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Final Tract Map 7950 - All of TT 7950 - Daniel/Webb Construc
OTY CLEPKIS COPY SUBDIVISION AWkEEMENT TiKS AGREMNT dated this h day of October MWMI�, 19 72_, by and CITI' 0? HUNTINGTON BEACH a muu1:ipa1 corporation, hereinafter for convenience referred to is CITY DANIZAL/WE33 CO'NGTRUCTION COMPANY SUBDIVIDER W I T N E S S L T Ht iiliElEM9 Subdivider is the owner of a tract of land in the city of Huntington Beach, California, which it is seeking to subdivide Into lots and to dee!cate csrti!: streets, alloys, and other improvements therein to the public use, and is about to file with said City a map of the 'Tract of Lend know—. as Tract No. 795q and WHERL,IS, as a condition to the approval of said subdivision map and the acceptance of the dedication of the streets, alleys, k.ad other improvtments in said subdivision, said subdivider is required to enter into an agreement with the city of Huntington Beach to do and perform the work hereinafter specified ,end to execute and o'.eliver to the City of Huntington Beach a Certificate of Deposit payable to the City of Huntington Beach in the sum of $ 12 . 500 . 00 guaranteeing eerie. r�� the faithful performance of said Agreement, and another Certificate of Deposit payable to the City of Huntington Beach in the sum of $62g O . Q9 guaranteeing payment of all labor and material in connection therewith, as required by Sections 11611 and 11612 of the Business and Professions Code of the State of California and Sections 9931. 15, 9931. 16, 9931. 17 and 9931. 18 of the Huntington Beach Ordinance Code; NOW, THEREFORE, in conside--. Zlon of the premises and agree- ments of the parties as herein set forth, the• perties agree as follows: 1. Subdivider does hereby AV-:ee to do and perform the following work, the cost of which has been estimated by the City Engineer to be the sum of $ 12„, 500. 00 _ Fr,r the cometruc+tion of streets, including excavation, paving, curbs, gutters and aidtwalks, and tree planting, etc; severs, including construction of main tires and house connections And structures; street lights, street signs; constructten of domestic seater system including the construction of water mains, h:,use laterals and installation of meters: engineering cost; and ar.y a:tacellanecus requirements as may be set forth r •1- I al i of w'•;is h :;aid woork :,,,c 1 i hu done and perforuavd In accordance wi Lit PI41 < " -%PCC. iiit "tio:i.- ;.:.ia'iW!, wit!- It ;iav+s hevn approved by thu City ;inter and fiLud 11+ ut t l+..c: of the City Engineeer and all of wit Ic:h lac. done it OW sol ►: cu:st 4tnd Lxpeen:se of Lhe Subdivider 411d +.. ,i 0•01111it.io,ll 1'0r UIL ;ahpruv:+l ui staid trap and t.lac a vt;e:ptwnce of the c:�c�iW:► . iur of staid %Lr«-Ls9 alleys and other Impruve:ments, anti said work shall be completeil on ur bufurc: two (0 ye:a+ra from the: da;;e hereof, and all lahor and maatesrkal bills shall be paid. 2. Subdivider ugrut:s to coettple:t:e all Arterial lijghway Improvements including perimeter w lls prior tit City finuling of;any lot.. J. Subdivider shall guarantee: all work and materlaL required to fulfill hiu obligation as skated herein for a period of one year following the: date of City Council acceptance of same. 4. Said Subdivider shall falthfuLLy perform all of the work agreed hernia to be done by Subdivider and shall fully indemnify and save harmless the City of Huntington beach from all cosh and dtami age3 which it lady suffer b reason of failute so to do and shall full reimburse and repay the Y Y P Y City all outlay and expense which the City may Incur in making gooe'. any such default. 5. The Subdivider agrees I.o furnish to the City and maintain in force until the completion of the work herein agreed to be done by Subdivider, at S bdivider s :xp :n,e, a psatecive liability policy ir. which the City is named as an adt.1tionnl insured. The: policy shall insure the Clty, its offic:crs and employees while acting within the scope of • their duties, 6 a aillst all claims aris,.a q out of or in e:onnection with thc: work to be performed. The policy shall provide for not less than the i o:l lowing amounts: b •'iAy Injury $1,C00,000 Aggregate Property Dun:ge Sucn policy shall provide coverage at least as broad as that provided in the Standard form approved by .he: Naction©l Bureau of Casualty Underwirters I:oge:ther with such endorsements as are required to cover the risks involved. The Subdivider shall arrange ior' the policies to be so conditioned i sz t) cover whe perfo:mancer of rxtrai or unforeseen work, should such work Lecome necessary. Prior to the recordation of the Final 'tract Map, evidence of insurance shall be furnished its• a form satisfactory to the City. In addition, the Subdivider shrill furnish evidence of commitment: by the insurance company to notify the City of the expiration ear cancellation of any of the insurance policies required here-nder not less than 30 days before each expiration or cancellati.or+ is effective-. • l G. That laid City shall no.,, noc shell any officer or employee thereof, be liable or -re:sponsible for any accidaht, loses or damage happeining or -4— 1 ' acc:urring to the works :sl:-icified iii this conrr&r.t prior to the completicn ,,slid acceptance of the some, nor shall said City nor any officer or employee thereof be liable Zor any persons or property Injured by reason of the naUre of said work, h-ut all of said liabilities shall. *re assuM.-d by sold Subdivider. Said Subdivider furt:htr agrees to protect sa1J City and the officers thereof from all liability or claim because of, or arising out of, the use tf any patent 'or patented article in the construction of said work. 7. That it is Furth^.r agreed that said Subdivider will at all times from the acceptance by City Council of the highways offered for dedication In said tract up to the completion and acceptance of said +pork or improve- ment by said Council, give good and adequate vsrnLng to in traveling fablic y i of each and every dangerous condition exiatc-at in said highways or any of them, and will protect the traveling public from such defective or dapgerou'4 canditions. That it is understood and agreed that untiL the complation- of all the Improvements herein agreed to be performed each of said highways not senepted as improved shall be cinder the charge of said Subdivider for the purpose of this contract, and said Subdivider may close all or a portion of any .-treat whenever it is' necessary to protect the traveling public during the malting of the improvements herein agreed to be made. And the Subdivider hereby agrees to pay for such inspection of highways 'as m&y be required by the City Engineer of the City of Huntington Beach. 0. That in the event suit is brought by the City to enforce the terms and provisions of this Agreement or in any bond given to secure the per- formance hereof, n reasonable attorney' r fee, to be fixed by the Court, shall be paid by the Subdivider. � IN WITNESS WHEREOF, the parties have executed this Agreement. Danz el/'debb ranstruction Company BDI IDER 4=ar uner CITY OF 'CENT NGTON BE H, a municipal corporation, By Mayor ilF^R0 AS TO 70BYJ DON BONFA j ATTEST 3 City A o ey A C t� lltso>a City Clerk of the ity of Huntington Beach -3- . I STATE OF CALIFORNIA ) a sli COUNTY OF ORANGE On this'! � day of • , 19 7 , before me, a ►N ry Pub i i an ar sa d CeaunCy and State, personally appeared known to aye tc be the Mayor and Known to me to be the City Clerk e , ty of Huntington beach, the municipal corporation that oxe- cuted the within instrument, known to mr>: to be the persons who evccuted ,he within Instrument on behalf of said municipal torpotation and acknowledged to pie that such municipal corporation executed tho some. �rrr+.I....