Loading...
HomeMy WebLinkAboutPM 94-101 Metlife 15622 to 15702 Producer Ln. - 8-1-94 NOTICE OF OMPLIANCE WITH C#NDITIONS ON TRACT/P RCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: q • 12, • FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. '—'— PARCEL MAP NO. PARK AND RECREATION FEES PAID: ❑ YES $ 9NO OTHER: v for: Howard Zelefsky Planning Director activities and business of Owner of such Lot, or such Owner's Occupants. Section 1.02 "City" shall mean and refer to the City of Huntington Beach, County of Orange, State of California. Section 1.03 "Covered Property" shall mean and refer to all the real property described on Exhibit "A" attached hereto. Section 1.04 "Declarant" shall mean and refer to Metropolitan Life Insurance Company, a New York corporation, its successors and assigns. Section 1. 05 "Exhibit" shall mean and refer to those documents so designated herein and attached hereto, each of which is by this reference incorporated in and made a part of this Declaration. Section 1.06 "Lot" shall mean each of the separate legal parcels now or hereafter comprising a portion of the Covered Property as such separate legal parcels may be affected by any parcel map or tract map filed for record to the extent such parcel is part of the Covered Property. Section 1. 07 "Mortgage" shall mean and refer to any duly recorded mortgage or deed of trust encumbering a Lot. Section 1. 08 "Mortgagee" shall mean and refer to the mortgagee or beneficiary under any Mortgage. A "First Mortgagee" shall mean the holder of a Mortgage that has priority over any other Mortgage encumbering a Lot. Section 1.09 "Occupant" shall mean and refer to the employees, tenant, subtenants, contractors, assigns, licensees, invitees, permittee, and others who utilize an Owner's Lot. Section 1. 10 "Owner" shall mean and refer to one or more persons or entities who alone or collectively are the record Owner of fee simple title to a Lot, including Declarant, or the vendee under an installment land sales contract, but excluding those having any such interest merely as security for the performance of an obligation. If the ownership of any building on any portion of the Covered Property shall ever be severed from the Lot, whether by lease or by deed, the Owner(s) of the interest in the Lot and not the Building shall be deemed an Owner hereunder. If a Lot is leased, the Owner of the fee title and not the lessee of such Lot shall be deemed the Owner, regardless of the duration of the lease. Section 1. 11 General Declaration. Declarant hereby declares that all of that real property located in the City of Huntington- Beach, County of Orange, State of California, more emp/a/huntington.a24 August 24, 1994 2 particularly described in Exhibit "A", is, and shall be, conveyed, hypothecated, encumbered, leased, occupied, built upon or otherwise used, improved or transferred in whole or in part, subject to this Declaration. All of the covenants, conditions and restrictions set forth herein are declared and agreed to be for the purpose of enhancing and protecting the value, desirability and attractiveness of the Covered Property and every part thereof. All of said covenants, conditions and restrictions shall run with all of the Covered Property for all purposes and shall be binding upon and insure to the benefit of Declarant and all Owners, occupants, and their successors in interest as set forth in this Declaration. All covenants, conditions or restrictions and agreements herein contained .are made for the direct, mutual and reciprocal benefit of each and every Lot of the Covered-:;Property; shall create mutual equitable servitudes upon each Lot..-.-in favor of every other Lot; shall create reciprocal rights and obligations between respective Owners and Occupants on all Lots and privity of contract and estate between all grantees of said Lots, their heirs, successors and assigns; and shall, as to the Owner and Occupant of each Lot, his heirs, successors and assigns, operate as covenants running with the land, for the benefit of all other Lots, except as provided otherwise herein. ARTICLE II MAINTENANCE; CERTAIN RESTRICTIONS REGARDING USE Section 2. 01 Owners' Duties. Each Owner shall maintain in good order, repair and condition all fences, walls or other structures, lawns, landscaping, the exterior of all Buildings and any other improvements, all exterior lighting, all exterior signs and all other areas located on such Owner's Lot in a first class , condition. All repairs shall be at least of equivalent quality and design as the original work. All windows and exterior surfaces of any Building or any other improvements shall be washed and cleaned regularly. All trash and rubbish shall be kept in enclosed containers as required by the City of Huntington Beach. Each Owner shall maintain its Lot in compliance with all applicable parking requirements of the City of Huntington Beach. Section 2. 