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Home My WebLink AboutBEACHWALK/HUNTINGTON SEACLIFF REQUEST FOR DEDICATION OF STRE , PET I TI ON - ure -We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON z; C SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, anq 7155, City of Huntington Beach ,' County of Orange, State of California, do hereby petition the City Council of the , City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the-, public for ` purposes of vehicular traffic, but by reason of their proximity to or connection N � ' with highways, and that the interests of the undersigned property owners will be best served by application of the, California Vehicle Code to such roads pursuant ��5 to California Vehicle Code Section 21107.7. s61w NAME TRACT LOT# ADDRESS it qq7 -24l-73 oo -3 1 "e CL _ 9003 /o/ ' 5 -4j5"e N-111 W) JY re'-7 0-7 0 )61&' /3 003 -71-173 PETITION �7 We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS Zy /0gAl 4 . c. /NIf 7,/73 o i 3 /Q 7Z / ,%fF•4nvFF <ANE 7'�-73 U 6 2� .W -9,7 3 rjt r _11 34 Ull fl,#Y 3e'Z- 3� szx� 1 l UGC 3� $y10 r �ZyB ?L/Ia 906-3 L y U � ✓.� cJ Y y3 '.. 8 L�F� 38 9 i�1�a z- UJ..c,�,.�: „�.�,•n.�r� �,� PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the Cal.ifornia Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT SLOT# ADDRESS 7 g� � - 1Sa� 3/ - Z�7 s/ 7 4/3/ 19 Z4 Sv ez4l 1-elcz- +-> cld> 3 2 / /9,711 ' 2 Z-1 3y Tom' D D t 5L l ��l t1�a l/ G f-4 too /k- 13 T 2A(R 376 Ael .. 7 7s- CI 7�7 3 PETITION VWe, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON EAC�LIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT_ LOT# ADDRESS w >.>? Y00 3 B � 3oy� 73 -74 � 8�f 8 398 7!v 77 &feW3 /37 ,f4679 �l 7Y7 3 a yI OS/ Clam. ze 1P z '-'Z' $G P47 'tea 5 , �7 24 &2 3 0 Z � Q� �7-q-7 , R,1 YM- y/ 7�7' (91� /M� 3eAc_LI n/. PETITION We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, and. 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the.'City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are .privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application .of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS �7 ova 7ly �rs A-4"L /03 Q "VaGI /ate ' /a- - . V�7 �' � Z � _ ,� �. 4 e �03 3 L( 9 3� f7YA73) 53 470S2 L, ,;« 2 1�i2iL� 0-17 ho I //'� �✓/ v2 Z 4 1773A62 11-3 �r �� • PETITION We, the undersigned-, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS X 1W, -7 is•r 43 % , � ' d� c i � �ti /r3 I Lf-7 3 -7 L/?3 q3 /L7 9 z y-t z 11 ' 07�j �� - Seal -rc' /3/ /r /v v Wry a/ Y (/ 13 /3 y- ��_. 1�4_ /37 -21r.143P 13e J 7/SI'- • PETITION • We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange,. State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAN TRACT LOT# ADDRESSZAIV ; s 3 /-3 U�e VV <17 /46 2zz ! .- 17 A.C11 ,7 / J j �7 3 's i 773 is3 �/ 1r�� 1 1 54 � nC�/ / l/� /6 G %8 00 3 i Ll // /J 9 PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the Cal.ifornia Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS s" 12c e2 eysir- $108o l 5 s 914E 3,36 L A f e 17 2 7 a 9--" k I td 1412A ien 44 a azg ( 7 )y Auf '7 s/s �v 41 ( �38�9 7a�r ;o C � 07 f P E TITI0N We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests -of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS Can r) K_ 040e.S( ,�,Lj y Iq I 'i8 ,-P bic-&e _ v ht r ,?.-C -7,- .'r 4/3.Z. l Q 2Efa 1 cd 1 a--1- S1i6I2.C_CI_ (`_ 3 7 r S,�r31 t._. .a Z o D Y 41)4 CA 203 ir C y_ ,ss �s 2:U � 7rs414 / ( 7 SOzv-7 -2-9Z �D� I UF_x/Tc�cl� gz7 3i PETITION We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, -8248, and -7155, City of Huntington Beach, ' County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the Cal.ifornia Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS ` ji 9S7- Cti� -7,-f?3 17 i , Xlv Z!7 PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners .will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME gTRACT LOT# ADDRESS r W'� f�� Z G 7Lvcr 'Pr Cl,A CL U a .9Lq8 Z�3 4- A4 v Z Z4 tA r z i jr f I PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State. of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NA TRACT LOT# ADDRESS 8 ?S 7 P z a I s- �3 • PETITION We,' the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS 4.1 zlk� W73s r o P E Td T I 0 N We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and-not- generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the Cal.ifornia Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS n PETITION • We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing_ areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS z* SZ�f� �z 33 t - - PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body. find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by -reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT#. ADDRESS AI P -ETITI0N We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find ,and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by .reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code to such roads pursuant to California Vehicle Code Section 21107.7. NA TRACT LOT# ADDRESS z�� 3 .ka/ XC/ 4 i Fnom the duk o6 i ALICIA M. WENTWORTH CITV CLERK 536-5404 lz"el� ,/,�o r ' C'G/� � Gz� • i t Jim CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION yGyr c,p� HUNTINGTON BEACH ./ ay To City Clerk From City Attorney ° c Subject Beachwalk/Huntington Seacliff Date June 18 , 1980 G'd Confirming our conversation, it is our opinion that the petition and notice referred to in Vehicle Code §21107 . 7 refers only to the owner of the road, i. e. , 'owners of any such privately owned and maintained road. " In this case the sole owner is the Beachwalk Homeowner' s Association, a corporation. It owns the common area, which includes the road. The Vehicle Code does not require notifying each member of the corporation. Therefore, we s ould have a resolution of the Board of Directors reque ting city action to apply the provisions of Section 21107 . to the private roads in the development and consenting to the public hearing on July 8 , 1980. We also should be provided with a copy of their CC & R' s and Articles of Incorporation to review. The corporation should also be given ten (10) days notice of the public hearing. GAIL HUTTON City Attorney 4 By ROBERT C . SANGSTER Acting City Attorney RCS : lm cc : City Administrator Development Services Director RESOLUTION N0. 4938 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING PRIVATELY-OWNED- STREETS IN BEACHWALK/HUNTINGTON SEAC_ LIFF TRACTS SUBJECT TO PROVISIONS OF STATE VEHICLE CODE WHEREAS, . there has been filed With the City of Huntington . Beach a petition, signed by a majority of owners of the roads in Beachwalk/Huntington Seacliff, Tracts 71551, 1473, 8003, 8224, 8247 and 8248, city of Huntington Beach, County of Orange, State of Calif ornia, requesting this Council to declare the privately- owned streets in such tracts to be subject to provisions of the California Vehicle Code; and Pursuant to California Vehicle Code section 21107.7, public hearing was had before this Council after ten day' s written no- tice duly given to all owners of such roads; and The City Council finds that those streets and roads within such Beach/Huntington Seacliff development, generally located between Palm Avenue on the south, Seventeenth Street on the east, Yorktown Avenue on the north, and Goldenwest Street on the west, are privately-owned and maintained and not generally open to the public for purposes of vehicular travel, but by reason of the proximity to and the connection with highways , the interests of residents residing along such roads and the motoring public will best be served by an application of the provisions of the California Vehicle Code to such roads.; and The Beachwalk Homeowners' Association has agreed to purchase and install the signs required by .California Vehicle Code sec- tion 21107.7 at no expense to the city, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach that .it finds and declares that the . privately-owned and maintained roads in Beachwalk/Huntington CM:ahb 6/26/80 1. Seacliff, Tracts 7155 , 7473, 8003, 8224, 8247, and 8248, namely those streets and roads located within the Beachwalk/Huntington S eacliff development, are hereby subject to application of the provisions of the California Vehicle Code . PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 17th day of November 1980. Mayor �T I I ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: i City Admin s ator I I i I F i I 2. I 1 No: 49 38 s'rAIE OF CALIFORNIA ) COUNTY OF ORANGE CITY OF HUNTINGTON BEACH ) I, ALICIA H. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council. of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foreg3ing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 17th day of November 1980 by the following vote: AYES: Councilmen: Thomas, Finley, Bailey, Kelly NOES: Councilmen: Pattinson, MacAllister, Mandic ABSENT: Councilmen: None Z/ • ate%/ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California P NOTICE OF PUBLIC HEARING BEACHWALK/HUNTINGTON SEACLIFF PETITION FOR APPLICATION 0 PRIVATE STREETS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center, Huntington Beach, at the hour of 7:30 P.M. ; or as soon thereafter as possible on Monday the 17th day of November lg 80 for the purpose of considering a petition for application of Section 21107.7 of the State of California Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts 7473, 8003, 8224, 8247, 8248 and 7155 for vehicle violation enforcement by the Police Department. A=1:1 interestgO: persons are invited: to- attend said—hear' and express the thei r opinions for or against sai4 Petition_ -Furth`er i:nforma_tion may be obtained, from :the Office of the City Cl.er_k, 2000 Main Street:, Muntington Beach CaTifornia. 92648 _ (714) 536=5227 DATED= , Nn_upmher 4.. 1`980. CITY OF HUNTINGTON BEACH -By: Alicia X. .Wentwor=th= City Clerk 1J' ,y Huntington o City ' ngton Beach P.O. BOX 190 CALIFORNIA 92648 OFFICE OF THE CITY ADMINISTRATOR November 4 , 1980 Mr. Oliver Roney 19811 Windjammer Lane Huntington Beach, California 92648 Dear Mr . Roney: As we have discussed, the information in my letter of October 28 , 1980 is no longer valid. According to our latest conversations with the City Attorney, there is no need to notify all residents , nor does the Association need to send a letter certifying that notice has been given. The City Clerk has issued the Notice of Public Hearing for the November 17 , 1980 Council meeting . Sincerely, . Jer Chenelle . Admin. Analyst , Sr. JC : lb cc : L.W. Wagoner, Chairman of the Board Beachwalk Homeowners Assn. City Clerk-lo . City Attorney City Administrator Telephone (714) 536-5201 k -- w � a City ®f Huntingt®n Beach iF1 P.O. BOX 190 CALIFORNIA 92648 _ • .�.:-� �.. .." OFFICE OF THE CITY ADMINISTRATOR October 28 , 1980 Mr. Oliver. Roney 19811 Windjammer Lane Huntington Beach, California 92648 Dear Mr. Roney: The purpose of this letter is to affirm our understanding of the procedures to be followed for the new Public hearing to consider the application of Section 21107 . 7 of the State Vehicle Code to all streets within Beachwalk/Huntington Sea- Cliff. Mr. Charles rMatheis , Deputy City Attorney, has advised me that it is not necessary to submit a new petition; the petition previously submitted will suffice. The City Clerk will send you a copy of the Notice of Public Hearing which I understand you will distribute to all residences on behalf of the Beach- walk Homeowners Association. A letter to the City Clerk from the Assn. President and Secretary certifying that notice has been given to all residents will be appreciated. If you have any further questions , please do not hesitate to contact me. Sincerely, Je i Chenelle Administrative Analyst Sr . JC : lb cc : L . W. Wagoner , Chairman of the Board Beachwalk Homeowners Assn . City Clerk City Attorney City Administrator Telephone (714) 536-5201 A RESOLUTION BY THE BOARD OF DIRECTORS BECAHWALK/HUNTINGTON BEACH HOMEOWNERS ASSOCIATION TO: THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA WHEREAS, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION IS THE DULY ELECTED BODY OF REPRESENTATIVES TO MAINTAIN SAFETY AND SECURITY WITHIN AND ON THE PRIVATE STREETS OF BEACHWALK, TRACTS 8003, 8224 , 8247, 8248 AND 7155; AND WHEREAS A CONDITION DOES INDEED EXIST, BECAUSE OF THE CLOSE PROXIMITY OF BEACHWALK TO HIGHLY TRAVELLED PUBLIC STREETS , THE BEACH, AND. THE DOWNTOWN AREA, WHICH TENDS TO ENDANGER LIFE AND PROPERTY WITHIN BEACHWALK; AND WHEREAS, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION IS POWERLESS TO CORRECT AND ABATE THE CONDITIONS EXTANT; AND WHEREAS THE POLICE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH IS POWERLESS TO CORRECT AND ABATE THE CONDITIONS EXTANT; AND WHEREAS, THE BOARD 0 DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION HAS CAUSED TO BE DELIVERED A TEN-DAY PRIOR WRITTEN NOTICE OF THE PUBLIC HEARING TO ALL EFFECTED HOMEOWNERS OF BEACHWALK. THEREFORE, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION HAS CIRCULATED, AND HAS FILED WITH THE CITY CLERK OF HUNTINGTON BEACH, A PETITION SIGNED BY OVER FIFTY PERCENT OF THE REGISTERED HOMEOWNERS REQUESTING THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ENACT AN ORDINANCE OR RESOLUTION AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON AND WITHIN THE PRIVATE STREETS OF BEACHWALK, t IN ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE SECTION 21107. 7. BE IT FURTHER RESOLVED THAT THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION DESIRES THE FOLLOWING (� STATEMENTS OF UNDERSTANDING BE MADE KNOWN TO THE CITY COUNCIL t OF THE CITY OF HUNTINGTON BEACH: A. THERE IS NOT INTENDED NOR DESIRED TO BE ANY DEDICATION OF THE PRIVATE STREETS OF BEACHWALK TO THE CITY OF HUNTINGTON BEACH. B. THE BEACHWALK HOMEOWNERS ASSOCIATION WILL ABSORB ALL - i DIRECT COSTS OF COMPLIANCE WITH THE CALIFORNIA VEHICLE CODE, SECTION 21107. 