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HomeMy WebLinkAboutFINAL TRACT MAP 14892 PORTION OF TTRACT 14009 - NORTHWEST CO Council/Agency Meeting Held: b& 7 Deferred/Continued to: UAp rove ❑ Con di Tonally pproved ❑ Denied City Cler s Signature Council Meeting Date: June 16, 1997 Department ID Number: PW 97-048 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City Administrator PREPARED BY: LES M. JONES II, Director of Public Works SUBJECT: Reduction of Improvement Securities -- Tract No . 14891 and 14892 Statement of issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental ZRLtachment(_T Statement of Issue: Seacliff Partners has completed a portion of the public improvements for Tract Nos. 14.891 and 14892 (The Hamptons) and is requesting a reduction in the Faithful Performance Bond pursuant to provisions of the Subdivision Map Act. Funding Source: x z Not applicable. n Recommended Action: o t co , 1. Accept Rider Nos. 161227S and 161225S for Tract Nos. 14891 and 14892, reduRID-g ke Faithful Performance Bond from $742,000.00 to $185,500.00 and $494,00t:0)0"to $123,500.00 respectively. This represents a 75% completion of the required public improvements. 2. Instruct the City Clerk to notify the developer, Seacliff Partners, and the City Treasurer to notify the bonding company of this action. Alternative Action(s): Deny the recommended action. f REQUEST FOR COUNCIL ACTION MEETING DATE: June 16, 1997 DEPARTMENT ID NUMBER: PW 97-048 Analysis: On July 18, 1994, the City Council approved Final Map Nos. 14891 and 14892 and accepted Bonds for Faithful Performance/Labor & Material and Monuments. The developer has completed 75% of the required curb, gutter, sidewalk, street paving, water, sewer and storm drain construction and is requesting that the Faithful Performance Bond be reduced by 75% pursuant to California Government Code, Section 66499.7(a) and Huntington Beach Municipal Ordinance, Section 255.16F. The City Engineer has determined that the partial completion of said improvements have been constructed in substantial compliance with the approved plans and specifications, and recommends approval of the requested bond reduction. Following is a list of project data: Subdivider: Seacliff Partners, 520 Broadway, Ste. 100, Santo Monica, Ca. 90401 Engineer: Hunsaker &Assoc., Three Hughes, Irvine, Ca. 92718 Location: Tr. No. 14891 (Northwest corner of Garfield Ave. & Goldenwest St.) Tr. No. 14892 (Northeast corner of Garfield Ave. & Edwards St.) Acreage: Tr. No. 14891 (20.373 Acres) Tr. No. 14892 (14.997 Acres) No. of Lots: Tr. No. 14891 (74 Lots) Tr. No. 14892 (47 Lots) Zone: Holly-Seacliff Specific Plan Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page Number 1 Location Map 2 Bond Rider Nos. 161227S and 161225S RCA Author: B. Crosby, phone extension 5247. 0025792.01 -2- 06/02/97 11:34 AM EXHIBIT # 1 AD let — MC Q MC PAD EN t EDINOML HEIL WARNER • — — — •` ` SLATER TAIBFICr . ` GARiDUZ YORKTOWN J� ADAMS ELLiS 1 INDIANArouS 1•• - AILANTAT UJLLU li HAMIJ - W 3 Tli WPZ / HAMILTON O � J y (9 BANNING A0 3 � n W GARFI11D SITE ' FIT 14891 1R� HUNTINGTON BEACH PUNNING DIVISION go ARGOSY g • I a a MC PAD AN Ns FDTKGM _ HEt WARNER • — — — •` ` slwTFx �p • 7AM r � • • �s � 'ggqg GARFUUM / YORX'rOWN ADAMS r u r i ULM 1 DIDuxAPOLIS : �• ATIANfA W 1 1 Z HAS 4 / HAMU-TOM C 1 ,� t9 BAttNIDiR7 W SITE ' Agh - FIT 14892 1 R� HUNTINGTON BEACH PLANNING DIVISION F/E 1N C {y C/mks 0 �� EXHIBIT #2 RIDER BOND NUMBER • 161225S 7- § Y DEVELOPERS I NS'URANCE< COMPANY l�Z80F.Ifi_CHasSUITE 200_ d- - ` .,. IRVINE _ ._ CA,, 9.2,614 DATE OF NOTICE BOND NUMBER TYPE OF BOND 03-07-1997 161225S SUBDIVISION IMPROV. OFFSITE Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. 0 B CITY OF HUNTINGTON BEACH L P 0 BOX 190 I G HUNTINGTON BEACH CA 92648 E E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective 6-10-1996 This Rider is on behalf of SEACLIFF PARTNERS , A CALIFORNI GENERAL PARTNERSHIP and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that: EFFECTIVE 3-4-97 AMEND BOND AMOUNT TO READ: $123 ,500.00 z Provided, however, that the liability of the P company under the attached bond as changed R by this order shall not be cumulative. O e9 U HALLMARK ASSOC INS SERVICES 0�0gAtt°� is dayof C SANDLIN & ASSOCIATES gOv �� ttoY� 07 MARCH 1997 E PO BOX 769 AVY TS R DOWNEY CA ja t. 11"15C OBLIGEE PY By AlEgIgn ins 1aPOWER OF ATTORNEY OF ra4NITY COMPANY OF CALIFORAD AND DEVELOPERS INSURANCE COMPANY No 269458 P.O.BOX 19725,IRVINE,CA 92713•V14)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,1999. 'e 2. This Power of Attomey is void if altered or if any portion is erased. �- 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact,but should remain a permanent part of the obligee's records. .KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each se'veraly but not jointly,hereby make,constitute and appoint - � ***PAULINE M. MCLEAN, TONY ALVARADO, SHERIE L. BELL, C. V. BRINK, PRISCILLA FERREIRA, .. ESTHER MARTINEZ, PAT PERAZA,TIRESA TAAFUA,JOINTLY OR SEVERALLY*** q � the true and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an"ariiount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attomey(s)-In-Fact full power and authority " to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorneyis ranted and is signed b facsimile under and b authori of the following resolutions adopted b the respective Board of Directors of INDEMNITY � 9 9 Y Y authority 9 P Y i�� COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: __- RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of _ n 9 YO Y 9suretyship; tary Atforriey,qualifyin the attome s named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings contracts of and that the Secretary —or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attomey or to any certificate relating thereto by facsimile,and any such :F Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking of contract of suretyship to which it is attached. IN WI NESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severalty caused these presents to be signed by their respective `Presidents and attested by their respective Secretaries this 14th day of June,1995. s INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY BY s D e F.Vincenti,Jr. ONPANYO D to F.Vincenti,Jr. P5`Nsun, President ,GO POq'f v President C� OP 4 OCT.5 o r—*, - MAR.27 0 - 1967 n .ATTEST 1979 z+. /F P By, * By Wafter Crowell Wafter , ell ` Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On June 14,1995,before me,C.V.Brink,personally appeared Dante F.Vincenti,Jr.and Walter Croweli,.personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Ware subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ii+ + C.V.BRINK Si nature COMM.#1036712 0 9 a �� NOTARY PUBM-CliL1FORNIA } ORANGE COUNTY j My Comm.Exp.Aug.21.1998 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of t is Certificate. This Certificate is executed in the City of Irvine,California,this--7--day of ,1992. (INDEMNITY COMPANY OF CALIFORNIA ONpANYOF DEVELOPERS INSURANCE COMPANY C,%\tASUR R AGO pOggT�,9 Q�P)OPPO {r0� B. z= OCT.5 o T B4a, J R.27 0 Y L.C.Fiebiger y 1967 Y L.C.Fiebiger �� 1979 Senior Vice President �y (rF Rt��pi� Senior Vice President 0 4 rF rosin RFV O/M RIDER BOND NUMBER • .161227S, DEVELOPERS INSURANCE COMPANY, 177 DATE OF NOTICE BOND NUMBER TYPE OF BOND Nothing herein contained shall be held to vary, waive, alter, or extend any of the terms, conditions, agreements, or warranties of the above mentioned bond, other than stated as below. O B CITY OF HUNTING BEACH I P 0 BOX 190 G HUNTINGTON BEACH CA 92648 E E Gentlemen: This Rider is to be attached to and form a part of the above captioned bond effective This Rider is on behalf of 6-10-1996 SEACLIFF PARTNERS , A CALIFORNI GENERAL PARTNERSHIP and in favor of the Obligee stated above. In consideration of the premium charged, it is understood and agreed, effective from above date, that EFFECTIVE 3-4-97 AMEND BOND AMOUNT TO READ: 185 ,500. 00 4 Provided, however,�t� th,e liability of the P company under the attached bond as changed R by this order shall not be cumulative. O D U HALLMARK ASSOC INS SERVICES Signed this day of C SANDLIN & ASSOCIATES 07 MARCH 1997 R PO BOX 769 DOWNEY CA 90241 By IP75C IC0 OBLIGEE COPY ESTHER WINEZ 4 SCt--M .r POVY�ER OF ATTORNEY OF I MNITY COMPANY OF CALIFORI� F' AND DEVELOPERS INSURANCE COMPANY N° 26944 1 P.O.BOX 19725,IRVINE,CA 92713•(714)263-3300 ` NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31 st day of March,1999. n= 2. This Power of Attorney is void if altered or if any portion is erased. �4 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 0 Y 4. This Power of Attorney should not be returned to the Attomey(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,,but not jointly,hereby make,constitute and appoint ***PAULINE M. MCLEAN,TONY ALVARADO, SHERIE L. BELL, C.V. BRINK, PRISCILLA FERREIRA, ` ESTHER MARTINEZ, PAT PERAZA,TIRESA TAAFUA,JOINTLY OR SEVERALLY*** the true and lawful Attomey(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship m an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000)in any single undertaking;giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to every act necessary, ., perform ery requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations furl �1 power of substitution and revocation;and all of the acts of said Attomey(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any dice President of the corporation be,and that each of them hereby is,authorized to execute Powers of ;,Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or'oonVact of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF-CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective 'residents and attested by their respective Secretaries this 14th day of June,1995. ;- INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY a • U ` 24� � By . � Dal4e F.Vincenti,Jr. ONPANYOF D to F.Vincenti,Jr. Q5\NPOR�NG' t. President a�'0 POgq p President Q� OP 41 F ATTEST — MAR.27 0 x t 1967 �� ��O 1979 r Z (IF PN� �� /FOPi BY Wafter Crowell Wafter rowel) Secretary _ Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On June 14,1995,before me,C.V.Brink,personally appeared Dante F.Vincenti,Jr,and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(as),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seat. C.V. BRINK COMM.81036712 � Signature ° NOTARY PUBIJC-CALIFORNIA� o! ORANGE COUNTY i MY Comm.Up.Aug.21.1998� CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date offtthis Certificate. This Certificate is executed in the City of Irvine,California,this day of. L— 199-. IINDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY Q�PANYO� 9\NSURq Q.�POAPO �fCF O n 8 B ,— MAR.27 � . y L.C.Fiebiger y 1967 a Y L.C.Fiebiger , 1979 Senior Vice President ��i (fF pN�P l``� Senior Vice President IFO ID-310 REV.(2/96) •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 24,1997 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, California 90401 The City Council of the City of Huntington Beach at the regular meeting held June 16, 1997, approved to accept Rider Nos. 161227S and 161225S for Tract Nos. 1489.1 and 14892, reducing the Faithful Performance Bond from $742,000 to $185,000 and $494,000 to $123,000 respectively. This represents a 75% completion of the required public improvements. Enclosed is a copy of the action agenda for your records. Sincerely, Connie Brockway I City Clerk CB:jc Enclosure: Action Agenda Page G:fb11oNwp:cashcon/agrmtlrSeadiff/jc (Telephone:714.536.5227) Page 8 - Council/Agency Agenda - 06/16/97 (8) E-10. (City Council) Approval Of Plans And Specifications & Authorization To Advertise For Bids - Fiber-Optics Cable From The Civic Center To The Water Operations Building (PN 17033) - Approval Of Sample Contract (600.80) - 1. Approve the project plans and specifications and authorize the Director of Public Works to solicit bids for the construction of the Fiber Optics Cable from the Civic Center to the Water Operations Building; PN 17033; and 2. approve and authorize execution of the attached sample contract, subject to award of the contract to the lowest responsive/responsible bidder. Submitted by the Public Works Director [Approved (Harman: Absent)] E-11. (Cily Council) Outside Attorney Fees For Police Department & Other Personnel Labor Grievances -Amendment To City Attorney Budget - Resolution No. 97-36 - Amendment To Legal Services Contracts With Woodruff. Sprodlin & Smart: Thelin Marin; Johnson & Bridges: Meyer Cobal & Palmer: Liebert. Cassidy & Frierson: Rexon, Freedman. Kelpetar & Hambleton (320.45) - 1. Amend the City's Attorney's budget by appropriating $50,000 to the City Attorney's legal services account No. E-AA-AT- 131-4-05-00 to fund outside attorney services to assist the City Attorney in representing management in personnel litigation and grievances; and 2. adopt Resolution No. 97-36 "A Resolution Of The City Council Of The City Of Huntington Beach Authorizing The City Attorney To Enter Into Certain Legal Services Agreements"with Woodruff, Spradlin & Smart; Thelin Marin, Johnson & Bridges; Meyer, Cobal and Palmer; Liebert, Cassidy & Frierson; and Rexon, Freedman, Kelpetar& Hambleton to permit the City to expend in excess of $10,000 for each firm's services. Submitted by the City Attorney [Approved (Harman: Absent)] E-12. (City Council) Appointment Of Public Works Commissioner- Dina Gartland (110.20) -Appoint Dina Gartland to fill the remainder of Gerald Chapman's term to expire June 30, 1997 and also to a full four year term beginning July 1, 1997 and ending June 30, 2001. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] E-13. (City Council) Reduction Of Improvement Securities -Tract No. 14891 - n/w Corner Garfield/Goldenwest & Tract No. 14892 - n/e Corner Of Garfield/Edwards (The Hamptons) Seacliff Partners (420.60) - 1. Accept Rider Nos. 161227S and 161225S Indemnity Company of California & (Developers Insurance Company) for Tract Nos. 14891 and 14892, reducing the Faithful Performance Bond from $742,000 to $185,500 and $494,000 to $123,500 respectively. This represents a 75% completion of the required public improvements; and 2. approve Subdivision Agreement between the City and Seabridge Group, LLC and authorize execution by the Mayor and City Clerk. Submitted by the Public Works Director [Approved 6-0 (Harman: Absent)] (8) WHEN RECORDED MAIL TO: DOC u 9`0739124 0 f—Al. G-199 s. 0 : ass PM City of Huntington Beach P.O. Box 190 Recorded inOfficial Seconds Huntington Beach, Ca. 92648 of granse County, Califor)lia Attn: City Clerk sai'Y t . Gra11Yi)ie, Clerk-Recorl er Face i of 4 Fees: S 0.00 fax: $ 0.01,1 (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR The Huntington Beach Co. .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach,Ca.92660 ThP t lndar<ignPd C1rantor Signature of Declarant or Agent determining tax-Firm Name AP #159-431-08 EASEMENT GRANT DEED tk FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE HUNTINGTON BEACH COMPANY, V a California corporation, Successor-in Interest by merger with Huntington Pacific Corporation, a California corporation, does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of I Huntington Beach, County of Orange, State of California,described as (� AN EASEMENT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT 'B', BOTH ATTACHED HERETO AND BY THIS r: REFERENCE MADE A PART HEREOF. 6644L Tax-Exempt-Government Agency CITY OF HUNTINGTON BE;#Qlg HUNTINGTON BEACH COMPANY, a California Dated Z - - s Connie Brockway, CMc corporation, Successor-in Interest by merger with Huntington Y erk Pacific Corporation,a California corporation STATE OF CALIFORNIA ) 1By' V. COUNTY OF ORANGE ) Deputy City Clerk On reLf3 p_L>ptR 9 Ot 9 5 before me, By 4w• ' - �ieG President AMOt�IA I�• ALOE I�oN personally appeared b. J• S t-k fy.t_1_-1 and .3. S. La P E Z By a2. personally known to me (or proved to me on the basis of Affij kmvl-Secretary satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that hr}51je/they executed the same in his><her/their authorized capacity(ies), and that by 44 er/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s)acted,executed the instrument. RAMONA AM.#.CALDERON ib COM 967922 zWITNESS my hand and official seal. Nola ERN CUN'TYry irna n f My comm.expires JUN 15.1996 SignatureQ �U)1l. Notarf Public (This area for official notarial seal) Thi(�'WdK ht is solely for the o-0ficial business of the City MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROVED AS TO FORA: of HuntinT,ton Bot3�h, as ccntem- GAIL HUTTON, City Attorney plated under Government Code By•; Deputy City Attorney Sec. 6103 and should be recorded f� ,,.oa of -bAV0A_ EXHIBIT "A" LEGAL DESCRIPTION OF ACCESS EASEMENT That portion of Parcel C of Lot Line Adjustment LL 94— (� , in the City of Huntington Beach, County of Orange, State of California, recorded 14X11- Z 7 , 1995, as Instrument No. 95— 0.177,F 4 Z of Official Records of said County, lying southerly of a line joining the northerly termini of those certain curves in the boundary of Lot "C" of Tract No. 14892 as per map filed in Book 713, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, shown on said tract as having radii of 59.00 feet. As more particularly shown on Exhibit `B" attached hereto and made a part hereof. OF SS/ McCAN . COCD aCD No.23956 * Exp.12131/97 CIV11. P 9�OF CALV Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/97 February 7, 1995 Page 1 of 1 W.O. 1078-12 H&A Legal No.3803B By: M.Wyatt Ck'd J. Stablein/th De! 779 WHEN RECORDED MAIL TO: 3 . 00 95-0 �t lilt' �. — DG 4 - -99 , '�t�� , F . City of Huntington Beach Rai0r''j -n Offi_ 'P.O. Box 190 , RecorijsOf Lra"� County, Huntington Beach, Ca. 92648 f CaIifcrttz.; Attn: City Clerk ray 31y:f. I;7.11r=.c?°: Clerk-fiw_er:er r�Yc: $ (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR Seacliff Partners .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach,Ca.92660 The Undersigned Grantor Signature of Declarant or Agent determining tax—Firm Name AP #159-431-02 EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEACLIFF PARTNERS, a California general partnership, does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of Huntington Beach,County of Orange, State of California, described as AN EASEMENT FOR POLICE AND FIRE DEPARTMENT ACCESS PURPOSES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT 'B', BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Tax-Exempt-Government Agency - CITY OF HUNTINGTON $EACHEACLIFF PARTNERS,a California general partnership Dated Connie Brockway, CMC (y er STATE OF CALIFORNIA ) By; (SEE ATTACHED SIGNATURE PAGE) COUNTY OF ORANGE ) Deputy City Clerk 79y — President On before me, personally appeared By Secretary and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) .on the APPROVED AS TO FOR14:1 instrument the person(s) or the entity upon behalf of which the GAIL HUTTON„ City Attorney person(s) acted, executed the instrument. By:, Deputy City Attorney WITNESS my hand and official seal. yjZy� Signature _ Notary Public (This area for official notarial seal) This document is solely for the (H&A#3803c) official business of the City MAIL TAX STATEMENTS AS DIRECTED ABOVE of Huntinryton 3oach, as contem- plated under Coverrmteiit Code Sec. 6103 and should be recorde( P___ _n --- Signature page of Easement Grant Deed for H & A Legal #3803c SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP By: PACIFIC COAST HOMES, A CALIFORNIA CORPORATION; GENERAL PARTNER AND BENEFICIARY UNDER A DEED OF TRUST RECORDED AS INSTRUMENT NO, 90-165737 OF OFFICIAL RECORDS. By: By: L. O'Connor, Vice President .J. LopezfAss6mt Secretary By: UWC-SEACLIFF L.P., A CALIFORNIA LIMITED PARTNERSHIP; GENERAL PARTNER By4 EW URBAN WEST, INC., A CALIFORNIA CORPORATION; GEN, L ARTNER 1 By: By: �'1r Stephen Gunther, President Cindy J.�onSecretary e5 (Notary Acknowledgments attached) CALIFORNIA ALL-PURPOACKNOWLEDGMENT No.5907 State of Count of :�y�3 On s c�uc 9 tq qS before me, R&fA0PXK C'At_b E'2mrt , DAQ NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared Go K r-k o �• L.o P E L NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ?stare subscribed to the within instrument and ac- knowledged to me that +heishe/they executed the same in -hisih r/their authorized capacity(ies), and that by hiefher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. RAMONA A.CALDERON COMM.*%7922 :-� Nc1arYPubllC-Cc"O'nio WITNESS my hand and official seal. KERN COUNTY MY COMM,expires JUN 15,1996 "IAMk SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSACKNOWLEDGMENT No.5907 State of 6A4,1rPitA/ �3 y5 County of Los fi•� �«s On FEi324_.a-+z.. /3j 99 s before me, F4v `P. H4-r�-wf AlvzL,- ., A4131-;c- DATE NAME,TITLE OF OFFICER-E.G., NOTARY PUBLIC" personally appeared A,vA &-1Nav NAME(S)OF SIGNER(S) FA personally known to me - OR - ❑ to be the person(s) whose name(s) is40b subscribed to the within instrument and ac- knowledged to me that he/shektfgYexecuted the same in his/herojeir authorized capacity(ies), and that by his/herd signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS m——��'e"1- y h nd and official seal. FAY D.MATHEWS COMM.