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HomeMy WebLinkAboutLot Line Adjustment LLA1997002 - Supporting DocumentsCOMMU NITY DEVELOPMENT DEPARTME NT :DEVELOPMENT REVIEW REQUEST r 0P l f44 CIC TO S C P 1 k H A H 7 d ..-b TW ETV lVujaN aFffE or s owar -belt'y; UL) zc ire X9 r xuce ros 9 PKhai Nguyen Building Da S Tree andsca ' i 0/,-, FROM: MARY BETH BROEREN Ext: 5550 MAR 2 8 19SATE: March 13, 1997 DEPARTMENT OF COMMUNITY DEVEL C X ZA PETITION(S): Lot Line Adjustment No. 97.2 REQUEST(S): To adjust flee lot line between Lot 31 and Lot B of Tract 15036. This will widen a Lot B which is a landscape lot at the entrance to the Peninsula II project. LOCATION: south of Summit Dr. at Peninsula Lane ZONE: HSSP GENERAL PLAN: RL EXISTING USE: vacant Please submit your concerns and recommended changes or conditions in writing on or before March 28, 1997. CONDITIONS OF APPROVAL: (Use attachments: or back side of sheet if necessary) RESPONSE BY:( Attachments: 1. Maps 2. Narrative DEVREVRQ.DOC Extension Mail recorded copies to: CITY OF HUNTINGTON BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT 2000 Main Street Huntington Beach, CA 92648 14 0 above reserved for County Recorder's use CITY OF HUNTINGTON BEACH Lot Line Adjustment LL HUNTINGTON BEACH RECORD OWNERS: NAME: ADDRESS: PAR RL 1 PAR EL 2 Lennar Hanes of California, Inc. .Lenny Homes of California, Inc. 27432 Calle Arroyo 27432 Calle Arroyo San Juan Capistrano, CA 92575 San Juan Capistrano, CA92675 _DAYTi E PHONE: (714) 488-8835 714 48"-88 (I/We) hereby certify that: 1) (I/am/We are) the record owner(s) of all parcels proposed for adjustment by this application: 2) (I/We) have knowledge of and consent to the filing of this application: and 3) The information submitted in connection with this application is true and correct: PAR EL l AR EL 2 WITNESS my hand and official seal. DEE BAKER .Commisslori # IM6001 Notary Public- Catfomb Orange County Si nature ALL-PURPOSE ACKNOWLEDGMENT State of County of -o )) CAPACITY CLAIMED BY SIGNER INDMDUAL (S) SIGHIHa FOR ONESELFm4EMSELVES CORPORATE OFFICER(S) On'rc IA before me, P -c1__ (name, t of officer), personally appeared J Rp .s Ltd I © PARTNER(S) personally known to me - OR - 0 e i-d a to be the person®whose names 1e re subscribed to the within I ATTORNEY-CTIHF-Ainstrument and acknowledged to me that fie? e they executed the same in H57t-4efr their uthorized capacity(ies), and that by their signatureUs , on the1 TRusTEEE(S) instrument the perso y, or the entity upon behalf of which the persorgss acted, executed the instrument OTHER My Comm. Expires Apr 19, 2000 TITLE(S) PARTNERSHIP PRINCIPAL(S) TRUST TITLE(S) 81-0236-S Rev. 1 CITY OF HUNTINGTON BEACH Lot Line Adjustment CONTACT PERSON: ADDRESS: DAYTIME PHONE:. L L David Bacon Walden & Associates 18012 Cowan Street, Suite 210 Irvine, CA 92614 (714) 660-0110, THIS DOCUMENT CONSISTING OF 13 PAGES WAS PREPARED BY ME OR UNDER MY DIRECTION. L.S.:3317 MY REGISTRATION/LICENSEEXPIRES cOa EXAMINED AND APPROVED By: Robert E. EichbIatt; R.C.E. 20921 City Engineer My Registration/License expires 9/30/97 DATED THIS DAY OF 9 i DATE FILED ZONE ZONING ADMINISTRATOR ACTION Date: CIT i OF HUNTINGTON uEACH LOT LINE ADJUSTMENT LL OWNERS LEGAL DESCRIPTION EXISTING PARCELS PROPOSED PARCELS AP NUMBER REFERENCE NUMBER LENNAR HOMES OP CALIFORNIA 110-232-02 PARCEL I LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 2 PARCEL 2 LOT "B" OF OF TRACT NO. 15036, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 740, PAGES 41 THROUGH 44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, TOGETHER WITH THE FOLLOWING DESCRIBED LAND: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 31, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NIORTH 00°16'34" EAST 21.22 FEET" FOR A PORTION OF THE EAST LINE OF SAID LOT 31; THENCE ALONG SAID EAST LINE SOUTH 00°16'34" WEST 21.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EAST, HAVING A RADIUS OF 993.00 FEET; THENCE CONTINUWG ALONG SAID EAST LINE AND SAID CURVE SOUTHERLY 62.08 FEET THROUGH A CENTRAL ANGLE OF 03°34'55 TO A POINT ON SAID CURVE, TO WHICH A RADIAL LINE BEARS SOUTH 86°41'39" WEST; THENCE LEAVING SAID EAST LINE NORTH 03°18'21" WEST 87.88 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAD LOT 31; THENCE SOUTH 38°20'00" EAST 5,69 FEET TO THE POINT OF BEGINNING; CONTAINING AN AREA OF 0.458 ACRES, MORE OR LESS. