HomeMy WebLinkAboutC-5949(L) - Restrictive Covenant AgreementRECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City ofNewport Beaeh
100 Civie Center Drive
Newport Beach, CA 92660
Recorded in Offical Records Orange County
Hugh Nguyen C erk-Recorde
11 111111 1111 11 1111 1111 0 H NO FEE
*$R00073475 6$*
2015000119948 1 29 pm 03109115
232407Al2F13 18
0.00 0.00 0.00 0.00 51.00 0.00 0.00 0.00
THIS SPACE FOR RECORDER'S IJSE ONLY.
Exempt Recording Request per Government Code 27383 and 6103
TITLE OF DOCUMENT:
RESTRICTIVE COVENANT AGREEMENT
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
City ofNewport Beach
Publie Works Department
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92660
RESTRICTIVE COVENANT AGREEMENT
This Restrictive Covenant Agreement ("Agreement") is made by and between the City of
Newport Beach ("City") and Owner of 332 Buena Vista Boulevard ("Owner") with reference to
the following:
A. Owner ("Owner") is the owner in fee of the real property cornrnonly known as 332
Buena Vista Boulevard ("Property"). The Property is comprised oftwo separate
parcels: a residential parcel on which a home is built ("Parcel 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 improvements and structurcs installed by Owner and/or Owner's
predecessors in title.
D. Insta11ation and maintenance ofthe various park -like improvements and structures in
the ROW is permitted pursuant to City Council Polity L-7, which recognizes that
Buena Vista Boulevard is used to provide non -vehicular aecess and views to the
waters ofNewport Bay.
E. On October 14, 2014, the City Couneil adopted Resolution No. 2014-89 stating its
desire to vacate a portion ofthe ROW (the "Vacated ROW") provide non -vehicular
access and views to the waters ofNewport Bay from the Existing Sidewalk by
controlling the height of ftiture improvements on the Vacated ROW. The Vacated
ROW is legaily deseribed in Exhibit "A" and depicted in Exhibit "B" which are
attaehed hereto.
F. Owner acknowledges that City would not vacate any portion of the ROW, but for
Owner's agreement to execute and record this Agreement.
1
NOW, THEREFORE, the Parties agree as foliows:
1. VACATION PROCEEDINGS
This Agreenient has no effect and will be deewed null and void ifthe Vacated ROW is
not vacated by City or the vacation is deemed void, invalid or ofno effect by a competent
Court oflaw.
2. CONDITIONS AND RESTRICTIONS
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, ifexpanded as set forth below, the
expanded sidewaik.
B. The Vacated ROW is the ROW with the exeeption of the Existing Sidewaik and an
additionai 4' wide strip of land that runs paraliel to and contiguous with the wester!y
boundary ofthe Existing Sidewaik (collectively, the Existing Sidewaik and the additiona
4' strip of land is referred to as the "Retained ROWfl. A maxirnum of 2' ofthe Retained
ROW can be used for thture sidewaik expansion ("Expanded Sidewaik") by the City and
the remaining 2' ofthe Retained ROW can be used by the City only for sidewaik
maintenance purposes. IfCity constructs an Expanded Sidewaik it shall, at its sole cost,
remove any improvements in the 2' section ofthe Retained ROW where the Expanded
Sidewaik will be located. IfCity construets an Expanded Sidewaik or uses the 2' section
ofthe Retained ROW for sidewaik maintenance purposes, it shall exercise due care to
protect and not damage any Owner improvements and City shall not be liable for any in -
kind repair or replacement of Owner improvements.
C. The City agrees that the Existing Sidewaik, Expanded Sidewaik, and/or the Retained
ROW will not be used, at anytime, for vehicular access except as may be required from
time to time for emergency or rnaintenance vehicle access.
D. Improvements existing on the Retained ROW and Vacated ROW as ofthe 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. Ifany
such irnprovements are removed and replaced, or ifnew irnprovements are installed after
the date ofrecordation ofthis Agreement, they shail not exceed forty-two inches (42") in
height as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik,
as applicable, immediately adjaeent to such improvements. For purposes ofthis
Agreement portable items are not improvements nor subjeet to the height limits ofthis
agreement provided that such portable items do not unreasonab!y obstruct the views to
the waters ofNewport Bay.