7 AS RELATES TO SIGN PROCUREMENT AND PLACEMENT. C. IT IS THE DESIRE OF THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION TO WORK CLOSELY WITH THE CITY COUNCIL, THE POLICE DEPARTMENT, AND OTHER INTERESTED DEPARTMENTS OF THE CITY OF HUNTINGTON BEACH. D. THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEONWERS ASSOCIATION WILL CONTINUE TO AGGRESSIVELY PURSUE COMPLIANCE WITH THE COVENANTS, CONDITIONS AND RESTRICTIONS BY HOMEOWNERS, RESIDENTS AND GUESTS.. E. THAT THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION DOES NOT DESIRE,NOR DOES IT EXPECT, ADDITIONAL POLICE PATROLS, NOR DOES IT DESIRE OR EXPECT, ASSISTANCE WITH POSSIBLE PARKING VIOLATIONS. ti 4 • DULY AUTHORIZED AND SIGNED THIS 26th DAY OF JUNE, 1980 . L. W. WAGONER, Chairman of the Board Beachwalk Homeowners Association,Inc. Carol Koelle, Secretary Judy Schaffer, Treasurer Peter J. Scheidt, Member of the Board John Mays, Member of the Board Tom Meehan, Member of the Board Oliver Rondy, Member of the Board CERTIFIED: Carol Koelle Secretary Beachwalk Homeowners Association -1 z. OFFICE OF y�NiIN6 CITY ATTO R N EY y _ P.O.BOX 190 ^ � ^e 2000 MAIN STREET HUNTINGTON BEACH ours CALIFORNIA 92648 GALLH June 20, 1980 (714)536-6555 TELEPHONE City Attorneyorney Mr. Larry Wagoner, Chairman Board of Directors BEACHWALK HOMEOWNER' S ASSOCIATION 19752 Seacliff Lane y n Huntington Beach California 92648Cj $ � Re : Vehicle Code Enforcement Qb h. Dear Mr. Wagoner : � As I indicated during our conversation at the Council meeting on June 16, 1980, the city will need a resolution of the Board of Directors. The .resolution should be certified by the secretary and state that : 1. The association is a corporation and the sole owner of all of the roads within the development . 2 . The association petitions the city to find and declare that the privately owned and maintained streets located within the Beachwalk/Huntington Seacliff development and owned by the association (streets within Tracts. 7473, 8003, 8224 , 8247 , 8248 , and 7155) are not generally held open for use of the public for purposes of vehicular travel, but by reason of their proximity to or connection with highways , the interests of any residents residing along such roads and the motoring public will best be served by application of provisions of the Vehicle Code to such roads . 3. The association consents to holding a hearing on such petition pursuant to Vehicle Code §21107 . 7 on July 8 , 1980, at the City Council Chambers, located at 2000 Main Street , Huntington Beach, California, and waives notice thereof. 4 . The association shall notify its members of such public hearing. 40 Letter to Marry Wagoner June 20, 1980 Re Vehicle Code Enforcement Page two The secretary' s certificate should state that the resolution was duly adopted by the Board of Directors at a meeting, (or adopted by unanimous consent ) , that the resolution is in conformity with the articles of incorporation and bylaws of the corporation, has never been repealed or modified, and is now in .full force and effect . . (Corp. Code §7215) . We would also like to review current copies of your CC&R' s, Articles of Incorporation, and bylaws . Very truly yours, GAIL HUTTON City Attorney �i By ROBERT C . SANG TER Acting City Attorney RCS:lm cc : City Administrator City Clerk Chief of Police 1 J CITY OF HUNTINGTON BEACH 0 E 1.%_1k INTER-DEPARTMENT COMMUNICATION j9" - $,. HUNTINGTON KACH To City Clerk From City Attorney Subject Beachwalk/Huntington Seacliff Date June 18 1980 Confirming our conversation, it is our opinion that the petition and Notice referred to in Vehicle Code §21107 .7 refers only to the owner of the road, i.e. , owners of any such privately Owned and maintained road. " In this case the sole owner is the Beachwalk Homeowner' s Association, a corporation. It owns the common area, which includes the road. The Vehicle Code does not require notifying each member of the ,corporation. I q ? Therefore, we , ould have a _resolutYqp of the Board of Directors rpq4 ting city action to apply the provisions of Section 21107..�)I_ to the private roads in the development and consenting t'o the public hearing on July 8, 1980. We also should be Provided with a copy of their CC & R' s. and Article,s of Incorporation to review. TE(;corporation should also be given ten (10) days notice of the public hearing. GAIL HUTTON City Attorney By ROBERT C. SANGSTER Acting City Attorney RCS:lm CC : City Administrator Development Services Director '1 BEACHWALK HOMEOWNER'S ASSOCIATION HUNTINGTON BEACH, CALIFORNIA ' June 16, 1980 Tot Huntington Beach City Council Subjecto Beachwalk Homeowners Petition. Beachwalk Homeowner's Association has enjoyed excellent relationship with- the Huntington Beach City Council, the Huntington Beach Police and Fire Departments and administr- Ative. offices and services. . .Cooperation by all parties has been outstanding in the past. OBJECTIVESs Beachwalk is seeking the. protection 'of and enforcement of the California Vehicle Code. The same pro- tection now afforded perhaps 95% of the citizens of Huntington Beach. 0 We are not .petitioning for something new. The City Council enacted a similar ordinance for Villa Pacific via Resolution No. 3370.• We are not asking for, nor do we want, additional Police patrols or for parking monotoring. The proposed resolution would. have minimal fiscal impact on the. City, but will .have a positive impact on 1560 concerned voters rosiding_in Beachwalk. The Hunting�n Beach Police Department DOES NOW respond. in a very timely manner, but. the patrolmen are frustrated when they arrive. . .they are unable to do their job of enforcing the California Vehicle Code. By virtue of the power and authority in the Beachwalk C.C.&' R's (Covenants, . Conditions and Restrictions), we can and do actively monitor apparent violations by. Homeowners and Beachwalk residents, BUT are powerless to protect lives and property from outside disturbing. influences caused by violators of the California Vehicle Code. (1\ T BEACHnWALK OMEOWNER'S ASS 'N. L. W.W on r Cairman aro 1 koellje, ecre Fary udy S af rqWure Z Mays., em er; Pet a t, ' Me er om Meehan, Member ver Roney,Membe? REQUEST FOR CITY COUNCIL ACTION RCA 80-48 Submitted by —Floyd G . Bel s i to Department Administration Date Prepared June 9 , 1980 Backup Material Attached X Yes a No Subject VEHICLE CODE ENFORCEMENT IN BEACHWALK City Administrator's Comments A tl lei Iry Approve as Recommended C� 4 Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: /1 STATEMENT OF ISSUE : An informal petition requesting application of the California Vehicle Code to the privately owned streets in Beachwalk/Huntington Seacliff has been received . RECOMMENDATION : Deny the request . ANALYSIS : The Police Department believes that present manpower limitations preclude taking on the additional burden of patrolling private property areas . Additional patrol requirements will result in a reduced level ,of service to the balance of the community . FUNDING SOURCE : No funds are necessary if the request is denied . ALTERNATIVE : Approve the request . PIO 3l78 BEACHWALK HOMEOWNER'S ASSOCIATION HUNTINGTON BEACH, CALIFORNIA June 16, 1980 To: Huntington Beach City Council Subject: Beachwalk Homeowners Petition. Beachwalk Homeowner's. Association has enjoyed excellent relationship with the Huntington Beach City Council, the Huntington Beach Police and Fire Departments and administr- ative offices and services. Cooperation by all parties has been outstanding in the past. OBJECTIVESs Beachwalk is seeking the protection of and enforcement of the California Vehicle Code. The same pro- tection now afforded perhaps 95% of the citizens of Huntington Beach, We are not petitioning for something new. The City Council enacted a similar ordinance for Villa Pacific via Resolution No. 3370. We are not asking for, nor do we want, additional Police . , patrols or for parking monotoring. The proposed resolution would have minimal fiscal impact on the City, but will have. a positive impact on 1500 , concerned voters residing in Beachwalk. The Huntingbn Beach Police Department DOES NOW respond in a very timely manner, but the patrolmen are frustrated when they arrive. . .they are unable to do their job of enforcing the California Vehicle Code. By virtue of the power and authority in the Beachwalk C.C.&' R's (Covenants, Conditions .and Restrictions) , we can and do actively monitor apparent violations by Homeowners and Beachwalk residents, BUT are powerless to protect lives and property from outside disturbing influences caused by violators of the California Vehicle Code. BEACH(W�ALK OMEOWNER'S ASS'N. L. W.W on r C�a rman Carol oe a,, ecre awry udy S a r urer Mays, Mem er:: ` Me ber om Meehan, Member ver Roney.,Member" A RESOLUTION BY THE BOARD OF DIRECTORS BEACHWALK/HUNTINGTON BEACH HOMEOWNERS ASSOCIATION TO: THE CITY COUNCIL, CITY OF HUNTINGTON BEACH, CALIFORNIA WHEREAS, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION IS THE DULY ELECTED BODY OF REPRESENTATIVES TO MAINTAIN SAFETY AND SECURITY WITHIN AND ON THE PRIVATE STREETS OF BEACHWALK, TRACTS 8003, 8224 , 8247, 8248 AND 7155; AND WHEREAS A CONDITION DOES INDEED EXIST, BECAUSE OF THE CLOSE PROXIMITY OF BEACHWALK TO HIGHLY TRAVELLED PUBLIC STREETS, THE BEACH, AND THE DOWNTOWN AREA, WHICH TENDS TO ENDANGER LIFE AND PROPERTY WITHIN BEACHWALK; AND WHEREAS, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION IS POWERLESS TO CORRECT AND ABATE THE CONDITIONS EXTANT; AND WHEREAS THE POLICE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH IS POWERLESS TO CORRECT AND ABATE THE CONDITIONS EXTANT; AND WHEREAS, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION HAS CAUSED TO BE DELIVERED A TEN-DAY PRIOR WRITTEN NOTICE OF THE PUBLIC HEARING TO ALL AFFECTED HOMEOWNERS OF BEACHWALK. THEREFORE, THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION HAS CIRCULATED, AND HAS FILED WITH THE CITY CLERK OF HUNTINGTON BEACH, A PETITION SIGNED BY OVER FIFTY PERCENT OF THE REGISTERED HOMEOWNERS REQUESTING THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ENACT AN ORDINANCE OR RESOLUTION AUTHORIZING THE ENFORCEMENT OF THE CALIFORNIA VEHICLE CODE ON AND WITHIN THE PRIVATE STREETS OF BEACHWALK, r f C IN ACCORDANCE WITH THE CALIFORNIA VEHICLE CODE SECTION f 21107. 7. BE IT FURTHER RESOLVED THAT THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION DESIRES THE FOLLOWING I STATEMENTS OF UNDERSTANDING BE MADE KNOWN TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH: A. THERE IS NOT INTENDED NOR DESIRED TO BE ANY DEDICATION OF THE PRIVATE STREETS OF BEACHWALK TO THE CITY OF HUNTINGTON BEACH. B. THE BEACHWALK HOMEOWNERS ASSOCIATION WILL ABSORB ALL DIRECT COSTS OF COMPLIANCE WITH THE CALIFORNIA VEHICLE CODE, SECTION 21107. 7 AS RELATES TO SIGN PROCUREMENT AND PLACEMENT. C. IT IS THE DESIRE OF THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION TO WORK CLOSELY WITH THE CITY COUNCIL, THE POLICE DEPARTMENT, AND OTHER INTERESTED DEPARTMENTS OF THE CITY OF HUNTINGTON BEACH. D. THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWWERS ASSOCIATION WILL CONTINUE TO AGGRESSIVELY PURSUE COMPLIANCE WITH THE COVENANTS, CONDITIONS AND RESTRICTIONS BY HOMEOWNERS, RESIDENTS AND GUESTS. E. THAT THE BOARD OF DIRECTORS OF THE BEACHWALK HOMEOWNERS ASSOCIATION DOES NOT DESIRE,NOR DOES IT EXPECT, ADDITIONAL POLICE PATROLS, NOR DOES IT DESIRE OR EXPECT, ASSISTANCE WITH POSSIBLE PARKING VIOLATIONS. DULY AUTHORIZED AND SIGNED THIS 26th DAY OF JUNE, 1980 . �• VV • W L. W. WAGON R,- Chairman of the Board Beachwalk Homeowners Association, Inc. Carol Koelle, ecretary J d r, Trea er 1 k/,111,4M P/0�4eI^ Member of the Board J Mays , Member CK e Board T m Meehan, Me er o the Board Oliver Rondy, Member of the and CERTIFIED: Carol Koelle Secretary Beachwalk Homeowners Association MINUTES REQUEST FOR VEHICLE CODE ENFORCEMENT BY THE BEACHWALK HOMEOWNERS ' ASSOCIATION JUNE 25 , 1980 Attendance : Jeri Chenelle , City Administrator ' s Office Charles Matheis , City Attorney ' s Office Lt. Barry Price , Police Department Sgt. Dave Miller, Police Department Oliver Roney , Beachwalk Homeowners Assn . Carol Koelle , Beachwalk Homeowners Assn . Peter Scheidt , Beachwalk Homeowners Assn . At Council ' s request , this group met to discuss the Association ' s request for vehicle code enforcement . Mr. Matheis discussed the legal requirements and the form the necessary resolution of the Board of Directors should take . Ms . Koelle stated the resolution would be given to the City Clerk by Friday, June 27 , 1980 . Lt . Price reviewed the wording proposed for signs in the development , for which the Association stated they would bear the entire cost of purchase and installation . Lt . Price discussed the large number of developments to which Council could extend vehicle code enforcement , and explained the reason the Police Department had recommended denial of the Association ' s request was because of the diversion of manpower which would occur. Ms . Chenelle stated the City Administrator shared the concerns of the Police Department , and these concerns would be further expressed by staff to the Council . Mr . Roney , Ms . Koelle and Mr. Scheidt agreed to give each unit in Beachwalk ten days notice on behalf of the City so that the City would not need to perform that task . The procedure was discussed and Mr. Matheis stated there would be no conflict with state law if the Association handled this task . The procedure for putting this item on the agenda was discussed further , and the meeting was then adjourned. rr7 I l:v L:(Y J,i' -�ic!x�•� puw V.:'L_ L4' 17�L�.�['W�i„51�:I�a,.� 6r�3'i1 V1 �Ji<.�o Fri�iaN�ul t '�_ ►/V) INTER DEPARThicNT. COMMUNICATION T° Bud Belsito, City Administrator From Connie Brockway, Deputy City Clerk Informal Petition From Beachwalk/ cote 5/28/80 Huntington Seacliff - Attached is a copy of an 'informal petition submitted by Dr. Elvera Cravagan 960=3392) ' regarding their request for application of CVC 21107. 7 to thoi r streets. I informed firs. Cravagan that this item would probably appear on the 6/16/80 Agenda . She requested that 'r. Larry wagoner, Chairman of Beachwalk Assn. be called if there were questions (536-0872) cc: Chief Robitaille Paul Cook ON xc: Copt. Ehstror.: Y it t City of Huntington Beach " P.O. BOX 190 CALIFORNIA 62648 OFFICE OF THE CITY CLERK June 10, 1980 Vera Cravagan 7306 Pierpo.int Urive Huntington Beach, CA. 92648 We wish to inform you that the City Council of -the City of. Huntington Beach at their regular meeting held June 16, 1980, at 7:30 P.M. .in the Council Chambers, 2000 Main Street, Huntington Beach, will be consider- ing your petition .for application of California Vehicle Code Section 21107.7 on privately owned streets in Beachwalk/Huntington Seacliff. If you have any questions, please call our office at 536-5405. Alicia M. Wentworth City Clerk AMW:bt ,f J� City of Huntington Beach P.O. Box 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK July 10, 1980 Beachwalk' Homeowners' Association . 