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND MADE APART HEREOF. SHEET 2 OF 2 CIT } OF HUNTINGTON .L.E.ACH LOT LINE ADJUSTMENT LL _ OWNERS LEGAL DESCRIPTION EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 1 LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 2 PARCEL LOT 31 OF TRACT NO. 15036, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 740, PAGES 41 THROUGI-I44, INCLUSIVE, OF MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY, EXCEPTING THEREFROM THE FOLLOWING DESCRIBED LAND; BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 31, SAID POINT BEING THE NORTHERLY TERMINUS OF THAT CERTAIN COURSE SHOWN AS "NORTH 00°16'34" EAST 21.22 FEET" FOR APORTION OF THE EAST LINE OF SAID LOT 31; THENCE ALONG SAID EAST LINE SOUTH 00°16'34" WEST 21.22 FEET TO THE BEGINNING OF A TANGENT CURVE, CONCAVE EAST, HAVING A RADIUS OF 993.00 FEET; THENCE CONTINUING "LONG SAID EAST LINE AND SAID CURVE SOI THEEItLY 62.08 FEET THROUGH A CENTRAL ANGLE OF 03°34'55" TO A POINT ON SAID CURVE, TO WHICH A RADIAL LINE BEARS SOUTH 86°41'39" WEST; THENCE LF +VING SAID EAST LINE NORTH 03°18'21" WEST 87.88 FEET TO A POINT ON THE NC: .THEASTERLY LINE OF SAID LOT 31; THENCE SOUTH 38°20'00" EAST 5.69 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 0.239 ACRES, MORE OR LESS. SHEET I OF 2 5'1E T 3OF4P,'kn 1 or TCNTAfl ( IFACT NO, 14700 Aa kCF- &417A- 3a NLttOCNCD tOTS ANO 5 t.TIFRED LOTSOATStx S1A4E1: OCTCOER. 1994 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE SEE 9 4 2 NUR 8 OF W-4%W Nl)MAOT NOTES AND t ? 4L J-0093 tnt'A' 6 FM PTIVE STPJ i )RAY6CS LM C. '7 AND 'E' MS !L1 GT4 S9TE PJWa= AM 4 I4T SBMM,C pAI O STM OI 1(1(y{I6 A tT f ,e,.T Wt UYQ501FE TRACT NO. 15036 rCJ• PIIQSCS AMS0 IOEIDL m BE ^ mom P" .SC ow r OOG7.tlNT, 'L S A•J•' -I.C .•. `J IOCAILS A S PL .C UTUTT 0.YN tT MrATTD !O p \O -k :'A`1/\\\r, ! o (S'' TO 11E OTT OF MAII ,f:'IOM •QE N[7NOV. ..in\7,. N,0 ALL Or X"O a"r) 91NL BE D NC \a .4'r ,1reJ0 RUICLMM M (NE OTT Or NAe 1)C7O(MACK '°OYID oJtraa - J ' e - •'- of elf EDWARDS S7REF T 1,5034rJ,.v..IRnvrlJe, QS f assort 0KR nc PnurE ST115. •pe. :? ,,74O' 2 35 -'?J•S •A,, f\in.MAN SW IFiC FOR M = *0 ,97E LiffHRItE,D ALLIISST PJrOSS DaND m 7O RE OTT W "Tocrw Mot --r--t 1•{.v'JOO7 ••5t litSEESbEET 4 Fr MME r.&LE -..I o't e• cJ C/ _`il /t r a M03 PV ny @RN /. is GaAs a SFF SNFFT am DPW" LSOWQKam U N p051'or c .45• u N 87M a Sum u S 974 C X21* L4 Sa17r fast L5 N 34555 N .IIX Lo N 575! C II=,' Li 5. C 47.t• LL 5 974 C 7>i 33 32 `,s ?a 8 L?28 /l \P) ,y of ill ,/29 /_31 X41c f C N anrar( , 30 34 V , J N er0/Yr 1,'(Ca' 29 tr u N Ir3P C mx' LI9 N QIPI( C 7141' UI - S 15M LO T F'!!! /.erY+'F ,. l p'r l '` it 4'•, C,/ C ?O '' N S'T • CJI J.'r!q !I. a '\=7 flt X51 Cy C]!:'•t. I• v..24 J N ff'rx e(A)ata _ 'NSP3yt. • t• 2.5*\ ,,. .i 4" STATE. OF CALIFORNIA WALDEN & ASSOCIATES DAVID L WALDEN. R.C.E. 19402 OCTOBER. 1994 • l@OT+ 28 sg VI b7A "emu r hrr'TJ 1 Y '26 19 +/' •'v"#1 7 23 2 z 20 ,r R rjLS A` 21 $22 4„ r !!!..$$1 'y ,° 3 . 4 + f• N //Tim .It ah. 5 ra , / -v tvV sr s e.aoyr Oar ?Dar S7sr qy I r ~ °Jrrra•e N r,T ']1`p rCQdj•f 17 N r1/. I sr'18 °T 4 17 /4 i aSr t 16 cli 4 2 'Q*1c7a.+L-7o1o'tr r 7',,s°?k C54N e, QlAr X•"7777'MT p rG br j YT SEW - so-QdT N araDY C 7574?i ti h. C5 4iCr I 00z N0° 1 C)WzFtLO'9Sp t! V,3a33333dSRSoad6a6BBBBdB8B8BoCo&E6EEa54 4 106'ooRaaarae, bh~6C"-btrknaaosoaa,a2E3a;,cs'Hn7'6bE6©$E539J5958hb Ihv6b -'•g eLOTtllp4r'riY1tii \°t?1.\k4I•r-rn U>cand133y1 caI.( r'31 fd6'0j xurtogr f6 I ul Frl reifeYIer.ts(A low33Sr':Iltt_H Dti).tzum . OR-9'738142 TITLE OFFICER - OKERLUND First American Title Insurance Company 114 East Fifth Street, (P.O. Box 267) Santa Arta, California 92702 (714) 558-3211 PLC LAND COMPANY 23 CORPORATE PLAZA, P1250 NEWPORT BEACR, CALIFORNIA 9266C ATTN: GRETCHEN R. ROFDER YOUR NO. LLA TR 15036 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURIN'3 AGAINST LOSS WHICH MAY BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED.;CHEDULES, CONDITIONS AI'D STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATPP.CHED. COPIES OF TAB POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED Th1:.S REPORT. THIS REPORT (AND ANY SUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FOR THE PURPOSE OF FACILI'T'ATING THE ISSUANCE OF A POLICY OF TITLE INSURANCE AID NO LIABILITY IS ASSUMED HEREBY, IF IT IS DESIRED AT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT SHOULD BP, REQUESTED. PLEASE READ THE EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF TIES 'REPORT CAREFULLY. THE EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PRONgDF. YOU WITH 1 OTICE OF MATTERS WVHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE Tai 1SURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIi/RNARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF FT.'' BR UARY 21, 1997 AT 7I0 A.M. JANIS OKERLUND - TITLE OFFICER FAX NUMBER (714) 55O-71.95 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT IS; AELERICAN LAND TITLE ASSOCIATION OWNERS POLICY. OR-97.481,42 TITLE OFFICER - Oh aRLUND TITLE TO THE ESTATE OR INTEREST AT THE DATE 1-IEREOF IS VESTED IN: LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS , REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-1998, A LIEN NOT YET DUE OR PAYABLE. 2, THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL), AS DISCLOSED BY ASSESSMENT DIAGRAM FILED IN BOOK 45, PAGE 29 OF ASSESSMENT DISTRICT MAPS, A NOTICE OF WHICH WAS RECORDED DECEMBER 7, 1989 AS INSTRUMENT NO. 88-637474 OF OFFICIAL RECORDS. 4. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS RECORDED NOVEMBER 14, 1990 AS INSTRUMENT NO. 90-599766 OF OFFICIAL RECORDS. 5. EASEMENTS, TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS PERTAINING TO THE LAND CONTAINED IN THE DEED FROM PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, AS GRANTOR, TO PLC, A CALIFORNIA GENERAL PARTNERSHIP., AS GRANTEE, RECORDED"-".,Y 9, 1996 AS INSTRUMENT NO. 19960234581 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND NATIONAL GOLF OPERATINGPARTNERSHIP, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 19960234835 OF OFFICIAL RECORDS. 7. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: ACCESS RIGHTS FOR MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING THE WATER SYSTEM AND INCIDENTAL PURPOSES. LETTERED LOT ACALL THE PRIVATE STREETS). PAGE2. OR-9738142 TITLE OFFICER - OKERLUND 8. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 9, AN EASEMENT AS SHOWN AND DEDICATED TO THE CI1 ?'OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A, PORTION OF LOTS 1 THROUGH 38. 10. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR, POLICE AND FIRE DEPARTMENT ACCESS AND INCIDENTAL PURPOSES, OV FR: LETTERED LOT A (ALL THE PRIVATE STREETS). 11: ALL VEHICULAR ACCESS RIGHTS TO THE SOUTH SIDE OF SUMMIT DRIVE, EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION, HAVE BEEN RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. 12. THE RECITAL ON THE MAP OF SAID TRACT THAT LETTERED LOT A IS FOR PRIVATE STREET PURPOSES. 13. THE RECITAL ON THE MAP OF SAID TRACT, THAT LETTERED LOTS B, C, D AND E ARE FOR OPEN SPACE PURPOSES AND ARE NOT SEPARATE BUILDING SITES. 14. AN EASEMENT AS SHOWN AND RESERVED BY PLC ON THE MAP OF SAID TRACT TO BE GRANTED PER SEPARATE DOCUMENT. FOR: LANDSCAPE AND INCIDENTAL PURPOSES. OVER: A PORTION OF LETTERED LOT B. 15. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTOR, TO LENNAR HOMES, OF CALIFORNIA, INC,, A CALIFORNIA CORPORATION, AS GRANTEE, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610528 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 16. DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610529 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT; CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, . FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. 17. A DEED OF TRUST FOR THE PURPOSE, OF SECURING THE PERFORMANCE AS SET FORTH THEREIN, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960510530 OF OFFICIAL RECORDS. DATED: DECEMBER 3, 1996. TRUSTOR: LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION. 'TRUSTEE: FIRST AMERICANTITLE INSURANCE COMPANY. BENEFICIARY: PLC, A CALIFORNIA GENERAL PARTNERSHIP. PAGE 3 OR-9738142 TITLE OFFICER - OKERLUND 18. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OPTION AGREEMENT AND ESCROW INSTRUCTIONS", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610531 OF OFFICIAL RECORDS. 19. UNRECORDED EASEMENTS AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. 20. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 10, 1996 AS INSTRUMENT NO. 19960623721 OF OF: ICIAL RECORDS, IN FAVOR OF: GTE CALIFORNIA INCORPORATED, A CORPORATION. FOR: UNDERGROUND CONDI .111 MANHOLES, PEDESTALS, CABLES, WIRES, AND APPURTENANCES FOR THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 1 TO 38 AND A PORTION OF LETTERED LOTS A TO E. 21. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED JANUARY 3, 1997 AS INSTRUMENT NO. 19970002774 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP; FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. NOTE 1: AN INSTRUMENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA (COMMON AREA)" WAS RECORDED FEBRUARY 7, 1997 AS INSTRUMENT NO. 19970060970 OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO BE EFFECTIVE AND APPLY TO AND BE BINDING UPON LETTERED LOT B. NOTE 2: AFFECTS LOTS 1, 2, 3, 19 THROUGH 26, 36, 37 AND 38. PAGE 4 OR-9738142 TITLE OFFICER - OY,ERLUND DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS; LOTS 1 TO 38, INCLUSIVE AND LETTERED LOTS A TO