#1015930 z z i (&MNotory Public—CoGfomiaLOS ANGELES COUNTYSIGNATURE OF NOTARY y Comm.Expyes FEB 2,i998 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.;P.O.Box 7184•Canoga Park,CA 91309-7184 5 EXHIBIT "A" LEGAL DESCRIPTION OF ACCESS EASEMENT Parcel B of Lot Line Adjustment LL 94-� , in the City of Huntington Beach, County of Orange, State of California,recorded , /t r7 , 1995, as Instrument No. 95- 0/77P!77- of Official records of said County, As more particularly shown on Exhibit `B" attached hereto and made a part hereof. Q k0FESS/p McGgN�Fyc' CO 2 2 w No.23956 m * Exp.12131/97 OF �FCX� Tom R. McGannon,R.C.E. 23956 Registration Expires: 12/31/97 February.7, 1995 Page 1 of I W.O. 1078-12 H&A Legal No.3803C By: M.Wyatt Cled J. Stablein/fh SCALE: T = 50' EXHIBIT "By" SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF ACCESS EASEMENT OVER PARCEL B OF LOT LINE ADJUSTMENT NO. LLA94- INST. NO. 95- 0.13, IN-THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA D P 7 8 01 0 7 A 79407'., 1 --N89*41'44"W 79.49'---'CD — q % N00*18'16"E N89*41'44"W 122.00' N iv& 142.00. 'C' dvo N89041*44"W 122.00' D A Pf"-':-- O C;p 21' A 4 2' ......... '.121' 21' CN 11 D. K7, 411 LLJw % fo w Z z LLj LLj C14 cli W t I CURVE DATA co W Ib b C1 Q CURVE DELTA RADIUS LENGTH cr A,) Z Z ..... C1 09010'57" 49.00' 7.85' 0 ..... (") C2 108023'46" 61.00' 115.40* f C3 53007'48* 59.00' 54.71' Z D .X. C4 233007'48" 41.00' 166.82' 20.00' C5 90001'53" 34.00' 53.43' N89043'37"W C6 90001'53" 55.00' 86.42' C4 Prepared For: Seacliff Partners Hunsaker & Associates H. & A. Legal No. 3803C Irvine, Inc. Date: February, 1995 W.O. No. 1078-1-12 Planning-Engineering-Surveying Prepared By: M. Wyatt Checked by: J. Stablein Three Hughes, Irvine, CA 92718 (714) 583-1010 r/ 1ii i�. !_1nj_r=rP7 WHEN RECORDED MAIL TO: ;";A _ �j_ �F City of Huntington Beach P.O. Box 190 KEarnrdRd 1,� Of;trial Rerords of Orange County. Califori=.i•j Huntington Beach, Ca. 92648 t ary ttr•3i•1:ii L.Aerr._r=,.-.M1.. Attn: City C er ` ltcz c.ae�r. Rc ui uc1 vJan 1 of. 7 Fees: s 0.00 Tax: $ 0.00 (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR Seacliff Partners .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach, Ca.92660 The t)ndprsignpd Grantor Signature of Declarant or Agent determining tax—Firm Name AP #159-431-02 EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEACLIFF PARTNERS, a California general partnership, does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of Huntington Beach, County of Orange, State of California, described as D AN EASEMENT FOR ACCESS RIGHTS FOR THE PURPOSE OF MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING A WATER SYSTEM, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT 'B', BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A,-.,,,- f PART HEREOF Tax-Exempt-Government Agency 'CITY OF HUNTINGTON BEACH r ` (� q Connie Brockway, CMC SEACLIFF PARTNERS, a California general partnership Dated `l - l City Clerk STATE OF CALIFORNIA ) Deputy City Clerk (SEE ATTACHED SIGNATURE PAGE) COUNTY OF ORANGE ) By President On before me, personally appeared By - Secretary and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity0es), and that by his/her/their signature(s) on the APPROVED AS TO FORINI: instrument the person(s) or the entity upon behalf of which the GAIL HUTTON, City Attorney person(s) acted, executed the instrument. By:. Deputy City Attorney WITNESS my hand and official seal. e9e V/.9S Signature Notary Public This d6ciiment Is solely for the (This area for official notarial seal) off(14&A348dst1�31n©ss of the City of 11untinZton Bosch as contem-MAIL TAX STATEMENTS AS DIRECTED ABOVE plated tinder Gov'orrmwnt Code Sec. 6103 and should be recorded free of ehnriaa,_ Signature page of Easement Grant Deed for H &A Legal #3803a SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP By: PACIFIC COAST HOMES, A CALIFORNIA CORPORATION; GENERAL PARTNER AND BENEFICIARY UNDER A DEED OF TRUST RECORDED AS INSTRUMENT NO, 90-165737 OF OFFICIAL RECORDS. By: By: D.L. O'Connor, Vice President .J. Lop , As6Aant Secretary By: UWC-SEACLIFF L.P., A CALIFORNIA LIMITED PARTNERSHIP; GENERAL PARTNER By: NEW URBAN WEST, INC., A CALIFORNIA CORPORATION; GE RTNER By: By: Stephen Gunther, President Cindy J Oro , Secretary (Notary Acknowledgments attached) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of nrLZ6,A91 �rkmc) On" t o before me, N A L D E letc13_, D NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personally appeared O Cme,go cF_ S• J. LbI?E a , NAME(S)OF SIGNER(S) [ .personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within instrument and ac- knowledged to me that he/6he/they executed the same in /their authorized capacity(ies), and that by his�her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the RAMONA A.CALDERON persons) acted, executed the instrument. <QMY COMM.4%7922 Z Notary Public-Cafifomlo KERN COUNTY comm.expuesJUN 15,19% WITNESS my hand and official seal. qP r ILA SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE La q;; .1 a R;. " "R M --------;;P_;� . . .I., ;_ 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • No.5907 State of County of Los AAlc�c�s On FeStzy6jW 13, 199 S before me ;G7•v `D• /`1�r�,�ws it/�Ly /000"ei- DATE I NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC' personally appeared s7z1-PHjevr aw,.r-r�-� e_."Wo J FW-VN4"1 , NAME(S)OF SIG ER(S) personally known to me - OR - to be the person(s) whose name(s) is/ re subscribed to-the-within instrument and ac- knowledged to me that he/she/tie executed the same in his/her/ authorized capacity(ies), and that by his/here signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. •��.. A, WITNESS my hand and official seal. • FAY D.MATHEWS a COMM.#1015M z z Notary Public—cautorrvo a LOS ANGELES COUNTY SIGNATURE OF NOTARY My Corson.Expnea FES 2.1998 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 f 4 e � • EXHIBIT "A" LEGAL DESCRIPTION OF ACCESS EASEMENT Parcel B of Lot Line Adjustment LL 94— !y , in the City of Huntington Beach, County of Orange, State of California,recorded.,,V0//- zr , 1995, as Instrument No. 95— 47/77FyL of Official records of said County, As more particularly shown on Exhibit `B" attached hereto and made a part hereof. QROFEssro McGq�, Fy CO �o� Doti CZ w No.23956 m Exp. 12131/97 z CIVIL P f OF CAL1� Tom R. McGannon,R.C.E. 23956 Registration Expires: 12/31/97 February 7, 1995 Page 1 of 1 W.O. 1078-12 H&A Legal No.3803A By: A Wyatt Ck'd J. Stablein/fh SCALE: 1' = 50' EXHIBIT SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF ACCESS EASEMENT OVER PARCEL B OF LOT LINE ADJUSTMENT NO. LLA94- , INST. NO:"95- 0.13, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA .26 .: .?...... �`* `N80°31.00. w 1 N89041'44"W 79-49'_ , o . N00018'16'E Vti N89041'44"W 122.00' N N 42.00' ro N o , C'� N89°41'44"W 122.00' N Gh O OW A i tT�O W0 C14 2' ......... . . ........ .?: . 21' 21' co cc CD o 0 N N :� :•"• Ww NJ gCC Z I i4r . . _.._. _J W W N N W � CURVE DATA CO A;P,% % - 0 I z z CURVE DELTA RADIUS LENGTH �' C1 09°10'57' 49.00 7.85' (� € C2 108°23'46" 61.00' 115.40' C3 53°07'48" 59.00' 54.71' Z . 00 '�:: C4 233°07'48" 41.00' 166.82' Y 20.00' '. C5 90oOl'53* 34.00' 53.43' V N89°43'37'W C6 90°01'53' 55.00' 86.42' O Cr '. .:i'.r ....... i"t .. C4 ..,:.�..... . . . . ....... .. Prepared For: Seacliff Partners Hunsaker & Associates H. & A. Legal No. 3803A Irvine, Inc. Date: February, 1995 W.0. No. f 09'8-1-12 Planning•Engineering•Surveying Prepared By: M. Wyatt Checked by: J. Stable,*�� Three Hughes, Irvine, CA 92718 (714) 583-1010 WHEN RECORDED MAIL TO: Itc # 5-0 391 17 07—As GG-1 :95 02 m 1 3 PM City of Huntington Beach 7 P.O. Box 190 °ecorded in [Sfficial Records Huntington Beach, Ca. 92648 Of Gran-e COLIO'Y7 Cahfonlia Attn: City Clerk Geary L. Granville, Clerk-Recorder Page I Of i Fees: v.�tV Tax'. (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR The Huntington Beach Co. .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach,Ca. 92660 The tJnrfercignert Grantor Signature of Declarant or Agent determining tax-Firm Name T _h AP #159-431-08 EASEMENT GRANT DEED �5 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE HUNTINGTON BEACH COMPANY, a California corporation, Successor-in Interest by merger with Huntington Pacific Corporation, a California corporation, does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of Huntington Beach, County of Orange, State of California,described as AN EASEMENT FOR ACCESS RIGHTS FOR THE PURPOSE OF MAINTAINING, SERVICING, CLEANING, REPAIRING AND REPLACING A WATER SYSTEM, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT '13% BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A PII PART HEREOF. .Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH Connie Brockway, CMC _ City Clerk THE HUNTINGTON BEACH COMPANY, 'a California _ By: Dated z - �cJ corporation, Successor-in Interest by merger with Huntington er Pacific Corporation,a California corporation STATE OF CALIFORNIA ) COUNTY OF ORANGE ) J L t LS before me, By On �EB2UAR`� � O � � ice• President 2 ANIOt�I t4 A . CA.t-D E,le 6K personally appeared © . J , 5N Al.t and J - J- L6 Pa z a2 z,� personally known to me (or proved to me on the basis of Af*By satisfactory evidence) to be the person(s) whose name(s) 1gare yf!! Secretary subscribed to the within instrument and acknowledged to me that +mA4@/they executed the same in hisAw/their authorized capacity(ies), and that by hit%er/their signature(s) on the instrument the person(s) or the entity upon behalf of which the RAMONA A.CALDERON person(s)acted, executed the instrument. COMM.4967922 _ Notory Public-CaUfomlo KERN COUNTY QPMV WITNESS my hand and official seal. comm.expires JUN 15.1996 Signature Notary Public This document is solely for the (This area for official notarial seal) oicia�3�iusinoss of the City. MAIL TAX STATEMENTS AS DIRECTED ABOVE T S ,. of Huntin .ton Beach, as eonted- �l 'i�0?'_ `i i`"�2`,.f`` _ q- ;T.1 i.1,� CIl�.,j G�U�vZ, plated undor Government Code ' Sec. 6103 and should be recorded By:, kr ��== ��-- o--- o -7 - 2 EXHIBIT "A" LEGAL DESCRIPTIONS OF ACCESS EASEMENT That portion of Parcel C of Lot Line Adjustment LL 94— � in the City of Huntington Beach, County of Orange, State of California, recorded / Z Z7 , 1995, as Instrument No. 95— d117Pfz of Official Records of said County, lying southerly of a line joining the northerly termini of those certain curves in the boundary of Lot "C" of Tract No. 14892 as per map filed in Book 713, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the office of the County Recorder of said County, shown on said tract as having radii of 59.00 feet. As more particularly shown on Exhibit `B" attached hereto and made a part hereof. OQROFESSIO �� R McGgN ,�o� Kati ci w No.23956 m � Exp. 12/31/97 � OiCAV*ems Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/97 December 8, 1994 Revised February 7, 1995 Page 1 of 1 W.O. 1078-12 H&A Legal No.3803 By: A Wyatt Ck'd J. Stablein/th SCALE: 1" = 4U EXHIBIT "B" SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF ACCESS EASEMENT OVER A PORTION OF PARCEL C OF LOT LINE ADJUSTMENT NO. LLA94- , INST. NO. 95- O.R, IN THE CITY OF HUNTINGTON �Nhl BEACH, COUNTY OF ORANGE, 4 2' STATE OF CALIFORNIA a. -•: 21' 21' ` } 10 C•.i � ......... . I i Z W _j _ •: UU LO :_. 4 p =o O Oi p 1 � N52051'25"W ° z I to N53024'11"E , 'n _ ------------ PRC, RAD = PRC, RAD =': .i.€ t•� C1 X: 1 ''. .. ..rE...... :`.'` £ CURVE DATA CURVE DELTA RADIUS LENGTH C1 253044'23" 41.00' 181.57' C2 36052.12" 59.00' 37.97' IR Prepared For: Huntington Beach Company Hunsaker & Associates H. & A. Legal No. 3803 Irvine, Inc. Date: February, 1995 W.O. No. 1078-1-12 Planning•Engineering•Surveying Prepared By: M. Wyatt Checked by: J. Stablein�- Three Hughes, Irvine, CA 92718 (714) 583-1010 WHEN RECORDED MAIL TO: &.10C 95—' 3391 City of Huntington Beach P.O. Box 190 Recorded Jln ui i iciai Recomus Huntington Beach, Ca. 92648 of Orange County, California Attn: City Clerk Gary L. is'ranvsije, Clerk—Pg,-orripr Paa2 i Of 6 Fees: s 0 V, Tax'. 0.00 (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR The Huntington Beach Co. .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach,Ca.92660 ThP UndPrcignM Grantor Signature of Declarant or Agent determining tax—Firm AP #159-431-08 EASEMENT GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE HUNTINGTON BEACH COMPANY, 1 a California corporation, Successor-in Interest by merger with Huntington Pacific Corporation, a California corporation, L� does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of Huntington Beach, County of Orange, State of California, described as (� AN EASEMENT FOR PUBLIC UTILITY PURPOSES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT 'B', BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Tax-Exempt-Government A' 'CITY OF HUNTINGTON BEACH f HUNTINGTON BEACH COMPANY, a California Dated Z ,c),_q isConnie Brockway, CMC corporation, Successor-in Interest by merger with Huntington Bit erk Pacific Corporation,a California corporation STATE OF CALIFORNIA ) ' COUNTY OF ORANGE ) �tY CitY CAR On E B Rt)A2-( c1 t k14 5 before me, By — Vice, President 12 AMor1P, A.- CAS. bEfz-oN t personally appeared !a. J- 514 A LL-( and J• J. Lop E -z By personally known to me (or proved to me on the basis of /664y}AvrrSecretary satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that -h@A&Wthey executed the same in hi5Nh r/their authorized capacity(ies), and that by hisfher/their signature(s) on the instrument the person(s) or the entity upon behalf of which the r. RAMONA A.CALDERON l person(s)acted, executed the instrument. Z COMM.t967922 QPMy Notary Public-Cotifornia WITNESS my hand and official seal. KERN COUNTY comm.expires JUN 15,1996 Signature Q��M'v�- Notary Public (This area for official notarial seal) This document is solely for the offmWOR!^ir_oss of the City MAIL TAX STATEMENTS AS DIRECTED ABOVE APPROVEFD AS 1O POR11v of Hunt in ;ton :leach, as contem- GAIT H TT011, City Attorney plated L n ler Government Code By: Deru `? City Attorney Sec. 6'103 And should be recorded P� free of charge. EXHIBIT "A" yob LEGAL DESCRIPTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES PARCEL 1 A 5.00 foot wide strip of land adjacent to that portion of Parcel C of Lot Line Adjustment LL 94— (o in the City of Huntington Beach, County of Orange, State of California, recorded /-4,WiC 27 1995, as Instrument No. 95— oiy7pqZ of Official Records of said County, lying southerly of a line joining the northerly termini of those certain curves in the boundary of Lot "C" of Tract No. 14892 as per map filed in Book 713, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County, shown on said tract as having radii of 59.00 feet, within Parcels 5 through 10, inclusive, of said lot line adjustment. PARCEL 2 A 5.00 foot wide strip of land adjacent to Parcel B of Lot Line Adjustment No. 94- & . in the City of Huntington Beach, County of Orange, State of California, recorded Xi�Alie Z7 , 1995, as Instrument No. 95— 0177,59z of Official Records of said County, within Parcels 15 through 18, inclusive of said lot line adjustment. December 8, 1994 Revised February 2, 1995 Revised February 7, 1995 Revised February 8, 1995 Page 1 of 2 W.O. 1078-12 H&A Legal No. 3805 By: M.Wyatt Ck'd J. Stablein/fh 55�b As more particularly shown on Exhibit "B" attached hereto and made a part hereof OQVvtoFESsj McG,gN CO W No.23956 m * Exp.12131/97 CIVIL Alm, OF CAL* Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/97 December 8, 1994 Revised February 2, 1995 Revised February 7, 1995 Revised February 8, 1995 Page 2 of 2 W.O. 1078-12 H&A Legal No. 3805 By: A Wyatt Ck'd J.Stablein/fh SCALE: 1" = 41Y _ EXHIBIT "B„ SHEET 1 OF 2 SKETCH TO`ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER PORTIONS OF PARCELS 5 THROUGH 10 OF LOT LINE ADJUSTMENT NO. LLA94- INST. NO. 95- O.R, 1N THE CITY OF �N\ HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA N 7jV 4 2' Z Z W . ..i.f:....... :.t .fps• 00 ..tLt:.....» . .• N / t pRC �Pp R4j�♦?SDI W Lei Ln ��j�Q�G•. -v ♦♦ ...r. to ♦♦♦' n C'♦1 X. CO. f e? N52051'25"W ;''' z N53024'11"E ....i PRC, RAD , U" _ PRC, RAD PARCEL 1 5.00' :i. C1 .�.t:s.r:....... te CURVE DATA CURVE DELTA RADIUS LENGTH C1 253044'23" 41.00' 181.57' C2 36052'12" 59.00' 37.97' Prepared For: Huntington Beach Company Hunsaker & Associates H. & A. Legal No. 3805 Irvine, Inc. Date: February, 1995 W.O. No. 1078-1-12 Planning•Engineering•Surveying Prepared By: M. Wyatt Checked by: J. Stablein., Three Hughes, Irvine, CA 92718 (714) 583-1010 ti SCALE: V = 51Y EXH I BIT "B" SHEET 2 OF 2 SKETCH TO--ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER PORTIONS OF PARCELS 15 THROUGH 18 OF LOT LINE ADJUSTMENT NO. LLA94- , INST. NO. 95- O.R, N IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA .: : . ...... `N80 3047,• -- C1 N89041'44'W 79:49' `— — — — — — — IN o % N00°18'16'E C) N89041'44'W 122.00' N N N ' 42.00' b o ; N89041'44'W 122.00' N N h � CG o o u•i l z . . .v ..?. 5' WIDE PUBLIC ip cr UTILITY EASEMENT 1;9 PER TRACT No. 14892 M.M. `\I I '•' A-••r•p : .s 713/25-30. 1 21' Ct 4 2' ......... . . . . . . .? I 21' 21' to I PARCEL 2 s s to z .. . .. .. I Z I ■ s � � 1 W N N CURVE DATA I (n :"•'; ci 0 IZ Z CURVE DELTA RADIUS LENGTH �`�`�• f C1 09°10'S7' 49.00' 7.85' %'' �y I = C2 108023'46' 61.00' 115.40' 1 �. C3 53007'48' 59.00' 54.71' I Z X. C4 233007'48' 41.00' 166.82' 20.00' C' C5 90001'53' 34.00' 53.43' N89043'37'W C6 90001'53' 55.00' 86.42' 1 I ' C4 1 Prepared For: Huntington Beach company Hunsaker & Associates H. & A. Legal No. 3805 Irvine, Inc. Date: February, 1995 W.O. No. 1078-1-12 Planning•Engineering•Surveying Prepared By: M. Wyatt Checked by.. J. Stablein Three Hughes, Irvine, CA 927f8 (714) 583-1010 5546 07 AUG—jqc,,5 02: $ pM WHEN RECORDED MAIL TO: Recorded i11 OffiriAl Records City of Huntington Beach of Cranse County, California P.O.'Box 190 Gary �. l ran.�ille, Clerk-Recorder �-39e i of 7 Fees:Huntington Beach, Ca. 92648 t�,ffi Attn- City Clerk Ia,,: $ C.4v (Space above this line for Recorder's use) MAIL TAX STATEMENTS TO: DOCUMENTARY TRANSFER TAX $...no consideration-easement only .......Computed on the consideration or value of property conveyed;OR Seacliff Partners .......Computed on the consideration or value less liens or encumbrances 23 Corporate Plaza remaining at time of sale. Newport Beach,Ca. 92660 ThP UnriPrsignPrt Grantor Signature of Declarant or Agent determining tax—Firm Name " y:s AP #159-431-02 EASEMENT GRANT DEED .r FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, SEACLIFF PARTNERS, a California general �J�) partnership,does hereby GRANT to THE CITY OF HUNTINGTON BEACH, an easement over the following real property in the City of Huntington Beach, County of Orange, State of California, described as AN EASEMENT FOR PUBLIC UTILITY PURPOSES, AS MORE PARTICULARLY DESCRIBED IN EXHIBIT 'A' AND SHOWN ON EXHIBIT 'B', BOTH ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH Connie Brockway, CMC CitX Clerk Q - By-"n tom' ACUFF PARTNERS, a California general partnership Dated - ` 5 p tY City Clerk�� STATE OF CALIFORNIA ) (SEE ATTACHED SIGNATURE PAGE COUNTY OF ORANGE ) By - President On before me, personally appeared By Secretary and personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized APPROVED AS TO FORM:' capacity(ies), and that by his/her/their signature(s) on the GAIL HUTTON, City Attorney instrument the person(s) or the entity upon behalf of which the By: Deputy City Attorney person(s)acted,executed the instrument. WITNESS my hand and official seal. y�ys- Signature Notary Public (Tft3ieatj®r jqhT)tayial seal) (H&A#3805a) Officlal bunlneS3Sof solelor the y MAIL TAX STATEMENTS AS DIRECTED ABOVE of Hu,lti:t:,rOn SeR,h, as contem- plated lInt-10; Governritant Code Sec. 6103 and should be record,. Signature page of Easement Grant Deed for H & A Legal #3805a SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP By: PACIFIC COAST HOMES, A CALIFORNIA CORPORATION; GENERAL PARTNER AND BENEFICIARY UNDER A DEED OF TRUST RECORDED AS INSTRUMENT NO, 90-165737 OF OFFICIAL R ORDS. By: By: .L. O'Connor, Vice President JJ. LopezVAs!9Lnt Secretary By: UWC-SEACLIFF L.P., A CALIFORNIA LIMITED PARTNERSHIP; GENERAL PARTNER By: NEW URBAN WEST, INC., A CALIFORNIA CORPORATION; GE} CI RTNER By: By: J 11e4en Gunther, President Cindy J. rom , Secretary (Notary Acknowledgments attached) CALIFORNIA ALL-PURPOSEICKNOWLEDGMENT No.5907 State of U County of C , �. On 1' Q t`�`� before me,a MONA Dkd NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared 'b -L. O, C°KRoP_ �c �• J• Lopez NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) *%/are subscribed to the within instrument and ac- knowledged to me that he><6 /they executed the same in his/her/their authorized capacity(ies), and that by hieA:rer/their signature(s) on the instrument the person(s), A. RAMONA A.CALDERON i~ or the entity upon behalf of which the COMM.#9672 Z person(s) acted, executed the instrument. z *My Notary Public-Cafi(ornioZKERN COUNTY comm.expires JUN 15.1996 WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CA�iFo���r 5 County of Los Anje. _v On s /3 r99s before me, Z)- H47-771-ewS 44,Lt!e4 Pwa,,L , DA E NAME,TITLE OF OFFICER-E.G.,'JANE DOE,f4OTARY PUBLIC- personally appeared 6r,6P"-e-W c u.vrA-%5-n- A-ND 5.N0y F:77e�' Ae-1 , NAME(S)OF SIGNER(S) % personally known to me - OR - ❑ to be the person(s) whose name(s) i subscribed to the within instrument and ac- knowledged to me that he/sheexecuted the same in his/her/authorized capacity(ies), and that by his/here signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. FAY D.MATHEWS 1° = COMM.