HomeMy WebLinkAboutHARBOUR-PACIFIC, LTD. - 1973-02-26.-AIN
W 0 ORIGINAL COPY
for., Master File
MU,`��.7 BE RETURNED,
TO CITY C[ ERK
AGREEMENT AFFECTING TRACT NO. 8005
HARBOUR -PACIFIC, LTD., a limited
partnership by Huntington Harbour
Cor " oratibn, a corporation, General
Fai-tner,
GRANTOR
C�ITY OF HUNTINGTON BEACH, a
municipal corporation,
GRANTEE
Legal Description: Tract No. 8005 in the
City of Huntington Beach, County of Orange,
State of California.
THIS AGREEMENT, dated this 26th day of February,
1973, at Huntington Beach, California, by and between
HARBOUR -PACIFIC, LTD., a limited partnership, Subdivider,
hereinafter called GRANTOR, and the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter called GRANTEE.
In consideration of approval of Final Tract Map
No. 8005 and in connection with and on condition of GRANTOR'$
development of Tract 8005, GRANTOR and GRANTEE agree as
follows:
1. GRANTOR shall install a sanitary sewer system
fox- each boat slip within Tract 8005 per approval of the
Department of Public Worzs and Department of Beaches and
Harbors. Such system is not in existence; however, the
GRANTOR will install a pilct system within six (6) months
and if successful, the design will be used in Tract 8005
provided, howeve-, the cost to install said system does not
exceed SIXTY THOUSAND DOLLARS ($60,000.00). If not feasible,
GRANTOR will install one pump -out facility in Tract 8005
as approved by the Department of Public Works and the
Department of Beaches and Harbors.
2. GRANTOR shall comply with all orders and supple-
ments applicable to GRANT07t heretofore issued by the Santa
Ana Regional Water Quality Control Doard at such times as
required by said Board. This provision is not intended to
enlarge the obligations otherwise imposed by said orders
and supplements.
3. GRANTOR shall complete the entire new channel
connecting Victoria Passaga with Discovery Channel, substan-
tially as shown on the map attached hereto and made a part
hereof, r-rior to January 1, 1976; provided , however, all
necessary governmental approvals are received in sufficient
time and further provided that GRANTEE permit the property
adjoining said channel -to be reasonably developed in
keeping with the present plan of overall development of
Huntington Harbor. Within three (3) months after recording
2.
Tract Map No. 8005, GRANTOR shall post a bond or instrument
of credit, subject to approval as to form by the City Attorney,
in the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000),
guaranteeing the completion of such entire new channel.
4. GRANTOR shall install and hereby warrants and
guarantees the design and operability of the lagoon water
exchange system, per Order No. 72-46 of the Santa Ana
Regional Water Quality Control Board, as it now exists for
a period of five (5) years from and after the date of this
agreement. GRANTOR shall include in the conditions, covenants
and restrictions for Tract 8005 a requircment that the
Home Owners Associat-ion shall continue the operation and
maintenance of said system to the satisfaction of GRANTEE
in perpetuity. GRANTOR agrees to maintain said system until
it is turned over to the Home Owners Association.
E)', In addition to the foregoing, GRANTOR agrees to
cooperate with GRANTEE to accomplish all other recommenda-
tions and the intent of the Environmental Impact Report of
the -'nvii-onmental Review Board of the City of Huntington
Beach for Tract 8005.
6. The City Council of the City of Huntington
Beach shall amend the conditions of Final Trant 8005 as
contained in letter, dated December 26, 1972 .o the
Honorable Mayor and City Council from the Planning Commission,
to add the following as condition No. 8 thereof:
3.
ANAL AL
W
8. All of the 'terms and conditioiis
set forth in the agreement between the City
of Huntf_ngton Beach and Harbour -Pacific, Ltd.,
dated February 26, 1973, shall be performed in
accordance with such terms and conditions
and within the times stipulated in said
agreement but this condition will not prevent
the recording of the map.
7. Conditioned on approval of Department of Real
Estate, this agreement shall be part of the official Real
Estate Commissioner's final report on the Property affected
by this agreement, and GRANTOR shall transmit a copy of this
agreement to the Real Estate Commissioner requesting, in-
clusion hereof in said final report. If the Real Estate
Commissioner does not approve the inclusion of the agreement
in said final report, GRANTOR agr6as to deliver a copV of
this agreement to prospective purchasers of units in Tract
8005 and obtain a receipt therefor to deliver to GRANTEE.
8. GRANTOR represents that it is the owner of the
land in Tract 8005 and the land in which the channel de-
scribed above is to be constructed.
9. GRANTOR agrees that this agreement will be
binding on the successors, assigns and transferees of the
GRANTOR except as provided in the next paragraph.
4.