02 Destruction of Owner's Building or Other Structures. If any Building or other structure located on an Owner's Lot is destroyed by any casualty, the Owner of such Lot shall either promptly reconstruct such Building or other structure at such Owner's sole costs in accordance with applicable laws and covenants, conditions and restrictions and return the Building to an operating condition in as fast . and efficient a means as possible, or to the extent the Owner of such Lot elects not to restore such Building or other structure, such Owner shall promptly raze such damaged or destroyed Building or other structure and shall forthwith grade, pave, and/or landscape the area on which emp/a/huntington.a24 August 24, 1994 3 such Building or other structure was located in .a safe and sightly condition. Section 2 . 03 Certain Restrictions Regarding Use. (a) The ratios (the "Authorized Ratios") of square footage devoted to office, warehouse, and manufacturing uses at the Property as of the date hereof are as follows: Parcel 1 Parcel 2 Parcel 3 Office 7,800 14. 3% 13, 584 24. 0% 20,700 34.7$ Warehouse 46,782 85.7% 43, 012 76.0% 15,575 26. 1% Manufacturing 0 0. 0% 0 0. 0$ 23, 364 39.2% Total 54 ,582 100. 0% 56,596 100.0% 59,639 100.0% (Parcel 1, Parcel 2, and Parcel 3 refer to Parcel 1, Parcel 2 and Parcel 3 as shown on Exhibit A. ) The ratios of square footage devoted to office, warehouse, and manufacturing uses at each of the above-referenced Parcels may not exceed the respective Authorized Ratios set forth above without the prior written consent of the City of Huntington Beach. (b) As a condition of obtaining a certificate of occupancy for all or any portion of a Parcel, the Owner seeking the certificate of occupancy shall submit a list of tenants and other occupants at such Owner's Parcel, which list shall set forth the square footage occupied by such tenant or occupant, the total square footage within the improvements located on the Parcel (whether occupied or unoccupied) , and the then-current ratio of square footage devoted to office, warehouse, and manufacturing uses at the Property after giving effect to the occupancy permitted by the certificate of occupancy. (c) Notwithstanding anything in this Section 2 . 03 to the contrary, in the event uses other than office, warehouse and manufacturing are permitted at the Property, then an Owner may devote such portion of such Owner's Parcel to such additional permitted use as may be in compliance with law, and an Owner may amend the Authorized Ratios to include such additional permitted use or uses, provided that the Authorized Ratios, as so amended, remain in compliance with law. emp/a/huntington.a24 August 24, 1994 4 • ARTICLE III EASEMENTS Section 3. 01 Easement in Favor of Declarant. Declarant hereby reserves to itself and to its successors and assigns, including all subsequent Owners, a non-exclusive easement for ingress, egress, construction and maintenance purposes over such portions of the Covered Property as may be reasonably necessary for Declarant or such Owners to enjoy its respective rights as herein created and to discharge its obligations as described in this Declaration. Section 3. 02 Easement for Ingress, Egress and Traffic Circulation. There is hereby reserved to Declarant, and to all Owners of Lots within the Covered Property, non-exclusive easements of ingress, egress and traffic circulation over and upon the designated parking area and traffic circulation patterns as shown on Parcel Map No. 94-101 filed for record on , 1994 upon the Covered Property for the sole purposes of vehicular and pedestrian ingress and egress and traffic circulation to and throughout the Covered Property; provided, however, that nothing herein shall prohibit any Owner from further improving, using or granting easements over its Lot for any lawful purposes, including without limitation, construction of permanent structures and the creation of utility easements and installations, provided such improvements, uses or easements do not substantially restrict the rights of parking, ingress, egress and traffic circulation established herein. Section 3 .03 Dominant and Servient Estates. Each easement granted or reserved pursuant to the provisions hereof is expressly for the benefit of each Lot and the Lot so benefited shall be the dominant estate and the Lot upon which each such easement is located shall be the servient estate and each such easement shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the Declarant. ARTICLE IV DEFAULT BY OWNER Section 4 . 