++rrrrrrrrrow♦�rwa;lrrrrr.rr>x M OfFICIAL ACAL FLOYD G. 13ELS!?a i•1.: NOTARY PuA11C CALI/011h1A PhImaPAL OfFICL Im ORANGE COUNTY my I a�C My COMWIS'on Exaint mal. 10, 1974 loosen 4A LN gals rAMrlrrrrrrrrir�rrrllrr� STATZ OF CALIFORNIA a a >y {r COUNTY OF ORA GE CL an October 16, 1� 73 before me r ,.r1 , ,._., , a Notary Public, in and for said County and State, personally appeared _p.jchjjr�l A,,—Dani.el avid Edward G. Webb , known to me to be the��� etmnd the Par ners See �rxa lex�cdc c•x>l; otl that executed the within instrument; pursuant to its by-laws or a tasrlution of its Board of Directors. OFFICIAL SSAL FAY WrION Notary ub NOTARY PUBLIC-Cjr.LIF0PNIA G;�'.'IGE ..JLItiTY s wycor,r.::s�.nr,Er jr!resAt'61-17.1975 My Commission expires AuE-. 17 , 11?75 •..ter• -------- 11301 Euclid, el. Gar;en Grog:. CA. 92640 -4- MiMf llryl 01 A f4atawrkd 8rr•rier of f.�ri�t *1M� r�vM��rriral'Hr�MnnfiN !PP bmi - I Id ____h rft 04 ober 11.1, 1973 ON aERKS` COPY City of Huntington Beach P. 0. Box 190 Huntington Beach, California 92648 Attention: Will Mevis, Esq. Assistant City Atterney Rc: Darzlel/Webb Construction Co. Tract No. 7950 Loan No. 110-50314 Gentlemen: Bankers Mortgage Company of California has agreed to make 6 construction loan for :he construction of in-tract and offsite ii.tprovements covering Tract $7950, City of Huntington Beach in the amuunt of $639, 000 to Daniell Webb Construction Co . • a partnership. Bankers Mortgage Company od California agrees that it will set aside from the construction funds a sum equal to $19, 750 to be made pursuant to the Construction Loan Agreement and will open a special "loans in process" account into which it shall earmark all funds for payment of costs of the offsite improvements for this tract allocated as follows: Monument Bond $1, 000; Faithful Performance Bond $12, 500; labor and Material Bond $6,x50. � In the event the. principals fail to complete and pay for said offsite improve- ments as re;quirud by i.he City of Huntington Reach acid/or Coui,ty of Orange, Bankers Mortgage Company of California agrees that it shall Immediately make available to the City of Huntington Boesch the $19, 750 to complete and pay for sadd improvements on the same terms and subject to the same �;on- ditions as the funds would have been available to Daniel/Webb Construction Co, had it not defaulted. The City of Huntington, Beach shall not in any way be obligated to repay said funds so issued by Bankers Mortgage Company of California. r K � City of Huntington Bosch October 19, 1973 Page Two This company does not accept any remFonsibility for the acceptance of the work., it being understood that the installation of the improvements must be completed to the satisfaction of an s.uthorised representative of the City of Hi atington Beach and/or County of Orange. This agre~.nt to make funds available is no, subject to recall or ofiset ' by Bankers Mortgage Company of California. BANKERS MORTGAGE COMPANY OF CALIFGRNLA • By:1 '�'e- .�;-- - .. Michael Quinn We acknowledge, accept and :,gree to comply with the foregoing conditions: AFPn V D AS TO ?0FX t /) DON .. An F 44 eaeA� A .- -- C i t-y l A t o n yP Daniel/Webb Construction Co. Acknowledged and accepted: pf,= ' Ci y ALtortrsy . CITYLHUNTINGTON BEACH By: 0 r CYAK 1 AV� J.MI T"ss taMisi M , oNLY CITY M Fi411rn11MTilt 111RAMt4 FM1kM +wu s!cssTIFICSTs to" CI RTIFICATB OF I!lMAJCL N ce"IrIMAT[ Of 16"ASNi[ sn1.L Ma ANIFITp„ l:rr1•I NIMwTIMiT11: w['tN To 1114PSAIr In MI "' VOL11: WORM r.o0 sell irc CITY OF HUNTINGTON MACH, CALIFORNIA ass MMOT" osaa+. C"Ir"Mok ""a A MUMICIPAL M41PWATION Iwo Ii -C ""Ify that the policies of insurance as ss'sp�scribad below have boon issued to the insured by the under- algrrW 9W are in fMce at Ibis twwe. !R these policlos aro cancelled or charged-in avch a momor that will off act this srertinaat% the Ise owence agrees to 91" 3fi days prie., written notice, by mail# to City of Hvrslington sealch, P.O. &M 1"6 Hunt1won sch,NliforrJo 926& Naar. of In dgT�IlDlL.1' �Y A4**o,r of Insured so ._652 _FAst h �e—ttwer�NA±M�S. Pt..�.t Ia ce Location el inswed Operations N th, Co Description of Operutions..NI:gM g„Cads±ructIan an aj aeart.r.rrt in,itia - - - iMOLICI12 IN FORCE POLICY DAT9 LIMITS C,F LIABILITY NUMBER 9FFCCTIVf F.XPIRATiox A. ,Workman's Componoolon Statutory Fw*loyaml Liability $ ---�-..-- B. Public Liability: 9"ly Injury: blanssrirctu►ers and 100009000 Coomtors [3 $,,,,�,�„�,,,�Each Parson Compreh onsive General M SCO00520 7 27 73 7 27 76 $ ir... O -_-Each Accident (Including products competed operations) Pmwy ply $ >i ,p Each Accident C. Autos 4hlle Liability: Bodily Injury $ Each Person $ Each Accident Property Dmoge S- Each Ace Ident Does policy Cover: All owned outan+obiles ( ) Yes ( ) No Nan-owned aviomobiies ( ) Yes ( ) No Hired automobiles ( ) Yes ( ).No D. Additional Insured Endorsement: The insured agrees that the City of Huntington Beach and/or members of the City Council or boards or cimmissions and elective and appointive officers, servant or employee of the City of Huntington Beach when acting as such, are additional assurodu hereunder. E. Hold Harmless Agreement: The insured agrees to protect, defend, indemnif�and save harmless th-j City of Hunting%411 �ainst (osisE domagn or expense by reason of any suits, claims, mands, judgements and causes of action caused by iI�" ied,'R employees, agents or any subcontractor orisinfi asut of or in consequence of the perforrralrce of allfelTations�covered by this certificate. F. Miniriwum Limits Required: SAN Fi?ANCl-::(j urrlLE Public Liability (products liability, including completee operations) Bodily injury-umh person irach accident 1 $1,000,000 Aggregate Ply • EmEdEffla� G. Remark s: 51 >< (Signed) I g + . DOB V. FA oii.t;► t y B J �----- /I NATIJrI of A No111 PIIKSRNT Ivt 3. •• r •• • ' err' :• • RM Co. me. I` , • _ Lei-�Iir, 11+�111hI dl irr rr w! Marl 4" WYNN 'Slrarrt . Camammnt of $6"11 to Dodd/ I r r w ce , i ri�ari 1p. t1 .CwiAdL ► aortae that. 0 w o ad a" *M r !!► �� me � i l b a 1a h 'aAe�iii r rat % la d is l wr it ' f err, payer ed a 4*8 4d dw • • �►eiM � fir •��t� eii l�rras lrlrrrr�� aka DO ►no. UNOW am lrtsuffm 21-2119 "r . a 0"" P,ftWo ALI " to fsw%bc -ad liar a" Waft rve- a s r jai icy fr mr ON M aWW clono of onart of• h aim avemw to frr ft ON r 114" to ONW& M am It rMr1 1! T' C" ef xrris rJib xw� rrt fai arm► . � M �Ilriwl■r1 ti, � �� � �wa� � :� a �� ,�/ .r ,t, a 1, ;S,,kyj.F•.{.t: r •I .: ., .• @.� �• .. r .. .J .i � it � ..j .= I , •�.#,',.t• .r R y , .t Y. .• rr I ' 1, t , fi�ee '` •j. •'A-•` r'�4rS. d+• ;fA' •�- r �r4 � .6" � a` �Z•r � 1 !r. ,..5.' ,•1. � ' • l '1 "r' 'tt 'ram:� r' •r , .04 Oki" am •lira. Y�' ., +, �`r. , a r' .. t !l' '•, , 1,' r :.1,1.� r .Y•Y:,l� .r 1. , '` j • J ,rlt. ,'.i}.'�'! �•1`. J ;� a 1 1' }!�,{x• .j.i; f '(:. • ..ir 1 , "1, d S J• *C*Ibv ` " d Cerro .. - 1. .; .. �� �...Y....r • = wrirr ---a Co. OVID"ASQ1 TO pid Id, od aid t May CIA V , 1iA _ r City Attar STj Of or— • / C" CM "• t � r If • t 1 - i mil okwmbml'1 City Mall n"Ue@lrsa ftmoo• teal 7nrhi« M11 , rfasy. 17, 1l17 "AXoi1 MILM_ _ -- call" um Itw7"dE 34mv of ika Ci ly tumit i 1 of Ithe C►tr Cl PfttiAWW 98IbA W *MeOr i I Pcssonts assUatt• Pdttirlrft. Cam• tMMla • tat Abesnt I am �....W......... ...�. al 6;1 lk An ACUOR by Coen, $*CO / "tUAtts, OW &MGM Lti tlisi "Pon � �! tMCi01�R"1sd by the lollminq toll oa11 wows AYi#, gartlrtt, HttiwaoA• Oeia• drileis, M�e�� �rirMlMeea• Rlader ' i sans AUNT& Munn #frritififiifffliirrfiiiiififli!]rffrfrffitfriirrrr,riiieifrfirfrriiiliirririri WTICE, QI C;OWLSn M - =a 7 - t - lWoMptad iapsawN"ta dedicated for PuWi,= um• is Tract 530, lVMtsd oa the aoyti aide of Halland ntirw• east of Mach bau"Vard, and o destined rsLamw of the faithful esrfamanae portion of the Luvrowrarent road• tiro Nmum At hood sad the termination of Feria 5obd:rX8i•an Agsmmnt, and directad flee City Cleft to notify the derosLoPajc mad ties TWaawn:r U, ootify the bonding oapany, i llrrrrrrrrrrrrrrlrsrrrfifflilf fflfAfbifitiiiffNifAliiiifiiffAiiiliifiAAfilrArfrffiAfrA on cation by Bartlett. second Pattiaemm g"PWIAr firti" of t-4 City Council of the City of Msntiniton ieadt adjour @4 a't'Z!')