19752 Seacliff Lane Huntington Beach, CA 92648 Attn: Larry Wagoner, Chairman The City Council of the City of Huntington Beach at its regular adjourned meeting held Tuesday, July 8, 1980, by a tie vote, re- jected your petition. for application of Section 21107.7 of the State of California Vehicle Code to all streets within Beachwalk/ Huntington Seacliff. If you have any questions, please call this office - 536-5227. Alicia M. Wentworth City Clerk AMW cb i To Jim Palin, Development Services Date6/17/80 i Di rector IS "" The City-Council directed at its 6/16 meeting that ", a public -hearing be scheduled for 7/8/80 on the JJ I peatiti-on from Reachwalk/Huntington Seacliff for . . i application of CVC Section 21107.7 to their NKIVIINXXX S#r ets- J. pTeasP T rnyidP ug with a list of AP's for th property/ nWnerS aS they must he nn tifiEd 'purtuant- to the attached CVC Section. t� DUPIIC/ATE Signed { f; Date Signed Redi I'm } 4S 465 SEND PARTS 1 AND 3 WITH CARBONS INTACT. Poly Pak 150 sets)0465 PART 3 WILL BE RETURNED WITH REPLY. Div. 11 —.295--- j21 ION Pdvate Roads Not Open llw Public Use e 21107.7, (a) Any city or county may, b ordinance or resolution. find and declare that there are privately owned and maintained roads.as described in said f` ordinance or resolution within the city or county that are not generally held open for use of the public for purposes of vehicular travel but by reason of their To to or connection with highways the interests of any residents residing along such roads and the motoring public will best be served by application of provisions of this code to such roads. No such Or or resolution shall be enacted unless there is first filed with the city or county a petition requesting such by a majority of the owners of any such privately owned and maintained road and without a public hearing thereon and 10 days'prior written notice to all owners of such road. Upon enactment of such ordinance or resolution,the provisions of this code shall apply to any such privately owned and maintained road provided appropriate signs are erected at the entrance to the road of such size,shape and color as to be readily legible during daylight hours from a distance of 100 feet,to the effect that the road is subject to such provisions of this code. (b) The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained road subjected to the provisions of this code under this section,except those provisions applicable to nvate property other than by action under this section. Fc) As used in this section "privately owned and maintained roads" includes roads owned and maintained by a city,county or district that are not dedicated to use by the public or are not generally held open for use of the public for purposes of vehicular travel. Added Ch.1914,Stats. 1963.Effective Sept.2D,1963. Amended Ch.1840,Stats. 1965 superseding Ch. 1500,Stats.1965.Effective Sept. 17,1965. Amended Ch. 1043,Stats. 1968.Effective Nov.13,1968. O Div. 11 —295— 2110N fir ft R�vff*No*pow 1b P 66 ll6 0 21107.7. (a) Any city or county may, by ordinance or resolution. find and declare that there are privately owned and maintained roads as described in said ordinance or resolution within the city or county that are not generally held own for use of the public for purposes of vehicular travel but by reason of their proximity to or cenneetion with of the interests of any residents residing along such roads and the motoring public will best be served by application of om of deb code to wch rNo such ordinance or resolution shall be enacted unless there Is first fled with the city or county a petition requesting such by a ioQority of the.owners of any such privately owned and maintained road and . without a public bearing dmeost wad 10 days'prior written notice to all owners of such road.Upon ena&meat of such ordinance or resolution,the provisions of this code"!ball apply to any such privately owned and maintained road provided signs are erected at Me entrance to the road of such size.shape and as to be reidily OW duriat daylight hours from a distance of 100 feet,to the,effect that the road is subject to such provisions of this code. (b) '1be depart�aee�t shall not be required to provide patrol or enforce any provi�doeu of Uds code an any owned and maintained road subjected to die provisions of dds code any those provisions applicable m vale other!hart by action uth�er�section. c) As &iedi6 &b section "privately owned and maintained roads" includes roads owned and maintained by a city,county or district that are not dedicated to use by the or an not generally held open for use of the public for purposes of vehpublic icular travel. Added Cb.1914.Stab.leas.EffWdve Sept sA,IM Aeeet+dad(a IM Stab.ton sear edinj m 130%Stab.1M.Effw ave sept. 17.IM. Amended Qi 200%Stab.tow{ Effeedw Nov. 13.1s88. A To City Attorney - AttPd: R. _Sangsteafe 6/17. 3 Attached is a public hearing notice for the j Reachwalk/Seacliff petition for application of CVC 21107 7 �x to their streets. We have asked the Planning Dept. for AP's of property owners also. - I DUPLICATE Signed i I z Date Signed F. Redif?Im 4S 465 SEND PARTS I AND 3 WITH CARBONS INTACT. Poly Pak(50 sets)4P465 PART 3 WILL BE RETURNED WITH REPLY. IN'I'H I{ Superior Court OF THK STATE OF CA1,1FORNIA In and for the County of Ormige CITY OF HUNTINGTON BEACH+CITY CLERK PROOF OF 1'1II31 ICA'FlON PUblic Hearing-Beachwalk Petition State of California ) NOTICE OF PUBLIC HEARING County of Orange )ss' BEACHWALH/HVNTINGTON . 'SEACI W PETITION FOR Rita J. Richter Az%7TOPRIVATES SECTION NOTICE IS HEREBY GIVEN that a That I am and at all times herein mentioned was a citizen of ppublicun cil'of the City of Huntington.Beach, hearing will be held by the'City Co the United States,over the age of twenty-one years,and that I in the Council Chamber of the Civic Cen; am not a party to, nor interested in the above entitled matter; ter;Huntington Beach;at the hour of7:30 that am the principal clerk of the printer of the P.M.;or as soon thereafter,aspossible on Monday the 17th day of November,19K Huntington Beach Independent Review forthepationurpose'ofections21107petition . for.application of Sections 21 itY7.7 of the State of California Vehicle Code to all streets- within Beachwalk/Huntington' a newspaper of general circulation,published in the City of Seacliff, Tracts,7473,;E1003, 8224, 8247,. _. 8248 and 7155 for vehli le violaton en Huntington Beach forcement by the Police Department All.intereeta d'Persons are invited to, attend said keariug and eapre-m their County of Orange and which newspaper is published for the opinions for or'ngainst said petition:- ` disemination of local news and intelligence of a general charac- Further information may:be obtained from'the Office of.the City Clerk, 2000 ter, and_which newspaper at all times herein mentioned had Main Street.Huntington Beach,Califor-. and still has a bona fide subscription list of paying subscribers, nia92648,(71.4)536-5227. _ and which newspaper has been established, printed and pub- DATED November4,1W. fished at regular intervals in the said Count f O for a CITY OF HUNTINGTON BEACH' g Y o Orange g By:AI,ICIA M:WENTWORTH period, exceeding one year; that the notice, of which the City Clerk , annexed is a printed copy, has been published in the regular Pub,Nov.9,1980 Hunt.Beach Ind.Rev.u10387 and entire issue of said newspaper,and not in any supplement "t thereof,on the following dates,to wit: 1 � November ,q, 1980 I certify for declare) under penalty of perjury that the forego- ing is true and correct. Dated at Garden Grove Cal"for ii a, :th...Ncomewber. ....Is80..... ... ....... ...... ../ ....G.-2 -f ....... Signature t, 1 Fore No GAFF 81380 IN THE i i Superior Curt OF THE 7 a(ti—ffV STATE OF CALIFORNIA In and for the County of Orange 7o 3-_ CITY OF HUNTINGTON BEACH+ CITY CLERK PROOF OF PUBLICATION Public Hearing State of California ) County of Orange )ss. Rita J. Richter PUBLJC NOTICE 1 NOTICE OF PUBLIC HEARING That I am and at all times herein mentioned was a citizen of 1 BEACNWALK/HUNTINGTON the United States,over the age of twenty-one years,and that I SEACLIFF PETITION FOR APPLICATION OF CK am not a party to,nor interested in the above entitled matter; SECTION 21107.7 TO PRIVATE that I am the principal clerk of the printer of the STREM NOTICE IS HEREBY GIVEN that a public hearing will.be held by the"City Counkil of the City of Huntington Beach, ' Huntington Beach Independent Review in the coUncilaha,,,be.of the Civic cen- a newspaper of general circulation,published in the City of ter;Huntingthe Sth d sa soon , possible on Tuesday the 8th day of July,1980,for the'p4po of considerirtiq a'petitio`n£ors' Huntington Beach application o£ Section 1107.7 of the State Of California Vehicle Code to all,! streets' within Beachwalk974untingtou County of Orange and which newspaper is published for the Seacliff. Tracts 747;� &M 8224, 8247, disemination of local news and intelligence of a general charac- 8248 and 715,5 for vehicle violation en- ter, and which newspaper at all times herein mentioned had forcemeat re the Police Department All interested persona are invited w and still has a bona fide subscription list of paying subscribers, attend said hearing and express their and which newspaper has been established, printed and pub- opinions for or,against said petition. lished at regular intervals in the said Count of Orange for a Further information may he obtained g Y g from the Office of.the City Clerk;2000 period exceeding one year; that the notice, of which the Main Street,Huntington Beach,Califor- annexed is a printed copy, has been published in the regular nee92tr48- (7ta)53a-5227. and entire issue of said newspaper,and not in any supplement DATED.June 20,1980.CITY WHUNTINGTON BEACH thereof,on the following dates,to wit: By. ALICIA M.WENTWORTH Olt Clerk ' Pub:June.,1980 June 26, 1980 Hunt.Beach Ind.Rev:tt t0712 I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat................................................ Californ' ,t ". ..26th une day4 . ..... .... .. .i......... r.... ....... Signature f i Form No.CAF-6579 IN THE Superior Court OF THE STATE OF CALIFORNIA In and for the County of Orange CITY OF HUNTINGTON BEACH9 CITY CLERK PROOF OF PUBLICATION Public Hearing State of California ) County of Orange )ss. Rita J. Richter That I am and at all times herein mentioned was a citizen of NOTICE OF PURI,IC HEARING the United States,over the age of twenty-one years,and that I BEACHWALK/HUNTIN_GTON am not a party to,nor interested in the above entitled matter; SEAaAFF • PETITION FOR APPLICATION OF C1'C that I am the principal clerk of the printer of the SECTION'211M7 TO PRIVATE. STREETS' .. NOTICE IS HEREBY.GIVEN thaLa Huntint?ton Beach Independent Review public_ofth.g ity'ofll unti,,b nBeach, Council of the City of Huntington Beech, a newspaper of general circulation,published in the City of igthe Council.Chamber of.the Civic Ceo- ter,Huntington Beach as eoon'as possible on juesday the 8th day.of July,IW"for Huntington Beach the purpose of considering Wpetition for application.of. Section 21107.7 of the County of Orange and which newspaper is published for the State of,California vehicle,Code to,all streets' within Beachwalk/Huhtington disemination of local news and intelligence of a general charac- Seacliff, Tracta,'747a 80ft'8224, 8247, ter, and which newspaper at all times herein mentioned had 8248 and'7155 for vehicle'.violatiwen- and still has a bona fide subscription list of paying subscribers, forcement by the Police Department. All interested persons are imited to and which newspaper has been established, printed and pub- attend said hearing'and express their lished at regular intervals in the said County of Orange for a opinions for or against said petition. :1 period exceeding one year; that the notice, of which the Further information may be obtained. P g Y froim the Office"of the`City Clerk; 2400 annexed is a printed copy, has been published in the regular Main'Street,,Huniington'Beach,Califor- and entire issue of said newspaper,and not in any supplement nia WW,=(714036-5729.,: DATED,June20;7960 • .',`. thereof,on the following dates,to wit: CITY OF HUNTINGTON•BEACH By'ALICIA M.WENT'WORTH City Clerk' June 269 1980 Pub,June 26,1980 Hunt:Bcech:Ind.Rev.�Oi071 .'- I certify (or declare) under penalty of perjury that the forego- ing is true and correct. Garden Grove Datedat...............................qqn............... California,this .........da o�U .. Y�y ...... s/s Rita J. Richter ................................................. Signature c f i Form No.CAF-6579 40 PETITION al Y6 We, the undersigned, being over 51% of the owners of BEACHWALK/HUNTINGtog 'sue SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248, and 7155, City of Huntington Beach. County of Oran o e, State of California, do hereby y g y petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing r areas are privately owned and maintained and not generally open to the public for ~: purposes of vehicular traffic, but by reason of their proximity to or connection with highways,. and that the interests of the undersigned property owners will be best served by application of the California .Vehicle Code to such roads pursuant y,♦�S to California Vehicle Code Section 21107.7. NAME TRACT LOT# . ADDRESS � q17 ,LT. Al +� < L Z31 ' am' �t 15 Al-le 900 3 /U l iIjIlh 7 VY 3 U41". At 4�,, fil AT '7'17� j.�-ram n0 L/i[.i= cG'LAi '�..0 Publish G a NOTICE OF PUBLIC HEARING BEACHWALK/HUNTINGTON SEACLIFF PETITION FOR APPLICATION OF CVC SECTION 21107.7 TO PRIVATE STREETS NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach, in the Council Chamber of the Civic Center Huntington Beach, at the. hour of 7 P.M. , or as soon thereafter as possible on Tuesday the 8th day of July 19.80 . for the purpose of considering a petition for application of Section 21107.7 of the State of California Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts 7473, 80039 8224, 8247, 8248 and 7155-for vehicle violation enforcement by the Police Department.. All interested persons are invited to attend said hearing and express their opinions for or aga nst said , petition. