HomeMy WebLinkAboutTract Map 17662 (Brightwater - Final Phase) NOTICE OF COMPLIANCE WITH CONDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO CITY CLERK DATE I
FROM COMMUNITY DEVELOPMENT DEPARTMENT
TRACT NO k-1&(109-
PARCEL MAP NO
PARK AND RECREATION FEES PAID P(YES $ ❑NO
DEVELOPER LA VIA W W.V-_
for
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Scott ess
Director of Community Development
------------------------------------------------------------------------------------------------------------------------------------------------
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Fg !7 190gP �
Joan L. Flynn, City Clerk
March 9, 2016
First American Title Company
1250 Corona Pointe Courte, Suite 200
Corona, CA 92879
Attention Hugo Tello
(951) 256-5883
Re Order No. NHSC 4500403 (29)—Tract Map No. 17662
Signal Landmark
The City Clerk's Office has prepared Final Tract Map No 117662 to be recorded with
the County Additionally, the enclosed Supplementary Declaration of Covenants,
Conditions and Restrictions and Notice of Annexations need to be recorded concurrently
with the Tract Maps and a recorded copy provided to the City
Please have a copy of the recorded map returned to the Bob Milani, Public Works
Department, City of Huntington Beach, 2000 Main Street, Huntington Beach, California
92648
Joan L Flynn, CMC
City Clerk
J F pe
Enclosure
Received by
Date azq/ (�
Sister Cities Anjo, Japan ♦ Waitakere,New Zealand
g/followup/tract/escrow pick-up doc
�, CITY OF HUNTINGTON BEACH,
PUBLIC WORKS
INTERDEPARTMENTAL COMMUNICATION
TO: Jill Ann Arabe
Associate Planner
FROM: Steve Bogart
Senior Civil Engineer
DATE: February 25, 2016
SUBJECT: Tract Map 17662 (Brightwater—Final Phase)
Presented for forwarding to the City Clerk's office (after City Council approval) are-
1 The approved and signed mylars for Final Tract Map 17662
2 The Authorization to Record which lists the Title Company, Title Officer and his contact
info
If you have any questions, please call me at extension 1692
H1e
CITY OF HUNTINGTON BEACH
INTERDEPARTMENTAL COMMUNICATION
TO: Patty Esparza, Deputy City Clerk
FROM: Steve Bogart, Senior Civil Engineer/
DATE: February 25, 2016
SUBJECT: TRACT MAP 17662
BRIGHTWATER TRACT(FINAL PHASE)
THE ATTACHED ORIGINAL TRACT MAP IS READY FOR RECORDATION.
Please Contact the Title Company listed below and request that they pick-up the attached Tract
Map. At the time of pick-up please forward a copy of this memo and the attached Tract Map and
request that they obtain all necessary County of Orange signatures and record it for their client.
Title Company: First American Title Company
Street Address: 1250 Corona Pointe Court,Suite 201
City, State,and Zip code: Corona,CA 92879
Contact Title Officer: Hugo Tello
Telephone Number: (951)256-5883
Email: htello@firstam.com
Commitment/Order Number: NHSC-4500403 (29)
Client: Ed Mountford
Signal Landmark
Address: 27285 Las Ramblas,Suite 230
Mission Viejo, CA 92691
(949)250-7700
Surveyor: Stantec,James Steines,PLS
38 Technology Drive Suite 100 Irvine CA 92618-5312
Phone: (949)923-6284
Regarding: BRIGHTWATER TRACT (FINAL PHASE)
Upon the City Clerks receipt of the recorded copy of documents, please send a copy of the Tract Map to
all contacts listed below
1 County of Orange
Resources&Development Management Department
300 N Flower Street
Santa Ana, CA 92702-4048
Attn Lily Sandberg, Orange County Surveyor's Office 714-967-0846
2 HB Planning Department Attn Jill Arabe 714-374-5357
3 HB Public Works Department Ann Steve Bogart 714-374-1692
G\Engineering Drvision\DEVELOPMENT\Maps and LLAs\City Clerk Memo's\TM 17662 memo to City Clerk(Bnghtwater)2-26-16 docx
RECORDING REQUESTED BY
WHEN RECORDED RETURN TO
PALMIERI, TYLER, WIENER,
WILHELM &WALDRON LLP (SAS)
1900 Main Street
Suite 700
Irvine, CA 92614
Lots 66, 67, 68 of Tract No 17034
and Lots 4-7 of Tract No 17662
SUPPLEMENTARY DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS AND
