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Home My WebLink AboutC-5949(H) - Restrictive Covenant AgreementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City Clerk City ofNewport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in OffCaI Records, Orange County Hugh Nguyen Clerk-Recorde 11 [1 II I F 1111 U IIElIIIIID NO FEF *$R00073 T513$* 2015000119942 1 29 pm 03109115 232407Al2F13 20 0.00 0.00 0.00 0.00 57.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Goverument Code 27383 and 6103 TITLE OF DOCUMENT: RESTRICTIVE COVENANT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City ofNewport Beaeh Public Works Department 100 Civie Center Drive P0. Box 1768 Newport Beach, CA 92660 RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement ("Agreement") is made by and between the City of Newport Beach ("Ci1y") and 0wner of 322 Buena Vista Boulevard ("0wner") with reference to the foliowing: A. Owner ("0wner") is the owner in fee ofthe real property commonly known as 322 Buena Vista Boulevard ("Property"). The Property is comprised oftwo separate parcels: a residential parceJ on which a home is built ("Parce] 1") and a bay front parcel ("Parcel 2"). The Property is legaily described in Exhibit "C". B, A street right-of-way ("ROW") for Buena Vista Boulevard was dedicated to the City, which varies in width, from 30.00' to 35.88'. C. The ROW has been improved with a 6' wide public sidewaik ("Existing Sidewaik") constructed and maintained by the City and, in the remainder ofthe ROW are located various park -like irnprovements and structures installed by 0wner andlor 0wner's predecessors in title. D. Insta11ation and maintenance of the various park -like improvements and structures 111 the ROW is permitted pursuant to City Council Polity L-7, which recognizes that Buena Vista Boulevard is used to provide non -vehicular access and views to the waters ofNewport Bay. E. 0n 0ctober 14, 2014, the City Council adopted Resohition No. 2014-89 stating its desire to vacate a portion of the ROW (the "Vacated ROW") provide non -vehicular access and views to the waters ofNewport Bay from the Existing Sidewaik by controlling the height of future irnprovements on the Vacated ROW. The Vacated ROW is legaily described in Exhibit "A" and depicted in Exhibit "B" which are attached hereto. F. 0wner acknowledges that City would not vacate any portion ofthe ROW, but for 0wner's agreement to execute and record this Agreement. 1 NOW, THEREFORE, the Parties agree as foliows: 1 VACATION PROCEEDINGS This Agreement has no effect and will be deemed null and void ifthe Vacated ROW is not vacated by City or the vacation is deemed void, invalid or ofno effect by a cornpetent Court oflaw. 2. CONDITIONS AND RESTRICTJONS Owner and City agree to the foliowing conditions and restrictions on the use ofthe Existing Sidewaik, Retained ROW and Vacated ROW: A. The City shall maintain the Existing Sidewaik and, if expanded as set forth below, the expanded sidewaik. B. The Vacated ROW is the ROW with the exception ofthe Existing Sidewaik and an additiona! 4' wide strip of land that runs paraliel to and contiguous with the westeriy boundary ofthe Existing Sidewaik (collectively, the Existing Sidewaik and the additional 4' strip of land is referred to as the "Retained ROW"). A maximum of 2' ofthe Retained ROW can be used for future sidewaik expansion ("Expanded Sidewaik") by the City and the remaining 2' oflhe Retained ROW can be used by the City only for sidewaik maintenance purposes. If City constructs an Expanded Sidewaik it shall, at its sole cost, rem.ove any irnprovements in the 2' section of the Retained ROW where the Expanded Sidewaik will be