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk 1 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To FLOYD BELSITO From EARLE W. ROBITAILLE City Administrator Chief of Police Subject INFORMAL PETITION FROM Date JUNE 6, 1980 BEACBVALK/HUNTINGTON SEACLIFF RE: DEPUTY CITY CLERK MEMO DATED MAY 28, 1980 The attached memo reflects the feelings of the Traffic Bureau with regard to requests of this nature. Some serious decisions need to be reached on all future requests for approval of private road enforcement where streets are substandard, parking is not in accord with City stipulations, etc. . .especially since the trend seems to be increasing. EIVR/cah Attachments cc: Capt. Ekstrom Lt. Price p - EtE VE D CITY OF HUNTIWITM M !'""r'I 19 CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To FLOYD BELSITO From EARLE W. ROBITAILLE City Administrator Chief of Police Subject INFORMAL PETITION FROM Date JUNE 6, 1980 BEACI-RVALK/I-IUNTINGTON SEACLIFF RE: DEPUTY CITY CLERK MD10 DATED MAY 28, 1980 Present manpower limitations preclude taking on the additional burden of patrolling private property areas. Present patrol time is limited due to current rate of calls for service. Additional patrol requirements at this time will result in a reduced level of service to the balance of the community. EWR/cah cc: Capt. Ekstrom Lt. Price RE00 FOR CITY COUNCI' ;ACTION 5uprnitted by POLICE DEPARTMENT Department Date Prepared , 19_ Backup Material Attached Yes No Subject CALIFORNIA VEHICLE CODE ENFORCEMENT ON PRIVATE STREETS OF THE BEACHWALK PRIVATE DEVELOPMENT. City Administrator's Comments APpRiwED By: Approve. the recommended action. `` elry.CoUNCII. , Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions: STATEMENT OF ISSUE : A request by the Beachwalk Homeowner' s Association for enforcement of the provisions of the California Vehicle Code on their privately owned un- dedicated streets pursuant to authority of Section 21107. 7 (a) CVC. RECOMMENDED ACTION: Deny the requested resolution. . ANALYSIS : At the present time there exists -or is under construction within'.the -.0 ty of Huntington Beach, 74 private development tracts consisting of .approximately 7 ,900 individual units that will house an estimated 18, 000 persons . . Additionally, there are plans for 12 private developments of 500 to 600 units on file with the city in various planning stages . Each of these developments are laced with networks of private , undedicated roadways . Whereas the police department is obligated to provide each of these developments with routine police services , none of them require the police to respond to traffic enforcement problems with the single exception of the Villa Pacific Condominium development. This tract ' s petition .was accepted approximately nine (9) years ago by the city and approved by the police department under a' .different set of budgetary conditions . As the police department's manpower problems and budget limitations developed over the intervening •years it became the policy of the department to routinely disapprove similar requests of other private developments . This policy has been endorsed by the City Administrator and City Councils . A reversal of this policy at this time could conceivably result in a deluge of requests from other privately owned tracts which , at the worst, would be equilivant to the department having to absorb the additional traffic related calls-for-service of an 18 , 000 population community. At best, if only a small percentage of the private developments sought such police service it would result in a diversion of manpower and an obvious reduction io 3t�#e level of services to the community at large. Until such time as budgetary problems are overcome and the council is able to resolve the Police Department 's manpower shortages , it must continue to be the policy of the Police Department to disapprove all such requests from private property owners . ALTERNATIVE : 1. Approve the resolution and appropriate .the necessary funds for increased police personnel. 2 . Approve the resolution and accept a generally reduced level of police service to the community at large. FUNDING SOURCE : Does not apply �r City of Huntington Beach P.O. Box 190 CALIFORNIA 92648 OFFICE OF THE CITY CLERK a'.S. .:�fl(�rFiglFeyt^1t7{s November 4, 1980 Beachwalk Homeowners' Assn. 19752 Seacliff Lane Huntington Beach, CA 92648 Attention: Larry Wagoner, Chairman of the Board Enclosed is a copy of the Notice of Public Hearing to be held by the City Council of the City of Huntington Beach to consider a petition for application of Section 21107.7 of the State of California Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts 7473, 8003, 8224, 8247,. 8248 and 7155 for vehicle violation enforcement by the Police Department. Please contact this office if you have any questions. Alicia M. Wentworth City Clerk AMW:es cc: Oliver Roney, Member John Mays, Vice Chairman Carol Koelle Judith Schaffer William Plotner Tom Meehan City Attorney r °., CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 18, 1980 Beachwalk Homeowners' Association 19762 Seacl.iff Lane Huntington Beach, CA. 92648 Attention: Larry Wagoner, Chairman of the Board Enclosed is a certified copy of Resolution 4938 declaring privately= owned streets in Beachwalk/Huntington Seacliff Tracts. subject +o pro- visions of state vehicle code which was approved by the City Cr-uncil .of the City of Huntington Beach at the regular meeting held MorAay, November 17, 1980. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-535.5227) � _J ®, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK November 18, 1980 Oliver Roney 19811 Windjammer Huntington Beach, CA. Enclosed is a certified copy of Resolution 493V declaring privately owned streets in Beachwalk/Huntington Seacliff lyacts subject to pro- visions of state vehicle code which was approved by the City Council of the City of Huntington Beach at the regular rt-eting held, Monday, November 17, 1980. Alicia M. Wentworth City Clerk AMW:bt Enclosure (Telephone:714-536-5227) TRACT NOS. 7473 AND 7155 RESTRICTIONS RECORDED MARCH 27, 1972 IN BOOK 10053, PAGE 737, 0. R. DECLARATION OF COVENANTS, ^ CONDITIONS AND RESTRICTIONS DECLARANT, MANSION-HALL COMPANY, A PARTNERSHIP, (SOMETIMES REFERRED TO BELOW AS "DEVELOPER") IS THE OWNER OF PARCEL 1, AND THE HOLDER OF AN OPTION CONCERNING PARCELS 2, 3, 4, 3, AND 6, OF CERTAIN REAL PROPERTY LOCATED IN THE CITY OF HUNTING- TON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND DESCRIBED ON EXHIBIT "A" WHICH IS ATTACHED HERETO AND BY THIS RE- FBRENCE MADE A PART HEREOF. DEVELOPER HEREBY DESIRES AND INTENDS, IN CONNECTION WITH THE CREATION OF A PLANNED RESIDENTIAL DEVELOPMENT (PRD) ON PARCEL I OF THE EXHIBIT "A" REAL PROPERTY AND SUBJECT TO THE PROVISIONS OF PARAGRAPH 19 BELOW, ON PARCELS 2, 3, 4, S, AND 6, TO IMPOSE THEREON MUTUALLY BENEFICIAL RESTRICTIONS UNDER A GENERAL PLAN OF IMPROVEMENT FOR THE BENEFIT OF ALL OF THE UNITS IN SAID PRD AND THEIR'FUTURE OWNERS, AS FOLLOWS: 1. DECLARATION. DEVELOPER HEREBY DECLARES THAT PARCEL 1 IS HELD AND SHALL BE HELD, CONVEYED, HYPOTHECATED, ENCUMBERED, LEASED, RENTED, USED, OCCUPIED AND IMPROVED SUBJECT TO.,"g FOLLOWING COVENANTS, CONDITIONS, RESTRICTIONS AND PROVISIONS, ALL OF WHICH COVENANTS, CONDITIONS, RESTRICTIONS AND PROVISIONS ARE HEREBY DECLARED AND AGREED TO BE IN FURTHERANCE OF A PLAN FOR THE IMPROVEMENT AND SALE OF SAID PRD AND THE INDIVIDUAL UNITS THEREIN, AND ARE HEREBY ESTABLISHED AND AGREED UPON FOR THE PURPOSE OF ENHANCING AND PERFECTING THE VALUE, DESIRABILITY AND ATTRACTIVENESS OF PARCEL 1 AND SAID PRD. 2. DEFINITIONS. THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: A. A PLANNED RESIDENTIAL DEVELOPMENT (PRD) IS A PREDOMINANTLY RESIDENTIAL DEVELOPMENT CHARACTERIZED BY CERTAIN FACTORS AS SET FORTH IN THOSE PROVISIONS OF THE MUNICIPAL CODE OF THE CITY OF HUNTINGTON BEACH GOVERNING PLANNED RESIDENTIAL DE- VELOPMENTS. B. "UNIT" MEANS AN INDIVIDUAL LIVING AREA (INCLUDING LOT AND DWELLING THEREON) WITHIN THE PRD, BUT WHICH IS NOT OWNED BY THE ASSOCIATION (AS DEFINED BELOW). C. "COMMON AREAS" MEANS THE PORTIONS OF THE PRD OWNED BY THE ASSOCIATION. D. "ASSOCIATION" MEANS AND REFERS TO BEACHWALK HOMEOWNERS ASSOCIATION, A CALIFORNIA NON-PROFIT CORPORATION, ITS TRANS- FEREES AND ASSIGNS. 3. MEMBERSHIP. EVERY PERSON OR ENTITY WHO IS A RECORD OWNER OF A FEE INTEREST IN ANY UNIT WITHIN THE PAD SHALL BE A MEMBER OF THE ASSOCIATION. THE FOREGOING IS NOT INTENDED TO INCLUDE PERSONS OR ENTITIES WHO HOLD ANY INTEREST MERELY AS SECURITY FOR THE PERFORMANCE OF AN OBLIGATION. THERE SHALL BE ONE PERSON DESIGNATED AS "VOTING OWNER" FOR EACH UNIT, WHO SHALL BE DESIGNATED BY THE UNIT OWNER BY NO- TICE TO THE BOARD OF DIRECTORS OF THE ASSOCIATION. THE VOTING OWNER NEED NOT, BUT MAY, BE A UNIT OWNER AND IF THE VO- TING OWNER IS NOT A UNIT OWNER, HIS DESIGNATION-SHALL BE BY WRITTEN NOTICE GIVEN BY THE UNIT OWNER TO THE BOARD OF DI- RECTORS. THE DESIGNATION, AS TO ANY UNIT, SHALL BE REVOCABLE AT ANY TIME BY ACTUAL NOTICE TO THE BOARD OF DIRECTORS OF THE DEATH OR JUDICIALLY DECLARED INCOMPETENCY OF THE UNIT OWNER, OR BY WRITTEN NOTICE OR REVOCATION TO THE BOARD OF DIRECTORS BY THE UNIT OWNER. SUCH POWER OF DESIGNATION AND REVOCATION MAY BE EXERCISED BY THE GUARDIAN OF THE UNIT OWNER'S ESTATE OR BY HIS CONSERVATOR, OR IN THE CASE OF A MINOR HAVING NO GUARDIAN, BY THE PARENT ENTITLED TO HIS CUSTODY, OR DURING THE ADMINISTRATION OF THE UNIT OWNER'S ESTATE, BY HIS EXECUTOR OR ADMINISTRATOR IF HIS UNIT IS SUBJECT TO ADMINIS- TRATION IN HIS ESTATE. IF NO SUCH DESIGNATION IS MADE AS TO A UNIT OR WHERE A DESIGNATION HAS BEEN MADE BUT IS REVOKED AND NO NEW DESIGNATION HAS BEEN MADE, THE VOTING OWNER SHALL BE THE UNIT OWNER. "UNIT OWNER" AS REFERRED TO IN THIS PARAGRAPH SHALL BE DEEMED TO MEAN THE RECORD OWNER OF A UNIT WITHIN THE PRD AS REFLECTED IN THE OFFICIAL RECORDS OF THE ORANGE COUNTY RECORDER, AND ALSO TO MEAN DEVELOPER SO LONG AS IT RETAINS OR HOLDS AN OWNERSHIP INTEREST IN ONE OR MORE UNITS IN THE PRD. IN THE EVENT AS TO ANY UNIT THERE IS MORE THAN ONE UNIT OWNER, THE POWER OF DESIGNATION AND REVOCATION, AND THE RIGHT TO VOTE IN THE ABSENCE OF A CURRENT DESIGNATION, MUST BE EXERCISED BY A MAJORITY OF SUCH UNIT OWNERS. THERE SHALL BE ONE VOTE FOR EACH UNIT WHICH SHALL BE EXERCISED BY ITS VOTING OWNER IN ACCORDANCE WITH THE FOREGOING. IN THE EVENT THERE ARE TWO OWNERS OF A UNIT AND NO CURRENT DESIGNATION OF ONE AS VOTING OWNER HAS BEEN MADE THE OWNER APPEARING AT THE MEETING SHALL HAVE THE RIGHT TO VOTE IN THE ABSENCE OF THE OTHER, BUT IF BOTH ARE PRESENT AT THE MEETING THERE MUST BE UNANIMITY BETWEEN THEM IN ORDER TO HAVE A VOTE. MEMBERSHIP SHALL BE APPURTENANT TO AND MAY NOT BE SEPARATED FROM OWNERSHIP OF A UNIT WITHIN THE PRD; THE TRANSFER OF TITLE TO SUCH UNIT SHALL AUTOMATICALLY TRANSFER THE MEMBERSHIP APPURTENANT THERETO TO THE TRANSFEREE. OWNERSHIP OF SUCH UNIT WITHIN THE PRD SHALL BE THE SOLE QUALIFICATION FOR MEMBERSHIP. EACH SUCH MEMBER IS OBLIGATED TO PROMPTLY, FULLY AND FAITHFULLY COMPLY WITH AND CONFORM TO THE BY-LAWS OF THE ASSOCIATION, AND THE RULES AND REGULATIONS FROM TIME TO TIME PRESCRIBED THEREUNDER BY THE BOARD OF DIRECTORS OF THE ASSOCIATION OR ITS OFFICERS, AND TO PROMPTLY PAY IN FULL ALL DUES, FEES OR ASSESSMENTS LEVIED BY SAID ASSOCIATION ON ITS MEMBERS WHETHER SUCH DUES, FEES OR ASSESSMENTS WERE LEVIED PRIOR OR SUBSEQUENT TO THE DATE OF ACQUISITION OF TITLE. continued - TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. 4. VOTING RIGHTS. THE ASSOCIATION SHALL HAVE TWO CLASSES OF VOTING MEMBERSHIPt CLASS A. CLASS A MEMBERS SHALL.BE ALL OWNERS WITH THE EXCEPTION OF THE DECLARANT, AND SHALL BE ENTITLED TO ONE VOTE FOR EACH UNIT OWNED, WHICH VOTE SHALL BE SUBJECT TO THE PROVISIONS OF PARAGRAPH 3 ABOVE. CLASS B. THE CLASS B MEMBER SHALL BE THE DECLARANT AND SHALL BE ENTITLED TO THREE (3) VOTES FOR EACH UNIT OWNED. THE CLASS B MEMBERSHIP SHALL CEASE AND BE CONVERTED TO CLASS A MEMBERSHIP ON THE HAPPENING OF EITHER OF THE FOLLOWING EVENTS, WHICHEVER OCCURS EARLIERI (A) WHEN THE TOTAL VOTES OUTSTANDING IN THE CLASS A MEMBERSHIP EQUAL THE TOTAL VOTES OUTSTANDING IN THE CLASS B MEMBERSHIP, OR (B) ON JANUARY 1, 1975. 5. MEETINGS OF VOTING OWNERS. THE FIRST MEETING OF THE VOTING OWNERS SHALL BE HELD WITHIN THIRTY (30) DAYS AFTER THE CLOSE OF ESCROWS FOR THE SALE OF A MAJORITY OF THE UNITS IN NO 1, OR WITHIN SIX (6) MONTHS AFTER THE CLOSE OF ESCROW FOR THE SALE OF THE FIRST UNIT IN THE PRO, WHICHEVER FIRST OCCURS. THEREAFTER, REGULAR MEETINGS OF THE VOTING OWNERS SHALL BE HELD ANNUALLY COMMENCING ONE (1) YEAR AFTER THE FIRST REGULAR MEETING AT SUCH REASONABLE TIME, PLACE (WITHIN THE COUNTY OF ORANGE), AND DATE (NOT EXCEEDING THIRTY (30) DAYS BEFORE OR AFTER THE ANNIVERSARY DATE OF THE FIRST REGULAR MEETING), AS MAY BE DESIGNATED BY THE BOARD OF DIRECTORS. AFTER THE FIRST REGULAR MEETING A SPECIAL MEETING OF THE VOTING OWNERS MAY BE CALLED IN THE MANNER SET FORTH IN THE BY-LAWS OF THE ASSOCIATION. THE PRESENCE IN PERSON OR BY PROXY OF MEMBERS HOLDING AT LEAST FIFTY PERCENT (50%) OF THE VOTING POWER OF THE ASSOCIATION SHALL CONSTITUTE A QUORUM FOR ANY AC- TION EXCEPT AS OTHERWISE PROVIDED IN THE ARTICLES OF INCORPORATION, THE BY-LAWS!'OR THIS DECLARATION OF COVENANTS, CONDI- TIONS AND RESTRICTIONS. IN THE ABSENCE OF A QUORUM, ANY MEETING OF MEMBERS MAY BE ADJOURNED FROM TIME TO TIME BY THE VOTE OF A MAJORITY OF THE MEMBERS IN GOOD STANDING PRESENT IN PERSON OR BY PROXY, BUT NO OTHER BUSINESS SHALL BE TRANS- ACTED. WHEN A MEETING OF MEMBERS IS ADJOURNED FOR THIRTY (30) DAYS OR MORE, NOTICE OF THE ADJOURNED MEETING SHALL BE GIVEN AS IN THE CASE OF THE ORIGINAL MEETING. WHEN A MEETING IS ADJOURNED FOR LESS THAN THIRTY (30) DAYS IT IS NOT WE- CESSARY TO GIVE ANY NOTICE OF THE TIME AND PLACE OF THE ADJOURNED MEETING OR THE BUSINESS TO BE TRANSACTED THEREAT OTHER THAN BY ANNOUNCEMENT AT THE MEETING AT WHICH THE ADJOURNMENT IS TAKEN. THE MEMBERS PRESENT AT A DULY CALLED OR HELD MEETING AT WHICH A QUORUM IS PRESENT MAY CONTINUE TO DO BUSINESS UNTIL ADJOURNMENT NOTWITHSTANDING THE WITHDRAWAL OF ENOUGH MEMBERS TO LEAVE LESS THAN A QUORUM. AT EACH REGULAR MEETING, THE BOARD OF DIRECTORS SHALL PRESENT A WRITTEN STATEMENT RELATIVE. TO THE MAINTENANCE FUND, WHICH SHALL ITEMIZE RECEIPTS AND DISBURSEMENTS FOR THE PRECEDING FISCAL YEAR, AND THEIR ALLOCATION TO EACH CONDOMINIUM OWNER. WITHIN TWENTY (20) DAYS AFTER EACH REGULAR MEETING, A COPY OF THE WRITTEN STATEMENT SHALL BE DELIVERED TO EACH OF THE VOTING OWNERS NOT PRESENT AT THE MEETING. 