01 Cure of Defaults. If any Owner defaults in the performance of any of its obligations or agreements set forth herein, the remaining Owners shall have the right, but not the obligation, to cure such default for the account of and at the expense of such Owner,, and shall be permitted to enter upon any Owner's Lot to effect such cure. The remaining Owners shall have the right to recover from such Owner all costs and expenses incurred in connection with such cure, plus interest on said emp/a/huntington.a24 August 24, 1994 5 amounts at the lesser of thirteen percent (13%) per annum or the maximum amount permitted by law, from the date such costs and expenses are paid by the remaining Owners; provided, however, that the foregoing remedy shall not be exercisable until thirty (30) days following written notice of such breach to such Owner, and only if the breach has not been cured (or the cure commenced and diligently prosecuted) during said thirty (30) day period. Mortgagees shall have the right to cure such defaults within the applicable cure periods set forth above. Section 4.02 Costs and Expenses. All costs and expenses of curing any default of an Owner, together with interest on said amounts pursuant to Section 4.01, shall be charged against such Owner and shall be payable upon demand. Should such Owner fail to pay such costs and expenses within ten (10) days of its receipt of such written demand, such costs and expenses and/or any unpaid assessments, shall also constitute an assessment and lien upon such Owner's Lot until paid, effective upon recordation of a verified notice of lien in the Official Records of Orange County, California. Any such lien shall be subject and subordinate to any bona fide Mortgage encumbering any portion to such Owner's Lot at the time such notice of lien is recorded, and any purchaser at any foreclosure or trustee's sale (as well as any grantee by deed in lieu of foreclosure or trustee's sale) under any such bona fide Mortgage shall take title free and clear of any such lien, but otherwise subject to these covenants, conditions and restrictions. Except as provided above, any such lien shall be prior and superior to any lien recorded subsequent to the recordation of such notice of lien. Any such lien may be enforced by suit or action in any court of competent jurisdiction or by sale under power of sale (which power of sale is hereby granted) , judicial foreclosure or in any other manner allowed by law. Any exercise of the power of sale provided for above shall be conducted in accordance with Sections 2924 et seq. of the Civil Code of the State of California applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted or provided by law. Declarant is hereby appointed the trustee for. purposes of exercising the power of sale herein granted with full power of substitution. Section 4 . 03 Attorneys' Fees. In any legal or equitable proceeding for the enforcement, or to restrain the violation of these restrictions or any provisions hereof, the losing party shall pay to the prevailing party the prevailing party's actual attorneys' fees, costs and expenses incurred in connection with the prosecution or defense of such action. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. Section 4. 05 No Waiver; Enforcement by Owner. The failure of Declarant to enforce any provision of this Declaration emp/a/huntington.a24 August 24, 1994 6 r i or to seek redress for any breach of the provisions hereof shall in no event be deemed a waiver of the right to do so thereafter; provided, however, if the Declarant shall fail to enforce• the provisions hereof within thirty (30) days after the delivery to Owner of a written demand from Owners owning more than fifty percent (50%) of the Lots in the Covered Property (such Owners being referred to herein as a "Majority of Owners") specifying in detail the alleged default and required compliance, then any Owner shall be authorized to enforce the provisions of this Declaration. Declarant shall in no way be liable to the Owners or Occupants for its refusal or failure to enforce any of the provisions of this Declaration or for its waiver of such provisions or any violations thereof. Section 4.06 Effect of Foreclosure and .Protection .:Of Mortgagees. If any Lot subject to a monetary lien created by' any provision hereof shall be subject to the lien of a Mortgage: (a) the foreclosure of any lien created herein or pursuant hereto shall not operate to affect or impair the lien of such Mortgage; and (b) the foreclosure of the lien of such Mortgage, the acceptance of a deed in lieu of foreclosure of such Mortgage or a sale under a power of sale included in such foreclosure shall not operate to affect or impair the lien hereof; provided that all of these restrictions shall be binding upon and effective against any Mortgagee or subsequent Owner of the property or any portion thereof (herein collectively, the "Owner-Mortgagee") whose title is acquired by foreclosure, trustee's sale, deed in lieu of foreclosure or otherwise pursuant to such lien rights, except that (i) such Owner-Mortgagee shall take title free and clear of any violations incurred or occurring prior to such acquisition of title and of any lien imposed hereunder; (ii) such Owner-Mortgagee shall be liable hereunder only during the period of its fee ownership of any Lot and only to.the extent attributed to such period; and (iii) the Owner-Mortgagee shall be released from