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HomeMy WebLinkAboutFinal Tract Map 12249 - A portion of TT 11417 - Mansion Prop STATEM NT OF THE ACTION OF THE CITY COUNCIL / Council Chamber, City Hall Huntington Beach, California March.6. 1989 ' - Mayor Bannister called the regular meeting of the City Council of the City of Huntington Beach to order at 0 P.M. Present: MacAllister, Green, uinchell, Bannister, Mays, Silva, Erskine Absent: None •}t►f}fffffff►ff}ff►#}#-f#�•}}#ff1+ f}�fff}f�}►rfi}/ff►}t►f�►•�y}1►1►1ff7�f rff►•If•ff�f}►1♦ CONSENT CALENDAR - (ITEM APPROVED) On motion by MacAllister-, second Silva, the following item was approved, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mdys, Silva, Erskine NOES: None ABSENT: None ♦#•♦•#7r}••}#.•}•f♦♦•}r#ffrr}e•r•r►ally•tf••rr}rrf•rr}}rxrrarrr••r•r•rr•r•t#r•*}••ritr+• NOTICE OF COMPLETION - TRACT 12249 - t',ANSION HILL - Accepted improvements dedicated for public use in Tract 12249 located w/s Huntington. n/o Norktown. author zed release of the Faithful Performance Bond and the Monument bond, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding -.ompany of this action. ffr►►Rr7►7•f►•�}f7♦•77f7r}7r}M}1f7•frr�ff7fr•r•.7.7rrr}f•frrff7►r7r•f#lfff• r••#ff•f■rf•}7 Mayor Bannister adjournea the regular neeting of the City Council of the City of Huntington Beach at to _2+on"a-v , March 2n, laQc I at T 5:30 PM in Roon B-8. Civic Center, e,!jntirStcn $Tack CA- ATTEST: Connie Bro:kwav City Clerk and ex-officio C erk of the City Council of the City Connie Brcck►:av of Huntington beach. California City Clerk STATE OF CALIFORNIA ) Wes Bannister County of Urange ) Mayor City of Huntington Beach) I , COhNIE %10Cx'W0 , the duly appointed and qualified City Clerk of the City of N-:ntington beach, California. do hereby certify that the above and foregoing is a true and correct Statement of Action of the CityCouncil of said City at their Y regular meeting held on the 6th day of March 19 89 — WITNESS my hand and seal of the said City of Iftitington Beach this the 8th day 'of March 19 89 Connie Brockway City Clerk and ex-o. is o Clerk of the City Council of the City of Huntington Beach. Valifornia = BY._.� lo tv REQjU ' FOR CITY COUNC / •CTIO _ Date . -M:i—h 37 1309 Submitted to: Honorable Mayor and City Council Submitted by: Paul E. Cook, City Administrator Pre tired P ;by: Louis F. Snndoval F-irector of public Works A I!, ~� } (. 1"'y ` Cfj Subject: NOTICE OF COMPLETION TRACT 12249 ;af l `•- •_ r' � , � 4 Consistent with*Council Policy? Yes [ ] New Policy or- Exception Statement of issue, Recommendation, A'naly-;is, Funding Source, Alternative Actions, Attachments: }. STATEMEN- OF ISSUE: Mansion Hill has completed all street improvernents for Tract 12249 and is requesting release by the City, as required by Section 664(19.7 of the Subdivision Map Act. RECOMMENIDATION: 1. Accept the improvemar;cs; d:.?uicated for public u-e. 2. Release the Faithful Performance Bond. 3. Release the Monument Band 4. Instruct the City Cierk to i:otify the developer and the Ctty Treasurer to notify the bonding compm:ray of this action. ANALYSIS: Subdivider: Mansion Hill, 520 Broadway, #100, Santa Monica, CA Engineer: Walden F, Associates, 113012 Cowr,r., 1)2:0, Irvine, C-� 92714 Location: W/s Huntington, w/o Yorktown Lots: 1 Acreage: 2.928 ?_one: R2-0-'-'(D AT'TA(CH.IENTS: Sectional District Mao This tract his been constructed in substantial accordanre. with thn plans and specifications on file in the Department of Puhlic Works. L.FS:BPC:l:v 1977g/A d� P10 5/85 i `y'�i. �tl Y��~.4�s���f' �'>rtit- � � .. t�''. ��1 •. .. .... � �..... ..-_�.............,- ..' ..-r f+� ..tsa4..�.::a., .....n .ss...,r�l.y;..�..,l:r.. f+-�iar.ra.r.e..:.-..«a.r.:.F:.... .1...A .l.a. .........,- - ..•.,..w+......':.r+�a�R».w»..,....wr�e+nrl+?al.'!. .�.+�+U NOT I CE OF ^ 1PLCT ION WITH COND I T i ONS r~- ''TRACTS AUTHORIZATION FOR RELEASE FOR RECORDING TO : CITY CLERK DATE : 7 r- FROfi : PUBLIC WORKS DEPAPTNIF'-:T Bruce Crosby TRACT NO . Lt-zfZ1 DEVELC?ER CONDITIONS : Deposit of fees for water , sewer , ee _ drainage , engineering and inspection Bond for Improvement . . . . . . . . . . Signature of Agreemeni . . . . . . . . . Ccrtificate of Insurance . . . . . . . . Bond for t-lonumrnir. . . . . . . . . . . t .iI►�,, .r t•I.� I ��i i .j llond . . . . . . . . . Signature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AUTHORIZATION FOR RELEASE FOR RECORDING Da to TO: City Clerk FROM: PLANNING DIVISION Janes W. Palin TRACT NO. 102.- ?,.4-1 PARCEL MAP NO. dd RECREATION & PARK FEES PAID_, by�.{ OTHER: (Signature) Adlk W qw S�CTIONAI DISTRICT MAP 2 - 6 ''ll ITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP .1 CARFIELO AVE. [• a ,J L 1 1 i L / ! 1 1 �_ 1'1 Ly 4T. WN I i :•. - � t�l — --j-- ---� :A . l -,III 1 1( t ar lr 1 J., J .-L..'Aws 0 r 1 J. .N..pii_A! .i a 4•� �i t....T i�i.�s.•S —_S 1 E�m La v ff�I Iti CF-C I rl — rn o.�. .. 4-1 _ ADAMS AVE. ,s 1. CITY OF MUN T'Ii' GTON BEACH 20"0 MAIN STREET CALIFORNIA 92648 OFFICE'OF THE CITY CLERK April 11 , 1986 Continental Land Title 529 N. Main Santa Ana, CA Attention: Subdivisica Officer RE: Tract Map No. 12249 This is to inform you that all fees have been paid and conditions f met on the above named tract. You are free to record same at your I convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, California 92648. Alicia M. Wentworth City Clerk t,MW:b t Enclosure Received Dated — / owl 0�+ ftakphone:711-63"227! l .�.:;� . +',t.\•'a.# �r : �a. ;•..:• .° ...' .. �; '.r•:;.g�1:,`ts ..-rM'.�'�,....-.tr cyi.•.� .•r :RS�°. :'•:. - t.:. SUBDIMI SION; IMPROVEMENT.q'SECURITke, AGREEMENTi,BETWEEN..THE i MTY NTINGTON BEACH D SION, RO_ERTIES, INC. .._ t' AND U.W.C. -- HUNTINGTON BEACH, . LTD. THIS AGREEMENT is entered ir:to this say of 1986 , by and between the CITY OF HUNTINGTON BEP.CH, a municipal corporation of the State of California, herein- after referred to as "CITY, " and Mansion Properties , Inc. , a. California corporation, and U.W.C. -- Huntington Beach, Ltd . , a California limited partnership, collectively hereinafter referred to as "SUBDIVIDER. " WITNESSETH: WHEREAS, SUBDIVIDER is subdividing that certain parcel of land shown within the subdivision boundaries of Tentative Tract Map 12249 (herein as "reap" ) ; and, CITY has imposed certain on-site and off-site development improvement requirements (herein as "improvements" ) upon SUBDIVIDER, which conditions must be fulfilled prior to recorda- tion of a final map; and, Exigent circumstances have made it impossible for SUBDIVIDER to construct such improvements prior to the filing of said final map; and, SUBDIVIDER desires to post security with CITY to insure that all improvements will be completed after such recordation, and CITY is willing to accept such security in lieu of present compliance with the conditions of the maps . NOW, THEREFORE, the parties hereto covenant and agree as follows: 1 . WORK STATEMENT - SUBDIVIDER TO CONSTRUCT IMPROVEMENTS SUBDIVIDER agrees that it will, within ninety ( 90) days of written, notice to proceed from City ' s Director of Public • 1 . Works and, in any case, within two (2 ) years from the date above first written , complete to CITY ' S specifications and to the satisfaction of its inspectors all unfulfilled conditions of the map and that all works of construction and improvement shall be finally offered to and accepted by the CITY. 2 . IMPROVEMENT SECURITY In accordance with Huntington Beach Ordinance Code (HBOC) , Article 997 , upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of t42 , 000. 00 , as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement. The deposit may be by corporate surety bond, cash or other approved form of improvement security. At any time, CITY, at its sole option, may require any surety to enter upon the job site and complete the improvements , or the CITY may, at its sole option, invade any deposit given it or utilize any other form of security deposited or made available to it to commence and/or complete the improvements . All bonds and other forms of deposit shall be approved by the City Attorney prior to their acceptance by CITY. SUBDIVIDER may, during the term of this Agreement , substitute improvement security provided that the substituted security is acceptable to the City Attorney. 