NOTICE OF ANNEXATION
FOR
BRIGHTWATER COMMUNITY CENTER ASSOCIATION
(Azurene-Built-out Phase)
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND NOTICE OF ANNEXATION FOR BRIGHTWATER COMMUNITY CENTER
ASSOCIATION ("Supplementary Declaration") is made this Ao day of , 2016 ,
by SIGNAL LANDMARK, a California corporation, successor by merger to Signal Bolsa Corporation, a
California corporation, its successors and assigns (the "Declarant"), with reference to the following facts
and circumstances
RECITALS
A Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for
Brightwater Community Center Association, recorded June 25, 2013 as Instrument No 2013000383948,
in Official Records of Orange County, California, and amendments thereto (the "BRICCA Declaration"),
covering the real property in the City of Huntington Beach, County of Orange, State of California,
described as Parcel 1 of Lot Line Adjustment No 2012 - 016 recorded October 16, 2012 as Instrument
No 2012000629938 of Official Records, of Orange County, California (the"Properties")
B The Article of the BRICCA Declaration entitled "ANNEXATION' provides that Declarant
may annex the Annexable Area as set forth in Section 5 of said Article to the Properties and thereby
make such additional real property subject to the covenants, conditions, terms, easements, reservations,
restrictions, dedications, rights, benefits and burdens of the BRICCA Declaration
C Declarant is the owner of the real property in the City of Huntington Beach, County of Orange, State
of California, described as Lots 66, 67 and 68 of Tract No 17034 as shown on a Map recorded in Book
890, Pages 31 through 41, Lots 4 through 7 of Tract No 17662, as shown on a Map recorded in Book
_, Pages _, both as recorded in Miscellaneous Maps, Records of Orange County, California (the
"Annexed Property"), which real property is a portion of the property described as Annexable Area in the
BRICCA Declaration
D Declarant now desires to annex the Annexed Property to the Properties and thereby
make the Annexed Property subject to the terms, conditions, covenants, and restrictions of the BRICCA
Declaration
APPROVED AS TO FORM
r
1 � I
1653394 1\31512-009 13y: ✓�
Michael Gates,City Attorney
NOW, THEREFORE, Declarant hereby declares as follows
I
ANNEXATION
Section 1 Annexation Pursuant to the terms of the BRICCA Declaration, Declarant, as the
owner of the Annexed Property, declares that the Annexed Property shall be annexed and made a part of
the Properties and subject to the covenants, conditions, easements, reservations, restrictions, terms,
dedications, rights, benefits and burdens as contained in the BRICCA Declaration, provided, however, the
powers, duties, obligations and other covenants, conditions and restrictions as set forth in the BRICCA
Declaration or in this Supplementary Declaration shall not commence as to the Annexed Property until
the close of the first escrow within the Annexed Property or upon commencement of assessments
pursuant to the provisions of this Supplementary Declaration, whichever first occurs
Section 2 Deannexation Declarant may delete all or a portion of the Annexed Property from
coverage of this Supplementary Declaration and the jurisdiction of the Association, as provided in the
Section of the BRICCA Declaration entitled "Deannexation by Declarant" of the Article entitled
"ANNEXATION"
I I
DEFINITIONS
In addition to the definitions set forth in the BRICCA Declaration, the following shall be applicable
to the Annexed Property
Section 1 Lots Lots 66, 67 and 68 of Tract No 17034 and Lots 4 through 7 of Tract No 17662
of the Annexed Property shall each be a"Lot"as defined in Article I of the BRICCA Declaration
III
EASEMENTS
Section 1 Easements Reserved All easements reserved by Declarant in the BRICCA
Declaration are hereby reserved by Declarant over the Annexed Property, together with the right to grant