#1015930 Z z �? Notary Public—CtaGfOmla ~� LOS ANGELES COUNTY 77 SIGNATURE OF NOTARY MY Comm.Expires FE8 2.1998 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 55�11 EXHIBIT "A" LEGAL DESCRIPTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES A 5.00 foot wide strip of land adjacent to Parcel B of Lot Line Adjustment No. 94— & , in the City of Huntington Beach, County of Orange, State of California, recorded t7 , 1995, as Instrument No. 95— 0/77P9z- of Official Records of said County, within Parcels 20 through 26, inclusive, and Parcel F of said lot line adjustment, and within Lot 27 of Tract No. 14892 as per map filed in Book 713, Pages 25 through 30, inclusive, of Miscellaneous Maps, in the Office of the County Recorder of said County. As more particularly shown on Exhibit `B" attached hereto and made a part hereof. Q?k'OFESS1 4 y��o� tio2 ci W No.23956 rn * Exp.12/31/97 OF mv— Tom R. McGannon, R.C.E. 23956 Registration Expires: 12/31/97 February 7, 1995 Revised February 8, 1995 Page 1 of 1 W.O. 1078-12 H&A Legal No.3805A By: A Wyatt Ck'd J. Stablein/fh SCALE: 1" = 5a EXHIBIT "B" SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION MAP TO ACCOMPANY LEGAL DESCRIPTION OF AN EASEMENT FOR PUBLIC UTILITY PURPOSES OVER PORTIONS OF PARCELS 20 THROUGH 26, ' AND F OF LOT LINE ADJUSTMENT NO. LLA94- , INST. NO. 95- O.R, AND LOT 27 OF TRACT NO. 14892, M.M. BOOK 713, PAGES 25-30, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA N80 30 47. --- C1 N89°41'44"W 79.49'- W I o `•�N00°18'16"E S�j. 0 _ N89°41'44"W 122.00' N N N ;42.00' do N89°41'44"W 122.00' N N 5' WIDE PUBLIC mo UTILITY EASEMENT �b PER TRACT No. �Q 14892 M.M. �I y -•. , - 713/25-30. I 21' I C14 2' ......... . . . 21' 21' M f� o 0 N N : :• i e W C"_ I N U I W %: :.:, z� . . . . . I Q . U I J W W >- N CN I W CURVE DATA I W Z Z CURVE DELTA RADIUS LENGTH : • �' o Ct 09°10'57" 49.00' 7.85' O # 9a. Q I = C) C2 108023'46" 61.00' 115.40' I Q C3 53°07'48" 59.00' 54.71' I _Z •,•, C4 233°07'48' 41.00' 166.82' I Y 5.00' 20.00' •` C5 90001'53" 34.00' 53.43' I N89043'37'W C6 900Ot'S3" 55.00' 86.42' I O C4 Prepared For. Seacliff Partners Hunsaker & Associates H. & A. Legal No. 3805A Irvine, Inc. Date: February, 1995 W.0. No. 1078-1-12 Planning•Engineering•Surveying Prepared By: M. Wyatt Checked by: J. Stablem- Three Hughes, Irvine, CA 927f8 (714) 583-fOfO y at--0INjING REQUESTED BY CITY OF HUNTINGTON BEACH And When Recorded Mail To: _ —I ff CITY CLERK CITY OF HUNTINGTON BEACH Relcorded _Jn I.ffic-i.?j Catilvd5 nr eCount j t �:r__.:_ P.O. BOX 190 �,f ur i13_ Cf►i ilt'r, Cali orni•, r: t r i t r t Huntington Beach, C2. 92648 Ucr� �. 01'aaDvlile, Herr,'-Recorder P lle LT' 6 tees= 0 Aill Tax: 0.00 AP ��159-431-02 (Space above this line for Recorder's use) ` . IRREVOCABLE OFFICER OF DEDICATION-LANDSCAPE AND EQUESTRIAN TRAIL EASEMENT nSG�`�g The undersigned, being the present owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the public and to the CITY OF HUNTINGTON BEACH and its successors or assigns, an easement for landscape and equestrian trail purposes, over the real property situated in the CITY OF HUNTINGTON BEACH, State of California, described in Exhibit "A" (written description) and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that the CITY OF HUNTINGTON BEACH and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements 1 thereon or therein until such offer has been accepted by appropriate action of the City Council. In the event the CITY OF HUNTINGTON BEACH, or its successors and assigns, on behalf of the public, should determine ciat the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns. and personal representatives of the respective parties hereto. Tax-Exempt-Government Agency CITY OF HUNTINGTON BEACH Connie Brockway, CMC City Clerk SEACLIFF PARTNERS, A CALIFORNIA GENERAL PARTNERSHIP gy; I Deputy City Clerk By: PACIFIC COAST HOMES, A CALIFORNIA CORPORATION; GENERAL PARTNER AND BENEFICIARY UNDER A DEED OF TRUST RECORDED AS INSTRUMENT NO, 90-165737 OF OFFICIAL RECORDS. i By: By: D.L. O'Connor, Vice President J. Lope ', As6knt Secretary By: UWC-SEACLIFF L.P., A CALIFORNIA LIMITED PARTNERSHIP; GENERAL PARTNER By: NEW URBAN WEST, INC., A CALIFORNIA CORPORATION; GEN RTNER By: By: Step en Gunther, President Cindy J. o , Secretary This document is solely for the (Notary Acknowledgments attached) official business of the City of Huntin3tc._ Beach, as ccntem- ---i =�y (H&A#3807) plated u;;;o;^ ;:o-,errtaent Code , Pi ,- . Y Sec. 6103 and should be recorded free of charge. CALIFORNIA ALL-PURPOSACKNOWLEDGMENT No.5907 State ofi55'�e County of - On 9 14 q5 before me, RA m etgA • LSE tZly , DIM I NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC" personally appeared J• �- �` Corttlo c':�_ J• �- Lo�Et NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)Ware subscribed to the within instrument and ac- knowledged to me that .he/sh /they executed the same in -hosihe/their authorized capacity(ies), and that by -fuser/their _ signature(s) on the instrument the person(s),, RAMONA A.CALDFRON t or the entity upon behalf of which the � COM.M.4%7422 Z person(s) acted, executed the instrument. Notary Public-California i KERN COUNTY 4PMycomm.eoies JUN 15.19% WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL El ATTORNEY-IN-FACTNUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 t E • No.5907 CALIFORNIA ALL-PURPOSE�CKNOWLEDGM ENT State of CAZ.ir-V4V14 5 County of Los lty!aEc.,� On F-/3gy6 zy /3�i9Qs before me, Fi4 D. ly'-g_rh z✓s 'IVOL'r2y f y"5uc. , D TE NAME,TITLE OF OFFICER-E.G.,-JANE D E,NOTARY PUBLIC" personally appeared 57-EPffE-41 4uNrrf>_• ANa C1Nay Z. Ee-ort.4-ey , NAME(S)OF SIGNER(g) personally known to me - OR - e to be the person(s) whose name(s) is/ r subscribed to the within instrument and ac- knowledged to me that he/sheijT executed the same in his/her/41§ET> authorized capacity(ies), and that by his/he hE signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. FAY D.MAIIHEWS • .�: COMM.#1015930 Z Z °-4 Notary Public—California LOS ANGELES COUNTY SIGNATURE OF NOTARY My Comm.Exr*es FEB 2.1999 c •�[ OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 56 EXHIBIT "A" LEGAL DESCRIPTION OF OF AN IRREVOCABLE OFFER OF DEDICATION LANDSCAPE AND EQUESTRIAN TRAIL EASEMENT Parcel F of Lot Line Adjustment LL 94- , in the City of Hunt- ington Beach, County of Orange, State of California,recorded Xll, t 17 , 1995, as Instrument No. 95- 0177-fz of Official Records of said County. As more particularly shown on Exhibit "B" attached hereto and made a part hereof. OQROFESS/O"Y MCG.q�,�F,G y „o oy oy w No.23956 m * Exp. 12131/97 csjq�OF Tom R. McGannon,R.C.E. 23956 Registration Expires: 12/31/97 December 8, 1994 Revised February 7, 1995 Page 1 of 1 W.O. 1078-12 H&A Legal No.3807 By: M.Wyatt Ck'd J.Stablein/fh F K • SCALE: 1' = 30' EXHIBIT Y'B 11 SHEET 1 OF 1 SKETCH TO ACCOMPANY LEGAL DESCRIPTION OF ANARREVOCABLE OFFER OF DEDICATION - LANDSCAPE AND EQUESTRIAN TRIAL EASEMENT OVER PARCEL F OF LOT LINE ADJUSTMENT NO. LLA94- , INST. NO. 95- O.R, IN THE CITY OF HUNTINGTON BEACH, f. COUNTY OF ORANG STATE OF CALIFORNIA ACADEMY CIRCLE "n 11 N89043'3_7"W 'r:....... . . A=52025'41" R=41.00' L=37.52' N37°1 T56'_W- ' RAD tV N _ n i. N to W a O N C) t0 Z e C)ID Z . ..t ...... .v N89°41'42"W 11• •II . .. .Y . FAIRCREST DRIVE Prepared For: Seaeiiff Partners Hunsaker & Associates H. & A. Legal No. 3807 Irvine, Inc. Date: December, 1994 W.O. No. 1078-1-12 Planning•E-ngineering•Surveying Prepared By: M. Wyatt Checked by: J. Stablein Three Hughes, Irvine, CA 92718 (714) 583-1010 55�g Council/Agency Meeting Held: Deferred/Continued to: XApproved ❑ Conditionally Approved ❑ Denied C6fy Clerk's Signatur Council Meeting Date: July 5, 1995 Department ID Number: PW95-046 REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: MICHAEL T. UBERUAGA, City AdministratoEj PREPARED 130� 1 18S" M. JONES II, Director of Public Work SUBJECT: Easement Dedications - Tract No. 14892 (Ts) IFStatement of Issue,Funding Source,Recommended Action,Alternative Action,Analysis,Environmental Status,Attachment Statement of Issue: Seacliff Partners, the developer of Tract No. 14892 (The Hamptons), has requested that several easements be re-dedicated to the City. Funding Source: There is no cost involved in the recommended action. Recommended Action: Accept various easement grant deeds in addition to an Irrevocable Offer of Dedication from Seacliff Partners and instruct the City Clerk to have the documents recorded with the County Recorder. Alternative Action(s): Deny the recommended action. i I &UEST FOR COUNCIL ACTIR MEETING DATE: DEPARTMENT ID NUMBER: PW95-046 Analysis: The Planning Commission, on March 14, 1995, approved Site Plan Amendment No. 94-3 and Lot Line Adjustment No. 94-6 modifying the previously approved site plan for Tract No. 14892 (portion of Tentative Tract No. 14009) by extending Caddington Circle approximately 54 feet and shortening Academy Circle approximately 15 feet. In addition, the lot lines of 24 numbered lots and three (3) lettered lots of Tract 14892 were adjusted. The total number of residential lots (34 single family residences) remained the same. These changes were necessitated by the shifting of Fieldcrest Drive, a public street, to the north in order to provide a complete street section without encroaching onto the adjacent Blasgen property (per Condition of Approval 1 a of tentative Tract No. 14009). The relocation of Caddington Circle and Academy Circle required that the following easements be summarily vacated by the City: 1) the access easement for the purpose of maintaining, servicing, cleaning, repairing and replacing the water system, 2) the public utility easement, 3) the police and fire department access easement, 4) the landscape and equestrian trail easement; all located within Tract No. 14892 (The Hamptons). The City Council, on April 3, 1995, approved the above mentioned summary vacations and now the developer wishes to re-dedicate the easements in their new locations. Environmental Status: This recommended action to accept the easement grant deeds is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, Cal. Admin. Code, Title 14, Chapter 3, Section 15268 (b). Attachment(s): City Clerk's Page 1 Location Map 2 Irrevocable Offer of dedication - Landscape and Equestrian Trail Easement 3 Easement Grant Deeds - 6 each LMJ:BPC 0012628.01 -2- 06/20/95 10:27 AM A IN] SCALE: NONE ELLIS AVE., w 0 w O:f r- c� Y F-- N TRACT #14892 < 3 w Q w Z J w ¢ Fa t=l 3 Q J ca a o w N GARFIELD AVE, •r— ATTACHMENT NO. 1 . LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS G:\ACAb\CROSBY\TR-14892.DWG RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Easement Dedications-Tract No. 14892 COUNCIL MEETING DATE: July 5, 1995 RCS ATTAGHM;EN7S STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Attached Subleases, Third Party Agreements, etc. (Appoved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial I Not Applicable EXPLANATIQN FCR MESSING ATTAGHMENTS REVIEWED RETURNED FOR ©ED Administrative Staff Assistant City Administrator Initial City Administrator Initial City Clerk EXPLANATION FORRETURN OF ITEIM: SpaceOnly) •,, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK March 27, 1994 Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 Gentlemen: The City Council of Huntington Beach, at its regular meeting held Monday, July 18, 1994, approved the Subdivision Agreement for Tract No. 14892. We are enclosing herewith a duly executed copy for your files. Sincerely, Connie Brockway, CMC City Clerk CB:cc clerk=ltr 1 I (Telephone:714-536.5227) _1 APPROVED BY CITY COUNCIL /z7 19 CD 94-49 EST FOR CITY COUNCIL ACTION Date: July 18, 1994 Submitted to: Honorable Mayor and City Council Members Submitted by: Michael T. Uberuaga, City Administrato Prepared by: Melanie S. Fallon, Director of Community Development, Subject: FINAL TRACT MAP NO. 14892, A PORTION OF TENTATIVE TRACT MAP NO. 14009,WITH BONDS AND AGREEMENTS Consistent with Council Policy? [XI Yes [ ] New Policy or Exception Statement of Issue,Recommendation,Analysis,Funding Source,Alternative Actions,Attachments: STATEMENT OF ISSUE: The final map of Tract 14892 (a portion of Tentative Tract 14009-The Hamptons), located north of Garfield Avenue and east of Edwards Street) is being submitted to the City Council for approval. RECOMMENDATION: Motion to: "Approve Final Tract Map No. 14892 and accept the offers of dedications, improvements, and bonds pursuant to the following findings and requirements:" Findings for Acceptance of Final Maps: 1. Final Tract Map No. 14892 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14009 conditions of approval as approved by the Planning Commission. Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file the following bonds with the City Treasurer: a. Faithful Performance Bond No. 161225S b. Labor and Material Bond No. 1612255 C. Monument Bond No. 161226 S 3. 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. A Certificate of Insurance shall be submitted; C. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map. d. Subdivision Agreement ANALYSIS: SUBDIVIDER: Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 ENGINEER: Hunsaker and Associates Three Hughes Irvine, CA 92718 LOCATION: Northeast corner of Garfield Avenue and Edwards Street ACREAGE: 14.997 Acres NO. OF LOTS: 47 lots (13 lettered lots) NO. OF UNITS: 34 units ZONE: Ellis-Goldenwest Specific Plan GENERAL PLAN: Estate Residential RCA 7/18/94 2 CD94-49 DISCUSSION: On July 23, 1991, the Planning Commission approved Tentative Tract Map No. 14009 for construction of a 128 unit detached single family residential project. Included in the 128 unit project was an area set aside for a school site so the number of proposed single family residences is now 96 units. Final Tract Map No. 14892 represents one portion of Phase I (34 single family dwellings of the 96 units) of the Hamptons project. The subdivider has satisfied the Park and Recreation requirement with the dedication of.58 acres within the Bolsa Chica Linear Park.. The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. ENVIRONMENTAL STATUS: This action to accept Final Tract Map No. 14892 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). On July 23, 1991, the Planning Commission approved Mitigated Negative Declaration No.'s 90-44, 90-45, and 90-46 for the project itself. FUNDING SOURCE: Not Applicable. ALTERNATIVE ACTION: The City Council may make the following motion: A. "Deny Final Tract Map No. 14892 and not accept the offer of dedication, improvements, and bonds." ATTACHMENTS: 1. Area Map 2. Tentative Tract Map No. 14009 3. Tentative Tract Map No. 14009 Findings and Conditions of Approval 4. Subdivision Agreement 5. Monument Bond 6. Faithful Performance Bond 7. Labor and Material Bond MTU:MSF:JM:lp RCA 7/18/94 3 CD94-49 O P1 ARGOSY MCFAD EN — ' CENTER J EDINGER J — BM WARNER ` SLATER .e7 � P TALBERT ELLIS - - - - GAIR / YORKTOWN rw� 11' ADAIM I loll I Pro 4! / ELLIS ' INDIANAPOLIS b ` N ATLANTA 1' 2HAMM 4 / IIAMMTON f. G / 0 G BANNING OL / 3 / W I . GA SITE J Ash 1R � FIT 14892 HUNTINGTON BEACH PLANNING DIVISION TWWFIVl MAP Or TRACT NO � I r r\ ,s u' 3"_� - .•---._. f%_. J e, 1 60 RO, I ,I �,e,wl I a ,+L ep,'- �, •-� V , -n.et, 'E .,Ur (�s.9 •�;jp,r �... ,1 or,I.� F IR'°ees.,lt �s.,-n�...W. � .� 1rs;rs fell 'I� ya< f0'tmo �..6`oh 'p" +h`,Ykq.�rF,�w�\. rbi /� psi -eq' ;y / 1- -'+�.4 A.9m',"Y ',�/ -_ v-- — B•r a:.`�:"j E 1��• ' �' 1. ce, 1 / / Ll � N!r„ O•tntr ..9AE Sr I �� r,r ,41. NA �t J 11 11- Iri• }Fi., 5 ���., -r V 'k (es'e •i unf ,vnte .lcr�T�F W i ,,, I a 4 I .: � -_ ,� :I, !•\___ \ 1 ,,f-_.. f ' ,Niv I "li I •a 1 .I.'� ...�. 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GRRFIELD PARTRBRS ...:,..,,.....,..,.,......•,'til...,,. v n 2120 MAIN SIMI __- •.•.• KMTIH610N BEACH.at. 2NK3 _]s99 17A1 9e0-n351 - J -zz TF N7RTIYE �ss; mRR OF ITNR CT 00 I 13114SEE I _____I I ,I n s• ,s ..,,.,. .,...wZL' � � LBr-e• I I I I I R I I I I I. ..... e sr . rfm�sf'rYrr✓49stt E • �, ' .3r ; _ _� a•- S _ I srI5.010 sr 4 b l a t vm � A j es� i •e�f I � � . � r W 53 • /z,uw nn•vr o:� �� � . I� it r � �� �� - uj W ° "' iAa•e. ,� I,� a s- .. /s a s.. /e mr sf g olz 1,/s. r)s- eY� - _ 40 � F .- _. 4.� /s,/ce e.. 1 �S�` \ \ : �'-.. � 1 I � ,,,� • eJK sr I / e,u�•aE� 4ma sr el%i sr e,ee.7l s.` i1° - i Sy 1, 9 UI l� 1 / � _ Ldr"M s e 75 � 9i �•97 1 .1�m n ��� \� °T e,*sosr �_ •� --�'_ � r ��� �t{.LOf -�rH tl�I:'b L'1,y � �fa'� _ k rAn.nj 'd n,�. ' wdo elr s o.Nr.i, �; s p IBI 6 1 tl'�e /16 .� A „ i�.f � .,r,) n,o.n °.w- . � r1 �. 1 `.f( .eR +`�•ne ��s Na.Nr n/"a.. �J��\ ���A-.) ��I 6 rze`j /s.o/o�Sr o sr " vvy�noa t°J�„Os ,.... ,t IB if &.I sr a.><r .gems:, MrBr" I i eem ` t >9' I - I a•rr r Z%w -g� / 9' �, :-�_--- _— [ra Rl'I .T—`_'YT.Y- ____.-_ _. -::cam-_PS$.--_._. _ _��,..y_-. �sT'`_.'__-_- � n..�en - � .. 4• 3:5 B3' 9 _A —t EDWARD5 STREET Rr,wl.el 1� — — 1 I r - .a :owAl s x -yF- •c>~ON •'.�+++�• � sec/ON e ,..,i....e.... SELTItNNT96-w• SE[r101A" ?J�r_ YP,A'CAL IYP/CAL S[C7/CW YK/M/eY MAP ' � °..ro+r+.n,unrir,n rirrvnr srw r«»+r,uv,..v _ BENCH 11=RN ,.•a 7AE pEBCRIPrIpI yr P ""n"•'^'°O'""o T[N I Al IV -L TRAC f N(l. 14009 - 8118DIVIDER / APPLICANT� 1DYr°rwa".rnse re°ea.urn.Ym '�1' ,�,•,'°'",••,`• .•."• r,,..,.,.. GARFIELD MATHEWS rr. T.„wrwYe° IOa%E CH.sr °no 3 Lea.., NWTIIi OR ee 9'Ml:�99 ..,.r♦�rra Lrl�' 9e0�Ri - 3 �If XEATIVf� Up in, IRAd, IT IT III Tta In.� I]i] 65 SEE SWEET NO.3 J ,I r q[f tr 1 1m EE N"1r TeNM 1 ErN]f fj[E sr SB?1T �H� = op ^ N 2 IID A. .1 ffe f s+ b ( - / y` e 1 t 1>N T� 8 D a1E` 1 IV", � 5, Rm n I/ r nm.oe ° r 6 M 1 s I � F -x 770 111, ,t ri T I 4 lles. �p r I T Z l� Vr t ' O W I Isl _ .A, O,f � r• � K. _ � c '9 � A--r — a �4� In T I IW r,'sY -. 51 0151 -- .99.AT 11"E L^.l9 65 t GARFIELD AVENUE t I + T1q T • I Fwc.L,..es. •-� RI XE [ nra.aMnne, �-I I V rX �6� -•,�- y'� �tiy IYP o CAL 3[ICO.N. .... w] •.�.�.iw• N /PCdL Sf -' er•y oA.e n rY.beU MKyp BENCH MARK .....r. LEGAL DESCRIPTION RIVER " "" 1[.N 1/�)-1 YI:_ 1 RAC 1 NO_14009 i°" urre+r:i o`io:Al —"N' '•,• SUBDIVIDER / APPLICANT, .........,.......... „....r.. ..... - 21ZO WHIN' . .2e0 2 HUNTINGTON BEACH CA. 92616-2999 _ - (l11) 960 939t 7EAl AfIVE MAP 0E TAAET No.13716 IJITI B` . 3 �� I -� * r • r __B' I I R +ITItSf ........ r+]p95t .Lriil tl Sri.Lat°Sf ; ro'tir _ R,R.f Re,rB Ili.15v211f � A !- +i•611Sr _ I 11) I1�lC r 1.! tO 11, _ o f L•r r J n __ —_.. —.— rs �tt. t LQT --- ._.k� I vn � 1iro�F -- - - - _ 9X " O cl) 0 `_l ,f 0tP°tl _ Y F II rn 5 L rn ,e sl I , N AS W Sri. �.--Ie it 3 ,,,.t,rm tr 1FU it - itm5 i.tnNt ::]A il't - _N- _. 111IF9A.'vri. n I `i) yl 1 _. vrt.tAe9 ia°tr I vri.nMetr r,l.tte tr v,+rili4tr r_. �...f— ..�rt. 1�I w Ir n r u n I 6J) r r e [ fibF,. = a B =— at I= I , 40 t '/ � _emlrt �e r'°'e __.0s __ Ta (C P2 I� b N l i _ ILUT J. jI@Ipyll II .L . i uro I —.—_ .$—J Yr �i+w•.mra.r+✓..»v 3 I � GARFIELD AVENUE ° "OWES: ® r — ' .x i,rx.ux tnry mr ewe ,waver m/nww KeR 'm l,t„ ♦vi ® x. v.nr ae rm wru�x e,reetns o,rwy +M R iry . _ , 1 N v4 yry.tyrx � ,r142rr[t � (•_++...._-f aLLt w , �. ,lei ® •tor]w.t,i�rK..r.t,�w. °� „�, I e , - r L- fm _ 4 Shur ter m[(M/f9r - } L n t:Locum tiwylnni. ,rr, ram"n•� + � � g pi j I�I� .s ,..-a.....e.... � I -•-.r.e.-- � i leyi ��� , ... �-�—� �rnm�[lo er, p � �a a VKIN/IY MAP n tt lfl SECTIBN"p-p" SECTION'B-B' SECTIf]N'C-C- SECTION"D-D' irn0.Rl Ve[A0.a+ MPIM,N St I/A[A6 BENCH MARK r-re... e.e .. LEGAL DEBCAI/TI,1N DVNE0. rA/SIR KIM eer/Sr,111 , co_r_e i azz. -- SITE PLAN- IRAM NO.14009 -- SUBDIVIDER / APPLICANT, "" a ...,.„....ra. .-•.rr• r rt <. GRRFIF_LD MNT/7t.us ..........,w..r..r....»r. 1.:.,r.r.. r ,r .rr 2120 MAIN BT —_ 1 rr IRAITTNOTON BEACH. EACH C+♦fW 'sx .—4B-2c99 -- - �� . (714) 9C0-43BI ---- A0009 leoo9 ppE z o� I,-{ IT[II TR TI9[ w11 i0r TRRdT R0. II3114 4 — er w eG( [ SEE 5!lEE Tr^ (JI I` - AEGTrON A-A. SEGT/ON O-,C� no.s � '- m9-9• TT --_o .!1W err y,°Srk k r,�,Svsr .rT7G Srk .iP e k vrr.r.,b5 .tPso stk ,.,.r.,0,fr kl I 1717.9 / e009 _ r , s i 'I �r a 1 ' G� L � I ® SECTION CN G 9EGT10N 0-0 . . �. . � I� n c 1 r r . ,4, ' --- J , I �- C _. __s -- ' 1 I Iy 11 �7 — o ( .pn sr Is e l L --till --—-- — m 1 (IIST A .�--� - ArMx [ Nxx N v O. 0397 ® GARFIELD AVENUE Nor oI a wmis � 3 . ,ra-R.x.sao+xr. tYf4AlA,ItN LANK O[A.r`[p n,NIN11M_U,(r,5 V/C/N/IYr H/P eENCI4 MARK ,. ,.r. LEGAL DEBCRIITION DVNEq rwl/Sri N[I OEtI,N,O SITE PLAN— 1 RAC I NO-I4O09 BU R / APPLICANT, r(Y ,,....,� n,... GARFIELD PARTNERS z1z0ITAINer •zeo — - 2 l ...... NWiING TON BEACN CA 92e9d-2A99 (]1/) 9D0.9791 J 1 1 SCA.Er I' ♦0' I TF NTPTtYE 11 r,',` MRO OF ITNR CT MO I 13114 I Izz— II' SEE SHEET tl0. 2 I pA'I Y �'SI'23'• 6S)SO' N1f'6" r I o � •• - er� • _------ -_---- — -_. _-_ I _ -r -I I-._ 4 Ld IsJ -I I y M 7 91 =3 di I 8 �. _ I a r., ..`_ I! '� V 1—+' I.._- N W SI 20 3'♦ 6)) I � _ � �� r_ � Ip I t 3 SI 1C IAfi tr C v gr55r l' L JIq Sr � ev�.. � y rrl�d 1l ty If 1:� nttr 1 • ,_ _ __ t.� r.xx r.r,xr• y(( I,n t Aut •rsrr Fr I-- `[-_}' .- .».r Ass' •• 1 �se I_A t. 1 41r , Jf,r- -_I1.r I� '.� I $R n LOi rr I r 1 41, I �r••��J.. I_ • I � -.. -0r.s'aa.n -�( 1----'•-k� � `.._. '' �- _A�--i LJrI�_L= _._'s�� `R � `� I j K con[] ("> I 7 r Y J I ! eu q' S LOT 5" « 7 C- "T ,. � '- __-.. LOT • G MST Rig rrr.; EDWARDS STREET A NOfE3 r _ w rr lwt AIRc r 3 Ill.'rY HAP srRtrr 6E61CNNARN LEGALMKRPT'11Mf owwR q'gtla�nl`�'n. SITE PEAN-TRAC1 NO. 14009 �r ��• "S1I13OIVIDER / APPLICANT, vlt Pl.9v ARtgxv.qR MRn SfI&9A5 x' xu.rrxvrax nr.rx •r' __ — — '�-GARFULD PARIRERS - -tmefn. _ .-......•••,..•.r........~I.:.....•r. 2120 MAIN ei ,260 RtPx •••/ IANLt'NO TON NEAr9t CA 9�6Ae-2199 3/7 ...I... wr r... .r..rr.. vrs fxc.v O1�T 960-AJ•t —�___._-_-_.. NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 7• 2,7 . 