�V'O:T',""" to Monday* January 31, 107 at 6130 P.I. w .......r.����r... r _ .r rair. wr�.rw.�ew�wrr.-w�wr�r�.i 'Iltie nation was paeeed b7 thw foil"rL" evtai ATESr &,.rtlett, Pattirume Came, Robert, R • MiadeJC wu I F,-iz AAatMT:L7M__. Alicia M. ftatmeth .Sty Clark sal l e;;Ifiaio Cal s of the City Owmall of the CS!'r ?k rm Ir S at MNQtiwVtW Stash, Cmlitfrrnia yccfrso,.sa�e.l�moAlry tY�.�.ri�� 1UrCoerkinr STATE or CALIrQMIA ) Caunt7 of tkan*e ) sat City of Muntinyton rah) t• AUCLA N. aha+tAM aNd *ealbrla+l City CL"k si Uw City of Huntington Dank• Califernia• is jW8dV rWUtV %M* the mbow sad fa+cwpany is a true mw oorrret ImLe ant at Aataiw et der City Asti et mm Cite at t wit rpular aeotint hold am dM 17�dW W. .,...�....' iP 77. WITMid MY h" &-A "&1 df uw sold Call► K x"t,4 "m "60 U" "N Lm.L 1y► 4 • ty ee" is s Gis •t No Cttt► OCAM"I et tM City lrmeM• 041194Mi4 , f � �. P.O.J A A Citiv of Huntington Beach 6 -P Box 990 CALIFORNIA, ! ENGINEERING DEPARTMENT MENT January 3v 1977 I Lronorable Mayor --..�.•.�. -- r . � ,.� and Council McMber s `-• •-� City of Huntington Beach At tention: Floyd G. Belsito City P�dmi.nistrator subject : Ha :ice Of Completion Tract 79a0 Dauiel/TAebb Const. Company , 7 S/s 'EIo11.aAd, E/a Beach Dear Council Me"'ber fil: i r As a x.,ss,I,ti of the final inspection :Wade of this tract it is recemmerded that. the City Council takes the 1:011owing action: (1) A(rcept the improvements dedicated for public use. I} (2) Relmase the Lette of Credit. r i (3) Terminate the Subdivision Agreement. I; I' it is also reeo,-amended that r City notify ther�b�ndinc�the devIloper and that the City Treasurer 4campany of your faction. Very ''.r.u'!y your.s t { f f .. E. Hart DireCt Or. Cif Pu�bl i,c Works RER:BPC:mc I ,M ;',/' 7 INTER-DEPARTMENT COMM«NfCATION P`LOYD G, BELS�ITO DON P. BONFA To Exeoutive Asai.stant from City Attorney Sub*t Unlawful Grading DOW November 13, 1974 Tract 7950 - Beach Ville As you recall, we were requost©d by members. of the City G6uncil to investiglite the sub jeot matter and to take appropriate action if such was indicated, Aaci/-Aingly , files of the City Manning and Building Departmente have been r. ev'.ewed and the allegedly offending premix eF were vll ewed. our opinion, probable cause exiets for the prosecution of Richard A. Daniel for violation Qf Section 8111 of the Huntington Beach Ordinance Code in that his Firm conducted a grade and fill operation in which the extent of the fill grossly exceeded the appro,ed grading plan , A. eomplaint charging a violation of this ordinance code e filed this offa�� today , s eatio�a 1e being it by Y DOW Pm jONFA City Attorney DPB-.WSA.:er c , c , David D . Rowlends , City Adminiotrator H &E. Hartge , Public Works Director John Behrena , Director of Huil::Aing and Community Development JI.I C ity of Huntington Beach . . P.O. Box 196 CALIFOOM 0 Nl " BiGKNZSiG DSPARTMENT C, I r,"Yon tf 0 October: 31 , 1974 'r1NCrnK�BRI�' + �. . Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Tract 7950 Gentlemen: Reference is made to the communication from the Home Council regarding conditiono imposed in the development of Tract 7950 by Daniel/Webb Construction Company located south of Holland Drive, east of Beach Boulevard. The communication appeared as Item K-1 on the Octob€r 21 Council agenda. The City Council requested a report concerning this matter for the meeting of November 4 , 1974. The memorandum dated October 22, was sent from this office to the City Attorney requesting advice as to what steps could be taken by the City to correct the grading problem. An answer was received by memorandum dated October 31, wherein certain actions were suggested. A letter signed by the Building Director and myself was sent out by certified mas..1 on October 31 , serving notices to the developer that he has ten (10) days 'co correct the problem. Copies of the above described correspondence are enclosed. Very truly yours , H. E. tsar Director of Public Works HEH:ae Encl. i City of Huntington Beach PA. sex to a .wrawwr� October 31, ' xg74 Danirsl/MebL Construction Company fps Bart Orangt1. horpe PlacentLa, California Geantlrrwwn s Your attention is directed to the deve:.opmwnt kncnm as Tract 7950 located at Holland Drive, Huntington Beach, California. !Notice is hereby given you, pursuant to Section 7004 of the Uniform Building Coda which has been adopted by us and which forms a past of the ordinances of the city of Hunting¢on Beach, that the existing fill and embankment at the east boundary of your develop- ment endangers property and has become a hasard to lift and limb. A%mrdingly, you are hereby given a period of ten (10) days after the date hereof of your receipt of this notice to either malts repairs so as to elimLaatu the hazard and dangerous condition or to entirely eliminato the embankment returning its condition to the natural grade existing prior to the fill. The LwInant approach of the rainy season maker it imperative that corrective action take place at once. The time period extended to you in this notice ,is in no way to be construed by yours%If or a waiver by the City or any person of any rights of action it may have against you as a reLult of any violation of any statue or ordin- ance and you should hear in mind that if tiny damage, injury to property Or persons or any death to any person, occurs subsequent to the receipt of this notice by you and during or after the corrective period extended to you that you are in no way relieved of any such liability you right otherwise have* very truly yours , I k• 2,w Hose Director of Public Works Johh Behrens Dlxtctor of Building and Comma i ty Development H�HrJBsae r� OFFICE OF CITY K.n'.c'^ iNFy OPINION NO. 74-49 October 30, 19711 SUBJECT: Prevention and elimination of hazards resulting from exoavationg , !Trading and fills on private praf+erty . REQUESTED BY: 11. E. 'Hartge , ?ucolic Works Director PRSPARED BY: Don P. Sonya, City Attorney Alliam S. Amsbary, -deputy ►:•I.ty Attorney QUESTION: ?lay the city regulate and rrevent hazards to public and private property arising from exe avat ions , granting and P111 s l "rtSWER Yes . DISCUSSIOAH: Section 8111 of the Huntington Beach Ordin nce Code incorporates, by reference, Volume One of the VnLtorn =•:ild:ng Code in its entirety$ including the criminal. sanctions imposed by the Code. Chapter 74 o, f. ?pendix One of the Ccde relates to excavations, fills and grades , Section 7003 at Appendix One requires that a permit be obtained before any rrR(Unv,, excavation or fill is to be performed, excepting in certain very limited instances , Section 7004 of the Code provide.-- that ! f at any tine an e::b"i"nk- went or excavation becomes a hazard, the o•,ner of the property on which the hazard Is 3 ocated may be required to eliminate the hazard. ,A bond may be required of one who wis:ies to pe.,form arc - excavation or fill to insure compliance .Ath the conditions of the permit. CONCLUSION The city may require a builder or Property o�*ner to obtain a permit for excavation, grading or fillin•- 1•ri.rr to and ciurin-, the occupancy of any building and it. :,,av r,:ou_ re the elit l.-lation of ::angerous eon-3itione which result fron -2xuavations and fills . Criminal sanctions are available to en1'c:_•cc these reau!rements . r P � DOIl P '3Qtrrf. �/ and ';w 1J.