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HomeMy WebLinkAboutFinal Tract Map No. 14355 of TT map 14355 -Palisades-grant d IN IMPP�4� H City of Huntington Beach P O Box 711 CALIFORNIA 92648 TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. )F'REIDENRICH CITY TREASURER February 25, 2003 -CERTIFIED MAIL The American Insurance.Company 777 San Marin Drive Novato, CA 94998 To Whom it May Concern: This is to inform you the City Council of the City of Huntington Beach, on June 3, 2002 approved the release of the following bond(s): a�1435 Guarantee &Warranty Bond No. 111 3346 4286 We are releasing the bond and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bond. If you have any questions regarding this matter, please contact me at (714) 536-5200. Sincerely, Shari L. reidenrich; CPA, CCMT, CFMA City Treasurer Enclosures �> c, cc: Lennar Homes of California ;- 1808 Aston Avenue, Suite 100 Carlsbad, CA 92008 Robert F. Beardsley, Director of Public Works (no attachments) Connie Brockway, City Clerk(no attachments) G:Uoyce\Released Bonds\Bond release TR14355.doc aY� • City of Huntington Beach �" • x P O Box 711 CALIFORNIA 92648 _ TELEPHONE 714 536.5200 FAx 714 374.1603 SHARI L. FREIDOMICH CITY TREASURER February 22, 2000 CERTIFIED MAIL American Motorist Insurance Company Lou Jones Associates . 7470 N. Figueroa Los Angeles, CA 90041 To Whom It May Concern: This is to inform you the City Council of the City of Huntington Beach, on December 6, 1999, approved the release of the following bonds: Tra&4 55 Faithful-Performer ce and Labor&Material Bond No. 3SM 913 212 00 Monument Bond No. 3SM 913 21100 We are releasing the bonds and have enclosed them for your file. Also enclosed, is a copy of the City Council Action approving the release of the above-referenced bonds. If you have any questions regarding this matter, please contact me at(714) 536-5200. Sincerely, Shari L. eidenrich, CPA, CCMT City Treasurer Enclosures cc: PLC Holdings 23 Corporate Way, Ste. 250 Newport Beach, CA 92660 Bob Beardsley, Director of Public Works(no attachments) Connie Brockway, City Clerk(no attachments) G:\Denine\Shanll.eUm\BondL166 /g Council/Agency Meeting Held: Ta0A—,F Deferred/Continued to: Z Approved ❑ Conditionally Approved ❑ Denied bev City Clerk's Signature Cou cil Meetin Date: April 20, 1998 Department ID Number: CD 98-13 CITY OF HUNTINGTON BEACH = REQUEST FOR COUNCIL ACTION v w7I c--) �-< SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS tt,,`, rnrnrnrn SUBMITTED BY: RAY SILVER, City Administrator A4j -0 > � PREPARED BY: MELANIE S. FALLON, Community Development Director' SUBJECT: APPROVAL OF FINAL TRACT MAP NO. 14355 OF TENTATIVE- -- TRACT MAP NO. 14355, WITH BONDS AND AGREEMENTS (PALISADES), AND GRANT DEED, AND EASEMENTS AND MAINTENANCE AGREEMENTS Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status, Attachment(s) Statement of Issue: Final Tract Map No. 14355 located on the northwest corner of Garfield Avenue and Edwards Street is being submitted for City Council approval. PLC Land Co., the developer of the tract, has requested that the following documents be processed with the Final Map approval: 1.) Grant Deed (Lot "Y" of Tract No. 14355) from the City of Huntington Beach to PLC Land Co. for future use as a privately maintained landscape slope; 2.) Easement and Maintenance Agreement between PLC Land Co. and the City of Huntington Beach for access to and maintenance of the perimeter slopes located on property owned by the City of Huntington Beach; 3.) Easement and Maintenance Agreement from the City of Huntington Beach to PLC Land Co. for access to and maintenance of the private sewer and storm drains located on property owned by the City of Huntington Beach. Funding Source: Not applicable. Recommended Action: Motion to: 1. "Approve Final Tract Map No. 14355 and accept the offer of dedication, improvements, and bonds pursuant to findings and requirements (Attachment No. 1); and; 2. Approve Subdivision Agreement between the City and PLC Land Company and authorize execution by the Mayor and City Clerk." 3. Have the Mayor and City Clerk execute the Grant Deed conveying Lot "Y" from the City of Huntington Beach to PLC Land Company for future use as a privately maintained landscape slope and instruct the City Clerk to have the document recorded with the County Recorder after Final Tract Map No. 14355 records. 4. Approve the Easement and Maintenance Agreement between PLC Land Company and the City of Huntington Beach granting PLC Land Company access over the park access road for maintenance of perimeter slope areas (maintenance will subsequently be assumed by the project Homeowners Association) and instruct the City Clerk to have the documents recorded with the County Recorder after Final Tract Map No. 14355 records and prior to conveyance of the park parcels to the County of Orange. 5. Approve the Easements and Maintenance Agreement from the City of Huntington Beach to PLC Land Company for the maintenance of private sewer and storm drain lines located on City of Huntington Beach property (ultimately County property). Maintenance of these facilities will subsequently be assumed by the Homeowners Association. Instruct the City Clerk to have the documents recorded with the County Recorder after Final Tract Map No. 14355 records and prior to conveyance of the park parcels to the County of Orange. Alternative Action(s): The City Council may make the following motion: "Deny Final Tract Map No. 14355 and reject the offer of dedication, improvements, and bonds." RIEST FOR COUNCIL ACTIOV MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: CD 98-13 Analysis: A. PROJECT PROPOSAL: SUBDIVIDER: PLC Land Company 23 Corporate Plaza, Suite 250 Newport Beach, CA 92660 ENGINEER:- MDS Consulting 17320 Redhill Avenue, Suite 350 Irvine, CA 92714 LOCATION: Northwest corner of Garfield Avenue and Edwards Street. ZONE: HSSP/RL-1 (Holly Seacliff Specific Plan-Low Density Residential) GENERAL PLAN: RL-4.0-sp (Residential Low Density-Specific Plan Overlay) NO. OF ACRES: 55.318 acres NO. OF NUMBERED LOTS: 85 NO. OF LETTERED LOTS: 31 NO. OF UNITS: 85 units DATE OF COMPLETE APPLICATION: March 31, 1998 MANDATORY PROCESSING DATES: April 20, 1998 DISCUSSION: On August 12, 1997 the Planning Commission approved Tentative Map No. 14355 for an 85-unit detached single family dwelling subdivision. Final Tract Map No. 14355 represents the only phase of the project. The subdivider has satisfied the Park and Recreation requirement through the dedication of 1.38 acres as well as the use of land dedication credits for 0.08 acre in the future Harriett M. Wieder Regional Park for a total of 1.46 acres. The project is required to comply with the Affordable Housing Plan for the Holly Seacliff area prior to final inspection of the first home in the subdivision. i The final map has been examined and certified by the City Engineer and the Secretary to the Planning Commission as being in conformance with the conditions of approval for the tentative map as filed with, amended and approved by the Planning Commission. The area along the westerly boundary of Tract No. 14355 consists of a future park access road, future landscaped slopes and park land which will become a part of the future Harriett Weider Regional Park. Lots "F", "N" and "O", as shown on Tract No. 14355 (1.52 total acres), are being dedicated in fee simple from PLC Land Company to the City of Huntington Beach for park purposes. Lot "Y" (0.14 acres) is currently owned by the City of Huntington Beach and is being dedicated to PLC Land Company via the Grant Deed (Attachment No. 7). This property will become a landscape slope area maintained by the Homeowners Association. The proposed CD98-13.DOC -2- 04/08/98 12:53 PM RE UEST FOR COUNCIL ACTI09 MEETING DATE: April 20, 1998 DEPARTMENT ID NUMBER: CD 98-13 dedication will result in a net increase of 1.38 acres of park land for the future Harriett Weider Regional Park. On March 10, 1998, the Planning Commission approved the General Plan conformance of the conveyance of 0.14 acres from the City to PLC Land Company and 1.52 acres from PLC Land Company to the City. The Easement and Maintenance Agreements (Attachment No. 10 ) between PLC Land Company and the City of Huntington Beach grant a non-exclusive access easement over the park access road for access to the slope areas, and a non-exclusive easement over the slope areas for PLC/Homeowners Association maintenance of the slopes. Condition No. 3j of Tract Map No. 14355 requires the sewer and storm drains within the tract be private and maintained by the project's Homeowners Association. The Easements and Maintenance Agreement from the City of Huntington Beach to PLC Land Company (Attachment Nos. 8 and 9) provides for access to and maintenance of these improvements. Environmental Status: This action to accept Final Tract Map No. 14355 is exempt from the requirements of the California Environmental Quality Act, Section 15628(b). Environmental Impact Report No. 89-1 was approved by the City Council in 1990. Attachment(s): NumberCity Clerk's Page 1. Findings and Requirements for Acceptance of Final Map 2 Area Map 3. Tentative Tract Map No. 14355 4. Tentative Tract Map No. 14355 Findings and Conditions of Approval 5. Subdivision Agreement 6. Bonds (Monument, Labor and Materials, Faithful Performance) 7. Grant Deed (Lot "Y" of Tract No. 14355) 8. Easement for Private Storm Drain over Lot "F". 9. Easement for Private Storm Drain and Private Sewer over Lot «N„ 10. Slope Maintenance Agreement CD98-13.DOC -3- 04/08/98 12:53 PM a 8. Severability. In the event that any provision of this Agreement, or the application thereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed from this Agreement. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision of this Agreement shall continue in full-force and effect. 9. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this Agreement. 10. Further Assurances. Each of the parties hereto hereby agrees to execute such further documents or instruments as may be necessary or appropriate to carry out the intention of this Agreement. 11. Exhibits. All exhibits to this Agreement are incorporated herein by this reference as though fully set forth in the body hereof. [Balance of this page intentionally left blank] FAWP51\DLB\PAUSADE\SLOPE3.ESM 03/23/98 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Owner: PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California cor oration as a general partner By: Its i ee By: Its By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company as general partner (SEE AnfeHED sic,NA"V'q�5 .61-oCk) By: LENNAR HUNTINGT N BEACH, INC., a California corpora o as a managing member By: Its By: Its V k CITY: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its By: Its �} FAWP51\UB\PAUSADEMOPE3.ESM 03/23/98 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Owner: PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as its general partner By: Its By: Its By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability company as a general partner By: BRAMALEA CALIFORNIA, LLC, a California limited liability company By: LENNAR HOMES OF CALIFORNIA, INC., a California corporltigtps its manager By: Its By: VA Its t i inpacvt(lC2Y" CITY: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its rn t1 By: KG Its ,Le,Q le- ?/.3k-7 FAWP51\DL8\PALISADE\SL0PE3.ESM / 03123/98 4 / NaT PAC e f 5 STATE OF CALIFORNIA ) ss. . COUNTY OF ORANGE ) On khj&A 3 , 1998, before me,'-12d 7"Li1'}- A . RIV, Notary Public, personally a peared G(R 14 H fi m To/1/CS and personally known to me ( to be the person(s) whose na e(s) i re bscribed to the within instrument and acknowledged to me that Axecuted the same in hi�/fter eIr authorized capacity/ies, and that by his/her hei ig nature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature [SEAL] ROBERTA M. KERN COMM. #1119189 «► NOTARY PUBLIC_-CALIFORNIA ORANGE COUNTY My Comm.Expires Dec.6,2000 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On �Qili , 1998, before me, be-L r _, Notary Public, personally appeared:cn.--i\" .TAffe_. and bA&XAandn , personally known to me ( to be the persons whose nameQ W re pubscribed to the within instrument and acknowledged to me that he4slieAkej executed the same in hWher their authorized capacit ies and that by la&A:m t ei signature on the instrument the persorsl, or the entity upon behalf of which the persor(s acted, executed the instrument. WITNESS my hand and official seal. [SEAL] 7. Notary DEE BAKER Signature mmission#1086001 Public—Califomla Orange County m.Expires Apr 19.2000 FAWP51%DLB1PAUSADEISL0PE3.ESM ���� 1/) 03/23/98 5 (N4xi- STATE OF CALIFORNIA ) ) ss. . COUNTY OF ORANGE ) On LAAk 1998, before me, ,�, /Us�'�'� , Notary Public, personally ap eare Sh-tr e- LD and (vvt��e._6 personally known to me to be the personipwhose name�,s"I is/subscribed to the within instrument and acknowledged to me that he4she/o executed the same in hliefl3er ei authorized capacitW e ) and that by their signaturew on the instrument the persor%W, or the entity upon behalf of which the person(sDacted, executed the instrument. WITNESS my hand and official seal. Signatures [SEAL) LAURA A NELSON commission!1066263 .� Notary Pub@a—CaWarft orange County My Comm.Expires Jul 23,1999 STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On 1(v , 1998, before me, p _y' , Notary Public, personally a peared`�� & -T=4e and M,-,rc Ck"<-M n , personally known to me of ) to be the person(s) (s -i person whose nam s are ubscribed to the within instrument and ack owledged to me that�e4skle/ he xecute the same in b1&*w eir uthorized capacit les and that by Pepersong ignatur (s on the instrument the persons , or the entity upon behalf of which tacted, executed the instrument. WITNESS my hand and official seal. Signature 41 ), [SEALe DEE BAKER COmmisslon#1am) NotaryPubUo—CaUfoMk3 Orange County My Comm.E>OW Apr 19,2000 .. F:LWPS t%OMPAUSADMILOPE3.ESM 03/23/98 5 CN�JCT PACE /5 2(nZGSLO BY: T/L HUNTINGTON BEACH LLC,A DELAWARE LIMITED LIABILITY COMPANY, ITS GENERAL PARTNER \,. BY: BRAMALEA CALIFORNIA, LLC,A CALIFORNIA LIMITED LIABILITY COMPANY BY: LENNAR HOMES OF CALIFORNIA,INC.,A CALIFORNIA CORPORATION, MANAGER B NAME: TITLE: BY: NAME: TITLE: (IV,Ex-r PAGE 16' 6� STATE OF CALIFORNIA ) ss. COUNTY OF ORANGE ) On S� 27 , 1998, before me, A, ��5�n , Notary Public, personally appdvared kq —D& and C,27 .rlr'e— c!c personally known to me ( ) to b the person s) whose name(&) is subscribed to the within instrument and acknowledged to me that hefah executed the same in his{he1/4GRO authorized capacitV5n& and that by hisfher er signatureM on the instrument the personG), or the entity upon behalf of which the persor W acted, executed the instrument. WITNESS my hand and official seal. Signat [SEAL] LAURA A.NELSON Commisslon•1066263 ,.� Notary Public—California orange County My Comm.Explres Jul 23,1999 FAWP51\DLB\PAUSADE\SLOPE3.ESM 03/23/98 6 Legal Description of the Slope Areas (See Attached) F:\WP51\DLB\PAUSADE\SLOPE2.ESM Exhibit "A" 02/26/98 Easement Agreement Slope Areas EXHIBIT"A-1" (SLOPE AREAS) LOTS G, P, Y AND Z OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 17,70 , PAGES TO -; INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. AS SHOWN ON EXHIBIT"A-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPERVISION OF: V►No SV,Q` GA W. DO CH, L. . 