E. Landscaping and vegetation in the Retained ROW and the Vacated ROW, excluding
existing trees, shall not exceed forty-two inches (42") in height as measured from the
2
high point ofthe Existirig Sidewaik immediately adjacent to such strueture. New trees
and trees to replace existing trees may be pianted 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 Iandscaping and vegetation, excluding trees, must immediately
be trimmed to a height not greater than forty-two inches (42") when the maximum
allowed height is reached, except as set forth in Section 3, Maintenanee, below.
F. The Existing Sidewaik and ifexpanded, the Expanded Sidewaik shall be used for
pedestrian use only and as required by State or Federal law regarding persons with
disabilities.
G. This Agreement shall not alter any rights or obligations ofthe City or the Owner in
connection with any recorded Encroachment Agreements, and any Owner subject to a
recorded Encroachment Agreement shall continue to have the benefit of such
Encroachment Agreement.
H, Each and all ofthe above covenants are hereby declared to be covenants running with the
land burdened by such covenants and are hereby made appurtenarxt to said land.
1. lffor ariy reason any ofthe covenants hercin contained is invalid, the same shall not
affect the validity of the remainder ofthis Agreement.
J. To the extent any of the covenants herein conflict with City Council Policy L-7, the
covenants in this Agreement shall prevail.
K. This Agreement can be modified ifapproved in writing by both Owner and City and
thereafter recorded in the Official Records of the County ofOrange,
3. MAINTENANCE
Owner agrees to maintain all landscaping and vegetation in and on the Vacated ROW and
Retained ROW, with the exeeption 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 adjacent to such
tree sha]I, ifpossible and not detrimental to the health ofthe tree, be pruned or Iaced to
maintain an openness that aflows some reiieffrom a solid wall ofcanopy or foliage as to
that portion which is below 7', and be 75% opaque. City recognizes that there may be
some existing plants or shrubs that cannot be trimmed to 42" in height without injuring
the health ofthe plant or shrub and in such case they shafl be trimmed or pruned to be
75% opaque. City shall have the right to enter onto the Vacated ROW to hring the
Iandscaping or vegetation into eonformity with this Agreement, in the event Owner fails
to do so within thirty (30) days afler written notice of non-compliance is served on
Owner, Owner shall pay City all reasonable costs associated with enforcement ofthe
height restrictions 011 landscape and vegetation.
3
4. MUTUAL RELEASE
A. Owner and City (including offieers, agents, and employees) agree to reiease and
discharge each other from any claim, loss or liability or dainage that now exisis, that is in
any way related to their respective eonlrol or mainlenance ofthe Vacated ROW and
Retained ROW. Except for the Existing Sidewaik, Owner also acknowledges that the
maintenance of the private improvements and landscaping in the Retained ROW has been
the responsibility ofOwner, or Owner's predecessors, since the installation ofthe
Iandscaping and private improvements in the Retained ROW, t.hrough the date of
recordation ofthis Agreernent. Owner and City have consulted with legal counsel and as
a result of that consultation filIy understand the nature and extent ofthis release.
B. City releases and discharges Owner (ineluding heirs, executors, adrninistrators,
successors, and assigns) from any clairn, loss, liability or darnage that is in any way
related to Owners improvements to, or maintenance or eontrol ot 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 foliows:
"A general release does not extend to claims which the ereditor does not know or suspect
10 exist in his favor at the time of executing the release, which ifkrrnwn by him rnust
have materially affected his settlement with the debtor."
5, NOTICES
Notices required to be sent pursuant 10 this Agreement shall be deemed given when
personaily delivered to the Party or when deposited in the U.S. Mail, first class postage
prepaid and addressed as foliows:
OWNER Stanley Weston
332 Buena Vista
Newport Beach, CA 92661
CITY City ofNewport Beach — City Manager
100 Civic Center Drive
Newport Beach, CA 92660
4
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be exeeuted on
,2014.