STATE or, CALIFORNIA
"�bOUNTY�OF ORANGE
before me, a Notary Public in and for said
-iytap
State, personal peared Alvin M. Coen known to me to be the Mayor,
and Ernestina Di Fabio, known to me to be the Assistant City Clerk of
the Municipal Corporation that executed the within instrument, known to
me to be the persons who executed the within instrument on behalf of
the Municipal Corporation therein named, and acknowledged to me that
such Municipal Corporation executed the within instrument.
WITNESS my hand and official seal.
A00FE0"TrIAt qe'A,
FLOYD G, BELSITC)
-NOTA Ic
AITY
-on E, p res &jar, 10, 1,974
10. Notwithstanding anything in the foregoing to
the contrary, this agreement is not to be binding upon any
purchaser of a condominium or lot in Tract 8005 or be a
lien or cloud on the title of said purchaser or any
other purchaser of individual units in Huntington Harbour.
WITNESS OUR HANDS AND SEALS the day, month and
year appearing below.
DATED I /J' 1973.
HARBOUR -PACIFIC, LTD. a
limited Dartnersbip L,
Huntington Harbour Cor-
poration, a corporation,
general partner
GRANTOR
r
By
By
DATED 25 1973.
CITY OF HUNTINGTON BEACH, a
municipal corporation
GRANTEE
13Y
Mayor
ATTEST- AP ROVED FO
City Cle1K ss Gity0ttorney
STATE OF CALIFORNIA )
) ss
COUNTY OF ORANGE
On this 2�')th . day of February , 1973, before
me, the undersigned, a Notary Public in and for said State,
personally appeared Don L. Byrnes, Jr.
known to me to be the Vice--Presi nt, and
Dale L. Dunn _, known to me to be the Assistant Secretary
of HUNTINGTON HARBOUR CORPORATION, the rorporation that
executed the within instrument and kno�,,n to me to be th e
persons who executed the within instriunent on behalf of said
corporation, said corporation being known to me to be one of
the partnero of HARBOUR-PACIFICI, LTD., the,partnership that
executed the within instrument, and acknowledged to me that
such corooration executed the same as su(.'--i partner and t-hat
such partnership executed the same.
WITNESS my hand and official seal.
OFFICIAL SEAL
CAROLE J. GRIFFITH
+ N
NOTARY PUBLIC -CALIFORNIA
'OU
ORA,:NNG:ECO U NTY
19
S i gnat My Commission ExpiresA:ug. 23,1975
4241 Warner Ave., Huntington Such, CA- 92649
Carole J. Griffith
Name (Typed or Printed)
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AGREEMENT AFFECTING TRACT NO. 8005
HARBOUR -PACIFIC, LTD., a limited
partnership by Huntington Harbour
Corporation, a corporation, General
Partner,
GRANTOR
CITY OF HUNTINGTON BEACH, a
municipal corporation,
GRA:NTEE
Legal Description: Tract No. 8005 in the
City of Huntington Beach, County of Orange,
State of California.
THIS AGREEMENT, dated this 26th day of February,
1973, at Huntington Beach, California, by and between
HARBOUR -PACIFIC, LTD., a limited partnership, Subdivider,
hereinafter called GRANTOR, and the CITY OF HUNTINGTON BEACH,
a municipal corporation, hereinafter called GRANTEE.
In consideration of approval of Final Tract Map
No. 8005 and in connection with and on condition of GRANTORIS
development of Tract 8005, GRANTOR and GRANTEE agree as
follows:
OEM
1. GRANTOR shall install a sanitary sewer system
for each boat slip within Tract 8005 per approval of the
Department of Public Works and Department of Beaches and
Harbors. Such system is not in existence; however, the
GRANTOR will install a pilot system ,-,Tithin six (6) months
and if successful, the design will be used in Tract 8005
provided, however, the cost to install. said system does not
exceed SIXTY THOUSAND DOLLARS ($60,000.00). If not feasible,
GRANTOR will install one pump -out facility in Tract 8005
as approved by the Department of Public Works and the
Department of Beaches and Harbors.
2. GRANTOR shall comply with all orders and supple-
ments applicable to GRANTOR heretofore issued by the Santa
Ana Regional Water Quality Control Board at such times a�3
required by said Board. This provision is not intended to
enlarge the obligations otherwise imposed by said orders
an.d supplements.
3. GRANTOR shall complete the entire new channel
connecting Victoria Passage with Discovery Channel, substan-
tially as shown on the map attached hereto and made a part
hereof, prior to January 1, 1976; provided , however, all
necessary governmental approvals,are received in sufficient
time and further provided that GRANTEE permit the property
adjoining said channel to be reasonably developed in
keeping with the present.plan of overeil development of
Huntington Harbor. Within three (3) months after recording
Tract Map No. 8005, GRAATOR shall post a bond or instrui-ent
of credit, subject to approval as to form by the City Attorney,
in the sum of FIVE HUNDRED THOUSAND DOLLARS ($500,000),
guaranteeing the completion of such entire new channel.