E, INCLUSIVE OF TRACT NO. 15036, AS SHOWN ON A MAP FILED IN BOOK 740 PAGES 41 TO 44 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM, ALLOIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, AND FURTHER EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME TO TIME TO DRILL AND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH SAID PROPERTY AND THE ADJOINING STREETS, ROADS OR HIGHWAYS BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS,, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING THE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS. THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR RESERVE ANY RIGHT TO THE SURFACE OF THE PROPERTY OR THE FIRST 500 FEET BELOW THE SURFACE OF THE PROPERTY OR TO CONDUCT ANY OPERATIONS THEREON OR THEREIN, AS RESERVED IN THE ,DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1990 AS INSTRUMENT NO. 90-577992, BOTH OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, ANY AND ALL, WATER RIGHTS OR INTERESTS THEREIN, TOGETHER WITH.THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR IN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE PROPERTY OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPROPRIATIVE, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL; BUT WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RIGHTS OR UPON THE UPPER THIRTY (30) FEET OF THE SUESURFACE OF THE PROPERTY, AND ALSO WITHOUT ANY RIGHTS TO ENTER UPON THE SUBSURFACE THEREUNDER IN SUCH MANNER AS TO MATERIALLY IMPAIR THE SUPPORT OR STABILITY OF ANY STRUCTURES OR IMPROVEMENTS FROM TIME TO TIME LOCATED ON THE PROPERTY, AS RESERVED IN THE DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 195'0 AS INSTRUMENTS NO. 90-577992 OF OFFICIAL RECORDS. PAGE 5 OR-9738142 TITLE OFFICER - OKERLUND WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A SURVEY OF THE LAND DEPICTED THEREON. YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTTER THAN ORIENTATION TO THE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIPYLS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP". FLP PLATS (CC&R'S, IF ANA`) ENCLOSED. OR-9738142 TITLE OFFICER - OKERLUND NOTICE SECTION 12413.1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRES THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME .DAY AS DEPOSIT, IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDSMAYBE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE, IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. # i s # ; 7 # 3 # 3 # # # NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUALTO THREE AND ONE-THIRD PERCENT OFTHESALES PRICE INTHE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: I. A SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BU ER MAY BECOME SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: 1. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), OR 2, THE SELLER. EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFYING THAT THE SELLER IS A RESIDENT OF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3. THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE). THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT, THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ONA CASE-BY-CASE BASIS, THE PARTIES TO THIS TRAN" ACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALIST'S OPINION CONC- •NING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS IvIADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER. PAGE 7, uTY OF HUNTINGTON BLACH LOT UNE ADJUSTMENT LL - OWNERS MAP EXISTING PARCELS AP NUMBER' PROPOSED PARCELS REFERENCE NUMBER LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL I LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 2 LINE TAL3LF NUMBERDIRECTION 015TANCE LI N 0.7'4555" E 108.36' L2 N 0834'45° W 11012' L3 5 0410510' E 103.80' L4 5 113814` E 25.45' L5 5 09'4350' W 2424' LG N 052426' W 132.98' L7 5 072634" E 43.38' L8 H 1021'04' E 152.62' L9 N 03`5347' W 104.33' L1O N 12'34 29" E 017.65' L11 N 34'0450" E 10850' L12 N 6'41856' W(R)27.42' L13 N 200927" E(R)15.00' L14 5 007634' W 69.08 L15 S 007634' W 2122' CURVE TABLE NUMBERDELTA RADIUS Cl 201120'346.00 C2 2071.20'331.00 03 033455'493.00 C4 00'4649'4933.00 C5 '0'182T 28.00 C7 0421.44"988.00 C8 07'33Z)4'107.00 C9 212205"93.00 G10 177024°107.00 LENGTH 121.q2 116.63 62.08 1352 4413 7522 1410 34.68 32.07 SHEET 4 OF 4 .(Y OF HUNTINGTON BErCH LOT LINE ADJUSTMENT LL . OWNERS MAP EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 1 LENNAR HOMES OF, CALIFORNIA 110-232-02 PARCEL 2 SEE SHEET 4 FOR CURVE AND LINE DATA N 20'09'27' b 390344" R = 66.00' L=45.00' I ^'rLt! I Pa. N 8447'33' E 5 8G'4139'_W(z) 1320' LEGEND: ------EXISTING LOT LINES - - -EXISTING LOT LINE TO BE DELETED PROP05ED LOT LINE 55 "IT -DRIVE N 8958W E 25.42'Ic1 f'ARCfl2 (Y OF HUNTINGTON BECH LOT LINE ADJUSTMENT LL'' .'