Iocated. IfCity constructs an Expanded Sidewaik or uses the 2' section ofthe Retained ROW for sidewalkmaintenanee purposes, it shall exercise due care to protect and not damage any Owner improvernents ard City shall not be liable for any in - kind repair or replacement ofOwner improvements. C. The City agrees that the Existing Sidewaik, Expanded Sidewaik, and/or the Retained ROW will not be used, at anytirne, for vehicular access except as may be required from time to time for emergency or maintenance vehicle access. D. Improvements existing on the Retained ROW and Vacated ROW as of the date ofthe recording ofthis Agreement are depicted and described in Exhibit "D" to this agreement and incorporated herein by this reference and shall be allowed to remain in place. If any such improvemenxs are removed and replaced, or ifnew improvements are installed afler the date ofrecordation ofthis Agreernent, they shall not exceed forty-two inches (42") in height as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, immediateiy adjacent to such improvements. For purposes ofthis Agreement portable items are not improvements nor subject to the height Iirnits ofthis agreement provided that such portable items do not unreasonably obstruct the views to the waters ofNewport Bay. E. Landscaping and vegetation in the Retained ROW and the Vacated ROW, exeluding existing trees, shall not exeeed forty-two inches (42") in height as rneasured from the 2 high point ofthe Existing Sidewaik irnmediat&y adjacent to such structure. New trees and trees to replace existing trees may be planted in the Retained ROW and the Vacated ROW provided that the tree canopy is at least 7' at maturity as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, immediately adjacent to such tree. Any landscaping and vegetation, excluding trees, must irnmediately be trimmed to a height not greater than forty-two inches (42") when the maxirnum allowed height is reached, exeept as set forth in Section 3, Maintenance, below. F. The Existing Sidewaik and if expanded, the Expanded Sidewaik shall be used for pedestrian usa only and as required by State or Federal law regarding persons with disabihties. G. This Agreement shail not alter any rights or obligations ofthe City or the Owner in conneetion witb any recorded Encroachment Agreements, and any Owner subject to a recorded Encroachment Agreement shall continue to have the benefit ofsuch Encroachment Agreement. H. Each and alt ofthe above covenants are hereby declared to be covenants running with the land burdened by such covenants and are hereby made appurtenant to said land. 1. Iffor any reason any ofthe covenants herein contained is invalid, the sarne shall not affect the validity ofthe remainder ofthis Agreement. J. To the extent any of the covenants lierein conflict with City Council Policy L-7, the covenants in this Aweernent shall prevail. K. This Agreemerit can be rnodified ifapproved in writing by both Owner and City and thereafterrecorded in the Offieial Records ofthe County ofOrange. 3. MAINTENANCE Owner agrees to maintain all landscaping and vegetation in and on the Vacated ROW and Retained ROW, with the exception ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, at or below the height specified in this Agreement. Any trees which have a canopy or foliage which extends below 7' as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, immediately adjaeent to such tree shall, ifpossible and not detrimerital to the health of the tree, be pruned or laced to maintain an openness that aliows some relieffrom a solid wall ofeanopy or foliage as to that portion which is below 7', and be 75% opaque. City reeognizes that