HomeMy WebLinkAboutAdministrative Reviews ARX1973063 - Supporting Documents4k Z3-(o5
DEPARTMENT OF
BUILDING 8e SAFETY
e
CITY OF C'C-------------
.o. sox 19-0 CALIFORNIA 9264a
AFFIDAVIT OF MOW LEDGE,
--z - beir., duly sworn deposes and says:
That as of September 5, 1972, he has made application to the Department
of Bu:'ding and Safety, Huntington Beach, California, for building permits
to erect a two bedroom single family dwelling and detached. two car garage
with guest room above on the property located at 624 18th Street, Huntington
Beach, California, and legally described as Lot 24, Block 617 of the Hunt-
ington Beach Tract, 17th Street Section;
That he has knowledge that the subject property is located in the R-2
zoning district allowing one dwelling unit per 2,000 sq. ft; of land area;
and, that the subject property does not qualify for two (2) dwelling units
due to the above named restrictions;
That tie guest room above the detached two car garage shall not be
used as a separate dwelling unit nor represented as such for ANY purpose
including scle.of same.
That he has knowledge that the guest room above the detached two
car garage may not be supplied with ANY type of cooking facility as the
inclusion of , r,,,e would create a separate dwelling unit in violation of
applicable p;Lrisions of the R-2 zoning district.
Subscribed and sworn to hefote me this 22h day of
aeosammeboaea®bb+0@a
JO ANN M: PARKS
NOTARY PU5LIC • CALIFORNIA s
e PFUUiCP L oFTICE IN 4
a
4:OFFCIM-AL
ORANGE' COUNTY
My Commimlon Cxplre.April, 25, 1976
o
MEMO
N;J :, t.iJi; a( Escrow $._
Cash Through Escrow-.
nci myr n4e of R cord,
New t:ncumhrance
Total Consideration., .
and any additional funds and documents , including notes "cur .d by enet:-,bradces I create, re $i ed from me to enable you to comply with these
Instructions . all of which yop are authorized to use and 'or dellcm` provided on or before da S,..„.,.. from the above date instruments
have been filed for rce,vd entitling you to procure-Ti tleln,sur?fee and Tr115 t CO Standard Owner's or Joint Prot,rclion pollvyGof till., Insurance in the Issuing till., Company's usual form with Its Liability for s 8,9 O.Oc the amount of iota! consideration, on real
property in the County of,_._--Q.E@nS.--_ Stateof Califorrita. lrl thCT City of
l{ur,t i nit _ton_ Beach, as per rrlap recorded in book . OL pages 20 to 2 inclusive of t i see 1 1 aneous
HaPS, in the office of the county recorder of said count ,
EXCEPTING from that portion of said land lying below a dejth of 500 feet beneath the surface
thereof all oil asp as haltum and other hydrocarbons and all other minerals whether similar
or dissimilar to those above and includin all fissionable materials within or that may be
produced, extracted or taken therefrom; and further excepting from that portion of said land
l-in below 200 feet below the surface thereof r ghts to maintain subsurfacr portions of oil
and oas wells certain drilling rights to take said minerals ri hts to in'ect oil as air,
water or other liquid or gaseous substances and ignite or activate such substances, and
rights to drill from wells on other lands all as more particularly described _in the herein
after referred to deed without the right to use the surface of said land or any_2orrttlonthere-
NOTE- Buy ers herein to obtain fire insura nce s &tisfactor to the lender
original pal icy in this escrow toge ther with Buff eic'nt funds to
thereon, or a paid recejpt therefor.
some of the off jeers ofi_oneofithe partners of the setller , partriershI
Homeowners l scraw.
are a so officerf,
ANY POLICY OF T11'I.r INRUIRANCE CALI,EI) Noll UNDER THESE iNSTR1fCT)ON$ MAY ISI Ul rUra FOIL fi.'IF' fllN :FIT Or ALL PARTiI*S I?.'
IN't81`1l'ST AND MAYI3n VROCUltS:h PROM ANY 'r!.-TLF COMPANY OPrAA .",C It TIIF rotfrrSY WR ii THE= l ROP><II'rv is LOCATED
AUD.WILL IlLL St:LUtCT TO EXCEPTIONS AND CONDITIONS CONTAINED IN SUCK COMPANY'S REGULAR PAINTED FORM, IV•'C'I.UOINC..