any such liability upon any transfer to another person or entity which duly and validly assumes all such liability with respect to such period. i ARTICLE V GENERAL PROVISIONS Section 5.01 Covenants to Run with the Land; Term. The covenants, conditions and restrictions of this Declaration shall run with and bind the Covered Property and shall inure to the benefit of and be enforceable for a term commencing upon the date hereof and terminating thirty (30) years from the date hereof; provided, however, unless one (1) year prior to the expiration of said thirty (30) year term there shall be recorded an instrument executed by a Majority of Owners directing the termination of the covenants, conditions and restrictions herein contained, said emp/a/huntington.a24 August 24, 1994 7 . REQ UESV FOR CITY COUNCR ACTION P� Date: August 1, 1994 Submitted to: Honorable Mayor and City Council Submitted by: Michael T. Uberuaga, City Administral�� Prepared by: Ray Silver, Assistant City Administrator Aw APPROVED BY CITY COUNCIL '.4-A-1k Subject: PARCEL MAP NO. 94-101 Consistent with Council Policy? [Xi Yes MY CLOCK ----------------------------------------------------------------------------------------------------------------------------------------------------------n Statement of Issue,Recommended Action,Analysis,Environmental Status,Funding Source,Alternative Action,Attachments:! �� ----------------------------------------------------------------------------------------------------------------------------------------!!!✓✓✓ STATEMENT OF ISSUE: Metlife is requesting approval of Parcel Map No. 94-101 to subdivide one (1) parcel of land into-three (3) parcels pursuant to the provisions of the Subdivision Map Act and Section 9921 of the Huntington ,Beach Ordinance Code. RECOMMENDED ACTION: Approve Parcel Map No 94-101 with a finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on April 15, 1994 and instruct the City Clerk to affix her signature to the map, and to release the map to the County for processing. ANALYSIS: Tentative Parcel Map No. 94-101 was approved by the Zoning Administrator on April 15, 1994. Parcel Map No. 94-101 has been examined by the City Engineer and certified by him as being in substantial conformance with the approved tentative map. Pursuant to Government Code Section 66474.1, the Council may approve the Parcel Map with a finding that the Parcel Map is in substantial conformance with the previously approved tentative map, or may deny approval with a finding that the parcel map is not in substantial conformance. Following is a list of project data: Subdivider: Metlife, 24422 Avenida De La Carlota, # 300, Laguna Hills, Ca. 92653 Engineer: Psomas & Associates, 3187 Redhill Ave., #250, Costa Mesa, Ca. 92626 Title Co.: Chicago Title Insurance Co., 825 N. Broadway, Santa Ana, Ca. 92701 Location: 15622 to 15702 Producer Lane Parcels: 3 Acreage: 7.052 Zone: 100-M1-A- 20,000 Request for City Council Action • • Parcel Map No.94-101 August 1, 1994 Page 2 ENVIRONMENTAL STATUS: This project is categorically exempt per Section 15315, Class 15 of the California Environmental Quality Act. ALTERNATIVE ACTION: Deny approval of Parcel Map No. 94-101 with a finding that the Parcel Map is not in substantial conformance with the tentative map previously approved by the Zoning Administrator on April 13, 1994. ATTACHMENTS: (a) Location Map (b) Tentative Parcel Map No.94-101 (c) Conditions of Approval RS:REE:BPC:bpc PM94-I O1.DOC SECTIONAL DISTRICT MAP 16-5-II CITY OF HUNTINGTON BEACH ORANGE COUNTY, CALIFORNIA USE OF PROPERTY MAP e s 6 9 0 BOLSA ~ m I j I� AVE. N I i I I IIIJ i UCRiv� DR N y OCE.M$ DR K'0.CR ARG-'ISY Are. � 8 YA MAN DR I r} i I GALw4r cR. z 1 m A — SPIAN CR.< i' 111 11 a � m Mc FADDEN AVE I J 1PARTRIDGE ic CF—E .HC.IA.N, 1 i c i I u Dmw00D DR _ E J J J OU41L CR . i i RCSENIW DR R[aCY1W oo FL141NG0 CR I i c"D I IN US. IAL BLUEJAY cR¢ Q u L� RoBlNwooD DR C F—E V i I I j L J Ow DR._ CF-Ro W SKYLARK R. 2ci fx _. I 0. C.. F. C. D. c. F. C.66 D. L_ t EDINGER AVE. r— n a w le m z� :Ilu (a) Location Map P� _- - D IR—i"br W-{DE O.C:FT�R7w—PErT"0�7-GTi ,II i �litIlI1V—moi- - i i II�aRIIKV..,'t�.ISIt��WIaINGw�,�StsII�,SO.Oa�ILITNNj—Ii l I � _7 r lC/L SPRINGOALE ST. FCL� 1 `I 7.05 ACRES' to a DI �IP - �j - � l.._ �- I I1I m II w , ° RatLP-xa,taxr,tax, — ,— � I" � (° ��°o�: ^" II II III NI II II ll II w II_II ses sZ Jc yl II--,I IhI II �.li s' '�y'= `'I:. C•i o--.so.m• _ _ _ ._—_.Noo•:bT•w —. .._—....ioz.cr. -"-" — —�C/L PRODUCER 6LANE ;9 - 5 71 -- GF.xD o•..:Iz�A' 51 34 .. LEGEND Oj r.xrn xlAAt[x ENGINEER, N C/L RESEARCH DRIVE --- SI,t—.1 Lira xm[x,�ax• Oax[""ooxuOTsoxx x c[ 555x. A,. PARCEL NWBERS. C/L PRODUCT LANE , p.xaL,IxE ... 5-xs5-le .•S. \VI V TWILDIxa LE„L. OWNERS Ix5-x53-19 ..WIT(5a0 AONEAGE� zz L—xILLT.c ."A' ZONING INFORSYTION. PARCEL Z.IS ACRES ((11 [WHEN!Tax PARCEL 2� 2.52 ACRES •,rtx,Iax. xt1L GILLS p—TO TOx—xI A Ixwsrx-OISIx ICT PARCEL 1, 2.50 ACRES SITE ADDRESS• TOTAL. 