4693 f E * Exp•00r99 ,f EXPIRES 9- -99 No.4693 OF CA1.�F�P�\� GA376\06\LEGAMEX-Al.DOC EXHIBIT "A- SHEET 1 OF 3 SHEETS SLOPE AREAS N 1709'5TE N_89-04-16-E_RAD (R=46') RAD-PRC x/N 1718'34'E RAD (R-163') LOT F "LOT G OVERLOOK 4 N 89'19'44'W 185.35' 3 I 2 DRIVE 1 N 8730'00"E 1329.179 N 76'15'48`E N 51'54'2T E 84 85 - -- 83 14.23' LOT E 82 , TRACT NO. 14355 M.M. �7iq # DELTA RADIUS LENGTH TANGENT E"' 81 1 1748'29' 46.00' 10.28' 5.16' � 19 2 24'28'33' 163.00' 69.93' 35.35' v, 3 12'50'15' 317.00' 71.03' 35.66' 80 4 87 13'07' 29.00' 44.15' 27.63' c 5 16'26'51' 417.00' 119.71' 60.27' 6 16'26'51' 432.00' 124.01' 62.43' 7 4'04'33' 283.00' 20.13' 10.07' z N 79 8 16 18'25' 268.00' 76.27' 38.40' z �+ 78 SCALE 1"= 100' Eo" LEGEND: a LOT UNE PER TR. NO. 14355 77 ® INMATES SUBJECT PROPERTY 76 N W 70'46'00' \�aP� LA RA Np s W, G D,PRO" 75 CL * L& 4693 60.57 ,p ;33'W Exp. 9-30-99 N 86'24'25'W 9lF Or OAO CVN RAD MQ� �N PR_EPA U DER T F: Z SEE SHEET 2 k\37606\ EKH—A2-1.dwg 12/01/97 ` EXHIBIT 9 7A- 2 SHEET 2 OF 3 SHEETS SLOPE AREAS SEE SHEET 1 LOT G 75 ',-N 86-24'25"W 74 RAD 3 00 �N CV O� M� LOT Y �N TRACT NO. 14355 N q 45',5g"E z 73 M.M. r N 79_22'48"W 72 1 RAD_pR -- LOT CC 71 0 t° °' N 75_45'00"E # DELTA RADIUS LENGTH TANGENT /-J RAD 1 339'48" 824.00' 52.68' 26.35 _ 2 70 3 35107'22° 232.0' 142 89' 73.79' °E, °' N 7745'00"E 45'p0� b N 4 7'46'26" 217.00' 29.44' 14.75' N�?pRC z RAD-PRC 5 30'28'34" 217.00' 115.42' 59.11' RP M 69 6 27'52'12" 283.00' 137.66' 70.22' N 8.T34'46nW Lo 7 25'51'33" 217.00' 97.94' 49.82' 8.50' 8 31'03'48" 283.00' 153.43' 78.65' 68 FtP� 4 LAN N 161. 2"E �\o�P o SG o 0 0 67 Nry� N 87 7'44"E Q n = o, 8. a0'. LS. 4693 f O o * Exp. 9-30-99 * j N^ 66 s� �P LOT Z = qTF OF CALF SEE SHEET 3 SCALE 1"= 100' PREPAR NDE ERVI OF: LEGEND: LOT UNE PER TR. NO. 14355 INDICATES SUBJECT PROPERTY GARY W. D ICH L.S. 4693 EXPIRES 9 30 99 I.\37606\MAPPING\ALT-A2-2.dwg 3/02/98 EXHIBIT »A- SHEET 3 OF 3 SHEETS SLOPE AREAS SEE SHEET 2 w �o�? TRACT NO. 14355 A- M.M. 77,0LOT � z ti 67 Z S N 8747'44'E 8.60' 2 S8 � 66 N 5731'51W ri l LOT BB SEE DETAIL "A" HEREON N N 3718'58°W ,� VA N, RAD A "" AIi$ . N -0'32 51 W 65 F N 820.68' N 28a V 6M' 14.47' NSS! ®�4 65 DETAIL "A" LAND SCALEi 1'= 20' a _ DELTA RADIUS LENGTH TANGENT LS. 4693 1 31'41'Ot 317.00' 175.30' 89.95' up. 9-30-99 * 2 728'OT 317.00' 52.39' 26.26' ��qlF C \P SCALE 1"= 100' 3 221253' 317.00' 122.90' 62.23' OF CALVE LEGEND: PREPAR DER TH N F LOT LINE PER 7k NO. 14355 ® INDICATES SUBJECT PROPERTY I:\37606\WIPPING\EXH—A2-3.dwg 12/01/97 Legal Description of the Maintenance Area (See Attached) F:\WP51\DLB\PALISADE\SLOPE2.ESM Exhibit "B" 02/26/98 Easement Agreement Maintenance Area • EXHIBIT"B-1" (MAINTENANCE AREA) THAT PORTION OF LOT BB OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 770, PAGES " TO 33 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT A OF SAID TRACT NO. 14355; THENCE ALONG THE WESTERLY LINE OF LOTS A, 65 AND P, NORTH 0°32'51" WEST 240.17 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 317.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 37018,581, EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 13018'57" AN ARC DISTANCE OF 73.67 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 183.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS NORTH 24000'01" WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39051'42" AN ARC DISTANCE OF 127.32 FEET; THENCE SOUTH 26008'17" WEST 44.94 FEET TO A POINT IN THE CURVED NORTHEASTERLY LINE OF GARFIELD AVENUE AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED JUNE 4, 1993 AS INSTRUMENT NO. 93-0377547 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, SAID CURVE BEING CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 2350.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 25043'21" WEST; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 4039'52" AN ARC DISTANCE OF 190.91 FEET TO THE POINT OF BEGINNING. AS SHOWN ON EXHIBIT"B-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED UNDER THE SUPE VISION OF: g��N0SU9L NI. De% F` C7 = GAR . DO , L.S. 4693 DATE E>�.9l30/99 EXPIRES 9-3 -99 No.4693 GA376\061EGAMEX-B1.DOC �AF�F CAUF�Q�` EXHIBIT "B - MAINTENANCE AREA LOT CC� TRACT NO. 14355 M.M. 7WI v 66 CURVE DATA # DELTA RADIUS LENGTH TANGENT 1 1,T18'57" 317.00' 73.67' 37.00' �'�\� LOT P 2 3T51'42" 183.00' 127.32' 66.36' LOT B 3 4'39'52" 2350.00' 190.91' 95.51' \ 65 . 0 N N 2608'17"E 3 44.94' \ N 64 h tq LOT \o�P� LAND Q� OCR o =/ LS. 4693 / * Exp. 9-30-99 �F CAL�F \P SCALE 1"= 100' LEGEND: PREPARE ND R THE S PE ION OF• LOT LINE PER TR. NO. 14355 INDICATES SUBJECT PROPERTY GARY W. DOKI L.S. 4693 (WIRES 9 30 99 I.\37606\MAPPING\ALT—B2-1.dwg 3/02/98 • Legal Description of the Easement Area (See Attached) Exhibit "C" FAWP51\DMPAUSADEMOPEIESM 02/26/98 Easement Agreement Easement Area EXHIBIT"C-1" (EASEMENT AREA) ALL OF LOT "F" TOGETHER WITH THAT PORTION OF LOTS N, BB AND CC OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, CPYNTY O RANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 77LO , PAGES T INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, INCLUDED WITHIN A STRIP OF LAND 29.00 FEET WIDE, LYING 12.00 FEET NORTHWESTERLY AND WESTERLY AND 17.00 FEET SOUTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID LOT BB, SAID CORNER BEING IN A CURVE CONCAVE NORTHEASTERLY IN THE SOUTHWESTERLY LINE OF SAID LOT BB AND HAVING A RADIUS OF 2350.00 FEET, A RADIAL LINE TO SAID CORNER BEARS SOUTH 21°00'35" WEST; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID LOT BB AND SAID CURVE THROUGH A CENTRAL ANGLE OF 5007'42" AN ARC DISTANCE OF 210.34 FEET; THENCE NORTH 26008'17" EAST 5.00 FEET TO A POINT IN THE NORTHEASTERLY LINE OF GARFIELD AVENUE AS DESCRIBED IN THE DEED TO THE CITY OF HUNTINGTON BEACH RECORDED JUNE 4, 1993 AS INSTRUMENT NO. 93-0377547 OF OFFICIAL RECORDS, RECORDS OF SAID COUNTY, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 26008'17" EAST 45.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 39051'42" AN ARC DISTANCE OF 139.14 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 24°00'01" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 44059,59" AN ARC DISTANCE OF 235.62 FEET; THENCE NORTH 21000'00" EAST 168.00 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 200.00 FEET; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 38015'00"AN ARC DISTANCE OF 133.52 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 72045'00" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 27052'12" AN ARC DISTANCE OF 145.93 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 200.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 79022'48" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 25051'33" AN ARC DISTANCE OF 90.27 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 300.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 74045'39" WEST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35008'21" AN ARC DISTANCE OF 183.99 FEET TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 70006'00" EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 2051'31" AN ARC DISTANCE OF 19.96 FEET TO A POINT IN THE WESTERLY LINE OF SAID LOT F, A RADIAL LINE TO SAID POINT BEARS SOUTH 72057'31" EAST. THE SIDE LINES OF SAID STRIP OF LAND SHALL BE PROLONGED OR SHORTENED SO AS TO TERMINATE SOUTHERLY IN SAID NORTHEASTERLY LINE OF SAID GARFIELD AVENUE, AND NORTHERLY IN SAID WESTERLY LINE OF SAID LOT F. AS SHOWN ON EXHIBIT"C-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPA NDER RV SION OF: SAC V►ND sU9�F QQ` p 9 7 41 Exp.co s G 'krW. DICH, L.S. 4693 0300 A DATt EXPIRES 9- 0-99 N0'4M �r GA376106XLEGALS\EX-C1.D0C ��OF CA�O EXHIBIT 99 c '+ 009 SHEET 1 OF 3 SHEETS EASEMENT AREA N 1709'59'W OVERLOOK --g RAD-PRC DRIVE N 89'19'44'W 185.35' _ N 45'40'54°W_ RAD �R=46'Z N 8632'51'W N 8719�'W F185.35' N 13'58'47'E (R-198') 1 9'� W 4N_89'04'16'E_RA_D R_-46' 085 N 1718'3,CE (R-163')ZLOT E b� 83 DELTA RADIUS LENGTH TANGENT = 1 45'14'S0' 46.00' 36.33' 19.17' 8 82 2 24'28'33' 163.00' 69.93' 35.35' 3 1750'15 317.00' 71.03' 35.66' 4 87 13'07' 29.00' 44.15' 27.63' 5 16'26'51' 417.00' 119.71' 60.27' 81 6 4'04'33' 283.00' 20.13' 10.07' tti 7 900'00' 876.00' 122.31' 61.26' !4? E� 8 T00'54' 824.00' 43.36' 21.69' 9 80'48'48' 64.00' 90.27' 54.48' o W 80 10 1750-1T 282.00' 63.18' 31.72' 0 11 26'08'46' 198.00' 90.35' 45.98' W � 14 751'31' 400.00' 19.96' 9.98' o z 79 15 35'08'21' 300.00' 183.99' 94.99' N Z 3 w 78 O M� N �?'S % SCALE 1"= 100' LOT CC Rqp�; 77 LOT CC k .� 7o P'opw o/ N 75 76 Rp z �0'06' �' R4p,'00`W N 41T51'W 53.19' / 75 i 1 I , 74•1 aP� LAND 17 p D � 1 `74.10, 29' I � `3rW E., DETAIL "A" * " �S. 4693 = SEE SHEET 2 Q..a SCALE, P= 4W Exp. 9-30-99 \P SEE DETAIL "A" HEREON 9lF qc CAL\F LEGEND: PREPA DER T S OF: ---- EASEMENT LINE PER TR. NO. 14355 LOT LINE PER TR. NO. 14355 ® INDICATES SUBJECT PROPER?Y 1-\37606\W MNG\ a-M-1.a■y 12/10/9, SEE SHEET 1 »EXHIBIT c - �` • • - > SHEET 2 OF 3 SHEETS EASEMENT AREA SEE DETAIL "A" HEREON 1 I / 75 � 9 �4, DELTA RADIUS LENGTH TANGENT - 10 3,r 1 75131" 400.00' 19.96' 9.98' 74�3 2 3508'21' 300.00' 183.99' 94.99' 3 2551'33" , 200.00' 90.27' 45.91' 4 2752'12" 300.00' 145.93' 74.44' 5 31728'34" '200.00' 106.38' 54.48' 73 6 746'26" 2\00.00' 27.14' 13.59' ,39r E 7 8-00'00" 876.00' 122.31' 61.26' N 1 45 c 8 16-26-51' 417.00:- 119.71' 60.27' RPD'PR 9 4'04'33' 283.00' 20.13' 10.07' 72 110 38'15'00" 200.00' 133.52' 69.35' -PRc w TRACT NO. 14355 71 M.M. 7-70 LOT CC E 3 70 lV M� SCALE 1"= 100' �o 69 LOT CC Lo N 1 N ?�626" I 68 R4 p 06'r7p"W o N 75 'w- 0 6 R�� Z 06,00,„W 9 ,pR& 1 � 4► / 67 a I12. A(�410,33~w LAND s S N V 29, �/ 66 E+ DETAIL "A" " Ls. 4693 = ,[ Qa SCALES 1'= 40' * Exp. 9-30-99 j SEE SHEET 3 `�91F F�\P Or CALF LEGEND: ---- EASEMENT LINE PER TRACT NO. 14355 PREPA DER TH U ION 0 LOT UNE PER TRACT No. 14355 ® INDICATES SUBJECT PROPERTY 9 1:\37606\wiPPlNG\DQ4-C2-2.d.9 12/10/91 > SHEET 3 OF 3 SHEETS » EXHIBIT C . p EASEMENT AREA DELTA RADIUS LENGTH TANGENT 1 44'59'59' 300.00' 235.62' 124.26' 2 39'51'4Y 200.00' 139.14' 72.52' 3 05'07'4f 2350.00' 210.34' 105.24' $ SEE SHEET 2 67 S� LOT CC ti N TRACT NO. 14355 ? �2 65 LOT BB LOT P SCALE 1"= 100' N 26'08'17"E LOT BB 45.00' N 26'08'17'E TRUE P.O.B. MOST S'LY CORNER 5.00' r oo LOT BB LA mac, L5. 4693 h � Bq. 9-30-99 LEGEND: ��� lF°1` ———— EASEMENT UNE PREPARE DER TH P ION OF: LOT UNE PER TRACT NO. 143M ® INDICATES SUBJECT PROPERLY I:\37606\MAPPING\EXH—C2-3.dwg 12/11/9i RCA ROUTING SHEET INITIATING COMMUNITY DEVELOPMENT DEPARTMENT DEPARTMENT: SUBJECT: Final Tract Map No. 14355, and Grant Deed, and Easements and Maintenance Agreements COUNCIL MEETING DATE: April 20, 1998 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form by City Attomey) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Attached Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Attached EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FOR DED ' Administrative Staff Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) ( ) ( 24.P ) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: (Below • . For Only) CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 19, 1998 First American Title Insurance Company 114 E 5th Street Santa Ana, California 92702 Attention: Janis Okerlund Regarding: Final Tract Map No. 14355 - Order No. 9738743 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. O. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:cg Enclosure Received by: m 10 Dated: "CR (Telephone:714536-5227) • CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK June 19, 1998 First American Title Insurance Company 114 E 5th Street Santa Ana, California 92702 Attention: Janis Okerlund Regarding: Final Tract Map No. 14355 - Order No. 9738743 This is to inform you that all fees have been paid and conditions met on the above named tract. You are free to record same at your convenience. After recording, please return two prints of the Tract Map to Bruce Crosby, Department of Public Works, P. 0. Box 190, Huntington Beach, CA 92648. Sincerely, Connie Brockway, CIVIC City Clerk CB:cg Enclosure Received by: �(�/40D P6e 6t00L Dated: C;z0 LX-nj F��ti��b - �i'n�e ,�j.e lUo�/zE"10 (Telephone:714-536-5227) NOTICE OF COMPLIANCE WITH CONDITIONS ON TRACT/PARCEL MAP AND AUTHORIZATION FOR RELEASE FOR RECORDING TO: CITY CLERK DATE: 4•Z3' q 8 FROM: COMMUNITY DEVELOPMENT Howard Zelefsky TRACT NO. PARCEL MAP 1`'O. Nb �l at'idV J• u4NO PARK AND RECREATION FEES PAID: BYES $ 1.40 ❑ NO CV4 . OTHER: (! for: Howard Zelefsky Planning Director AUTHORIZATION OF MAP RELEASE TO TITLE CO. TO: Janelle Case Deputy City Clerk FROM: Bruce Crosby Civil Engineer Assistant DATE: June 19, 1998 TRACT NO.: 14355 TITLE CO.: First American Title Insurance Co., 114 E 5th St., Santa Ana, Ca. 92702 PHONE NO.: (714) 558-3211 TITLE OFFICER: Janis Okerlund ORDER NO: OR-9738743 I hereby certify that all Public Works fees, bonds, agreements and insurance requirements have been complied with. f Bruce P. Crosby 30709 Pop wv-w -M c owNCA-• ' Mom• �,,,`' . �ci� fi Luc_-� Ar Art i t i I NOTICE OF ACTION April 0, 1998 . PETITIO DOCUMENT: CONDITIONAL USE PE IT NO. 98-2 (STORAGE USA) APPLICANT: David King, 1517 Rimro Drive, Escondido, CA 92027 PROPERTY O Susa Partnership, LP, 1 440 Little Patuxent Pkwy., Suite 1100, Columbia, MD 21044 REQUEST: To allow the conver on of approximately 1,570 square feet of isting self-stora units into a manager's living unit. LOCATION: 7 McFadden venue (northwest corner at the 405 Freeway) PROJECT PLANNER: Rick amos Dear Applicant: Your application was acted upon by th Zoning dministrator of the City of Huntington Beach on April 29, 1998, and your request s Condition v Approved. Included in this letter are the Conditions of Approval for this app cation. Under the provisions of the Hunt' gton Beach Zoning and bdivision Ordinance, the action taken by the Zoning A( Istr or is final unless an appeal is ed to the Planning Commission by you or by an interested p Said appeal must be in writing a d must set forth in detail the- action and grounds by which he applicant or interested party deems 'mself aggrieved. Said appeal must be accompanie by a filing fee of Two Hundred Dollars ($ 0.00) if the appeal is filed by a single family d lling property owner appealing the decision on is own.property and Six Hundred Fifty Dollar ($650.00) if the appeal is filed by any other party. he appeal shall be submitted to the Secret y of the Planning Commission within ten(10) calendar days.of the date of the Zoning Adminis rator's action. The last day for filin an appeal and paying the'filing fee for the`above noted application is.. May 11, 1998. 