--- OWNERS (MAP EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER LENNAR HOMES OF CALIFORNIA 110-232 -02 PARCEL I LENNAR HOMES OF CALIFORNIA 110-232-02 PARCEL 2 c iTY OF HUNTINGTON BEACH LOT LiNE ADJ1 S TENT LL MAP OWNERS LENNAR HOMES OF CALIFORNIA LENNAR ItOMES OF CALIFORNIA EXISTING PARCELS AP NUMBER 110-232-02 10 232-02110-232-02- 5EE SHEET 2 23 V 21 17 16 15 A, r .c -PARCEL 2 '^,:•14 ..._ e dC 22 A53 20 13 PROPOSED PARCELSPROPOSED REFERENCE NUMBER PARCEL I PARCEL 2 16 15 i r1 ,,_,t r tJ 10 awl SCALE: 1"=SO'. i SHEET 3 OF 4 COMMUNITY DEVELOPMENTDEPARTMENT' DEVELOPMENT REVIEWREQUEST MAR1 81997 TO: Bruce Crosby, Public Works Khanh Nguyen, Building Howard Hubert, Fire G Daryl Smith, Park, Tree & Landscape FROM: MARY BETH BROEREN Ext: 5550 PC x ZA PETITION(S): Lot Line Adjustment No. 97-2 REQUEST(S): To adjust the lot line between Lot 31 and Lot B of Tract 15036. This will widen a Lot B which is a landscape lot at the entrance to the Peninsula II project. Please submit your concerns and recommended changes 'or conditions in writing on or before March 28, 1997. LOCATION: south of Summit Dr. at Peninsula Lane ZONE: HSSP GENERAL PLAN: RL EXISTING USE: vacant CONDITIONS OF APPROVAL: (Use attachments or back side of sheet if necessary) ,BSc, z/ D PARTMENT OF NITY DEVELOPMENT DATE: March 13, 1997 , ell RESPONSE BY: .% Extension6?: DEVREVRQ,DOG 1. Maps 2. Narrative COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQUEST TO: Bruce Crosby, Public Works Howard Hubert, Fire Khanh Nguyen, Building Daryl Smith, Park, Tree & Landscape FROM: MARY BETH BROEREN Ext: 5550 DATE: March 13. 1997 .PETITION(S): Lot Line Adjustment No. 97-2 PC X ZA REQUEST (S): To adjust the lot line between Lot 31 and Lot B of Tract 15036. This will widen a Lot B which is a landscape lot at the entrance to the Peninsula II project, LOCATION: south of Summit Dr. at Peninsula Lane GENERAL PLAN: RL Please submit your concerns and recommended changes or conditions in writing on or before March 28, 1997. EXISTING USE: vacant ZONE: HSSP CONDITIONS OF APPR OVAL: (Use attachments or back sk of sheet if necessary). RESPONSE BY: Attachments: 1. Maps 2. Narrative DEVREVRQ.DOC COMMUNITY DEVFI OPMFNT f FPAPTMF,. , Khanh Nguyen, Building Daryl Smith, Park, Tree & Landscape -or DEVELOPMENT REVIE W REQUE :J u TO: Bruce Crosby, Public Works Howard Hubert, Fire FROM: MARY BETH BROEREN Ext: 5550 DATE: March 13, 1997 PC X ZA PETITION(S): Lot Line Adjustment No. 97-2 REQUEST(S): To adjust the lot line between Lot 31 and Lot B of Tract 15036. This will widen a Lot B which is a landscape lot at the entrance to the Peninsula II project. LOCATION: south of Summit Dr. at Peninsula Lane ZONE: HSSP GENERAL PLAN: RL EXISTING USE: vacant Please submit your concerns and recommended changes or conditions in writing an or before March 28, 1997. CONDITIONS OF APPROVAL:. (Use attachments or back side of sheet if necessary) RESPONSE BY•iW. Attachments: 1. Maps 2, Narrative OEVREVRO.DOC COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW REQ UEST TO: Bruce Crosby, Public W- irks Howard Hubert, Fire Khanh Nguyen, Building Daryl Smith, Park, Tree & Landscape FROM: MARY BETH BROEREN Ext: 5550 DATE: March 13, 1997 PC X ZA PETITION(S): Lot Line Adjustment No. 97-2 REQUEST(S): To adjust the lot line between Lot 31 and Lot B of Tract 15036. This will widen a Lot B which is a landscape lot at the entrance to the Peninsula II project. LOCATION: south of Summit Dr. at Peninsula Lane ZONE: HSSP GENERAL PLAN: RL EXISTING USE: vacant Please submit your concerns and recommended changes or conditions in writing on or before March 28, 1997. CONDITIONS OF APPRO VAL: (Use attachments or back side of sheetif necessary) RESPONSE BY Attachments: 1, Maps 2. Narrative 0EVREVRQ.000 Extension OR-9738.142 TITLE OFFICER - OKERLUND First American Title Insurance Company 114 East Fifth Street, (P.O. Box 267) Santa Ana, California 92702 (714) 558-3211 PLC LAND COMPANY 23 CORPORATE PLAZA, #250 NEWPORT BEACH, CALIFORNIA 92660 ATTN: GRETCHEN R. ROEDER YOUR NO. LLA TR 15036 IN RESPONSE TO THE ABOVE REFERENCED APPLICATION FOR A POLICY OF TITLE INSURANCE, THIS COMPANY HEREBY REPORTS THAT IT IS PREPARED TO ISSUE, OR CAUSE TO BE ISSUED, AS OF THE DATE HEREOF, A POLICY OR POLICIES OF TITLE INSURANCE DESCRIBING THE LAND AND THE ESTATE OR INTEREST THEREIN HEREINAFTER SET FORTH, INSURING AGAINST LOSS WHICH MAY.BE SUSTAINED BY REASON OF ANY DEFECT, LIEN OR ENCUMBRANCE NOT SHOWN OR REFERRED