-,- r 1' S'. XIST A ;Y( City Attorney/ ,',oput y City Attorney\ DPH/WSA:1: • 1 ► t * SMLA b" INTER-DEPARTMENT CO MMUNICAMN ye Clty Attorney FAO^ H . E. He"so II . Treat 7990 Dmir 4ctobor 22, 1974 The City couna t l, you will U6041110 wants a repor`4 at the nett City Council sting showing a Progress report an the problem of Japicoper, grading of Tract 7450. Will you pleas* adviso as jamOiately of proper steps we sImId take to f aoe the omen to oasts Ir to ' the Approved grading plan? ice:ao ros David D, Rowlands Dick Marlow John rA- lrrons 0 Mblobamb AL INTER-DEPARTMENT COMMUNICATICIM TO N. 8. Hartge Frw Don P . Sonya Vireator of Public Works City Attorney Subject unlawful (baling, Tract 7950 DM October 31, 1974 Reference - Merroratsdusa dated Oo-tober 228 1974 Director of Public works to City Attorney In your .memorandum, *referenced above , you requested advice as to what stepu ootid be taken by the city to correct certain grading conditions in connection with Tract 7950 ,, Huntington Beach Ordinance Code Section 8111 incorporates • by reference Volume One of the Uniform Building Code, Chapter 70 of Appendix One of the Uniform Building Cade relates to excavations and fills , Two sections of Chapter 70 bear on the Tract 7950 problem, First, the failure of the developer to obtain an excavation permit for the landscape fill is a violation of Section 7006 . Next, the embankment resulting from the illegal filling operation could be determined to be a hazard endangering property and, therefore , be subject to elixination pursuant to Section 7004 of the Code . It In suggested that an appropriate procedure would be to conduct a further Investigation and if it is found and deter- , mined that a hazard as defined in Section 7004 doer exist th*n u notice in writing should be sent to the owner of the property advising of the existence of the hazard and directing hiw to repair or eliminate the embankment so as to oliminate the hazard avO *%)a in conformance with the Code . This notice should set forth the time period in which the necessary work should be completed, The period specified should be one that is reason- ably related to the work to be performed. Section 7004 places the burden of correction on the property owner. Unfortunately , in the case of Tract 7950 , it would seem that the Aeveloper is the person who has caused the problem and he in the one who should correct it . If Tract 7950 is a condominium and the improvements causing the problem are in a common area and if the unite are not all mold, the developer has probably retained enough interest for the notice to be effective; if delivered to trim, however$ i N. d. 1 • Cctobor 1, 1974 Trac 7950 Iader TMro Nos Unlawful Aradin d• In thi event satisfaotory cosplx.anae from the developer io not aohisved within the time period juggestedg, you should rotor the ratter to this Office for appropriate action. At thv 41NO of sueh x�eforrnoe s you should siwp:,y us wits, findims of fact e' supporting the dote zvmi"tiOn of harA rd mv4e pursuant to 3*0tion 70046 DOWN y. MMIPPA City Attorney Drb: 1h:all i ' Dick Harlow. ra ,holm burl rmui, Bldg. fir. pp��the `. J t "`ou" l regairliab co►iWi.tioas imposd milt?1iCt� i ir. 1"ated siuth of HOILe id f a pro .pi!! pi�"t to *seated to-the-city� S ci t,31 rAmmicil V.Aft2ftld lid�t fhti� is Works Departs t to coatact .Daniel Nobb yr.._Bublic - ks t •limimati tha odiaa probles as hi - - t 01'tsatiari sivicr it has b"A a problaa of con- at immax art* adA LJOAlf RETURN .TO "'- !' Signed ` • / City Unizistrator ww.w .rfrrr�.�� 1 ` I I t , Cale Signed j r� s SMO PAM 1 ANo 3 wON CAMOM MAO. � i HOME COUNCIL ~.M.Mr Aw+�w�IG,�wl..�,��ww�►Cvl lip.• P. p. 60X 1601, NUN nNOTON KACN, CALIF. 9 1 September 25, 1974 RECEI,10 CITY CLCITYERK FluktrKGi'n� BKACH.c1l�f, Honorable Alvin M. Coen .Mayor, City of Huntington Beach 2000 Main Street � "w { Huntington Beach, California 92648 t9Ja ' � 25 Ph � 2 2 Dear Mayor Coen: The Hone Council has voted to ask the City Council to investigate the following situation. It invo'Wes the Daniel/Webb pD development known as Beach Villas, Tract #7950, located on the south aide of Holland Drive, east of Beach Boulevard, and the fail ra on the part of our city administration to suc- ceseftilly follow through and supervise the compliance by t1te builder with city-imposed conditions designed to protect residents of this development and adjacent homeowners . The Daniel/Webb project involved a zone change from R5 to Rl-PD; the zone case No. 72-48 was on the Council agenda on April 2, 1973. on said date, representatives of the Dutch Haven Homeowners Association appeared be- fore the City Council and discussed their views of the proposed development and zone change. '.they discussed, among otheir items, a walkway easement f-,.om south of the project to Slater. The matter was continued to the noxt regular council meeting and City Attorney Bonfa was instructed to deter- mine whether or not a valid easement existed. an April 12, 1973# City Attorney Bonfa wrote to the City Council that "it would appear that the easement is in a form which would be legally acceptable to the city. " On April 90 19730 at a general meeting of the Dutch Haven Ho:'.r110Mters Asrsociat:ior,, a five-point proposal was discussed and approved. One of the points caller: for the maintenance of the easement for walkway traffic only. Another point was to maintain a 7-foot block wall along the property own- ed by residento living on the westerly side of Marken Lane and the maintenance of the present property level (eleva- tion) . HOME i F. O. YOX 1601, MtllVtihiOTON KACH, CIWE. 9! 647 � Mayor Alvin M. Conn Page 2 September 25, 1974 The five-point proposal was presented to the City Council by representati•res of the Dutch Haven Homem-nors Associa- tion. on May 11, 1973, a tentative tract map was filed with the Planning Depart,,►ent showing a 10-foot wide walkway ease- ment south to Slater. On May 21, 1973, Vincent P. Guarcello, President of the Dutch Haven Homeonwers .Association, lorote to Mr. Palin of the Planning Department outlining their views which included the proposed walkway and the 7--foot Mock with "elevation of the proposed tract . . . that would be at the same level as the property on Marken Lane, and we will not have any drainage problems. " On June 190 1973, tentative map 7950 and Use Permit #73- 036 were on the agendas of the Planning Commission. The Staff Report notes that "at the time that zone case #72-- 48 was before the City council, the R1 homeowners to the east submitted a five-point recommendation which was taken into consideration of the Council in their approval Pction. " The home council is informed that the building of the walk- way and block .411 with existing elevation were made condi- tions of approval of the tentative map and use permit. In December of 1973, the Dutch Maven Homeowners Association wrote to the Planning Department due to the fact that the opening to the easement was closed by the builder. On Decent- ber. :11, 1973, Mr. waarcello was in�:nxmed by the City that according to the builder, the wall for the easement was closed for security r©asons during construction and the wall would be o;rned for access upon coirpletion of construc- tion. On April 2, 1974, Mr. Guarcello again wrote to t-ie City concerning the lack of the e&cement improvement and the blockage of the walkway. On April 11, 1974, City RcIminis- trator David Rowlwids wrote to Mr. Guarcello stating the efforts of. the City to investignts the situation and stat- ing, "you can rest assured that: the Building Department will not issue a Certificate of occupancy for these units until this walkway ham been improved and is in une. " r HOME�d+r1Ad �v�1.sa,Catw+eeld�aC." F. U. SOX 1601, HUNTINOTON BEACH, C,Aw 0. 