9-4 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. jq$ q Z PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ IN NO OTHER: • rages �U.VLf�. l'iV'2�,1�' 1,t,SQ. DI� �Q�J`C - gwd . for: Howard Zelefsky Planning Director NOTICE OF AUTHORIZATION FOR TRACT RECORDATION TO: CITY CLERK DATE: ZZ FROM: PUBLIC WORKS DEPARTMENT BRUCE CROSBY TRACT NO. J 'C1 Z- DEVELOPER: CONDITIONS• PAYMENT OF ALL FEES: <vv FAITHFUL PERFORMANCE BOND: _ LABOR & MATERIAL BOND: MONUMENT BOND: CERTIFICATE OF INSURANCE: SIGNA E CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK July 27, 1994 First American Title Insurance&Trust Mr. Ron Gomez 114 E. 5th Street Santa Ana, CA 92701 Attention: Mr. Ron Gomez Regarding: Tract Map No. 14892 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording,please return two prints of the Tract Map to Bruce Crosby,Department of Public Works,P. 0. Box 190,Huntington Beach,CA 92648. Sincerely, Connie Brockway, CMC City Clerk CB:cc Enclosures Received by: Dated: / g:cc\tractmap (Telephone:714536-5227) SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14892 i TABLE OF CONTENTS Section Page 1 General Street Construction..................................................................................2 2 Arterial Highway Improvement...............................................................................2 3 Guarantee .............................................................................................................2 4 Faithful Performance and Security........................................................................3 5 Indemnification, Defense, Hold Harmless..............................................................3 6 Workers' Compensation Insurance........................................................................4 7 Insurance...............................................................................................................4 8 . Certificates of Insurance; Additional Insured Endorsements.................................5 9 Attorneys' Fees......................................................................................................5 4WgreMM12194 SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND SEACLIFF PARTNERS FOR TRACT NO. 14892 THIS AGREEMENT is entered into this 27th day of July , 1994, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and SEACLIFF PARTNERS, a California general partnership hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14892; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Article 997 of CITY'S ordinance code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 6/agree/tr14892/05/12/94 1. GENERAL STREET CONSTRUCTION SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, lot laterals and installation of meters; engineering costs; and any miscellaneous requirements as may be set forth in CITY'S codes. All of said 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. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, and all labor and material bills therefor shall have been paid by SUBDIVIDER. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a period of one (1) year following the date of City Council acceptance of same. 4. FAITHFUL PERFORMANCE AND SECURITY In accordance with Huntington Beach Ordinance Code (HBOC)Article 997, upon execution hereof SUBDIVIDER shall deposit with the City Treasurer the sum of Four Hundred Ninety Four Thousand Dollars ($494,000) as prescribed by HBOC Section 9970, which security is given to CITY to insure faithful performance of this Agreement and of all of 2 6/agreeltr14892105/12/94 the conditions of the Tract Map. The deposit may be by corporate surety bond, cash or other approved form of improvement security. 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; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims,judgments, costs and demands, however caused, including those resulting from death or injury to SUBDIVIDER'S employees and damage to SUBDIVIDER'S property, arising directly or indirectly out of the obligations or operations herein undertaken by SUBDIVIDER, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. SUBDIVIDER will conduct all defense at its sole cost and expense. CITY shall be reimbursed by SUBDIVIDER for all costs or attorney's fees incurred by CITY in enforcing this obligation. 6. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code § 1861, SUBDIVIDER acknowledges awareness of§ 3700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; SUBDIVIDER convenants that it will comply with such provisions prior to commencing performance of the work hereunder. SUBDIVIDER shall maintain Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each 3 6/agree/tr14892/05/12/94 employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. SUBDIVIDER shall require all subcontractors to provide such Workers' Compensation Insurance for all of the subcontractors' employees. SUBDIVIDER shall furnish to CITY a certificate of waiver of subrogation under the terms of the Workers' Compensation Insurance and SUBDIVIDER shall similarly require all subcontractors to waive subrogation. 7. INSURANCE SUBDIVIDER shall cant' at all times incident hereto, on all operations to be performed hereunder, general liability insurance, including coverage for bodily injury, property damage, products/completed operations, and blanket contractual liability. Said insurance shall also include automotive bodily injury and property damage liability insurance. All insurance shall be underwritten by insurance companies in forms satisfactory to CITY for all operations; subcontract work, contractual obligations, product or completed operations and all owned vehicles and non-owned vehicles. Said insurance policies shall name the County of Orange, the CITY and its officers, agents and employees, and all public agencies as determined by the CITY as Additional Insureds. SUBDIVIDER shall subscribe for and maintain said insurance in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated aggregate limit, such limit shall be no less than One Million Dollars ($1,000,000). In the event of aggregate coverage, SUBDIVIDER shall immediately notify CITY of any known depletion of aggregate limits. SUBDIVIDER shall require its insurer to waive its subrogation rights against CITY and agrees to provide certificates evidencing the same. 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by Sections 6 and 7 herein; said certificates shall provide the 4 6/agreeltr14892/05112194 name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to CITY. SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under Section 5 of this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of SUBDIVIDER'S insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. 9. ATTORNEY'S FEES In the event suit is brought by CITY to enforce the terms and provisions of this agreement or in 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 WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. 5 6/agree/tr14892/05/12194 SEACLIFF PARTNERS, a California general CITY OF HUNTINGTON BEACH, partnership, Owner a municipal corporation of the State of California _ By: PACIFIC COAST HOMES,a California corporation,general partner, By: _ ��_ �-� Mayor print name ITS: (circle one)Chairma6 President7Vic;e President ATTEST: By: 0440�_ print name City Clerk ITS: circle one)Secretary/Chief Financial Offic sst. Secrete Treasurer APPROVED S TO FORM: By: UWC-SEACLIFF,L.P., a California corporation,general partner, � -�.C�ity Attorney � 5_1� By: NEW URBAN WEST,INC., a California corporation,general partner, VIEW D APPROVE By: St'L4phen Gunther City Administrator rint name ITS: (circle one)C r an residen ice President INITI TED AND APP ED By: Ct. Cin J. Froman00 rint ame Director of Publi Works ITS: (circle one Secrete hief Financial Officer/Asst. yyy� Secretary-Treasurer 6 6/agree/trl 4892/05/12/94 State of California County of Orange On June 6, 1994, before me, Kathy Spencer, Notary Public, personally appeared C. E. Rice and W. D. Holman, 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 and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. KAW SPENCER Signature nCp,�� z ,=� COWA#1016168 z Notary Puble—Caofmrja ORANGE COUNTY MY Comm.Exp1w FEB It 1"S Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 Date: July 25 . 1991 NOTICE OF ACTION Applicant : Pacific Coast Homes, 2120 Main Street, No . 260, Huntington Beach, CA 92648 Subiect : CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35/MITIGATED NEGATIVE DECLARATION NOS . 90-44 , 90-45 and 90-46 (CONTINUED FROM THE JULY 2, 1991 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on July 23 , 1991 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee is Auaust 2 1991 Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after final approval, unless actual construction has started. (0332d-3) • Huntington Beach Planning Commission P.O. BOX 190 CALIFORN IA 92648 Date: July 25 , 1991 NOTICE OF ACTION TENTATIVE TRACT Applicant : Pacific Coast Homes, 2120 Main Street, No . 260, Huntington Beach, CA 92648 Subiect : TENTATIVE TRACT MAP NOS . 14007, 14009 AND 14010 (CONTINUED FROM THE JULY 2 , 1991 PLANNING COMMISSION MEETING) Your application was acted upon by the Huntington Beach Planning Commission on July 23 , 1991 and your request was : WITHDRAWN APPROVED APPROVED WITH CONDITIONS XX (see attached) DISAPPROVED TABLED CONTINUED UNTIL Under the provisions of the Huntington Beach Ordinance Code, the action taken by the Planning Commission is final unless an appeal is filed to the City Council by you or an interested party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of two hundred ($200) dollars and be submitted to the City Clerk' s office within ten (10) days of the date of the Commission' s action. In your case, the last day for filing an appeal and paying the filing fee is August 2 , 1991 Provisions of the Huntington Beach Ordinance Code provide that approval of this tentative tract shall expire on July 23 . 1993 A request for extension of time must be filed with the Community Development at least thirty (30) days prior to the above expiration date. (0332d-4) �J Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 July 25 , 1991 Pacific Coast Homes 2120 Main Street , No. 260 Huntington Beach, CA 92648 SUBJECT: CONDITIONAL USE PERMIT NO. 90-47 WITH SPECIAL PERMITS/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35/TENTATIVE TRACT MAP NOS . 14007 AND 14009/MITIGATED NEGATIVE DECLARATION NOS. 90-44 , 90-45 and 90-46 REQUEST: Master plan of development to subdivide two (2) non-contiguous parcels of land totalling 51 gross acres into a 141 lot subdivision for single family estate residential development with equestrian amenities . LOCATION : Area bounded by Ellis Avenue to the north, Garfield Avenue to the south, Edwards Street to, the west and Goldenwest Street to the east . DATE OF APPROVAL: July 23 , 1991 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 90-47: 1 . The proposed master plan of development for a 141 lot subdivision with a potential school site designation will be compatible with adjacent properties because it will be developed consistent with the Ellis-Goldenwest Specific Plan standards . 2 . The proposed master plan of development for a 141 lot subdivision with a potential school site designation will not be detrimental to the general welfare of persons working or residing in the vicinity and detrimental to the value of the property and improvements in the neighborhood because all mitigation measures identified in the applicable environmental documents will be implemented . 3 . The location, site layout, and design as modified for the proposed master plan of development for a 141 lcgt subdivision with a potential school site designation properly adapts the proposed structures to streets , driveways , and other adjacent structures and uses in a harmonious manner . 4 . The combination and relationship of the equestrian lots within the subdivisions are properly integrated . 5 . The access to and parking for the proposed 141 lot subdivision with a potential school site designation does not create an undue traffic problem. All street improvements identified in the Development Agreement and negative declarations will facilitate traffic circulation. 6 . The proposed master plan of development encompasses tracts 14007 and 14009 and as modified will provide a compatible estate residential development pursuant to the development standards of the Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - SPECIAL PERMIT: 1 . The following special permits promote a better living environment by adapting the Ellis-Goldenwest Specific Plan requirements to better suit the proposed 141 lot subdivision, which are compatible with the surrounding areas : a . Reduced front setback from 40 feet to 38 feet for lots 110 , 112 , 124 , 126 and 128 , from 30 feet to 27 feet for lots 11-13 , 27 , 29-30, 41, 44 , 51-52, 57 , 60-61, 67 , 71 , 86 and from 30 feet to 28 feet for lot 50 of Tract 14009 . b. Reduced rear yard requirement of 25 feet to 22 feet 6 inches for lots 73 , 74 , 83 and 84 for Tract 14009 . 2 . The requested special permits provides for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout . The reduction of the front and rear yard setbacks within the the (10) percent deviation will provide a staggered effect for building siting and, therefore, improve the streetscape scene. 3 . The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general . *Mitigation Measure -2- 4 . The requested special permits are consistent with the objectives of the Estate Residential Development/Ellis-Goldenwest Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment . FINDINGS FOR APPROVAL - CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35 : 1 . There are exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district . These circumstances are the natural topography and building site restrictions of tract 14007 , the lowering of street elevations , property width restrictions , dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. 2 . The granting of Conditional Exception (Variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten (10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood . The natural topography and building site restrictions of tract 14007, the lowering of street elevations , property width restrictions , dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. 3 . Conditional Exception (Variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten (10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) is consistent with the goals and objectives of the City' s General Plan and Land Use Map designation of Estate Residential . The natural topography and building site restrictions of tract 14007, the lowering of street elevations , property width restrictions , dedication requirements and the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. *Mitigation Measure -3- 4 . The granting of the Conditional Exception (Variance) No . 90-35 for exceeding two (2) foot cut and fill limitation, allow a greater than ten (10) percent deviation for front yard setback and to allow a reduction for lot width (flag lots) will not adversely affect the General Plan of the City of Huntington Beach . The natural topography and building site restrictions of tract 14007, the lowering of street elevations , property width resitrictions and dedication requirements , the required on-site circulation and development restriction of tract 14009 prohibit the master plan of development from conforming to all the development standards of the Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14007 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision for 13 lots are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance . 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per gross acre) and the Ellis-Goldenwest Specific Plan zoning designations were implemented . 3 . The General Plan has set forth provisions for the proposed 13 lot subdivision as well as setting forth objectives for the implementation of this type of use . 4 . The site is physically suitable for the proposed density of 2 . 16 units per gross acre . 5 . Tentative Tract No . 14007 for a 13 lot subdivision is consistent with the goals and policies of the Huntington Beach General Plan and Ellis-Goldenwest Specific Plan. FINDINGS FOR APPROVAL - TENTATIVE TRACT NO. 14009 : 1 . The size, depth, frontage, street width, and other design features of the proposed subdivision for 128 lots and potential school site are in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. *Mitigation- Measure -4- 2 . The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per gross acre) and the Ellis-Goldenwest Specific Plan zoning designations were implemented . 3 . The General Plan has set forth provisions for the proposed 128 lot subdivision and potential school site as well as setting forth objectives for the implementation of this type of use. 4 . The site is physically suitable for the proposed density of 2 . 84 units per gross acre. 5 . Tentative Tract No . 14009 for a 128 lot subdivision and potential school site as amended by staff is consistent with the goals and policies of the Huntington Beach General Plan and the Ellis-Goldenwest Specific Plan. The conditions shall include by reference all applicable mitigation measures from Environmental Impact Report Nos . 88-2 and 89-1 and Negative Declaration Nos . 90-44, 90-45 and 90-46 and all applicable items from Development Agreement No. 90-1. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-47(A)/ CONDITIONAL EXCEPTION (VARIANCE) NO. 90-35/TENTATIVE TRACT MAP NO. 14007/ENVIRONMENTAL ASSESSMENT NO. 90-44 : 1 . The tentative tract map received and dated April 8 , 1991 shall be the conceptually approved layout with the following modification: a . Lettered lot A shall indicate the proper private street boundary. 2 . The site plan, floor plans, and elevations received and dated April 8 , 1991 shall be the conceptually approved layout with the following modification: a . The minimum front setback for the building envelope of lot 6 shall be a minimum 22 feet . 3 . The project shall comply with all applicable provisions of the Ellis Goldenwest Specific Plan, EIR 88-2, EIR 89-1, City Ordinance Code, Building Division and Fire Department, and in accordance with the provisions of Development Agreement 90-1 . * *Mitigation Measure -5- 4 . Fire Department requirements are as follows : a . The project shall meet all applicable local , State and Federal Fire Codes, Ordinances, and standards . * b. Automatic sprinkler systems shall be installed in all structures of 5, 000 square feet or greater in compliance with Huntington Beach Fire Department and Uniform Building Code Standards . Shop drawings will be submitted to and approved by the Fire Department prior to installations . Provide NFPA 13D throughout project with two (2) inch compound water meter and two (2) inch water services for sprinklered structures . c . Address numbers shall be installed to comply with City Specification No . 428 . Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half ( 1/2) inch. d . Names of streets must be approved by the Huntington Beach Fire Department prior to use per City Specification No . 409 . e. A Fire Protection Plan containing requirements of Fire Department Specification No . 426 shall be submitted to the Fire Department for approval . f . The project shall comply with all provisions of the Huntington Beach Fire Code and City Specification No . 422 and 431 for the abandonment of oil wells and site restoration. * g . The project shall comply with all provisions of Huntington Beach Municipal Code Title 17 . 04 . 085 and City Specification No . 429 for new construction within the methane gas overlay districts . * h . Two (2) fire hydrants are required . Shop drawings showing the design and proposed locations of hydrants shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. Fire hydrants may be installed in phases subject to Fire Department approval . i . The developer shall conform to the provisions of Holly-Seacliff Development Agreement No . 90-1 with regards to the following sections : Section 2 .2 . 4 Traffic Circulation Improvements paragraph (c) , (g) ; Section 2 . 2 . 6 Fire and Emergency Medical Aid paragraph (a) , (b) and Section 2 . 4 . 3 Uniform Codes . *Mitigation Measure -6- 5 . Public Works requirements are as follows : a . Access for public maintenance of Goldenwest Street culvert shall be required. b. No construction shall be permitted within the flood zone areas of Lots 1 through 7 . * c. Building permits for Lots 5 and 6 shall not be issued until the storm drain between said lots is constructed and in operation (need owners agreement in writing) . d . Provide drainage system to protect slopes along north boundary line . e. The developer shall provide for the funding or the construction of Goldenwest Street within the tract boundary as a modified primary arterial highway. The design, schedule, and reimbursement to developer for construction of Goldenwest Street shall be in accordance with the provisions of Development Agreement 90-1 . * f . All vehicular access rights to Saddleback Lane and Goldenwest Street shall be released and relinquished to the City except at locations approved by the Planning Commission. g . The developer shall construct street and traffic signal improvements required per Public Works ' requirements indicated in the Table J in EIR No . 88-2 as may be determined by the City. If reimbursement is required, agreements shall be entered into by the developer and the City in accordance with the provisions of Development Agreement 90-1 . * h. The developer shall fund or construct adequate sewerage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * i . The developer shall pay connection fees to either Orange County Sanitation District No. 3 or Orange County Sanitation District No . 