there may be some existing plants or shrubs that cannot be trimmed to 42" in height without injuring the health of the plant or shrub and in such ease they shall be frimmed or pruned to be 75% opaque. City shall have the right to enter onto the Vacated ROW to bring the landscaping or vegetation mb conformity with this Agreement, in the event Owner fails to do so within thirty (30) days after written notice of non-complianee is served on Owner. Owner shall pay City all reasonable eosts associated with enforcement oftlie height restrictions on landscape and vegetation. 3 4. MUTUAL RELEASE A. Owner and City (ineluding officers, agents, and employees) agree to release and discharge each other from any claim, loss or Iiability or damage that now exists, that is in any way related to their respective control or maintenance of the Vacated ROW and Retained ROW. Except for the Existing Sidewalk, Owner also acknowledges that the maintenanee of the private improvenients and landscaping in the Retained ROW has been the responsibility of Owner, or Owner's predecessors, sinee the installation ofthe landscaping and private improvements in the Retained ROW, through the date of recordation of this Agreement. Owner and City have consulted with legal counsel and as a result of that consultation fiully understand the nature and extenl of this release. B. City releases and diseharges Owner (including heirs, executors, adminislrators, successors, and assigns) from any claim, loss, liability or darnage that is in any way related to Owners improvements to, or maintenance or control of, the Retained ROW or Vacated ROW prior to the date this Agreement is recorded. C. In granting their mutual releases, City and Owner waive the provisions of Section 1542 ofthe Civil Code that reads as follows: A general release does not extend to claims which lhe ereditor does not know or suspect to exist in his favor at the time ofexecuting the release, which ifknown by him rnust have materially affected his settlenient with the debtor.' 5. NOTICES Notices required 10 be sent pursuant to this Agreernent shall be deemed given when personaily delivered 10 the Party or when deposiied in the U.S. Mail, first class postage prepaid and addressed as follows: OWNER Thomas W Field, Jr., Trustee Ruth 1. Field, Trustee 322 Buena Vista Newport Beach, CA 92661 CITY City ofNewport Beach — City Manager 100 Civic Center Drive Newport Beaeh, CA 92660 4 IN WITNESS WHEREOF, the parties hereto have caused this A&eement to be executed on -a' ,2014. CITY OF NEWPORT BEACH, a Municipal corporation APPROVED AS TO FORM: By: By: City Attorney City Manager ATTEST: OWNER: Thomas W. Field, Jr. and Ruth L Fieki, Trustees under Trust Agreement dated November 1, 1987 By: City Clerk ' Thomas W. Field, Jr., Trustee By: Ruth 1. Field, Trustee H:\CLIENVBueoa Vista Hoincowners\Rest,jctjve Covenant Agreement 141021 322.doc LM 92214 — 1 8cc k,Ki0-II cJJ/ACJ rorrJo1y 5 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on 2- ,2015. APPROVED AS TO FORM: By: City Attorney A 1ThST By: State ofArizona Countyof The foregoing instrument was acknowledged before me this 2 day of CITY OF NEWPORT BEACH, a Municipat corporation By: - t City Manager \ OWNER: Thomas W. Field, Jr. and Ruth 1. Fietd, Trustees under Trust Agreement dated November 16, 1987 By: Thonias W. Field, Jr., Trustee By: iS't hthii Ruth L Field, Trustee oj5 jL 4( NOTARY PUBLIC &LJPAUM J CHOOLEATpj$ NOTARy PUBIJC - ARIZONA Maricopa County My Commlnlon Explres Febniary 19, 2018 PrintName: S u44rq 15 Ck00k€ My Commission Expires: 4, 2o1% H:\CL!ENTWuena Vista Homeowers\Resfriotive Covenant Agreement 141021 32240o LM922I4 5 (person). ALL-PURPOSE ACKNOWLEDGMENT kOa0000�0000000000000000000000000000coo State ofCalifornia County of on 12.