92647 lie] ,W, Mayor AlVin M. Coen Page 3 September 25, 1974 On May 20o 1974, Daniel/Webb wrote to the City asking for a delay in the completion of the easement improve- ment and requested release of 17 of the units by the Jaildi.ng Department and retent..on of 7 units withou-c Certificates of Occupancy "until we have constructed a. 2" asphalt walkway to Slater. " The Daniel/Webb r-ecp.iest ►. s c - ted an:] only 7 units were to be retained over the abjection of the Dutch Maven Nomeonmers Association as stated in their let-- tens of May 27 and May 29, 1974. The Dutch haven Homeov.,ners As ociation had been relying on the April I.J., 1974, letter from City Administrator David Rowlands that the Building Department would not issue the Cer- tificates of Occupancy. Subsequent to this, the developer laid a sham easement improvement, i.e. , meandering strip of uncompacted as- phalt along the easement way. Slides of this " iraprove- ment" will be shown at the Council meetings. The Build- ing Department, after inspection, released the last of the units for occupancy. In adwition to the failure of the builder too provide and -;;he City to enforce the building cf an adequate easement, the builder had the grading approved according to plan r with elevation equal to that of the adjacent property o�i Marken Lane . After approval, the builder had a land- scaper add elevation and irrigation to his project ap- parently without obtaining permits from the City. C This addition of elevation has caused large amounts of C water rukioff to affect adjacent residences . dome Council understands it may undermine the block wall .itself. (Slides will be presented that will demonstrate this . ) The Howie Council suggeet►i that the variour, staff depart- develmente explain their jurisdictions in superviriing op-ments such as this within the Ci+-y. The City Council rhou.l.d then deterraine what airectives and controls or �f } !1f r BIOME COUNCIL P. o. BOX laar, HURnNOTON IMEACNv CALW. MV Mayor Alvfis M. coon Page 4 September 25, 1974 ether appropriate actions they may deem nece3sary to impose upon staff to preclude such failure from occur- ring in the future. 'hank you for your consideration of our request. Z truly your Vees JC;� A F. DI MOND,. ent H.O.M.E. COUNCIL DFD:eg Enclosures . ' wit a #7 - Council A end& 2/73 I I h i K. DEPRIM ITEH19 K-1. USE PERMIT NO. 73-7 - REgUEST FOR HEARING - CLOSED y W.P. WEA.THERLY - (,10w'T. - Use Permit hearing pursuant to request following denial by the PC - to permit an automobile dismantling and parts operation on the south side of Talbert between Brach Boulevard and the railroad in the M1 Disrrict. The aearine, was cpened and closed on 3/19/73. The PC recommends denial of UP 13-7 ar,! Administrative Review 72-151. SA: May concur with the decision of the PC and deny UP 73••7; or other action discretionary with the Council. K•-2. MASTER PLAN AME11DMENT NO. 73-2 - HEARING CLOSED M CONTINUED Proposes a change from Office-Professional to Low Density Residen- tial on 3.58 acres of land located on the south side of Holland Drive, east of Beach Boulevard. The hearing was held 3/5/73 and continued for 30 days for additional data. The PC re__o mends ap2roval. SA: (a) May approve MPA 73-2. (b) Adopt Resolution No. 3662 "A RESOL1,1TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMEND- ._, - , MENT NO. 73-2." K-3. TONE CASE NO. 72-48 - HEARING CLOSED - CONTINUED Petition for change of zone from RS to RI-PU on property located on the south side of Holland Drive, east of Beach Boulevard. The hearing was held March 5, 1973, and continued for 30 days for additional data. The PC recommends approval. L. WRITTEN COMMUNICATIONS L-1, DESIGN REVIEW BQARD APPOINTbZNT Request for appointment: to Fill Mrs. Ben Ccthbertso:x a vacancy. SA: Discretionary with the Council. r L-2. REJUBST FOR REVOCATION UP #72-41 & AR �i 72- 49 r.Y Mph"-.'-�ri- "Compact City Used Caxs," 17090 Beach Bou'levrrd. Failure to comply with conditions of approval. The Dlrec or of Building and Commun-1ty Development requestathat Council set a public hearing on the matter. SA: May set public hearing on revueat,ion of UP #72-41 and AR #72-49. (4/2/73) (7) '+• r April 12 , 1973 t T0; City Council FROM: City Attorney SUBJECT: Zone Change - Case No . 72- 48 DA?;IEL WEBB CJNSTRUCTION COMPANY ' Location - Vicinity of Holland and Beach The City Attorney ' s Office was requested by Cojincil at its last meeting of April 21 1973 tc review an easement for ingress and egress relative to a zone change of the subject property . Mr. Daniels of Daniel Webb Construction Company has pre'- sented docu'nents from Title Insurance Company indicating r-- that a valid easement exists in his favor and in a telephonic conversation with Mr. Enda of Title Insurance and Trust .Compv.ny , Mr . Enda indicated his organization would insure title to said easement . i In view of the foregoing it would appear that the easement is in a form which would be legally acceptable to the city . }respectfully submitted, r DON P. BONFA City Attorne r !� �' ' ,�- /��.' ,•- r- '00/ •GENERAL MEETING or THE DUTCH HAVEN HOMEOWNERS ASSOCIATION WAS MELD ON APRIL 9TH 1973, AND THE FOLLOWING PROPOSALS WERE DISCUSSED A10 VOTED ON FAVORABLY ! I . IF TMIC PACSENT EASMENT LOCATED ON THE WESTERLY AIDE OF THE EXISTINU HOUSE IS STILL A VALID 20 FOOT EASMENT A3 WESTERLY WE THE HOME OWNERS WANT THIS EASMENT TA REMAIN IN ITS EXISTING LOCATION AND IT BE RrS1RICTED TO WALKWAY ONLY , ANC] NOT OPEN TO ANY TYPE MOTOR TRAFFIC TO OR FROM SLATER AND THE PROPOSED DEVELOPMENT- 2 WE PROP03C THAT A 100 FOOT BUFFER ZONE EXTEND TO THE FIRST RESIDENTIAL STRUCTURE OF THE PROPOSED DEVELOPMENT FROM THE REAR PROPERTY LINES OF THE SINGLE FAMILY HOMES LOCATED ON THE WESTERLY SIDE OF MARKEN LANE. IF SAID STRUCTURES BE TWO S tORY WE PROPOSE HAT SAID TIVO STORY SE CONSTRUCTED SO THAT NO WINDOWS- APPEAR FACING 74E NEAR OF fHE RESIDENCES ON THE WESTERLY SIDE OF MARKEN LANE , IN ORDER TO AFFORD THE PRESENT HOMEOWNERS ON MARKEN LANE THEIR PRESENT PRIVACY. 3. LTERNATE PROPOSAL TO ITEM 2. WE PROPOSE A 30 FOOT BUFFER ZONE FROM THE REAR PROPERTY LINES OF THE DEVELOPED SINGLE FAMILY HOMES LOCATED ON TI4E WESTERLY SIDE OF MARKEN LANE , TO THE FIRST SINGLE STORY DWELL— INO OF THE PROPOSED DEVELOPMENT. NO TWO STORY STRUCTURES ARE TO BE CONSTRUCTED CLOSER THAN 100 FEET FROM THE EXISTING DEVELOPED PROPERTY LINES LOCATED ON THE WESTERLY SIDE OF MARKEN LANE. WE FURTHER PROP-- 08E THAT SAID TWO STORY STRUCTURES BE CONS`I'RUr" ED 80 THAT NO WINDOWS APPEAR FACING THE. RESIDENTS ON THE WESTERLY $ :�+E OF (HARKEN LANES IN � ORDER TU AFFORDS THE PRESENT HOMEOWNERS THEIR PRIVACY AS INDICATED IN ITEM 2. 4• WE THE HOMEOWNERS PROPOSE THAT A FINISHED WALL BE AT LEAST SEVEN y FEET IN HEIGHT TO BE PROVIDED by THE DEVELOPER. SAID FINISHED BLOCK WALL TO BE MEASURED FROM THE PRESENT PROPERTY OWNERS ON THE WESTERLY SIDE OF MARKEN LANE- WE REFER TO THE PRESENT DEVELOPED SIDE AND AT .� 'THE PRESENT PROPERTY LEVELI SAID WALL TO BE 7 FEET ON SIDE OF THE HOMEOWNER$ ON THE WESTERLY SIDE OF MARKEN LANE, FINISHED IhiALL. ,y 5. IT WAS FURTHER DISCUSSED AND AGREED THAT THE PRESENT BLOCK WALL CLOSING OFF HOLLAND DRIVE WILL NOT BE OPEN TO ANY TRAFFIC, MOTOR OR PEDESTRIAN OF ANY TNPE, AS AGREED TO BY THE CITY COUNCIL AW6 Tie HOMEOWNERS OF THE DUTCH HAVEN TRACT. MR. V i NCENT P. PRESNENTwHOMEOWMER ASIGOC. GUARCELLO OUTCH HAVEN TRACT. __,dcr .i4k_ MR. RoeERr REDMAN v_VI 10 NT Q. 1 %a • V..,,,i I f ,• IwIl IE w r.f I ,J, I i R . pa dwAP j7g k Ell sit' VAL I � 1 ' ' I I • , 1� / 'i --��c�] %ram` :�'', �•.• �`7 �• C�•��� . {04 _...} 14 0 'fE i 1.71 CO •w• •i•. ;(�-- ` � � cam.. QQ �� '. .0 � �� ,��. £ �` , Lo � � � • L� ' .- _.. .---�1.:-�.._._ --�._ . _.. .. . r� ��,��..r�=��---� .• ' ;ram. • . �. .�. �: ' • •'` I I1 1 !1 )-� 1 } �! ,•i'--�^?• +-� 1 (fit 1. z , �� cam• ->~� •�► _ •, ., �, .. . . , � May 21 1973 ors Mr. Win RFi Tract 7950 Planning Department a zS� Miatingtom Beech q Calif. Door Mr, Palibs 2 Tfiia litter is to confirm our conversations in regard to v above tract, as follows i ;.: X. We have no objections to the moi ing of the recreation area ftom the South Side to behind the Marken Rene property ownereq in view of tha points mentioned by ymr. office. 2. Tn regard to propobed walkway from Tract •7c) 0 to Sla tRr for use of intended owne.s. As T explained to You the City Council assured us and has Councilman that this existing easment will be useA for a walkway and that we will not entertain any idea of opening 'tot l and thrive. 3. we discussed elevation of the rrorosed Tract and you assured us that 1t would be at the same lero'el as the -' property on Marken Laneq and we will not, have any Arainaee problems. The 7 foot Block wall was proposed by us to Insure that we are protected from ch•ild•ren Jur-ming into our yards$ and to insure privacy to. the homaow,ners on ' Marken Lane. Nowq 7 rope that another map does not annear. 