APPROVED AS TO FORM:
ATTEST:
By:
City Attorney
Citybierk"
CITY OF NEWPORT BEACH,
a Municipal corporation
By:
City Manager \
OWNER: Weston Investments, LLC, a
Delaware limited Ilability company
By:
Stanley Westbn, Managing Mem'ber
By&fttic
Katharina Weston, Managing Member
H:\CLIENT\Buena Vista Horneowners\Restrictive Covenant Agreernent 141021 332doc
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5
AUFORPUA ALPtJR
State of California
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Thouqh the iritormation below is not required b- /aw, it may prove vaivabia to persons re/ying an the document
snd could prevent fraudo/ent removal md ;rattachment of this form to another donument
Jescripflon of Attached Document
Tifle ar Type of Document: k'e (euc ro442f At6cn44_.
who proved to me on the basis of satisfactoi-y
evidence to be the persot�)5whose nan27 is/ate
subscribed to the within instrument and ackn6wtedged
to me that he/she/th executed the same 1r
hismer/th4ih authorized capacity(ii.), and that by
his/her/tFQ'r signaturQ() on the instrument the
perso, or the entity upon behalf of which the
persorij)acted, executed the instrurnent.
certify under PENALTY OF PERJURY under the
laws of the State of Caliiornia that the foregoing
paragraph is true and correct.
WJTNESS my hand and officiat seal.
signatureCtji rignatur,pf
otary Pubc
Document Date:
tr2f 3(7c t-
1'
Signer(s) Other Than Named Above: bl J.t_—
Capacityes) Caimed by Signer(s)
Signers Name: AVtJ2stij YA*,A -
Corporate Gfficer - Titld(s): Corporale Officer - Tifie(s):
ndMduaf qndividuaI
Partner - Umited T General Pariner - Limited General
Attorney n Fact Attorney n Fact
Trustee Trustee
Guardian or Conservator Guardian or Conservator
Other: T Other:
Number of Pages:
Signers Name: b,fheM'k'a U$e3'14zV\
Signer s Representng:
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Sgner s Representing:
1
:32012 Nat/ona/ Notwv Association NationslNotm-y.orn 1-800-US NOTARY (1-800-876-6827)
Item #5907
EXHIBIT A
LEGAL DESCRPTION
PARTIAL VACATION OF BUENA VISTA BLVD.
1}IAT POR1ION 0F' BUENA V1STA BOULEVARD AS SHOWN ON SUBDMSION OF' BLOCK 'A' 0F EAST
NEWPORT, PER MAP RECORDED IN 8001< 4, PAGE 51, OF MISCELLANEOUS MAPS, RECORDS OF ORANGE
COIJNTt CALIFORNIA BEING DESCRIBED AS FOLLOWS:
COMMENQNG AT ThE MOST WESTERLY CORNER OF LOT 167 OF SAID MISCEU..ANEOUS MAP ALSO BEING A
POINT ON NORTHERLY RIGHT OF WAY BAY AVENUE (25.0 FEET HALF W1H) AND A POINT ON THE
SCUIHERLY RIGHT OF WAY BUENA VISTA BOULEVARD;
11IENCE LEA1N0 SAID GORNER ALONG SAID NORTHEAS1ERLY RIGHT OF WAY 0F' BAY AVENUE NORTH
78'30'3C WEST, 16.79 FEE1' TO THE TRUE POINT OF BEGINNING;
IHEN� CON11NUING ALONG SAID NOR1HEASTERLY RIGHT OF WAY N0R1}1 753Q'340 WEST, 43.45 FEET;
11IENOE �AMNG SAID NORIHERLY RIGHT OF WAY 0F' BAY AVENUE AND ALONG THE NORTHERLY RIGHT OF
WAY 0F' BUENA VISTA BOULEVARD 1HE F'OLLOWING COURSES:
NORIH 64'55'54" EAST, 349.79 FEET; NOR'TH 43'22'34 EAST, 411.19 Ftfl
THEN� LEAV1NG SAID NOR1HEASTERLY RIGHT OF' WAY SOUTh 4615'05 EAST, 24.00 FEET T0 A P01NT ON
A UNE PARAI.LEL WIH AND 10.00 FEET NOR11IWES1ERLY, MEASIJRED AT RIGHT ANOLES FROM ThE
SOLJTHERLY RIGHT OF WAY OF SAID BUENA MSTA BOULEVARD;
NENCE ALONG SAID PARAJ 1 fl UNE 1HE F0LL0NG COURSES:
SOIJTH 4322'34" WESTI 430.87 FEET; THENCE SOU1H 64'55'54" WEST, 303.81 FEET TO IHE 1RUE POINT
OF BEGINNING
CONTAINS 16)878 SQ. FT (+/-) OR 0.39 ACRES (+1-) 0F' I..AND, MORE OR LESS.