6 i, CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSMITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DATE: iVo b e� TO: ATTENTION: _QQi`1 4/1,k;'AdAl N �a?3 D?6V DEPARTMENT: S e f_ �� REGARDING: TC/CAtfT /4.35J� City,St e,Zip reeme.;PZ See Attached Action Agenda Item Date of Approval Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk Attachments: Action Agenda Page Agreement ✓ Bonds Insurance RCA Deed Other CC: f uo 60/1`1�.5 Ne k D nt RCA Agreem7 _Insura�nce- Other %Y�GLs N�O D {rtasy rl�s D�fiec.,RC� Agreement Insurance Other Name Department RCA Agreement Insurance Other Name Department RCA Agreement Insuranc Other Risk Management Dept. Insurance Received by Name-Company Name-Date G:Followup/coverltr (Telephone:714-536-5227) (9) 04/20/98 -Council/Acy Agenda - Page 9 E-6. (Redevelopment Agency) Redevelopment Agency Resolution No. 286 -Approval And Adoption Of Revised Rules And Regulations For Implementation Of The California Relocation Assistance Law—(400.30) Adopt Redevelopment Agency Resolution No. 286 approving and adopting Rules and Regulations for Implementation of the California Relocation Assistance Law- "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving and Adopting Rules and Regulations Governing Implementation of the California Relocation Assistance Law." Submitted by the Economic Development Director [Approved and Adopted 6-0 (Julien: Absent)] E-7. (City Council/Redevelopment Agency)Authorize Sale And Transfer Of Ownership - Ocean View Estates (7051 Ellis Avenue) Mobile Home Unit No. 28 (Estate Of M. Stipe) & Rental Agreement Between The City And Arturo &Adalgisa Sanchez For Space Occupancy— (600.10) Approve Redevelopment Agency Action: 1. Authorize the sale of Ocean View Estates Space No. 28 by the estate of Marge Stipe to Mr. and Mrs. Arturo Sanchez for$10,000 and 2. Authorize the Executive Director to execute documents necessary to deliver$45,745.88 to Express Escrow Company as the Agency's gap payment and City Council Action: Approve and authorize the Mayor and City Clerk to execute the attached rental agreement upon acceptance and execution by the prospective purchaser, Mr. and Mrs. Arturo Sanchez-Agreement Between The City Of Huntington Beach And Arturo Sanchez And Adalgisa A. Sanchez For Occupancy Of Space In Ocean View Estates Mobilehome Park. Submitted by the Economic Development Director&the Deputy City Administrator-Administrative Services Director [Approved 4-2 (Julien: Absent, Sullivan: No, Garofalo: No)] E-8. (City Council)Approval Of Final Tract Map No. 14355 Of Tentative Tract Map No. 14355 With Bonds And Agreements (Palisades)And Grant Deed And Easements And Maintenance Agreements -PLC Land Company -n.w Corner Of Garfield & Holly (Holly- Seacliff Specific Plan Area)—(420.60) 1. Approve Final Tract Map No. 14355 and accept the offer of dedication, improvements, Faithful Performance Bond No. 3SM 913 212 00, Labor and Material Bond No. 3SM 913 212 00 and Monument Bond No. 3SM 913 211 00 (all issued by American Motorist Insurance Company) pursuant to the findings and requirements (Attachment No. 1) to the Request for Council Action dated April 20, 1998; and 2. Approve the Subdivision Agreement between the City and PLC Land Company and authorize execution by the Mayor and City Clerk; and 3. Authorize the Mayor and City Clerk to execute the Grant Deed conveying Lot "Y"from the City of Huntington Beach to PLC Land Company for future use as a privately maintained landscape slope and instruct the City Clerk to have the document recorded with the County Recorder after Final Tract Map No. 14355 records. 4. Approve and authorize execution of the Easement and Maintenance Agreement between PLC Land Company and the City of Huntington Beach granting PLC Land Company access over the park access road for maintenance of perimeter slope areas (maintenance will subsequently be assumed by the project Homeowners Association) and instruct the City Clerk to have the documents recorded with the County Recorder after Final Tract Map No. 14355 records and prior to conveyance of the park parcels to the County of Orange; and 5. Approve and authorize execution of the Easement and Maintenance Agreement from the City of Huntington Beach to PLC Land Company for the maintenance of private sewer and storm drain lines located on City of Huntington Beach property (ultimately County property). Maintenance of these facilities will subsequently be assumed by the Homeowners Association. Instruct the City Clerk to have the documents recorded with the County Recorder after Final Tract Map No. 14355 records and prior to conveyance of the park parcels to the County of Orange. Submitted by the Acting Public Works Director [Approved 6-0 (Julien: Absent)] E-9. (City Council)Award Of Contract For Legal Advertising Services To Huntington Beach Independent— (600.10) (a) Award contract for providing legal advertising (9) TiCe Wotes Office of the City Clerk Huntington Beach, California C Gl Ova Wa-Lou- 14&2 av, Lem. o y � k se le- Lc eS qua In -fit ( Vim'! C'' ��� ..f YLL � �U�*.==,,E:'� -�=• %G.L.{Y•�.-/--•.�s�_ , • J� City of Huntington Beach P.O.Box 190-2000 Main Street * Huntington Beach,California 92648 HUNTINGTON BEACH From the desk of. Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 Fax: (714) 374-1557 a 7Z llrE 7 z) re`c•(h o w/eckl e d GvaS /1� L yvv� i� t7 0Wfi�-- 42 U r n n�Pf �Y►US f- /mac Cl f TiCe Wotes Office of the City Clerk Huntington Beach, .California C,4i d4V I���- `L y1'1 ,�/.� f�brG/ram-r''J :..�..�-�� '�'t,•(�. ��.�,..�.. — - - •- �•� `/�-Ii�C/ `-!'o'er i�C.�.`_!;l /�j �tJ� i-G w. — _..__ rf - �CJ:L.11_J S .�•�.c-C, �r15;��G/(r.Z..-tJ� 9 doe,� �o ,uo ,Z.ce �a•„c do _�.� LAID Et Ce Wo t e s Office of the City Clerk Huntington Beach, CaCfornia 8/�q f AoltlTiR 6 P PDAMD comer. or- som-n c.e . J. City of Huntington Beach P.0.Box 190-2000 Main Street nti Huntington Beach,California 92648 fa HUNTINGTON BEACH From the desk of. Janelle Case ,I 9 Deputy City Clerk J) ) /�•V^//' J�' Telephone: (714) 536-5260 I \ � O � ax: (714) 374-1557 Noh1 = r // R4E i`' • i TiCe JVotes Office of the City Clerk Huntington Beach, CaCfornia �� Sr 141 �� ter- � • m ' � V from the desk of: PAT MYLES DEPUTY CITY CLE K (714) 374-1558 L� �/`��Gc2.�� •Shout r��� ��i� � wok P -Thra L T-4e-1_ RjI Lti P.O. BOX 190 HUNTINGTON BEACH, CA 92648 v Date/Time 7/21/98 10:09:54 AM City of Huntington Beach Page 1 Office of the City Clerk Records Ref Category Subject Entered Status Document Expires Box ID Label 14 420.60 6/11/98 Active 12040 Final Tract Map No. 14355 of Tentative tract map 14355- Palisades-grant deed/easements/Subdivision agreement/ maint agrmt-PLC Land Co-nw cor/Garfield/Holly (Holly- Seacliff) 4/20/98 • PL 600.10 1/7/98 Active 10028 PLC Land Company-Consent for Pending Sale of Ten Tract 14355 to Polygon Communities Inc and Seacliff Ventures (Manning Homes)-The Bluffs-n/w cor Garfield/Edwards-Holly- Seacliff Dev Agrmt Area 12/15/97 I Total Records Detailed: 2 ; C-, J ,w To: Maybrice Henry From: Bruce Crosby Cc. Bcc : Subject : re : Tract 14355 Attachment : Date : 6/9/98 7 : 53 AM They have not paid their fees yet . Please don ' t let record. THANKS original text From Maybrice Henry@CivicCenter, on 6/8/98 4 :13 PM: Bruce, As of 4/27/98 , the fees for Final Tract Map No . 14355 had not been paid. Are we still holding the map for fees or have they been paid? If paid, we need a release form from you. Please let me know the status on this tract . Thanks, Mae 71�� �� -To: Bruce Crosle From: HENRYM • Cc . Bcc: Subject : Tract 14355 Attachment : Date : 6/8/98 4 : 13 PM Bruce, As of 4/27/98 , the fees for Final Tract Map No. 14355 had not been paid. Are we still holding the map for fees or have they been paid? If paid, we need a release form from you. Please let me know the status on this tract . Thanks, Mae r TiCe wotes O ice of..the City Clerk .ff Huntington Beach, California F ' !fir• k Ce Notes `Office of the City Clerk Huntington"Beach, California 40 x5� s 73 �IJ7 14�, ton Beach e11 3 1 Street 7- /4-4-V 7b nia 9264 From the desk of: Janelle Case Deputy City Clerk Telephone: (714) 536-5260 Fax: (714) 374-1557 �Aa�9�• WAa4 e&K- O A, 'Of "A TiCe Notes Office of the City Clerk Huntington Beach, CaCfornia HUNnNGMN BEACH FROM THE DESK OF Bruce Crosby Civil Engineering Assistant Public Works Dept. 536-5247 ��« /yr' S z•¢7' R N �FpFC F A'°R Aye`'lwFO y�NTi ci 2 31998 oR�S DATE: April 22, 1998 oN FAF TO: Bruce Crosby Cy FROM: Bill Holman(, V4&— SUBJECT: Bluffs Tract 14355 Slope, Sewer& Storm Drain Easements Attached please find the executed original revised signature pages for T/L Huntington Beach LLC for the three easement agreements approved by the City Council on April 20. Please forward these pages to the City Clerk for attachment to the agreements. These agreements are to be recorded after Tract 14355 is recorded (tentatively scheduled on or about June 15, 1998). 1 will forward checks for the remaining engineering fees and Reservoir Hill Assessment District split in the next couple of weeks. Thanks for all your help with these agreements. PLC Land Company 23 Corporate Plaza,Suite 250 714.721.9777 Telephone Newport Beach,California 92660 714.729. 1214 facsimile Ni OFA OP s DATE: April 22, 1998 TON 0" TO: Bruce Crosby FROM: Bill Holmanwvt� — SUBJECT: Bluffs Tract 14355 Slope, Sewer& Storm Drain Easements Attached please find the executed original revised signature pages for T/L Huntington Beach LLC for the three easement agreements approved by the City Council on April 20. Please forward these pages to the City Clerk for attachment to the agreements. These agreements are to be recorded after Tract 14355 is recorded (tentatively scheduled on or about June 15, 1998). 1 will forward checks for the remaining engineering fees and Reservoir Hill Assessment District split in the next couple of weeks. Thanks for all your help with these agreements. rJ 1 E f/ 6, . B L K.J /j j rj 1 C— C—, �C- Q r3 y P L c °F- (t-C- ,9 o LJ PLC Land Company 23 Corporate Plaza,Suite 250 714'721.9777 Telephone Newport Beach,California 92660 714. 729. 1214 Facsimile + • TiCe Notes. Office of the City Clerk Huntington Beach, CaCfornia J� City of Huntington Beach P.O.Box 190-2000 Main Street " Huntington Beach,California 92648 HUNTINGTON BEACH - From the desk of. Connie Brockway, CMC City Clerk Telephone: (714) 536-5404 _ Fax: (714) 374-1557 ?avL- D`all-eSufrp vw'l 1 �v u/�(,+tikr.�e, fte 5e cAa►n w k-O,.e -('1 e- ,recu�p�� cl�ocv►ti.w►f� awe b,--rc4-u,,*.,e5 �o 0/1 ,6- Y`A Our%A,.e-6 -}fl c,S. c T A+j e C•4.Y C l4-Ic arka2roSs s �cku�S ,� Cave ��fioh on beeds CC->1 v..a Ne c Q V- t, 71.4, R X jo.JL& sus Two Sr r M a d- Z S'E'e &Ply 01'a T � � IZ Recording requested by, and when recorded return to: i Connie Brockway,City Clerk I Recorded in Official Records, County of Orange Office of the City Clerk Gary Granville,Clerk-Recorder CITY OF HUNTINGTON BEACH I IIIII jllll IIIII I1II1 IIIII IIIII IIIII IIIII IIIII IIIII IIIII NO FEE P.O.Box 190-2000 Main Street 2000025468410:32am 05115100 Huntington Beach,Ca. 92648 102 73 A04 1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 — (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) I PLEASE TAKE NOTICE THAT on April 5, 2000, the City Engineer considered the 1 P public improvements described below, and found them to have been completed satisfactory and C� accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), I the improvements for public use. Further, the public improvements for the subdivision(s)have been dedicated to the City of Huntington Beach, as described on Final Map No. 14355. Public improvements constructed consist of a parking lot and access road as shown on the street improvement plans. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at May 1, 2000 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest May 3 , 20 00 - - --- - -- - Cnnnie Brockway.— City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach, California By � t�i � J� Deputy Christine C ea CITY OF HUNTINGTON BEACH by: City Engineer by: City Attorney 37414 Recording requested by, —� I and when recorded return to: Recorded in Official Records, County of Orange Gary Granville, Clerk-Recorder Connie Brockway,City Clerk II II lily II III II I.III I I Ili II.I.I IIII.I II I 'll I.NO FEE Office of the City Clerk CITY OF HUNTINGTON BEACH I 2000025468410:32am 05115100 P.O.Box 190—2000 Main Street 102 73 A04 1 Huntington Beach,Ca.92648 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 - Z (Space above this line for Recorder's use only) - ACCEPTANCE OF PUBLIC IMPROVEMENTS : m (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) s p n PLEASE TAKE NOTICE THAT on April 5, 2000, the City Engineer considered the 2. 0 public improvements described below, and found them to have been completed satisfactory and �. -0 accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Map No. 14355. Public improvements constructed consist of a parking lot and access-road as shown on the-street improvement plans. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at May 1, 2000 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest May 3, 20 00 Connie :Brockway City Clerk and Ex-officio Clerk of the City Council Of the City of Huntington Beach, California By i t. i /Llili9 Deputy Christine Clea CITY OF HUNTINGTON BEACH by: City Engineer /2_� by: City Attorney 37414 q1TY OF HUNTINGTON BEA,* MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PW 00-34 Council/Agency Meeting Held: `7a'9 a Deferred/Continued to: Approved ❑ Conditionally Approved ❑ Denied _ p -City C k's Signature Council Meeting Date: May 1, 2000 Department ID Number: PW 00-34 CITY OF HUNTINGTON BEACH =w, REQUEST FOR COUNCIL ACTION iV r>-- SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administrator PREPARED BY. ROBERT F. BEARDSLEY, Director of Public Works SUBJECT: ACCEPT THE PUBLIC IMPROVEMENTS FOR THE PARK ACCESS ROAD (TRACT NO. 14355) Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s) Statement of Issue: PLC Land Company, the developer of the Orange County Park Access Road located at the northwest corner of Edwards Street and Garfield Avenue, has completed all required public improvements and is requesting the City to accept the public improvements. Funding Source: Not Applicable. Recommended Action: Motion to: 1. Accept the improvements constructed and dedicated for public use for the Orange County Park Access Road; and, 2. Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements." 3. Direct the City Administrator to establish a meeting with the County to facilitate the transfer of the parcels and establish future County operations. .---� 4 . Unlock the sadouth gate and keep open 24 hours per day; maintain north Alte`�inafive�ccfion(s nd direct staff to return with report in 6 months. 1. Accept improvements and direct staff to open gates. 2. Continue action. 