- 2q_ 2.oic. beforeme, OAF personaily appeared _77],.41q5, W4LYEZ. J' fl wlio proved to me on the basis ofsatisfactory evidence to be the perso HEU)EH VAKHSR Cc;ii 1993407 216 s Notary Public, hose narn4) is/� subseribed to the withiri instrurnent and acknowIgcd to inc that he/s,jijffey executed the same in his/her/their authorizTcapacity(jn), and that by his/F/r)Weir signature on the irCstrurnent the person,�), or thc entity upon behalf of which the nerson(� acled, executed thc instrurnent. 1 certify ander PENALTY OF PERJURY under the laws of the State of California tliat the foregoing paragraph is true and correct. WITNESS my hand ..awnLciaI seal. KYSS (ThIAFUK( PLACENOTARYSEAI, NAI3OVE SPACR OPTIONAL INFORMAT1ON .' Tlie infoi-mation below is optional. 1-lowever, it mayprove valuable and could prcvent fraudulent attaclirnent ofthis forni to an unauthorized docurnent, CAPACI1'Y CLAIMED BY SIGNER (PRINCIPAL) 121 INDVIDUAL fl CORPORATE OFFECER U PARTN4ER(S) fl ATTORNEY -IN -FACT fl TRUSTEE(S) fl GUARDJAN(CONSERVATOR fl OTI[ER: TrrLWs) SIGNER (PJUNCIJ'AL) IS REPRESENTING: NAME 1* PERSON(S) OR ENTITY(ILS) DESCRIPTION OEATTACHED DOCUMENT TJTLE OK YYPE OF DOCUMEN1 NUMSER OF PAC;ES DATE OF 000LJMENT THUM8PPJNT oi SIONER 000000,000�o��o� OTHER 0 0 NOFARYBONnSSUPI'LISANDF�ftMSArIrrp;Jwwwv\LIEysIERRAco?4 O2OO5-2OOSV:LLEY.SERRA [NSLJRA>CE EXHIBIT A EXHIBIT A LEGAL DESCRIPTION PARTIAL VACATION OF BUENA VISTA BLVD. THAT POR11ON OF BUENA MSTA B0JLEVARD AS SHOWN ON SUBDMSION OF BLOCK 'A' OF EAST NEWPORT, PER MAP RECORDED IN BOOK 4, PAGE 51, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA BEING DESCRIBED AS FOLLOWS: COMMENCING AT ThE MOST WESTERLY CORNER OF LOT 167 0F SAID MIS�LLANEOUS MAP ALSO BEING A POINT ON NORTHERLY ffiGHT OF WAY BAY AVENUE (25.0 FEET HALF WITH) AND A PO!NT ON THE SOUTHERLY RIGHT OF WAY BIJENA VISTA BOULEVARD; THENCE �A1NG SAID CORNER ALONG SMD NORTHEASTERLY RIGHT OF WAY OF BAY AVENUE NORTH 78'30'34" WEST, 16.79 FEET TO THE 1RUE PC4NT GE BEGINNING; IHENCE CON11NUING ALONG SAID NORTHEASTERLY RIGHT OF WAY NORIH 7&30'34" WEST, 43.45 FEET; JHENCE LEAMNG SA!D NORIHERLY RIGHT OF' WAY OF BAY AVENUE AND ALONG IHE NORTHERLY RIGHT 0F WAY OF BUENA VSTA BOiJLEVARD 1HE F0ft0NG CGURSES: NORTh 64"55'54" EAST, 349.79 FEET; NORTH 43'22'34" EAST, 411.19 FEET; ThEN� LEAMNG SAIO NORTHEASTERLY RIGHT OF WAY SOUTh 4615'05" EAST, 24.00 FEET TO A POINT ON A UNE PARAU.EL WIIH AND 10.00 FEET NOR1HWES1ERLY, MEASURED AT RIGHT ANGLES FROM 11IE SOUIHERLY RIGHT OF WAY OF SAID BUENA STA BOULEVARD; NENCE kONG SAID PARAt.LEL UNE THE FOLLOWING COURSES: SOU11I 4322'34" WEST, 430.87 FEET; 1HENCE S0U1H 6455'54" WEST, 303.81 itt. 1 TO IHE 1RUE POINT OF BEGINNING CONTAINS 16,878 SQ. FT (+/-) OR 0.39 ACRES (+1-) OF LAND, MORE OR LESS. AI.L AS PAR11CULARLY SHOWN ON EXHIBIT "8", A1TACHED HERETO AND 8? THIS REFERENCE MADE A PART HEREOF. %,*C NCENT W. SCARPA11 R.C.E. 33520 DATE UC. EXP. DATE: 6-30-2016 SHEET 1 OF 4 8?: GT DATE: 09/18/2014 SCALE: NONE CONSLJLTJNG, INC. CIVIL ENGINEERING LAND PLANNING & SI.JRVEYING 21156 BURBANK FOOTHiLL RANCH, CA, 92610 T. 949.916.3800 F. 949.916.3805 %LCVC4NC.NET EXHIBIT "A" VACATION LEGAL DESCRIPTION EXHIBIT B EXHIBIT B QEDGEWATER AVE L4 SCALE: '‚ 100' / \\• T.P.0.B. '- 0g?0 6 1 UNE TABLE 140. BEARING LENGTh 11 N78'30'3CW 80.24" 12 N78'30'34"W 16.79' 13 1478.ao*34NW 4345S 14 144615'OSW 24.00' NOTE: BUENA MSTA ROULEVARD SHOVR4 HEREON IS BASED 011 1HE WDTh OF 35.88' *5 SHOWN ON ASSESSORS PARCEL MAP. SUENA MSTA BOULEVARD PER BLOCI( A EAST NEWPORr AS RECORDEO 11 8001< 4. PAGE 51 OF MISCEI.LANEOUS MAPS. SHOWS A VAO1H OV 30.00' SIIEET2OF4 BY: GT