6. BOARD OF DIRECTORS. AT THE FIRST REGULAR MEETING OF THE VOTING OWNERS, THE VOTINC OWNERS SHALL ELECT SEVEN (7) PER- SONS TO ACT WITHOUT COMPENSATION AS THE BOARD OF DIRECTORS, THREE (3) OF WHOM SHALL SERVE FOR A TERM OF ONE (1) YEAR, AND FOUR (4) OF WHOM SHALL SERVE FOR A TERM OF TWO (2) YEARS, OR UNTIL THEIR SUCCESSORS ARE ELECTED. AT EACH SUBSEQUENT RE- GULAR MEETING, THE VOTING OWNERS SHALL ELECT DIRECTORS FOR TERMS EQUAL TO THOSE OF THE DIRECTORS WHOSE TERMS HAVE EXPIRED. EVERY VOTING OWNER ENTITLED TO VOTE AT ANY ELECTION FOR MEMBERS OF THE BOARD OF DIRECTORS SHALL HAVE ONE (1) VOTE FOR EACH VACANCY ON THE BOARD OF DIRECTORS WHICH IS TO BE FILLED AT SUCH ELECTION, AND EVERY VOTING OWNER MAY CUMULATE HIS VOTES AND GIVE ONE CANDIDATE A NUMBER OF VOTES EQUAL TO THE NUMBER OF SUCH MEMBERS TO BE ELECTED MULTIPLIED BY THE NUMBER OF VOTES TO WHICH OWNER IS OTHERWISE ENTITLED, OR DISTRIBUTE SUCH VOTES ON THE SAME PRINCIPLE AMONG MORE THAN ONE CANDIDATE. THE CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES, UP TO THE NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS TO BE ELECTED, SHALL BE DEEMED ELECTED, WITH THE FOUR (4) CANDIDATES RECEIVING THE HIGHEST NUMBER OF VOTES TO BE ELECTED FOR AN INITIAL TERM OF TWO (2) YEARS. EACH MEMBER OF THE BOARD OF DIRECTORS (OTHER THAN THE FIRST BOARD OF DIRECTORS) MUST BE AN OWNER AND RESIDENT OF ONE OF THE UNITS, AND SHALL AUTOMATICALLY BE DEEMED TO BE REMOVED FROM THE BOARD OF DIRECTORS UPON EITHER THE SALE OR TRANSFER OF HIS UNIT OR HIS ESTABLISHMENT OF RESIDENCE ELSEWHERE FOR A CONTINUOUS PERIOD OF NINETY (90) DAYS. THE BOARD OF DIRECTORS SHALL ELECT ONE OF ITS MEMBERS TO SERVE AS CHAIRMAN, WHO SHALL PRESIDE AT ALL REGULAR AND SPECIAL MEETINGS OF THE VOTING OWNERS AND BOARD OF DIRECTORS. ANY MEMBER OF THE BOARD OF DIRECTORS MAY RESIGN AT ANY TIME BY DE- LIVERING WRITTEN NOTICE OF RESIGNATION TO EACH MEMBER OF THE BOARD OF DIRECTORS. THE VOTING OWNERS MAY REMOVE. ANY ONE OR MORE MEMBERS OF THE BOARD OF DIRECTORS AT ANY MEETING BY AN AFFIRMATIVE VOTE OF A MAJORITY OF THE VOTING OWNERS OF ALL OF THE UNITS; HOWEVER, UNLESS THE ENTIRE BOARD OF DIRECTORS IS REMOVED, AN INDIVIDUAL MEMBER SHALL NOT BE REMOVED IF THE NUMBER OF VOTES CAST AGAINST THE MOTION FOR HIS REMOVAL EXCEEDS THE QUOTIENT ARRIVED AT WHEN THE TOTAL OUTSTANDING VOTES ENTITLED TO BE CAST BY ALL VOTING OWNERS IS DIVIDED BY THE SUM OF ONE PLUS THE AUTHORIZED NUMBER OF MEMBERS OF THE BOARD OF DIRECTORS, AND IN ALL EVENTS THE CUMULATIVE VOTING PROVISIONS WITH RESPECT TO ELECTION OF MEMBERS OF THE BOARD OF DI- RECTORS SHALL ALSO BE APPLICABLE TO THEIR REMOVAL. IN THE EVENT OF A VACANCY IN THE BOARD OF DIRECTORS CREATED BY DEATH, INCOMPETENCY, RESIGNATION, REMOVAL, OR OTHERWISE, SUCH VACANCY SHALL BE FILLED FOR THE UNEXPIRED TERM BY THE REMAINING MEMPERS OF THE BOARD OF DIRECTORS, OR UPON THEIR REFUSAL TO DO SO WITHIN THIRTY (30) DAYS AFTER THE VACANCY ARISES, BY THE VOTING OWNERS. UNTIL SUCH TIME AS THE FIRST BOARD OF DIRECTORS HAS BEEN ELECTED, ITS RIGHTS, DUTIES AND FUNCTIONS MAY BE EXERCISED BY DEVELOPER OR BY ANY MANAGEMENT BODY OR AGENT NAMED BY DEVELOPER; HOWEVER, ANY MANAGEMENT BODY OR AGENT NAMED BY DEVELOPER SHALL BE EMPLOYED TO MANAGE ONLY UNTIL THE FIRST REGULAR MEETING OF THE VOTING OWNERS. THE OWNERS OF A MAJORITY OF THE UNITS MAY CERTIFY, ACKNOWLEDGE AND RECORD IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, FROM TIME TO TIME, A CERTIFICATE OF IDENTITY OF THE PERSONS THEN COMPRISING THE BOARD OF DIRECTORS, WHICH SHALL SET FORTH THE NAMES AND ADDRESSES OF SUCH PERSONS. THE CERTIFICATE SHALL BE CONCLUSIVE EVIDENCE OF THE ABOVE FACTS STATED IN IT IN FAVOR OF ANY PERSON RELYING ON IT IN GOOD FAITH. THE MEMBERS OF THE BOARD OF DIRECTORS AND DE- VELOPER, DURING THE TIME IT EXERCISES THE DUTIES AND FUNCTIONS OF THE BOARD OF DIRECTORS, SHALL NOT BE PERSONALLY RESPON- SIBLE FOR 1HEIR FAILURE TO PERFORM THE DUTIES OR RESPONSIBILITIES OF THE BOARD OF DIRECTORS, UNLESS SUCH FAILURE RESULTS FROM THEIR BAD FAITH, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. continued - 3 - TRACT NOS. 7473 AND 7153 IN BOOK 10053, PACE 737, 0. R. 7. MEETINGS OF THE BOARD OF DIRECTORS. REGULAR MEETINGS OF THE BOARD OF DIRECTORS SHALL BE HELD MONTHLY ON THE SECOND MONDAY OF EACH MONTH, AT 7s30 O'CLOCK P.M., AT THE PROJECT, OR AT SUCH OTHER REASONABLE TIME, PLACE (WITHIN THE COUNTY OF ORANGE) AND/OR DATE (NOT EXCEEDING TEN (10) DAYS BEFORE OR AFTER SUCH DATE) AS MAY BE DESIGNATED BY THE BOARD OF DIRECTORS. A SPECIAL MEETING OF THE BOARD OF DIRECTORS MAY BE CALLED AS PROVIDED IN THE BY-LAWS OF THE ASSOCIATION. THE PRESENCE AT ANY MEETING OF A MAJORITY OF THE BOARD OF DIRECTORS SHALL CONSTITUTE A QUORUM. UNLESS OTHERWISE EXPRESSLY PROVIDED HEREIN, ANY ACTION MAY BE TAKEN AT ANY MEETING OF THE BOARD OF DIRECTORS BY A MAJORITY OF THE MEMBERS OF THE BOARD PRESENT AT SUCH MEETING AT WHICH A QUORUM IS PRESENT. ANY ACTION REQUIRED OR PERMITTED TO BE TAKEN BY THE BOARD OF DIRECTORS MAY BE TAKEN WITHOUT A MEETING, WITH THE SAME EFFECT AS A UNANIMOUS VOTE, IF ALL MEMBERS OF THE BOARD OF DIRECTORS SHALL CONSENT IN WRITING TO SUCH ACTION. EACH MEETING OF THE BOARD OF DIRECTORS SHALL BE HELD WITHIN ORANGE COUNTY, AT THE PRD OR AT SUCH OTHER PLACE AS MAY BE DESIGNATED BY THE BOARD OF DIRECTORS. B. NOTICES. ANY NOTICE PERMITTED OR REQUIRED TO BE DELIVERED AS PROVIDED IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MAY BE DELIVERED EITHER PERSONALLY OR BY MAIL. IF DELIVERY IS MADE BY MAIL, SUCH NOTICE SHALL BE DEEMED TO HAVE BEEN DELIVERED TO A PERSON TWENTY-FOUR (24) HOURS AFTER A COPY OF IT WAS DEPOSITED IN THE UNITED STATES MAIL, POSTAGE PREPAID, CERTIFIED OR REGISTERED, ADDRESSED TO SUCH PERSON AT THE ADDRESS GIVEN BY HIM TO THE BOARD OF DIRECTORS FOR THE PURPOSE OF SUCH SERVICE OF NOTICE, OR AT THE ADDRESS Of THE UNIT OWNED OR REPRESENTED BY SUCH PERSON, IF NO OTHER ADDRESS HAD BEEN GIVEN TO THE BOARD OF DIRECTORS. SUCH ADDRESS,MAY BE'CHAPGED FROM TIME TO TIME BY WRITTEN NOTICE DELIVER- ED TO THE BOARD OF DIRECTORS IN ACCORDANCE WITH THE FOREGOING. WRITTEti..NOT`ICE SHALL BE DELIVERED BY THE BOARD OF DIRECTORS OF EACH REGULAR AND SPECIAL MEETING OF THE VOTING OWNERS AND BOARD OF DIRECTORS, AT LEAST TEN (10) DAYS PRIOR TO ANY REGU- LAR MEETING, AND AT LEAST FIFTEEN (15) DAYS PRIOR TO ANY SPECIAL MEETING`, AND NOT EARLIER THAN FORTY-FIVE (45) DAYS PRIOR TO ANY MEETING. EACH SUCH NOTICE SHALL SPECIFY THE TIME, PLACE AND DATE OF THE MEETING, AND THE GENERAL NATURE OF THE BUSINESS TO BE TRANSACTED AT EACH SPECIAL MEETING. 9. POWERS AND DUTIES OF BOARD OF DIRECTORS. DEVELOPER (OR ITS MANAGEMENT BODY OR AGENT), UNTIL THE FIRST BOARD OF DIREC- TORS HAS BEEN ELECTED, AND, THEREAFTER, THE BOARD OF DIRECTORS, FOR THE BENEFIT OF ALL OF THE UNIT OWNERS, SHALL ACQUIRE AND/OR PAY FOR OUT OF THE MAINTENANCE FUND, THE FOLLOWINGt (A) GARBAGE AND TRASH DISPOSAL, AND WATER, SEWER, ELECTRICITY, TELEPHONE, GAS, TELEVISION CABLE ANTENNA AND OTHER UTILITY SERVICES NECESSARY OR PROPER FOR THE COMMON AREAS ONLY AND, IF NOT SEPARATELY METERED OR CHARGED, WATER AND SEWER FOR THE INDIVIDUAL UNITS AND MAINTENANCE SERVICE FOR THE COMMON AREAS INCLUDING BUT NOT LIMITED TO ALL PRIVATE STREETS WITHIN THE PRD. (B) A POLICY OR POLICIES OF FIRE INSURANCE, WITH STANDARD EXTENDED COVERAGE ENDORSEMENT, FOR THE FULL INSURABLE VALUE (REPLACEMENT COST) OF THE PERSONAL PROPERTY AND IMPROVEMENTS IN THE COMMON AREAS, AND IF THE DEVELOPER OR BOARD OF DIREC- TORS SO DETERMINES OF THE UNITS ALSO. THE DEVELOPER OR THE BOARD OF DIRECTORS MAY ELECT TO HAVE THE UNIT OWNERS PAY .SEPARATELY FOR THE FIRE INSURANCE POLICIES CONCERNING THEIR OWN UNITS. (C) A POLICY OR POLICIES OF INSURANCE INSURING THE BOARD OF DIRECTORS AND ALL OF THE UNIT OWNERS, AGAINST ANY LIABILITY TO THE PUBLIC OR TO THE UNIT OWNERS, THEIR INVITEES, GUESTS AND TENANTS, INCIDENT TO THE OWNERSHIP OR USE OF THE COMMON AREAS. THE LIABILITY UNDER SUCH COVERAGE SHALL NOT BE LESS THAN TWO HUNDRED THOUSAND DOLLARS ($200,000.00) FOR ANY ONE PERSON INJURED, THREE HUNDRED THOUSAND DOLLARS ($300,000.00) FOR ANY ONE OCCURRENCE, AND TWENTY-FIVE THOUSAND DOLLARS ($25,000.00) FOR PROPERTY DAMAGE. SUCH POLICY LIMITS SHALL BE REVIEWED AT LEAST EVERY FIVE (5) YEARS BY THE BOARD OF DIRECTORS AND MAY BE ADJUSTED IN ITS DISCRETION. (D) A POLICY OF WORKMEN'S COMPENSATION INSURANCE TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAWS. (E) SERVICES OF A PERSON OR FIRM TO MANAGE THE PRD TO THE EXTENT DEEMED NECESSARY OR PROPER BY THE BOARD OF DIRECTORS, AND THE SERVICES OF SUCH OTHER PERSONNEL AS THE BOARD OF DIRECTORS SHALL DEEM NECESSARY OR PROPER FOR THE OPERATION OF THE PROJECT. (F) LEGAL AND ACCOUNTING SERVICES NECESSARY OR PROPER FOR THE OPERATION OF THE PROJECT, OR FOR THE ENFORCEMENT OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. (G) MAINTENANCE, GARDENING AND REPAIR OF THE COMMON AREAS, INCLUDING BUT NOT LIMITED TO ALL PRIVATE STREETS WITHIN THE PRD, SLOPES, POOLS, RECREATION FACILITIES, LANDSCAPING, DRAINAGE FACILITIES, AND PAINTING OF THE EXTERIORS OF THE UNITS (INCLUDING THE INTERIORS OF ENCLOSED PATIOS AND COURTS, UNLESS THE DEVELOPER OR THE BOARD OF DIRECTORS IMPOSES SUCH OB- LIGATION ON THE UNIT OWNERS DIRECTLY INVOLVED). THE BOARD OF DIRECTORS SHALL CAUSE THE MAINTENANCE FUND TO BE REIMBURSED FOR THE COST OF REPAIRS BY ANY UNIT OWNER WHO CAUSES DAMAGES TO THE COMMON AREAS, MAKING SUCH REPAIRS NECESSARY OR PROPER. THE BOARD OF DIRECTORS SHALL FOR THE BENEFIT OF THE MAINTENANCE FUND, LEVY A SPECIAL ASSESSMENT AGAINST SUCH OWNER'S UNIT FOR THE COSTS OF ANY SUCH REPAIRS. THE BOARD OF DIRECTORS MAY ENTER INTO ANY UNIT WHEN NECESSARY IN CONNECTION WITH MAINTENANCE OR CONSTRUCTION FOR WHICH THE BOARD OF DIRECTORS IS RESPONSIBLE HEREUNDER. (H) ANY OTHER MATERIALS, SUPPLIES, FURNISHINGS, EQUIPMENT, LABOR, SERVICES, MAINTENANCE, REPAIRS, STRUCTURAL ALTERATIONS OR INSURANCE WHICH THE BOARD OF DIRECTORS DEEMS NECESSARY OR PROPER FOR THE OPERATION OF THE PRD. (I) TAXES AND ASSESSMENTS LEVIED OR ASSESSED AGAINST THE COMMON AREAS, OR LEVIED AND ASSESSED AGAINST'ANY UNIT IF RE- SULTING IN A LIEN AGAINST THE COMMON AREAS, AND ANY OTHER LIENS OR ENCUMBRANCES WHICH AFFECT THE COMMON AREAS INCLUDING, BUT NOT LIMITED TO, MECHANIC'S LIENS. SUCH TAXES, ASSESSMENTS, LIENS OR ENCUMBRANCES WHICH SHALL BE PAID BY THE BOARD OF DIRECTORS FROM THE MAINTENANCE FUND, HOWEVER, SHALL NOT INCLUDE ANY LEVIED OR ASSESSED AGAINST, OR WHICH AFFECTS, MERE- LY THE INTEREST OF ONE OR MORE (BUT LESS THAN ALL) OF THE UNITS AND NOT THE INTEREST OF ALL OF THE UNIT OWNERS IN THE - continued - 4 . TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. COMMON AREASI THE BOARD OF DIRECTORS SHALL LEVY A SPECIAL ASSESSMENT AGAINST ANY UNIT FOR THE AMOUNT OF SUCH TAX, ASSESS- MENT, LIEN OR ENCUMBRANCE WHICH IS APPLICABLE SPECIFICALLY TO SUCH UNIT TO THE EXTENT THE AMOUNT IS SEPARATELY DETERMINABLE. THE DEVELOPER AND BOARD OF DIRECTORS RESERVE THE RIGHT TO ARRANGE FOR SEPARATE ASSESSMENT OF THE PROPERTY TAXES ON THE COM- MON AREAS ON A PROPORTIONATE BASIS AMONG THE UNITS WITHIN THE PRD, AND IF SUCH ARRANGEMENTS CANNOT BE MADE OR ARE NOT MADE DEVELOPER AND THE BOARD OF DIRECTORS RESERVE THE RIGHT TO MAKE A SEPARATE DESIGNATION WITHIN THE MAINTENANCE FUND IN THE AMOUNT OF THE ASSESSMENT REQUIRED TO PAY PROPERTY TAXES ASSESSED AGAINST THE COMMON AREAS. (J) MAINTENANCE OR REPAIR OF FENCES AND THE EXTERIOR OF ANY PORTION OF ANY UNIT WHICH IS ADJACENT TO THE COMMON AREAS, EXCLUDING GLASS SURFACESI AND MAINTENANCE AND REPAIR OF ANY OTHER PORTION OF ANY UNIT IF SUCH MAINTENANCE OR REPAIR IS NECESSARY IN THE DISCRETION OF THE BOARD OF DIRECTORS TO COMPLEMENT, OR TO PRESERVE OR PROTECT THE COMMON AREAS OR ANOTHER UNIT FROM DAMAGE, DESTRUCTION OR UNUSUAL DEPRECIATION, AND IF THE OWNER OF ANY SUCH UNIT (AS TO WHICH SUCH MAINTENANCE OR REPAIR IS NECESSARY) SHALL HAVE FAILED OR REFUSED TO PERFORM THE MAINTENANCE OR REPAIR WITHIN A REASONABLE TIME AFTER DE- LIVERY TO HIM BY THE BOARD OF DIRECTORS OF WRITTEN NOTICE OF DEMAND FOR SUCH MAINTENANCE OR REPAIR. THE BOARD OF DIRECTORS SHALL LEVY A SPECIAL ASSESSMENT AGAINST A UNIT FOR REIMBURSEMENT OF THE COST OF ANY SUCH DISCRE- TIONARY MAINTENANCE OR REPAIR PAID FOR FROM THE MAINTENANCE FUND BY THE BOARD OF DIRECTORS IN ACCORDANCE WITH SUBPARAGRAPH (J) ABOVE, OR FOR ANY DAMAGE TO THE COMMON AREAS OR PORTIONS OF UNITS WHICH THE BOARD OF DIRECTORS IS HEREBY REQUIRED TO MAINTAIN CAUSED BY THE.OWNER, THEREOF, OR BY A MEMBER OF HIS FAMILY OR GUESTS. THE BOARD OF DIRECTORS SHALL HAVE THE EX- CLUSIVE RIGHT TO CONTRACT FOR AND/OR ACQUIRE ALL SERVICES, MATERIALS AND OTHER ITEMS FOR WHICH PAYMENT IS TO BE MADE FROM THE MAINTENANCE FUND, BUT THE BOARD OF DIRECTORS MAY, AT ANY TIME AND FROM TIME TO TIME, DELEGATE ITS POWERS. NOTWITHSTAND- ING ANYTHING IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS TO THE CONTRARY, EXCEPT PURSUANT TO THE PROVI- SIONS OF PARAGRAPH 15, NO ALTERATIONS, ADDITIONS, OR IMPROVEMENTS, IN CONNECTION WITH THE COMMON AREAS OF THE PRD SHALL BE MADE AT A COST OF MORE THAN ONE THOUSAND DOLLARS ($1,000.00) WITHOUT THE APPROVAL OF AT LEAST TWO-THIRDS (2/3) OF THE VOTING OWNERS (EXCLUDING DEVELOPER WHICH SHALL NOT BE ENTITLED TO A VOTE ON SUCH HATTER IRRESPECTIVE OF THE NUMBER OF UNITS OWNED BY DEVELOPER AT THE TIME OF THE VOTE) PRESENT AT A SPECIAL MEETING AT WHICH A QUORUM IS PRESENT. THE BOARD OF DIRECTORS SHALL HAVE THE POWER TO ENFORCE THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. THE BOARD OF DIRECTORS HAS THE RIGHT TO TRANSFER THE POWER TO ASSESS TO THE UNIT OWNERS OR AN ASSOCIATION OF THE UNIT OWNERS. 