3 . GENERAL STREET CONSTRUCTION SUBDIVIDER agrees to perform the following works of improvement: Construction of streets ( including excavation , paving, curbs , gutters , sidewalks , trees and landscaping ) , setters (including construction of main lines and lot laterals and structures , ) street lights , street si3ns , domestic water systems , water mains , lot laterals and installation of meter; engineering costs; and any miscellaneous requirements as may be set forth in HBOC Chapter 99 . Such work shall be done and performed in accordance with plans , specifications and profiles which have been approved by the City Engineer and filed in the office of the City Engineer according to HBOC provisions and which are in effect when 2 . the work is to be performed; all of saia work shall be done at the sole cost and expense of SUBDIVIDER, and all labor and material bills shall be paid by it in a good and timely manner . . SUBDIVIDER agrees to complete all public street improvements, including perimeter walls and landscaping, prior to release or `connection of utilities for occupancy for any lot in the Tract . 4 . ACCEPTANCE OF IMPROVEMENTS - . RETURN OF CASH DEPOSIT If SUBDIVIDER has made cash deposit with the City Treasurer under Section 2 hereof, upon CITY2s acceptance of the improvements the SUBDIVIDER may demand return of said deposit which shall be returned , with legal interest, within 30 clays of said demand. 5 . SUBDIVIDER BREACH OF COVENANT TO CONSTRUCT In the event that SUBDIVIDER2 fails to satisfactorily complete construction of the improvements within ninety days after P P Y Y CITY' s notice to proceed, CITY, at its sole option, may invade and use the deposit in order to complete the construction of improvements hereunder . Any monies remaining unspent upon completion of improvements shall be returned to SUBDIVIDER as provided in Section 4 hereof . S . PLANS, SPECIFICATIONS REQUIREMENTS OF CITY: All 1 improvements will be constructed in accordance with the CITY ' s plans , specifications and requirements applicable to similar work usually performed under contract to CITY and which are in effect at the time of their construction . 7 . INSPECTION: CISY shall control work in all public job sites and dedicated areas . CITY may inspect the construc- tion of improvements at all. reasonable times . CITY will cooperate with SUBDIVIDER to provide access to CITY--owned utilities and allow all necessary encroachments to public or CITY--owned property; provided, however, that the entire cost thereof shall be borne by SUBDIVIDER. 3 . 8 . WARRANTY: All improvements shall be fully and absolutely warranted by SUBDIVIDER as to materials and workman- ship for one (1 ) year after the date of acceptance Ly CITY. 9 . GENERAL PUBLIC LIABILITY INSURANCE: SUBDIVIDER will maintain in force during the construction period and until CITY' s final acceptance of the work , at SUBDIVIDER' s sole expense, a general public liability policy in which CITY is named as an Additional Insured . Such policy shall indemnity CITY, its officers and employees , against any and all loss , damage or expense by reason of any suits , claims , demands , judgments and causes of action arising out of or in consequence of SUBDIVIDER' s performance of this Agreement . The policy shall provide for not less than the following amounts : Combined single limit bodily injury and/or property damage including products liability: t1 , OOO, O00 combined Mingle limit per occurrence . Such policy shall provide coverage at least as broad as that provided in the Standard Form approved by the National Beard of Casualty Underwriters , together with such endorse- ments as are required to cover the risks involved . SUBDIVIDER shall arrange f•-3r the policies to be so conditioned as to cover the performance of extra or unforeseen work , should such work become necessary. Evidence of such insurance shall be furnished to CITY i on the CITY ' s form and ahall bo approved by the City Attorney. Any such policy must contain a provision of written notice to the CITY of the expiration or cancellation of any of the insurance policies required hereunder not lest; than thirty ( 30) days before each expiration or cancellation is effective . 10. WORKERS ' COMPENSATION: SUBDIVIDER shall comply with all of the provisions of the Worker ' s Compensation 4 . Insurance and Safety Acts of the State of California; and shall indemnify, defend and hold harmless CITY from and against all claims , demands , payments , suits , actions, proceedings and judgments of every nature and description, including attorney 's fees and costs, presented, brought or recovered against CITY, for or on account "of any liability Wider any of said acts which may be incurred by reason of any work to be performed by SUBDIVIDER under this Agreement; SUBDIVIDER shall provide to CITY evidence of Workers ' Compensation Insurance or self-insurance satisfactory to the p Y City Attorney. 11 . PUBLIC WARNING AND PROTECTION: SUBDIVIDER shall at all times until CITY' s final acceptance of the works of improvement give good and adequate warning to the graveling public of each and every dangerous condition wit-hin said streets and highways , and will protect th-, traveling public from such defective or dangerous conditions . It is understood and agreed that until the completion of all the improvements herein ag.ceed to be performed , each of said streets and highways not accepted as improved shall be under the exclusive control of SUBDIVIDER for the purpose of this Agreement . With th.-�. consent of the City Engineer , SUBDIVIDER may close all or a portion of any street whenever it is necessary to protect the traveling public during the making of the improvements herein agreed upon . SUBDIVIDER hereby agrees to pay for such inspection of streets and highways as may be required by the City Engineer . 12 . INDEMNIFICATION-COVENANT TO SAVE AND HOLD HARMLESS: SUBDIVIDER shall f:jlly indemnify and save and hold harmless CITY, its officers , agents and employees from any and all liability, losses and costs imposed for injury occurring by reason of cnything done or omitted to be done by SUBDIVIDER in performance of this Agreement and in construction of the improvements , excepting when such error or omission is solely S . the fault of the CITY, its officers , agents or employees , and SUBDIVIDER agrees to enter and defend any suit or action brought or arising out of its performance of this Agreement against CITY$ its officers , agents or employees . 13 . LIABILITY FOR WORK: In addition to the covenants to hold and save harmless and to provide insurance , the parties agree that neither CITY nor any officer or employee thereof shall be liable or responsible for any accident , loss or damage happening or occurring to the work specifier) in this Agreement prior to the completion and acceptance of the same by CITY, nor shall CITY or any officer or employee thereof be liable for any person or property injured by reason of the nature of said work, but all of said liabilities shall be assumed by SUBDIVIDER. SUBDIVIDER further agrees to protect and defend CITY and the officers thereof from all liability or claim because of, or arising out of , the use of any patent or unpatented article in the construction of said work . 14 . ATTORNEY ' S FEE: In the event suit is brought by CITY to enforce the term;: and provisions of this Agreement or any bond given to secure the performance hereof , a reasonable attorney ' s fee, to be fixed by the court, shall be paid by SUBDIVIDER in CITY ' s favor . REST OF PAGE NOT USED 6 . .L - ` REC l..1 I'OR CITY COUNC, ACTION Date February 18 . 1986 Honorable Mayor And City Council &utimitted to: SuSt -nitted liv: Charles W. Thompson, City Administrator Pre red by James W. Palin, Director , Devel &.vices • Pahl gook , Director , Public irlorks Subject: FINAL TRACT MAP .12249 , BEING A POR IOtI OF TENTATIVE TRACT NO. 11417 , AND BONDS AND AGREEMENTS FOR TRACT 12249 LOCATED ON THE SOUTHEAST CORNER OF MAIN STREET AND CLAY AVENUE Consistent with Council Policy? (V, Yes I ] Ne ,6!i71-1!zE�"y couNCI1� Statement of Issue, Recommendation, Analysis, Fundinq ScuwA AliernatiyeAqLQns-.