and transfer the same as provided in the BRICCA Declaration
IV
ASSESSMENTS
All Assessments provided for in the BRICCA Declaration shall commence as to all Lots within the
Annexed Property (including Assessments on all unsold Lots owned by Declarant) no later than (but
earlier at the discretion of Declarant) the first day of the month following the conveyance by Declarant of
the first Lot within the Annexed Property to an Owner(as defined in the BRICCA Declaration)
V
INCORPORATION OF DECLARATION
All the terms, covenants, conditions, restrictions, easements and other provisions of the BRICCA
Declaration are hereby incorporated by reference and shall be as enforceable and effective against the
Annexed Property as though the BRICCA Declaration had been recorded directly against the Annexed
Property
2
1653394 1\31512-009
IN WITNESS WHEREOF, the Declarant has executed this document on the date first above
written
SIGNAL LANDMARK, a California corporation,
Successor by Merger to Signal Bolsa
Corporation, a California corporation
By t� - -----
Karen Spa grf
Its Authorized Agent
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document
- - - -- State of California - - )
County of Orange )
On March 3,2016 before me, Susan M Alamilla
(insert name and title of the officer)
Notary Public, personally appeared Karen Spargo , who
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 instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct
SUSAN M ALAMILLA
WITN Wyh nd office eal :�" �� Commission # 1974715
Notary Public-California z
Orange County D
Signature My Comm Expires Apr 12,2016
(Seal)
3
1653394 1 \31512-009
RECORDING REQUESTED BY
First American Title Insurance Company
WHEN RECORDED RETURN TO
PALMIERI, TYLER,WIENER,
WILHELM &WALDRON LLP (SAS)
1900 Main Street
Suite 700
Irvine, CA 92614
Lots 66, 67, 68 of Tract 17034
Lots 4-7, G&H of Tract 17662
Lots A&V, Tract 17032&Lots A-E, Tract 17033
SUPPLEMENTARY DECLARATION OF COVENANTS,
CONDITIONS AND RESTRICTIONS AND
NOTICE OF ANNEXATION
FOR
BRIGHTWATER MAINTENANCE CORPORATION
(Azurene-Built-out Phase)
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND NOTICE OF ANNEXATION FOR BRIGHTWATER MAINTENANCE
CORPORATION ("Supplementary Declaration") is made this2Lday of , 2016,
by SIGNAL LANDMARK, a California corporation, successor by merger to Signal Bolsa orporation, a
California corporation, its successors and assigns (the "Declarant"), with reference to the following facts
and circumstances
RECITALS
A Declarant executed that certain Declaration of Covenants, Conditions and Restrictions for
Brightwater Maintenance Corporation, recorded November 6, 2007 as Instrument No 2007000669109,
and re-recorded November 19, 2007 as Instrument No 2007000689206, in Official Records of Orange
County, California, and amendments thereto (the "Declaration"), covering the real property in the City of
Huntington Beach, County of Orange, State of California, described as Lots 21 through 28 and 47 through
51 and Lots J and Z of Tract No 17032 as shown on a map recorded in Book 889, Pages 12 through 23
of Miscellaneous Maps, Records of Orange County, California(the"Properties")
B The Article of the Declaration entitled "ANNEXATION' provides that Declarant may
annex the Annexable Area as set forth in Section 2 of said Article to the Properties and thereby make
such additional real property subject to the covenants, conditions, terms, easements, reservations,
restrictions, dedications, rights, benefits and burdens of the Declaration
C Declarant is the owner of the real property in the City of Huntington Beach, County of
Orange, State of California, described as Lots 66, 67 and 68 of Tract No 17034 as shown on a Map
recorded in Book 890, Pages 31 through 41, Lots 4 through 7 and Lots G and H of Tract No 17662, as
shown on a Map recorded in Book_, Pages_, Lots A and V of Tract No 17032 as shown on a map
recorded in Book 889, Pages 12 through 23, and Lots A through E of Tract No 17033 as shown on a