11, whichever is appropriate at the time of connection to County Trunk lines . * j . The developer shall fund or construct necessary drainage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * *Mitigation Measure -7- k. Low volume fixture heads shall be incorporated into the design of the water system of each unit . 1 . On-site sewers shall be private, except in public streets . m. All public improvements and design criteria shall be to City standards and in accordance with the requirements of the Specific Plan, City design guidelines, and other City design criteria . n. All new utility lines, including but not limited to, electric (except 66KV) , telephone, street lighting and cable television, shall be place underground within all areas in accordance with Development Agreement No . 90-1 . The developer shall be responsible for complying with this requirement and shall make the necessary arrangements with the utility companies for the installation of such facilities . * o . The developer shall pay Water Systems Capital Facilities Fees in accordance with Development Agreement No . 90-1 . * p . The proposed drainage culvert crossing Goldenwest Street south of Ellis Avenue shall be constructed prior to final building inspection of the first building . 6 . The project design shall comply with standards set forth in Title 24 to minimize total consumption of energy. * 7 . Energy efficient lighting shall be used throughout the project . * 8 . Pool heating units may include those which are solar powered . * 9 . Tracts and individual homes shall be designed (through siting and orientation of streets, lots, and buildings) to maximize passive solar heating and cooling opportunities to the extent feasible . * 10 . All outdoor lighting shall be consistent with the standards established by the Specific Plan to minimize off-site light intrusion . * 11 . All outdoor lighting shall be hooded and directed downward to minimize direct light and glare impacts on public rights-of-way and surrounding properties . * *Mitigation Measure -8- 12 . Street lighting shall consist of energy efficient lighting and shall be consistent with the City street lighting standards . * 13 . Fire access lanes must be provided and kept unobstructed to prevent adverse impacts on fire protection from ongoing oil production hazards . * 14 . The project developer shall provide easy access into and within the project site for emergency vehicles . All internal roadways shall comply with the City of Huntington Beach Fire Department ' s requirements to provide adequate access for emergency vehicles . * 15 . The project shall be designed such that all areas of the project shall be well-lit , including alcoves , walkways , doorsteps , and parking facilities . * 16 . Addresses shall be well marked to facilitate response by officers . 17 . The developer shall implement water conservation measures applied City-wide as recommended by the Water Division of the City' s Public Works Department . * 18 . To reduce the projects impacts on waste disposal facilities , the project design shall develop a means for reducing the amount of waste generated both during construction and when the project is in use . The waste reduction program shall be approved by the Planning Director prior to issuance of building permits . Potential ways of reducing project waste loads include implementation of recycling programs, and use of low maintenance landscaping (i . e. , native vegetation instead of turf) . * 19 . The developer shall contact an approved disposal company during the design stage to ensure the most efficient and economical means for rubbish removal . The design shall include rubbish enclosures , projected travel areas, and turnabouts where necessary. * 20 . The developer shall consult with the Southern California Gas Company during the building design phase for further energy conservation measures . * *Mitigation Measure -9- • 21 . The developer shall consult with Southern California Edison during the building of design phase for further energy conservation measures . * 22 . The developer shall submit to General Telephone building plans which will enable GTE to assess the improvements necessary to provide service to the project site. * 23 . The Huntington Beach Union High School District shall coordinate its expansion plans with phasing of development within the project area and surrounding areas . * 24 . Developers shall submit to Southern California Gas and Southern California Edison planning divisions all tract maps and improvement plans for the project so that proper planning , phasing and sizing of needed mains and service lines can be designed . * 25 . Building construction shall comply with the standards and , specifications of Paragon Cable TV Company. * 26 . Development of the proposed project shall occur concurrently with development of the City' s water system improvements to allow for adequate water service to the site subject to Development Agreement 90-1 . * 27 . All proposed development shall comply with the phasing and design of water facilities as shown on the water facilities map in accordance with Development Agreement 90-1 so as to provide adequate looped systems to service the adjoining properties . * 28 . The applicant shall consult the Police Department during preliminary stages of the project design to review the safety features , determine their adequacy, and suggest improvements . * 29 . The developer shall provide constructive notice to all buyers as to the equestrian nature of the Community and shall specify which lots can accommodate equestrian boarding. 30 . Equestrian trails within the proposed tract shall be clearly identified on the map . The location of the trails shall be in conformance with the Specific Plan . *Mitigation Measure -10- • • 31 . Applicant shall prepare a written mitigation monitoring program consistent with the provisions of Public Resources Code Section 21081 . 6 . This program shall be prepared to the specifications of the Community Development Director or designee, and shall include at a minimum the following items : a . A comprehensive phasing program, listing in chronological order the estimated dates for initiation and completion of all adopted mitigation measures , public improvements , grading, and construction approved in connection with the project . b. The applicant shall provide a schedule of quarterly reports and meetings to review the status of all mitigation measures , project improvements , and terms of development agreement . The schedules shall identify the parties assigned to complete these reports , their addresses and phone numbers . This information will be used to verify the status of all required mitigation actions . c . A listing of the City officials and any other individuals assigned to monitor any specific portions of the mitigation program requiring specialized expertise . This list shall be approved by the Community Development Director or designee with respect to the technical expertise and qualifications of said monitors . Monitors shall have full access to the subject property at any time during normal construction, business or operating hours . d . A checklist identifying all mitigation measures and the date of their completion, signed by the appointed monitors (as designated per No . c above) to demonstrate compliance with all applicable mitigation measures . The appointed monitor may use the sample checklist provided in Attachment A or formulate a similar checklist . A checklist shall not be considered final until reviewed and approved by the Community Development Director or designee . No occupancy permits shall be granted until such determination has been made and filed in the office of the Community Development Department . e . Applicant shall prepare a "mitigation agreement" to the specifications of the City Attorney, which shall be binding upon the applicant with respect to the implementation of all mitigation measures specified therein. *Mitigation Measure -11- • • 32 . The applicant shall submit a revised tentative tract map and site plan as modifed pursuant to Condition Nos . 1 and 2 for inclusion in the subject files prior to final tract map submittal . 33 . The subdivision shall be in substantial conformance with the draft Ellis-Goldenwest Specific Plan Design Guidelines and/or as they may be modified as mutually agreed upon between the City and applicant . 34 . This conditional use permit and conditional exception (variance) shall become null and void unless exercised within two (2) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 35 . The Planning Commission reserves the right to modify the terms of this conditional use permit and conditional exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs . FINAL TRACT MAP The following shall be completed prior to City Council approval of the final tract map: 1 . The developer shall pay park acquisition and development fees of $3 , 120 per dwelling unit, less any available credits for dedication of land and/or payment of park fees in accordance with Development Agreement No . 90-1 . * 2 . At least 60 days prior to recordation of the final tract map, CC&Rs shall be submitted to and- approved by the City Attorney and the Department of Community Development .- The CC&Rs shall provide for : a . Common driveway access easements , if any. b. Irrevocable reciprocal access and parking easements on all public and private street within the tract and adjacent properties and tracts . c. Maintenance of all walls, common areas , and private streets by a property owners ' association. Upon approval by the City, the CC&Rs shall be recorded in the office of the County Recorder and a copy filed with the Department of Community Development . 3 . The proposed height of street lights on-site shall be approved by the Planning Director and Public Works Director . *Mitigation Measure -12- 0 • 4 . All exterior lighting shall be approved by the City of Huntington Beach Planning Department and City Engineer . 5 . Applicant shall submit an affordable housing plan which provides for 20% of the total units approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tracts . The affordable units shall be under construction or available to the public prior to final inspection for the homes in master Conditional Use Permit No . 90-47 . The plan may include: a . Build affordable units at an alternative location which is under control of the applicant . b. Rehabilitate existing units and ensure long term affordability. c . Preserve existing affordable units for the long term (30 years) . d . Other options which generate new opportunities for affordable housing . PLAN CHECK The following shall be completed prior to submittal of working drawings for plan check and application for building permits : 1 . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . 2 . Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on a site plan to the extent available . Any such apparatus located in the front and exterior yard setbacks shall be screened by landscaping or other method as approved by the Community Development Director . 3 . Floor plans shall depict natural gas and 22OV electrical shall be stubbed in at the location of clothes dryers ; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units ; and low-volume heads shall be used on all spigots and water faucets . 4 . If foil-type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . *Mitigation Measure -13- i • 5 . The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . 6 . Elevations shall depict conceptual colors and building materials proposed . 7 . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. GRADING PERMIT The following shall be completed prior to the issuance of a grading permit : 1 . Hydrology and hydraulic studies shall be submitted for Public Works approval . * a . The tentative tract map and site plans shall be consistent with the Specific Plan in preserving area-wide natural drainage patterns, preserving and enhancing the goals , objectives and policies of the General Plan Open Space Element associated with the natural swales . * b. The tentative tract map, site plans and hydrology studies shall comply with the Specific Plan standards . These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. * c . Precise hydrologic and drainage design studies shall provide mitigation programs to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts . All devices , drains , etc. proposed shall be designed in accordance with City of Huntington Beach and County of Orange standards . The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities of water, increases in water volume flow speed, impacts to down stream receptors , location of grease traps, siltation control , on and off-site erosion, and any other information required by the City Engineer . * *Mitigation Measure -14- 2 . A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . * a . Erosion control plans shall include measures such as the following : * - Diversion of off-site runoff away from the 'construction site; - Prompt revegetation of proposed landscaped areas ; - Perimeter sandbagging or temporary basins to trap sediment; and - Regular sprinkling of exposed soils during construction phases . b. Internal collector streets shall be designed to be aligned around topographical features and avoid crossing the ,natural swales where possible. * c . Structural design shall fit the natural land forms to the greatest extent possible by implementing the use of retaining walls , split level and platform structures where appropriate . * d . Grading shall be accomplished in such a manner so as to avoid all Specific Plan designated drainage swales and sharp angles while enhancing the natural terrain. Cut and fill procedures shall be set forth in accordance with the requirements of the Specific Plan except as shown on approved plans . * e . Only limited grading activities or development shall be allowed within areas encompassing Specific Plan designated natural swales on site ( refer to Attachment #2 ; Exhibit 8 of the Ellis-Goldenwest Specific Plan) , except as shown on approved plans . Grading should be limited to changes required to install access roads, utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas . * f . If any diversion, obstruction of the natural flow, or changes in the bed, channel or bank of any river or stream is proposed by the development, the Department of Fish and Game shall be notified (as required in Sections 1601 through 1603 of the Department of Fish and Game Code) . This notification (with associated fee) shall be made after the approval of tentative tract maps and prior to issuance of grading permits . * *Mitigation Measure -15- Soils 3 . A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties , foundations , retaining walls, streets, and utilities . * a . Alluvium residual soils and fill soils shall be removed in the areas that will receive fill or other surface improvements down to native and/or competent materials and recompacted . Studies shall be done to determine native elevations and evaluate the extent of compressibility of the soils for structural design purposes . These studies shall be reviewed and approved by all appropriate departments at the City of Huntington Beach. * b. Grading plans shall demonstrate that three or more feet of expansive clays shall be removed beneath structural loads and replaced with low expansive soils . Special foundations shall be designated to tolerate the nature of the expansive soils . Additional studies shall be done to delineate the actual locations and expansion potential of the soils as well as for structural design purposes . * c. Should Quaternary non-marine terrace deposits be identified, additional subsurface investigations shall be performed prior to the issuance of grading permits to analyze the slope stability of the Quaternary non- marine terrace deposits , to provide design criteria for earth work construction, and to assess the rippability of on site soils . * d. The developer shall submit to the City detailed engineering reports on the soil and seismicity characteristics of the project site . The City shall review and approve these studies to ensure that the structural designs are maintained. * e. All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake. * f . All grading plans shall incorporate subdrains that shall be placed beneath the fill soils or an equal means of protection as determined by the City Engineer . Additional studies shall be done to evaluate ground water depth and moisture zones . * *Mitigation Measure -16- g . Grading plans shall demonstrate that alluvial soils shall be removed in the areas that will receive frill or foundation loading down to competent materials and recompacted . Additional studies shall be done to evaluate the extent of liquefaction of the soils for structural design purposes . * 4 . A site reconnaissance should be performed including a phased Environmental Site Assessment to evaluate areas where a contamination of the surficial soils may have taken place. The environmental assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on-site contamination. Phase I should include: * a . Review of available documents pertinent to the subject site to evaluate current and previous uses . b. Site reconnaissance to evaluate areas where contamination of surficial soils may have taken place . c . Excavation and testing of oil samples to determine presence of near surface contamination of soil . d . Subsurface exploration to determine presence of sumps on-site . Testing of possible drilling fluids for heavy metals . e . Completion of soil gas vapor detection excavations located adjacent to the existing on-site wells . f . Testing of air samples for gas vapor, methane gas and sulfur compounds . g . If warranted upon completion of the Environmental Assessment, a Remedial Action Plan can be developed. This plan shall address the following items: 1 . Treatment of possible crude oil contaminated soils . A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills (subgrade) . 2 . Treatment of possible drilling sumps by either on-site disposal of non-contaminated drilling fluids or off-site disposal of contaminated fluids . 3 . Treatment of the possibility of the accumulation of methane gas . *Mitigation Measure -17- h. If hazardous concentrations of methane are encountered, further studies shall include the following tasks : 1 . Drilling of test wells to monitor for subsurface methane deposits and confirm or deny the presence of biogenic methane bearing strata near the surface in the development area; 2 . Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps ; 3 . Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples ; 4 . Vapor survey areas adjacent to known abandoned oil wells; 5 . Laboratory analysis of selected soil samples for metals and soil vapor samples for gases . 5 . Unless otherwise determined by a City approved archaeology report, all ground disturbing activity within the project site shall be monitored by a qualified archaeologist . If in situ archaeological deposits are encountered, the archaeologist shall be empowered to halt or redirect the ground disturbing activity until proper recovery action can be accomplished. * BUILDING PERMITS The following shall be completed prior to the issuance of building permits : 1 . A final tract map shall be accepted by the City Council, recorded with the Orange County Recorder, and a copy filed with the Department of Community Development . 2 . All applicable Public Works fees shall be paid. 3 . The developer shall pay traffic impact fees of $150 . 00 per trip per day generated by the project , less any available credits, in accordance with Development Agreement No . 90-1 . * 4 . The developer shall contribute to the new fire station/paramedic manning facility and opticom systems in accordance with Development Agreement No . 90-1 . * 5 . The applicant shall pay school fees per State law to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. * *Mitigation Measure -18- 6 . Developer shall submit water improvement plans for both domestic (potable) and reclaimed (Green Acres) systems . All residential lots shall have separate services for both water systems . * 7 . The water system shall be located within vehicular travelways and dedicated to the City. The Developer/Homeowner ' s Association shall be held responsible for repairing any enhanced pavement , if the water mains , etc. , require repair or maintenance . 8 . Developer shall adopt further mitigation efforts applied City-wide as approved by the Water Division to reduce peak hour demands . * 9 . Developer shall submit water system hydraulic calculations to ensure system adequacy and line sizing . No ten inch (10" ) lines will be allowed . Use twelve inch (12" ) water main if calculations show ten inch (10" ) dine capacities . * 10 . The water system shall have two sources, i . e. , looped . No dead ends except in approved cul de sacs . The water system shall be installed per the Public Works Department ' s standards , ordinances and policies. 11 . No combustible construction shall occur until an approved water system is installed . 