BUT NOT LIMITED TO AN EXCEPTIOf1 THAT SAID POLICY WILL, NOT LNSLRJ; AoA 4S'r LOSS LY REASON CF TU RESRRVATiOmf on
E)CCEPTIONOF ANY WA't'LP ItIGHTS, CiAIMS, OR TITLE TO WVA'i'IJit_ - - - -
BUYER &' SELLER
TO HOMEOWNERS ESCROW
Prior to close of escrow I wlli hand you the sum
i $11+, : 1F.o "I,IFiT i t to sun 6 - "5uu 0G--F ._..
a frcadyeex "fiGnr eTyaw i-ai7il'""i;vYTi` iarid )a4;o r „"
cauge 'ta To -inr`cl- o yrau ific' jrocecd,a ' of aiarl
have ap 'Ccf7"fa n s1:Tie ambun`r or tl°il;Rllt0
of lying with in 200 feet measured vertical] y downward rd from the surface , as reserved bathe
Huntington Beach Com _ . a corporat_iion, by deed recorded Decemb er 0
951, Official Records.
as per map recorded In Book ` 1,..J'age ((
9Cnr„r T!`7LF v°STEP IN«.:., i Ail _-1L11.1 ,Ls(itirl'iv Nr ..1.
Joint Tenants
l 71 in book 99;0 page
records of said Cot,nty
..U f [l'li,.,._..i
FREE OF ENCUAT3RANCES EXCEPT-,----- _.. ...,.:..._
- .fll _.Gencral and Special Taties for the fiscal yea; 19121 , tA. _L r!,
including PERSONAL, PROPERTY TAXES if any, of any former owner AND ALSO INCLUDING ANY SPECIAL, DISTRICT LEVIES, PAYMENT OF
WHICH ARF INCLUDED THEREIN AND COLLECTED THFREWITH.._,..
All taxes and assessments levied or assessed subsequent to date of these instructions :
Conditmns, restrictions, reservations, covenants , easement .,, rights and rights of way, of record If any, AND ANY AS MAY BE
DEED IN MY FAVOR TO FILE ino further approval thereof from me being required),-
2nd Trust decd executed by,-_N.,_.JPIExx-
securing- -note for ; X
O^'__. _ in favor of---,
dated - _ du^c _.._..,years after date with interest at
princtp. l and u,trrest payable $ XX or more on: the-- day of each-
the- ..` ._ .,...day of ix9 , _.-.,T--..
CONTAINED IN THE
_.-per cent per annum
_month. begilininr on
Prorate taxes. on the basis of 150.,00 for the fiscal car of 172j97 said rorat1on to
be to close of escrow.
Debit buyers and credit sellersjin, the 4inount of 7(x,0 rover cost of lt.Tf i icr ref
Title Insurance,
ESCROW NO,- 2
r-11-A . , ., ts.,...71
Whittior, Calilorniri
(Page Two)
TRE i'OLLOVaiIN AD jUSTIt K S O14Lt AIM EtEQUflED IN 1''U$ i SC!"QW:
AtLust interest on new encumbrances by endpriementa on notes to____ nun
In the cvtnt the balerlce of principal of the encumbrance of record chows to ba more or )ere than shown on page one of t me ]nstructlorw , you era
instructed to keep tie total consideration the came byy accordingly edjusttnt; the cash . tltroiigh escrow,Prorate taxes, including all items appearing on tax bf'I except taxes on personal property not conveyed through this escrow,see page One
Prorate rentals on basis of statement approved by me, to /tone but malta nr adjustment on uncollected rentals,
Accept for me such insurance policies as are submitted on buildings cltuated either on property above described or on premises hnoum at_
in the amount of fl and pay the full premium therefor,
itiake all adjustments and/or proratings on the basis of a 30 day month. "Close of Escrow " is the day instruments are recorded
or registered.
I agree to pay on demand all protata adjustments chargeable to me; charges for recording deed; for notary fees on documents ex
ecuted by me; cost of drawing and recording any other documents neces -ary on my part to complete this escrow ; Title Company 's charge for
ATA Policy required by my Lender, and Buyer's escrow fee as charged.
Seller avrees to pay, outside of escrow , and before delinquciicy , all tawsr on personal and/or seal property not conveyed through
this escrow which' appear a lien on above described property, and you ar- not to be concerned . therewith.
The.sellcr guarantees -that the premium on any insurance policy which he hands you or causes to be handed you in this escrow
bait been paid in full and that said policy has not been hypothecated.