10. RULES AND REGULATIONS. THE BOARD OF DIRECTORS SHALL HAVE THE RIGHT, FROM TIME TO TIME, TO ADOPT REASONABLE RULES AND REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, OR THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE BEACHWALK HOMEOWNERS ASSOCIATION, RELATING TO THE USE OF THE COMMON AREAS BY THE OWNERS AND OTHER OCCUPANTS OF THE UNITS AND THEIR GUESTS, AND TO THE CONDUCT OF SUCH PERSONS REGARDING THE SWIMMING POOLS AND OTHER RECREATIONAL FACILITIES, INSTALLATION AND MAINTENANCE OF AIR-CONDITIINDNG UNITS, FIREPLACES, BUILDING OVER- HANGS, AND OTHER IMPROVEMENTS IN OR ABOUT THE COMMON AREAS, PARKING, STORAGE, TRASH AND GARBAGE DISPOSAL, LAUNDRY, PETS, AND OTHER ACTIVITIES AS TO WHICH SUCH CONDUCT MIGHT ADVERSELY AFFECT THE PRD OR ITS APPEARANCE OR MIGHT OFFEND, INCONVE- NIENCE OR ENDANGER THE OWNERS OR OTHER OCCUPANTS OF THE UNITS OR THEIR GUESTS. DEVELOPER SHALL NOT BE AFFECTED BY ANY SUCH RULES AND REGULATIONS, AND SHALL HAVE THE ABSOLUTE RIGHT TO INSTALL AND MAINTAIN FIRE PLACES, AIR-CONDITIONING UNITS, BUILDING OVERHANGS AND OTHER RELATED IMPROVEMENTS IN THE COMMON AREAS, SO LONG AS SAME ARE LOCATED NO FURTHER THAN FOUR (4) FEET FROM THE LOT LINES OF EACH UNIT. THE DEVELOPER OR THE BOARD OF DIRECTORS MAY, IF THEY SO ELECT, UTILIZE THESE PORTIONS OF THE INDIVIDUAL LOTS LOCATED OUTSIDE OF THE PHYSICAL BOUNDARIES OF EXTERIOR WALLS AND FENCES AS THOUGH SUCH PORTIONS WERE INCLUDED WITHIN THE COMMON AREAS. A COPY OF THE RULES AND REGULATIONS SHALL BE DELIVERED TO THE OWNER OF EACH UNIT EITHER PERSONALLY OR BY MAIL, AND A COPY SHALL BE POSTED IN THE COMMON AREAS AT A PLACE WHERE IT MAY BE CON- VENIENTLY OBSERVED. THE RULES AND REGULATIONS SHALL BE BINDING UPON THE OWNERS AND OCCUPANTS OF THE UNITS, AND THEIR GUESTS, AND SHALL BE ENFORCEABLE, TO THE SAME EXTENT AS IF THEY WERE SPECIFICALLY SET FORTH AS PROVISIONS IN THIS DECLARA- TION OF COVENANTS, CONDITIONS AND RESTRICTIONS. It. BOOKS AND RECORDS. THE BOARD OF DIRECTORS SHALL KEEP AND MAINTAIN COMPLETE AND ACCURATE BOOKS OF ACCOUNT RELATIVE TO ITS OPERATION OF THE PRD, AND THE BOOKS AND RECORDS SHALL BE AVAILABLE FOR INSPECTION IN THE COUNTY OF ORANGE AT SUCH LOCATION AS MAY BE APPROVED FROM TIME TO TIME BY THE BOARD OF DIRECTORS OF ANY UNIT OWNER AT ALL REASONABLE TIMES. THE BOARD OF DIRECTORS SHALL CAUSE AN INDEPENDENT AUDIT OR ACCOUNTING TO BE MADE ANNUALLY OF SUCH BOOKS AND RECORDS BY A CER- TIFIED PUBLIC ACCOUNTANT, AND A COPY OF EACH AUDIT OR ACCOUNTING INCLUDING A STATEMENT OF INCOME AND DISBURSEMENTS, SHALL BE DELIVERED TO EACH UNIT OWNER, WITHIN THIRTY (30) DAYS AFTER ITS COMPLETION. ANY UNIT OWNER MAY AT ANY REASONABLE TIME, AT HIS OWN COST AND EXPENSE, CAUSE AN AUDIT OR INSPECTION TO BE MADE OF THE BOOKS AND RECORDS BY AN ACCOUNTANT OR OTHER REPRESENTATIVE DULY AUTHORIZED BY HIM. 12. ASSESSMENTS. IMMEDIATELY FOLLOWING THE FIRST REGULAR MEETING OF THE VOTING OWNERS, AND THEREAFTER AT LEAST THIRTY (30) DAYS PRIOR TO JANUARY 1 OF EACH YEAR, THE BOARD OF DIRECTORS SHALL ESTIMATE THE TOTAL CHARGES TO BE ASSESSED AGAINST THE MEMBERS AND TO BE EXPENDED BY THE BOARD OF DIRECTORt' DURING THE SUCCEEDING YEAR, WHICH SHALL CONSTITUTE THE MAINTENANCE FUND (INCLUDING A REASONABLE PROVISION FOR CONTINGENCIES AND ADEQUATE RESERVES FOR REPLACEMENTS, LESS ANY EXPECTED SURPLUS FROM THE PRIOR YEAR'S FUND). THE BOARD OF DIRECTORS MAY IN ITS DISCRETION DEEM THAT FIRE INSURANCE FOR EACH UNIT SHALL BE PAID FROM THE MAINTENANCE FUND, IN WHICH EVENT THE REGULAR ASSESSMENT SHALL BE INCREASED BY A PROPORTIONATE AMOUNT WHICH SHALL BE SEPARATELY INDICATED AS AN ASSESSMENT FOR FIRE INSURANCE ON EACH INDIVIDUAL UNIT. THE ESTIMATED AMOUNT REQUIRED FOR THE MAINTENANCE FUND SHALL CONSTITUTE THE AGGREGATE REGULAR ASSESSMENT, WHICH SHALL BE ASSESSED TO AND PAID BY THE UNIT OWNERS AS POLLOWSt THE AMOUNT OF THE INITIAL REGULAR MONTHLY ASSESSMENT FOR EACH UNIT SHALL BE AS FOLLOWS: continued - TRACT NOS. 7473 AND 7153 IN BOOK 10033, PAGE 737, 0. R. MODEL A $37.00 MODEL B $37.00 MODEL C $37.00 MODEL D $39.00 MODEL E $39.00 ALTHOUGH DEVELOPER RESERVES THE RIGHT TO INCREASE SAID MONTHLY ASSESSMENTS, AT ANY TIME AND FROM TIME TO TIME UNTIL THE FIRST MEETING OF THE VOTING OWNERS, SO LONG AS THE DEVELOPER FIRST OBTAINS CONSENT TO SUCH ADJUSTMENT FROM THE DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA. ANY INCREASE OR DECREASE FROM THE AMOUNT OF THE INITIAL AGGREGATE REGULAR ASSrSSMEHT SHALL BE ASSESSED TO AND PAID BY, OR SHARED BY (IN THE CASE OF A DECREASE) THE UNIT OWNERS EITHER EQUALLY OR PROPORTIONATELY, AS THE BOARD OF DIRECTORS MAY DETERMINE. THE AGGREGATE REGULAR ASSESSMENTS SHALL NOT BE INCREASED MORE THAN TEN PER CENT (10%) OVER THE PRECEDING YEAR'S AGGREGATE REGULAR ASSESSMENT WITHOUT THE APPROVAL OF AT LEAST A MAJORITY OF THE VOTING OWNERS, AND NO INCREASE IN THE REGULAR ASSESSMENT MAY BE MADE WITHOUT THE PRIOR CONSENT OF THE DEPARTMENT OF REAL ESTATE UNTIL SUCH TIME AS ALL UNITS CONTEMPLATED TO BE DEVELOPED ON THE EXHIBIT A REAL PROPERTY HAVE BEEN SOLD BY DEVELOPER. IF THE ESTIMATED CASH REQUIREMENT PROVES TO BE INADEQUATE FOR ANY REASON, INCLUDING NONPAYMENT OF ANY UNIT OWNER'S ASSESSMENT OR UNFORESEEN EXPENDITURES, THE BOARD OF DIRECTORS MAY AT ANY TIME LEVY A SPECIAL ASSESSMENT WHICH SHALL BE ASSESSED TO THE UNIT OWNERS EQUALLY UNLESS OTHERWISE PROVIDED IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC- TIONS, BUT IN THE EVENT OF A VOTE BY THE VOTING OWNERS FOR ANY SPECIAL ASSESSMENT FOR CAPITAL IMPROVEMENTS UPON THE COMMON AREAS, DEVELOPER SHALL BE EXCLUDED FROM THE RIGHT TO VOTE THEREON. EACH UNIT OWNER SHALL BE OBLIGATED TO PAY TO THE BOARD OF DIRECTORS HIS REGULAR ASSESSMENT IN TWELVE (12) EQUAL MONTHLY INSTALLMENTS ON OR BEFORE THE FIRST (1ST) DAY OF EACH CALENDAR MONTH, AND TO PAY SPECIAL ASSESSMENTS WITHIN THIRTY (30) DAYS AFTER THEIR LEVY OR AT SUCH OTHER TIMES AS THE BOARD OF DIRECTORS SHALL DESIGNATE. ALL ASSESSMENTS SHALL BE PAID AT SUCH PLACE AS THE BOARD OF DIRECTORS SHALL DESIGNATE. THE REGULAR ASSESSMENTS FOR ALL UNITS SHALL COMMENCE UPON THE CLOSE OF ESCROW FOR THE SALE OF THE FIRST UNIT IN THE PRD; REGULAR ASSESSMENTS CHARGEABLE TO OR PAYABLE FOR EACH UNSOLD UNIT SHALL BE CHARGED TO AND PAID BY, AND BE THE DEBT OF DEVELOPER OR ITS SUCCESSOR IN OWNERSHIP OF EACH SUCH UNSOLD UNIT, PROVIDED, HOWEVER, PARCELS 2, 3, 4, S OR 6 SHALL NOT BE SUBJECT TO ANY ASSESSMENT MADE PRIOR TO THE EXPANSION OF THE PRD PURSUANT TO THE PROVISIONS OF PARAGRAPH 19 TO INCLUDE SUCH PARCEL OR PARCELS. ALL REGULAR AND SPECIAL ASSESSMENTS LEVIED UPON ANY UNIT SHALL CONSTITUTE A DEBT OF THE OWNER OF SUCH UNIT AT THE TIME OF THE.ASSESSMENT AND SMALL BE PAID PROMPTLY. INTEREST AT THE LEGAL RATE OF TEN PER CENT (10%) PER ANNUM SHALL ACCRUE ON ALL DELINQUENT ASSESSMENTS. 13. ASSESSMENT LIEN. THE AMOUNT OF ALL REGULAR AND SPECIAL ASSESSMENTS, PLUS INTEREST THEREON AND ANY EXPENSES REASONABLY INCURRED IN COLLECTING AND/OR ENFORCING SUCH ASSESSMENTS, INCLUDING REASONABLE ATTORNEYS' FEES, SHALL BE AND BECOME A LIEN UPON THE UNIT SO ASSESSED, WHICH SHALL ATTACH TO THE UNIT AS OF THE TIME THE BOARD OF DIRECTORS CAUSES TO BE RECORDED IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, A NOTICE OF ASSESSMENT LIEN, WHICH SHALL STATE THE AMOUNT OF THE ASSESSMENT AND SUCH RELATED CHARGES AS MAY BE AUTHORIZED BY THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC- TIONS, A DESCRIPTION OF THE UNIT AGAINST WHICH THE LIEN HAS BEEN ASSESSED, AND THE NAME OF THE RECORD OR REPUTED OWNER OF THE UNIT. THE NOTICE SHALL BE SIGNED BY ANY FOUR (4) OF THE BOARD OF DIRECTORS. THE ASSESSMENT LIEN SHALL ALSO BE DEEMED TO SECURE ALL OF THE FOREGOING ITEMS WHICH SHALL BECOME DUE AND/OR INCURRED RELATIVE TO THE UNIT SUBSEQUENT TO THE RECORDA- TION OF THE NOTICE OF ASSESSMENT LIEN UNTIL THE COMPLETION OF THE ENFORCEMENT OF THE LIEN OR THE PAYMENT OF THE FULL AMOUNT SECURED BY THE LIEN, OR OTHER SATISFACTION TO BE MADE IN CONNECTION THEREWITH. NO PROCEEDING OR ACTION SHALL BE INSTITUTED TO FORECLOSE THE LIEN, EITHER JUDICIALLY OR UNDER THE POWER OF SALE GRANTED HEREIN, UNTIL NOTICE OF INTENTION TO PROCEED TO FORECLOSE THE LIEN SHALL HAVE BEEN DELIVERED BY THE BOARD OF DIRECTORS TO THE VOTING OWNER OF THE UNIT AFFECTED BY THE LIEN AT LEAST THIRTY (30) DAYS PRIOR TO THE COMMENCEMENT OF ANY SUCH ACTION OR PROCEEDING. THE ASSESSMENT LIEN MAY BE EN- FORCED BY JUDICIAL FORECLOSURE, OR BY SALE BY THE BOARD OF DIRECTORS CONDUCTED IN ACCORDANCE WITH THE APPLICABLE PROVI- SIONS OF LAW RELATIVE TO THE EXERCISE OF POWERS OF SALE IN MORTGAGES AND DEEDS OF TRUST, OR ANY OTHER MANNER PERMITTED BY LAW. THE BOARD OF DIRECTORS IS HEREBY EXPRESSLY GIVEN THE POWER TO SELL ANY UNIT AS TO WHICH ANY ASSESSMENT HAS NOT BEEN PAID, IN ORDER TO EFFECT COLLECTION THEREOF. UPON ANY SUCH DEFAULT IN PAYMENT, THE BOARD OF DIRECTORS MAY CAUSE TO BE SERVED AND RECORDED ANY NECESSARY NOTICE OF DEFAULT AND NOTICE OF SALE WHICH MAY THEN BE REQUIRED BY LAW, AND AFTER THE LAPSE OF TIME AS MAY BE THEN REQUIRED BY LAW THE BOARD OF DIRECTORS MAY SELL SUCH UNIT AT THE TIME AND PLACE FIXED IN SUCH NOTICE OF SALE, OR AT SUCH OTHER TIME AND PLACE TO WHICH SUCH SALE MAY BE POSTPONED BY PUBLIC PRONOUNCEMENT AT THE TIME AND PLACE SO FIXED. THE SALE SHALL BE MADE AT PUBLIC AUCTION TO THE HIGHEST BIDDER FOR CASH, OR ITS EQUIVALENT, PAYABLE IN LAWFUL MONEY OF THE UNITED STATES AT THE TIME OF SALE. AFTER DEDUCTING ALL COSTS AND EXPENSES OF SALE, INCLUDING COST OF EVIDENCE OF TITLE, THE BOARD OF DIRECTORS SHALL APPLY THE PROCEEDS OF THE SALE TO THE PAYMENT OF ALL SUMS SECURED BY THE ASSESSMENT LIEN, PLUS ACCRUED INTEREST TO THE DATE OF SALE AT THE RATE OF TEN PER CENT (10%) PER ANNUM; THE REMAINDER OF SUCH PROCEEDS, IF ANY, SHALL BE PAID TO THE PERSON LEGALLY ENTITLED THERETO. THE FOREGOING RIGHTS OF ENFORCEMENT SHALL NOT BE EXCLUSIVE, BUT SHALL BE IN ADDITION TO ANY OTHER RIGHTS AND REMEDIES WHICH THE UNIT OWNERS AND THE BOARD OF DIRECTORS MAY HAVE UNDER THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, OR OTHERWISE IN ACCORDANCE WITH LAW. THE BOARD OF DIRECTORS SHALL HAVE THE RIGHT TO BID AT ANY FORECLOSURE SALE AND TO HOLD, LEASE, MORTGAGE, AND CONVEY SUCH UNIT UPON ITS PURCHASE. UPON PAYMENT OF THE FULL AMOUNT SECURED BY AN ASSESSMENT LIEN, INCLUDING ALL AUTHORIZED CHARGES IN ACCORDANCE WITH THE FOREGOING, OR UPON ANY OTHER SATISFACTION DULY MADE IN CONNECTION THEREWITH, THE BOARD OF DIRECTORS SHALL CAUSE TO BE RECORDED A NOTICE SETTING FORTH THE FACT OF SUCH PAYMENT AND/OR SATISFACTION AND OF THE RELEASE OF TVE ASSESSMENT LIEN. ANY ASSESSMENT LIEN AS TO ANY UNIT SHALL AT ALL TIMES BE SUBJECT AND SUBORDINATE TO ANY RECORDED FIRST MORTGAGE OR DEED OF TRUST ON THE UNIT WHICH IS CREATED IN GOOD FAITH AND FOR VALUE AND WHICH IS RE- CORDED PRIOR TO THE DATE OF RECORDATION OF THE ASSESSMENT LIEN. IN THE EVENT ANY ASSESSMENT LIEN IS DESTROYED BY REASON continued - 6 TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. Of THE FORECLOSURE Of ANY PRIOR MORTGAGE OR DEED OF TRUST ON A UNIT, THE INTEREST IN THE UNIT OF THE PURCHASER AT THE FORECLOSURE SALE SHALL BE SUBJECT TO A LIM TO SECURE FUTURE ASSESSMENTS LEVIED UPON THE UNIT SUBSEQUENT TO THS DATE OF THE FORECLOSURE. EACH UNIT OWNER SMALL AND HEREBY .DOES WAIVE AND SUBORDINATE THE BENEFITS OF ANY HOMESTEAD OR EXEMPTION LAW IN FAVOR OF ALL THE ASSESSMENT LIENS, WHICH SHALL BE PRIOR TO THE RIGHTS 01 ANY UNIT OWNER UNDER ANY APPLICABLE HOME- STEAD OR EXEMPTION LAWS. 14. USE OF UNITS. THE UNITS SHALL BE USED AND OCCUPIED ONLY IN ACCORDANCE WITH THE FOLL)WINGt (A) EACH UNIT SHALL BE USED AS A SINGLE FAMILY RESIDENCE AND FOR NO OTHER PURPOSE, EXCEPT THAT A SALES OF►ICE, SALES DISPLAY AREA, AND/OR CONSTRUCTION OFFICE MAY BE MAINTAINED BY DEVELOPER IN ANY OF THE UNITS, AND ANY Of THE UNITS MAY BL USED AS A DISPLAY MODEL, UNTIL SALES OF ALL OF THE UNITS IN THE EXHIBIT "A" REAL PROPERTY HAVE BEEN CONSUMMATED. (0) DEVELOPER MAY MAINTAIN AT NO CHARGE OR COST (EXCEPT FOR THE COST OF UTILITIES INCURRED IN CONNECTION WITH SUCH USE) SALES OFFICES, SALES DISPLAY AREAS, AND/Olt CONSTRUCTION OFFICES IN THE CLUBHOUSE, OTHER PERMANENT STRUCTURES, AND/OR ANY TEMPORARY STRUCTURES ERECTED FOR SUCH PURPOSES, AND MAY ERECT AND MAINTAIN APPROPRIATE SIGNS UNTIL SALES OF ALL OF THE UNITS IN THE PRD HAVE BEEN CONSUMMATED. (C) GARAGES AND CARPORTS MAY BE USED ONLY FOR THE PARKING OF VEHICLES, STORAGE AND RELATED PURPOSES, OR FOR SUCH OTHER REASONABLE PURPOSES AS MAY BE APPROVED BY THE BOARD OF DIRECTORS AND DRIVEWAYS TO THE GARAGES AND CARPORTS SHALL BE RE- SERVED FOR THE EXCLUSIVE USE OF THE UNIT OWNERS WHOSE GARAGES OR CARPORTS ARE SERVICED THEREBY. (D) NO UNIT OWNER SHALL STORE, PLANT, OR CONSTRUCT ANYTHING ON, OR OBSTRUCT THE COMMON AREAS EXCEPT WITH THE PRIOR WRITTEN CONSENT OF THE BOARD OF DIRECTORS. AIR CONDITIONING UNITS AND FIREPLACES MAY BE INSTALLED WITHIN THE PRD ONLY WITH THE PRIOR CONSENT OF THE BOARD OF DIRECTORS. (E) NO UNIT OWNER SHALL DO ANYTHING WHICH SHALL INCREASE THE RATES OF INSURANCE, OR RESULT IN CANCELLATION 0/ INSURANCE RELATIVE. TO THE PRD OR ANY PORTION OF IT. (F) NO UNIT OWNER SHALL PERMIT ANY PART OF THE PRD TO BE USED FOR COMMERCIAL OR RELATED PURPOSES, OR FOR DRILLING THERE- FROM FOR, OR PRODUCING THEREFROM, WATER, OIL, GAS OR ANY MINERAL SUBSTANCE. (G) NO UNIT OWNER SHALL COMMIT ANY WASTE IN THE COMMON AREAS, NOR DO ANYTHING IN OR ABOUT OR IN CONNECTION WITH THE PRO- JECT WHICH WOULD BE IN VIOLATION OF ANY STATUTE, LAW, ORDINANCE OR GOVERNMENTAL RULE OR REGULATION. (H) NO UNIT OWNER SHALL DO ANYTHING IN THE PRD WHICH WOULD OBSTRUCT OR INTERFERE WITH THE RIGHTS OF, OR ANNOY OR BE OFFENSIVE TO, OTHER UNIT OWNERS, INCLUDING BUT NOT LIMITED TO THE FAILURE TO MAINTAIN PROPERLY ANY LANDSCAPING WITHIN THE BOUNDARIES OF ANY UNIT, THE STORAGE OF AUTOMOBILES, CAMPERS, TRAILERS, MOBILE HOMES, BOATS OR OTHER VEHICLES IN PRIVATE STREETS OR OTHER AREAS EXCEPT FOR GARAGES OR CARPORTS; PROVIDED THAT VEHICLE TEMPORARY PARKING ONLY SHALL BE PER- MITTED FOR REASONABLE PERIODS OF TIME BY UNIT OWNERS AND THEIR GUESTS IN DESIGNATED PARKING SPACES. (I) ALL EQUIPMENT, TOOLS, TRASH AND/OR GARBAGE CONTAINERS, WOOD AND/OR STORAGE PILES SHALL BE KEPT CONCEALED FROM VIEW OF THE OTHER UNITS, THE COMMON AREAS AND THE ADJACENT STREETS. NO EXTERIOR CLOTHES LINES OR INDIVIDUAL OUTDOOR TELEVISION OR RADIO ANTENNAS, SHALL BE ERECTED OR MAINTAINED IN THE PROJECT. NO AUTOMOBILE OVERHAUL OR MAINTENANCE WORK, IN THE AB- SENCE OF AN EMERGENCY, SHALL BE PERFORMED IN THE PRD OR ON ADJACENT STREETS. THE INTERIOR OF CARPORTS AND GARAGES SHALL BE KEPT CLEAN AND PROPERLY MAINTAINED AND PAINTED BY THE INDIVIDUAL UNIT OWNERS, CARPORTS AND GARAGES MAY BE USED ONLY FOR THE PARKING OF VEHICLES, STORAGE, AND RELATED PURPOSES, AND GARAGE DOORS SHALL BE KEPT CLOSED WHEN NOT IN USE. (J) NO SIGN OF ANY NATURE, EXCEPT AS PROVIDED IN SECTION 712 OF THE CIVIL CODE, SHALL BE DISPLAYED TO THE PUBLIC VIEW ON OR FROM ANY UNIT WITHOUT THE PRIOR WRITTEN APPROVAL OF THE BOARD OF DIRECTORS AS TO SIZE, SHAPE, COLOR AND CONTENT; HOW- EVER, DEVELOPER NAY PLACE REASONABLE SIGNS UPON THE PRD IN CONNECTION WITH THE SALE, TRANSFER OR RENTAL OF THE UNITS OWNED BY IT OR IN WHICH IT HAS A SECURITY INTEREST. (K) NO LIVESTOCK, POULTRY OR ANIMALS OF ANY NATURE SHALL BE RAISED, BRED, OR KEPT IN ANY UNIT, EXCEPT CAGED BIRDS, AND NOT EXCEEDING TWO (2) DOMESTICATED HOUSEHOLD PETS (SUCH AS DOGS OR CATS) MAY BE KEPT IN A UNIT PROVIDED THAT THEY ARE NOT KEPT OR MAINTAINED FOR ANY COMMERCIAL PURPOSES. SUCH HOUSEHOLD PETS SHALL NOT BE PERMITTED IN THE COMMON AREAS EXCEPT AS MAY BE ALLOWED BY RULES AND REGULATIONS OF THE BOARD OF DIRECTORS. (L) NO UNIT OWNER SHALL INSTALL OR MAINTAIN ANY WATER SOFTENER WHICH DISCHARGES EFFLUENT BRINE. (M) NO UNIT OWNER SHALL PAINT, REFINISH, ALTER, CONSTRUCT OR REMOVE ANY PORTION OF THE COMMON AREAS OR AFFIX OR ATTACH ANYTHING THERETO, OR THE ROOF, PATIOS, GARAGES, CARPORTS, AND THE EXTERIOR SURFACES OF THE WINDOWS AND EXTERIOR WALLS OF ANY UNIT, WITHOUT THE PRIOR WRITTEN CONSENT OF THE BOARD OF DIRECTORS. • (N) EACH UNIT OWNER SHALL KEEP CLEAN AND IN GOOD CONDITION AND REPAIR THE WINDOWS AND INTERIOR OF HIS UNIT, AND SHALL NOT PERMIT LAUNDRY OR OTHER UNSIGHTLY ITEMS TO EXTEND FROM OR HANG OVER THE WINDOWS OR BALCONY, IF ANY, OF HIS UNIT. ALL DRAPED WINDOWS SHALL HAVE, FACING THE EXTERIOR, EITHER DRAPERIES, DRAPERY LINING OR CASEMENTS OF A NEUTRAL COLOR APPROVED BY THE BOARD OF DIRECTORS. continued - TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. 