12 . Building permits shall not be approved for development for the subject property unless the City Engineer has determined that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 13 . Prior to approval of building permits for production homes (excludes models) the developers shall construct necessary drainage and detention facilities to reduce the peak run off from the site to the approval of the City Engineer . * 14 . Prior to issuance of building permits , the applicant shall demonstrate in a manner satisfactory to the City, that service vehicle access to all remaining operating oil wells off-site shall not occur through existing or proposed residential tract . * 15 . Fronts of residences shall not face off-site oil wells and tanks ; on-site oil wells shall be screened pursuant to the Huntington Beach Municipal Code. * *Mitigation Measure -19- 16 . All potential buyers and renters of on-site residences shall be notified of the effects resulting from on-site and off-site oil production activities . The notification shall state the frequency and locations of maintenance and service operations . The notification shall indicate that noise levels from oil activities may also significantly increase during these times . * 17 . Prior to the issuance of building permits , the applicant shall submit an acoustical analysis of the proposed development, prepared under the supervision of an acoustical engineer . Potential noise sources to be analyzed shall include traffic- generated noise, helicopter overflight and noise resulting from operation of on-site oil wells . The analysis shall include a discussion of the potential need for noise attenuation measures and/or noise barriers around oil wells . This analysis shall be submitted to and approved by the Planning Department . * 18 . If noise barriers are to be required, an acoustical engineer shall review the barrier plans to assure acceptable noise reductions and compliance with the City' s Noise Ordinance . * 19 . When final site plans and construction drawings have been prepared, an acoustical analysis of residential development within the traffic-generated 60 CNEL contour and within the area impacted by helicopter overflight shall be prepared to insure that the noise criteria have been met . Construction plans shall be reviewed and approved by an acoustical engineer to certify acceptability prior to the issuance of building permits . * 20 . Full disclosure to all potential homeowners within the tract shall be provided regarding the potential for noise generated by oil wells and helicopter overflights within the area (as identified by required acoustical analysis) . * 21 . No new residential units shall be permitted within 25 feet of a gasoline engine- powered pump unless a noise study prepared by an acoustical engineer demonstrates that barriers and/or other noise attenuation measures (such as conversion of gasoline-powered motors to electric) can ensure noise levels are consistent with the City' s Noise Ordinance Standards . * 22 . Prior to approval of building permits , complete building plans shall be submitted to and approved by the Fire Department . * 23 . If during the Fire Department ' s plan check it becomes evident that fireground operations will become impeded, the department will impose mitigation measure such as automatic sprinkler systems, alarm systems , access roads , etc . * *Mitigation Measure -20- 24 . The following water conservation measures shall be implemented as required by state law: * a . Low-flush toilets . b. Low-flow showers and faucets . c . Insulation of hot water lines in water recirculating systems . d. Compliance with water conservation provisions of the appropriate plumbing code . 25 . Interior water conservation measures shall be utilized . Low-flow plumbing fixtures and water pressure regulators to limit down-stream pressure to a maximum of 60 psi shall be installed . * LANDSCAPE PLANS IMPROVEMENTS AND MAINTENANCE 1 . Prior to issuance of building permits, a Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials ( location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with the Ellis/Goldenwest Specific Plan. The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be' replaced at a 2 to 1 ratio with minimum 36-inch box trees , which shall be incorporated into the project ' s landscape plan. * 2 . Developer shall incorporate "drought tolerant" plants and turf for all common area landscaping . * 3 . Landscaping shall be designed so as to minimize visual impacts on adjacent parcels . Special consideration shall be given to orientation of the project ' s residences ( i . e . , windows and decking) so as to respect the privacy of adjacent and nearby homes . * 4 . Landscape plantings and signs shall be limited in height in the vicinity of project driveways to assure good visibility. * 5 . Use mulch extensively in all landscaped areas . Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. * *Mitigation Measure -21- 6 . Use pervious paving material whenever feasible to reduce surface water runoff and aid in ground water recharge. * 7 . Control slopes and grades to discourage water waste through runoff . * 8 . Minimize use of lawns and utilize warm season, drought tolerant grasses . * 9 . The developer shall provide information to occupants regarding benefits of low water use landscaping and sources of additional assistance in selecting irrigation and landscaping. * 10 . A fence in accord with the design guidelines shall be erected on either side of all on-site horse trails to separate this use from other on-site uses . * 11 . The landscape irrigation systems for all arterial landscaped setbacks and medians shall include a separate water line for the use of reclaimed water subject to Water Department approval . * 12 . Irrigation systems shall be designed to minimize water waste to the greatest extent possible . Such measures should involve such features as the following : * a . Raised planters and berming in conjunction with closely spaced low volume, low angle (22-1/2 degree) sprinkler heads . b. Drip irrigation. c . Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses . d . The use of reclaimed water for irrigated areas and equestrian trails . The project developers shall connect to the Orange County Waste District ' s "Green Acres" system of reclaimed water should this supply of water be available . Separate irrigation services shall be installed to ease this transition. 13 . All required landscaping and irrigation systems for each phase of construction shall be installed and completed prior to final building inspection of the first production unit of that phase to adequately screen on-site light and glare impacts . * 14 . All perimeter and common area landscaping shall be owned and permanently maintained by a property owners association, maintenance district , or other mechanism approved by the City. *Mitigation Measure -22- • • DURING CONSTRUCTION 1 . Construction shall be limited to Monday - Saturday, 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . * 2 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel ( . 05% by weight) for construction equipment ; d . Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; e . Discontinue construction during second stage smog alerts . 3 . Water shall be applied to the site twice daily in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions) to mitigate the impact of construction-generated dust particulates . * 4 . The applicant shall comply with all rules and regulations of the SCAQMD. * 5 . Major grading shall occur when soil moisture is optimum to control dust . * 6 . All building spoils , such as unusable lumber, wire, pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 7 . Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements . 8 . Roads and hydrants shall be in-service prior to combustibles on-site. *Mitigation Measure -23- 9 . If during construction activities , contamination from hazardous substances , including pesticides and oil field wastes , are found to exist or if a potential exists for water quality impacts , the Orange County Health Care Agency, Waste Management Section, shall be contacted for oversight of mitigation activities . * CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 90-47(B)/ CONDITIONAL EXCEPTION (VARIANCE) NO 90-35/TENTATIVE TRACT MAP NO. 14409/ENVIRONMENTAL ASSESSMENT NOS. 90-45 AND 90-46 : 1 . The tentative tract map received and dated July 16 , 1991 shall be the conceptually approved layout with the following modifications : a . The applicant shall obtain an easement to provide the necessary street width of 42 feet for lot I or modify the tract accordingly. b. All lettered lots (B, C, D, E, F, G, H, I) shall indicate the proper private street boundary. c . Lettered lot S shall include an eight (8) foot wide equestrian trail . The equestrian trail shall meander and run the entire length (north to south) of the lot . d . Saddleback Lane shall be indicated as a public street . e . The proposed reciprocal access point at the western end of the private stret ( lot D) shall be modified to be relocated to the south to connect with the proposed private street ( lot E) as recommended by and to the satisfaction of the Traffic Engineer . f . Lots no . 119 , 120, 121, 122 and 123 shall provide an eight (8) foot wide continuous and unobstructed access easement dedicated for public purposes along the northerly ( rear) property line of said lots to provide access to the equestrian trail system. 2 . The site plan, floor plans , and elevations received and dated July 16 , 1991 shall be the conceptually approved layout with the following modification: a . The minimum front setback for the building envelope of lots 100 and 103 shall be a minimum 22 feet . b. Lettered lot S shall include an eight (8) foot wide equestrian trail . The equestrian trail shall meander and run the entire length (north to south) of the lot . *Mitigation Measure -24- c. The proposed reciprocal access point at the western end of the private stret ( lot D) shall be modified to be relocated to the south to connect with the proposed private street (lot E) as recommended by and to the satisfaction of the Traffic Engineer . d . Lots no . 119 , 120 , 121, 122 and 123 shall provide an eight (8) feet wide continous and unobstructed access easement dedicated for public purposes along the northerly (rear) property line of said lots to provide access to the equestrian trail system. 3 . The project shall comply with all applicable provisions of the Ellis Goldenwest Specific Plan, EIR 88-2, EIR 89-1, City Ordinance Code, Building Division and Fire Department, in accordance with the provisions of Development Agreement 90-1 . * 4 . Fire Department requirements are as follows : * a . The project shall meet all applicable local , State and Federal Fire Codes , Ordinances , and standards . b. Automatic sprinkler systems will be installed in all structures of 5, 000 square feet or greater in compliance with Huntington Beach Fire Department and Uniform Building Code Standards . Shop drawings will be submitted to and approved by the Fire Department prior to installations . Provide NFPA 13D throughout project with two (2) inch compound water meter and two (2) inch water services for sprinklered structures . c . Address numbers will be installed to comply with City Specification No . 428 . Individual units will be sized a minimum of four (4) inches with a brush stroke of one-half (1/2) inch. d . Names of streets must be approved by the Huntington Beach Fire Department prior to use per City Specification No . 409 . e . A Fire Protection Plan containing requirements of Fire Department Specification No . 426 shall be submitted to the Fire Department for approval . f . The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No . 422 and 431 for the abandonment of oil wells and site restoration. * g . The project will comply with all provisions of Huntington Beach Municipal Code Title 17 . 04 . 085 and City Specification No . 429 for new construction within the methane gas overlay districts . * *Mitigation Measure -25- h. Twenty-three (23) fire hydrants are required. Shop drawings showing the design and proposed locations of hydrants shall be submitted to the Public Works Department and approved by the Fire Department prior to installation. Fire hydrants may be installed in phases subject to Fire Department approval . i . The developer shall conform to the provisions of Holly-Seacliff Development Agreement No . 90-1 with regards to the following sections : Section 2 . 2 . 4 Traffic Circulation Improvements paragraph (c) , (g) ; Section 2 . 2 . 6 Fire and Emergency Medical Aid paragraph (a) , (b) and Section 2 . 4 . 3 Uniform Codes . j . Developer shall provide interim secondary access to the tract for emergency vehicles until permanent access is obtained at Lot C on the north side of the tract . 5 . Public Works requirements are as follows : a . The developer shall provide for the funding or the construction of Edwards Street as a secondary arterial highway and Goldenwest Street and Garfield Avenue as modified primary arterial highway within the tract boundary. The design, schedule, and reimbursement to developer for construction of Edwards Street, Goldenwest Street and Garfield Avenue shall be in accordance with the provisions of Development Agreement No . 90-1 . * b. All vehicular access rights to Edwards Street , Garfield Avenue, Goldenwest Street and Saddleback Lane shall be released and relinquished to the City except at locations approved by the Planning Commission. c . A STOP sign to control outbound traffic on all project area access roadways as deemed necessary by the City' s Traffic Division shall be installed prior to issuance of any residential occupancy permits . * d . Per Public Works requirements , the developer shall dedicate an easement at Edwards Street/Garfield Avenue for a traffic signal . * e. The developer shall construct street and traffic signal improvements required per Public Works ' requirements indicated in Exhibit 20 and Table J in EIR No . 88-2 as may be determined by the City including providing a minimum 150-foot left turn pocket in the Garfield Avenue median. . Per Public Works requirements , the developer shall dedicate an easement at Edwards Street/Garfield Avenue for a traffic signal . If reimbursement is required, agreements shall be entered into by the developer and the City in accordance with the provisions of Development Agreement 90-1 . * *Mitigation Measure -26- f . The developer shall fund or construct adequate sewerage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * g . The developer shall pay connection fees to either Orange County Sanitation District No. 3 or Orange County Sanitation District No . 11, whichever is appropriate at the time of connection to County Trunk lines . * h . The developer shall fund or construct necessary drainage facilities for the tract in accordance with the provisions of Development Agreement No . 90-1 . * i . Low volume fixture heads shall be incorporated into the design of the water system of each unit . j . On-site sewers shall be private, except in public streets . k. All public improvements and design criteria shall be to City standards and in accordance with the requirements of the Specific Plan, City design guidelines, and other City design criteria . 1 . All new utility lines , including but not limited to, electric (except 66KV) , telephone, street lighting and cable television, shall be place underground within all areas in accordance with Development Agreement No. 90-1 . The developer shall be responsible for complying with this requirement and shall make the necessary arrangements with the utility companies for the installation of such facilities . * m. The developer shall pay Water Systems Capital Facilities Fees in accordance with Development Agreement No . 90-1 . * n. The City shall acquire the Right-Of-Way and developer shall construct the storm drain improvements on Saddleback Lane between tracts 14009 , 13714 and 13439 . o . No building permits to be issued except for models along Saddleback Lane until storm drains are in and operating. p . The proposed drainage culvert crossing Goldenwest Street south of Ellis Avenue shall be constructed prior to final building inspection of the first building.. 6 . The project design shall comply with standards set forth in Title 24 to minimize total consumption of energy. * 7 . Energy efficient lighting shall be used throughout the project . * 8 . Pool heating units may include those which are solar powered . * *Mitigation Measure -27 0 9 . Tracts and individual homes shall be designed (through siting and orientation of streets , lots, and buildings) to maximize passive solar heating and cooling opportunities to the extent feasible . * 10 . All outdoor lighting shall be consistent with the standards established by the Specific Plan to minimize off-site light intrusion. * 11 . All outdoor lighting shall be hooded and directed downward to minimize direct light and glare impacts on public rights-of-way and surrounding properties . * 12 . Street lighting shall consist of energy efficient lighting and shall be consistent with the City street lighting standards . * 13 . Fire access lanes must be provided and kept unobstructed to prevent adverse impacts on fire protection from ongoing oil production hazards . * 14 . The project developer shall provide easy access into and within the project site for emergency vehicles . All internal roadways shall comply with the City of Huntington Beach Fire Departments requirements to provide adequate access for emergency vehicles . * 15 . The project shall be designed such that all areas of the project will be well-lit, including alcoves, walkways , doorsteps , and parking facilities . * 16 . Addresses shall be well marked to facilitate response by officers . 17 . The developer shall implement water conservation measures applied City-wide as recommended by the Water Division of the City' s Public Works Department . * 18 . To reduce the projects impacts on waste disposal facilities , the project design shall develop a means for reducing the amount of waste generated both during construction and when the project is in use. The waste reduction program shall be approved by the Planning Director prior to issuance of building permits . Potential ways of reducing project waste loads include implementation of recycling programs, and use of low maintenance landscaping ( i . e . , native vegetation instead of turf) . * 19 . The developer shall contact an approved disposal company during the design stage to ensure the most efficient and economical means for rubbish removal . The design shall include rubbish enclosures , projected travel areas, and turnabouts where necessary. * *Mitigation Measure -28- • i 20 . The developer shall consult with the Southern California Gas Company during the building design phase for further energy conservation measures . * 21 . The developer shall consult with Southern California Edison during the building of design phase for further energy conservation measures . * 22 . The developer shall submit to General Telephone building plans which will enable GTE to assess the improvements necessary to provide service to the project site . * 23 . The Huntington Beach Union High School District shall coordinate its expansion plans with phasing of development within the project area and surrounding areas . * 24 . Developers shall submit to Southern California Gas and Southern California Edison planning divisions all tract maps and improvement plans for the project so that proper planning , phasing and sizing of needed mains and service lines can be designed . * 25 . Building construction shall comply with the standards and specifications of Paragon Cable TV Company. * 26 . Development of the proposed project shall occur concurrently with development of the City' s water system improvements to allow for adequate water service to the site subject to Development Agreement 90-1 . * 27 . All proposed development shall comply with the phasing and design of water facilities as shown on the water facilities map in accordance with Development Agreement No . 90-1 so as to provide adequate looped systems to service the adjoining properties . 28 . The applicant shall consult the Police Department during preliminary stages of the project design to review the safety features, determine their adequacy, and suggest improvements . * 29 . The developer shall provide constructive notice to all buyers as to the equestrian nature of the Community and shall specify which lots can accommodate equestrian boarding . 30 . Equestrian trails within the proposed tract shall be clearly identified on the map. The location of the trails shall be in conformance with the Specific Plan. *Mitigation Measure -29- 31 . Applicant shall prepare a written mitigation monitoring program consistent with the provisions of Public Resources Code Section 21081 . 