-A Gh i znts: STATEMENT OF ISSUE : I -- -- �.. � CITY cL Ii The final map of Tract No . 12249 being a portion of Tentative Tract No. 11417 has been submitted to the City Council for approval . Also Section 6u499 of the Subdivision Map Act requ= xes the local agency to approve bonds and agreements for new subdivisions . Tentative Tract No . 11417 will expire on October 14 , 1966 . RECOMMENDATIOU: 1 . Approve the map pursuant to the required findings set forth in Section 66458 of the Government Code . 2 . Approve the map subject to the finding that the map is in substantial compliance with the previously approved tentative map pursuant to the mandatory findings established by the Planning Commission as set forth by Section. 66474 of the Government Code. 3 . Accept the offer of ded-ication and improvements subject to completion of requirements shown . 4 . Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the following conditions have been complied with: a . A deposit of fees for water , sewer , drainage , engineering and inspections shall be provided; b . h Certificate of Insurance shall be :submitted; c . Subdivision Agreement ; d . Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map, . NO 5/85 a e . The Declaration of Covenants , Conditions , and Restrictions shall be reviewed and approved by the Department of Development Services and "approved as to form" by the City Attorney prior to the recordation of the final map. 5. Park and Recreation Fees shall be paid or a surety posted in an amount equal to the in lieu fees and "approved as to form" by the City Attorney prior to recordation of the final map. 6 . It is also recommended that the City Council accept the following bonds and two copies of the Subdivision Agreement , a . Faithful Performance Bond No. 7129494 b. Guaranty and Warranty Bond No . 7129496 c . Labor and Material Bond No . 7129494 d . Monument Bond No . 7129495 and instruct the City Clerk to file them with the City Treasurer . It is further recommended that the City Council accept the Ti,bdivi.sion agreements and instruct the City Clerk to file one co and return the second to the subdivider . All the bonds hive been approved for amount by the Department of Public Works and, as to form, by the City Attorney ' s Office. ANALYSIS: SUBDIVIDER : Mansion Properties , Incorporated Urban West Communities 2110 Main Street Huntington Beach , CA 92648 ENGINEER: Walden and Associate, 4002 W. Garry Avenue , Suite B Santa Ana , CA LOCATION: South side of Clay Avenue between Huntingtcn and Main Streets ACREAGE. : 2 . 928 LOTS: one lot NO. OF UbITS: 36 ZONE: R2-0-CD GENERAL PLA14: Medium Density Residential DISCUSSION : The map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being :RCA - 2/18/85 -2- ( 4183d ) substantially in accordance with the . tentative map as filed with , ,amended, and approved by the Planning Commission. ENVIRONMENTAL -STATUS.- Environmental Impact Report No . 78-4 was approved by the Planning Commission on March 2, 1983 . FUNDING SOURCE: Not applicable . ATTACHMENTS: 1 . Area Map 2 . Minutes from October 14 , 1985 City Council Meeting JWP :RLF : kla i RCA - 2/18/85 -3- ( 4183d ) It �YLt L cl r- R; M I-AMHC2o R2aRA-0 Rk .w;....,.�.. R2Ir CIA R2 R 2 R2 R2� �r . 2 n.aNtasr•[t i! RS c _..• ! �•• t r R2-0-PO �vb "lg`: '•t'i � R4 RZ R2 rj • ..•tip. z �: 1 1: i •! RI al '--_ .. C2-0—CD _.. C2-0 .. 4 ���. ��J . ,� -� t �,s, R 2 ,ct� .' R2.040i; 4�:- '3 P2.0 Rt ; RI ~ , f • Q� �doR R2 I: ,�_. a r R2�� I C2 O-CO }f R5-0-CD ; �-o-Q �4: R2 3 'T�wl 00 S' 1 Rt•aca R2.0 r C� vejo -� CF-C i CF-E-CD ""' �'�" { R2-0-CD k RA t .. ..... y...., , ...�, -r-..� R 2 C 2 CF-E-CD ! �Jv '�-�-0__ R2-0 R2 A2 w -CID Q G RI W ......... IFT 1224-9 Ffl)NfFW(:7pM1 ti!1Cli HUNTINGTON REACH PLANNING DIVISION t Page 3 - Council Minutes - 10/14/85 ening of the . municipal pier and the dedication of the End Cafe. Mr. Cook tha ittee of city employees. EMPLOYEE SUGGESTION AWARD The Mayor presented a plaque and a chec 500 to f ormer Public Works Department employee Karl Huy for his suggestion traffic engineer- ing count program. PUBLIC:BEARING t- APPM TO PC CONDITIONS TO APPROVAL OF ONE 5c"1AR EXTFXSION OF TM F -- 6MUM PC — BMTE5 CONDITION #2- OEM FEE To BE PAID —MANSION KILL CO The Mayor announced that t is was the day and hour set for the continuance of a public hearing opened august 19, 1985 and continued open from September 16, 1985 for the purpose of considering an appeal filed by Stephen Gunther, han- lion Hill Co. , to the Planning Commission's conditions of approval of a one- year extension of time with conditions for Tentative Tract No. 11417 pursuant to Section 9941 of the Huntington Beach Ordinance Code within the R2-0-PD-CD (Medium Density-Oil Production-Planned Development-Civic District) , R2-0-PD, and R2-0 Districts. Mansion Hill is appealing the Planning Commission's imposition of conditions on the granting of an extension of time. The subject property is located at the northeast corner of Yorktown Avenue and Main Street. Jim Palin, Development Services Director, stated that Council had been provided with a communication from the City Attoraey 's Office dated 0r.tober 14, 1965 reco=ending that Council delete the condition relative to park and recreation fees. Art DeLaLozA, Deput;l City Attorney, stated for the record: "The recommenda- tion from the City Attorney' s Office was that in effect even though you don' t call it a condition the City may impose and receive the higher and 1983 fees for the granting of this particular request; so even though you don't call it a condition those fees are in effect as of 1983 and therefore Would apply to this particular application." Roger Work, representing Mansion Properties, requested Council approval of the ext--nsion of Tentative Tract No. 11417 with removal of the condition that the project shall be subject to current park and recreation fees. There being no one present to speak on the matter and there being no protests filed, either oral or a-ritten, the hearing was closed by the Mayor. Following discussion, a motion was made by MacAllister, seconded by Mandic , to continue to October 21., 1985 a decision on the appeal filers by Stephen Gunther, Mansion Hill Company, to the Planning Commission's imposition of con- ditions on the granting of an extension of time for Tentative Tract No. 11417; the purpose of the continuance to give Councilmembers time to review a commun- ication received October 14, 1965 from the City Attorney's Office. The motion failed by the following roll call vote: AYES: MacAllister, Mandic, Groen NOES: Kelly, Bailey, Finley NOT VOTING: Th oma s ABSENT: None ox Page 4 - Council Minutes - 10/14/85 ' A' motion was made by Finley, seconaed by. Kelly, to overrule the Planning .Com- miesion's , ipproval of. . the one-year 'extension with conditions for Tentative Tract 111417 - (Revised) by deleting ,the ,condition of the requirement to pay the current fees, with the. full understanding that the City , shall.."collect,,the current park and recreation fees. The motion carried by the following roll call vote: AYES: Kelly, Mandic,, Bailey, Finley NOES: . Macali-ater, Green NOT VOTING: Thomas ABSENT: Noise PUELIC HEARING -CODE AMENDMENT 85-11 - BOARD OF ZONING ADJUSTMENTS - TABLED Th yor ,annnunced that this was the day and hour set for a public ,hearing open my 15, 1985 and continued open from September 16, 1985 for,. the pur- pose o nsidering a code .amendment to revise Article 961 of the Huutington Beach Ord nce Code covering the make-up, public notice requirements, and areas of re nsibility of the Board of Zoning Adjustments. On motion by Ba ey, second Kelly, Council tabled consideration of Code Amend- ment No. 85-11 b he fallowing roll call vote: AYES: Kelly, cAllister, Mandic, Bailey, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None PUBLIC ':HEARING > -- :ZONE CHANGE -11 - -APPROVED AS ,AMENDED - ORD NO 2803 - INTRODUCTION APPROVED - ATLANTIC IWHFIM CO The 'Mayor announced that this was th ay and hour set for a public hearing to consider a request to redesignate .51 