3. Deny the recommended actions. �2 RCA-Bluffs Rd Acceptance.doc -2- 04/25/00 4:01 PM IOQUEST FOR COUNCIL ACTON MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PW 00-34 Analysis: On April 20, 1998, the City Council approved Final Tract 14355. The developer, PLC Land Company, has completed all required public improvements and is requesting acceptance of the work. The public improvements consist of a Park Access Road for the future Orange County Harriett M. Wieder Regional Park including 66 parking spaces, directional signage, curb, gutter, sidewalk and gates at either end of the Road. These improvements were a condition of approval on the Tentative Tract approved by the Planning Commission. The City Engineer has determined that the improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of the improvements. The improvements span two parcels that will be transferred to the County of Orange for the Park. The City's Real Estate Services Division has been in contact with the County to complete the transfer. All previous parcels dedicated to the City for the Park have been transferred to the County "as is" soon after their dedication by the developer. However, in the case of the two parcels that have the improvements, the City decided to wait until the public improvements were completed before transferring the parcels to the County. The County attended the Planning Commission hearing at which the Tract was approved and agreed to the conditions of approval on the project and this approach. The County has recently indicated that in order for them to accept the Park parcels they would: (1) need to complete a walk through of the improvements, and (2) maintain a "closed status" of the improvements, i.e. keep the gates closed, because of staffing and liability due to the fact that the Park is not completed. The question of opening the gates and whether or not to have gates has been debated since the Tract was originally approved and was discussed at length prior to Planning Commission approval. Initially, City staff and the County were opposed to the gates, but at the hearing the County agreed to their construction and the Planning Commission added a condition requiring that the gates be installed. It was decided that operation of the gates (opening and closing them) would be left to the County and no conditions were required regarding that aspect of the improvements. As of April 251", County staff had not provided the City with an estimate of how long the transfer and acceptance would take. However, if the City Council approves the recommended action to accept the improvements from PLC, staff will immediately schedule a walk-through with the County and pursue completion of the necessary documents. Based on recent correspondence and conversations, this may be a protracted process. During the interim period prior to this transfer, the City will have maintenance and liability responsibility for the property. Even though the gates have been closed, the area is used by walkers, joggers and equestrians. PLC has also had to remove graffiti and address maintenance issues related to wear on the road and damage to the temporary irrigation system. RCA-Bluffs Rd Acceptance.doc -3- 04/25/00 4:01 PM *QUEST FOR COUNCIL ACTININ MEETING DATE: May 1, 2000 DEPARTMENT ID NUMBER: PW 00-34 During this period, the City could also choose to open and close the gates. If this occurs, the City should expect the following: 1. Increased maintenance for the road and the hydroseeded area for erosion control. 2. Increased liability given that the slopes beyond the road have not been designed/graded for pedestrian or equestrian use. 3. An annual cost of$6,500 to open and close the gates. 4. Potential increase in police calls. Staff recommends the City Council accept the improvements and direct the City Administrator to establish a meeting with the County to facilitate the transfer of the Park parcels. Staff recommends that the park gates remain closed until a mutually satisfactory agreement is reached between the City and the County. Environmental Status: This recommended action is a ministerial act and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines,.California Admin. Code, Title 14, Chapter 3, Section 15268(b). Attachment(s): NumberCity Clerk's Page . Description 1 Location Map 2 "Notice of Acceptance of Public Improvements" RCA Author: Terri Elliott: gc RCA-Bluffs Rd Acceptance.doc -4- 04/25/00 4:01 PM ATTACHMENT # 1 UC?AD IN 1 VAN= SLAM rAca� aAar>ffia 'Yaaoevx AW.W • a r xm&, A PROJECT ,RAMUN r fill • •'f%•' 'ram{% - rr�{fr• ryL . 3 v - r. a� a:i�rr �`e� • � "Qto VICINITY MAP TT 14355 / CDP 97-5 HUNTINGMN BEACH HUNTINGTON REACH PLANNNO DIVISION ATTACHMENT #2 ATTACHMENT NO. 1 FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP Findings for Acceptance of Final Map: 1. Final Tract Map No. 14355 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14355 conditions of approval as approved by the Planning Commission. Requirements 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map. 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM 913 212 00 as presented in Attachment No. 6 b. Labor and Material Bond No. 3SM 913 212 00 as presented in Attachment No. 6 c. Monument Bond No. 3SM 913 21100 as presented in Attachment No. 6 3. Instruct the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. An approved Subdivision Agreement shall be submitted (Attachment No. 5); e. Payment of Park and Recreation In-Lieu Fees. _.-..,s. - w _� 16 NICIAD I cm?m EMNM I sm WAI M R.Am 'GUEffi 9 • t`, sy MRFMM ALAW •RIDUNAPOUS �XMAM PROJECTHAunnm Lumo Jr IfT :f r:. f , OCgR,f`O VICINITY MAP JJ TT 14355 / CDP 97-5 HUNTINGTON BEACH HUN 1NGTON BEACH PLANNING DMS[ON �; ........ ....... .,,' ,; � ;t s ,: S ', i t t '. '- i � 3 � TENTATIVE TRACT NO. 14355 CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA HOLLY-SEACLIFF If PLANNING UNITS I-2 AND 1-3 Revised. . ; Prelifffnary Site Plan 1 t , L ,; Building Area Plan - >s ' a?' ��f +•�-l- �=_-/-y IIrRIACf�3t , ,1'isi ' �-� ,- '(`. L.`� /�-___ aatKr" tmpnu4lW1W o+ ••„- 1 I'r .'� C 87�r .•�? 1 11 •U ® L to .', C tn�I �I . 11 w. r.•I�.�• r bs� `1.�--�r--i '~' ' ;C� }'� A. •��j��� L�_J L_m L J L_- �/.L,_H'1 14.•al,7.1 .I f yy1'� 1 7 eo . - .:!`; _-`1f _ '!• �C-7 � .� �. •,{-•f,......F1 J L-_ L_J �}_j.`�7•�9��I.N1�LIII .., ,.� ``5JJa uA. 60 t ,a , f q � •l .� ® �• mob-. 1 +. .p, ` � _-J LN•J ..•„1 r 4 r . 1` .se'., ---.n�. ` �. �, nY� r a„ 1 t•f. . e �_p.�J N• �.. I' 79 ! . I• '/ r Y.r+ �1. �-1?.�_� -= I p.. 1 I �� 1 �� I i kF 1 57 w.� 1 1ha s 'f ` l 7+.�! li�'ao 1 20 .. t 1•. q `/ �` r t�l:1• /'a- � � 1%i-�/ ! t ,�; 7 '.�`1 , 'e..� f�1-.�1 r 70hc115' (I.Ob 139,88.85) 59 ® ••mow '`-/ L-�_. !_ t / /�>a i p'=7 / ts' / ; I . . � WX120' PAb40-65) 26 17 % JI a• `;�i: 4�71v/ i_4+./ 1 d �a• /-=,. f!J 1`1 I .. TOTAL 85 1r ram. •' , �-N ,�1 t 1 w�lalu_��L Rkll°r�-a 4 }: Js+, r?: -"'J riF • I A LANE DEVELOPER IlYQ!EB ® � - ' •.. NORIN v�,ar•m rLc We p MDS AN I . _ - k„ ' 0 I Huntington Beach Planning Commission P.O. BOX 190 CALIFORNIA 92648 August 15, 1997 PLC Land Company 23 Corporate Plaza, Ste. 250 Newport Beach, CA 92660 SUBJECT: TENTATIVE TRACT MAP NO. 14355/COASTAL DEVELOPMENT PERMIT NO. 97-5 (The Bluffs) PROPERTY OWNER: PLC Land Company, 23 Corporate Plaza, Ste. 250,Newport Beach, CA 92660 REQLjEST: To permit the subdivision of approximately 40.2 acres into 85 numbered lots and 24 lettered lots for future development of 85 single family residential units. Associated infrastructure, including roads and utilities, will be constructed. The request includes the creation of a park road that will provide public access to the proposed Harriett M. Wieder Regional Park directly west of the residential project. The request also includes grading of the project site and approximately four acres of the proposed Park adjacent to the project site and installation of perimeter fencing for the residential project. LOCATION: Northwest corner of Garfield Avenue and Edwards Street DATE OF ACTION: August 12, 1997 Your application was acted upon by the Planning Commission of the City of Huntington Beach on August 12, 1997, and your request was conditionally 012roved. Attached to this letter are the Findings and Conditions of Approval for this application. (pcc1812-13) Under the provisions of the Huntington Beach Ordinance Code,the action taken by the Planning Commission is final unless an,appeal is filed to the City Council by the Applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the City Clerk's office within ten(10)working days of the date of the Commission's action. There is no fee for the appeal of.a coastal development permit. In your case, the last day for filing an appeal is August 26, 1997. This project is in the Appealable portion of the coastal zone. Action taken by the Planning Commission may not be appealed directly to the Coastal Commission unless Title 14, Section 13573 of the California Administrative Code is applicable. Section 13573(a)(3) states that an appeal may be filed directly with the Coastal Commission if the appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this article. The other three grounds for direct appeal do not apply. If the above condition exists, an aggrieved person may file an appeal within ten(10)working days,pursuant to Section 30603 of the Public Resources Code, in writing to: South Coast Area Office California Coastal Commission 200 Oceangate, 1 Oth Floor Long Beach, CA 90802-4302 Attn: Theresa Henry (562) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed. Applicants will be notified by the Coastal Commission review. Applicants are advised not to begin construction prior to that date. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application become_s null and void two (2)years after final approval,unless actual construction has started. If there are any further questions,please contact Mary Beth Broeren, Associate Planner at (714) 536-5271. Sincerely, Howard Zelefsky, Secretary Planning Commission by: Scott Hess,AICP Senior Planner Attachment: Findings and Conditions of Approval (pcc1812-14) FINDINGS AND CONDITIONS OF APPROVAL TENTATIVE TRACT MAP NO. 14355/ COASTAL DEVELOPMENT PERMIT NO. 97-5 FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 14355: 1. Tentative Tract Map No. 14355 for subdivision of 40.2 gross acres for the purpose of an 85 unit residential subdivision and creation of a park road for public access to the proposed Harriett M. Wieder Regional Park is consistent with the General Plan Land Use Element designation of Residential Low Density and Open Space-Park on the subject property, or any applicable specific plan, or other applicable provisions of this Code. Single family developments and parks are permitted uses. 2. The site is physically suitable for the type and density of development at 2.1 units per gross acre. The site was previously studied for a greater intensity of land use (four units per acre) at the time the General Plan land use designation and the Holly Seacliff Specific Plan zoning were adopted for the property. The size, depth, frontage, street width and other design features of the proposed subdivision are in compliance with the Specific Plan. 3. The design of the subdivision and the proposed improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The.project site was previously evaluated in Environmental Impact Report No. 89-1 and will comply with appropriate mitigation measures. There are no environmental impediments to the project. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements,for access or for use, will be provided. The subdivision will provide all necessary easements and will not affect any existing easements. FINDINGS FOR COASTAL DEVELOPMENT PERMIT NO. 97-5: 1. Coastal Development Permit No. 97-5 for the subdivision of 40.2 acres for purposes of an 85 unit residential project and grading and construction of related infrastructure including, streets,utilities and a park road for public access to the proposed Harriett M. Wieder Regional Park, as proposed or as modified by conditions of approval, conforms with the General Plan, including the Local Coastal Program. Specifically,the project preserves and enhances visual resources within the coastal zone through creation of a park road which provides public access to views of coastal resources and through provision of adequate landscaping. (pcc1812-15) 2. The project is consistent with the requirements of the CZ Overlay District,the base zoning district, as well as other applicable provisions of the Municipal Code. The proposed lots comply with all code requirements, including lot size and lot frontage. The project will comply with the mitigation measures of Environmental Impact Report No. 89-1. 3; At the time of occupancy the proposed development can be provided with infrastructure in a manner that is consistent with the Local Coastal Program. Access,utilities, and all other infrastructure will be provided as required by the Holly Seacliff Specific Plan and the City. 4. The development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Proposed subdivisions located 300 feet away from the water are not required to provide vertical or lateral access to coastal resources. The project does include a park road which provides public access to views of the coast shoreline and wetland areas and will provide direct access to the proposes Harriett M. Wieder Regional Park located within the coastal zone. CONDITIONS OF APPROVAL-TENTATIVE MAP NO 14355: 1. The tentative map received and dated June 11, 1997, shall be the approved layout with the following modifications: a. A common landscape lot or landscape easement, as approved by the Park,Tree and Landscape Division, shall be provided on the exterior side of Lot No. 26. 2. Prior to submittal of the final map for approval by the City Council,the following shall be required: a. The revised map pursuant to Condition No. 1 shall be submitted to the Department of Community Development for review and approval by the Planning Division and the Park, Tree and Landscape Division. b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted to the Department of Community Development and approved by the City Attorney. The CC&Rs shall reflect the maintenance of all walls and common landscape areas by the Homeowners'Association and the location of the earthquake fault setback lines. The CC&Rs must be in recordable form prior to recordation of the map. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PV ) a. A Lot Line Adjustment or modification of the final map placing the project slopes within the tract boundary and the park road outside of the tract boundary shall be approved and recorded, or the project slopes shall be maintained through a Maintenance Agreement. (pac1812-16) b. The following shall be dedicated to the City of Huntington Beach: 1. The water system and appurtenances as shown on the improvement plans for this tract. 2. An easement over the private streets for Police and Fire Department access. 3. A two foot public utility easement within the private streets. 4. Access rights in, over,across;-upon and through the private streets fro the purpose of maintaining,servicing, cleaning,repairing and replacing the water system. c. All vehicular access rights to Garfield Avenue and Edwards Street shall be released and relinquished to the City of Huntington Beach except at locations approved by the Planning Commission. d. The remaining street improvements at the intersection of Seapoint Street and Garfield Avenue shall be completed per Public Works Standards. The median in Seapoint Avenue shall be modified with respect to planting and irrigation to Public Works standards based on revisions directed by the City Traffic Engineer. The landscape Plans shall be reviewed and approved by the Park, Tree and Landscape Division. (PW) e. The park access road shall be constructed per Public Works Standards. The road and park road gates shall be completed prior to final inspection of the first residential unit in the project. . f. Contour the grade or vary the slope grade behind lots 67-77 to provide a more natural look. g. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. The developer shall design and construct the drainage system required to serve the development. h. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. i. The design of the storm drain and sewer system shall be approved by the Public Works Department. j. The sewer and storm drain system shall be private to the end of the first manhole or junction structure downstream of the tract. The private systems which include storm drain filter cleansing traps shall be maintained by the Homeowners Association. k. Cross gutters will not be permitted on Edwards Street at Street"A"and Street"I". addition, a cross gutter will not be permitted at Garfield Avenue and the park access road. (pc1812-17) 1. The water improvements shall be designed and installed per the City of Huntington Beach Water Division's Standard Plans, Specifications and Design Criteria. m. The developer shall submit water system calculations with the project's first plan check. n. No combustible construction shall occur without the approved water system installed. o. A separate water meter and backflow prevention device shall be provided for the irrigation system. p. Reclaimed water shall be used for only the irrigation system in the proposed Harriett M. Wieder Regional Park,adjacent to the Southern California Edison property, along Edwards Street and along Garfield Avenue. q. The engineer or surveyor preparing the final 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. r. The engineer or surveyor preparing the final 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. s. All landscaping improvements (perimeter, commonly owned areas, Regional Park slopes adjacent to the residential project) shall be installed and inspected pursuant to an approved Landscape Plan. t. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein, including: " 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Thirteen(13) new fire hydrants shall be installed at locations approved by the Fire Department. (FD) 3) Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification#401. (FD) 4) Installation of required landscaping and irrigation systems and landscape irrigation and planting installation shall be certified to be in conformance with the City" approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final inspection and approval. (PW ) (pcc1812-1 s) 4. Prior to issuance of grading permits, a grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval (PW ). 5. A Conditional Use Permit and,where appropriate, a Coastal Development Permit shall be required and approved prior to issuance of building permits for construction of any residential units. 6. The retaining wall on the north property line adjacent to the Southern California Edison Facility shall be either a slumpstone wall.(La Paz Brown)or a battered interlocking block wall such as "Keystone,"..Terrastop" or"Versa-Lok"systems, in an Earth Brown. Said wall shall not require planting or irrigation. (PW ) • 7. A minimum eight foot wide, 20 foot long landscape area(Portions of Lot Nos. 34 and 35) shall be maintained at the terminus of Street F. This may be maintained by the two property owners or by the Homeowners Association. INFORMATION ON SPECIFIC CODE REQUIgMENTS --TENTATIVE T AcrT . MAP NO. 14355 : 1. All applicable Public Works fees shall be paid prior to,map recordation. (PW ) 2. Park and Recreation Fees shall be paid, or accrued credits assigned,prior to acceptance of the final map by City Council. 3. The project shall comply with the Affordable Housing Plan for the Holly Seacliff area. Final inspection(certificate of occupancy) shall not be approved for residential units in the project if the affordable housing requirements for the Holly Seacliff area are not met at the time that final inspection is requested. 4. Tentative Map No. 14355 and Coastal Development Permit No. 97-5 shall become null and void unless exercised within two (2)years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. 5. The applicant shall submit a check in the amount of$38 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the Conn of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. (pcc1812-19) CONDITIONS OF APPROVAL-COASTAL DEVELOPMENT PERMIT NO 97-5: 1. The building area plan dated August 1, 1997,fence plan dated July 28, 1997 and entry gate plan dated March 5, 1997 shall be the conceptually approved layout with the following modifications: a. Depict all utility apparatus, such as but not.limited to back flow devices and Edison.. transformers on the site plan. Utility meters shall be screened from view from public rights-of-way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) b. Depict all gas meters,water meters, electrical panels, air conditioning units, mailbox facilities.and similar items on the site plan and elevations. If located on a building,they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non-obtrusive, not interfere.with sidewalk areas and comply with required setbacks. 2. Prior to submittal for building permits for the fence/walls and entry gate,the following shall be completed: a Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits(architectural., structural, electrical,mechanical and plumbing). b. Names of streets shall be submitted to and approved by the Huntington Beach Fire Department in accordance with City Specification No. 429. (FD) c. Submit three (3) copies of the site plan and the processing fee to the Planning Division for addressing purposes after street name approval by the Fire Department. d. All Fire Department requirements shall be noted on the building plans. (FD). e. A detailed soils analysis shall be prepared by a registered Soils Engineer and submitted with the building permit application. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding: grading, foundations,retaining walls, streets,utilities,and chemical and fill properties of underground items including buried pipe and concrete and the protection thereof. (Code Requirement) (p=1812-20) f. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 3. Prior to issuance of grading permits, a grading plan,prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) 4. Prior to issuance of building permits for the fence/walls and entry gate,the following shall be completed: a. Submit copy of the revised site plans pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Community Development. b. A Landscape Construction Set must be submitted to the Department of Public Works and approved by the Departments of Public Works and Community Development. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location,type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials for the entire project site including slope areas for the proposed Park directly adjacent to the residential project; an irrigation plan;'a grading plan; an approved site plan and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with the Holly-Seacliff Specific Plan, and all landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (PW ) (Code Requirement) c. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) d. The Final Map shall be accepted by the City Council,recorded with the Orange County Recorder and a copy filed with the Department of Community Development. (Code ,Requirement) e. Submit gated entryway(access control devices)plans to the Department of Community Development. The gated entryway shall comply with Fire Department Standard No. 403. Prior to the installation of any gates, such plan shall be reviewed-and approved by the Community Development,Fire and Public Works Departments. 5. Prior to combustible.construction, all roadways shall be completed to the base course of asphalt. (pcc1812-21) 6. During construction,the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%)by weight for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 7. Prior to final building permit inspection and approval for the fence/walls and entry gate the following shall be completed: a. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein,including: 1) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 2) Thirteen(13)new fire hydrants shall be installed at locations approved by the Fire Department. (FD) 3) Fire Department access roads shall comply with Huntington Beach Fire Code and City Specification#401. (FD) 4) Installation of required landscaping and irrigation systems and landscape irrigation and planting installation shall be certified to be in conformance with the City approved landscape plans by the landscape architect of record in written form to the City Landscape Architect prior to the final inspection and approval. (PV ) b. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. c. All building spoils, such as unusable lumber,wire,pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. (pcc1812-22) d. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification Nos.422 and 431 for the abandonment of oil wells and site restoration. (FD) e. The project will comply will all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification.No. 429 for new.construction within the methane gas overlay districts. (FD) 8. A Conditional Use Permit and,where appropriate, a Coastal Development Permit shall be required and approved prior to issuance of building permits for construction of any residential units. 9. The Community Development Director ensures that all conditions of approval herein are complied with. The Community Development Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Community Development Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required. INFORMATION ON SPECIFIC CODE REQUIREMENTS: 1. Coastal Development Permit No. 97-5 shall not become.effective until the ten day appeal period has elapsed. 2. Coastal Development Permit No. 97-5 shall become null and void unless exercised within two (2).years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Department of Community Development a minimum 30 days prior to the expiration date. 3. The Planning Commission reserves the right to revoke Coastal Development Permit No. 97- 5,pursuant to a public hearing for revocation, if any violation of these conditions or the Huntington Beach Ordinance Code or Municipal Code occurs. 4. An encroachment permit shall be required for all work within the right-of-way. (PV ) 5. The development shall comply with all applicable provisions of the Municipal Code, Building Division, and Fire Department as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. This includes Chapter 14.52, Water Efficient landscape Requirements of the Municipal Code. (p=1812-23) 6. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 7. The applicant shall submit a check in the amount of$38.00 for the posting of the Notice of Exemption at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Department of Community Development within two (2) days of the Planning Commission's action. , (pcc1812-24) : � � . . < - \ �\ y� y\ y \y y \ =Ate/ - � _ ����� � ~§ �\�\ \ �2 �5 ��` - ��£`�: � �\ m- _ . . � x .. �d 2 �\�/ "�( ������\ ^ « < - � °< � < �v . : . , ��,>�a .�a . . . .ee �: ��. �� ��.p,� .:_ �» ;� :vim . . .�� . . ��:�y r �. : w- . :: e . .��� .G . �: . 22���_ :�. �:w �a. , .� . � . .. . �,. .a.,:� . . :��wz �:�, SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC FOR TRACT NO. 14355 TABLE OF CONTENTS Section Page 1 General Improvements ...........................................................................................2 2 Arterial Highway Improvement ..............................................................................3 3 Guarantee...............................................................................................................3 4 Plant Establishment Work.......................................................................................3 5 Improvement Plan Warranty...................................................................................3 6 No Waiver by City..................................................................................................4 7 Costs............................................................................................ ...4 ...................... SSurveys.................................................................................................................4 9 Improvement Security...........................................................................................4 10 Indemnification, Defense, Hold Harmless.............................................................6 11 Insurance........................................................................................ ..........6 12 Non-Performance and Costs................................................................................7 13 Record Map................................................................................. ...........8 .............. k/autowx0ma SUBDIVISION AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND PLC COMPANY FOR TRACT NO. 14355 THIS AGREEMENT is entered into this ?ntn day of Aprii , 1998, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "CITY," and PLC a California general partnership, hereinafter referred to as "SUBDIVIDER." RECITALS WHEREAS, SUBDIVIDER is the owner of a tract of land in CITY, which it is seeking to subdivide into lots and to dedicate certain streets, alleys, and other improvements therein to public use, and is about to file with CITY a map of the tract of land known as Tract No. 14355; and As a condition of the approval of and prior to the recordation of said subdivision map, SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain other improvements in said subdivision; and SUBDIVIDER desires to enter into an agreement with CITY to delay performance of certain of the work; to agree to perform said work as herein provided; and to execute and deliver to CITY bonds for the faithful performance of said agreement, for the payment of all labor and material in connection therewith, and for the guarantee and warranty of the work for a period of one (1) year following completion and acceptance thereof against any defect in work or labor done, or defective materials furnished, as required by Sections 66499 and 66499.3 of the Government Code of the State of California, and Chapter 225 of CITY'S Zoning and Subdivision Code. NOW, THEREFORE, in consideration of the promises and agreements of the parties as herein set forth, the parties agree as follows: 1 jmp/k/tractp1c/2/25/98 1. GENERAL IMPROVEMENTS SUBDIVIDER does hereby agree to do and perform the following work in said tract: - all conditions of the tract map not completed at the time of the recordation thereof to include, but not limited to, the construction of streets, including excavation, paving, curbs, gutters, sidewalks, trees and landscaping; sewers, including construction of main lines and lot laterals and structures; street lights; street signs; construction of domestic water systems including the construction of water mains, services and installation of meters; engineering costs; and any other deposits, fees or conditions as required by CITY ordinance or resolution and as may be required by the City Engineer. All of said work shall be done and performed in accordance with plans, specifications and profiles which have been approved by the City Engineer and filed in the office of the City.Engineer. All of work shall be done at the sole cost and expense of SUBDIVIDER. The acceptance of the dedication of said streets, alleys and other improvements, and said work shall be completed on or before two (2) years from the date hereof, unless the tract map conditions require an earlier completion date, and all labor and material bills therefor shall have been paid by SUBDIVIDER. CITY may withhold all occupancy permits until completion of improvements. 