map recorded in Book 889, Pages 24 through 31, all as recorded in Miscellaneous Maps, Records of
Orange County, California (the "Annexed Property"), which real property is a portion of the property
described as Annexable Area in the Declaration
1
1653396 5131512-009
D Declarant now desires to annex the Annexed Property to the Properties and thereby
make the Annexed Property subject to the terms, conditions, covenants, and restrictions of the
Declaration
NOW, THEREFORE, Declarant hereby declares as follows
I
ANNEXATION
Section 1 Annexation Pursuant to the terms of the Declaration, Declarant, as the owner of the
Annexed Property, declares that the Annexed Property shall be annexed and made a part of the
Properties and subject to the covenants, conditions, easements, reservations, restrictions, terms,
dedications, rights, benefits and burdens as contained in the Declaration, provided, however, the powers,
duties, obligations and other covenants, conditions and restrictions as set forth in the Declaration or in
this Supplementary Declaration shall not commence as to the Annexed Property until the close of the first
escrow within the Annexed Property or upon commencement of assessments pursuant to the provisions
of this Supplementary Declaration, whichever first occurs
Section 2 Deannexation Declarant may delete all or a portion of the Annexed Property from
coverage of this Supplementary Declaration and the jurisdiction of the Association, as provided in the
Section of the Declaration entitled "Deannexation by Declarant"of the Article entitled "ANNEXATION "
11
DEFINITIONS
In addition to the definitions set forth in the Declaration, the following shall be applicable to the
Annexed Property
Section 1 Lots Lots 66, 67 and 68 of Tract No 17034 and Lots 4 through 7 of Tract No 17662
of the Annexed Property shall each be a"Lot"as defined in Article I of the Declaration
Section 2 Common Area Lots G and H of Tract No 17662, Lots A and V of Tract No 17032
and Lots A through E of Tract No 17033 of the Annexed Property are "Common Area" as defined in
Article I of the Declaration
Section 3 BMC Maintenance Areas Exhibit D attached hereto depicts additional "BMC
Maintenance Areas,"as defined in Article I of the Declaration, applicable to the Annexed Property, if any,
and appends Exhibit D attached to the Declaration
Section 4 Community Walls Exhibit D attached hereto depicts the "Community Walls," as
defined in Article I of the Declaration, applicable to the Annexed Property, if any, and appends Exhibit D
attached to the Declaration
Section 5 Fire Lanes Exhibit F attached hereto depicts "Fire Lanes" within the Annexed
Property as such term is defined in Article I of the Declaration and appends Exhibit F to the Declaration
Section 6 Fuel Modification Zone Exhibit G attached to the Declaration depicts the "Fuel
Modification Zone,"as defined in Article I of the Declaration, applicable to the Annexed Property, if any
Section 7 Shared Driveway There are no "Shared Driveways" as defined in Article I of the
Declaration, applicable to the Annexed Property
2
1653396 51 31512-009
Section 8 Sight Distance Corridors Exhibit I attached hereto depicts "Sight Distance
Corridors" within the Annexed Property, as such term is defined in Article I of the Declaration and
appends Exhibit I to the Declaration
III
EASEMENTS
Section 1 Easements Reserved All easements reserved by Declarant in the Declaration are
hereby reserved by Declarant over the Annexed Property, together with the right to grant and transfer the
same as provided in the Declaration
Section 2 Private Area Easements There are no "Private Area Easements," as defined in
Article XIV of the Declaration, applicable to the Annexed Property
Section 3 Front Area Easements There are no"Front Area Easements," as defined in Article
XIV of the Declaration, applicable to the Annexed Property