7.05 ACRES LAND USE INFIXNAiION. P Ch"s TENTATIVE PARCEL MAP 94-1O'IR F s- FOR METLIFE & PM REALTY GROUP I••JO' i as `; L,.,,M I, a.tar x0.usrNLx, IN THE CITY OF MUNiINGiON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA '"x'^t^ZLET0.01 aI�� • OFFICE of ZONING ADMINISTRATOR I/ CITY OF HUNTINGTON BEACH-CALIFORNIA P.O. BOX 190.92648 PHONE(714) 536-5271 NOTICE OF ACTION April 15, 1994 Petition/Document: TENTATIVE PARCEL MAP NO. 94-101 (Revised) Applicant: Metlife 24422 Avenida De La Carlota#300 Laguna Hills, CA 92653 Request: To revise a tentative parcel map previously approved by the Zoning Administrator to subdivide one (1)parcel of land into three (3) parcels. The previous approval required reciprocal parking and driveway easements throughout the site, while, the revision depicts reciprocal access easements on the entrance driveways only. Location: 15622 to 15702 Producer Lane Dear Applicant: Your application was acted upon by the Zoning Administrator of the City of Huntington Beach on April 13, 1994 and your request was Conditionally Approved. Included in this letter are the Conditions of Approval for this application. Under the provisions of the Huntington Beach Ordinance Code,the action taken by the Zoning Administrator is final unless an appeal is filed to the Planning Commission by you or by an interested party. Said appeal must be in writing and must set forth in detail the action and grounds by which the applicant or interested party deems himself aggrieved. Said appeal must be accompanied by a filing fee of Two Hundred Dollars ($200.00) if the appeal is filed by a_ single family dwelling property owner appealing the decision on his own property and Six Hundred Fifty Dollars ($650.00) if the appeal is filed by any other party. The appeal shall be submitted to the Secretary of the Planning Commission within ten (10) calendar days of the date of the Zoning Administrator's action. The last day for filing an appeal and paying the filing fee for the above noted application is April 25, 1994. (c) Conditions of Approval Provisions of the Huntington Beach Ordinance Code are such that any application becomes null and void one (1) year after the final approval, unless a covenant to hold the parcels as one has been recorded with the County Recorder or an extension of time has been granted by the Zoning Administrator. FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO 94-101 (REVISED): 1. The proposed subdivision of one (1) parcel into three (3)parcels for purposes of industrial use is in compliance with the size and shape of property necessary for that type of development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for 100-M1-A-20,000 allowing restricted manufacturing uses with a minimum of 100 feet of lot frontage and a minimum of 20,000 square feet of lot area was placed on the subject property. y 4. The size, depth, frontage, street width and other design and improvement features.of the proposed subdivision are proposed to be constructed in compliance with standards plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. Reciprocal driveway and access easements between-the paracels are provided on the map. CONDITIONS OF APPROVAL - TENTATIVE PARCEL MAP NO 94-101 (REVISED): A. TO BE COMPLETED PRIOR TO USE OR OCCUPANCY OF SAID PARCELS(S) FOR ANY PURPOSE 1. Tentative Parcel Map No. 94-101 (Revised) received by the Department of Community Development on March 28, 1994 shall be the approved layout (with the amendments as noted thereon). 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. A copy of the recorded parcel map shall be filed with the Department of Community Development. 3. Prior to final recordation of the parcel map, the subject property shall enter into irrevocable reciprocal driveway easements between all three (3) parcels. A copy of the legal instrument shall be approved by the City Attorney as to form and content, and when approved, shall be recorded in the office of the County Recorder. A copy shall be filed with the Department of Community Development prior to occupancy. 4. The properties shall be maintained in such a manner that no fencing shall be installed that will preclude reciprocal driveway access unless approved by the City of Huntington Beach. 5. The tenant parking, square footage, and use matrix received and dated March 28, 1994 shall be the conceptually approved allocation list. The applicant/property owner shall submit a covenant for each of the three (3) parcels which restricts the uses in compliance with City of Huntington Beach parking requirements. The covenants shall be recorded at the County of Orange Recorder's office prior to release of the final parcel map by the City of Huntington Beach. The property owner shall be responsible for an update to the tenant allocation list (submitted to the Community Development Department) each time a new Certificate of Occupancy request for any-of the buildings is made. 6. Prior to recordation of this parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 7. Prior to recordation of this parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital-graphics file of said map in'a manner described in Sections 7-9-330 and 7-9-337 of the.Orange County Subdivision Code and Orange county Subdivision Manual, Subarticle 18. 