4. It was'•diecuaxed that the City eventually interAs•'to make a through street from uolland to Slater in the proposed tract 7950 and moving of the recreation area would assist the City and Developer that this will be- done. . As I pointed out our Childr on from Dutch Rav+4n hav i no ' .J us* for this walkway for going to schools its for the child- � rep in Tract 7950, The City Council approved th i n ' Iona - Change with the underctanding that the developer mast- have 4 ' this walkway from his tract. 'May I on behalf of tht Homeowners of Duteb Raven thankyou for your concern in having the recrpation area on the Coruth side ;. * your prime concern was our comfort. As you know a five point proposal by-us -was givon to City Council and all members . interested in this development.. ISincer ly ]hitch Maven Homeowners Assoc. NuatinCton Reach i C'allf. ' .147 • Vincent P. thxarcollo ', 1'resittc'rt. e.eipt of t;;s ;.otter and any corrections • .Ifs :' tyy •• y:...a :,.! r /' — .... _,— '� , _ . . . .. is •1.1_i'r•Ir:�'.I. ..i• ,. ..i : i_ ..•' •. . _ --- \ _. STAFF RE.PORT I • ` PLANNING COKMISSION FROM:. Planning Department TOTATIYE TRACE' NO. 7930 DATE : June 19 , 1.9 7 3 in conjunction with APMCANfi: Daniel/(febb MASTER PLAN: Low ?Density 452 E. drangethorpe Ave Residential Placentia LOCATION: South side of Holland Dr. 265.5 ft. east of Beach Blvd , UP RKLMST: To pa mit the construction of a 24 unit planned residential development on 3.86 ac . of land in the R1-PD Low Density Planned Residential. . H•M TT IREQI.rST: 24 single family homes CBNERAL INFORMATION : I Tentative Map No . 79SO and Use Permit No . 73-.036 is a proposal to construct a 24 unit planned development on a 3. 6 acre parcel . of land recently rezoned R1-PD by the city . At the time Zone Case No . 72-48. was before the City Council Vi—F l Fo oem�vrit� �t e east,-submitte a five point recommen ati n which was *ken into consideration by the Council in their approval action . PRiS2NT LAND USE AND ZONING: Subject property is zoned R1- PD Low Density Residential District and is vacant at this time . 'rho property to the east is zones R1 and developed with sing1 family homes . The property to the north across Holland Drive is zoned R3 Medium High Residential end developed with an apartment complex . Property to the west is zoned C4 and developed commercially . Properties to the south are toned RS and are vacant except for a single family home upon, one of the parcels . (See attached mnr.. . ) MASTER PLAN The Nastier Plan of Land Use has th'. s property shown for low I"'' , ddn5ity residential development by Master Plan Amendment No . 73- 2 r CITY OF Hunnnaon BEACH P.O; BOX 190, CALIFORNIA 92648 t PLANNING o M T1 ANNING ��� Tp t714153b 5Z , December 11, 1973 Dutch Haven Homeowners Association 17431 Marken Lan- Huntington Beach, California 92647 Attention: Vincevi.t P. Guarcello Gentlemen: In answer to your letter dated December. 7, 1973 questioning the easement on the south property line: on' or about' December 6, 1973, 1 called Richard Daniels of Daniel/Webb Construction Co. and questioned him as to the closure of -he wall on the south property line. At this time he indicated to me that the wall was closed for security ' reasons due to the high vandalism rate. He also indicated that when construction was complete, the wall would be opened up for access . Sincerely, 15 Dan E. Bruening y. Staf f Planner DEB/sp 'r•`�',•...r.'�• •. .. ' � .T...._�..� _. ..�......y,...�-.•...�-.r••...�......_..._... .•._.... .........•....... .. ...w-........ +ter..•/.►.....• �••-w•--r..- AMIL 2nd 1974 fir. BOUS116 Cif AAniwLaLatratow Offsar r ' I:. ,am"taa aobo Ca31,f., bar Sin Mir Vw &M Anwe of The Ltttrrrb MM Trot w"Id Me U Mae '!'lam no R T Am the baL26 a VAb i T*M*U intend to an eaftaidn ossawat fbr vaUwW an io 1n4ioi►t4 by bls to us Wo JMW Ov am mod City Co►unci il Planziag and W otbrr offteiats ot tug City 0 It cif the uft" d at t o anti ft at City Vavm U Lwe1 that the Zom Cite wmdd be Hrented to FMI&rg providing he tsar the emowt Nd MInH to BUtir for tba ab tldrea Hoift to a wol. fha Wart proper tart. Lecatod an Z63land Drives Best of Beasb,# and NTLb at Mterp Wart of Notan Lowe P31,ew bO aftleM tbtt Ak five point paropoval tree sWnIt0d to Cite by the Hors Onw d and kited by City► Coww1l mod other Officlrl Offlete and buUderw Cog" "M Hiwn to an eonw- �rA partieve Tbw filer no attaVt ie bow ode by the bulldog to procW rift . Uw wo of the exiotitt eaveent for w&L%t►ay for the Childrm of hie taaat tar subwa, Ple►ft Rawlae w in eerie " to the Rxaat 1' a rleaa he the 1 ' • uizow laatands to Mwith for Cittiy o o and tM r.rp"t of un am OwnM arm TO$ C=IUW M MKS We D= ■AHIMH Tit P. auaroai]a - Prreidmt W.. MTH CIAMM., Dateb Haven plane Orman 1TL31 ituten Ln. BuUtIr4tM 94WAR Calif. COlT M I= CC MIL BOIL coisRS N[ft'I AL► AM BXCCtfTI S COUNCIL lMSi TAxf. M.1rMR AO . tRAT IT WAS AMR= AT Cx'r!' COUNCIL B'1ft' �!'!l3HIt Otrf1CIALS Of TRa Cam' THAT MO1, AV rRIY$ YILt:. HOT H11 OPt�I� Tp *lff TVZ OF TAAFTICa WE UILL Of'MZ ANY TYPE OF t7FMIM. 04 r City Of Huntingtern Beach P.O. Box 190 CALIFORNIA 92549 '•( .q >w,�, OFFICE 01� 'Y'11R CITY ADP,1INtMATOR April 11 , 1974 :., Mr. Vincent P. Guarcello, President Dutch haven Home Owners Asso:_-i ation ' 17431 Marken Lane Huntington Beach, Caul i forni,. 92647 I ' I' f• ,' Dear Mr. Ctaaxcello: ' 'In response to your letter of April 2 , 1974 , concerning ,t:�. R•, 'Tract No. 7950 , I invcsti fated your areas of concern wf tll both the Planning Department and the Building r Department. Mr. James Palin Senior Planner, indicated to me that the developer, Webb & Daniels , would provide the easement you referred to when their construction project is • completed. The existing fend S ill he removed and this walkway will he opened to use by school children attending Lake View School . The reason the easement has' not been opened at this time is that the buildings are still under Construction and access thrnugh this casement wotlld 'F constitute attractive n1lisaalCCS for children. I also contacted Mr. Cliff .banes , Structural Inspector, who indicated he had met with Mr. Daniels on April 8 ,. 1974 ; to discuss a time schedule. Mr. Daniels related to Mr. ,tones tht14 it is impossible to give a definite completion "w1ii,ver, a tentative completion elate• to s , L.,_L I lilt E L u t.1l ion. r1.�1' �•' on can rest as!iured that the ► Ruli lding Departments wi 11 not i ssue ,z Cort i ficate of Occilpanc Lin these ulnits until this ti�•all:u��a�` has l,cen improved rtn11 is use. ' 1' might also nlleviate ran), concern you have over the possih1c Opening of Holland Pri ve. The City nilrovd to close off [loll and Drive when the existing arartruent units wero originally constructed. There is no chanv.c in the C'ity ' s posture rVgard- ing thi r, cl osurc and no efforts will he to open Holland Drive to through traffic. Tc;�i111ntti (714) .5.16.5201 +t " Mr. Vincent P. Guarcello _�y.. April. 11 , 1974 r f trust Y have resolved your concern regarding the improve- ment of this walkway. ,. Thank you for bringing this matter to my attention. ; Yours very truly, David D. Rowlands City Administrator DDR: eh cc: John Dehxens , Building Director Ric'iard },arlow, Planning Director I ..�.:.a .,rr+ r w..•�."'.w.".•w�?`...���!k,lFii�4'�l'!T!!�. +� �1�Y�v_rs,!�t �0'I*'�11�1I ....• May P?th ln74 W. T*vwld De RvrlarA is City Administrator RTMt Tract 0 7g5n Runtinkton Rea.eh a Calif. i, Dear. Mr. Rowland a t V* had not Initended to write !r(wr cs" use r-)rtalnlnr to .. matters discussed in your letto►r to zee rhit h haven ''came { Demers regardIAR Tract No* 791) 1A your letter of Arril 119 1974 yem state vory clearTy that the oAattrern we dismasel had been sett lad , And that the City ant its Oft'iela►1s wil.l eo*rmply wlth-em.r i.