Deliver assurance of title and insurance policies , if any, to holder of first encumbrance , or order , if any. Make disbursement,- by
your check. Documents and checks in my favor to be nailed to my address shcwn below unless you are otherwise instructed.
IF THE CONDITIONS OF THIS ESCROW HAVE NOT BEEN COMPLIED WITH AT THE TIME HEREIN PROVIDED, YOU ARE
NEVERTHELESS TO COMPLETE TIIE SAME AS SOON AS THE CONDITIONS (EXCEPT AS TO TIME) HAVE BEEN COMPLIED WITH,UNLESS I SHALL HAVE MADE WRITTEN DEMAND UPON YOU FOR THE RETURN OF MONEY AND/OR INSTRUMENTS DEPOSITED
BY ME.
NO NOTICE, DEMAND OR CHANGE OF INSTRUCTIONS SHAL L 13E OF ANY EFFECT IN THIS ESCROW UNLESS GIVEN IN WRIT-
ING BY ALL PARTIES AFFECTED T HEREBY. In the event conflicting demands are made or notices served upon you with respect to this escrow,the parties hereto expressly agree that You shall have the absolute right at your election to do either or both of the following : withhold and atop all
further proceedings in, and performance of, this escrow , or file a suit in In,erpieader • and obtain an order from the court requiring the parties ainterplead and litigate In such court their several claims and rights amongst themselves , In the event such Interpleader suit is brought , you shall Se:.
facto be fully released and d'scharged from all obligations to further perform any and all duties or obligations imposed upon you in this escrow, andthe parties jointly and severally agree to pay you all costs , expenses, and reasonable attorney's fees expended or incurred by you, the amount thereof
to be fixed and a judgment thereof to be rendered by the court In such cult.
You are not to be held lIilble for the sufficiency or correctness as to form, manner of execution , or validity of any instrument deposited
In this escrow , nor as to Identity , authority,or rights of any person executing the same , nor for failure to comply with any of the provisions of anyagreement, contract , or other instrument filed herein or referred to herein , and your duties hereunder shall be limited to the safekeeping of tuck
money, instruments , or other documents received by you as escrow holder , and for the disposition of same in accordance with the written instruc-tions accepted by you in this escrow.
All parties hereto further agree . jointly and severally, to pay on demand, as well as to Indemnify and hold you harmless from and against
all costs, damages , judgments , attorney 's fees, expenses , obligations and liabilities of any kind or nature which, in good faith , you may Incur or sus-tain in connection with or arising out of this escrow, and you are hereby given a lien upon all the rights , titles and interest of each of the under-
signed in all erscrowed papers and other property and monies deposited in this escrow, to protect your sights and to indemnity and reimburse youunder this agreement.
It 1s agreed by the parties hereto that an far as your rights and liabilities are concerned , this transaction is an escrow and not any otherlegal relation and you are an escrow holder only on the terms expressed herein, and you shall have no responsibility of notifying me or any of the
parties to this escrow of any `a, resale, loan , exchange , or othertransaction involving any property herein descrlocd or of any profit realized byany person, firm or carporr• ekes, agent, and parties to this and/or any ether escrow included) in connection therewith, regardless of the fact
that, such transaction (s) m • • +, r tidied by you in this escrow or in ano t her escrow.
These lnstructio, y be executed in counterparts , each of which so executed shall, Irrespective of the date of its execution and delivery.
tae deemed an original , and ..id counterparts together shall constitute one and the same instrument. - - -
Any amended , supplemental , or additional instructions given shalt be subject to the foregoing conditions.
TIE TERMS. CONDITIONS, PROVISIONS AND INSTRUCTIONS HAVE BEEN READ AND ARE UNDERSTOOD AND
//AGREED TO BY EACH OF T#E UNDERSIGNED,
r ,:ur-. r /; rr.7[C__ _ Adnrrss_ _1 f
UiCL EE l Lu f1 oni
Y%1 + ) t i-i bill - J
Sigrraturef `t y,j )"G "7 .ddress Same PhoneoSRil yrne y
Signature ddress 'Phone___
Signature ddress 'Phone
SE! LER
A r i i II -w-3 -1
THE FOREGOING TERMS, CONDITIONS AND/nR INSTRUCTIONS ARE IIERr.BY CONCURRED IN, APPROVED AND ACCEPTED.
