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HomeMy WebLinkAboutC-5949(Q) - Restrictive Covenant AgreementRECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: 1J) City Clerk r City ofNewport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Offcal Records, Orange County Hugh Nguyen Gte k-Recorder iIII 111111 1111 11111111 1111 *$R00073 7539$ 2015000119953 1 29 pm 03/09/15 232407Al2F13 20 0.00 0.00 0.00 0.00 57.00 0.00 0.00 0.00 NO FEF THIS SPACE FOR RECORDER'S USE �NLY. 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 Beaeh Public Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92660 RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreernent ('Agreemenf) is rnade by and between the City of Newport Beach ("City") and Owner of 350 Buena Vista Boulevard C'Owner") with reference to the foliowing: A. Owner ("Owner") is the owner in fee of the real property commonly known as 350 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 rnaintained by the City and, in the remainder of the ROW are located various park -like improvements and structures instailed by Owner and/or Owner's predecessors in title. D. Insta11ation and maintenance of the 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 access and views to the waters ofNewport Bay. E. On October 14, 2014, the City Council adopted Resolution 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 thture improvemerits on the Vacated ROW. The Vacated ROW is legaily described in Exhibit "A" and depicted in Exhibit "B" which are attached hereto. F. Owner acknowledges that City would not vacate any portion ofthe ROW, but for Owner's agreement to execute and record this Agreement. G. As to 350 Buena Vista Boulevard, the City acknowledges that the location and configuration ofthe existing u-shaped boat dock for 350 Buena Vista Bouievard is legal and in compliance with the City's approved perrnit. NOW, THEREFORE, the Parties agree as follows: VACATION PROCEEDINGS This Agreernent has rio 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 competent Court oflaw. 2. CONDITIONS AND RESTRICTIONS Owner and City agree 10 the foliowing conditions and restrictions on the use of the Existing Sidewaik, Retained ROW and Vacated ROW: A, The Cily shali maintain the Existing Sidewaik and, ifexpanded as sel forth below, the cxpanded sidewaik. B. The Vacated ROW is the ROW with the exception ofthe Existing Sidewaik and an additional 4' wide strip of land that runs paraliel to and contiguous with the westerly boundary ofthe Existing Sidewaik (colleclively, the Existing Sidewaik and the additional 4 strip ofland is referred 10 as the 'Retained ROW'). A maximum of2' ofthe Retained ROW can be used for future 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 constructs an Expanded Sidewaik or uses the 2' section ofthe Retained ROW for sidewalkmaintenance 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 thal 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 lime to time for emergency or niaintenance vehicle access. D. Improvements existing on the Retained ROW and Vacated ROW as of the date ofthe recording of this Agreernent 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 improvements are removed and replaced, or if new improvements are installed afier lhe date of recordation ofthis Agreement, lhey shall not exceed forty-two inches (42") in height as measured from the high point of the Existing Sidewaik or Expanded Sidewaik, as applicable, imrnediately adjacent to such improvements. For purposes ofthis Agreernent portable items are not improvements nor subject to the height limits ofthis 2 agreement provided that such portable ilems do not unreasonably obstruct the views to the waters of Newport Bay. E. Landscaping and vegetation in the Retained ROW and the Vacated ROW, exeluding existing trees, shall not exceed forty-two inches (42") in height as rneasured from the high point ofthe Existing