AI.L AS PAR11CULARLY SHOWN ON EXHIBIT "8", ATfACHED HERETO AND BY 11115 REFERENCE MADE A PART
HEREOF.
NCENT W. SCARPA11 R.C.E. 33520 DAIE
UC. EXP. DATh 6-30-2016
-jESS '°'/N
$ Wst\\
1*1
> No.33520 i
* Exp. 6/30/2016J*
e
SHEET 1 OF 4
BY: GT
DATE: 09/1812014
SCALE:NONE
c&v s:
CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANKING & SURVEVING
27156 BURSSANK
FOOTHtLL RANCH,
CA, 92610
T. 949,916.3600
F. 949.916.3805
y.CVC.JNC.NET
EXHIBIT "A"
VACATION
LEGAL DESCRIPTION
SCALE: "=100'
EXHIBIT B
QEDGEWATER AVE
1
T.P.0,B.
1
UNE TABLE
NO.
BEARING
LENGTh
11
N78'30'3VW
60.24"
12
N78'30'34W
16.79'
13
N78'30'3CW
43.45'
1.4
N4615'05W
24.00'
\ \_—'
4_- —
ur ----._
-
NOTE:
BUENA ISTA BOULEVARO SH0t4 HEREON IS BASED ON THE WION 01' 35.86' AS SH0%74 ON ASSESSORS PARCEL MW.
BUENA iSTA BOULEVARD PER 8L0CK A EAST NEwPoRr AS RECORDED IN BOOK 4, PAGE 51 01' MISCEU.ANEOUS MAPS.
SHOWS A WDN 01' 30.00'
4
/
SHEET 2 OF 4
9'?: GT
DATE: 09!1812014
SCAJ_E: ?100'
CSN'
CONSULTING, INC
CIVIL ENGINEERING
LAND PLANWING & SURVE'VING
27156 BURBANK
FOOThILL RANCH,
CA, 92610
T. 949.916.3800
1'. 949.916.3805
vwm.cVG.INC.NEF
EXHIBIT "B"
PARTIAL VACATION OF
RUENA VISTA BLVD
1
SALE 10 = 60'
Id
r
T.P.O.B.
-
EXHIBIT B
IJNE TABLE
P40.
BEARING
LENGN
LI
N78'30'34W
60.24"
1.2
W78'303VW
18.79'
13
N78'30'34"W
43.4&
14
N4615'05W
24.00
0'
\
" \160\
\
,ftd\ 1R2' \
p0.c
/
0
164
u\16e \165\
159
SHEET 3 OF 4
BY: GT
DATE: 9/18/2014
SCALE: 1"=SO'
CSN 5E
CONSULTING, INC.
CIVIL ENGINEEKING
LAND PLANN[NG & SURVEYING
27156 BURBANK
FOOThILL RANCH,
CA. 92610
T. 949.916.8800
if. 949.916.3805
J.CVC-INC.NET
EXHIBIT "B"
PARTIAL VACATION OF
BUENAVISTABLVD
t. \ \161
SCALE 1" =50'
ti3
SIIEET 4 OF 4
BY: GT
DATE: 9)18/2014
SCALE: 1"5ff
EXHIBIT B
CONSULTING, INC.