Prior to the expiration of the time si.eclfied on Page One of the Buyer's Instructions I will hand you all instruments and money necessary
of me to enable you to comply therewith, Including a deed of the property described , executed by__._
ARTNERSt1 I P, a Part'nersh iA
which you are authorized to use and /or deliver when you hold in this escrow for the account of said grantor (s) the sum oft 5 VDU. CiU
and any prorata adjustments and instruments deliverable to me under these Instructions, When property being conveyed is held in joint tenancy
any cash derived 'herefrom in this escrow shall be joint tenancy funds . Pay at the close of escrow any encumbrances necessary to place title In the
condition called under these instructions , my portion of prorata.adjustments and the following:
Pay commission of $ none to (Broker 's License No
whose address Is;
You will,' r.s my agent. resign any insurance of mine handed you for use In this teerow, Instruct the Title Company to begin search of title,
at once. Regardless t1 the consummation of this escrow, I mice to pay an demand drat' i and expenses Incurred by you for met charged for
assurance of title; tot s.-tiding In otf tat, mortgages antler bolo ficiarles' ltlitctncnt and/or dimmtla: for special aw'sciiament district reportat dr&wiildand acknowledging, documents exepu)ed by mat my ronvcyari: g mid recording charges Including recording of purchase price enounlbrances ; tinna-for A` Insurance if prorated
$ bLl "X9UYwX{Vi re ng the pro sier i;ntot{nt to be affixed to my Bred, and trailer's escrow tat as elm. led,
Issue your cheek for balance in favor Of J(C (y'C1SC,1]1_ _
and Mall to:_iSLf*.Sil' [i C.]J n AddrecaS,__t3Q 1A.,_1>k1t7t2r_1
SicnatureS Q.LXl_We e A-C. e h P _Addreaa °'-,;li« 19 rN bnyg 'Phone
• Lnan ty51n?taturcS -PN .!r.rU.,..it4`.T..' &rem r hCrttrur, ._'Phona_,
dLit,Ma --- -t'hohe
Minutes : H.B. Board of Zoning Adjustments
Wednesday , April 18, 1973
Pa e .3
Ther were eight people present in opposition o the
appli ation. There was no one present repre enting the
applic t. The opposition expressed their reasons for
not wis 'ng to have two story dwellings "n the area, and
pointed t that there would be a tra is problem and parking
problem i this application was app ved . The Board pointed
out that th application before i was for a Conditional
Exception an that the project oposed was a permitted
use in the R- zone. There wa a discussion on the zoning
in the area an the procedur for requesting a change in
zoning,
The public hearin was osed.
It was the consensu of the Board that there was no hardship
indicated suffi.cie to grant a Conditional Exception to
tis,: applicant. I wa also the consensus of the Board that
there were many reas '.n the plans that were questionable.
ON MOTION BY RARDEN Afp SECOND BY SPENCER CONDITIONAL
EXCEPTION NO. 73-15 WAS DENIED FOR THE FOLLOWING REASONS
BY THE FOL WING ROLL CALL, VOTE :
1. Subs antial neighborhoox opposition.
2. Ap licant not present to emonstrate hardship; and
3. 1pplicant has failed to re and to Board's invitation
to review his proposal, and;
There are multiple questions-ether or not this
proposed project can meet othe r code requirements.
AYES: Spencer, Gerarden, Eadie
NOES: None
ABSENT: None
ADMINISTRATIVE REVIEW NO. 73-63
A licant: William J. Byrne
To permit the construction of 6 ft. high wall in the front,
yard of an existing single family residence, pursuant to
91.04,,5 of the Huntington Beach Municipal Code located on
the south side of Gate Hill Circle approximately 200 ft.
southwest of Evening Hill Drive.
Mr. Willi,-.,n J . Byrne, applicant, was present. He explained
his request for a wall, and described its structure. Due
to the fact that this subdivision is still in the construction
phase, the. Board felt that the Administrative Review was
the 'app- ,^priate application to be filed pursuant to S. 9201.2
of the Huntington Beach Ordinance Code.
ON MOTION BY GERARDEN AND SECOND BY SPENCER ADMINISTRATIVE
REVIEW NO.73 63 WAS APPROVED WITH THE FOLLOWING CONDITIONS
BY THE FOLLOWING ROLL CALL VOTE:
1. Plan received April 9, 1973 shall be approved plan.
2. Wall location, materials, color, and design shall be
in conformance with the plan received April 9, 1973,
and. shall match the existing dwelling.
:AYLS : :J'pencer, Gorardcn, 1 adie
,5:NoneN(`1_
'ABSLN`I' : None