Sidewaik immediately 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 ieasl 7' at maturity as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, irnmediately adjacent to such tree. Any landscaping and vegetation, excluding trees, niust immediatety be trimmed 10 a heighl not greater than forty-two inebes (42') when the maximum allowed heighl is reachecl, except as set forth in Section 3, Maintenance, 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 of the City or the Owner in connection with any recorded Encroachment Agreernenls, and any Owner subject to a recorded Encroachment Agreement shall continue to have the benefit ofsuch Encroachment Agreement. H. Eaeh and all ofthe above covenants are hereby deelared to be eovenants running with the land burdened by such eovenants and are hereby made appurtenant to said land. 1. Iffor any reason any of the covenants herein eontained is invalid, lhe sarne sh.all not affect the validity of the remainder ofthis Agreement. J. To the extent any of the covenants hercin conflicl with City Council Policy L-7, the covenants in this Agreement shall prevail. K. This Agreement can be modified if approved in writing by both Owner and City and thereafterreeorded in the Official Records ofthe CountyofOrange. 3. MAINTENANCE Owner agrees to mainlain all Iandseaping and vegetation in and on the Vaeated ROW and Retained ROW, with the exception of the Existing Sidewaik or Expanded Sidewaik, as applicable, at or below the height speeified in this Agreement. Any trees whieh 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 10 such tree shall, ifpossib!e and not detrin-tental to the health ofthe tree, be pruned or Iaced to rriaintain an openness that aliows some relief from 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 oflhe plant or shrub and in such case they shall be trimmed or pruned to be 3 75% opaque. City shall have the right to enter onlo the Vacated ROW to bring the landscaping or vegetation into conformity with this Agreement, in the event Owner fails to do so within thirty (30) days after wriuen notice of non-compliance is served on Owner. Owrier shail pay City all reasonable costs associated with enforcement ofthe height restrictions on landscape and vegetation. 4. MUTUAL RELEASE A. Owner and City (including officers, agents, and emptoyees) agree to release and diseharge each other from any claim, loss or liability or damage that now exists, that is in any way related to their respeetive control or rnaintenance ofthe Vacated ROW and Retained ROW. Except for the Existing Sidewaik, Owner also acknowledges that the maintenance ofthe private improvements and landscaping in the Retained ROW has been the responsibility of Owner, or Owner's predecessors, since the installation ofthe Iandscaping and private improvements in the Retained ROW, through the date of recordation ofthis Agreement. Owner and City have consulted with legal counsel and as a result ofthat consullation fiully understand the nature and extent of this release. B. City releases and discharges Owner (including heirs, executors, administrators, suecessors, and assigns) from any claim, loss, liabiliiy or damage that is in any way related to Owners improvenients to, or maintenance or control of, the Retained ROW or Vacated ROW prior to the date this Agreernent 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 generat release does not extend to elaims which the creditor does not know or suspect to exist in his favor at the time of exeeuting the release, which ifknown by him must have materially affected his settlernent with the debtor." 