15. DESTRUCTION OF PAD. IN THE EVENT ANY PORTION OF THE COMMON AREA OR ANY ONE OR MORE UNITS ARE DAMAGED BY FIRE OR OTHER CASUALTY, THE BOARD OF DIRECTORS SHALL TAKE SUCH STEPS AS ARE PROPER TO MAKE THE NECESSARY REPAIRS AND RECONSTRUC- TION OF THE DAMAGE. IN THE EVENT ANY INSURANCE PROCEEDS PAID AS A RESULT OF THE DAMAGE DO NOT EXCEED THE SUM OF FIVE THOUSAND'DOLLARS ($5,000.00), THEN THE INSURANCE PROCEEDS SHALL BE HELD BY THE BOARD OF DIRECTORS AND USED FOR THE PUR- POSE OF PAYING FOR THE REPAIRS AND RECONSTRUCTION. IN THE EVENT THE INSURANCE PROCEEDS DO EXCEED THE SUM OF FIVE THOU- SAND DOLLARS ($5,000.00), THEN ALL OF THE INSURANCE PROCEEDS SHALL BE PAID TO THE HOLDER OF ANY MORTGAGE OR DEED OF TRUST UPON THE UNIT(S) AFFECTED, IN TRUST, HOWEVER, FOR THE PURPOSE OF MAKING PAYMENT UPON THE COST OF REPAIRS AND RECONSTRUCTION; BUT IF THERE BE NO HOLDER OF SUCH MORTGAGE OR DEED OF TRUST, THEN THE INSURANCE PROCEEDS SHALL BE PAID TO AN INSURANCE TRUSTEE, FOR THE PURPOSE OF MAKING PAYMENT FOR THE COSTS OF THE REPAIRS AND RECONSTRUCTION, WHICH INSURANCE TRUSTEE SHALL BE A BANK OR TRUST COMPANY LOCATED IN THE COUNTY OF ORANGE, CALIFORNIA, SELECTED BY THE BOARD Of DIRECTORS. ANY INSURANCE PROCEEDS IN FXCESS OF THE AMOUNT REQUIRED TO PAY SUCH COSTS SHALL BE DISBURSED TO THE BOARD OF DIRECTORS AND PLACED IN THE MAINTENANCE FUND FOR THE BENEFIT OF THE UNIT OWNERS. IN THE EVENT THE INSURANCE PROCEEDS ARE INSUFFICIENT TO PAY ALL OF THE COSTS OF THE REPAIRS AND RECONSTRUCTION, THE BOARD OF DIRECTORS SHALL LEVY A SPECIAL ASSESSMENT AGAINST THE UNIT OWNERS SO AS TO ACQUIRE FUNDS IN THE AMOUNT OF THE DEFICIENCY. 16. ENFORCEMENT. THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL BE DEEMED COVENANTS, CONDITIONS, RESTRICTIONS AND EQUITABLE SERVITUDES, WHICH MAY BE ENFORCED BY ANY UNIT OWNER, THE BOARD OF DIRECTORS, AND WHICH SHALL BE LIBERALLY CONSTRUED TO EFFECTUATE THE PURPOSE OF CREATING A UNIFORM PLAN FOR THE DEVELOPMENT AND OPERATION OF A PLANNED RESIDENTIAL DEVELOPMENT. IN THE EVENT OF A DEFAULT IN THE PERFORMANCE OF ANY OF THE PROVISIONS OF THIS DE- CLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, SUCH PROVISIONS'MAY BE ENFORCED BY ALL APPROPRIATE LEGAL PROCEEDINGS, INCLUDING BUT NOT LIMITED TO, INJUNCTION, ABATEMENT OF NUISANCEi AND DAMAGES. 17. WAIVER. FAILURE TO ENFORCE ANY PROVISION OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OR ANY WAIVER OF ANY BREACH SHALL NOT CONSTITUTE A WAIVER OF THAT OR ANY OTHER PROVISION OF ANY PAST OR FUTURE BREACH, OR OF THE FUTURE RIGHT TO ENFORCE THAT OR ANY OTHER PROVISION. 18. RIGHTS OF LENDERS. ANY UNIT OWNER MAY ENCUMBER HIS UNIT BY DEED OF TRUST OR MORTGAGE. THE BENEFICIARY OF THE DEED OF TRUST OR THE MORTGAGEE OF A MORTGAGE IS REFERRED TO IN THIS PARAGRAPH AS A "LENDER." A BREACH OF ANY OF THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL NOT AFFECT OR IMPAIR THE LIEN OR CHARGE OF ANY BONA FIDE DEED OF TRUST OR MORTGAGE MADE IN GOOD FAITH AND FOR VALUE ENCUMBERING ANY OF THE UNITS. A LENDER WHO ACQUIRED TITLE BY FORECLOSURE OR DEED IN LIEU OF FORECLOSURE SHALL NOT BE OBLIGATED TO CURE ANY BREACH OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WHICH IS NONCURABLE OR OF A TYPE WHICH IS NOT PRACTICAL OR FEASIBLE TO CURE. IT IS INTENDED THAT ANY LOAN TO FACILITIATE THE RESALE OF ANY UNIT AFTER FORECLOSURE OR DEED IN LIEU OF FORECLOSURE IS A LOAN MADE IN GOOD FAITH AND FOR VALUE AND ENTITLED TO ALL OF THE RIGHTS AND PROTECTIONS AFFORDED TO OTHER LENDERS. ALL LIENS CREATED PURSUANT TO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS INCLUDING BUT NOT LIMITED TO ANY REGULAR OR SPECIAL ASSESSMENTS FOR THE PAYMENT OF MONEY, SHALL BE SUBORDINATE TO THE LIEN CREATED BY ANY SUCH BONA FIDE DEED OF TRUST OR MORTGAGE GIVEN TO ANY LENDER. IT IS SPECIFICALLY UNDERSTOOD, HOWEVER, THAT A LENDER IS LIABLE FOR ALL SUCH ASSESSMENTS DURING THE ACTUAL PERIOD OF TIME THE LENDER HOLDS TITLE TO A UNIT. THIS LIABILITY FOR ASSESSMENTS ON THE PART OF THE LENDER IS ON A PRORATA BASIS WITH THE PRORATA PERIOD COMMENCING ON THE DATE THE LENDER ACQUIRES TITLE AND ENDING UPON RE- SALE OR OTHER TRANSFER BY THE LENDER, WHEREUPON THE LIABILITY WILL ATTACH TO THE TRANSFEREE. 19. EXPANSION OF.PRD. DEVELOPER MAY DESIRE AT A FUTURE TIME OR TIMES TO EXPAND THE PRD TO INCLUDE PARCELS 2, 3, 4, 3, AND/OR 6, AND DEVELOPER CONTEMPLATES (I) THAT PARCEL 2 WILL CONTAIN APPROXIMATELY 69 UNITS, (II) THAT PARCEL 3 WILL CON- TAIN APPROXIMATELY 51 UNITS, (III) THAT PARCEL 4 WILL CONTAIN APPROXIMATELY 93 UNITS, (IV) THAT PARCEL 5 WILL CONTAIN APPROXIMATELY 90 UNITS, (V) THAT PARCEL 6 WILL CONTAIN APPROXIMATELY 52 UNITS, AND (VI) THE UNITS WILL BE SIMILAR IN CON- STRUCTION AND DESIGN TO THE UNITS IN PARCEL 1 AND WILL COMPLEMENT THE UNITS IN PARCEL 1 SO AS TO CONSTITUTE ALL OF THE UNITS WITHIN THE EXPANDED PRD AS AN INTEGRATED AND ARCHITECTURALLY BALANCED PRD; IF, WHEN AND AT SUCH TIME AS ANY OF SAID PARCELS IS INCLUDED WITHIN THE PRD, THE PROJECT SHALL BE REFERRED TO AS "THE PRD AS EXPANDED." BY REASON THEREOF, DEVELOPER HEREBY DESIRES AND INTENDS, IN CONNECTION WITH THE CONTEMPLATED EXPANSION OF THE PRD TO INCLUDE PARCELS 2, 3, 4, 5, AND/OR 6, RESPECTIVELY, TO PROVIDE FOR THE IMPOSITION ON EACH PARCEL, AT SUCH TIME AS THE PRD IS EXPANDED TO INCLUDE SAID PARCEL, OF MUTUALLY BENEFICIAL RESTRICTIONS UNDER THE GENERAL PLAN OF IMPROVEMENT FOR THE BENEFIT OF ALL OF THE UNITS IN THE PRD AS EXPANDED, AND THEIR THEN FUTURE OWNERS, AND TO PROVIDE FOR THE RECIPROCAL RESTRICTIONS AND EASEMENTS AMONG, AND FOR THE BENEFIT OF, ALL OF THE UNITS AND UNIT OWNERS IN PARCELS 1, 2, 3, 4, 5, AND/OR 6 TO THE EXTENT THAT THE PRD IS EXPANDED. THEREFORE, DEVELOPER HEREBY DECLARES THAT AT SUCH TIME AS THE PRD IS EXPANDED TO INCLUDE ONE OR MORE ADDITIONAL PARCELS SUBJECT TO THE CONDITIONS PRECEDENT SET FORTH BELOW, SUCH PARCEL(S) SO INCLUDED IN THE PRD AS AND TO THE EXTENT EXPANDED SHALL BE HELD, CONVEYED, HYPOTHECATED, ENCUMBERED, LEASED, RENTED, USED, OCCUPIED AND IMPROVED SUBJECT TO THE FOREGOING COVENANTS, CONDITIONS AND RESTRICTIONS SET FORTH IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, ALL OF WHICH ARE HEREBY DECLARED AND AGREED TO BE IN FURTHERANCE OF A MUTUAL PLAN FOR THE IMPROVEMENT AND SALE OF PARCELS 1, 2, 3, 4, 5, AND/OR 6, AND ARE HEREBY ESTABLISHED AND AGREED UPON FOR THE PURPOSE OF ENHANCING AND PERFECTING THE VALUE, DE- SIRABILITY AND ATTRACTIVENESS OF PARCELS 1, 1, 3, 4, 5, AND/OR 6, AND THE PRD, AS EXPANDED, AS FOLLOWS8 (A) CONDITION PRECEDENT. THE PROVISIONS OF THIS PARAGRAPH SHALL BECOME EFFECTIVE UPON, BUT NOT BEFORE, THE RECORDING IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA, ON OR BEFORE TWO (2) YEARS AFTER THE ISSUANCE BY THE CALIFORNIA COMMISSIONER OF REAL ESTATE OF THE LAST FINAL PUBLIC REPORT ISSUED CONCERNING ANY PORTION OF THE EXHIBIT A REAL PROPERTY (BUT IN NO EVENT LATER THAN FIVE (5) YEARS FROM THE DATE OF RECORDATION OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS) OF A CERTIFICATE SIGNED AND ACKNOWLEDGED BY DEVELOPER (OR ITS SUCCESSORS IN INTEREST TO PARCELS 2, 3, 4, 5 AND/OR 6) WHICH (I) DESCRIBES PARCEL 1 AND THE ADDITIONAL PARCELS ADDED TO THE PRD, (II) REFERS TO THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND (III) DECLARES THAT IT IS DESIRED AND INTENDED THAT THE PROVISIONS OF THIS PARAGRAPH SHALL BECOME EFFECTIVE AND, THEREFORE, THAT THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL APPLY TO AND AFFECT THE PARCELS DESCRIBED IN THE CERTIFICATE, WHICH MUST AT THAT TIME BE OWNED BY DE- VELOPER (EXCEPT FOR ANY UNITS THERETOFORE SOLD BY DEVELOPER). SEPARATE CERTIFICATES MAY, AT THE OPTION OF DEVELOPER, BE RECORDED IN ACCORDANCE WITH THE PROVISIONS HEREOF. DEVELOPER (OR ITS SUCCESSORS IN INTEREST TO PARCELS 2, 3, 4, 5, AND/OR continued - TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. 6) RESERVES THE RIGHT AT ANY TIME AND FROM TIME TO TIME, WITHOUT REQUESTING OR RECEIVING THE CONSENT OF THE THEN OWNERS OF ANY PORTION OF THE EXHIBIT "A" REAL PROPERTY IS CONCERNED, TO RESUBDIVIDE, AMEND THE SUBDIVISION MAPS, MODIFY, ALTER OR OTHERWISE CHANGE THE LEGAL OR OTHER STATUS OR CONFIGURATION OF PARCELS 2, 3, 4, 3, AND/OR 6 TO THE EXTENT DEEMED NECESSARY BY DEVELOPER, TO SATISFACTORILY EXPAND THE PRD. AFTER THE TIME PERIOD SPECIFIED ABOVE, THE PROVISIONS OF THIS PARAGRAPH MAY BECOME EFFECTIVE ONLY PURSUANT TO AN AMENDMENT ADOPTED PURSUANT TO THE PROVISIONS OF PARAGRAPH 23. (B) EFFECT OF RESTRICTIONS UPON PARCELS 2 3 4 S AND/OR 6. SUBJECT TO RECORDING THE CERTIFICATE IN COMPLIANCE WITH PARAGRAPH (A), THIS DECLARATION OF COVENANTS, CONDITION;, AND RESTRICTIONS SHALL FURTHER APPLY TO AND AFFECT PARCELS 2, 3, 4, S, AND/OR 6 (OR WHICHEVER OF SAME MAY BE REFERRED TO AND DESCRIBED IN ANY SUCH CERTIFICATE) AND THE PRD, ALL OF THE UNITS IN THE PRD AS SO.EXPANDED, AND THEIR THEN FUTURE OWNERS, WITH THE SAME EFFECT AS IF THE PARCELS DESCRIBED IN THE CERTIFICATES) WERE ORIGINALLY SUBJECTED TO THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC- TIONS AND TO THE SAME EXTENT AND DEGREE AS THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL AND DOES APPLY TO AND AFFECT PARCEL 1 AND THE PRD CREATED UPON PARCEL 1, ALL OF THE UNITS IN THE PRD, AND THEIR THEN AND FUTURE OWNERS, EXCEPT THAT THE OBLIGATION TO PAY ASSESSMENTS AS PROVIDED FOR ABOVE SHALL ARISE AND ACCRUE AS TO EACH PARCEL ONLY FROM THE DATE OF THE CLOSING OF THE FIRST ESCROW CONCERNING THE SALE BY DEVELOPER OF A UNIT IN EACH SUCH PARCEL, AS THE CASE MAY BE. THEREUPON, THE POWERS AND RESPONSIBILITIES OF THE BOARD OF DIRECTORS SHALL BE CQ-EXTENSIVE WITH REGARD TO ALL PARCELS INCLUDED WITHIN THE PRD AS EXPANDED, THE BOARD OF DIRECTORS SHALL, PURSUANT TO THE PROVISIONS OF THIS DECLARA- TION OF COVENANTS, CONDITIONS AND RESTRICTIONS, CONSTITUTE THE BOARD OF DIRECTORS FOR THE PRD AS_EXPANDED, AND THE RIGHTS AND OBLIGATIONS OF THE UNIT OWNERS (AND VOTING OWNERS) OF THE UNITS IN THE PRD AS EXPANDED SHALL BE THE SAME AND IDENTICAL TO THE RIGHTS AND OBLIGATIONS OF THE UNIT OWNERS (AND VOTING OWNERS) OF THE UNITS IN THE PRD CREATED UPON PARCEL 1. THE BOARD OF DIRECTORS SHALL THEREUPON CONTINUE TO MAINTAIN ONE MAINTENANCE FUND ►OR THE COLLECTION AND DISBURSEMENT OF MONIES AS REQUIRED AND PERMITTED HEREBY FOR THE PRD AS EXPANDED, AND IN ALL RESPECTS AND MEANINGS, THE PRD.AS EXPANDED SHALL BE DEEMED TO BE A SINGLE PRD FOR THE PURPOSES AND IN ACCORDANCE WITH THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDI- TIONS AND RESTRICTIONS. (C) RECIPROCAL EASEMENTS. SUBJECT TO RECORDING A CERTIFICATE IN COMPLIANCE WITH SUBPARAGRAPH (A) OF THIS PARAGRAPH 19s (1) DEVELOPER HEREBY RESERVES, FOR THE BENEFIT OF AND APPURTENANT TO THE UNITS HEREINAFTER LOCATED UPON PARCELS 2, 3, 4, . S, AND/OR 6, OR ANY ONE OR MORE OF THEM, AND THEIR RESPECTIVE OWNERS, NON-EXCLUSIVE EASEMENTS TO USE THE COMMON AREAS IN PARCEL 1 OR IN THE PRU AS EXPANDED, PURSUANT TO THE PROVISIONS OF AND IN THE MANNER PRESCRIBED IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, TO THE SAME EXTENT AND WITH THE SAME EFFECT AS IF EACH OF THE OWNERS OF A UNIT IN PARCELS 2, 3, 4, S, AND/OR 6 HAD AN INTEREST, AS A MEMBER OF BEACHWALK HOMEOWNERS ASSOCIATION, IN THE COMMON AREAS OF THE PRD AS EXPANDED. (II) DEVELOPER HEREBY GRANTS, FOR THE BENEFIT OF AND APPURTENANT TO THE UNITS IN THE PRD CREATED UPON PARCEL 1, AND THEIR OWNERS, THE NON-EXCLUSIVE EASEMENTS TO USE THE COMMON AREAS IN THE PRD, PURSUANT TO THE PROVISIONS OF AND IN THE MANNER PRESCRIBED BY THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, TO THE SAME EXTENT AND WITH THE SAME EFFECT AS IF EACH OF THE OWNERS OF A UNIT IN PARCEL 1 HAD AN INTEREST IN THE COMMON AREAS Of THE PRD AS EXPANDED, BY REASON OF SUCH OWNER'S MEMBERSHIP IN BEACHWALK HOMEOWNERS ASSOCIATION. (D) AMENDMENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, THE PROVISIONS OF THIS PARAGRAPH 19 MAY NOT BE AMENDED WITHOUT THE PRIOR WRITTEN CONSENT OF DEVELOPER, AS TO ANY OF SAID PARCELS OWNED BY DEVELOPER. 20. AMENDMENT AND GRANTING OF EASEMENTS. DEVELOPER SHALL HAVE THE ABSOLUTE RIGHT AND POWER, AT ANY TIME TO ENTER INTO ANY WRITTEN AGREEMENT WITH THE CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION, CHANGING THE LOCATION OF ANY OF THE EASEMENTS GRANTED TO SAID CITY BY DEVELOPER, AND TO GRANT EASEMENTS TO THIRD PARTIES IN CONNECTION WITH THE DEVELOPMENT AND/OR IMPROVEMENT OF THE PRD. EACH UNIT OWNER IN THE PRD AS EXPANDED APPOINTS DEVELOPER AS HIS ATTORNEY-IN-FACT FOR THE PURPOSES OF EFFECTING SUCH AMENDMENT AND ALSO TO GRANT EASEMENTS AFFECTING SAID PARCELS, OR ANY ONE OR MORE OF THEM TO THIRD PARTIES IN CONNECTION WITH THE DEVELOPMENT AND/OR IMPROVEMENT OF SAID PARCELS AND THE POWER HEREIN GRANTED TO DEVELOPER SHALL BE AND IS A POWER COUPLED WITH AN INTEREST. 21. OIL FACILITY LOTS. EXCEPTED FROM PARCEL 1 AS DESCRIBED ON EXHIBIT A HERETO ARE CERTAIN OIL WELL SITES WHICH WILL BE HEREINAFTER DESIGNATED "OIL FACILITY LOTS." OTHER OIL FACILITY LOTS MAY BE LOCATED WITHIN BUT EXCEPTED FROM PARCELS 2, 3, 4, S AND/OR 6. SAID OIL FACILITY LOTS ARE PRESENTLY OWNED BY HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION. DEVELOPER HEREBY DESIRES AND INTENDS THAT AT SUCH FUTURE TIME OR TIMES AS ANY OIL FACILITY LOT OR LOTS MAY BE ABANDONED FOR UTILIZATION IN CONNECTION WITH OIL PRODUCTION, SUCH OIL FACILITY LOT OR LOTS SHALL BE TRANSFERRED AND CONVEYED TO THE ASSOCIATION FOR INCLUSION WITHIN THE PRD. AT SUCH TIME AS ANY OIL FACILITY LOT OR LOTS SHALL BE AVAILABLE FOR IN- CLUSION WITHIN THE PAD, DEVELOPER SHALL CAUSE A CERTIFICATE SIMILAR TO THE CERTIFICATE PROVIDED FOR IN PARAGRAPH 19(A) HEREOF, TO BE EXECUTED AND RECORDED, AND UPON SUCH RECORDATION THE OIL FACILITY LOT OR LOTS DESCRIBED IN SUCH CERTIFI- CATE SHALL BECOME A PART OF THE PRD, AND THE PROVISIONS OF PARAGRAPH 19 SHALL BE APPLICABLE THERETO. 22. TEMPORARY STREET CLOSING. DEVELOPER RESERVES THE RIGHT, UNTIL SUCH TIME AS IT HAS SOLD ALL OF THE UNITS WITHIN.THE PRD, TO CLOSE TO VEHICULAR TRAFFIC THE PRIVATE STREET LOCATED IN THE AREA OF THE MODEL COMPLEXES WHICH DEVELOPER WILL CONSTRUCT, SO LONG AS SUCH ACTION DOES NOT PREVENT ANY UNIT FROM HAVING VEHICULAR ACCESS TO A PUBLIC STREET. 23. AMENDMENTS-TERMINATION. THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS MAY BE AMENDED OR TERMINATED BY AN INSTRUMENT IN WRITING, SIGNED AND ACKNOWLEDGED BY THE OWNERS OF AT LEAST THREE-FOURTHS (3/4) OF THE UNITS IN THE " PRD AFTER APPROVAL OF THE AMENDMENT OR TERMINATION AT A MEETING OF THE VOTING OWNERS DULY CALLED FOR SUCH PURPOSE, WHEREUPON THE AMENDMENT OR TERMINATION SHALL BECOME EFFECTIVE UPON ITS RECORDATION IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. - continued - . 9 . TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. 