Section 4 Cross Lot Drainage Easements There are no"Drainage Easements,"as defined in
Article XIV of the Declaration, applicable to the Annexed Property
Section 5 Party Walls and Fences Walls constructed on the property lines between the
Annexed Property and the adjoining community commonly known as"Sandover" shall be considered
"party walls" as described in Section 8 of Article XII I of the Declaration
Section 6 Other Easements Other easements affecting the Annexed Property have been
recorded including, but not limited to, that certain instrument entitled "Special Utility Easement
Agreement" in favor of the City of Huntington Beach, for maintenance and control of the area within the
public water pipeline easement located in the Common Area streets, which addresses repair to any
enhanced pavement, etc , if the public water pipelines and/or appurtenances require repair or
maintenance, and further indicates that the property owner (i a the Association) shall be responsible for
repair and replacement of any enhanced paving due to work performed by the City in the maintenance
and repair of any water pipeline
IV
ASSESSMENTS
All Assessments provided for in the Declaration shall commence as to all Lots within the Annexed
Property (including Assessments on all unsold Lots owned by Declarant) no later than (but earlier at the
discretion of Declarant) the first day of the month following the conveyance by Declarant of the first Lot
within the Annexed Property to an Owner(as defined in the Declaration)
V
INCORPORATION OF DECLARATION
All the terms, covenants, conditions, restrictions, easements and other provisions of the
Declaration are hereby incorporated by reference and shall be as enforceable and effective against the
Annexed Property as though the Declaration had been recorded directly against the Annexed Property
3
1653396 51 31512-009
IN WITNESS WHEREOF,/the Declarant has executed this document on the date first above
written
SIGNAL LANDMARK, a California corporation,
Successor by Merger to Signal Bolsa
Corporation, a California corporation
By
Karen Spargo
Its Authorized Agent
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document
State of California )
County of Oraan�ng��e,(-,�In �} l,)
On Rb I V1��1 0�� �`�before me, --'�Susan M Alamilla
(insert name and title of the officer)
Notary Public, personally appeared Karen S ar o who
proved to me on the basis of satisfactory evidence to be the person ) whose name(4) are subscribed
to the within Instrument and acknowledge
to me that h /#htsy executed the same in hit19ejYftw
authorized capacity(46sj, and that by hit /their signature on the instrument the person or the
entity upon behalf of which the person�K acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
SUSAN M ALAMILLA
WITNESS my d and I seal '��: Commission # 1974715
Notary Public CaliforniaZ c'_`% Y Orange County
a My Comm Expires Apr 12,2016
Signature
(Seal)
4
1653396 5131512-009
EXHIBIT"D"
BMC MAINTENANCE AREAS
(The BMC Maintenance Areas as depicted in this Exhibit are not necessarily drawn to scale and shall be
governed by fencing or other boundaries as may be imposed in the field )
(Any drawings representing areas other than BMC Maintenance Areas within the Annexed Property are
contained herein for informational purposes only and shall not be binding as to any representation of
product type, location of building, grading, BMC maintenance responsibilities or scale)
See Attached
1653396 51 31512-009
' I
-- 4 SAnOVER ;� { I LEGEND
N.A.P. j
_L__—_ _ _ I , -- —- -- I , ® COMMON AREA LANDSCAPED LETTERED LOTS TO BE DEEDED
G — - { j , I TO BMC
,
-- , 66 1 --p-_ R+; I , ` -—-- I I TRACT 17662 BOUNDARY
COMMUNITY BOUNDARY BETWEEN SANDOVER AND BRIGHTWATER
67 + r +, i r j , NOTE. ALL STREETS AND COMMUNITY SIDEWALKS WITHIN THE BRIGHTWATER
_ _ j I I I COMMUNITY WILL BE MAINTAINED BY THE BRIGHTWATER MAINTENANCE
II CORPORATION (BMC) INCLUDES LOT A OF TRACT 17032, A TO E