-mcrvgets. You stated that you had bAan to eontact wlth tlff!tnlnl s of the Planning and 'P aild inR depart.mants anti they► a timmocl you that they too would nampl. v th your stat elmentse Me* your letter and within ttre last two weelra 'T bav* reeelved phone calls ?rrnn the Cl.tr amd ovoin 1Mr.91,00Ana er of a Mingle Pavony from behW, iti he Mr. sbolclnd aadvi,sed m and Mr,,Glerm turd that he lai4hdo to file a Taro Suit agalnet no the ';osm Owners and the '"ltyr of Viintw fugton Beach. Tt x"potr ,, tbat hie title accordin+* to hlm Is cormat and the findxr gs. of t;o ritv Attarnmy arcs note ram that the orixtinR ea,sment In maeetion cannot, he nsA-,l xa a WR' y. We v a���e lead to underst`antl t:rat-the n1ty cem"all xau].d not; agree to Zane fhanae till the s huaretit van aleered to b© need air a walWay 10or c.-MI(Irnn to sebool frow Tuct if 7950 and It vcm]d rem'In In Ito nravent; location as ag"A by evezyvne. Tf any Uw Bu!t Is fixed art-last us the Ro3e Owneirs As5oelatlon Ylu*eh Tfavan tiro will andect the Cl.tr to protean* �s an-4 provide �at�y 'TsRai c90'ranse .needed nonlfsas .sloes we wer t nivt sed by thA City that ` this condition of valh. my was a TAgal. onto« DOMB tb4 6 eabmaant • Wong to the City or to Mr.Shelcloaq or otbpr cart ims we are not &were of. Tate ?To= f ors ha," acted In RW faith and antiearmd at all Public Rearing# to vol" cmr opinion and rave the n1t.v c"ounell w d 1 ulller XroDanielo copy of our f.v^e roint trorrosel. NO ONE M;C'RiI ANY ORJrCTTOWS 'i TLL 'Mr. T.AST 1740 1 .• ,�, wAt1` AMPIR 17M9 AND TFM OPPORTMITTr MTrR TO IMTS.--Voe artirmofate a+or letter of go April 11, 1974 and earroct• tbq City to onoyr its agree". At to us an stato.d. Thankymq anA recmeAt' . your lmii late attmntion Into tole rAtterq awaltInR ymar mrly. Dutoh Raven 'Rom Owners Assoc. 'Tmrs Very Truly . 3.7431 Vkrkox Lace Rwtington Reach a Calif. 92` 61+7 • �'�. d}41 v3r�aex�t fl. �#aar��hl 10 PrRs:tdan W Copy? Rconw Ct ��aiY r f 1 ' 1.lWeli2)anie �w rr wrr.r+••r. CONUMUCTION,INC. 492 E. ORANAEMRK AVENUE PLACEMTIA, CALIFORNIA 92670 (714) !�7.0•3710 r • May 20 R 19?4 City of Huntington Beach P, 0. BOX 190 Huntington Beach. Calif* 92648 . Attentions Pat Spencer Res Basement *Beach Villas" Tr. 7950 Dear Siro In regarft to an eament from our tract ?950 '°Beach "villas' to Slater Avenue, wa request a delay on completion due to the fact that said property is ,now in escrow and will is. prove said easement when parking lot is ccep►lc ter. It their eonstruction to not completed by the time Wye reashsd the closing of A? escrows m we will not ask a re .. lease on lthe remaining 7 eeCross until we have construct*►$ a 2" amphalt walkway to Slater. Xoure trulfy,f .. .�(i�/�' �/� `[•,cam` '' ti Richard A. Daniel MAD/wt • •� May P-4th 1974 ''• l�'r�Aa�rid Roarlas�t s City Administrator R'Mt Tract 795C ftntington 'Reach. Calif. Dear M:.Rowlands & Any. /All City Officials 1 k� ` In I' letter to you on May ?_pth 7 was not aw ire of eartain facts. Nov I learn mot only dour the City intend to ignore It prcmises ,made in your letter of April 110 IQ74 but that.' ' our orrice.' has already Bone against Ito arr'emsinl. Tie rafor o the foil wIng z Yon 1. x affics on May 21 1974 authorized thef41c'13C1g Went« release f Units In Tract 7950 Lot 0 1? & 142 then on May , I t rtas rthar authorized to releaas Lots # 1' 29 _ 9 99 l �V 16,E 2 - 2. '�' loarued that a Qiek Clulm was filed by Mr. St+e•7ton on !=20? 1 and he ave i.t to nr nlmls & 1-) 'hb t t97�+� R ,� e � �a s ,aan bariiels d Webb from RIvinR it to tbe 77aw nAvsjlnilAr OVShel,t,on prrperty. new Dmvelpoer wc0d 1;hon 'want tbt ea *;t moved and not d eve l oned an promi smi., Tie had a lways— M0 told by City Offlelale that the easmont �+elnnv,,►d 'to"tbq y# If thia property was available for glak Maim Vhy eras not done way back when th i e matter eras nnel-)rered by tbo I tl.e Searob of as id property? tThe City Cowei.1 Rranted Zane ChanRe w1.th th4 un lermts?illnit hat this ro art (easment) would be •usel for wallnmv ant! you ersonal P ascured us that Nth c,. TTrC TrS Or Pf"MI Tp v 0 or& TT NT n�; � i1 !' n emr s or a pr , 1. 9 I+* pxeass take special note that geode have* already moved into thin Tract and will continue to do hog it is in violation of all agreements with the Dutch Maven norrte Cwiere and thy!--("ity of ftatington reach and its Offiaiale, that rirrasent the the people of this City. 'S. It 7mr af."Iera and the Offlelals of this City cannot Wnrao Its a .r•ements as stated in ,Arril 11 ttion what: asenrance 4o w* haver gat nm +gill not open 'Rolland Arive to any. tyre of traM e? � You assured us that no ones would move In till Valkway. CemrrMted but people bove already moved iri. Row► can we t��n norir� t�merer be upared prateation by the City and Its Offi cia] s In any, matter,, The first time wry learned of any int@nt to chaneA ankh ine was on 1b, when I called Mr.Rarlmv and he promItied to ro*"rn my Bali 11 any aKrsements were reached with anyone. It seams everything ryas set crier to ou.r bmIne: &MvI s44, appears that the zdo in the -minninir of tht e City and eaxwot rely on a wordo e 07101al e. Dutch Ravvn Now Owners Aseoo. �-► .�'��.'..��,`---� 17431 Markin Lana p 'Runtington Vaaeh. �` .n� t Vine4nt P. Cuaremllo- Aretiid : May 1Fth 1g74 r,) Mre It lfarIow) Planning Department :�. City of ftntinRton A040h _- Huntington piaacht Calif. o : Doer Sirs This letter to to confirm our conversation$ of Vay ll+tb and the 15th regarding the movinP of ttie presont owlstinr easm iat# west of Marken lane, to ?)a usaA for walkway for ehIldren to school, for Tract No, 7950. As you requested 1 spoke with the Home drmers If 04y would consider the moving of said easmmnt and T made it very clear to than that the City and its +�f•1"ieiiale were riot trying to change their position as st'+atM In letter froze Mr.David D. Rawlands Catty Admint strator of Rprll-- 111 1974,6 Tt was the feeling of the Fame Otebars teat they were eantent with the present agreament avian City Cv 611 and other Officiala, ani that easmnrt remain avaetly were it i any! not be ohange�dl as aagge�sted , r also We It very clear that you advises ne t'hat the city is not •ntortai.ning any Ideas of open?ng 17ollAnd to Amy t�p�r of traffic. This was also made known to t"�s Nave ouncilp we made them aware that the City Is acting in good faith with us the Tome Cwne►ri9 rmtch Tfavion. We cannot understand why at suet a late t3mA Knee Ole matter not been mentioned, at City Council 1ere1 and etae ' any! now the" seems to be a problem Fvoryone had ample mple opp oru nity toexpress their o nions at Nblie RearinRAp as re thn Rom �aero did Ah' copies of a 5 point proposal uarsed crat to all concerned parties at Citsyf Council Yoetingo 'i`hanky for th` concern show by the City and tsie hfl"Ietals :;hat represest ant and car speclel thanka to you for having the ocurteoy to ask our opinion In thi s matter. Dutch Wa'rren 'None Ovaersr Assoc,, sure a { 19*1 Warken Lane tington Beach, Calif, 92647 ` n440 847.. 6541 Vincent Po %arcollo 1�resident Oct Ito" 00=01I.- Plexpe tame special note we brere ad41aed that #%xlxtinR wasment was legal for Its intended ane. Therefore Zone Cha:,Re allawede • r Ronorable Mayor A. Coen City Couneil Members City of Funtinvton Reaeb 9, Calif* I4ovAmr� �r �' 19?� Deer Mr. Mayor and M+imbera of tT?e City Councils WE 117 DUTCR P'AV1"N M01,11", (711RRS ASSOCYATr01w, R 'S �' ►T,tv REQUFST IKMEDTATE AtM FAVORAP17 ACTTON T"Y TrM CT"'Y COMM-TT, WI"M T1, STILL T:XTSTYITO VTOT-A,,T.. ON,_S, AwD tPnnlv1,� 'ATIM T"R DAtrmr.�wPwi D7VAL0PMPNT "ACT # l5o,, rwS . rgnai.F-vS TrAVr, 'nr*P-W DROUGHT TO TNT: ATT1 7TON OF Tom, DF,1- 1OP", A"fi) 177 ?Y.T S A?M F-RONF CONVER SAT VINS I AND tlrRSO!rAI, WOU.1-1 APPRRCTA'r"P: A??S',!v. ,'RS TO ' POLL(Y-ITIPOt I* WHAT TF A.NYT"'M1 0 TS 14ET14G D011P. ArOr'T T"PR TT!FA8T(%'1 MV PRIVACY ASSITPrD ITS, Tom° ROW, CWWRS on MAT?"mr IA1M, vRAv TITTS DEVFLOPMrNT, ? 