8. All vehicular access rights to Producer Lane shall be released and relinquished to the City of Huntington Beach except at locations approved by the Zoning Administrator. It is recommended that you immediately pursue completion of these Conditions of Approval in order to expedite the processing of your total application. I hereby certify that Tentative Parcel Map 94-101 (Revised) was Conditionally Approved by the Zoning Administrator of the City of Huntington Beach, California, on April 13, 1994, upon the foregoing conditions and citations. Very truly yours, Michael Strange l Zoning Administrator MS:JM:lp tpm101ry 9c� RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Edward M. Pollock, Esq. Metropolitan Life Insurance. Company 101 Lincoln Centre Drive, Sixth Floor Foster City, CA 94404 COVENANTS, CONDITIONS AND RESTRICTIONS This Declaration of Covenants, Conditions and Restrictions is dated as of , 1994 by Metropolitan Life Insurance Company, a New York corporation ("Declarant") , with reference to the following facts: A. Declarant is the fee owner of certain real property situated in the City of Huntington Beach, County of Orange, State of California, as more particularly described in Exhibit "A" to this Declaration (the "Covered Property") . This Declaration is being imposed by Declarant upon the Covered Property. B. Declarant deems it desirable to establish certain covenants, conditions, easements, and restrictions upon the Covered Property, all for the-purpose of enhancing and protecting the value, desirability and attractiveness of the .Covered Property and enhancing the quality of the improvements within the Covered Property. C. Declarant will hereafter hold and convey title to all of the Covered Property subject to the covenants, conditions, easements and restrictions hereafter set forth. NOW, THEREFORE, Declarant hereby covenants and declares that all of its interest, as the same may from time to time . appear in the Covered Property, shall be held and conveyed subject to the following covenants, conditions, easements and restrictions which are hereby declared to be for the benefit of said interest in the Covered Property, and the Owners of said interest, their successors and assigns. ARTICLE I DEFINITIONS; GENERAL Section 1. 01 "Building" shall mean any structural improvement on any Lot which is enclosed by exterior walls, floor and roof, and which is designed for the conduct within of the emp/a/huntington.aN APPROVED AS TO FOn1:4: August 24, 1994 1 G.AIL HUTTON., City Attorney By: Deputy City Attorney covenants, conditions and restrictions in effect immediately prior to the expiration date of said thirty (30) year term shall be continued automatically without any further notice for an additional period of five (5) years and thereafter for successive terms of five (5) years unless within one (1) year prior to the expiration of any such five (5) year period the covenants, conditions and restrictions herein contained are terminated pursuant to this Section. Section 5. 02 Notices. Any notice to be given to an Owner or a Mortgagee under the provisions of this Declaration shall be in writing and shall be delivered as follows: Notice to an Owner or a Mortgagee shall be deemed to have been properly delivered when delivered personally or placed in the first class United States mail, postage prepaid, to the most recent address furnished by such Owner or Mortgagee in writing to the entity providing notice for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Owner's Lot. Any notice so deposited in the mail within the County in which the Covered Property is located, shall be deemed delivered forty-eight (48) hours after such deposit. Section 5. 03 Construction by Declarant. Nothing in this Declaration shall limit the right of Declarant to alter the Lots owned by Declarant or to construct such additional improvements as Declarant deems necessary or advisable. Such right shall include but shall not be limited to erecting, constructing and maintaining on the Covered Property such structures and displays as may be reasonably necessary for the conduct of the business of completing the work and disposing of the same by sale, lease or otherwise. This Declaration shall not limit the right of Declarant at any time to establish on the Covered Property additional licenses, reservations and rights-of-way to itself, to utility companies, or to others as may from time to time be reasonably necessary for the proper development and disposal of portions of the Covered Property owned by Declarant. Declarant reserves the right to alter its construction plans and designs as it deems appropriate in its discretion. Section 5. 