6 _ _/ OF TRACT 170M AND H OF TRACT 17662
-- - --- — i r i t -
68 -
s�j
7
7R. 17034 ------�I$ w ' q
-- I _r-• I I I �,
� ' Q
U
,
ASFMLLE DR '-- - - - ; V, TRACT 17032
34
,
,
0 25 50
BRIGHTWATER DR
BRIGHTWATER BMC Maintenance Areaa
0 2016_01_28
0 50 100
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rM _ _ _ SH_ELBURNE DR. - _ / LEGEND
immix-- ■ �� `■ "r + TRACT 17662 BOUNDARY
i
' 4 I '� SANDOVER ' i I f ® COMMUNITY BOUNDARY BETWEEN SANDOVER AND BRIGHTWATER
' N.A.P. ' I ® SPLIT FACE BLOCK WALL
_ L__-_ _� ___ _ _ ��
■■■■■■■■ TUBULAR FENCE ATOP PONY WALL
66 1 "—'' EMERGENCY VEHICLE ACCESS WITH GATE
J` NOTE. ALL STREETS AND COMMUNITY SIDEWALKS WITHIN THE
BRIGHTWATER COMMUNITY WILL BE MAINTAINED BY THE
_ 67 BRIGHTWATER MAINTENANCE CORPORATION (BMC)
'- - - --I --- - - -� i _----__---_ i,
s ; - --- - -
68
1 I
TR. 17034 , __ ___ '
+ W
3 I U
` --- - - --
I �. \ i m
- — - -i ASHVILLE DR - -
7-
EdM
�r
BRIGHTWATERaC Maintenane Areas - Was ad Fance 2016-01-29
0 50 100
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EXHIBIT"F"
DEPICTION OF FIRE LANES - NO PARKING AREAS
(The Fire Lanes — No Parking Areas as depicted in this Exhibit are not necessarily drawn to scale and
shall be governed conditions as may be imposed in the field)
(Any drawings representing areas other than Fire Lanes within the Annexed Property are contained
herein for informational purposes only and shall not be binding as to any representation of product type,
location of budding, grading, BMC maintenance responsibilities or scale)
1653396 51 31512-009
rr I i
I I '
--; 4 �';�, SANDOVER
----- -- � il N.A.P. 1�--- --- '
--� c -
66
---- -- - - --I I u5_. .__
Ifit
- ---; 67
68 I I- -
' I - '
TR. 17034 I I __— °I' i w
- -- LEGEND
ADDITIONAL NO PARKING AREAS
_- —- - -- i I 2 `� ® WITHIN BRIGHTWATER
I O
U 0
TRACT 17662 BOUNDARY
I Cai COMMUNITY BOUNDARY BETWEEN SANDOVER
AND BRIGHTWATTR COMMUNITIES
N �A,
I-MLLE DR
I
I
- BRIGHTW_ATER DRE*M I .F,
BRIGHTWATER Dep bbn of Frre Lanes CNo Parking' Areas)
19 0 50 100 2016-01-29
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EXHIBIT"I"
SIGHT DISTANCE CORRIDORS
1653396 51 31512-009
-L------ I Iim-t 1111Lu-
4 SANDOVER Qlgn r- _NA.P. ---- _ Lr-
-= - I
I �
66
-- - -- -� 5
lit
67 ' i t i i I , /�T r
EXHIBIT AREA
- - --- --- 6
I I ---- --- - I- - KEYMAP
68 �I' I It �-.-
I t l
' I
ru
TR. 17034 i __-__ ^� w
J 11 4-1
=' LEGEND
-I ADDITIONAL SIGHT DISTANCE CORRIDOR
__ J AFFECTING THIS PHASE
mi 0 SIGHT DISTANCE LINE
H --�- -_�
LOT NUMBER/LETTER
'I
- --- ASFMLLE DR i`------- TRACT 17662 BOUNDARY
COMMUNITY BOUNDARY BETWEEN SANDOVER AND
j BRIGHTWATER COMMUNITIES
1 '�-_ ---- ----- --- BRIGHTWATER DR ExW T
-A, TRACT 17032 --1- `�j� ht E*tance Coffidom
B R I G H T W A T E R (Redrtted Use Areae) for Tract No. 17662
29
0 50 100 2016-01-
DRAWING v\projects\2042341410\drawing\exhibit files\341410c—ex7ll2dwg PLOTTED 1/29/2016 435 PM BY Ito, Vicky
RECORDING REQUESTED BY
First American Title Insurance Company
WHEN RECORDED RETURN TO
PALMIERI, TYLER, WIENER,
WILHELM&WALDRON LLP (SAS)
1900 Main Street
Suite 700
Irvine, CA 92614
Phase 3
SUPPLEMENTARY DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
AND NOTICE OF ANNEXATION FOR
SANDOVER COMMUNITY ASSOCIATION
THIS SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS AND NOTICE OF ANNEXATION FOR SANDOVER COMMUNITY ASSOCIATION
("Supplementary Declaration") is made this 2te day of 'FebAJ)a j 2016 by SIGNAL
LANDMARK, a California corporation (the"Declarant")with the following facts and circumstances
RECITALS
A The Declarant executed a Declaration of Covenants, Conditions and Restrictions for
Sandover Community Association which was recorded on September 11, 2000 as Instrument No
20000471428, Official Records of Orange County, California(the"Declaration")covering real property in
the City of Huntington Beach, County of Orange, State of California, described as Lots 5 through 9, 12
through 14 and nonexclusive easements for ingress, egress and maintenance purposes over Lots F and