CIVIL ENGINEERING
LAND PI.ANNING & SURVEYING
/
/\
/
27158 BURBANK
FOOThILL RANCH,
CA, 92610
T. 949.918,3600
F. 949.916,3805
W.CVC-INC.NET
/
L4
7/
EXHIB!T "B"
PART1AL VACATION OF
BLJENA VISTA BLVD
LOT 152
LEGAL DESCRIPTION
THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIAI AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
LOT 152 OF THE SU8DIV1SI0N OF BLOCK A'OF EAST NEWPORT, AS SHOWN ON A MAP RECORDED IN BOOK
4. PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA; TOGETHER WI1H 11-IAT
POR11ON OF BUENA V1STA BOULEVARD L'flNG BETWEEN THE NORTHWESTERLY PROLONGATION OF il-IE
NORI'HEASTERLY AND SOUTHESTERLY LINES OF SAID LOT 152.
RESERVING ThEREFROM THE SOUTHEASTERLY 10.00 FEET OF SAID BUENA VISTA BOULEVARD, AS AN
EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH FOR NON-VEHICLJLAR PUBLIC ACCESS AND
SIDEWALK MAINTENANCE PURPOSES.
PARCEL 2:
BEGINNING AT THE POINT OF INTERSEC11ON OF THE NORTHWESTERLY UNE OF BUENA V1STA BOULEVARD
WITH THE NORTHWESTERLY PROLONCATION OF THE NORTHEASTERLY UNE OF LOT 152 OF THE "SUBDIV1SI0N
OF BLOCK A" OF EAST NEWPORT, AS BOTH SHOWN ON A MAP RECORDED IN BOO}< 4, PAGE 51 OF
MISCELLANEOUS MAPS, RECORDS OF ORANCE COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY ALONG SAID
NORTHWESTERLY LINE OF BUENA V1STA BOtJLEVARD TO ITS INTERSECTI0N W1TH THE NORTHWESTERLY
PROLONGA11ON OF THE SOUTHWESTERLY LINE OF SAID LOT 152; THENCE NORTHWESTERLY ALONG THE
LAST MEN11ONED PROLONGATION TO THE LINE OF ORDINARY HIGH TIDE OF 1HE PACIFIC OCEAN IN
NEWPORT BAY AS DESCRIBED IN THE DECREE RENDERED IN THE SUPERIOR COURT OF THE STATE OF
CALIFORNIA, IN AND FOR THE COUNTY OF ORANGE IN AN AC11ON EN11TLED "CITY OF NEWPORT BEACH,
PLAINTIFF, VS BAY ISLAND CLUB AND OTHERS, DEFENDANTS", CASE NO. 24080, A CERTIFIED COPY 0F'
WHICH WAS RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95 OF OFF1CIAL RECORDS OF SAID
ORANGE COUNTY; THENCE NORTHEASTERLY ALONG THE SAID TIDE LINE TO THE INTERSEC110N W1N SAID
NORTHWESTERLY PROLONGA11ON OF THE NORTHEASTERLY UNE OF SAID LOT 152; THENCE SOUTHEASTERLY
ALONG SAID PROLONGATION TO THE POINT OF BEGINNING.
/
ViNCENT W. SCARPAT1 R.C.E. 33520
LIC. EXP. DATE: 6-30-2016
DATE
lo. 33520
Exp. 6/3O/206
C
SHEET 1 OF 1
BY: MOX
DATE: 11-17-2014
SCALE: NONE
c&v i
CONSULTING, INC.
CIVIL ENGINEERING
LAND PLANNING & SURVEYINC
27156 BURBANK
FOOTHILL RANCF-1,
CA, 92610
T. 949.9163800
F. 949,916.3805
WWW.CVC-INC,NET
EXHIBIT "C"
LOT 152
EXHIBIT D
332 Buena Vista Blvd.
Page 1 of 2
332 Buena Vista Blvd. Page 2 of 2
Refere nces:
A. Plants: 31
B. Wall: 23"
C. E. Back Wall: 19"
0. Plants: 42
E, Brick and Concrete Carriage Waik: 5"
MPROVD AS TO ORMz
City Attorney
I0j