6 . This program shall be prepared to the specifications of the Community Development Director or designee, and shall include at a minimum the following items : a . A comprehensive phasing program, listing in chronological order the estimated dates for initiation and completion of all adopted mitigation measures, public improvements , grading, and construction approved in connection with the project . b. If the project is accompanied by a development agreement , owner participation agreement, or other adopted agreement , applicant shall provide a schedule of quarterly reports and meetings to review the status of all mitigation measures , project improvements , and terms of development agreements . The schedules shall identify the parties assigned to complete these reports, their addresses and phone numbers . This information will be used to verify the status of all required mitigation actions . c . A' listing of the City officials and any other individuals (hereinafter referred to as "monitors : ) assigned to monitor any specific portions of the mitigation program requiring specialized expertise. This list shall be approved by the Community Development Director or designee with respect to the technical expertise and qualifications of said monitors . Monitors shall have full access to the subject property at any time during normal construction, business or operating hours . d. A checklist identifying all mitigation measures and the date of their completion, signed by the appointed monitors ( as designated per No . c above) to demonstrate compliance with all applicable mitigation measures . The appointed monitor may use the sample checklist provided in Attachment A or formulate a similar checklist . A checklist shall not be considered final until reviewed and approved by the Community Development Director or designee. No occupancy permits shall be granted until such determination has been made and filed in the office of the Community Development Department . e. Applicant shall prepare a "mitigation agreement" to the specifications of the City Attorney, which shall be binding upon the applicant with respect to the implementation of all mitigation measures specified therein. *Mitigation Measure -30- 32 . The applicant shall submit a revised tentative tract map and site plan as modified pursuant to Condition Nos . 1 and 2 for inclusion in the subject file prior to final tract map submittal . 33 . The subdivision shall be in substantial conformance with the draft Ellis-Goldenwest Specific Plan Design Guidelines and/or as they may be mutually agreed upon to be modified between the City and applicant . 34 . No fencing/walls greater than 42 inches in height shall be placed or constructed along the access portion of the flag lots (Lots Nos . 28 , 42, 48 , 75, 76, 81, 82) . Fencing/wall plans for the subject lots shall be subject to review and approval by the Community Development Director . 35 . This conditional use permit and conditional exception (variance) shall become null and void unless exercised within two (2) years of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 36 . The Planning Commission reserves the right to modify the terms of this conditional use permit and conditional exception (variance) if any violation of these conditions or the Huntington Beach Ordinance Code occurs . FINAL TRACT MAP The following shall be completed prior to City Council approval of the final tract map: 1 . The developer shall pay park acquisition and development fees of $3 , 120 per dwelling unit , less any available credits for dedication of land and/or payment of park fees in accordance with Development Agreement No . 90-1 . * 2 . At least 60 days prior to recordation of the final tract map, CC&Rs shall be submitted to and approved by the City Attorney and the Department of Community Development . The CC&Rs shall provide for : a . Common driveway access easements , if any. b. Irrevocable reciprocal access and parking easements on all public and private street within the tract and adjacent properties and tracts . c . Maintenance of all walls, common areas , and private streets by a property owners ' association. Upon approval by the City, the CC&Rs shall be recorded in the office of the County Recorder and a copy filed with the Department of Community Development . *Mitigation Measure -31- i 3 . The proposed height of street lights on-site shall be approved by the Planning Director and Public Works Director . 4 . All exterior lighting shall be approved by the City of Huntington Beach Planning Department and City Engineer . 5 . Applicant shall submit an affordable housing plan which provides for 20% of the total units approved to be affordable to families of low and moderate income. Said plan shall be executed prior to issuance of the first building permit for the tracts . The affordable units shall be under construction or available to the public prior to final inspection for the homes in master Conditional Use Permit No . 90-47 . The plan may include: a . Build affordable units at an alternative location which is under control of the applicant . b. Rehabilitate existing units and ensure long term affordability. c . Preserve existing affordable units for the long term (30 . years) . d. Other options which generate new opportunities for affordable housing . 6 . Lots numbered 63 through 94 and lettered lots D, E, M, N and O, are located in an area of the Huntington Beach General Plan as a potential school site. The subdivider shall offer to dedicate this area to the Huntington Beach City School District in accordance with the provisions of Huntington Beach Ordinance Code § 9962 et seq. and California Government Code section 66478 amended by mutual consent (Developer and School District) to permit a minimum four (4) month and maximum six (6) month acceptance or refusal period . Should the School District decline to accept the offer of dedication, the above referenced lots may then be developed in accordance with the terms and conditions of Tentative Tract Map No . 14009 and Conditional Use Permit No . 90-47, Conditional Exception (Variance) No . 90-35 and Negative Declaration Nos . 90-45 and 90-46 relating to residential development , provided that such development complies with all relevant provisions of State and City law, the Huntington Beach General Plan, the applicable zoning, and any other agreements or entitlements granted or required by the City of Huntington Beach. If the school District declines to accept the school site, the General Plan shall be amended (by City Council approval) to remove or relocate the school site designation. *Mitigation Measure -32- In the event the school district accepts the offer of dedication, Tentative Tract Map No. 14009 shall be reviewed by the Planning Commission, the Community Development Department and the City' s Traffic Engineer. The review shall be limited to the school site area for access and circulation conformance with the Ellis-Goldenwest Specific Plan. PLAN CHECK The following shall be completed prior to submittal of working drawings for plan check and application for building permits : 1 . Submit three copies of the site plan to the Planning Division for addressing purposes . If street names are necessary, submit proposal to Fire Department for review and approval . 2 . Depict all utility apparatus , such as but not limited to backflow devices and Edison transformers, on a site plan to the extent available . Any such apparatus located in the front and exterior yard setbacks shall be screened by landscaping, or other method as approved by the Community Development Director . 3 . Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities , water heaters , and central heating units ; and low-volume heads shall be used on all spigots and water faucets . 4 . If foil-type insulation is to. be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans . 5 . The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s) . 6 . Elevations shall depict conceptual colors and building materials proposed . 7 . The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. GRADING PERMIT The following shall be completed prior to the issuance of a grading permit : 1 . Hydrology and hydraulic studies shall be submitted for Public Works approval . * .*Mitigation Measure -33-- a . The tentative tract map and site plans shall be consistent with the Specific Plan in preserving area-wide natural drainage patterns, preserving and enhancing the goals, objectives and policies of the General Plan Open Space Element associated with the natural swales . * b. The tentative tract map, site plans and hydrology studies shall comply with the Specific Plan standards . These standards shall restrict development that blocks that portion of the swale needed to accommodate runoff from the 100-year storm. * c . Precise hydrologic and drainage design studies shall provide mitigation programs to minimize the runoff impacts on developed and undeveloped properties adjacent to developing tracts . All devices , drains , etc. proposed shall be designed in accordance with City of Huntington Beach and County of Orange standards . The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities of water, increases in water volume flow speed, impacts to down stream receptors, location of grease traps , siltation control, on and off-site erosion, and any other information required by the City Engineer . * 2 . A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit) . A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works . * a . Erosion control plans shall include measures such as the following : * Diversion of off-site runoff away from the construction site; - Prompt revegetation of proposed landscaped areas ; Perimeter sandbagging or temporary basins to trap sediment ; and - Regular sprinkling of exposed soils during construction phases . b. Internal collector ' streets shall be designed to be aligned around topographical features and avoid crossing the natural swales where possible . * *Mitigation Measure -34- c . Structural design shall fit the natural land forms to the greatest extent possible by implementing the use of retaining walls, split level and platform structures where appropriate. * d . Grading shall be accomplished in such a manner so as to avoid all Specific Plan designated drainage swales and sharp angles while enhancing the natural terrain. Cut and fill procedures shall be set forth in accordance with the requirements of the Specific Plan except as shown on approved plans . * e. Only limited grading activities or development shall be allowed within areas encompassing Specific Plan designated natural swales on site (refer to Attachment #2 ; Exhibit 8 of the Ellis-Goldenwest Specific Plan) , except as shown on approved plans . Grading should be limited to changes required to install access roads, utility and storm drainage lines and landscaping to enhance the natural condition of the swale areas . * f . If any diversion, obstruction of the natural flow, or changes in the bed, channel or bank of any river or stream is proposed by the development, the Department of Fish and Game shall' be notified (as required in Sections 1601 through 1603 of the Department of Fish and Game Code) . This notification (with associated fee) shall be made after the approval of tentative tract maps and prior to issuance of grading permits . * SOILS 3 . A detailed soils analysis shall be prepared by a registered Soils Engineer . This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties , foundations , retaining walls , streets, and utilities . * a . Alluvium residual soils and fill soils shall be removed in the areas that will receive fill or other surface improvements down to native and/or competent materials and recompacted . Studies shall be done to determine native elevations and evaluate the extent of compressibility of the soils for structural design purposes . These studies shall be reviewed and approved by all appropriate departments at the City of Huntington Beach. * *Mitigation Measure -35- • b. Grading plans shall demonstrate that three or more feet of expansive clays shall be removed beneath structural loads and replaced with low expansive soils . Special foundations shall be designated to tolerate the nature of the expansive soils . Additional studies shall be done to delineate the actual locations and expansion potential of the soils as well as for structural design purposes . * c. Should Quaternary non-marine terrace deposits be identified, additional subsurface investigations shall be performed prior to the issuance of grading permits to analyze the slope stability of the Quaternary non- marine terrace deposits , to provide design criteria for earth work construction, and to assess the rippability of on site soils . * d. The developer shall submit to the City detailed engineering reports on the soil and seismicity characteristics of the project site . The City shall review and approve these studies to ensure that the structural designs are maintained . * e . All structures shall be designed in accordance with the seismic design provisions of the Uniform Building Codes or Structural Engineers Association of California to promote safety in the event of an earthquake . * f . All grading plans shall incorporate subdrains that shall be placed beneath the fill soils or an equal means of protection as determined by the City Engineer . Additional studies shall be done to evaluate ground water depth and moisture zones . * g . Grading plans shall demonstrate that alluvial soils shall be removed in the areas that will receive frill or foundation loading down to competent materials and recompacted . Additional studies shall be done to evaluate the extent of liquefaction of the soils for structural design purposes . * 4 . A site reconnaissance shall be performed including a phased Environmental Site Assessment to evaluate areas where a contamination of the surficial soils may have taken place. The environmental assessment should evaluate existing available information pertinent to the site and also undertake a limited investigation of possible on-site contamination. Phase I should include: * a . Review of available documents pertinent to the subject site to evaluate current and previous uses . b. Site reconnaissance to evaluate areas where contamination of surficial soils may have taken place. *Mitigation Measure -36- c . Excavation and testing of oil samples to determine presence of near surface contamination of soil . d. Subsurface exploration to determine presence of sumps on-site . Testing of possible drilling fluids for heavy metals . e . Completion of soil gas vapor detection excavations located adjacent to the existing on-site wells . f . Testing of air samples for gas vapor, methane gas and sulfur compounds . g . If warranted upon completion of the Environmental Assessment, a Remedial Action Plan can be developed. This plan shALL address the following items : 1 . Treatment of possible crude oil contaminated soils . A possible solution to this condition would be aeration of the contaminated soils to release the volatile gases and then incorporation of the treated soils into the roadway fills (subgrade) . 2 . Treatment of possible drilling sumps by either on-site disposal of non-contaminated drilling fluids or off-site disposal of contaminated fluids. 3 . Treatment of the possibility of the accumulation of methane gas . h. If hazardous concentrations of methane are encountered, further studies shall include the following tasks : 1 . Drilling of test wells to monitor for subsurface methane deposits and confirm or deny the presence of biogenic methane bearing strata near the surface in the development area; 2 . Shallow excavation and sampling in areas either known or assumed to be potential drilling mud sumps ; 3 . Vapor monitoring of shallow vapor probes placed at strategic locations on the site and collection of soil vapor samples; 4 . Vapor survey areas adjacent to known abandoned oil wells ; 5 . Laboratory analysis of selected soil samples for metals and soil vapor samples for gases . *Mitigation Measure -37- 5 . On-site deposits of shell and lithic material detected during the reconnaissance completed for Environmental Impact Report No . 88-2 shall be subjected to test excavation. The test excavation shall be performed prior to the issuance of grading permits (including any rough grading work) and shall have the following goals : * a . To determine whether the material represents in situ archeological deposition or redeposited material from elsewhere . b. To determine the significance of the deposits if they prove to be in situ material . c. To formulate appropriate mitigative recommendations if the deposits prove to be in situ archeological material . d . To prepare site records for filing with the Archaeological Survey if the deposits prove to be in situ . 6 . Prior to the issuance of grading permits (including any rough grading work) the portion of archaeological site CA-Ora-365 which infringes on the site shall be subjected to test excavation, evaluation and reporting . This effort shall include a determination of the significance of the deposit and formulation of appropriate mitigation measures written up in a report . The developer shall be responsible for all costs incurred for archaeological testing and reporting . * 7 . All material collected during the above recommended work shall be donated to a local institution which has adequate facilities for curation, display and use by interested scholars and the general public. * 8 . For portions of the tract within the Alquist-Priolo Special Studies Zone, engineering studies shall be performed including site trenching to assess if active faulting exists in the near-surface soils . If present, appropriate additional mitigation shall be provided at the conclusion of that study. These studies need to be reviewed and approved by the City prior to the issuance of grading permits . * 9 . An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist ' s report . Calculation s for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits . * *Mitigation Measure -38- 10 . Unless otherwise determined by a City approved archaeology report, all ground disturbing activity within the project site shall be monitored by a qualified archaeologist . If in situ archaeological deposits are encountered, the archaeologist shall be empowered to halt or redirect the ground disturbing activity until proper recovery action can be accomplished . * BUILDING PERMITS The following shall be completed prior to the issuance of building permits : 1 . A final tract map shall be accepted by the City Council , recorded with the Orange County Recorder, and a copy filed with the Department of Community Development . 2 . All applicable Public Works fees shall ,be paid. 3 . The developer shall pay traffic impact fees of $150 . 00 per trip per day generated by the project , less any available credits , in accordance with Development Agreement No . 90-1 . * 4 . The developer shall contribute to the new fire station/paramedic manning facility and opticom systems in accordance with Development Agreement No . 90-1 . * 5 . The applicant shall pay school fees per State law to mitigate conditions of overcrowding as part of building permit application. These fees shall be based on the fee schedule in effect at the time of building permit application. * 6 . Developer shall submit water improvement plans for both domestic (potable) and reclaimed (Green Acres) systems . All residential lots shall have separate services for both water systems. * 7 . The water system shall be located within vehicular travelways and dedicated to the City. The Developer/Homeowner ' s Association shall be held responsible for repairing any enhanced pavement, if the water mains , etc . , require repair or maintenance . 8 . Developer shall adopt further mitigation efforts applied City-wide as approved by the Water Division to reduce peak hour demands . * 9 . Developer shall submit water system hydraulic calculations to ensure system adequacy and line sizing . No ten inch (10" ) lines will be allowed . Use twelve inch (12" ) water main if calculations show ten inch ( 10" ) line capaci.ties . * *Mitigation Measure -39- 10 . The water system shall have two sources , i .e . , looped. No dead ends except in approved cul de sacs . The water system shall be installed per the Public Works Department ' s standards, ordinances and policies . 11 . No combustible construction shall occur until an approved water system is installed. 12 . Building permits shall not be approved for development for the subject property unless the City Engineer has determined that sewer facilities are available at the time of application for such sewer permits and will continue to be available until time of occupancy. 