re service station site from C4 (High- way Commercial) to C4-SS (Highway Comm ial - Service Station) for the pur- pose of remodeling and establishing a can nience market. The subject site is located on the northeast corner of Beach Bo vard and Garfield Avenue. The Mayor stated that City Council would alp consider Negative Declaration No. 85-39 assessing the environmental effects a one Change No. 85-11. The City 'Clerk announced that all legal requireme s for notification, publi- cation and posting had been met , and that she had ceived no communications or Vritten protests to the matter. Jim Patin, rirector of Development Services presente a staff report. he stated that a communicarion dated September 10, 1985 ha been received from George Buccola, property owner of the vacant parcel front on Garfield Ave- nue, east of , the subject site, stating his concern that t parking may be inadequate arA that the setback requirements could adversell ect his devel- opment options. Mr. Buccola suggested that a "Q" Qualified Zo be `placed on the .property so the owner would be' required to do the following 1) provide parking based on parking requirements for other retail esta;s;lishm s, and 2) prohibit placement of signs, outdoor storage, pump ;elands, etc. , such a way as to block the view of Mr. Buccola's site. 33 t STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) On this `�f day of �'�_':�: •'�'�: %'� , 190, before me, the undersigned, a Notary Public in and for said C66nty and State personaliy appeared NORMAN BURNAM, managing Trustee of the Burnam Family Trust of 1982, known to me (or proved to me on b of satisfactory evidence) to be one. of the partners of UWC-HUNTINGTON the basis y j BEACH LTD., A CALIFORNIA LIMITED PARTNERSHIP, said partnership being known to s: !ale to be one of the partners of MANSION HILL, A CALIFORNIA PARTNERSHIP, the partnership that executed the within instrument and acknowledged to me that he executed the same as one of the partners of the partnership first above named, that said partnership first above named executed the same as one of the partners of said ' . MANSION HILL, A CALIFORNIA PARTNERSHIP, and that said partnership last above named executed the same. WITNESS my hand and official seal. / ', ':, Sul iArA LtWls ► ft:y: c cs.,rerPZiA / . �rr.rr 1 1 r!�/f r . ,�..jf../:"�/f.• 1 n�1'I I.'i At f:C�il•L i}') Juliana Lewisr rn, 1,::. , • .._. ... ..:' -. a . .... ,. • 1 . i� STATE OF CALIFORNIA ) ss: ! COUNTY OF ORAtrE ) On this /�1 day of lg�.�.�. before me, a Notary Public in and for said County a dK state, personally appeared known to me to be the Mayor and 1 /� y_ known to me to be the City Clerk Of the City of Huntington Beach, the municipal corporation that executed the within instrument, known to ms to be the p«rlxone who executed the _ within instrument on behalf of said municipal corporation and acknowledged to me that such municipal corporation executed the same. OFFICIAL SEAL CONNIE A BROCKWAY V - 4? Yo. r t:DTAN NCLIC -CALIFORIVA ,q,• s' 01NNGE MILINlY +'` Nr Comm. up'res OCI 10. 1' • • 15 . NOTICE& All notices required or rmitted here- under shall be delivered in person or by regis Bred cr certi- fied mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place 'designated in writing by such party . lb . ENTIRETY: . The foregoing represents the entire Agreement between t'he parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their officers thereunto duly authorized upon the day, month and year first above written . MANSION HILL, a General Partnership MANSION PROPERTIES, INC. , CITY OF HUNTINGTON BEACH a California corporation a municipal corporation of the State of California o nson, S I DENT Robert an ic, r . , MAYOR A./a C ark SECRETARY/TREASURER U.W.C. -- HUNTINGTON BEACH, LTD. , a California Limited Partnership By: The Burnam FamilyTrust of 1982 , as General. Partner . Norman Burnam TRUSTEE INITIATED AND APPROVED: APPROVED AS TO FORM: Paul Cook Gai Hutton DIRECTOR OF PUBLIC WORKS CITY ATTORNEY REVIEWED & APPROVED ATTESTi Af a � ar es 1-0 V fentWdrth CITY ADMINISTRATOR CITY CLERK 1113E:12/20/85 7 . STATE OF CALIFORNIA � ss. COUNTY OF ORANGE ) On this 13 day of January 1986, before me, the undersigned, a Notary Public in and for said State, personally appeared J.W.Johnson , known to me to be the President , and A.J.C1ark , known to me to be the Secretary-Treasurer of MANSION PROPERTIES, INC., the corporation that executed the within instrument and personally known to me or proved to me on the basis of satisfactory evidence to be the persons whose names are subscribed to the within instrument on behalf of said corporation, said corporation being known to me to be a general partner of MANSION HILL, the California general partnership that executed the within instrument and acknowledged to rr,e that said corporation executed the same pur.::jant to its bylaws or a resolution of its Board of Directors as a General Partner of MANSION HILL, a California genera; partnership, and acknowledged that such general partnership executed the same. 'A'ITNESS my hand and official seal. Signa tU ` J OFFICIAL uEAL __•. SHIPLEY M. EKSTROM Notary Publlc-Callfomla 4. ORANGE COUNTY jL41 c(xrr,. Exp. Nov.M tt�88 Shirley M. Ekstrom Name (typed or printed) (This area reserved for of'Yicial seal) My commission expires. 11/25/88 T � I r ! r WHEN RECORDED, RETURN TO: RICHARDS , WATSON, DREYFUSS & GERSHON Attorneys at Law t, '' t• �; ist0. � ,' 333 Sou,ln Hope Street , 38th Floor Los Angeles , CA 90.071 Att : Mr . Mark L. Lamken NOTICE OF DECLARATION OF ANNEXATION TRACT 12249 ORANGE COUNTY, CALIFORNIA by : Dul,;;I j 1,I l;; .; lei 00J r This Declaration of Annexation is made this � day of t , 198,:, by Mansion Hill a California partnership (hereinafter referred to as "Declarant" ) , with reference to the following :acts : A.. . Reference . is hereby made to that certain Declara- tion of Covenants , Conditions and RestrictioDs for Lots 2- and 3 • of -Tract 12027 , recorded- on November 2 , 1984 , as Document No . • 84-451850 , Official Records of Orange County, . Californ,ia , as amended by Amendment to Declaration of Covenants , Conditions � and Restrictions , recorded on April 15 , 1985, as Instrument No. 85-131207 , Official Records of Orange County, California , (hereinafter collectively referred to as "Declaration" ) . B. Declarant is the sole owner of Lot 1 of Tract 12249 , more particularly described hereinbelow. Said real pro- perty constitu+.es a portion of the real property described in Section 2 , Article II , and Exhibit A, of said Declaration. C . Section 2 of Article II of the Declaration pro•- vides that all or any parts of the real property described in Exhibit A thereto may be annexed to Lots 2 and 3 of Tract 12027 and added to the scheme of the Declaration and subjected to the Jurisdiction of the Pacific Ranch Homeowners Association, upon the conditions stated in said Section, by the filing of a Dec- laration of Annexation, pursuant to Section 4 of said Article II . D. Lot 1 of Tract 12249 complies with the conditions stated in Section 2 of Article II . NOW, THEREFORE, Declarant declares that that certain real property situate in the City of Huntington Beach, County of Orange, State of California, described as : Lot 1 in Tract 12249 as per Map thereof recorded on , 198 , in Hook , Pages through , inclusive , of Maps , in the oYfice of the County Recorder of Orange County, California , and referred to hereinafter as "Residential Lot , " Is and it shall hereafter be held , transferred , sold , conveyed and occupied subject to the covenants , restrictions, charges and liens set forth in that certain Declaration: of Covenants , Conditions and Restrictions recorded on November 2 , 1984 , as Document No . 