G of Tract No 15734, as per map recorded in Book 797, Pages 40 through 42 of Miscellaneous Maps,
Records of Orange County, California ("Phase 1 of the Properties"),
B The Declaration in Article XV provides that Declarant may annex the real property as
described in Section 2 of said Article XV of the Declaration to Phase 1 of the Properties and thereby
make such additional property subject to the Declaration and subject to the jurisdiction of the Association
as defined in the Declaration
C Declarant is the owner of the real property in the City of Huntington Beach, County of
Orange, State of California, described as Lots 1 through 3 and Lots A through F of Tract No 17662, as
per map recorded in Book_, Pages_through_ and Lot A of Tract No 15734, as per map recorded
in Book 797, Pages 40 through 42 of Miscellaneous Maps, Records of Orange County, California(the
"Added Territory'),which real property is a portion of the property described in Section 2 of Article XV of
the Declaration Declarant now desires to annex the Added Territory to Phase 1 of the Properties and
thereby make the Added Territory subject to the terms, conditions, covenants and restrictions of the
Declaration
NOW, THEREFORE, Declarant hereby declares as follows
17097814\31512-003
I
ANNEXATION
Section 1 Annexation Pursuant to the terms of the Article of the Declaration entitled
"ANNEXATION," Declarant, as the owner of the Added Territory, declares that the Added Territory shall
be annexed and made a part of Phase 1 of the Properties In accordance with the provisions of the
Declaration as set forth in the Section of the Declaration entitled "Effective Date of Annexation," of the
Article entitled "ANNEXATION,"all of the real property in the Added Territory shall be subject to the
functions, powers and jurisdiction of the Association as described in the Declaration, and shall be held,
sold and conveyed subject to the easements, restrictions, covenants and conditions of the Declaration
Section 2 Deannexation Declarant may delete all or a portion of the Added Territory from
coverage of this Supplementary Declaration and the jurisdiction of the Association, as provided in the
Section of the Declaration entitled "Deannexation by Declarant" of the Article entitled "ANNEXATION "
11
DEFINITIONS
Section 1 Lots Lots 1 through 3 of the Added Territory shall each be a"Lot"as defined in
Article I, Section 19 of the Declaration
Section 2 Common Area Lots A through F of Tract No 17662 and Lot A of Tract No
15734 of the Added Territory shall be"Common Area"as such term is defined in Article I, Section 11 of
the Declaration and as further depicted on Exhibit D to this Supplementary Declaration
Section 3 Fire Lanes Exhibit C attached hereto depicts"Fire Lanes"within the Added
Territory as such term is defined in Article I, Section 17 of the Declaration and hereby supersedes Exhibit
C to the Declaration
III
EASEMENTS
Section 1 Reserved Easements All easements reserved by Declarant in the Declaration
are hereby reserved by Declarant over the Added Territory, together with the right to grant and transfer
the same as provided in the Declaration
Section 2 Fire Access Gates Walls that the fire access gate on Lot F connects to shall be
limited to 42 inches high within the required front yard of the abutting residential Lots and shall comply
with the required 25-foot visibility triangle The fire lane gates located on Lots E and F and must be
compliant with City specifications, including openable width and knox access No alterations shall be
made to these fire access areas and gates without prior approval from the City Fire Department
Section 3 Party Walls and Fences Walls constructed on the property Imes between the
Added Territory and the adjoining community commonly known as"Brightwater" shall be considered
"party walls"as described in Section 6 of Article XIV of the Declaration