2. WRO IS LEGALLY RFSPONS"L7 VCR P", SOXAI, TW.M Tr-S ,AND SIOPERTY DAMAIGHS TO THE TTAMP, C MRS ON MART+" ,N I,ATR TR OF TRR yTnTATTri -,MAT WK!Rm APPROIrM, TIY' OTTv Nsmrvrms ON TRACT # 79 o. '1 3. WR'Yi WIRE THE nOWS RFLFASPD BX TmR CTTT FSTn'C:YAT,TV TTV 'TT 74 OF Th?, V O I P ., AIM 1-MAT 17 ANY C()RAECTTVv, ACTTnN "AS BFIRN TA B' BY DEPARTNvTyT "PS WTTrt T►M, * SPP.", P! 5 I-M(I WE'RE ON ` RAT JOB, AM) ALL( -?F,'D TN'+REW. VTnLATT0'NS. ? i�. WE TTM ROYR OMRS APrRFt;?Aq?, rmm, FA P-T IMAT nr'PARn1vr7, rPr ,ADS CA?MCT pR TV 117P, FTFLD Ai'k ) Y(TSIP T)r,,1 r,?,M nn "R VrW DYWORATP0 TO DO TTTP1R .TOPS PR01MOT.Y. TPP SvOTTT-n WE fi01m.n HAT MR.RP BLOW AM MR.SPRTQCF�R .%:?ZD O'fwr-.FRS TIAV , r,,rqv,*Mr.'? "S 1'RT` COTMTKS-Y AND COhrCriN 1~1 Pr.,CT m Or (-.W?T'Y OWTCTALS. l • . WRO 14ILL PAY FOR T�(Tr+, DAVAryrS To T". Mffl „ TV 1)0�m, PY DEVELOPER AND FIPRID TITSPECTOR ADVTSM.) or "M.Sr, IF?'IT,ATTnVS, WF RF " ,R TO 1400DFN rinmGR ON PRO "'Y 1�+1. Yarkim T.an-q and 17431 Markon Lane and all rnMR (r,M, , `S 0'R MAP,"N TAM V theBe V'IOLl1TTO?16 WERE 1701PIP3 P'? CTTY 0rrICxALS WIALTr„ 6. ROW CAN hRV'RLOPRRS DO vmr• 0w ,TORS 14TTn0rTT nV,TTTR•C MRUTIrS AND CITY ALLOW T418 ,AND AP-LFAS10i "M- SR vnM8* ? WRAT TIP ANY PRFCA"TTONS "AVR VR" TATr X TM rMf1wr'f' sr luv, OWNERS FROM T"s 7 'F OOT VALLt PAT,T.T?;G ArD TrXMT110 WHO 13 LIA'S LF FOR TR TS T 8. WRAT IS BtTNO DOFF AR" M, VTMATTONS RvgAADTr1 LANDSCAIPTNO AM TRRT�,ATTOIJ T?""'TAT,T.rn %OT"Tflm TANVITf'S, AIM W140 14ILL ASSTT". . M, T,TATtTi,TTY r,`OM 07 DAVAnIS To nSe ? Pv, T" DrVELr."-, S Rr-OT'TRrD TO TAFF, OUT W TWT.TS "MR "T"rS Idt"RY ? JUST LIKE IM, TAXPAYERS W710 WANT TO T. PROVF TI(RTR ROWS, YYNCENT P. QIIARCI:IJLO.• P'RrSrhfil7T •,+ DUTCH HAVEN ROME 0-MRS ASSOC. � � , •;t.�', 4' �+,,•�'�'"•' M &19nfam to Citrr �tmaay D?`A IILV74 (014LAMID, DRIVE) MACM No, problems with Tract No. 79SO to the City Attar- raloger, ' ,4vi4 'l/Wsbb Constructimi 'q*xpaAy S not tile + da ra: +r C�. tax 11 also '!equ-.�stad StOu.li i e; .g fisims .* f6r'vardeid alan$ with any � ► l rain tease dispxsition of ,this matter to be RETURN TO ' 0- Signe ,. 000'..ti0" mpg'" d • �''ruffs cc: Dinh Harlon tr iniatxietr�x Bill HariC7ge Doio Slaked 4S , S $#NO PAM i ANO a Wnp CA"oiw WAQ. f+.hrrltl� +FW PARt S Wou M 19104 p WIT"Whr. i 1 3111 Hance Date JLIIS124 Ptsbi.�t 1�Toitlt to grey sx act i o" y ftbl is Works ldt titk d+rx lop*rs &ad Jar risU. is "d .s 3.k. .a.. Citir_..•A►dmi n i. 'tra 's x ad ..he Office* •� wst ��i rs�i it at I ast t a ' RFTURN TO Sign* i II i i I Dole Signed NdrhllArwN�hAMI IMA1 I WVA M IMrW11 M W11%MM V. r1' 1 Of 'Calltota" ► :: �1 „ CLOY;-�fl of t �i' �a�roh,� at �Cw �ra�a►�� �wrt • ` Wk i; "73 ` s I�CCas c �i;;' ► �•llk;a�1 for n f ilea 1 r l � City of Huntington Beach P.O. sod[ lily CALIFORNIA IltlM ENGINEERING DEPA,RTMENT October 2 9 :1. APv � Honorable Mayor and City Council City of Huntington Beach Attention: David D. Rowlands City Administrator Subject: Tract 7950 - Daniel/Webb Construction Co. S/s Holland Dr . , E/o Beach Blvd. Gentlemen: Transmitted herewith are three (3) copies of an "Instrument of Credit" satisfying the requirement of subdivision bond^ and two (2) copies of the Subdivision Agreement for the subject tract. The Instruments of Credit should be accepted by the City and the City Clerk instructed to file the instruments . The Subdivision Agreements should be accepted by the City and the City Clerk instructed to file one copy and return one copy to the subdivider. All instruments have been approved for amount by the Director of Public Works and for form by the City Attorney. Very truly yours, i III. �: Ha r�kfge Avting Director of 'public Works and City Engii,Ner HEH:BPC:ae Trans. i _ .. t , '1 .• ` if,ri 1! tir ` ; ,.• )•' r ' , 1 )DO"a l a WOW Ouds tftc't col '00", +452 SA' Oraftithox' A"« I��,icat isp � �2 1 r , The City O"WIL. Ot .but4*ton D"abo of its rwgniiqv wwtixs hold may; Wavimbor. 3 1913e appr l tbi Sul,4'_-ria r Pi Agra* toot for.' root .xoi '70301+ +It 0"10004 UnwiitM"Ai dely mo+oruted Gory lfor = files. . ' , � only, ' , • A1149►a 'U•' Wft4V th AMIR t � � ' 1. . • ' r .�.7•� • a_. •_ _ � • ' a rill',r•. i tt .. \. ♦ __-_ t. l �.—_ -_._ ... ____. — ___—_ i u JA City of Huntington Beach P,a. pax 190 CALIFORNIA 92648 October 29 p 1973 Title ST&&" & WIN& ice? we mail, at. Swu A"S OL Attention: LMY WD.MSM RE: Tract Map No. 7950 Gentlemen: This is to inform you that all £eeu have been paid and conditions met on the above named tract. You are free to record same at your convenience. S4cerely yours, Al.^is M. Wenworth City Clerk AMa: to I facfl'ICE OF COMPLM. 10N WMI CONDITIONS ON TRACTS ll'1' I( -/ r10' H FOR RELEASE FOR I:(1:t;fl'-wilic f TO: CITY CLERK onr,. : *7 FROM: PUBLIC WORKS DEPARTMENT prma-r- 10046 C'tP+XV TRACT NO. - DEVELOPER ,�`�r� � � �- 'S L�,r►G�. � ...�... CONDITIONS : Date Deposit of fees for water, sewer, drainage, engineering and inspection. . . . . . . . . . . . . . . y 014 A , Bond for Improvement . . . . . . . . . . . . . . . . . . . . . . : M Signature of Agreement. . . . . . . . . . . . . . . . . . . . . r Certificate of Ynsurance. . . .. . . . . . . . . . . . . . . : � Bond for Monuments . . . . . . . . . . . . . . . . . . . . . . . . . + x Approval from County Surveyor. . . . . . . . . . . . . . { Lrbo r & pia to ria l Bond .. . . . . . . . . . . . . . . . . . . . . ...,��► �.�..._..�._.. Other : .....r .rr r.=�.....a.r....rw.��.�..w.-ww+r,.rri..r.i.► .r..�.�.r ...+Y.nr-+w+wrw ..�._.-� gnature NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT AUTHORIZATION L'OR RELEASE FOIL RECORDING TO : City Clerk FROM: PLANNING DEPARTMENT James W. Palin TRACT NO. RECREATION & PARKS FE.nS PAID A6 Other• r„ rr gnstu�re r S 0 CITY OF HUnTInGTOn BEACH / P.O. BOX 190, CALIFORNIA 92648 I PLANNING DEPT. (714) 536-5271 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Planning Commission DATE: September 25 , 1973 RE : Final Tri:ct Map No. 7950* - All of Ten? ative Transmitted herewith is the Final Map of Tract No . 79S0* , being all of Tentative Tract Map No. 7950 . Subdivider: Daniel & Webb 452 P. Orangetho_pe Ave . Placentia, C .-ilifornia Engineer: Mallet , King c, ' ssoc. , Inc. 1335 W. Valencia •Ive Fullerton, Califa.L,,,. a Location : South of Holland Drive , 265 ft . east of Beach Blvd. Lets : 24 Acreage : 3 . 86 Zone : RI-PD This map has been examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the City Council on July 16 , 1973 . The City Council map approve the map , P.ccept the offer of dedication and improvement subject to completion of re- quirements as shown , and instruct the City Clork that she Final Tract Map No. 7950 Sept . 25 , 1973 Page 2 may affix her signature to the map and deposit same with any licensed title company after roceipt by the City Clerk in writing from such company stating that it will cause preliminary processing of such map by the County bitt will not record until the comppletion of the following conditions , and receipt by su4l, title company of prior written consent to record said map given by the City Clerk : ; . Deposit of fees for water , sewer, drainaC3 , engineering and inspections . 2 . Bori for monuments . 3 . Bond for improvements . 4 . Subdivision agreement. E . Certificate of insurance . 6 . Park and Recreation Fees shall be paid prior to recordation of the final map . 7 . The final map shall be recorded prior to -the expiration of Tentative Tract Map No . 7950 on July 16 , 1974 . I Environmental Ctatus : Exemption Declaration No . 72- 105 was adopted by the En- vironmental Review Board on January 16 , 1973 . Respoctfully submitted, Y:eyno s r atin ng rector KAR: 3h Encl : Location Map 1 A � f �otrtbt ILL t vet VL Ot rr � VALENCIA ? J J FIRIESLAND CF- E _LL h(}L ' c R5 CR 1j - •- co IW .J"... (I !C/•Gt yle 1�6r ...r+ue�.�.ra.wW�.pwrrwf+r�ierM�wNw�le rw7rs,w�/rM►rwrrY Rt�.K•tdN�aw�a'uvaK+utrr'Maz[nwJ,�cYq CRIMRNE'!M1A'1M'3�/1RrtY" /.M.L'R�.�R.[.•.`.Y•: • •:•1I' •:tYlllftf'. 71R.1�1.�/O,If1[ C% IL aK +7�swafEaI�M7MMa.1•MMO'�/5191L.M}7Y�1 FINAL i No . 7950 Lotsi . so Acres t ,�•,attke. c�aJn" � 1•'.R>Nt.arA� p ..•wwl.aw w.wwM ,I�rIM.MMw+w+wwr+wwRw�u.nM•�w.wYrwr�+Wcw.N�,.,�w�11�1v+rrw�AM.1.Mr�r•.wwsrw.l Mrq.1••.a.r,... ewvarr v.rtrwr.wst le►••+rswr•��7.s+•� rr .� /J�T�"•.i°i'7''•';1'F�r(SiT�f11�C