84-451850 , Official Records of Orange County, State of California , as amended by Amendment to Declaration of c. An easement in favor of the Association for ingress and egress and for the use and enjoyment of the common facilities and common open space within. the Common Area of the Annexed Property for the use and benefit of a1J of the members of the Association, be- ing all Owners within the Project, inc.lucillq thtj Property, all properties annexed thereto and the. 1►nneked Property, in accordance with Article I1 of the Declaration. d. The rights of Declarant to convey parking• spaces , and parking easements as provided in Article XV of the Declaration. ARTICLE III PROPORTIONATE SHARES FOR COMMON EXPENSES Section;,1 . The proportionate shares of the 0aners . of the respective condominiums in the common expenses of the Com- mon Areas and Common Facilities Areas of the project, including both the Existing Property, and other properties heretofore annexed : thergto,• .and .the. Annexed Property shalt be' 'one-two huh- dred ninety eighth ( 1/298 ) . Section 2 . Said proportionate shares are applicable to Owners of . all units within the Project , as that term is defined in the Declaration, and may be modified upon annexation of additional properties as provided in Section 4 of Article VI of the Declaration . ARTICLE IV EFFECT OIL DECLARATION In all other respects , the Declaration, as supple- mented and modified hereby, shall be and remain in full force And effect and shall be applicable to and govern the Units and Common Area annexed hereby as though set forth , in full herein. ARTICLE V INCORPORATION OF AGREEMENT Appended hereto, and made a part hereof as though set forth in full , is the written commitment of Declarant to --3- 960t?? at 044MMLL,(0) contribute to the reserves of the Association under certain circumstances more fully SL ` forth in the append-id material . IN WITNESS WHEREOF, the under.3igned , being the Declar- ant herein, has executed this Instrument the day and year first above written . MANSION HILL ,I A California Partnership By: MANSION PROPER'TIESr INC. A California Corporation, Partner By : By . ( — S By: UWC-HUNTINGTON BEACH LTD. , A California Limited Partnership, Partner A� Ft"�'�'� '' �''; 1'�'rt�►_;t• By : The Burnam Family Trust of 1982 i'•11 ' By Norman Burnam, Trustee i STATE Oi= CALIFORNIA ) COUNTY OF LOS ANGELES � ss. On tliis �:" day o! . 1 t 11 r1 1 Public in:nd for said Caurjty and State 198�, before me, the undersigned, a Notary managing Trustee of the Burnam FSta lly Personally appeared NORMAN BURNAM the basis of satisfactory evidence) to be one of Vi of c pa ' known to rrte (or proved tr. �;;e o BEACH LTD., A CALIFORNIA LIMOITEp PAftTNCRS n Me to be one of il�e partners of Mg11N51 partners of UWC..I-IUNT!NGTpN f 1iP, said partnership being known to partnership that executed the witliin Instrument and acknowledged ON HILL, A CALIFORNIA PARTNERSHIP, tile executed the sarne as one of the nowf�•dged to me that lie partners of the partnersl�tp first above named, that said partnership first above Warned executed the same as one of tile M111�VSiQN ifILL, A CALiFORNiA PARTNERSHIP and t na►ned exer_t�ted the same. 1e partners of said hat said partnership last above WITNESS my 11and and of ficial seal. LORI A. TURITZ NOW?* rimur ��� f•uiN,irM nrra't a t f lt)5 ANrtlI7 coupoy -- ;•�,U,� M��Ca�mn�sscn Ep�res;eCt.f I,ly8l < • Ali eset;: i)NMMLL il) • AGREEMENT I i The undersigned, being the Declarant named in the Declaration of Annexation to, which .this Agreement . is attachid hereby, agree ' that it will , upon. closing of the sale of the- first Unit referred to .n said Declaration of Annexation pay tc the. Pacif1c Ranch Homeowners Association , an amount, equa ,. to these re serves .for replacement or deferred maintenace of the Common Area improvements and the Common Facilities Area improvements within the real property described in said' Declar- ation of 'Annexation 'necessitated by or arising out of the use and . occupancy of the residences under, any rental program con-- 'ducted by Declarant (or its predecessors in interest ) which has been in effect for not less than one year prior to the date of closing of said first Unit . �{ 71i Gated : .1 7j� tiANSION HILL CaliforniaPartnership A p By : MANSION PRQPERTIES, INC . • A California Corporation, Partner .� By: Vic fA*Sjj70vrr Byte G s .YfLs--•- By : UWC-HUNTINGTON BEACH LTD. , A California Limited Partnership, Par�.:ner By : The Burnam Family Trust of 1982 By Norman Burnam, Trustee I � I 060122 pf 0426MLL10) STATE OF CALIFORNIA ) ss . COUNTY OF LOS ANGELES ) On this , day cf 19 , before me the un ern gne , a Notary Public in andfor said County and State, personally appeared the basis of satisfactory evidence) to be partners of , a partnership, sal part-- nership being known to me (or proved to me on the basis of satisfactory evidence) to be one of the partners of UWC Huntington Beach, Ltd. , the partnership, that executed the with- in instrument, and acknowledged to me Zhat they executed the same as partners of the partnership first above named, that said partnership executed the same as the partner of Mansion Hill , and that said named partnership executed the same. Notary Public to and for sal County and State STATE OF CALIFORNIA ) ss . COUNTY OF ORANGE ) On L���b , before me , the undersigned, a acin Notary Pub and or aid County and State, personally appeared . T. H personally known to me (or proved to me on the basis of satisfactory evidence ) to be the Ut_c.r_. President, and A. I Cluk personally known to me (cr proved to me on the basis of- satin-factory evidence) to be the Seclel[ry • Tre s�lrer s a" of Mansion Properties , Inc. the corporation that executed the within instrument and personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of said corpo:ation, said gorporation being known to me to be one of the partners of Mansion Hill. , the partnership that executed the within instru- cr:alit , and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same . Notary blic ` in and for s County and State 0,=FICIAL SEAL SHIRLEY M. EKSTROM Notary Pub11a-63wornla ORANGE COUN I'Y W 122 p! 11476NLL id 1 Subordination The undersigned, Beneficiary under that certain deed of trust recorded. on February 14 , 1984 , as Instrument No. 84- 061343 , Official Records of Orange County, California , hereby consents to the within said Noticed Declaration of hnnexztion for Tract 12249 and hereby subordinates the lien of said deed of trust to the said Declaration. WELLS FARGO BANK I By STATE OF CALIFORNIA ) ss . COUNTY OF ) On , before me, the undersigned, a Notary Public in and for said County and state, personally appeared _ , personally known to me !or proved tc me un the asis of satisfactory evidence ) 'to be the President , and personally known to me (or prove2 to me on the asis o satisfactory evidence ) to be the Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of thys corporation therein named, and acknowledged to me that ouch corporation executed Che within instrument pursuant to its by-laws or a resolution of .its board of directors . Notary Pu lic in an for saki County and State 36 M of 0426ML!(0) � T O i.,a.1 Hutton,Uly Attorney CITY OF HUNTINGTON BEACH, CALIFORNIA (' ; 190 i Itmtit tiri lir.n h, CA 926•18 A MUNICIPAL CORPORATION Ttiis is to certify that the policies of insurance as described below havo boon inued to the insured by tl;e undersigned and are in force at this time. If these policies ate cancelled or changed in such a manner that will affect this certificate, the insurance company agrees to give 3(y) bays prior written notice, by mail, to City of Huntington Beach, P. 0. Box 711. Huntington Beach, California 92648. ALL ITEMS MUST BE COMPLETED, ANY DELETION OR CHANGE IN THIS FORM SHALL BE SIGNED AND DATED BY AN AUTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY THE. CITY ATTORNEY. Name of Insured I'sr�Iaa HILL, A C�ZLRMT, PA11�ITU'611IP w Address of Insured 520 Broa&-ay, Suite 100 Sang Monica, CA 90401 Location of Work or Operations to be performed various locations in California — Description of Work or Operations Develot>--r LIMITS OF LIABILITY NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effective Expiration P In Thousands(l7oo) GENERAL LIABILITY {ti{) COMPREHENSIVE FORM Cl?806213 9-30-$5 9-30^86 s 5on, csL Safeco Insurance Co. PREMISES—OPERATIONS i Each Occurance l 1 EXPLOSION AND COLLAFSE HAZARD LYl UNDERGROUND HAZARD (KI PRODUCTS COMPLETED OPERATIONS HAZARD IXI CONTRACTUAL INSURANCE (BLANKET) SKI BROAD FORM PROPERTY DAMAGE IXl INDEPENDENT CONTRACTORS LKI PERSONAL INJURY aCI,U ION "C`t U AUTOMOBILE LIABILITY tKI COMPREHENSIVE FORM BAB06213 9-30-85 9-30-86 s 500� Safeco Insurance Co. NJ OWNED �L Each Occurance K) HIRED (r{j NON-OWNED EXCESS LIABILITY NJ UMBRELLA FORM Pending 10-1-85 9-30-86 S 2&00, Western Brokers/ ( ) OTHER THAN Issuance lhiiversal Security UMBRELLA FORM Insurance Co. WORKERS'COMPENSATION 1`C 606213 9-30-85 9-30-86 Safeco Insurance Co. rind EMPLOYERS' LIABILITY Additional Insured Endorsement: The insurer agrees that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committees, Commissions, boards and any other City Council appointed body, and/or elective and appointive officers,servants or employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for the acts of the insured,dnd such insurance shall be primary to any insurance of the City of Huntington Beach,as their interest may appear. 