Section 3 Other Easements Other easements affecting the Added Territory have been
recorded including, but not limited to, that certain instrument entitled"Special Utility Easement
Agreement" in favor of the City of Huntington Beach, for maintenance and control of the area within the
public water pipeline easement located in the Common Area streets, which addresses repair to any
enhanced pavement, etc , if the public water pipelines and/or appurtenances require repair or
maintenance, and further indicates that the property owner(i a the Association) shall be responsible for
repair and replacement of any enhanced paving due to work performed by the City in the maintenance
and repair of any water pipeline
2
17097814\31512-003
IV
ASSESSMENTS
All assessments provided for In the Declaration shall commence as to all Lots within the Annexed
Territory(Including assessments on all unsold Lots owned by Declarant) on the first day of the month
following the conveyance by Declarant of the first Lot within the Annexed Territory to an Owner(as
defined In the Declaration) or earlier at the discretion of Declarant
V
INCORPORATION OF DECLARATION
All the terms, covenants, conditions, restrictions, easements and other provisions of the
Declaration are hereby Incorporated by reference and shall be as enforceable and effective against the
Added Territory as though the Declaration had been recorded directly against the Added Territory
IN WITNESS WHEREOF, the Declarant has executed this document on the date first above
written
SIGNAL LANDMARK,
a California corporation
BY
aren Sparg
Its Authorized Agent
3
17097814\31512-003
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document
State of California )
County of Orange �� )
On �Y, before me, Susan M Alamllla
(Insert name and title of the officer)
Notary Public, personally appeared Karen S ar o , who
proved to me on the basis of satisfactory evidence to be th ono whose nameK i are bscribed
to the within instrument and acknowledge o me that s e xecuted the same in his ei t12tr
authorized capacity(, and that by Its a tk&signature on the instrument the person, or the
entity upon behalf of which the person acted, executed the instrument
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and fficial seal SUSAN M ALAMILLA
Commission # 1974715 z
a Notary Public-California zz
Z -`. Orange County
Signature z My Comm Expires Apr 12,2016
(Seal)
4
17097814\31512-003
EXHIBIT C
FIRE LANES
17097814\31512-003
-------
----------
-------------------------------------------------------------
---
_ LOS- PATOS AVENUE
- - __— _ _Z ___ —� -— PHASE OF SANDOVER COMMUNITY
p-_�I 1=�__ =--c.T_ __� ;__ — -- - - ----' LOTS 1, 2, 3, A-F
3 LEGEND
E TR ! 17662'
® NO PARKING AREAS
(PORTION) \
_3 t TRACT BOUNDARY (PORTION OF 17662)
_ SHELBURNE DR COMMUNITY BOUNDARY BETWEEN
SANDOVER AND BRIGHTWATER
F M I I I iv
-i --- N.A.P. SANDOVER
B IGHTWATER ( I ---- 2
- -- N.A.P. I �- _ --_-_,
SANDOVER-DR
I I
SANDOVER Depctm of Frye Lane Mo Parkeng Areas)s)0 50 100 2016-01-29
DRAWING v\projects\2042341410\drawing\exhlblt_files\341410c-ex7116dwg PLOTTED 1/29/2016 431 PM BY Ito, Vicky
I
EXHIBIT D
COMMON AREA
17097814\31512-003
�-------------__-_-_-____-__-_-____-_- ____-_- ____-__-_-____ LEGEND
------------------- _____
LOP PATOS AVENUE -
COMMON AREA LETTERED LOTS TO BE DEEDED TO SCA
_ _ _ -
-_ LOT A, TRACT 15734
TRACT BOUNDARY (PORTION OF 17662)
COMMUNITY BOUNDARY BETWEEN SANDOVER AND BRIGHTWATER
, I
® SPLIT FACE BLOCK WALL
3 E I
TR 17662 I ■■■■■■■■ TUBULAR FENCE ATOP PONY WALL
•
I I I I
(PORTION) i % �; EMERGENCY VEHICLE ACCESS WITH GATE
E NOTE. ALL STREETS AND COMMUNITY SIDEWALKS WITHIN THE
SANDOVER COMMUNITY WILL BE MAINTAINED BY THE
W SANDOVER COMMUNITY ASSOCIATION (SCA)
- -_�
N.A.P. F SANDOVER
B IGHTWATER 2 +
i l
-N.A.P-- - ----1,
i
-- - - 1 B
swv
I I I
SANDOVER SCA Mahten ante Areas
a2016_01_29
0 50 100
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