5. NOTICES Notices required to be sent pursuant to this Agreement shall be deemed given when personaily delivered to the Party or when deposited in the 11.5. MaiL, first class postage prepaid and addressed as foliows: OWNER Carolyn Christine Stockton 350 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 executed on /2— /6 ,2014. APPROVED AS TO FORM: By: {,-' ATTEST: By: [JV City Attorney CJTY OF NEWPORT BEACH, a Municipal corporation By: City Manager OWNER: Carolyn Christine Stockton, a single woman lyn Christine Stockton 1-] C'IjENT'Buena \'ista Hoineowners\Restriciive Coveuant Agreernent 14 021 350doe LM 9.2214 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 State of California County of On tc) Oec beforeme, U-' E Date Name and Tftfe af (he Officer personaily appeared CA'\ 9tctovi Name(s) of Signer(s) - - KAURIE.PEREZ •t Conimiuioru 2oeizs • NctstyPutwft C*arn3s OraitgsCoisity who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certrfy under PENALTY OF PERJURY under the aws of the State of california that the foregoirig paragraph is true and correct. WITNESS my hand and offidatsea. Place Notaty Seal Above Signature: OPTIONAL S/gnaturb of Notaty P b ic Though this section is opt/ona/, comp/eting this /nformation can deter alteration of the document or fraudu/ent reattachment of this form to an unintended document. Deseription of Attached Document Tite or Type of Document: J?aSVY\C.PV e C QCLkfl1 Document Date: 1 '2 0 - 1 Number of Pages: Signer(s) Other Capacity(ies) Ctaimed by Signer(s} - Signer's Name: C t\uvt �\v*v $\c/\ LJ Corporate Officer — Tite(s): [T: Partner— Limited fH General [ndividua Attorney in Fact E Trustee L] Guardian or Conservator Other: Signer Is Representing: Signer's Name: [1 Corporate Officer — Title(s): LI Partner — Limited L] General L] ndividual LT: Attorney in Fact [11 Trustee [.J Guardian or Conservator [J Other: Signer Is Representing: © 2013 National Notary Association • wwwNationalNotaryorg • 1-800-US NOTARY (1-800-876-6827) - Item #5907 EXHIBIT A LEGAL DESCRIPTION PARTIAL VACATJON OF BUENA VISTA BLVD. NAT POR11ON OF BUENA V1STA BOULEVARD AS SHOWN 014 SUBDIMSION OF BLOCK 'A' OF EAST NE*PORT, PER MAP RECORDED IN BOOK 4, PAGE 51, or MISCELLANEOUS MAPS, RECORDS 0F ORAI4CE COUNTY, CALIFORMA 68146 DESCRIBED AS FOLLOWS: COMMENCING AT ThE MOST WESTERLY CCRNER OF LOT 167 OF SAID MISCELLANEOUS MAP ALSO BEING A POINT 014 NORII-IERLY RIGEIT OF WAY BAY AVENUE (25.0 FEET HALE WITH) At'4D A PCINT ON IHE SOIJTHERLY RIGHT OF WAY BUENA 1STA BOULEVARD; THEN� LEAV1NG SAID CORNER ALONG SAID NORTHEASTERLY RIGHT OF WAY OF BAY AVENUE NORTH 78'30'34" WEST, 16.79 FEET TO IHE 1RUE POINT OF BEGINNING; THEN� CON11NUING ALONG SAID NOR1HEASTERLY RIGHT OF WAY N0R1H 78'30'34" WEST, 43.45 FEET; 1HENcE LEAVING SAID NORTHERLY RIGHT OF WAY OF BAY AVENUE AND ALONG 1HE NORTHERLY RIGHT 0F WAY OF BUENA 1STA BOULEVARD 1}IE FOLLOWING COURSES: NORIH 64'55'5C EAST. 349.79 FEET; NOR1'H 4322'34" EAST, 411.19 FEET; THEN� LEAV1NG SAID NOR1HEASTERLY RIGHT OF WAY SOUTH 4615'05" EAST, 24.00 FEET TO A POINT 014 A tJNE PARAU.EL W11H AND 10.00 FEET NOR1HWESTERLY, MEASURED AT RIGHT ANGLES FROM THE SOUTHERLY RIGHT OF WAY OF SAID BUENA VISTA BOULEVARD; 11IENCE kONG SAID PARM FI UNE NE FOLLOWING COURSES: SOUTh 4322'34' WEST, 430.87 FEET; 11-IENCE SOUIH 64'55'54 WESTI 303.81 EI± 1 TO THE TRIJE POINT OF BEGINNING CONTAINS 16,878 SQ. FT (+1-) OR 0.39 ACRES (+/—) OF LAND, MORE OR LESS. ALL AS PAR11CULARLY SHOWTI ON EXHIBIT "B, A1TACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. NCENT W. SCARPA11 R.C.E. 33520 DATE UC. EXP. DAlt 6-30-2016 > No. 33520 Exp. 6/30/2016 !vfl. Qr SHEET1OF4 BY: GT csw ti: DATE: 09/18/2014 SCALE: NONE CONSULTING, INC. CIVJL ENGINEERING LAHD PLANIIING & SURVEVING 27156 BURBANK FOOTH!LL RANCH, CA, 92610 T. 949.916.3600 F. 949.916.3805 .CVC-!NC.NET EXHIBIT "A" VACATIQN LEGAL DESCRIPTION 1 SCALE: 1" = 100' EXHIBITB QEOGEWATER AVE 1 T.P.O.S. P.o.c LINE TASI.E NO. BEARING LThGTH 11 N78'30'3CW 60.24" L2 N78*30134*W 16.79' L3 N78'.30'34W 43.45' L4 N4615'OS"W 24.00' E' - 151 NOTE: BUENA VISTA BOULEVARD SHOWW HEREON IS BASEO ON IHE WD1H 01' 35.88' AS SHO%W4 ON ASSESSORS PARCEL. MAP. BUENA 4STA BOULEVARD PER BLOCI( A EAST PiEwPoRr AS RECOROED IN BOOK 4, PAGE 51 01' MISCELLANEOUS MAPS. SHO*S A ETH 01' 30.00' .4 / St1EET 2 OF 4 BY: GT DAt 09/18/2014 SCALE: flo�' CSC\ kE! CONSULTING, INC. CIVIL Et4GINEERING LAND PLANNUIG & SURVEY!NG 27156 BURBANK FOOThILL RANCH, CA, 92610 T. 949.916.3800 1'. 