TO AS AN EXCEPTION BELOW OR NOT EXCLUDED FROM COVERAGE PURSUANT TO THE PRINTED SCHEDULES, CONDITIONS AND STIPULATIONS OF THE POLICY FORMS. THE PRINTED EXCEPTIONS AND EXCLUSIONS FROM THE COVERAGE OF THE POLICY OR POLICIES ARE SET FORTH IN EXHIBIT A ATTACHED. COPIES OF THE POLICY FORMS SHOULD BE READ. THEY ARE AVAILABLE FROM THE OFFICE WHICH ISSUED THIS P.EPORT. THIS REPORTzAND ANYSUPPLEMENTS OR AMENDMENTS HERETO) IS ISSUED SOLELY FORTHEPURPOSEOF FACILITATING THEISSUANCE. OF A POLICY OF TITLE INSURANCE AND NO LIABILITY IS ASSUMED HEREBY, IF IT IS DESIRED THAT LIABILITY BE ASSUMED PRIOR TO THE ISSUANCE OF A POLICY OF TITLE INSURANCE, A BINDER OR COMMITMENT: SHOULD BE REQUESTED. PLEASE READ THE. EXCEPTIONS SHOWN OR REFERRED TO BELOW AND THE EXCEPTIONS AND EXCLUSIONS SET FORTH IN EXHIBIT A OF THIS REPORT CAREFULLY, TIME EXCEPTIONS AND EXCLUSIONS ARE MEANT TO PROVIDE YOU WITH NOTICE OF MATTERS WHICH ARE NOT COVERED UNDER THE TERMS OF THE TITLE INSURANCE POLICY AND SHOULD BE CAREFULLY CONSIDERED. IT IS IMPORTANT TO NOTE THAT THIS PRELIMINARY REPORT IS NOT A WRITTEN REPRESENTATION AS TO THE CONDITION OF TITLE AND MAY NOT LIST ALL LIENS, DEFECTS, AND ENCUMBRANCES AFFECTING TITLE TO THE LAND. DATED AS OF , + BRUARY 21, 1997 AT 7:30A.M. BY JANIS OKERLUND - TITLE OFFICER, FAX NUMBER -(714) 550-7195 THE FORM OF POLICY OF TITLE INSURANCE CONTEMPLATED BY THIS REPORT iS: AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY. I' PAGE 1. OR-9738142 TITLE OFFICER - OKERLUND TITLE TO THE ESTATE OR INTEREST AT TH3 DATE HEREOF IS VESTED IN, LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A FEE. AT THE DATE HEREOF EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN THE POLICY FORM WOULD BE AS FOLLOWS: 1. GENERAL AND SPECIAL TAXES FOR THE FISCAL YEAR 1997-1998, A LIEN NOT YET DUE OR PAYABLE. 2. THE LIEN OF SUPPLEMENTAL TAXES ASSESSED PURSUANT TO CHAPTER 3.5 COMMENCING WITH SECTION 75 OF THE CALIFORNIA REVENUE AND TAXATION CODE. 3. THE FACT THAT SAID LAND LIES WITHIN THE BOUNDARIES OF ASSESSMENT DISTRICT 88-1 (RESERVOIR HILL),.AS DISCLOSED BY ASSESSMENT DI,"AGRAM FILED IN BOOK 45, PAGE 29 OF ASSESSMENT DISTRICT MAPS, A NOTICE OF WHICH WAS RECORDED DECEMBER 7, 1988 AS INSTRUMENT NO. 88-637474 OF OFFICIAL RECORDS; 4. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "DEVELOPMENT AGREEMENT", EXECUTED BY AND BETWEEN THE CITY OF HUNTINGTONBEACH AND PACIFIC COAST HOMESAND GARFIELD PARTNERS RECORDED NOVEMBER 14, 1990 AS INSTRUMENT NO. 90-599766 OF OFFICIAL RECORDS. 5. EASEMENTS, TERMS, COVENANTS, CONDITIONS AND OTHER MATTERS PERTAINING TO THE LAND CONTAINED IN THE DEED FROM PACIFIC COAST HOMES, A CALIFORNIA CORPORATION, AS GRANTOR, TO PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTEE, RECORDED MAY 9, 1996 AS INSTRUMENT NO. 19960234581 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 6. THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "RECIPROCAL EASEMENT AGREEMENT", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND NATIONAL GOLF OPERATING PARTNERSHIP, RECORDED MAY 9,1996 AS INSTRUMENT NO. 19960234835 OF OFFICIAL RECORDS. 7. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT: FOR: ACCESS RIGHTS FOR MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING THE WATER SYSTEM AND INCIDENTAL PURPOSES. OVER: LETTERED LOT A (ALL THE'PRIVATE STREETS). OR-9738142 TITLE OFFICER - OKERLUND 8. THE DEDICATION TO THE CITY OF HUNTINGTON BEACH OF THE DOMESTIC WATER SYSTEM AND APPURTENANCES AS SHOWN ON THE IMPROVEMENT PLANS FOR SAID TRACT. 9- AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: PUBLIC UTILITIES AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 1 THROUGH 38. 10. AN EASEMENT AS SHOWN AND DEDICATED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. FOR: POLICE AND FIRE DEPARTMENT ACCESS AND INCIDENTAL PURPOSES. OVER: LETTERED LOT A (ALL THE PRIVATE STREETS). 11. ALL VEHICULAR ACCESS RIGHTS TO THE SOUTH SIDE OF SUMMIT DRIVE, EXCEPT AT LOCATIONS APPROVED BY THE PLANNING COMMISSION, HAVE BEEN RELEASED AND RELINQUISHED TO THE CITY OF HUNTINGTON BEACH ON THE MAP OF SAID TRACT. 12. THE RECITAL ON THE MAP OF SAID TRACT THAT LETTERED LOT A IS FOR PRIVATE STREET PURPOSES. 13, THE RECITAL ON THE MAP OF SAID TRACT THAT LETTERED LOTS B, C, D AND E ARE FOR OPEN SPACE PURPOSES AND ARE NOT SEPARATE BUILDING SITES. 14. AN EASEMENT AS SHOWN AND RESERVED BY PLC ON THE MAP OF SAID TRACT TO BE GRANTED PER SEPARATE DOCUMENT. FOR: LANDSCAPE AND INCIDENTAL PURPOSES, OVER: A PORTION OF LETTERED LOT B. 15. EASEMENTS, COVENANTS AND CONDITIONS CONTAINED IN THE DEED FROM PLC, A CALIFORNIA GENERAL PARTNERSHIP, AS GRANTOR, TO LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, AS GRANTEE, RECORDED DECEMBER 3, 1.996 AS INSTRUMENT NO. 19960610528 OF OFFICIAL RECORDS. REFERENCE BEING MADE TO SAID DOCUMENT FOR FULL PARTICULARS. 