7A :, Novetr>;�_r 21 1985 Data AUTHORIZED REPRESENTATIV F I SU Att�CE MP l�INSURANCE COMPANY 5afeco Insurance CO. By Lvle L. Sandlin/fgbi f. `' . M1,yersal Sti: ti;:-Y JaMjranre CD. Addrixa P. 0. Box 54679, TeijAinal Annex -- Address % Sandlin & ASSOC. Insurance Agency city Los Angeles,_CA 90054-0679 City P. U. Box 54b/9, TA Los Angeles, CA 90051 1 f�l 3l 7'71—SSAA Telephone -^........�. HOLD HARMLESS AGREEMENT (to be executed by insurod) The insured ' .agrees to protect, defend, indemnify, save, and hold harmless the City of Huntington Beach its officers, agents, and employees sgains' any liability, loss, damage, cost, or expense by reason of any and all liability, suits, claims, demands, judgments and causes of action caused by insured, his employees, agents or any subcontractor or by any third party arising out of or In consequence of the performance of all or any operations or activity for which this certificate of insurance is furnished. '(1) Sole Proprietorship (2) Psrtnorship (3) Corporation 14) Other (state) HOLD HARMLESS SIGNED: By Insured: IMNSION HILL, A G04MXL PAM4rM1IP � IAII nam#v shall be printed or typed BY: lA C-11LNPINM4 BLA014 LTU. , A CXa MM4IA LIMITED PAMIOMSHIP, below each.siptrtattire.) (MVPAL PARTNER A i': `111I: BUMN-1 rAl-TILY TRUST OF' 1982, GMERAL PARTNER II Corporation,TYVO Officm must sign,or prwrnt avidena of authoritirtion to hind Corpomtitns. f c 1 , Bu ul, 'rylurm- i I i i I i l • � .:� ,liirl • �•� y �f: , ., . .� .i 40814 ►lurtu:+,LILY .ttornry t CITY 01' HUNTINGTON BEACH, CALIFOKNIA > cl1 .'.Its+ i;, A MUNICIPAL CORPORATION ., �-r� .`•�... � �•::.��" _. - - tt: t is it, r-vtzllti th-it the milieles of insurance as described tMlow hAve b�ann rsued to the inturod by the undcrsignPd And ern in !cart ,►t rh t :++ . It t lo:sa policies Pre ranenllnd or ehanyad in such a rtannor that will Affect this cr:rtificnte, thn insurance company e,*rC# • to jivtt 'lei ring orior writicn ,notice, try mr.rl, to City of Huntington Roach, P. 0. Bnx 711, Huntington Bwich, California 92646. ALt. ITEM,; MUST EtL COMPLETED, ANY DELETICN OFi CHANGE IN THIS FORM SHALL BE SIGNED AN[) BATED BY A.% AUTHOR):'_ED RE PRESENTATIVE OF THE INSURANCE: COMPANY AND MUST BE APPROVED IN WRITING BY THE CI'►'`t ATTORNEY, rtANTSIM 1111J,v it General. Partnrmrship Name of Insured Address of Insurrcl 520 Broadway , Suite 100 , Santa Monica , California 90401� Location of 11lor< or Operation; to be performed Sl:.a c t 12249 , Huntington Beach California Descriptinn of Work or Operations ---- ..._ ..'.­+r�sR"r..._.._�-_ PDLTCYDATES LIMITS OF LIABILITY NAME OF COMPANY POLICIES UN FORCE POLICY NO. Effnetive t Exoirttbn In Thousands (OW) (INS.) GENERAL LIABILITY COMPREHENSIVE i-ORlls S C5L l I PREMISES - OPERATIONS Each Occurence t 1 EXPLOSION AND COLLAPSE HAZARD I 1 UNDERGROUND HAZARD ( 1 PRODUCT;. COMPLETED OPERATIONS HAZARD I CONTRAC"•UAL INSURANCE ( 1 BFJOAD FGR'.s PROPERTY DAMAGE I I INDEPENDENT CONTRACTORS F I PERSONAL INJURY AUTOMOBILE LIABILITY ( I COMPREHE" SIVE FORM ( i OWNS U S CSL Each Occuranc• 1 HIRED ( 1 NO-N-OWI ED EXCESS LIABILITY E 1 UMBRELLA Fonm S ( 1 OTHER THAN UMBRELLA FORti', WORKERS'COMPENSATION and EMPLOYERS' LIABILITY Additional Insu,-ed Endorsement: The insurer agrr!es that the City of Huntington Beach and its City Council, and/or all City Council appointed groups, committee:•, commissions, bt-ards and any other City Council appointed body, and/or elective and appointive officers, servants or employees of the City of Huntington Beach, when acting as s,jch are additional insureds hereunder, for the acts of the insured, and such insurance sha'i be primary to any of the City of Huntirqtnn Beach, as their interest may appear. � Date . - 1.=1-•1.-I 1 -^l9U AUTHCPIZED f1EPRESENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY By Name Addrou Addrvsi city 0.v TalapF: na t-.ti eery^-•per-;r.-r..r.^-xsr-err-r.^•i.�e—r-r..arrr.x�a�sr-•.rs.bra-rs^r-ra-^-r:..-x<r��•��r-s..-.=.-�......_...�..._ •--_ .,. .--'_ -.-.�.. ---. _.,�..__..�� 'HOLD HARMLESS`AGREEMENT �b4t `!to tea oxecuted ht'insured) The insured illsion Hi ,1 ---,r7rees to protect, dif and, indamn iy, save, and hold hArmlttss the City of Huntington Beach itt 0111cors, age:nis, and emp'oynes agair,lt any liability, loss, damape, co , or exnenm b , reason of any and all liability, suits, cld+ntt, demands, judgments and eausc+s of action caused by Incur d, his ernnloyees, agents or any subcontractor or by any thiid party arisen; out of or in consaquonce of the psrf�rmant:e of II ore o erelions or activity fpr wF cti h' f'c __iinn,, c i ;niched. A1Fu'�JSI01 et•'I PArLnershlpi fi1�� � ,. a General. Partner - HOLD 1<0&1Lkt%SiG,NED: py Insur«f. r 'jail names ihetl ete'rtrtnt>rcl ci tyt:ud J . W J U H PI S O N Title . Q r lr'yS r(Q n t t►albty taich moon'.+4-1 t'llvinsur ..," 7is4 Secretary/TI•�asurer A . J . LARD '-!t CaSjsn atP�� , YY;q'.C�tli�e"ri'nsl�rs'ilari,0r are++nt nridance'of authorit,stiats to binJ Cc+rpvrotlan. R000 Plain St.rr.:c:t: �_V_ 1%W ov, 1 .B. , CA 92648 A MUNICIPAL. CORPORATION his is to certify that the policiet of Insurance at deietibed below havn been issued to the insured by the undersigned and are in fnttr t this time. If these politics are cancelled or changed in such a manner that will effect this certificate, the insurance company atir"91 o ylva ]f) Gast srrior written no0ce, by mail, to City of (iuntington Beech, P. O. (inx 711, Huntington Bosch, California 92648. ALL, TEIAS MUST BE COMPLETED, ANY DELETION OR CHANGE IN TlilS FORM SHALL BE SIGNEri AND DATED BY Ali UTHORIZED REPRESENTATIVE OF THE INSURANCE COMPANY AND MUST BE APPROVED IN WRITING BY,THE. CITY TTpRNEY. ameof Insured URBAN _NE5T C01V1UNITIES �11atl�i4n H�1� ddsus of Insurad -520 Broadway, 'Suite 1001 Santa 11onica, Cal i fornix- .___9Og01 ocation of Work or Opereliont to be performed —filTntl ng ton Beach. .a 1 j to-m a— (f3escription of Work orOperalions -- Trait No. 12242 ��wa...r■va...waww .�rarrw.+r .. .. • �.•ra►..use+a�•w+rma�.+.v+earrarwcarasesa .ra.zarzaaa•u1 . LIMITS OF L;At1ILITY' --NAME OF COMPANY POLICIES IN FORCE POLICY NO. Effnetive Expiration In Thaitands(000) (INS.) GENERAL LIABILITY r 9/30/06 ( COMPRENENSIVE FORM I I PREMISES -• OPERATIONS t CSL Each Occuranu I EXPLOSION AND COLLAPSE HAZARD ' ( J UNDERGROUNO :IAZARD ( J PRODUCTS COMPLETED OPERATIONS HAZARD J J .CONTRACTUAL INSURANCE J J BROAD;FORM PROPERTY DAMAGE INOEPENVENT CONTRACI'JRS , ( I PERSONAL INJURY ..„::•,-AUTOMOBILE LIABILITY 9/30/86 I COMPREHENSIVE FORM , 1 I OWNEDGSL Each Oomrance J J HIRED I I NON•t7tiY�JL•D EXCESS LIABILITY 9/30/86 ( J UMBRELLA FORM S i ,( I OTHER THAN UMBIELLA FORM ' WORKERS'COMPENSATION 9/30/86 and EMPLOYERS' LIABILITY Addillooss Insured Endotiement: The in%uter Ayrret that Ithe City of Huntington Beach and Its City Council, and/or all City Council appointed groups, committee, cammissiont, tipards and any other City Council appointed body, and/or elective and appointive olficcrt,savants of employees of the City of Huntington Beach, when acting as such are additional insureds hereunder, for 1he acts of the Insured,and such insurance shall be primacy to aity insurance of the City of Huntington Beach, as their interest may appear, March 1906 AUTHORIZE0 rtl:rnc-SENTATIVE OF INSURANCE COMPANY INSURANCE COMPANY ......._. .r........_ By --- •'Nama Addreal ' Addreea ..._............