2. ARTERIAL HIGHWAY IMPROVEMENT SUBDIVIDER agrees to complete all arterial highway improvements, including perimeter walls and landscaping required by conditions of the tract map, prior to release or connection of utilities for occupancy for any lot in the Tract. 3. GUARANTEE SUBDIVIDER shall guarantee all work and material required to fulfill its obligation as stated herein for a.period of one (1) year following the date of City Council acceptance of same. 2 jmp/k/tractp1c/2/25/98 4. PLANT ESTABLISHMENT WORK SUBDIVIDER agrees to perform plant establishment work for landscaping installed under this Agreement. Said plant establishment work shall consist of adequately watering plants, replacing unsuitable plants, doing weed, rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one (1) year from and after City Council accepts the work as complete. 5. IMPROVEMENT PLAN WARRANTY SUBDIVIDER warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If at any time before the City Council accepts the work as complete or during the one year guarantee period, said improvement plans prove to be inadequate in any respect, SUBDIVIDER.shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY CITY Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or employee of the CITY indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the SUBDIVIDER of his obligations to fulfill this Agreement as prescribed; nor shall the CITY by thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 3 jmp/k/tractp1c/2/25/98 7. COSTS SUBDIVIDER shall pay when due, all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. SURVEYS SUBDIVIDER shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the CITY before acceptance of any work as complete by the City Council. 9. IMPROVEMENT SECURITY Upon executing this Agreement, the SUBDIVIDER shall, pursuant to Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Code, provide as security to the City: A. Faithful Performance For performance security in the amount of One Hundred Twenty Three Thousand Five Hundred Dollars ($1,023,500) which is hundred percent (100%) of the estimated cost of the work. Such additional security is presented in the form of: Cash, certified check, or cashier's check. ✓/Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the SUBDIVIDER guarantees performance under this Agreement and maintenance of the work for one.year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory'performance. I 4 jmp/k/tractp1c/2/25/98 B. For Labor and Material: Security in the amount of Five Hundred Eleven Thousand Seven Hundred Fifty Dollars ($511,750) which is fifty percent (50%) of the estimated cost of the work. Such security is presented in the form of: Cash, certified check, or cashier's check Acceptable corporate surety bond Acceptable irrevocable letter of credit. With this security, the SUBDIVIDER guarantees payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the SUBDIVIDER. SUBDIVIDER may, during the term of this Agreement, substitute improvement .security provided that the substituted security is acceptable to the City Attorney; however, any bond or other security given in satisfaction of this condition shall remain in full force and effect until the work of improvement is finally accepted by CITY and SUBDIVIDER may be required by CITY to provide a substitute security at any time. 10. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SUBDIVIDER shall defend, hold harmless and indemnify CITY and its elective and appointive boards, commissions, officers, agents and employees against any liability or claim for damage of any kind allegedly suffered, incurred or threatened, including personal injury, death, property damage, inverse condemnation, or any combination of these, and resulting from any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement, but save and except those that arise from the sole active negligence or willful misconduct of CITY. The promise and agreement in this Section are not conditioned or dependent on whether or not the CITY has prepared, supplied, or reviewed any plan(s) or specifications(s) in 5 j mp/k/tractplc/2/25/98 connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 11. INSURANCE In addition to SUBDIVIDER'S covenant to indemnify CITY, SUBDIVIDER shall obtain and furnish to CITY a policy of general public liability insurance, including motor vehicle coverage. Said policy shall indemnify CITY, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with this Agreement, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of$1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name City of Huntington Beach, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to this Agreement shall be deemed excess coverage and that SUBDIVIDER'S insurance shall be primary. Under no circumstances shall said abovementioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. Prior to commencing performance of the work hereunder, SUBDIVIDER shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; 6 j mp/k/tractplc/2/25/98 4. and shall state as follows: "The above detailed coverage is not subject to any deductible or self-insured retention, or any other form of similar type limitation." SUBDIVIDER shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY.. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by SUBDIVIDER under this Agreement. CITY shall at all times have the right to demand the original or a copy of all said policies of insurance. SUBDIVIDER shall pay,.in a prompt and timely manner, the premiums on all insurance hereinabove required. 12. NON-PERFORMANCE AND COSTS If SUBDIVIDER fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the CITY may proceed to complete and/or maintain the work by contract or otherwise, and SUBDIVIDER agrees to pay all costs and charges incurred by the CITY (including, but not limited to: Engineering, Inspection, surveys, contract, overhead, etc.) immediately upon demand. SUBDIVIDER hereby consents to entry on the subdivision property by the CITY and its forces, including contractors, in the event the CITY proceeds to complete and/or maintain the work. Once action is taken by CITY to complete or maintain the work, SUBDIVIDER agrees to pay all costs incurred by the CITY, even if SUBDIVIDER subsequently completes the work. Should CITY sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, SUBDIVIDER agrees to pay all attorney's 7 j mp/k/tractplc/2/25/98 fees, and all other expenses of litigation incurred by CITY in connection therewith, even if SUBDIVIDER subsequently proceeds to complete the work. 13. RECORD MAP In consideration hereof, CITY shall allow SUBDIVIDER to file and record the Final Map or Parcel Map for said Subdivision. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. PLC, a California general partnership, CITY OF HUNTINGTON BEACH, A municipal corporation of the State of By: PLC HOLDINGS, a California general California partnership, general partner, By: PACLACO, INC., a California corporation, ' general partner, Mayor B am Jones, Vice-Plksident ATTEST: By: = Christopher C. Gibbs, Secretary City-Clerk By: T/L HUNTINGTON BEACH, LLC, a Delaware APPROVED AST_ FORM: limited liability company, general partner By: LENNAR HUNTI TON BEACH, INC. a ity Attorney California corpo a io aging member 91 By: INITIATED AND APPROVED: Jonat an . J ff4�, Vice President By: Q. � • I�-rc� "C1-�y...F�r_�r�eer .. Theresa L. Pointon, Asst. Secretary �7G REVIEWED AND APPROVED: C' Administrator 8 jmp/k/tractp1c/2/25/98 i I have received Monument Bond No. 3SM 913 211 00, American Motorists Insurance Company; Labor and Material Bond No. 3SM 913 212 00, American Motorists Insurance Company and Faithful Performance Bond No. 3SM 913 212 00, American Motorists Insurance Company. r Re: Final Tract Map 14355— PLC, a California general partnership l Item E-8 of the April 20, 1998 agenda. Dated: B : Y BOND NO. 3SM 913 211 00 PREMIUM wo years First Term Premium Fully Earned MONUMENT BOND KNOW ALL MEN BY THESE PRESENTS: THAT PLC a California general partnership as Subdivider of Tract No. 14355. in the City of Huntington Beach,County of Orange. State of California, has submitted to said City a Final Map of said tract containing an engineer's or surveyor's certificate stating that all final monuments will be set in the positions indicated on or before the date specified in said certificate: That said PLC, a California general partnership (Subdivider) as principal,and American Motorists Insurance Company as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such monuments within or in connection wdh said tract as are not already set prior to the recording of said Final Twelve thousand Map.in accordance with said map and said certificate up to but not in excess of the sum of and no/100 $ 12"000.00 .in which sum we are held and firmly bound to the City of Huntington Beach,all in accordance with and subject to the berms,conditions and provisions of Article 9. Chapter 4 of the Government Code of the State of California IN WITNESS WHEREOF.we have executed this instrument this 18th day of March 19 98 PLC, a California general partnership _ .as Principal By. SEE ATTACHED SIGN TURE PJF— By._ American Mot ists ns r nce Company as Surety By. Wi liam J. shupper By: Attorney Tn Fact 3-31- yd APPROVED AS TO FORM:1 GAIL FfUTTON, City Attorney By Deputy City Attorney STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON le J s cP BEFORE ME. Roberta M. Kem A NOTARY PUBUC IN AND FOR SAID STATE, PERSONALLY APPEARED CI1fIStOpI18f C.Gtbbs AFL PERSONALLY KNOWN TO ME(". TO BE THE PERSON WHOSE NAMES ARE SUBSCRIBED TO THEW N INSTRUMENT AND ACKNOWLEDGE ME THAT�EXECUTED THE SAME IN TI-=ORIZED CAPACITIES, AND THAT BY SIGNATU ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS M SIGNAT 1 MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID ATE IN � - COUNTY Roberta M. Kern t eon (NAME PRINTED) MY COMMISSION EXPIRES ROBERTA M. KERN COMM. #1119189 �1U NOTARY PUBLIC-CALIFORNIA STATE OF CALIFORNIA ) ORANGE COUNTY j ) SS My Comm.Expires Dec.6,2000 COUNTY OF ORANGE ) ON BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED AND PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES. AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS.OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES sosz.ol E State of California County of Los Angeles On OAR before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me -OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the 9n.,agAeae,O°aOp°°°Oaaaaaeeaaaaaoa�� instrument the person(s), or the entity upon G y` C• CI.ARK behalf of which the person(s) acted, executed the COMM.#1154439 Q 2 NOTARY PURUC.CWMRNIA a instrument. m LOS ANGELES CGU(m 3 ®°oo®000ea°aa My CO emaa*as Sept©.,wl e WIT ES myr 1hnand and official seal. IN Ry", GNATUIkE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED _ ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR PAR 1 $ IM ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Home Office: Long Grove, IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledged by their'ieeAlarly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company %°Al( A MuL y* �alA Ilya, 3 Ilip t a ONPOAAnoA C +1� yl All llllMdS e I mo r� p 1 31 LPAV I C Robert P. Harries,Secretary by J.S.Kemper, III,Exec.Vice President Signature Page - Monument Bond Bond #: 3SM 913 21100 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporation, general partner By: Its: UA C6 W-;� By: Its: � AMERI o } STATE OF CALIF NIA }ss. COUNTY OF On k�k �. fe , before me, Roberta M. Kern personally appeared G (Z Iq H/4• m V'ary�s d- 6 y2 t s 7a pig 12 c. G/BBS personally known to me to be the person(s) whose name(s) 'CaDre subscribed to the within instrument and acknowledged to me that h"hgl e executed the same in h' �hiruthorized capacity(ies), and that by hi hei ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS ha7daofficial seal. Signature ROBERTA M. KERN COMM. #1119189 r► NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My Comm.Expires Dec.6.2000 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company • • BOND NO. 3SM 913 212 00 PREMIUM included with Performance Bond LABOR AND MATERIAL BOND WHEREAS,the City Council of the City of Huntington Beach. State of California, and PLC, a California general partnership (hereinafter designated as*Principal')have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement, dated 16.and identified as project 14355 is hereby referred to and made a part hereof,and WHEREAS,under the terms of said agreement,principal is required before entering upon the performance of the work,to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15(commencing with Section 3082)of Part 4 of Division 3 of Civil Code of the State of California. Now,therefore,said principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors,subcontractors,laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedures in the sum of Fln_h red eleven_.t:ezhusand, seven hundred fifty dollars(s 511,750,00 for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by`City'in successfully enforcing such obligation,to be awarded and fixed by the court, and to be taxed as costs and to be included in the Judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons.companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code.so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner I affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof. this instrument has been fully executed by the principal and surety above named,on March_ 18, . 