13 . Prior to approval of building permits for production homes (excludes models) the developer shall construct necessary drainage and detention facilities to reduce the peak runoff from the site to the approval of the City Engineer . * 14 . Prior to issuance of building permits, the applicant shall demonstrate in a manner satisfactory to the City, that service vehicle access to all remaining operating oil wells off-site shall not occur through existing or proposed residential tract . * 15 . Fronts of residences shall not face off-site oil wells and tanks ; on-site oil wells shall be screened pursuant to the Huntington Beach Municipal Code . * 16 . All potential buyers and renters of on-site residences shall be notified of the effects resulting from on-site and off-site oil production activities . The notification shall state the frequency and locations of maintenance and service operations . The notification shall indicate that noise levels from oil activities may also significantly increase during these times . * 17 . Prior to the issuance of building permits, the applicant shall submit an acoustical analysis of the proposed development , prepared under the supervision of an acoustical engineer . Potential noise sources to be analyzed shall include traffic- generated noise, helicopter overflight and noise resulting from operation of on-site oil wells . The analysis shall include a . discussion of the potential need for noise attenuation measures and/or noise barriers around oil wells . This analysis shall be submitted to and approved by the Planning Department . * 18 . If noise barriers are to be required, an acoustical engineer shall review the barrier plans to assure acceptable noise reductions and compliance with the City' s Noise Ordinance . * *Mitigation Measure -40- 19 . When final site plans and construction drawings have been prepared, an acoustical analysis of residential development within the traffic-generated 60 CNEL contour and within the area impacted by helicopter overflight shall be prepared to insure that the noise criteria have been met . Construction plans shall be reviewed and approved by an acoustical engineer to certify acceptability prior to the issuance of building permits . * 20 . Full disclosure to all potential homeowners within the tract shall be provided regarding the potential for noise generated by oil wells and helicopter overflights within the area (as identified by required acoustical analysis) . * 21 . No new residential units shall be permitted within 25 feet of a gasoline engine- powered pump unless a noise study prepared by an acoustical engineer demonstrates that barriers and/or other noise attenuation measures (such as conversion of gasoline-powered motors to electric) can ensure noise levels are consistent with the City' s Noise Ordinance Standards . * 22 . Prior to approval of building permits , complete building plans shall be submitted to and approved by the Fire Department . * 23 . If during the Fire Department ' s plan check it becomes evident that fireground operations will become impeded, the department will impose mitigation measure such as automatic sprinkler systems , alarm systems, access roads , etc. * 24 . The following water conservation measures shall be implemented as required by state law: * a . Low-flush toilets . b. Low-flow showers and faucets . c . Insulation of hot water lines in water recirculating systems . d . Compliance with water conservation provisions of the appropriate plumbing code. 25 . Interior water conservation measures shall be utilized. Low-flow plumbing fixtures and water pressure regulators to limit down-stream pressure to a maximum of 60 psi shall be installed. * *Mitigation Measure -41- LANDSCAPE PLANS, IMPROVEMENTS AND MAINTENANCE 1 . Prior to the issuance of building permits, a Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved . The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials ( location, type, size, quantity) , an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval . The landscape plans shall be in conformance with the Ellis/Goldenwest Specific Plan . The set must be approved by both departments prior to issuance of building permits . Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project ' s landscape plan. * 2 . Developer shall incorporate "drought tolerant" plants and turf for all common area landscaping . * 3 . Landscaping shall be designed so as to minimize visual impacts on adjacent parcels . Special consideration shall be given to orientation of the project ' s residences (i .e. , windows and decking) so as to respect the privacy of adjacent and nearby homes . * 4 . Landscape plantings and signs shall be limited in height in the vicinity of project driveways to assure good visibility. * 5 . Use mulch extensively in all landscaped areas . Mulch applied on top of soil will improve the water-holding capacity of the soil by reducing evaporation and soil compaction. * 6 . Use pervious paving material whenever feasible to reduce surface water runoff and aid in ground water recharge . * 7 . Control slopes and grades to discourage water waste through runoff . * S . Minimize use of lawns and utilize warm season, drought tolerant grasses . * 9 . The developer shall provide information to occupants regarding benefits of low water use landscaping and sources of additional assistance in selecting irrigation and landscaping . * 10 . A fence in accord with the design guidelines shall be erected on either side of all on-site horse trails to separate this use from other on-site uses . * 11 . The landscape irrigation systems for all arterial landscaped setbacks and medians shall include a separate water line for the use of reclaimed water subject to Water Department approval . * *Mitigation Measure -42- • 12 . Irrigation systems shall be designed to minimize water waste to the greatest extent possible. Such measures should involve such features as the following : * a . Raised planters and berming in conjunction with closely spaced low volume, low angle (22-1/2 degree) sprinkler heads . b. Drip irrigation. c . Irrigation systems controlled automatically to ensure watering during early morning or evening hours to reduce evaporation losses . d . The use of reclaimed water for irrigated areas and equestrian trails . The project developers shall connect to. the Orange County Waste District ' s "Green Acres" system of reclaimed water should this supply of water be available. Separate irrigation services shall be installed to ease this transition . 13 . All required landscaping and irrigation systems for each phase of construction shall be installed and completed prior to final building inspection of the first production unit of that phase to adequately screen on-site light and glare impacts . * 14 . All perimeter and common area landscaping shall be owned and permanently maintained by a property owners association, maintenance district, or other mechanism approved by the City. 15 . The conceptual landscape plans dated April 8 , 1991 shall be revised to eliminate the proposed five (5) foot wide sidewalk along the collector street section (Saddleback Lane) and replaced with an eight (8) foot wide equestrian trail . DURING CONSTRUCTION 1 . Construction shall be limited to Monday - Saturday, 7 : 00 AM to 8 : 00 PM. Construction shall be prohibited Sundays and Federal holidays . * 2 . During construction, the applicant shall : a . Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; c . Use low sulfur fuel ( . 05% by weight) for construction equipment ; d . Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts) ; *Mitigation Measure -43- e . Discontinue construction during second stage smog alerts . 3 . Water shall be applied to the site twice daily in compliance with SCAQMD Rule 403 (Fugitive Dust Emissions) to mitigate the impact of construction-generated dust particulates . * 4 . The applicant shall comply with all rules and regulations of the SCAQMD. * 5 . Major grading shall occur when soil moisture is optimum to control dust . * 6 . All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material , shall be disposed of at an off-site facility equipped to handle them. 7 . Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department requirements . 8 . Roads and hydrants shall be in-service prior to combustibles on-site. 9 . If during construction activities , contamination from hazardous substances , including pesticides and oil field wastes , are found . to exist or if a potential exists for water quality impacts , the Orange County Health Care Agency, Waste Management Section, shall be contacted for oversight of mitigation activities . * *Mitigation Measure I hereby certify that Conditional Use Permit No . 90-47 with Special Permits , Conditional Exception (Variance) No. 90-35 , Tentative Tract Map Nos . 14007 and 14009 and Mitigated Negative Declaration Nos . 90-44 , 90-45 and 90-46 were approved by the Planning Commission of the City of Huntington Beach on July 23 , 1991 upon the foregoing findings and conditions . This approval represents conceptual approval only; detailed plans must be submitted for review and the aforementioned conditions completed prior to final approval . Sincerely, Mike Adams , Secretary Planning Commission 1 by: Hal immons Senior Planner (0347d-8 , 51) *Mitigation Measure -44- \ v I -- ------- (- 1 -- 1 1'I ' �ill1 l l�lfl ! iilla.1�T�1 '111 t ill IITj II i1Tli T({ I I T E NT AT NE 1`f 00�! L 40 TFN TAiTEAUF 0 9 �'��- ��i�.� _� i I I.I III� '• *- 7 � IIIIIIIIiII �� / I U GAR, IELD r AV E. j CUP 90-47/CE 90-35[- T 14007/ z T-F 140091 /ND 90-44/ ND 90-45/ND 90-46 T HUNTIYGION BEACH HUNTINGTON BEACH PLANNING DIVISION CERTlFlCA OF INSURANCE _ -E��,,- Y; _. ISSUE DATE M/DD/Y 9 27 93 "PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE SANDLIN & ASSOC. INS. AGENCY, INC. POLICIES BELOW. HALLMARK ASSOCIATES INS. SERVICES i COMPANIES AFFORDING•COVERAGE , P. 0. BOX 769 DOWNEY, CA 90241-0769 COMPANY A SAFECO INSURANCE LETTER _—.--_-- COMPANY B INSURANCE COMPANY OF THE STATE INSURED LETTER ---PEN SYLVAN-IA--- SEACLIFF PARTNERS, A JOINT VENTURE COMPANY OF ----=- .----------- --_. OF PA OAST HOMES AND LETTER C RELIANCE INSURANCE URBAN WEST QMMUNITIE , COMPANY 5 2 ROADWAY, SUITE l O O LETTER D SANTA MONI CA, •CA. 90401 COMPANY E LETTER COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TEP,MS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY EFFECTIVE POLICY EXPIRATION: TR; TYPE OF INSURANCE POLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE $�2,000,000.... -)a COMMERCIAL GENERAL LIABILITY PRODUCTS-COMP/OP AGG_ $ �OOO OQQ.._.; CLAIMS MADE J, occuR. CP 806213 OH-01-93 08-01-94 -.--—AL✓£ -V.INJURY $ I �4 --- OWNER'S&CONTRACTOR'S PROT.. EACH OCCURRENCE $ 000.,_0.00.. FIRE DAMAGE(Any one fire)-_.$ 50-,M0.- _. MED.EXPENSE(Any one person) $ 5`on(1 _ AUTOMOBILE LIABILITY COMBINED SINGLE $ C -- ANY AUTO LIMIT f1 ALL OWNED AUTOS AS OFOP"* APPROVED. T �'y s� Attorney BODILY INJURY $ SCHEDULED AUTOS GALL 7Iu r 1 , ci v5 (Per per -I HIRED AUTOS c {;y AttOTi12�7 BY.� p°pat1 a� BODILY INJURY $ NON-OWNED AUTOS /�ri I (Per accidsnt) .�-_.GARAGE LIABILITY /N / ✓(/ _____.-_____.-_,..—____—._._-.�. PROPERTY DAMAGE S EXCESS LIABILITY EACH OCCURRENCE $ flaOrOO.O.-. —--- nrD UMBRELLA FORM AGGREGATE $1Qr0QQy0.00..,,.. Y.X: 4292-6684 08-01-93 08-01-94 _.__....__...._ . .. .__..____ .. OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION STATUTORY LIMITS -» AND WC 806213 09-30-93 . 09-30-94 EACH ACCIDENT - _-$_]r000,_00.0.._ DISEASE-POLICY LIMIT EMPLOYERS'LIABILITY DISEASE-EACH EMPLOYEE S 1.000,OOO_ OTHER C BUILDERS RISK-SPECIAL; $7,500,000. I2vfl' OF INS. FORM-ALL RISK- QM 4461890 01-01-93 01-01-94 $ 5,000. DEDUCTIBLE REPLACEMENT VALUATION DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS CERTIFICATE HOLDER NAMED AS ADDITIONAL INSURED WITH RESPECT TO LIABILITY ARISING OUT OF INSURED'S OPERATIONS, WITH RESPECT TO ANY PROJECT OF SEACLIFF PARTNERS. CERTIFICATE HOLDER CANCELLATION •or,..-..._....,,.,.......t...,„..t.m._.w;.>-�a,..»:s:clx.uaaa,�'s:..».ah�..,,...._.c3vmn..4,m_.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL)G9Q ATTN: DENNIS COULTER MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE CITY OF HUNTINGTON BEACH LEFT, 2000 MAIN STREET HUNTINGTON BEACH, CA 92648 A R RE SE VE COl;Dh25 S°(7 I have received the Faithful Performance' Bond and the Labor and Materials bond for Final Tract Map No 14292 on behalf of the Treasurer's Office. Dated By Seacliff Partners 520 Broadway, Suite 100 Santa Monica, CA 90401 • W NUMBER 1612z6S_,_, ,.c To T+ORM2 IUM �yC _nar.£,nxmanrca LABOR AND MATERIAL BOND CI'FY ATTORUEY' By: WHEREAS, the City Council of the City of Hunt ingtgpat§eA4C*bAtt rn State of California, and Seacliff Partners, a California General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated and identified as project Tract No. 14892 is hereby referred to and made a part hereof; au... WHEREAS, under the terms of the said agreement, principal is required before entering upon the performance of the work, to file good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of division 3 of Civil Code of the state of California. Now, therefore, said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid , agreement and referred to in the aforesaid Code of Civil Procedure in the Sum of Two Hundred Forty-Seven Thousand 00/100 dollars ($247,000.00) , for the materials furnished or labor thereon of any kind, or for amounts due under the Unemployment 'Insurance Act with respect to such work or labor , that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15(commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, other wise it shall be and remain in full force and effect. The surety hereby, stipulates and agrees that no change, extension of time, alteration or additions to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, this instrument has been duly executed .by the principal and surety above named, on JUNE 10, , 19 94 Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P. , a California Limited Partnership, its General Partner By: UWC-Seacliff Land Corporation, its Ge ral Partner By: Stephen D. Gunther, President By: Pacific Coast Homes, A California Corporation, its General Partner By: N.R. Angel , President DEVELOPERS-INSURANCE COMPANY , as Surety By, � "a id L. Miller, Attorney-in-Fact By: STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On June 20, 1994 before me, Flo Niermann,Notary Public PERSONALLY APPEARED N.R. Angell personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. OFFICIAL NOTARY SEAL '� •\% FLO NIERMANN y`e a Notary Public—California ORANGE COUNTY r My Comm.Expires JUN t6,i995 Signature This area for Official Notarial Seal CALIFORNIA.ALL-PURPOACKNOWLEDGMENT No.5907 State of Yh! q County of /,64 A) �f On �-� before me, 'l_ J 1­0r ATE NAME,TITLE OF O FICER-E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared ���4�tc°_c ,U• ��/l � NAME(S)OF SIGNER(S) R personally known to me OR to be the person(*-whose name(v)'�tis/� subscribed to the within instrument and ac- knowledged to me that he/sla.el hay executed the same in his/heir authorized capacity(i4&&), and that by his/ signature(e) on the instrument the person(*,- or the entity upon behalf of which the person(*} acted, executed the instrument. J.J.LOPEZ :j- •; COMM.:9sa63e WITNESS my hand and official seal. Notary Publio-Califorr0a ORANGE COUNTY tay comm.expires FES 02,1926 SIGNATU OF 79 A Y OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER �4 Z0✓ �c / 1' TITLE OR TYPE OF DOCUMENT TITLE(S) /y/c/J/�&% Ry ❑ PARTNER(S) LIMITED z R GENERAL J ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR / El OTHER: �o /L� 4� DATE OF DOCUMENT SIGNER IS REPRESENT G: .� �/ Q�v` /�• ���/ NAME OF PERSONS)OR WTITY jq a A e- s SIGNER(g)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 • 1APPR%%FE,D AS TO FORKS GtIL HUTTON { CITY ATTOR EY By: Deputy City A orri8y BOND NUMBER 161226S PREMIUM $200.00 MONUMENT BOND That Seacliff Partners, a California General Partnership as subdivider of Tract No. 14892, in the City of Huntington Beach, County of Orange, State of California, has submitted to said City a Final Map of said tract containing an engineers's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said Seacliff Partners, A California General Partnership (subdivider) as principal, and DEVELOPERS INSURANCE COMPANY as surety, hereby guarantee to the city of Huntington Beach the payment of the cost of setting all such monuments with in or in connection with said tract, as are not already set prior to the recording of said Final map, in accordance with said map and said certificate up to but not in excess of the sum of $20,000.00 (Twenty Thousand 00/100 dollars) , in which sum we are held and firmly bound to the City of Huntington Beach, all in accordance with and subject to the terms, conditions and provisions of Article 9, Chapter 4 of the Government Code of the State of California. IN WITNESS WHEREOF, we have executed this instrument this day of JUNE 10 , 19 94 . Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P. , a California Limited Partnership its General Partner By: New Urban West, Inc. its Gene P ner By: Stephen D. Gunther, President By: Pacific Coast Homes, a California Corporation, its General Partner By: N.R. Angello President DEVELOPERS I SURANCE COMPANY , as Surety By: David L. Mi 1 A to ney-in-Fact By: POWER OF ATTORNEY OF I MNITY COMPANY OF CALIFOOA AN�EVELOPERS INSURANCE COMPANY N2 154502 P.O. BOX 19725,IRVINE,CA 92713 • (714)263-3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in red ink. 4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,but not jointly,hereby make,constitute and appoint ***JAMES E. MARY, DAVID L. MILLER, VIRGINIA M. LOUMAN, SHELLEY E. SMITH, JOINTLY OR SEVERALLY*** the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of each of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars($2,500,000) in any single undertaking;giving and granting unto said Attorney(s)-In-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-In-Fact,pursuant to these presents,are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds,undertakings or contracts of suretyship: Bank depository bonds,mortgage deficiency bonds,mortgage guarantee bonds,guarantees of installment paper,note guarantee bonds,bonds on financial institutions,lease bonds,insurance company qualifying bonds,self-insurer's bonds,fidelity bonds or bail bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney, qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assis- tant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April,1993. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By I `P, 1 1.1 By v Da a F.Vincenti,Jr. Dan F.Vincenti,Jr. S Up President ooMPPORro� President PS\pFOR e� o� o. on i OCT.S. MAR.27, O ATTEST � ISO? o ATTEST 18T8 ; ° Zne(IFOa'\, IFQ aN\pT BY Alko BY Walter Crowell Walter Crowell Secretary Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) On April 1,1993,before me,Tiresa Taafua,personally appeared Dante F.Vincenti,Jr.and Walter Crowell,personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. ----------------------------- 9 OFFICIAL SEAL ,t TIRESA TAAFUA Signature •r•+� NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY �,. My Comm ssion Exp.Aug.4,1995 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this 10th day of June 199 4 INDEMNITY COMPANY OF CALIFORNIA �PAMY DEVELOPERS INSURANCE COMPANY S�NSU q R paPORer�, /ice �'1l / ` ` fo' / o r fo 0 Y z OCT.S. C �� m MAR.2T, o B 1961 o By �T ISTa ; L.C.Fiebiger oe v� L.C.Fiebiger one �� X Senior Vice President s� rIFOP. ��? Senior Vice President �IFOa� *� ID-310 REV.4/93 OND NUMBER 161225S AFFRO'r:;:j AS iu L,)":L t + GAIL HU'TTON 4tREMIUM $4,494.66TI ATTORIIEY By: FAITHFUL PERFORMANCE BOND Deputy City torney WHEREAS, the City Council of the City of Huntington Beach, State of California, and Seacliff Partners, a California General Partnership (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement dated and identified as project Tract No.14892, s hereby referred to and made a part hereof; and WHEREAS, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of the said agreement. Now, therefore, we, the principal and DEVELOPERS INSURANCE COMPANY as surety, are held and firmly bonds unto the City of Huntington Beach hereinafter called "city• , in the penal sum of Four hundred ninety Four Thousand 00/100 ($494,000.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severely, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his .or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, 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 "City", 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 therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees incurred by "City" in successfully enforcing such obligation, al to be taxed as costs and included in any judgement rendered. The surety hereby stipulates and agrees -that no change, extension of time, alteration or additions to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and does hereby waive notice of any such change, extension, alteration; or addition. IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on JUNE 10, , 19 94—. Seacliff Partners, a California General Partnership By: UWC-Seacliff L.P., a California Limited Partnership, its General Partner By: New Urban West,Inc. its General Part i By: Stephen D. Gunther, President By: Pacific Coast Homes, a California Corporation, its General Partner/� By: / vv� , N. R. Angela, President manic-r rndpgmv , as Surety By: David L. Miller, At orney-in-Fact STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On June 20, 1994 before me, Flo Niermann,Notary Public PERSONALLY APPEARED N.R. Angell personally known to me(or provided to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. OFFICIAL NOTARY SEAL FLO NIERMANN Notary Pudic—California ` ORANGE COUNTY Signature My Comm.Expires JUN 16,1995 This area for Official Notarial Seal a ' s CALIFORNIA ALL-PURPOISIACKNOWLEDGMENT , No.5907 State of Ate,'ce-4,Vil-7 County of On / AV before me, ATE NA E, ITLE OF OFFICER•E.G.,-JANE DOE,NOTARY PUBLIC- personally appeared o NAME(S)OF SIGNER(S) personally known to me to be the person(�Q whose name(` is/*Pe- subscribed to the within instrument and ac- knowledged to me that he/executed the same in his/fir authorized capacity(, and that by his/�- signatureM on the instrument the person(*, or the entity upon behalf of which the personW acted, executed the instrument. JMM.#9 46 WITNESS my hand and official seal. 10MY COMM.1185A635Notary PUb11GCalifornia Z ORANGE COUNTY comm.expires FEB 02.1996 GNAT OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER / /-/A / /OiVv e TITLE(S) TITLE OR TYPE OF DOCUMENT 07 L<PARTNER(S) ❑ LIMITED 5 G/ENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DA E O DOCUMENT SIGNER IS REPRESENTI G: NAME OF PERSON(S)O ITY(I SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184