16, DECLARATION OF DEVELOPMENT COVENANTS, CONDITIONS AND RESTRICTIONS IN AN INSTRUMENT RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610529 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. 17. A DEED OF TRUST FOR THE PURPOSE OF SECURING THE PERFORMANCE AS SET FORTH THEREIN, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO, 19960610530 OF OFFICIAL RECORDS. DATED: DECEMBER 3, 1996. TRUSTOR; LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION. TRUSTEE: FIRST AMERICAN TITLE INSURANCE, COMPANY, BENEFICIARY: PLC, A CALIFORNIA GENERAL PARTNERSHIP. OR-9738142 TITLE OFFICER - OKERLUND 18, THE TERMS, PROVISIONS AND CONDITIONS CONTAINED IN A DOCUMENT ENTITLED "MEMORANDUM OF OPTION AGREEMENT AND ESCROW INSTRUCTIONS", EXECUTED BY AND BETWEEN PLC, A CALIFORNIA GENERAL PARTNERSHIP AND LENNAR HOMES OF CALIFORNIA, INC., A CALIFORNIA CORPORATION, RECORDED DECEMBER 3, 1996 AS INSTRUMENT NO. 19960610531 OF OFFICIAL RECORDS. 19. UNRECORDED EASEMENTS AND ENCROACHMENTS WHICH AN ACCURATE AND COMPLETE SURVEY WOULD DISCLOSE. 20. AN EASEMENT AS SET FORTH IN AN INSTRUMENT RECORDED DECEMBER 10, 1996 AS INSTRUMENT NO. 19960623721 OF OFFICIAL RECORDS, IN FAVOR OF: GTE CALIFORNIA INCORPORATED, A CORPORATION. FOR: UNDERGROUND CONDUITS, MANHOLES, PEDESTALS, CABLES, WIRES, AND APPURTENANCES FOR THE TRANSMISSION OF ELECTRIC ENERGY FOR COMMUNICATION AND INCIDENTAL PURPOSES. OVER: A PORTION OF LOTS 1 TO 38 AND A PORTION OF LETTERED LOTS A TO E. 21. LIMITATIONS, COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS, EXCEPTIONS, TERMS, ASSESSMENTS, LIENS AND CHARGES IN AN INSTRUMENT RECORDED JANUARY 3, 1997 AS INSTRUMENT NO. 19970002774 OF OFFICIAL RECORDS, WHICH PROVIDE THAT A VIOLATION THEREOF SHALL, NOT DEFEAT OR RENDER INVALID THE LIEN OF ANY FIRST MORTGAGE OR DEED OF TRUST MADE IN GOOD FAITH AND FOR VALUE, BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILIAL STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(c), OF THE UNITED STATES CODES. NOTE 1: AN INSTRG"GENT ENTITLED "DECLARATION OF ANNEXATION AND AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR THE PENINSULA (COMMON AREA)" WAS RECORDED FEBRUARY 7, 1997 AS INSTRUMENT NO. 19970060970, OF OFFICIAL RECORDS, DECLARING THE ABOVE MENTIONED COVENANTS, CONDITIONS AND RESTRICTIONS TO BE EFFECTIVE AND APPLY TO AND BE BINDING UPON LETTERED LOT B. NOTE 2: AFFECTS LOTS 1, 2, 3, 19 THROUGH 26, 36, 37 AND 3& OR-9738142 TITLE OFFICER - OKERLUND DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITI.IATFD IN THE STATE OF CALIFORNIA, COUNTY OF, ORANGE, CITY OF HUNTINGTON BEACH, AND IS DESCRIBED AS FOLLOWS: LOTS 1 TO 38, INCLUSIVE AND LETTERED LOTS A TO E, INCLUSIVE OF TRACT NO. 15036, AS SHOWN ON A MAP FILED IN BOOK 740 PAGES 41 TO 44 INCLUSIVE OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. EXCEPTING THEREFROM, ALL OIL, GAS AND OTHER HYDROCARBONS, GEOTHERMAL RESOURCES AND ,ALL OTHER MINERALS, WHETHER SIMILAR TO THOSE HEREIN SPECIFIED OR NOT, WITHIN OR THAT MAY BE PRODUCED FROM SAID PROPERTY, AND FURTHER EXCEPTING THE SOLE AND EXCLUSIVE RIGHT FROM TIME, TO TIME TO DRILLAND MAINTAIN WELLS OR OTHER WORKS INTO OR THROUGH SAID PROPERTY AND THE ADJOINING STREETS, ROADS OR HIGHWAYS BELOW A DEPTH OF 500 FEET AND TO PRODUCE, INJECT, STORE AND REMOVE FROM AND THROUGH SUCH WELLS OR WORKS, OIL, GAS, WATER AND OTHER SUBSTANCES OF WHATEVER NATURE, INCLUDING TEE RIGHT TO PERFORM BELOW SAID DEPTH ANY AND ALL OPERATIONS DEEMED NECESSARY OR CONVENIENT FOR THE EXERCISE OF SUCH RIGHTS. THE RIGHTS HEREINABOVE EXCEPTED AND RESERVED DO NOT INCLUDE AND DO NOT EXCEPT OR RESERVE ANY RIGHT TO THE SURFACE OF THE PROPERTY OR THE FIRST 500 FEET BELOW TIE SURFACE OF THE PROPERTY OR TO CONDUCT ANY OPERATIONS THEREON OR THEREIN, AS RESERVED IN THE DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1990 AS INSTRUMENT NO, 90-577992, BOTH OF OFFICIAL RECORDS, ALSO EXCEPTING THEREFROM, ANY AND ALL WATER RIGHTS OR INTERESTS THEREIN, TOGETHER WITH THE RIGHT TO GRANT AND TRANSFER ALL OR A PORTION OF THE SAME, NO MATTER HOW ACQUIRED BY GRANTOR, AND OWNED OR USED BY GRANTOR iN CONNECTION WITH OR WITH RESPECT TO THE PROPERTY TOGETHER WITH THE RIGHT AND POWER TO EXPLORE, DRILL, REDRILL, REMOVE AND STORE THE SAME FROM THE PROPERTY OR TO DIVERT OR OTHERWISE UTILIZE SUCH WATER, RIGHTS OR INTERESTS ON ANY OTHER PROPERTY, WHETHER SUCH WATER RIGHTS SHALL BE RIPARIAN, OVERLYING, APPI&OPRIATIVF, LITTORAL, PERCOLATING, PRESCRIPTIVE, ADJUDICATED, STATUTORY OR CONTRACTUAL, BUT