04 Non-Liability of Declarant. To the fullest extent permitted by law, neither Declarant, nor any of its partners, agents, employees, successors, or assigns shall be liable to any Owner for any damage, loss or prejudice suffered or claimed on account of any decision, course of action, act, omission, error, negligence or the like made in good faith and reasonably believed to be within the scope of their duties. Each Owner and Occupant, by acceptance of title or possession to any Lot, covenants that it shall comply with all governmental laws and regulations affecting the ownership, use and activities upon the Covered Property and shall indemnify and hold harmless Declarant from any and all liability, including without limitation, attorneys' fees and emp/a/huntington.a24 August 24, 1994 8 litigation expense, arising from or out of a breach of the foregoing covenant. - Section 5.05 Amendments;. Until such time as there is an Owner of any portion of the Covered Property other than Declarant, this Declaration may be amended and such amendment shall be effective when executed by Declarant and each First Mortgagee of any portion of the Covered Property and when recorded in the Official Records of Orange County, California. From and after the date that there is an Owner of any portion of the Covered Property other than Declarant, this Declaration may be amended -and such amendment shall be effective when executed by Operator and a Majority of. Owners of the Lots within the Covered Property and their First Mortgagees, and .Declarant, as long as Declarant is an Owner of any Lot. Except as otherwise provided in this Section 5.05, this Declaration or any provision hereof, or any covenant, condition or restriction contained herein, may be terminated, extended, modified or otherwise amended, as to the whole of the Covered Property or any portion thereof, with the written consent of the Owners of Lots the aggregate area of which is at least fifty-one percent (51%) of the aggregate area of all Lots within the Covered Property; provided, however, that so long as Declarant owns a Lot within the Covered Property, no such termination, extension, modification or other amendment shall be effective, without the written approval of Declarant. No such termination, extension, modification or other amendment shall be effective until a proper instrument in writing has been executed, acknowledged and recorded. Section 5.06 Constructive Notice and Acceptance. Every person or entity who now or hereafter owns, occupies or acquires any right, title or interest in or to any portion of the Covered Property, is and shall be conclusively deemed to have consented and agreed to every covenants, conditions or restriction contained herein, whether or not any reference to this Declaration is contained in the instrument by which such person acquired an interest in the Covered Property. Section 5.07 Captions. The captions of articles and paragraphs herein are used for convenience only and are not intended to be a part of this Declaration or in any way to define, limit or describe the scope and intent of the particular article or paragraph to which they refer. emp/a/huntington.a24 August 24, 1994 9 Section 5.08 Effect of Invalidation. If any provision of this Declaration is held to be invalid by any court, the invalidity of such provision shall not affect the validity of the remaining provisions hereof. IN WITNESS WHEREOF, Declarant has executed this Declaration on the date first herein above written. DECLARANT: METROPOLITAN LIFE INSURANCE COMP , Ne York corporation N� By By emp/a/huntington.a24 August 24, 1994 10 SHEET S OF 3 SHEETS EXN��IT • 7.053CELS ACRES P A R C L MAP N 0 . 9 4 - 1 01 r IN THE CITY OF HUNTINGTON BEACH. COUNTY OF ORANGE, STATE OF CALIFORNIA. A DONALD L. WHITELEY. L.S. 6422 DATE of SURVEY! FEBRUARY. 1994 NOTE. SEE SHEET 2 FOR MONUMENT NOTES. BASIS OF BEARINGS,BOUNDARY AND RECIPROCAL DRIVEWAY PARCEL INFORMATION. EASEMENT DETAIL$MEET MCFADDEN AVE., 1 ol 1 1 1 1 I 1 I I' Nec••s•19�E. 1 N�9•M'.]4'N j3e.ov 1 IOS.a7 • I I 1 N t U! 1 •J i 1 p ri 1 � g. PARCEL u I Z 2 $ 4 1 d 1 N - PROfbSaD 1 eVOCA DIG RECP20UL i 1 O. J D[I.eWIAY Tf NT o6TMG6U 1 N C&RILS7 1 4 C bR. INBRIM A. Y 1 Qe R[Df TUaro A� � 1 W N l 1•v 24.00' �\ ? + e 1 9•a4'34•W_ SeO• N6Y+4.7 � � 1 __l!• ..— NaS'44']4•w ]LS 02' 17.ee' 0 .�leoo 'J •A4' W zol' b 1 n �Il�_IS..II•N_ ,�_____ NeY 41'.!1'4`�]40.01--_-______-_ - RAD ♦` �NOO'1]'2t'E '� 400'I5'91•e MOO. `T1I R. •o.00• 1 O aaee• � 1 1 PARCEL 2 n° n C4 1 A C, I s y�A�i PA RCGI.S VSWAlf MAL56+M;NTrOLGIM6R•eDa Y p LL I �\ 4.74•G'14' T pO ANO ILGIL S 1�krb S. •R•/¢.eo• / in 1 `� I �'4\ Ne0•i�odv 21 n•13•73'4a t N ooh7 ec R. •f.l O• IS.eo 1 !"]e.ee' NOO'1 7• l^e [�- I y le•]A'7e•v ` ____--d�"2.63-44-SA-W 9•!a•---]---------- 1----- �1 M IY11'07•M so.•i!<\ .�e•/.sle,•AA'!1•w la.L7' •LI -__-____ 4_--_ �•77•L7's4' \. IFS'---- MAY•Ii'�.