-- City --� c4ty Telephone ....,.....,,...,•.r..,r.a�n.x.......,a......rn.,.�.Bea..r..rs..�..a..»a..�a..a,s-...,acs,r... a....,�.rase,t..A 1.1A 4.QL' ' AJ�GESS�AGnSEMET�N. 011110 be executed by Insurad) The Insuiecf oyreas to fsrolact, defend, indemnify, tern, and hold harmiaes the Clty of Huntington teach Its officers, slenls, and employ Is sg4lnst any Ilebility, lost, damage, cost, or expense by reason of any and ell liability, suits, claims, demands, judgments and causal of action caused by Insured, his employees,silents or any subcontractor or by any third ptirfy,arltsnq out of or In consarluence of the performance of all at any operations or ectlYlly for which this cartificatn of insurance is furnished, r91111§ale Propticfor.Ahip (2) Partnership (3) Corporation (4) Other (state) tIML9'j�Jl�ill� l�,t ! €I�i !*., By Insurrds U.R�LN— 111E T O MU .�x'I ji. ...,...._,•r ------ A' area IoAll;lmptll+leet.arlVµod 101..1 `k;::� By Inured: — Tl:1e BY T�:P I1N '1' i t PRESIDENT ,w d pNNla � 1�If�'ARI4n-mutrag�t�;IR!'i o"nt�tFirlenairt,�t�e��lnrlrwel�on is filn—a ,o7lioNt Ion r•,., • TNI •MIOICAN IN.UAANC, COMPANY -._._.� "at 1N/ut 9UA/11 C".0"AAIt," Premium: S 474.00 MEMANs run .11POC1A110 104PIF +N 11I COh9.0A411011 IMMANCCCOHMNICS 4M9 A1CAN AVION091Is IN�YAANC� CONIAM► SUROV I S l Orr I Mr'POMIENT BOND - FAITHFUL PERFORMANCE (CALUORMIA) . Whereas , City of Huntington Beach D' :: I)_-iIat.• G1i. • t.LLviix f State of California , and Mansion IIil1► A General Partnership (hereinafter designated as "principal ") have entered nto an agreement wherely principal agrees to install and complete certain designated public improvements , which said agreement, dated , 19 and identified as oro,iect Tract 12249 - Pacific Ranch • is hereby referred to and made a part hereof; and Whereas,,. Sa'i.d Or.Inc101 is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Plow, therefore, we, the nrincinai and The Atnsican Insurance Camnany , as surety, are held and firmly bound unto tile Citv of-�Huntin' ton Beach - hereinafter ca a aee , n t e penal sum o Sixtv Zhree Thousand oneliurx1red -Six ty.1ine dollars and 96 100-•-- ------ ----------- o ars --63 169.96----- lawful money.-of. tlie ' n to tates , for the payment o Which sum we and truly to be mane , we bind ourselves , our heirs , successors , executors and administrators , ,jointly and severally, firmly by there presents. The condition of this obligation is such that if the above hounded r)r' incip' al ; his or its heirs , executors , administrators , successors or assinns , shall in all things stand to and . abide hy, and well and truly keep and, Perform the covenant!vt conditions and provisions in the said agreement and any alteration thereof made as therein provided. on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the Obligee, its officers, agents ' and employees , as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable exnenses and fees , including reasonable attorneys fees , incurred by the Oblinee in successfully enforcing suet: obligation, all to be taxed as costs and included in any Judgement rendered. The surety herehy. .stipulates and agrees that no change , extension of time, alteration or addition to the terms of the agreement or to the work to be Performed thereunder or the specifications ac'companyino the same shall in anywise affect its obligations on this band , and it does hereby waive notice of any such change . extension of .time , alteration or addition to the terms of the agreement of to the 'work or to the specifications . In witness whereof, this instrument has been duly executed by the principal and surety above named. on January 31st 19 86 Kunsion IiiL1► 11 General Partnership The Nrican Insurance an -`� 7ncip`al ; - urety -� r ' •r �; if > BY; untinaton Beach, Ltd. ,_ A �. 114 • ,',� Limited Partnership, partner ,[on �. I?ulx�ey-Srni,fh' ttorne-I n-l'ac t . BY: Eau -un rcamily T UMCL of 1982 J 17542 F. Seventeenth Street 13Y Nonnan Burnam, Truscce Tustin, (.1, 92630 Maress fs!-�iaf� I • /•f j t I STATE: OF Calt.IEORNE Ls. • t County of On this._.__31s .__...�___...._��y of--__January. ... •in the )-cur._ ...W... ��Q�... . .._.._.,__..;..;bcf,�rr ntr; a7ligaty Public to and for said IfJS elt:�s _..._..... _ .count --_. . �_._._..._.__..._... .. ....... .... .... .._.. -...county..date of California,tcsldulY thrrun,duly cuntnuslicfacd and sworn.personally Jean A. Qiutoe —Situ ' appeared_ �!_..._.__tr1......_._....___._..._.._.__..___..__�]personally knuNn ru me,!'�nrnvd to we on rhr.lwsls of satlsractory evidence to be the person whose name is subscribed to this instrument as the attorney in fact or_` he.Alilrl.can..Tnsu.'arl.ee_ i and aclnuw1cd8ed to rile that[)he& she subscribed the namc of..._Jczn as surety, and ❑ his M her own namc as attorney in fact. IN WITNESS WHEKEUF, I have hereunto set my hand and iflixed m)- official seal. ti,e J,,y and )cur stated-ill this certificate ahusc. I .) Notary. 'u tIC ...-_...___...... commission expire. .. july, 22,..,19$8....,,.._....._._.__..__. t awwa—,•aa i STATE OF CALIFORNIA ) ) ss. COUNTY 01 LOS ANGELES ) On 3I 19 V, before me, thy midersibned, if Nolary Public` in arld Im. Said County and Sale, personally appeared NORMAN BURNAM, known to the (ur prfwed to nle on the basis of satisfactory evidence) to be Trustee: of Till_ NURNAM FAMILY TRUST OF 1982, known to file to be the General Partner of WIC•1IUNTINGTON BEACH LTD., A California Limited ll irtnerbhip, sitid parttierbhip beiftb known to nee.• to be une of the General Partners of MANSION HILL, A California Par•tne►Sttip, tier partnership that executed the within instrument and acknowledged to tile that he executed the Sallie as one of the partners of the partnership first above flamed, that said partnership first above named executed the same as one of the partners of said MANSION HILL, A General Partnership, and that said partnership last above named executed the Saute. WITNESS illy hand and off icial seal. C .a.o...........,,,...� ..,�...,�.......,, Sherry St. >j ;.t;. SNFFtI;'i SHAFER .�w 1+01ANY f'Ureki-CAM 4•Unt11� lopo If YJ+ 1•ini;S li'At Vi ICI.Ill y1ut'# lob AhUtt:S CUUHIY �I�i0. I.Ir Crumtswn Epp lire 8, ISd� r �r d Nuntington Seach Planning Commission P.O. BOX 190 CALIFORNIA 92648 August 3 , 1983 TENTATIVE TRACT 110. 11417 REVISED (CUP 83-21.) APPLICANT: Mansion Properties , Inc . ✓ Urban West Communities 2110 Main Street: Huntington Beach , Cif 92648 ' REQUEST: To permit a one lot subdivision for condo- miniurn purposes . LOCATION : South side of. Clay Avenue between train and Huntington Streets . DATE, m7 I,PFROVAL: August_ 2 , 1983 I'lN.:DINGS F011 AI'I?RnVAL: 1 . The proposed subdivision of this 46 . 89 'acre parcel of' land zoned R2-O-PD is 1.ralQsed to be constructed havi nc; 1 2 . 9 uni t:s per gross acre . 2 . The general plarn has set forth provisions for this type of land use , as well as setti na forth objectives for the impl errientation of this type of housing . r 3 . The property was previously studied for this .intensity of land use at the time the land use desir,nat.ion for medium density resi- dential was placed on the Property . 4 . The proposed project under Tentative Tract No . 11417 Revised is consistent with all elements of the Cit.y ' s General Plan . 5 . The lot si ::e , dept--h , front acle , street %-.idths , and through the usr of a special permit , Bill other design and .implementation features of the l_roposed subdivision are proposed to be constructed in compliance with standard plans and specifications nn file with the City as well as in compliance %,i th the State St►odivi sion Clap � Act and supplementary City subdivision ordinance . CONDITIONS OF APPROVAL: � } 1 . The tentative tract recr.i' ve;1 and dated June 30 , 1983 , shall be � the approved tentative tract . • 1 .r "-T 11417 REVISED Aug. 3, 19$3 Page ' 2 t . 