19 98 PLC', a California general partnership as Principal By: SFF. ATTACHED SIGNATURE PAGE By: American Motorists Insurance Company as Surety ------------ By: Willi mLV hupper, Attorney In Fact By: STATE OF CALIFORNIA ) ) SS COUNTY OF ORANGE ) ON E. 10, 6Q90° BEFORE ME, Roberta M Kern A NOTARY PUBLIC IN AND FOR SAID STATE,PERSONALLY APPEARED ChdStopher C. Gibbs AND ��SETHE PERSON$WHOSE S ARE SUBSCRIBED TO THE WI .A N INSTRUMENT AND ACKNOWLEDGES TO ME THAT VE, EXECUTED THE SAME IN UTHORIZED CAPACITIES, AND THAT BY TAR'§IGNATURES ON THE INSTRUMENT THE PERSONS,OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY D SIGNATURE MY PRI CIPAL PLACE OF BUSINESS IS NOTARY PUBLI IN AND FOR SAID STATE IN COUNTY Roberta M. Kern (NAME PRINTED) ti d 400o ROBERTA M. KERN STATE OF CALIFORNIA COMM. #1119189 SS NOTARY PUBLIC-CALIFORNIA � `f COUNTY OF ORANGE *My ORANGE COUNTY Comm,6xpiree Dec.6,2000 ON . BEFORE ME, - _ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY'APPEAREO " AND -- PERSONALLY KNOWN TO ME(OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED,EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN COUNTY (NAME PRINTED) MY COMMISSION EXPIRES am 2 �- APPROVED AS TO FORM Gr IL iUTTON, City Attorneys By:- I)OPUty City Attorney C. L State of California County of Los Angeles On _ ON before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved tome on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the o ��ncoouoeooeeoeooeoe000eseeyo instrument the person(s), or the entity upon C. CLARKSON 2 behalf of which the person(s) acted, executed the R s ��� . COMM.#1154439 a instrument. 2 � NOTARY PUBLIC-CALIFORNIA S o LOS ANGELES CO 2 UIJN 2oeoeoeeacaceeo�O oog S�Pt•5,2001 0 o WI NESS my hand and official seal. (SIGN TURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OR 18IM ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE Signature Page - Labor and Material Bond Bond #: 3SM 913 212 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corpora ' general partner B Its: �C By: Its: cy AMER _, C } STATE OF CALIFOBNIA }ss. COUNTY OF On a �. l F �d' , before me, Roberta M. Kern personally appeared G 2 PqH►3 A ?a yCS C-PR, personally known to me ( eon a to be the person(s) whose name(s) iig oare subscribed to the within instrument and acknowledged to me that �theexecuted the same in hisser hei buthorized capacity(ies), and that by eir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITMrel hand and official seal. Signo-��, }vl ROBERTA M. KERN COMM. #1119189 PR r► NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY My.Comm.Expires Dec.0 2000 (This area for official notarial seal) Title of Document zaj2'_ r )k:6.j &J Date of Document No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company r . ./ First Term Premium Fully Earned BOND NU. 3SM 913 212 00 PREMIUM j ' yrs FAITHFUL PERFORMANCE BOND WHEREAS,the City Council of the City of Huntington Beach,State of California, and PLC, a California general partnership (hereinafter designated as'principal') have entered into an agreement whereby principal agrees to install and complete designated public improvements,which said agreement,.dated 19 . and identified as project_ 14355 is hereby referred to and made a part hereof; and. WHEREAS,said principal Is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement Now.therefor.we.the principal and American Motorists Insurance Company as surety. are held and firrnly bound unto the City of Huntington Beach.hereinafter--ailed'City'.the penal sum of One million, twenty-three thousand;five;hnd. uxed_.&&� P/SQ1.023,500.00 t lawful money of the United States. for the payment of which sum well and truly to be made,we bind ourselves,our heirs, successors,executors and administrators.jointly and severally,firmly by these presents. The condition of this obligation is such that if the above bounded principal. his or its heirs. executors. administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenant,condition and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harrnless'City% its officers, agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be Included costs and reasonable expenses and fees,including reasonable attorney's fees incurred by'City in successfully enforcing such obligation. all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge,extension of time. alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change,extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof.this instrument has been duly executed by the principal and surety above named.on March 18 19 98 PLC, a California general partnership as Principal ey SEE ATTACHED SIGNATURE PAGE American Motorists Insurance Companyas Surety ey ey Will J. Shupper Attorney In Fact �NROVED AS TO FORM:, W1 HUTTON, City Attorney' By. Doputy City. Attorney z C` State of California County of Los Angeles On OR.181998 before me, C. Clarkson, Notary Public, NAME,TITLE OF OFFICER personally appeared William J. Shupper NAME OF SIGNER ■Personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the 0000a0000000e000e000e0000aaoeeoseooes S C. CLARKSON instrument the person(s), or the entity upon R 0-0W#1154439 R behalf of which the person(s) acted, executed the = , S `� NOT.4AYPUSLIC-CAL)FORNIA S instrument. 2 >' ' LO5 ANGELES COUNT( 2 e 4,Sy Comm.Erp:res Sept.5,2001 e °Ooe000000000000000000aooeoeee0000aooeo WIT ES hand and official seal. (SI NATUR OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL Bond(s) ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES' ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR MAR 1 819% ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) American Motorists Insurance Company SIGNER OTHER THAN NAMED ABOVE MEMPER. Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under.the laws of the State of Ilinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company")do hereby appoint William J. Shupper of Los Angeles, California their true and lawful agent(s)and attorney(s)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on its behalf as surety,and as their act and deed: Any and all bonds and undertakings. EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as if the same had been duly executed and acknowledgt_,Py thair're ul� y elected officers at their principal office in Long Grove, Illinois. -,.w Zi THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizances, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process.." This Power of Attorney is signed,sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this January 28, 1993. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company d�uwel ciio a�MuL/N � AN uuaas e q�s laao. rr S COBPORAIB / C�►""'� fi l�in'p''�' Y IA l �I coaroaAnoa o v Robert P.Harries,Secretary by J.S. Kemper, III, Exec.Vice President Signature Page - Faithful Performance Bond Bond M 3SM 913 212 00 PLC, a California general partnership By: PLC Holdings, a California corporation, general partner By: PACLACO, INC., a California corporatio general partner Its: 1�1c�o Q By: Its: � AME � I ti 0 } STATE OF CALIF RNIA }ss. COUNTY OF �� �_ } On 3. before me, Roberta M. Kern , personally appeared G (44.gi9m ab&k5-s C y/zf S-z&0w-0_ - G//ggs , personally known to me ( to be the person(s) whose name(s) ' re subscribed to the within instrument and acknowledged to me that hefs#e ey Oxecuted the same in his/#erAiRrhuthorized capacity(ies), and that by hi eir ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNE=I . eal. Signatu ROBERTA M. KERN COMM. #1119189 •'r► NOTARY PUBLIC-CAUFORNIA ORANGE COUNTY —' My Comm.Expires Doc.8,2000 (This area for official notarial seal) Title of Document ' Date of Document No. of Pages Other signatures not acknowledged h x.0- 3008(1/94) (General) First American Title Insurance Company " 1 d 1996 ? C E I E D MAY 28 1998 /09 P tv GALLAGHER HEFFERNAN INS BRKRS OJO/.YO✓e w-- ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7443 4/.4D /7.0 ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW. San Francisco. CA 94120-74 � n43 , - COMPANY COMPANIES AFFORDING COVERAGE 415-546-9300 , 41 p� AA Acceptance Insurance Company INSURED COMPANY PLC B Ins . Co. of the State of PA 23 Corporate Plaza COMPANY Suite 250 C Newport Beach, CA 92660 �f�� ' `j`�`� COMPANY D ...................... ......:...:::...:::::::..::..::::....:.:. ........ THISIS•T..........'RTIFY...•., :s LICYERIO;PD;::: S OCE THA•T•TH..•.P.......I....I.....•......FI....•.�....RA...............-.T....... ........WHAV....B.:•...........� .......T.�.;•::HI:;;;:: •:;�;: R•TH��.� E OLCESO NSU NCELIS EDBELO E EEN1SSUED OT ENSURED�NAMEDABOVEFO E POLICY PERIOD INDICATED.NOT WITHST ANDINGANYREOUIREMENT,TERMORCONDITIONOF ANYCONT PACT OROTHERDOCUMENT WITHRESPECT TO WHICHT HIS CERTIFICATE MAY BEISSUED ORMAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREINIS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWNMAY HAVE BE&4REGUCED CY PAID CLAMS. CO TYPE OF24MANCE POLICYNUMBQi POLICVEFFECTIVE POLICY EXPIRATIONLIMITS DATE(MWDDIYV) DATE(MMIDOIYY) GENERAL LIAOLRY GENERAL AOOREOATE S A X COMMERCIAL GENERAL LIABILITY D98CM0658 5/08/98 5/09/99 PRODUCTS-COMP/OP AGO S 77 CLAIMS MADE a OCCUR PERSONAL L ADV INJURY S OWNER'S L CONTRACTOR'S PROT EACH OCCURRENCE S 1000000 $25 ,000 SIR FIRE DAMAGE(Any one lire) t - MED EXP(Any one person) _ 1 AUTOMOBILE LIABILITY COM81NED SINGLE LIMIT = ANY AUTO ALL OWNED AUTOS BODILY INJURY = SCHEDULED AUTOS t1 T (Per person) HIRED AUTOS BODILY 14JURY = NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE s -jv I GARAGE LIABILITY ✓' i.J AUTO ONLY •EA ACCIDENT S ANY AUTO �'qjv OTHER THAN AUTO ONLY: EACH ACCIDENT = AGGREGATE S EXCESSLIABILITY EACH OCCURRENCE 3 9000000 B ' X UMBRELLA FORM 41998555 . 5/08/98 5/08/99 AGGREGATE ! 9000000 OTHER THAN UMBRELLA FORM SIR = 10000 WORKERS COMPENSATION AND STATUTORY LIMITS EMPLOYERS'LIABILITY EACH ACCIDENT S THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT : PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE-EACH EMPLOYEE i OTHER -UFI;CRrPYION Of OPFAkTIONSJLCCATKM4VVEHr.LEWSPECIAL ITEMS . Certificate holder named as additional insured per form CG2010 attached. CE19T E1:GA. .. .................................... 17ER>:::•'::>::>::><;:'>:<::::z:::> :'::>::<:>::'>::>:::>::>:<«::�:<>::::>'..>:<::>�:::'::>::<::»:<:�:>':::>>::EAN:CE[�:'FI. : ::::::: SH ULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THETHE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WLL •'AkKX:KMAL City of Huntington Beach its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Agents ,Officers & Employees e�R b �K���S9CN4 RFEA4X l R>SGD4f��01Z�AR�d►1( 2000 Main Street 9FX N7k9 AMltx x 9t�x9��T91 Huntington Beach, CA 92648 HOR1 E c TA1E 071970000 Attn: lChris Mendoza :I�A'`{# . .. . :....::..,.. .,..:.....:.:.....:,..,.:,.:..,:., aC..RD:�5::$.:3E93.............:....::. ............... ................. ;.GOEI ;: . R6C?f�E........... POLICY NUMBER: D98CM065 COMISCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL-GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents, Officers & Employees 2000 Main Street Huntington Beach, CA 92648 Attn: Chris Mendoza (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section 11) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 1 a 1996 ?LCE V ED MAY 2 8 1998 ��4 S� - .. �_'1� .tvAC�i:L::Jri#fi::iii:i:i:4:•:Ji>:::i:iiiiiY:is iniiii-::. �: Li:i?4i}}:L.:•is4i:-i}iii�;Yiiiiii}i:.::•i:L.iiiii:•:<.:i6:i PRODUCER GALLAGHER HEFFERNAN INS BRKRS ��D�!'to ONLY AND CONFERS AT RIGHTS UPON THE CERTIFICATE ! HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P.O. Box 7443 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. San Francisco., CA 94120-7443 / COMPANIES AFFORDING COVERAGE COMPANY 415-546-9300 C.i Cle4*/, tv "g/p,t1ok A Acceptance Insurance Company COMPANY PLC ( Lt r B Ins . Co. of the State of PA 23 Corporate Plaza Suite 250 C Newport Beach, CA 92660 �/�� ' `�`�`� COMPANY D THIS IS TOCERTIFY THAT THE POLICIESOFINSURANCE LISTED BELOWHAVE BEENISSUED TO THE INSURED NAMED ABOVEFORTHE POLICY PERIOD INOICA TED.NOTWIT HST ANDINGANYREOUIREMENT,TERM 0PCONDITIONOF ANYCONTRACT OROT HER DOCUMENT WITHRESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED ORMAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWNMAY HAVE BEEi4REGUCED CY PAID CLAIMS. CO TYPED►SISURANCE POLICYNUMBEA POLIOVEFFECTIVE POLICVEXPIRATIO LIMITS DATE(MWDDIYY) DATE(MMIDOIYV) GENERALLIABLITY GENERAL AGGREGATE A X COMAERCIALGEMRALLIABILITY D98CM0658 5/08/98 5/09/99 PRODUCTS-COMP/OP AGO S CLAIMS MADE a OCCUR PERSONAL L ADV INJURY $ OWNEWS L CONTRACTOWS PROT EACH OCCURRENCE S 1000000 S25 ,000 SIR FIRE DAMAGE(Any One lire) S MED EXP(Any one person) S AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S ANY AUTO ALL OWNED AUTOS BODILY INJURY = SCHEDULED AUTOS - ^(1 i _ (Per person) HIRED AUTOS BODILY INJURY = NX)N•OWNED AUTOS _• (Per accident) PROPERTY DAMAGE j GARAGE LIA13LITY L._ AUTO ONLY -EA ACCIDENT S ANY AUTO J a'O.V OTHER THAN AUTO ONLY: EACH ACCIDENT =.:::: AGGREGATE t EXCESSLIABLITY EACH OCCURRENCE S 9000000 B .X UMBRELLA FORM 41988555 - 5/08/98 5/09/99 AGGREGATE = 9000000 OTHER THAN UMBRELLA FORM SIR t 10000 WORKERS COMPENSATION AND I STATUTORY LIMITS EMPLOVERS'LIABLITV EACH ACCIDENT S THE PROPRIETOR/ INCL DISEASE-POLICY LIMIT S PARTNERS/EXECUTIVE OFFICERS ARE: EXCL DISEASE.EACH EMPLOYEE S OTHER OEICAIPTION OF OPFAAYICNSJLCOATIONVVENtCUSJSPECIAL ITEMS Certificate holder named as additional insured per form CG2010 attached. CE TIE lC. 1E. _A L.. O DER �»>:�::<:::»:::�: i>::: >::::>::::s::: :»:<=::>::>:>>; >::>: ::;:::::;::>�>:>::>::>::<;:::<:>•;;:::.>;:::::::::;:>:;>::<:»::>::>::::::»>:<�»::>::>::::«<:;<:z:::;>::::?:>�;>::>>::><>::::>:'>.i-::?::: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WLlp}(}(OYMAL City of Huntington Beach its 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDERNAMMTOTHELM. Agents ,Officers & Employees BDKetk%W R XMLX4QFXW3=Xi=X4R= t4*IW1X 2000 Main Street 4fx1604)k AN -XT*x q,Rx 4igW* E E 071970000 Huntington Beach, CA 92648 AUTHOR TAT At tn: IChr i s Mendoza ::.... .....:....:.:.....::.:,.,.:...,.; AGOi3D..25..$..:3t93:...::.:.:.::::::::::,:.::.:::::::..:::::::::.::::..:,.:::.::...::::........,..:.:::::::::.:._:::::::::::::::.:...:..:::.:::::::..::.:.;;;;:.. :;;;;,::::.:;.:;;;. CO D.0 F,ptA1•IGJE:.:::::.:.: POIJCY NUMBER: D98CM0658 COMOCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES, OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL-GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Beach its Agents, Officers & Employees 2000 Blain Street Huntington Beach, CA 92648 Attn: Chris Mendoza (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of 'your work`for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Oty of Huntington Beach 2000 Main Street HunnNcroNe�,crr California 92648 DECLARATION of NON-EMPLOYER STATUS In order to comply with City Council Resolution No. 97-20, you are required to provide proof of Workers' Compensation insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provisions of the laws requiring Workers' Compensation Insurance. Applicant/Company Name: Ll_ Address: R, U� Applicant's Signature: f'UO Date: Title: Location Signed: Telephone Number: O G:\RiskMgmt\Cent-Ins\WC-Wvr.Doc (Rev. 8/13/97) EXHIBIT H CITY OF HUNTINGTON BEACH APPLICATION FOR INSURANCE REQUIREMENTS WAIVER OR MODIFICATION 1. Name/Title/Department of Requesting Staff Member: Christi Mendoza/Ofc Spec/RiskMgmt. 