HomeMy WebLinkAboutCC Res 7453 2023-09-25 RESOLUTION 7453
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING
THE TERMINATION OF DEED RESTRICTION AND COVENANT FOR
THE PROPERTY LOCATED AT 405 OPAL COVE WAY
WHEREAS, the City of Seal Beach approved Variance 2-88 on April 4, 1988, which
allowed the property located at 405 Opal Cove Way (Property) to exceed the lot coverage
development standard established by the Zoning Code with conditions; and,
WHEREAS, a Deed Restriction and Covenant was recorded on the Property identified as
Document 89-197295 in the Orange County Official Records (the "Covenant") requiring
the Owner to remove "a sufficient amount of square footage from the room addition that
was the subject of a Variance 2-88 at the time the Subject Property is offered for sale,
rent or lease, and prior to the completion of such sale, rent, or lease, to bring the property
into conformity with the lot coverage requirements for the residential low density district
set forth in the City Zoning Ordinance at such time."; and,
WHEREAS, the Property owner wishes to sell the property and took action to satisfy the
Covenant; and,
WHEREAS, the Property passed final inspection as of August 28, 2023 for the removal
of 169 square feet of habitable space, bringing the property into conformance with the lot
coverage requirements required in the Seal Beach Municipal Code for properties located
in the RLD-9 zone; and
WHEREAS, the Covenant is no longer required pursuant to any regulatory requirement
of the City; and
WHEREAS, the Owner now desires to terminate the Restrictive Covenant, which by its
terms cannot be terminated without the written approval of the City; and
WHEREAS, the City has agreed to consent and allow termination, release, and discharge
the Restrictive Covenant.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
Section 1. The foregoing recitals are true and correct and are incorporated herein by
reference.
Section 2. Effective as of the date hereof, the Restrictive Covenant is hereby
terminated, released, and discharged in its entirety; shall be of no further
force or effect; and no longer a burden or encumbrance on title to the
Property. The parties hereby direct the Clerk of Official records, Orange
County, California, to cancel same of record.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular
meeting held on the 25th day of September, 2023 by the following vote:
AYES: Council Members: Kalmick, Landau, Moore, Steele, Sustarsic,
NOES: Council Members: None
ABSENT: Council Members: None
ABSTAIN: Council Members: None
Thomas Moore, Mayor
ATTEST: /-4SEAL br
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loria D. Har•g r, City Clerk C'��BFAZ;
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution 7453 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council at a regular meeting held on
the 25th day of September, 2023.
loria D. Harp r, City Clerk