WITHOUT, HOWEVEP, ANY RIGHT TO ENTER UPON THE SURFACE OF THE PROPERTY IN THE EXERCISE OF SUCH RIGHTS OR UPON THE UPPER THIRTY (30) FEET OF THE SUBSURFACE OF THE PROPERTY, AND ALSO WITHOUT ANY RIGHTS TO ENTER UPON THE SUBSURFACE THERE'JNDERIN SUCH MANNER AS TO MATERIALLY IMPAIR THE SUPPORT OR STABILITY OF ANY STRUCTURES OR IMPROVEMENTS FROM TIME TO TIME LOCATED ON THE PROPERTY, AS RESERVED IN THE DEED FROM HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION, RECORDED OCTOBER 31, 1990 AS INSTRUMENT NO. 90-577992 OF OFFICIAL RECORDS. PAGES M OR-9738142 TITLE OFFICER - OKERLUND WARNING "THE MAP ATTACHED HERETO MAY OR MAY NOT BE A. SURVEY OF THE LAND DEPICTED THEREON, YOU SHOULD NOT RELY UPON IT FOR ANY PURPOSE OTHER THAN ORIENTATION TO TIE GENERAL LOCATION OF THE PARCEL OR PARCELS DEPICTED. FIRST AMERICAN EXPRESSLY DISCLAIMS ANY LIABILITY FOR ALLEGED LOSS OR DAMAGE WHICH MAY RESULT FROM RELIANCE UPON THIS MAP'", FLP PLATS (CC&R'S, IF ANY) ENCLOSED. OR-9738142 TITLE OFFICER - OKERLUND NOTICE SECTION 12413;1 OF THE CALIFORNIA INSURANCE CODE, EFFECTIVE JANUARY 1, 1990, REQUIRE:` THAT ANY TITLE INSURANCE COMPANY, UNDERWRITTEN TITLE COMPANY, OR CONTROLLED ESCROW COMPANY HANDLING FUNDS IN AN ESCROW OR SUB-ESCROW CAPACITY, WAIT A SPECIFIED NUMBER OF DAYS AFTER DEPOSITING FUNDS, BEFORE RECORDING ANY DOCUMENTS IN CONNECTION WITH THE TRANSACTION OR DISBURSING FUNDS. THIS STATUTE ALLOWS FOR FUNDS DEPOSITED BY WIRE TRANSFER TO BE DISBURSED THE SAME DAY AS DEPOSIT, IN THE CASE OF CASHIER'S CHECKS OR CERTIFIED CHECKS, FUNDS MAYBE DISBURSED THE NEXT DAY AFTER DEPOSIT. IN ORDER TO AVOID UNNECESSARY DELAYS OF THREE TO SEVEN DAYS, OR MORE, PLEASE USE WIRE TRANSFER, CASHIER'S CHECKS, OR CERTIFIED CHECKS WHENEVER POSSIBLE, IF YOU HAVE ANY QUESTIONS ABOUT THE EFFECT OF THIS NEW LAW, PLEASE CONTACT YOUR LOCAL FIRST AMERICAN OFFICE FOR MORE DETAILS. s#*mmss #.#aaa# NOTICE IN ACCORDANCE WITH SECTIONS 18662 AND 18668 OF THE REVENUE AND TAXATION CODE, A BUYER MAY BE REQUIRED TO WITHHOLD AN AMOUNT EQUAL TO THREE AND ONE-THIRD PERCENT OF THE SALES PRICE IN THE CASE OF THE DISPOSITION OF CALIFORNIA REAL PROPERTY INTEREST BY EITHER: I., A. SELLER WHO IS AN INDIVIDUAL WITH A LAST KNOWN STREET ADDRESS OUTSIDE, OF CALIFORNIA OR WHEN THE DISBURSEMENT INSTRUCTIONS AUTHORIZE THE PROCEEDS BE SENT TO A FINANCIAL INTERMEDIARY OF THE SELLER, OR 2. A CORPORATE SELLER WHICH HAS NO PERMANENT PLACE OF BUSINESS IN CALIFORNIA. THE BUYER MAY BECOMESUBJECT TO PENALTY FOR FAILURE TO WITHHOLD AN AMOUNT EQUAL TO THE GREATER OF 10 PERCENT OF THE AMOUNT REQUIRED TO BE WITHHELD OR FIVE HUNDRED DOLLARS ($500). HOWEVER, NOTWITHSTANDING ANY OTHER PROVISION INCLUDED IN THE CALIFORNIA STATUTES REFERENCED ABOVE, NO BUYER WILL BE REQUIRED TO WITHHOLD ANY AMOUNT OR BE SUBJECT TO PENALTY FOR FAILURE TO WITHHOLD IF: I. THE SALES PRICE OF THE CALIFORNIA REAL PROPERTY CONVEYED DOES NOT EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,00U), OR 2. THE SELLER EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, CERTIFY ING THAT1'HESELLER IS A RESIDENTOF CALIFORNIA, OR IF A CORPORATION, HAS A PERMANENT PLACE OF BUSINESS IN CALIFORNIA, OR 3, THE SELLER, WHO IS AN INDIVIDUAL, EXECUTES A WRITTEN CERTIFICATE, UNDER THE PENALTY OF PERJURY, THAT THE CALIFORNIA REAL PROPERTY BEING CONVEYED IS THE SELLER'S' PRINCIPAL RESIDENCE (AS DEFINED IN SECTION 1034 OF THE INTERNAL REVENUE CODE), THE SELLER IS SUBJECT TO PENALTY FOR KNOWINGLY FILING A FRAUDULENT CERTIFICATE FOR THE PURPOSE OF AVOIDING THE WITHHOLDING REQUIREMENT, THE CALIFORNIA STATUTES REFERENCED ABOVE INCLUDE PROVISIONS WHICH AUTHORIZE THE FRANCHISE TAX BOARD TO GRANT REDUCED WITHHOLDING AND WAIVERS FROM WITHHOLDING ON A CASE-BY- CASE BASIS. THE PARTIES TO Tii1S TRANSACTION SHOULD SEEK AN ATTORNEY'S, ACCOUNTANT'S, OR OTHER TAX SPECIALISTS OPINION CONCERNING THE EFFECT OF THIS LAW ON THIS TRANSACTION AND SHOULD NOT ACT ON ANY STATEMENTS MADE OR OMITTED BY THE ESCROW OR CLOSING OFFICER, • 'ARFiELO •.+y.mr,.,-r .W+ r . ,q I S• ;•ry. .F;,°. i,r y1r; .i. ..rn w _f ?•5'wrnrUN n i MARCH '1951 - 9 FOR )„h1r,.-,,, .:,.rSsE S a ., ;?r,?CRPOSLS ';•r SSESSOR MACES 1'!OGUARANTEE r,CI. • CCuI RCYNOR ASSUMES ANY LIA2l,'J, , • ?NEr'USES. NOT TO BE REPROUi .'E MHTSRESERVEDD. h1GHT :7UrrlTYAt,S :^ aE P"M,' 266-37 NOTE - ASS£SSORS BLOCK B THIS MAP WAS PREPARED FOR ORANGE COUNTY ASSESSOR DEPT. PURPOSES ONLY. THE ASSES- SOR MAKES NO GUARANTEE AS TO ITS ACCURACY NOR ASSUME$ ANY LIABILITY FOR OTHER USEtS. NOT TO BE REPRODUCED. ALL RIGHTS RESERVED. ©COPYRIGHT ORANGE COUNTY ASSESSOR 1995 PARCEL NUMBERS SHOWN' IN CIRCLES ASSESSOR'S MAP I!Q-23 CBOOK 110 PAGE 23 COUNTY- OF ORANGE 1) 6