DATE: 09/18/2014 SCALE:1100' c&v CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 21156 BURBANK FOOThILL RANCH, 0*, 92610 T. 949.916,3800 F. 949.916.3805 V.CVC-lNC.NEt EXHIBIT "B" PARTIAL VACATION OF BUENAVISTA BLVD SCALE 1" = 50' T.P.0.8. Li p.OEc EXHIBIT B IJNE TABt.E NO. BEARING LENGJH LI N78'30'34W 60.24" L2 N78'30'3CW 16.79' L3 N78'30'34"W 43.45 L4 N46'15'05W 24.00' / 159 a \160\ 162 c °t1 164 163 \&0t\ 165 •Q5' -_\ SHEET 3 OF 4 BY: GT DATE: 9118/2014 SCALE: 1'=50' CSW i± CONSULTING, INC. CIVIL ENGINEERING LAND PLANWNG & SURVEVING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3800 F. 949.916.3805 V.CVC-INC.NET EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD uJ SCALE 1" = 50' /K /K' / N 44. /\ , EXHIBIT B / / // /\ // / tc 148'\ / / // 14 /7 \147 \ 1/ 1/ \148\ / y \150 / \151 \ / / / N52 >,"2 / 4 ca o '\/,K \157\/ > 'O' " \r'>/ / —. \ 154/ \ 155 Ak/ I'Ju 158 \\ 159\ / , / / SHOET 4 OF 4 BY: 31 DATE: 9/18/2014 SCALE: 1 =50' CSW ri CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEY(NG 27156 BURBANK FOOThILL RANCH, Ok 92610 T. 949916.3800 F. 949.916,3805 .CVC-INC.NET EXHIBIT "B" PARTJAL VACATION OF BUENA VISTA BLVD LOT 157 LEGAL DESCRIPTION THE LAND REFERRED T0 HEREIN 6 SITUATED IN THE CITY OF NEWPORT BEACHI COUNTY OF ORANGE, STATE OF CAUFORNIA, AND 6 DESCRIBED AS FOLLOWS: PARCEL 1: LOT 157 OF THE SUBDIV1SI0N OF BLOCI< A0F EAST NEPORT, AS SHOWN ON A MAP RECORDED IN BOOK 4 PAGE 51 OF M!SCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA; TOGEThER W1TH NAT POR11ON OF BUENA VISTA BOULEVARD LYING BETWEEN THE NORTHWESTERLY PROLONCATION OF THE NORTHEASTERLY AND SOUThWESTERLY LINES OF SAID LOT 157. RESERVING THEREFROM NE SOUTHEASTERLY 10.00 FEET OF SAID BUENA VISTA BOULEVARD, AS AN EASEMENT N FAVOR OF ThE CITY OF NEWPORT BEACH FOR NON -VEHICULAR PUBLIC ACCESS AND SIDEWALK MAINTENANCE PURPOSES. PARCEL ? BENNING AT NE POINT OF NTERSEC11ON OF THE NORThWESTERLY LINE OF BUENA VISTA BOULEVARD W1TH THE NORTHWESTERLY PROLONCATION OF THE NORTHEASTERLY UNE OF LOT 157 OF NE "SUBDIVISION OF BLOCK A" OF EAST NEWPORT, AS BOTh SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 51 0F MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF BUENA 1STA BOULEVARD TO ITS INTERSEC110N W1TH THE NORTHWESTERLY PROLONGATtON OF NE SOUTHWESTERLY LINE OF SAID LOT 157; NENCE NORTHWESTERLY ALONG THE LAST MEN11ONED PROLONGA11ON TO NE LINE OF ORDINARY HIGH TIDE OF THE PACIF1C OCEAN IN NEWPORT BAY AS DESCRIBED IN NE DECREE RENDERED IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA, IN AND FOR ThE COUNTY OF ORANGE IN AN ACTION EN11TLED "CITY OF NEWPORT BEACH, PLAINflFF, VS BAY ISLAND CLUB AND OTHERS, DEFENDANTS", CASE NO. 24080, A CERTIFIED COPY OF WHICH WAS RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; ThENCE NORTHEASTERLY ALONG THE SAID TIDE UNE TO THE INTERSEC110N WITH SAID NORTHWESTERLY PROLONGA11ON OF THE NORTHEASTERLY UNE OF SAID LOT 157; THENCE SOUTHEASTERLY ALONG SA!D PROLONGATION TO THE POINT OF BEGINNING. b_\ VINCENT W. SCARPA11 R.C.E. 33520 DATE LIC, EXP. DATE: 6-30-2016 SHEET 1 OF 1 BY: MOX DATE: 11-17-2014 SCALE: NONE CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEYING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 9499163800 F. 9499163805 WWW.CVC-INC.NET EXHIBIT "C" LOT 157 322 Buen Vista Blvd. Page 1 of 3 322Buen Vista B!vd. Page2of3 322 13uena Vista Blvd. Page 3 of 3 References: A. Raised Curb: 3" B. Red Plants: 53" - Required to be trimmed and maintained to a maximum height of 42' above sidewaik grade. C. Brick Wall: 19" D. Grill: 55" E. Grill Table: 40" F. Lamp Post: 85" G. Potted Piants: 23.5" H. Shrub: 39" 1. Grilt WaH: 47.5" J. Brick Carriage Waik: 5" APPROVED AS TO ?O City Attorney