2 . All conditions adopted by the Planning Commission For Tentative Tract 11417 on April 5 , 1983 , shall remain in effect for the re- vised tentative tract approval . I hereby certify that Tentative Tract No. 11417 Revised , was approved by the Planning Conunission of the City of Huntington Beach , on Tuesday , ' August 3 , 1983 , upon the foregoing conditions and citations . !eery truly- yours , 3� ames W. Palin `' 1 Secretary : j1m i i i I A Planning Commission • 4pril 5 , 1983 Page 8 ` 3 . The property was previously studied for this intensity of land use at the time the land use designation for medium density resi- dential was placed on the property . 4 . The proposed project-. under Tentative 'Tract 11417 , Revised , is consistent with all elements of the . C.ity ' s General Plan . 5 . The lot size , depth , frontar.e, street widths and , through the use of a special permit , all other design and implementation features of the proposed subdivision are proposed to be constructed in com- pliance with standard plans and specifications on file with the ' Cit, , . as well as in compliance with the State Subdivision Map Act . . and supplementary City subdivision ordinance . • CONDITIONS OF APPROVAL - CONDITIONAL USE PEFMIT NO. 81-8 : 1 . The site plan dated march 10 , 1983 and the floor plans , elevations and other pertinent data received and dated February 23 , 1983 , shall be the approved layout , floor plans and elevations . 2 . Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers . ' 3 . t.atural gas shall be stubbed in at the locati.-)ns of cooking facili - ties , water he:sters , and central. ht`ati•n,� units . 4 . Low volume heads shall be used in all showers and spigots . t 5 . All building spoils , such as unused lumber , wire , pipe and other surplus or unusable materials shall be disposed of at an offsite facility equipped to handle them. E 6 . Energy efficient lighting , such as high pressure sodium vapor lamps , shall be used in parking lots and recreational areas , and shall be designed to prevent spillage oi-.to adjacent areas . 7 . All approved drives shall be considered required fire lanes and " shall be signed as such to the approval of the Huntington Beach Fire Department . 8 . �' The-_CC&R' s_ 'and, association, rules shall set o.rt.h provisions to �prohibit,,Ehe storage..of,recreatio,nal„vehi.cles• ugc n„-dd- ig'ned ,ope' parkingspaces Within the, project t i 9 . all dwelling units shall be constructed in cempli.ance with state acoustical standards set forth for all those units that lie withain the 60 CNEL contours of the -property . 10 . Construction techniques recommended in the geological report on 1 file for the project shi311 be undertaken to the satisfaction of the Director of Development Services . ..,.!•.+.tT,""1Y""�.RAM!", ""i"*..i..,.�...,�,i•n....r«..1....0......,. ,.,.._.r.-w...�.•.y-rrrn,,..w.....�•-•�!r•.+y...t..Y-....... ts�.•!- -..,..,.,w;+y«r..•.... y�.�.t..f..+. :yvta"•.....y 11 •Prio' "to ''.th.e. " . . , .�" zecoraat3o`.n o£ '-, •..aA.., �nal;..niap, ,the. C�:6R. s�zfor...�he�Fytiaje"ci` tanning Commission j 19.8 3 9 shalt be submitted to the Department of Development Services for Y review, to assure compliance with all applicable conditions of , approval , and to the Attorney ' s office for review as to legal form. 12 . A i rivµte drives used to provide ingress and egress for oil P P 9 9 operations shall be required ;o be constructed with a street sectic.;. the same as those constructed for local. streets . 13 . Off-island wells shall be converted to common open space under the ownership and maintenance of the homeowner ' s association at such time as oil operations cease . The abandonment and clearing of the . site of oil operation equipment shall be the responsibility of the oil operator . The homeowner ' s association shall. be responsible for the installation and maintenance of all landscaping to convert the areas to common open space . The developer shall be required , prior to the recordation of the final map, to provide cost estimates and establish an interest-bearing account in she name of the home-owner ' s association sufficient in amount: 'to convert these areas to common opera space. 14 . The internal antenna systern throughout- the entire project shall be designee to provide each homeowner with the option of commercial cable system or a non-corrsnerc:i al antenna system c•sned and operated by ti.e homeowner ' s association . CONMITIONS OF APPROVAL - TENTATIVE TIU,CT NO. 11417 REVISED : 1 . The tentative tract received and dated February 23 , 1983 , shall be the approved tentative: tract . 2 . Sewer , water and fire try drar. t systems shall be subject to City standard plans and sp- cifications as adopted by the City Council . 3 . If the Department of Public VIcrks determines that stater pressure for the proposed project is not adequate , the developer sha? 1 con- struct a City-maintained , master planned water pressure booster- station or construct a private onsite booster station within the development. a . The master planned booster pump station will serve a large area , and the developer will be eligible for reimbursement from other properties within they service area as they develop . The onsite water system will be public and will. be maintained by the Cty. I 4 . If the developer chooses to buil,: i3 private booster station , a master meter will be required in the Hain line prior to the rooster pump and the onsite water facility will be privately aintained . This systern should be designed so that when tiie master planned booster station is cons'Lru<<ted , the tt act can easily connect to the system, thus eliminating the private j booster station. 4 . All sewer mains shall be constructed to Public Works standards co H,g. Planning Commission ' April 5 , 1rie3 Page 1� and all onsite sewer mains shall be privately owned and operated . 5 . The developer shall construct the necessary master planned storm drain facilities to serve the tract . The developer is also re- quired to eliminate the cross-gutter in Huntington Street south of Cleveland Street . All onsite drainage facilities shall be private, except for the major pipeline that. conveys the Plain Street urainage•. An easement shall be dedicated to the City for this storm drain , per City standards., . 6 . Unless the developer requests to incorporate the public parkway landscaping on Clay Avenue and Huntington Street into his onsite landscaping scheme and enter into a parkway landscape agreer.,.nt.. • landscaping within the public right-of-way shall be construc:t.ed ner City standards . 7 . Clay Avenue and Huntington Street shall be reconstructed to the centerlines of the streets . !-lain Street shall be totally recon- strt..:':cd on the east side unless the developer ' s street horings indicate other construction Lieatment should be considered . Street improvements fronting on both the Seacliff Office Ccmple}: and the . shopping center shall - be completed in ccnjunct=.%:jn wit' Tentative Tract 11417 , Main Street improvements . The median in t•lain Street from Clay Avenue to the existing median fronting the Sea-- cliff Office Complex. shall be constructed by the developer . The developer will be eligible for reimbursement from the property owner on the west side of Blain Street upon development of this � property . The width of the sidewalk on Clay Avenue and Huntington Street shall be maintained at a minimum of four feet around any obstructions (poles , fire hydrants , etc . ) . Sidewalks shall be constructed over the "not-a-part" parcel along Yorktown Avenue. 8 . The existing traffic signal conduit facility at Yorktown Avenue and Lake Street is presently installed for a "T" intersection . Therefore, the developer shall install the necessary modification to upgrade the conduit system to a four-way traffic signal inter- section . The developer shall also participate in 25 percent of the cost of the future signalization of this intersection . 9 . Specially ordered street lights have been previously purchased by the City fo: the Main Street median . The developer shall purchase these street lights from the City and install. them as required . 10 . Except where private entry drives intersect Yorktown Avenue , Clay .Avenue , Main Street and Huntington Street , vehicular access rights to said streets shall be dedicated to the City of Huntington Beach . DYES : lliguins , Winchell , I.ivengood , Erskine , Schumacher , Mirjahangir NOES : None ABSENT: Porter. ABSTAIN : None