24. ATTORNEYS' FEES. IN THE EVENT AN ATTORNEY IS ENGAGED BY THE BOARD OF DIRECTORS FOR THE ENFORCEMENT OR DEFENSE OF ANY OF THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, THEN THE PREVAILING PARTY IN ANY RESULTING LITIGATION SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY TO THE CONTROVERSY A REASONABLE SUM FOR ATTORNEYS' FEES. 25. INTERPRETATION. AS USED IN THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THE MASCULINE GENDER SHALL IN- CLUDE THE FEMININE, AND THE SINGULAR NUMBER SHALL INCLUDE THE PLURAL, AS THE CONTEXT MAY REQUIRE. THE TITLES OR HEADINGS OF THE PARAGRAPHS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ARE NOT A PART OF IT AND SHALL HAVE NO AFFECT UPON THE INTERPRETATION OF ANY OF ITS PROVISIONS. 26. SEVERABILITY OF PROVISIONS. THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL BE DEEMED INDEPENDENT AND SEVERABLE, AND THE PARTIAL OR COMPLETE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISIONS SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISIONS. 27. BINDING ON SUCCESSORS. THE PROVISIONS OF THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS SHALL BIND AND RUN WITH THE PROPERTY AND SHALL INURE TO THE BENEFIT OF, AND BE BINDING UPON THE HEIRS, LEGATEES, DEVISEES, EXECUTORS, ADMINISTRATORS, GUARDIANS, CONSERVATORS, SUCCESSORS IN INTEREST, PURCHASERS, LESSEES, ENCUMBRANCERS, DONEES, GRANTEES, MORTGAGEES, LIENORS, ASSIGNS OF AND FROM EACH UNIT OWNER, AND EACH PERSON HAVING OR ACQUIRING ANY RIGHT, TITLE OR INTEREST IN THE PRD OR ANY PORTION OF IT. DATEDt MARCH 22, 1972 MANSION-HALL COMPANY, A PARTNERSHIP BY: MANSION PROPERTIES, INC., A CALIFORNIA CORPORATION PARTNER BY R. J. MIESCKE PRES. BY G. J. GOODWIN SECY TREAS BY: A. J. HALL CORPORATION, A CALIFORNIA CORPORATION, PARTNER BY ALVIN J. HALL - PRES BY MATHEW LOONIN - VICE PRES HUNTINGTON BEACH COMPANY, THE OWNER OF THE OIL FACILITY LOTS REFERRED TO IN PARAGRAPH 21 OF THE FOREGOING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, HEREBY AGREES TO TRANSFER AND CONVEY THE OIL FACILITY LOTS TO THE BEACHWALK HOME- OWNERS ASSOCIATION, BUT ONLY SUBJECT TO THE PROVISIONS OF SAID PARAGRAPH 21, LESS AND EXCEPT CERTAIN EXCEPTIONS AND RE- SERVATIONS WHICH SHALL BE THE SAME AS THOSE EXCEPTIONS AND RESERVATIONS SET FORTH IN THAT CERTAIN DEED FROM HUNTINGTON BEACH COMPANY TO MANSION-HALL COMPANY DATED OCTOBER 28, 1971, RECORDED NOVEMBER 4, 1971, IN BOOK 9875, PACE 598 OF OFFI- CIAL RECORDS OF ORANGE COUNTY. EXCEPT AS EXPRESSLY PROVIDED FOR IN SAID PARAGRAPH 21, HUNTINGTON BEACH COMPANY IS IN NO WAY AFFECTED BY OR CONCERNED WITH THE FOREGOING DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. DATEDt MARCH 22 1972 HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION BY W. E. FOSTER VICE PRES. BY G. J. GOODWIN ASS'T SECY l - continued - r 10 - TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO, BENEFICIARY UNDER THOSE CERTAIN DEEDS OF TRUST FILED FOR RECORD ON NOVEMBER 4, 1971, IN BOOK 9875, PAGES 606 AND 610, RESPECTIVELY, OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, HEREBY AGREES THAT THE LIEN AND CHARGE OF SAID DEEDS OF TRUST ARE AND SHALL BE SUBJECT AND SUBORDINATE TO THE WITHIN DE- CLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. DATEDt MARCH 14, 1972 HONS FEDERAL SAVINGS AND LOAN ASSOCIATION OF SAN DIEGO BY ROBERT F. ADELIZZI BY T. C. YOUNG HUNTINGTON BEACH COMPANY, BENEFICIARY UNDER THAT CERTAIN DEED OF TRUST FILED FOR RECORD ON NOVEMBER 4, 1971, IN BOOK 9875, PAGE 616, AS INSTRUMENT NO. 3945 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, HEREBY AGREES THAT THE LIEN AND CHARGE OF SAID DEED OF TRUST ARE AND SHALL BE SUBJECT AND SUBORDINATE TO THE WITHIN DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS. DATEDs MARCH 22ND, 1972 HUNTINGTON BEACH COMPANY, A CALIFORNIA CORPORATION BY W. E. FOSTER VICE PRES BY G. J. GOODWIN ASS'T SECY EXHIBIT "A" PARCEL 1 SHALL BE LOTS 1 THROUGH 97 OF TRACT NO. 7473, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 293, PAGES 33 THROUGH 40, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RE- CORDER OF SAID COUNTY. PARCEL 2 SHALL BE LOT 2 AS SHOWN ON TENTATIVE TRACT MAP NO. 7155 FILED WITH THE CITY OF HUNTINGTON BEACH, A COPY OF WHICH IS ATTACHED HERETO, AS EXHIBIT B, PLUS THAT PORTION OF LOT 1* NOT INCLUDED WITHIN THE ABOVE DESCRIPTION FOR PARCEL 1. PARCEL 3 SHALL BE LOT 3 AS SHOWN ON SAID TENTATIVE TRACT MAP NO. 7155. PARCEL 4 SHALL BE LOT 4 AS SHOWN ON SAID TENTATIVE TRACT MAP NO. 7155. PARCEL 5 SHALL BE LOT 5 AS SHOWN ON SAID TENTATIVE TRACT MAP NO. 7155. PARCEL 6 SHALL BE LOT 6 AS SHOWN ON SAID TENTATIVE TRACT MAP NO. 7155. EXCEPTING FROM THE FOREGOING REAL PROPERTY CERTAIN WELL SITES DESCRIBED AS FOLLOWSt WELL SITE E-12 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF DEEP HARBOR LANE WITH THE CENTERLINE OF GOLDEN WEST STREET AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 6453 RECORDED IN BOOK 247, PAGES 23 TO 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTYI THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF THE SAID CENTERLINE OF DEEP HARBOR LANE, SOUTH 48' 21' 10" EAST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 PEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48' 56' 30" AN ARC DISTANCE OF 170.84 FEET, THENCE TANGENT TO SAID CURVE SOUTH 0' 35' 20" WEST 61.91 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 150.00 FEET, A RADIAL LINE TO SAID LAST MENTIONED CURVE BEGINNING BEARS NORTH 0' 35' 20" EASTt THENCE SOUTH- WESTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 48' 56' 30" AN ARC DISTANCE OF 128.13 FEETI THENCE TANGENT TO SAID LAST MENTIONED CURVE, SOUTH 41' 26' DO" WEST 297.98 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 100.00 FEETI THENCE SOUTHERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 66' 29' 50" AN ARC DISTANCE OF 116.06 FEET{ THENCE TANGENT TO SAID LAST MENTIONED CURVE, SOUTH 24' 51' 00" EAST 13.12 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 65' 09' 00" EAST 115.00 FEETI THENCE SOUTH 24' 51' 00" EAST 74.00 FEET; THENCE SOUTH 65' 09' 00" WEST 150.00 FEET{ THENCE NORTH 24' 51' 00" WEST 74.00 FRET; THENCE NORTH 65' 09' 00" EAST 35.00 FEET TO THE TRUE POINT OF BEGINNING. *OF SAID TENTATIVE TRACT MAP NO. 7155 - continued - TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. WELL SITE E-14 BEGINNING AT THE INTERSECTION OF THE CENTERLINES OF DEEP HARBOR LANE AND GOLDENWEST STREET AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 6453 RECORDED IN BOOK 247, PAGES 13 TO 27 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID CENTERLINE OF DEEP HARBOR LANE, SOUTH 48' 21' 10" EAST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 48' 56' 30" AN ARC DISTANCE OF 170.84 FEET; THENCE TANGENT TO SAID CURVE SOUTH 0' 35' 20" WEST 66.67 FEET; THENCE SOUTH 89' 24' 40" EAST 40.00 FEET TO THE TRUE POINT OF BE- GINNING; THENCE NORTH 0' 35' 20" EAST 127.00 FEET; THENCE SOUTH 78' 34' DO" EAST 86.00 FEET; THENCE SOUTH 5° 41' 58" WEST 151.25 FEET; THENCE NORTH 85' 47' 01" WEST 71.13 FEET; THENCE NORTH 0' 35' 20" EAST 35.33 FEET TO THE TRUE POINT OF BE- GINNING. WELL SITES E-3 AND E-34 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF GOLDEN WEST STREET WITH THE CENTERLINE OF DEEP HARBOR LANE, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 6453 RECORDED IN BOOK 247, PAGES 23 TO 27 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID CENTERLINE OF DEEP HARBOR LANE, SOUTH 48' 21' 10" EAST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48' 56' 30" AN ARC DISTANCE OF 170.84 FEET; THENCE TANGENT TO SAID CURVE SOUTH 0' 35' 20" WEST 78.OQ FEET TO THE.BEGJNNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 486.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 28' 31' 08" AN ARC DISTANCE OF 241.91 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 27' 55' 48" EAST 58.51 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 320.00 FEET, A RADIAL LINE TO SAID LAST MEN- TIDNED POINT BEARS NORTH 27° 55' 48" WEST; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 16' 12' 41" AN ARC DISTANCE OF 90.54 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY, HAVING A RADIUS OF 960.00 FEET; THENCE EASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 21' 29, 29" AN ARC DISTANCE OF 360.09 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 66' 28' 37" AN ARC DISTANCE OF 232.05 FEET TO A POINT ON A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1080.00 FEET, A RADIAL LINE TO SAID LAST MENTIONED POINT BEARS NORTH 76' 14' 59" EAST; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 0' 49' 26" AN ARC DISTANCE OF 15.53 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 14' 34' 27" EAST 42.75 FEET; THENCE NORTH 75' 25' 33" EAST 39.81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 200.00 FEET; THENCE EASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 18' 42' 56" AN ARC DISTANCE OF 65.33 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE, SOUTH 85' 51' 31" EAST 3.49 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 4' 08' 29" EAST 33.71 FEET; THENCE NORTH 67' 56' 52" EAST 46.95 FEET; THENCE SOUTH 74' 32' 45" EAST 131.79 FEET; THENCE SOUTH 15' 27' 15" WEST 94.00 FEET; THENCE NORTH 74' 32' 45" WEST 155.95 FEET; THENCE NORTH 4' 08' 29" EAST 33.00 FEET TO THE TRUE POINT OF BEGINNING. WELL SITE E-11 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF GOLDEN WEST STREET WITH THE CENTERLINE OF DEEP HARBOR LANE, AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 6453 RECORDED IN BOOK 247, PAGES 23 TO 27 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE ALONG THE SOUTHEASTERLY PROLONGATION OF SAID CENTERLINE OF DEEP HARBOR LANE, SOUTH 48' 21' 10" EAST 60.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 48' 56' 30" AN ARC DISTANCE OF 170.84 FEET; THENCE TANGENT TO SAID CURVE SOUTH 0' 35' 20" WEST 78.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 486.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 28' 31' 08" AN ARC DISTANCE OF 241.91 FEET; THENCE'TANGENT TO SAID LAST MENTIONED CURVE SOUTH 27' 55' 48" EAST 58.51 FEET TO A POINT ON A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 320.00 FEET, A RADIAL LINE TO SAID LAST MEN- TIONED POINT BEARS NORTH 27' 55' 48" WEST; THENCE NORTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 16' 12' 41" AN ARC DISTANCE OF 90.54 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 960.00 FEET; THENCE EASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 21' 29' 29" AN ARC DISTANCE OF 360.09 FEET TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 200.00 FEET; THENCE SOUTHEAST- ERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 66' 28' 37" AN ARC DISTANCE OF 232.05 FEET TO A POINT ON A REVERSE CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 1080.00 FEET, A RADIAL LINE TO SAID LAST MENTIONED POINT BEARS NORTH 76' 14' 59" EAST; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 0' 49' 26" AN ARC DISTANCE OF 15.53 FEET; THENCE TANGENT TO SAID LAST MENTIONED CURVE SOUTH 14' 34' 27" EAST 85.76 FEET TO THE BE- GINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 470.00 FEET; THENCE SOUTHEASTERLY ALONG SAID LAST MENTIONED CURVE, THROUGH A CENTRAL ANGLE OF 23' 50' 13" AN ARC DISTANCE OF 195.54 FEET; THENCE SOUTH 51' 35' 20" WEST 135.06 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 600.00 FEET; THENCE SOUTHWEST- ERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 4' 25' 54" AN ARC DISTANCE OF 46.41 FEET; THENCE NON-TANGENT TO SAID LAST MENTIONED CURVE, NORTH 78' 28' 00" WEST 46.56 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 11' 32' 00" WEST 37.00 FEET; THENCE NORTH 78' 28' 00" WEST 150.00 FEET; THENCE NORTH 11' 32' 00" EAST 74.00 FEET; THENCE SOUTH 78' 28, 00" EAST 150.00 FEET; THENCE SOUTH 11' 32' 00" WEST 37.00 FEET TO THE TRUE POINT OF BEGINNING. - continued - 1 - 12 - + r TRACT NOS. 7473 AND 7155 IN BOOK 10053, PAGE 737, 0. R. WELL SITE E-19 BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF 17TH STREET WITH THE CENTERLINE OF PALM AVENUE AS SAID INTERSECTION IS SHOWN ON THE MAP OF TRACT NO. 260 RECORDED IN BOOK 13;_PAGE 34 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RE- CORDER OF SAID COUNTY; THENCE ALONG SAID CENTERLINE OF 17TH'STREET, NORTH 41' 39' 49" EAST 934.50 FEET; THENCE NORTH 480 20' 11" WEST 82.00 FEET; THENCE SOUTH 41° 39- 49" WEST 214.46 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 480 20, 11" EAST 37.00 FEET TO THE NORTHWESTERLY LINE OF SAID 17TH STREET+ THENCE ALONG SAID 17TH STREET SOUTH 41° 391 49" WEST 150.00 FEET; THENCE NORTH 480 20' 11" WEST 74.00 FEET; THENCE NORTH 41" 391 49" EAST 150.00 FEET1 THENCE SOUTH 48° 20- 11" EAST 37.00 FEET TO THE TRUE POINT OF BEGINNING. FURTHER EXCEPTING FROM THE FOREGOING REAL PROPERTY THE RESERVATIONS AND EXCEPTIONS CONTAINED IN THAT CERTAIN CORPORATION QUITCLAIM DEED FROM HUNTINGTON BEACH COMPANY TO MANSION-HALL COMPANY, DATED OCTOBER 28, 1971, AND RECORDED NOVEMBER 4, 1971, IN BOOK 9875,'PAGE 598, OF OFFICIAL RECORDS OF SAID ORANGE COUNTY.- 1 � r - - -- ----� --- - --- - - - --- - - - 47- S'.3 C--e -7�- - -_-- - - --- -- - - "}7 f -=- -------- - -=- - = - - �9 �1 - - - - - -- ----- - -- - --- - 1 1 el - - - - - -- -- --- -- f PETITION We, the undersigned, being over 51% of the. owners of BEACHWALK/HUNTINGTON SEACLIFF, Tracts 7473, 8003, 8224, 8247, 8248., and 7155, City of Huntington Beach, County of Orange, State of California, do hereby petition the City Council of the City of Huntington Beach that that body find and declare the roads in the foregoing areas are privately owned and maintained and not generally open to the public for purposes of vehicular traffic, but by reason of their proximity to or connection with highways, and that the interests of the undersigned property owners will be best served by application of the California Vehicle Code-to such roads pursuant to California Vehicle Code Section 21107.7. NAME TRACT LOT# ADDRESS Publish G d NOTICE OF PUBLIC HEARING BEACHWALK/HUNTINGTON SEACLIFF PETITION FOR APPLICATION OF CVC SECTION 211.07.7 TO PRIVATE STREETS NOTICE IS. HEREBY GIVEN that a public hearing will be held by the City Council of the City of Huntington Beach., in the Council Chamber of the Civic Center, Huntington Beach, at the hour of P.M: , or as soon thereafter as possible on Tuesday the 8th day of July. 19 80 . for the purpose of considering a petition for application of Section 21107.7 of the State of California Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts 7473, 8003, 8224, 8247, 8248 and 7155,for vehicle violation enforcement by the Police Department. All interested persons are invited to attend said hearing and express their opinions for or against said petition. Further information may be obtained from the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. 92648 - (714) 536-5227 DATED e4m '80 CITY OF HUNTINGTON BEACH By: Alicia M. Wentworth City Clerk