4. GRANTOR shall install and hereby warrants and
guarantees the design and operability of the lagoon water
exchange system, per Order No. 72-46 of the Santa Ana
Regional Water Quality Control Board, as it now exists for
a period of five (5) years from and after the date of this
agreement. GRANTOR shall include in the conditions, covenants
and restrictions for Tract 8005 a requirement that the
Home Owners Association shall continue the operation and
maintenance of said system to the satisfaction of GRANTEE
in perpetuity. GRANTOR agrees to maintain said system until
it is turned over to the Home Owners Association.
5. In addition to the foregoing, GRANTOR agrees to
cooperate with GRANTEE to accomplish all other recommenda-
tions and the intent of the Environmental Impact Report of
the Environmental Review Board of the City of Hunting -ton
Beach for Tract 8005,
6. The City Council of the City of Huntington
Beach shall amend the conditions of Final Tract 8005 as
contained in letter, dated December 26, 1972 to the
Honorable Mayor and City Council from the Planning Commission,
%.o add the following as condition No. 8 therenf:
3.
8.. All of the terms and conditions
set forth in the agreement between the City
of Huntington Beach and Harbour -Pacific, Ltd.,
dated February 26, 1973, shall be performed in
accordance with such terms and conditions
and within the times stipulated in said
agreement but this condition will not prevent
the recording of the map.
7. Conditioned on approval of Department of Real
Estate, 'this agreement shall be part of the official Real
Estate Commissioner's final report on the Property affected
by this agreement, and GRANTOR shall transmit a copy of this
agreement to the Real Estate Commissioiier requesting in-
cluEAon hereof in said final report. If the Real Estate
Commissioner does not approve th.e inclusion of the agreement
in said final report, GRANTOR agrees to deliver a copy of
this agreement to prospective purchasers of units in Tract jV
8005 and obtain a receipt therefor to deliver to GRANTEE.
8. GRANTOR nepresents that it is the owner of the
land in Tract 3005 and the land in which the channel de-
scribed above is to be constructed.
9. GRANTOR agrf.--, that this agreement will be
binding on the successors, assigns and transferees of the
GRANTOR exceDt as provided in the next paragraph.
4.
STATE OF CALIFOMIA
SS:
',!r-COUNTY OF ORANGE
AAl a
before me, a Notary Public in and for said
Sta)e#1personally a�peared Alvin 11. Coen kuow to me to be the Ma;yor,
and Ernestina Di Fabio, known to me to be the Assistant City Clerk of
the Municipal Corporation that executed the within instrument, known to
tie to be the persons who executed the within instrument on behalf of
the 14unicipal Corporation therein named, and acknowledged to me that
such Municipal Corporation executed the within instrument.
gall Ila 9 a a Z3 Ism 120;IUM152 U MU116.0 ani-11
WITNESS my hand and official seal.
FLOYD G.t,
NOTARY puntle,
Papic(PAL
My Comrrlss:oil Expims; Mzr'�
10. Notwithstanding anything in the foregoing to
the contrary, this agreement is not to be binding upon any
purchaser of a condominium or lot in Tract 8005 or be a
lien or cloud on the title of said pu:r.,chaser or any
other purchaser of individual units in Huntington Harbour.
WITNESS OUR HANDS AND SEALS the day, month and
year appearing below.
DATED— 1973.
HARBOUR -PACIFIC, LTD., a
limited partnership by
Huntington Harbour Cor-
poration, a corporation,
general partner
GRANTOR
/I
r
By_ "41-n
By
DATED 1973.
CITY OF HUNTINGTON BEACH, a
municipal corporation
GRANTEE
By_ e Ce4
Mayor
ATTEST: APPROVED AS FO
r—K- st, City�Attorney
Ci%7y Clerk s t-.-
REAL t
IKLSIIO f
�ALJI LOMA
COEINTY
10, L974
5.
r7l
STATE OF CALIFORIJJA
ss
COUNTY OF ORANGE
On this 26th day of February -, 1973, before
me, the undersigned, a Notary Public in and for said State,
personally appeared Don L. Byrges, Jr.
known to me to be the Vice -President, and
Dale L. D�inn -,, known 'to me to be the Assistant Secretary
of.HUNTINGTON HARBOUR CORPORATION, the corporation that
executed the within instrument and known to me to be th e
persons who executed the within instrument on behalf of said
corporation, said corporation being known to me to be one of
the partners of HARBOUR -PACIFIC, LTD., the,partnership that
executed the within instrument, and acknowledged to me that
such corporation executed the same as such partner and that
such partnership executed the same.
WIINESS my hand and officia-L seal.
Signatul'1_0_��
Carole J. GrJffith
Name (Typed or Printed)
OFFICIAL SF;.,d,,L
L
CAROLE J. GRIFFITH
G TH
NOTAPY PUBLIC, CALIP"ORNIA
j
ORANGE COUNTY
4241 Warner Ave., Huntington Beach, GA_ 92649
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