949.916.3805 V.GVC-INC.NET EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD 8 2 2 SCALE 1" = 50' 1 EXHIBIT B LJNE TAGLE NO. BEARING LENGTH Li N7830'34W 50.24' 12 N78'30'34'W 16.19' (.3 N78'30'34W 43.45' (.4 N4615'05»W 24.00' \ 7< - \ \ "159 160 \ T.P.0.B. c \162 \161 - \ 1 \ 'a ' \ "ie \ l90 CL2 \166 \165 \ - p.0.c - - w SHEET 3 OF 4 BY: GT DATE: 9(18/2014 SCALE: V=5U c&v CONSUL.TING, INC. CIVIL ENGINEERING LAND PL*NNING & 8URVEYNG 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3800 F. 949S16.3805 MW.CVC-INC.NET EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD 3 8 w SCALE 1" =50' /K /<‚ EXHIBITB / / \ 14 / \( /_'_ / 7 \151 // \ 152 /7 '.9Y")/ / \ 154 +t/ Vc.\ 155Y N N " <Q/'\ \ 156 27 7 \ 158 / 159\ N / / / 14 / / SIIEET 4 OF 4 BY: GT DATE: 9/18/2014 SCALE: 1"=SO' (&V 'ii CONSULTING, INC. CIVJL ENGINEERING LAND PLANNING & SURVEVING 27156 BURBANI< FOOThILL RANCK, CA, 92610 T. 949.916.3800 F. 949,9163805 v,cVc-tNc.NEr EXHIBIT "8" PARTIAL VACATION OF BUENA VISTA BLVD LOT 146 LEGAL DESCRIPTION THE LAND REFERREO TO HEREIN 6 SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANCE, STATE OF CALIFORNIAI AND (5 DESCRIBED AS FOLLOWS: PARCEL 1: LOT 146 OF THE SIJBDMSION OF BLOC}< A'OF EAST NEWPORT, AS SHOWN ON A MAP RECORDED N BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF ORANCE COIJNTY, CALIFORN(A; TOGETHER WITH THAT POR11ON OF BUENA VISTA BOULEVARD L'r1NG BETWEEN THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT 146. RESER1NG 1HEREFROM THE SOUTHEASTERLY 10.00 FEET OF SAID BUENA VISTA BOULEVARD, AS AN EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH FOR NON -VEHICULAR PUBLJC ACCESS AND SIOEWALK MAINTENANCE PURPOSES. PARCEL 2: BEGINNING AT 11-iE POINT OF INTERSECTI0N OF THE NORTI-IWESTERLY LINE OF BUENA V1STA BOULEVARD W1Th THE NORTHWESTERLY PROLONGA11ON OF THE NORTHEASTERLY LINE OF LOT 146 OF THE "SUBDF1SI0N OF BLOCK A" OF EAST NEWPORT, AS BOTH SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF BUENA V1STA BOULEVARD TO ITS INTERSEC110N Wilil THE NORTHWESTERLY PROLONGA11ON OF THE SOUTHWESTERLY LINE OF SAID LOT 146; THENCE NORTHWESTERLY ALONG THE LAST MEN11ONED PROLONCATION TO THE LINE OF ORDINARY HIGH TIDE OF THE 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 CER11F1ED COPY OF WHICH WAS RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95 OF OFFDCIAL RECORDS OF SAJD ORANGE COUNTY; 11-IENCE NORTHEASTERLY ALONG THE SAID TIDE LINE TO THE INTERSEC110N 'MllI SAID NORTHWESTERLY PROLONGA110N OF THE NORTHEASTERLY LINE OF SAID LOT 146; THENCE SOU1HEASTERLY ALONG SAID PROLONGATION TO THE POINT OF BEGINNING. \ S - 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 CONSIJLTING, INC. CIVIL ENGINEERING LAND PLANNtNG & SURVEVING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949.91&3800 F. 9499163805 WWW.CVC-INC.NET EXHIBIT "C" LOT 146 350 Buera Vista Blvd. Page 1 0f4 350 Bueha Vista Blvd. Page 2 of 4 350 BuenaVista Blvd. Page 3 of 4 356 Bueha Vista Bivd. Page 4 of 4 References: A. TaU Wall: 47" 6. PlanterWali: 12.5" C. Steps: 17" D. Rose Bushes: 38' E. Shrubs: 62" - Required to be trimmed arid maintairied to a maximum height of 42" above sidewaik grade. F. inside Planter Wall: 24.5" G. Fountain: 70.5" H. Talt Shrub: 87.5' - Required to be trimmed and maintained to a maximum heightof42" above sidewaik grade. 1. Gate: 52" J. Slatel Granite Carriage Waik: 2" K. State/ Granite Pitaster: 37.5" L. Slate/ Granite Pilaster: 36" M. Private Property Sign: 97" - Required to be removed from pubtic right ofway N. Shrub: 107" - Required to be trimmed and maintained to a maximum height of 42" above sidewaik grade. 0. Slate/ Granite Watt: 13.5" P. Slate/ Granite WaU: 12" APPR�VZD AS TO FORM r City Attorney li i