•r 3".D& ••� 1 � i• 4e.Ir _ � 1,�Ioo•n'eA•e le.00 •y 1\ 1 le.ee NDYu'Y'•I��• I RESEARCH M. e4.oe 1 cr eo• I / � \ N7�•_(lAOa�s 1 _ Rp0 R• 7 47. I L• Y.e7' ►d►� PARCEL 3 N 1 yl I 1 tl 1 ♦� 1 1 8 1 Z I I 1 1 •• N69'a3'1.•v 419.eo' •• 1 ' 1 I 1 I LEGAL DESCRIPTION JOB NO. : 2MET0401 APRIL 28, 1994 PAGE 1 OF 1 PARCEL 1, PM 94-101 EXHIBIT "A" THAT PORTION OF PARCEL 1 OF PARCEL MAP 79-574, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP_ FILED IN BOOK 146, PAGE 47, OF PARCEL MAPS, IN THE OF7TCE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 1; THENCE ALONG THE NORTH LINE OF SAID PARCEL, ON A DIFFERENT BASIS OF BEARINGS, FOR PURPOSES OF THIS DESCRIPTION, NORTH 86045' 39" EAST, 105.25 FEET; THENCE SOUTH 89044 ' 34" EAST, 332 .01 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL SOUTH 00°15 '31" WEST, 215.42 FEET; THENCE LEAVING SAID EAST LINE PARALLEL WITH HEREIN ABOVE LAST MENTIONED NORTH LINE OF SAID PARCEL, NORTH 89044 ,34" WEST, 437 .01 FEET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE NORTH 00014 '41" EAST, 209.00 FEET TO THE POINT OF BEGINNING. AS SHOWN ON EXHIBIT "B" ATTACHED HERETO AND A2A-DE A PART HEREOF. CONTAINING 2 .153 ACRES, MORE OR LESS. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE DIVISION AND/OR CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. PREPARED UNDER THE OF: Dri--.0 P (D Dp(�&t 5 S J DONALD L. WHITEi:EY, L.S. 6422 DATE LICENSE EXPIRLS . 12/31/94 ,,oANL LLA s Exp. RV:'-7-GAL FOF CAO LEGAL DESCRIPTION JOB NO. : 2MET0401 APRIL 28, 1994 PAGE 1 OF 2 PARCEL 2, PM 94-101 EXHIBIT "A" THAT PORTION OF PARCEL 1 OF PARCEL MAP 79-574, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS -SHOWN ON THE MAP FILED IN BOOK 146, PAGE 47 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID PARCEL 1, SAID POINT BEING DISTANT SOUTH 00014 '41 WEST, 209. 00 FEET, ALONG SAID WEST LINE FROM THE NORTHWEST CORNER OF SAID PARCEL; THENCE ALONG A LINE PARALLEL WITH THAT CERTAIN COURSE IN THE NORTH LINE OF SAID PARCEL SHOWN AS HAVING A BEARING AND A DISTANCE OF "NORTH 89°19130" EAST, 332 .04 FEET" ON SAID MAP, ON A DIFFERENT BASIS OF BEARINGS, FOR PURPOSES OF THIS DESCRIPTION, SOUTH 89*44 , 34" EAST, 437 .01 FEET TO THE EAST LINE OF SAID PARCEL; THENCE ALONG SAID EAST LINE SOUTH 00*15131" WEST, 232 .50 FEET; THENCE LEAVING SAID EFST LINE ALONG A LINE PARALLEL WITH SAID NORTH LINE, NORTH 89044 ' 34 ' WEST, 392.72 FEET; THENCE PER-pENDICULAIR TO SAID PPLRAZLEL LINE, NORTH 00-15126" EAST, 8. 81 FEET; THENCE PA_RP.LLEL WITH SAID NORTH LINE, NORTH 89°44 '34 ' WEST, 38 .25 FEET TO THE WEST LINE OF SAID PARCZ'L; THENCE ALONG SAID WEST LINE NORTH 13*41105" WEST, 18. 81 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY HAVING A RADIUS OF 49. 50 FEET; THENCE NORTHERLY 12 .03 FEET ALONG SAID CURVE TF:ROUGH A CENT:--..L P.NGLE OF 13°55 ' 46"; THENCE TANGENT TO SAID CURVE NOR:: 00014 ' 41" S'-, 1-93 . 5_ FEET TO TEE POINT OF B-1-GINNING. AS SHO'KN ON EXHIBIT "B" ATTACHED HERETO AND MADE A -PART HER--- OF. CONTAINING 2 .322 ACRES, MORE OR LESS. RV:LZZA. SCR:?::0NS.C2 LEGAL DESCRIPTION JOB NO. : 2MET0401 APRIL 28, 1994 PAGE 1 OF 2 PARCEL 31 PM 94-101 EXHIBIT "A" THAT PORTION OF PARCEL 1 OF PARCEL MAP 79-574, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 146, PAGE 47, OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 1, THENCE ALONG THE SOUTH LINE OF SAID PARCEL, ON A DIFFERENT BASIS OF BEARINGS FOR PURPOSES OF THIS DESCRIPTION, SOUTH 89°25'14" EAST, 419.00 FEET TO THE SOUTHEAST CORNER OF SAID PARCEL; THENCE ALONG THE EAST LINE OF SAID PARCEL NORTH 00°15'31" EAST, 266.23 FEET; THENCE LEAVING SAID EAST LINE ALONG A LINE PARALLEL WITH THAT CERTAIN COURSE IN THE NORTH LINE OF SAID PARCEL SHOWN AS HAVING A BEARING AND A DISTANCE OF "NORTH 89019' 30" EAST, 332.04 FEET" ON SAID MA-D, NORTH 89044 ' 34" WEST, 392.72 FEET; THENCE PERPENDICULAR TO SAID PPLRA.LLEL LINE NORTH 00015 '26" EAST 8 . 81 __T• THENCE WITH SAID NORTH _IN's: NORTE 8904434 ' WEST, 38.25 __ET TO THE WEST LINE OF SAID PARCEL; THENCE ALONG SAID WEST LINE SOUTH 13041' 05" EAST, 32.14 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY HAVING A RADIUS OF 60.50 FEET; THENCE SOUTHERLY 67 . 67 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 64016'20"; THENCE SOUTH 39*24'45" EAST, 39.43 _ .r=T; THENCE SOUTH 00034 ' 46" WEST, 150. 00 FEET TO THE POINT 0= :£GINNING. AS SHOWN ON EXHIBIT "3" ATTACH—!I) HE=-'_'O AND att-r E A PtST HEREOF. CON:A.INING 2 .578 ACRES, MORE OR LESS. • 1 • CITY OF HUNTINGTON BEACH r 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK September 13, 1-994 Continental Lawyers Title Company 1015 N. Main Street Santa Ana, CA 92701 Re: Parcel Map No. 94-101 The City Council of the City of Huntington Beach at its meeting held August 2, 1994, approved Parcel Map No. 94-101 and authorized the release of said map for processing by the County. After recording,please return a print of the Parcel Map to Bruce Crosby, Department of Public Works, P.O. Box 190,Huntington Beach, California 92648. Connie Brockway, CMC City Clerk CB:cc Enclosure Received by: Date: &c6parcelmp Telephone:714-536-5227)