2. Date of Request: 8/5/98 3. Name of Contractor/Permittee: PLC 4. Description of work to be performed: Tract Developer 5. Length o Contract: Not a contract w/City; developing land within City 6. Type of Insurance Waiver or Modification Requested: $25,000 SIR (a)Limits: 1,000,000 (b)Coverage: General Liability 7. Reason for Request for Waiver or Reduction of Limits: Unable to secure insurance without SIR on General Liability policy 8. Identify the risks to the City if this request for waiver or modifications granted: None, carrier pays claims directly and bills insured the SIR Department Head Signature: (This section to be completed by the Risk Manager) Recommendation: ' Approve /Deny Risk Manager's Signature/Date (This section to be completed by the City Attorney) Recommendation: p Approve / Deny CityAttorney's Signature/Date Tt/` / B / 5-/ Settlement Committee approval[is] [is not]required for this waiver. If Settlement Committee approval is required,submit form to City Attorney's Office to be placed on the agenda. Recommendation: Approve Deny City Council approval[is] [is not]required for this waiver. If City Council approval is required, attach this form to the RCA after consideration by the Settlement Committee. This insurance waiver[is] [is not]on City Council agenda. j m p/k/res o uti o n/i n s req/2/6/98 7 A , 0 • ' HB CITY OF HUNTINGTON BEACH \. INTER-DEPARTMENT COMMUNICATION TO: Connie Brockway, City Clerk FROM: Gail Hutton, City Attorney DATE: August 12, 1998 SUBJECT: RLS 98-516; Certificate of Insurance for PLC The attached certificates of insurance have been stamped approved as to form per your request. Also, please note that it is unnecessary for multiple certificates of insurance to be submitted by any one individual as long as the current certificate of insurance on file with Risk Management meets the insurance requirements of . Resolution 9720. A copy of the current approved certificate should be submitted with future subdivision agreements. Currently, PLC has met the insurance requirements for permit issuance as well as the subdivision agreement. The term "Blanket Certificate of Insurance" refers to the type of coverage provided by the insurance rather than the use of the certificate to satisfy the City's insurance requirements. Gail Hutton City Attorney Attachments: Insurance certificate and approved waiver for PLC /Jn*p g:\jmp\memos\98516 � � z �< -< �y�w e - - - � \ ». d� � � < © 2��/ � .. �x . ��. . .. . . . �©� �©�»� ~ � / +/^ 2 �� \ ° « «m . : : > :��6, © . �,� . . � �\�\\�f \ � �\�\ ��\ . � . �\ - - - �\�������\ � ���� . � . : ��. ��a. = ���, w »e . y: . ���. .� ��\�. . v.� z. �� «��:< . . ���: «. . © ��:�22 �4�-^^ - - c RECORDING REQUESTED BY: ) 1 . 1 Recorded in the county of Orange, California Gary L. Granville, Clyerk/Recorder AND WHEN RECORDED MAIL TO: 1 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIIIIIII1IlI1IlIIII� No Fee 19980722006 2-AP 10/26/98 1 004 23014780 23 64 CONNIE BROCKWAY CITY CLERK ) G02 4 55 0.00 6.00 9.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH ) 0.00 0.00 http://www.ci.huntington-beach.ca.us 1 P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX - NONE No Consideration TheUndersigned U dersia ed Grantor receiving nothing in return Signature of Declarant or R&T Code Section 11911, or Agent Determining Tax i z� A.P. No. Note: This tax parcel should MAIL TAX STATEMENTS TO: NOT be assessed a separate amount as provided in R&T Code Section 2188.5 GRANT DEED � �b (Lot Y of Tract 14355) FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, THE CITY OF HUNTINGTON BEACH, a municipal corporation ("Grantor"), hereby GRANTS TO PLC, a general partnership ("Grantee"), that certain real property located in the City of Huntington Beach, County of Orange, State of California, more particularly described as follows ("Property"): Lot Y of Tract 14355 as shown on Map recorded in Book77o Pages 28 through33 , inclusive, of Maps in the Office of the Recorder of the County of Orange, State of California. EXCEPTING THEREFROM, all water rights underlying the Property, which rights have heretofore been reserved by prior owners of.the Property. SUBJECT TO all current non-delinquent taxes and assessments, covenants, conditions, restrictions, reservations, rights, rights-of-way and easements of record or apparent. FAW P511DLB1PAUSADE%LOTY.GD 02/24/98 GRANT DEED Tax-Exempt-Govemment Agana/ This document Is solely for the CITY OF HUNTINGTON BEACH official business of the City le Brockway,City lark of Huntington Beach, as contem- plated under Government Code eputy C ty Clerk Sec. 6103 and should be recorded free of charge. The Property is in compliance with the City of Huntington.Beach's Soil Cleanup Standard, City Specification 431-92. Evidence of compliance and building requirements for this property are available at the City of Huntington Beach Fire Department Administration Office. Grantor has caused this Deed to be duly executed as of theol7 day of f— , 1998, at Huntington Beach, California, effective upon the recordation hereof. Grantor: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its - By: Its �`•+�TLl�n1c �'�a7IF� Approved as to form: City Attorney STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On SF 199 before me, 1A,+VA-A- Add M , Notary Public, personally appeared S i lP,�t t� f-told' and C&i-� C4- personally known to me ( to Ue the person@s whose namea)4940 subscribed to the within instrument and acknowledged to me that heMh IfDexecuted the same in I er(Tei authorized capacit �� and that by hisf eir signature�on the instrument the persor�sJ�, or the entity upon behalf of which the personQ acted, executed the instrument. WITNESS my hand and official seal. uwRA a NELSON ignat a(SEAL] commission•1066263 i S y Notary Putflc—Ca tarria S ! oronge County My Comm.E)Vrw Ju 23.1999 F:IWP511D181PAUSADE1l0TY.G0 02/24198 2 GRANT DEED r EXHIBIT "A' 5 N �4'10 33rw LOT G R4D — 75 0 74 TRACT NO. N N 14355 M.M. N 73 N ,445'3g"E , M 72 N 7g_22'48"w 1 - RAD-p�C LOT Y 71 LOT CC co N 70 3 # DELTA RADIUS LENGTH TANGENT N�Rp� pRC b 69 1 T39'4Er 824.00' 52.68' 26.35 2 31'03'48" 283.00' 153.43' 78.65' N 26'26-w LOT Z 3 2651'33" 217.00' 97.94' 49.82' R D- 4 27'52'1 f 283.00' 137.66' 70.22' 66 5 W2814" 217.00' 115.42' 59.11' N 8O'34'46"W 6 7'46'26° 217.00' 29.44' 14.75' 6 8.50' N 161O4O' 0 0 6 67 you � A \��P4 LANp s _`� �4' N 8 8 604� E co W. N^ LS. 4693 _ * Exp. 9-30-99 P / \qlF Of- CAO SCALE 1"= 100'� LEGEND: PREPAR N ER TH PE ION OF: LOT LINE PER TR. NO. 14355 ® INDICATES SUBJECT PROPERTY GARY W. DOKI L.S. 4693 (EXPIRES 9 30 99 I:\37606\MAPPING\EXH—A dwg 3/02/98 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION CITY OF HUNTINGTON BEACH �j ? 3� This is to certify that the interest in real property conveyed by the Deed dated August 27, 1998 from CITY OF HUNTINGTON BEACH,to the PLC,a general - partnership is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 16, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CMC CITY CLERK By: &'4 J 6obnelle Case g:\followup\deedcert/deed 5693/plc (Telephone:714-536-5227) ATTACHMENT 8 RECORDING REQUESTED BY: ) Recorded in the County of orange, California Gary L. Gran{{v{i{I`l{l{{`e4, Clerk/Recorder AND WHEN RECORDED MAIL TO: ) IIIIIIIIIIIIIIIIIIIIIIII`IIIIIIIIIIII1111IIIIIIIIIIIIIIIIIIIIIIII No Fee 19980722008 2;40pm 9/26/98 005 23014780 23 64 CONNIE BROCKWAY CITY CLERK ) _ E01 10 6.00 27.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH ) http://www.90-2ti00 MAbeach.ca.T ) P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX - NONE No Consideration The Undersioned Grantor Grantor receiving nothing in return Signature of Declarant or If � R&T Code Section 11911 or Agent Determining Ta-x �. J i Lr EASEMENT April 20, 1998 The City of Huntington Beach, a municipal corporation ("Grantor"), does hereby grant and convey unto PLC, a California general partnership ("Grantee"), a non- exclusive easement (the "Easement") in perpetuity on, over, under and through those portions of Lot F of Tract 14355 in the City of Huntington Beach, County of Orange, State of California, as shown on Map filed in Book170, PagesZ8 through$$, inclusive, of Miscellaneous Maps, Records of said Orange County (the "Final Map") shown as being subject to the private storm drain easement depicted by Note ) on the Final Map (the "Easement Area") for purposes of maintaining, repairing and replacing the storm drain and related improvements located within the Easement Area (the "Improvements"). 1. Easement Rights. Grantee shall have the right from time-to-time in the Easement Area to lay, construct, maintain, repair, renew, replace, protect, inspect, operate, modify and/or remove the Improvements. 2. Right of Ingress and Egress. The Easement shall carry with,it the right of ingress and egress to and from, and access on and along said Easement Area for the purpose of exercising the rights granted hereunder. During temporary periods, Grantee may use such portions of the property along and adjacent to the Easement Area as may be reasonably necessary in connection with exercising the rights granted hereunder; provided, however, that Grantee's incidental use of property along and adjacent to the Easement Area shall not unreasonably interfere with the use and operation of Lot F by Grantor and the surface of the Easement Area and any such property along or adjacent thereto shall be restored to as near its condition before Grantee's entry thereon or use thereof as practicable. This document is solely for the Tax-Exempt-Government Agency official business of the City FAWPr11DLB1BLUFFS\LOTFLESM CITY OF HUNTINCTON BEACH of Huntington Beach, as contem- 03r12i9e ie Brockway,city rk plated under Government Code Sec. 6103 and should be recorded BY: _ free of charge. [deputy City Clerk 3. Costs and Expenses/Indemnification. The construction, maintenance, repair, replacement, inspection, removal and servicing of the Improvements located within the Easement Area shall be at Grantee's sole cost and expense. Grantee agrees to indemnify, protect, defend and hold City harmless from any claim, loss, damage, liability, lien, cost and/or expense (including attorneys' fees and court costs) arising out of or in any related to the entry upon the Easement Area by Grantee, its contractors, subcontractors, employees, representatives and/or agents. 4. Easement Appurtenant to Lot G. The Easement is hereby made appurtenant to and inseparable from ownership of Lot G, or any portion thereof, of Tract 14355 such that the benefits and the burdens of the Easement shall pass with such ownership and thereby inure to and be for the benefit and become the obligation of the successive owners of said Lot G. Each person or entity who conveys his, her or its entire interest in the ownership of said Lot G shall (i) be released from his, her or its obligations and duties hereunder and (ii) have no further rights hereunder upon the recordation of such conveyance. 5. Abandonment. The Easement shall be a perpetual easement except that Grantee may remove the Improvements from the Easement Area and permanently abandon the rights created herein by written notice of abandonment from Grantee to Grantor. Upon such written abandonment, Grantee shall execute and record a quitclaim deed hereof, whereupon the Easement and all rights and privileges herein granted shall be fully cancelled and terminated. 6. Severability. In the event that any provision hereof, or the application hereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed herefrom. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision hereof shall continue in full force and effect. 7. Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this instrument. [Balance of this page intentionally left blank] FAWPS 1\DLB\BLUFFS\LOTF 1.ESM 03/12/98 2 CUi9 J IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Grantor: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its APPROVED AS TO FORIA: BY GAIL HUTTON,,, City Attorney Its S � By:i Deputy City Attorney Grantee: .- _ PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as a general partner By: s , e rest f BY: (?I� Its , By: T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Delaware limited liability compan as a general partner By: LENNAR HUNTINGTON BEACH, INC., a California corporati as a managing member By: Its V An, By: Its FAW P511OLSIBLUFFSILOTF I.E SM 03/12/98 3 ' • • 0/G/lam EXHIBIT"H-1" (PRIVATE STORM DRAIN EASEMENT) THAT PORTION OF LOTS 76, F AND G OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK 110 , PAGES -,?? TO INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING DESIGNATED ON SAID MAP-AS "O PRIVATE STORM DRAIN EASEMENT". AS SHOWN ON EXHIBIT"H-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED NDER THE SU RVISION OF: GARY W. DO CH, L.S.4693 DATE EXPIRES 9- -99 GA376\061EGAMEX-H 1.DOC (Hc_)cr P�6 is 8�9nrk.J EXHIBIT 99 H- SHEET 1 OF 1 SHEETS PRIVATE STORM DRAIN EASEMENT s TRACT NO. 14355 M.M. 77 N 85'50'00"W W w 120.530 0 0 _ �` I U a a LOT CC 76 SCALE 1"= 50' LACL NQ s LS. 4693 * Up. 9-30-99 Q LEGEND.. �9TF C CAOE��\ ---- EASEMENT UNE PREPAR NDER TH IION OF: LOT UNE PER TRACT NO. 14355 INDICATES SUBJECT PROPERTY GARY W. DOKIC L.S. 4 93 EXPIR S 9 30 99 I:\37606\MAPPING\IXH—H2-1.dwg 12/11/97 CALIFORNIA ALL-PURE ACKNOWLEDGMENT • State of ��•1TUr h 1 a County of rc� On nc--, L , l Qq before me, C�e-o Date Name and Title of Officer(e.g..'J oe -a(a •Notary Public) personally appeared �bl'1=--qtt)� A.:1-T a, e. =—L4� maxc- Name(s)of Signers) � personally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persols) whose name( are subscribed to the within instrument and acknowled�t5i me that the executed the same in-fsfhe uthorized capacity tes and that DEE BAKER We#ve their ignaturEs�on the instrument the persot s Commission#1086001 or the entity upon behalf of which the persons acted, @My NotaryPublic—California executed the instrument. Orange County 19,20004 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tr• (435S; LO+-, F E-.-,- Title or Type of Document:CYerlmA&h+U:)C to 4-4AuMC&;kiz"RPAcgN %,p L.C. Document Date: -4 61 za. 19 9g Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed,by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact _ ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator - ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: 0 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Toll-Free 1.800-876-6827 • �� •CALIFORNIA.ALL PURSE ACKNOWLEDGMENT nn J~ State of �•►�o r n 1 a County of (O r a.P On c 1- L , 199 before me, C 0 kD-r, L)LTI C PLLk Lc , Date T Name Aan�d TWO of Ofrx:er(e.g.,•J e ,Notary Public) personally appeared J6yl3tha.-tn A-: �e- ai /V�r� Name(s)of Signer($) )Lpersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the persoKos whose name(@ is are subscribed to the within instrument and acknowled ed o me that the executed the same in-#isf Te thei uthorized capacity tes and that DEE BAKER waq,,e their ignaturEs�on the instrument the persot�s Commisston#1086001 or the entity upon behalf of which the persons acted, -m Notary Public—California executed the instrument. Orange County My Comm.E>�Ires Apr 19,20M 11, WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Tr. (435s, L 6+5. F E.-C- Title or Type of Document:t:,-r1n M2Aj-1+0 ftu csE--�w1�G,v� CJ►n�Dae��►-��..C. Document Date: -4 6 l zd 1999 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed.by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact _ ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer is Representing: Signer Is Representing: O 1994 National Notary rueaoclation•=6 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 Prod.No.S907 Reader,Call Toll-Free 1400.876.027 C, VIP fil 0 } STATE OF CALIFO NIA }ss. COUNTY OFiLa �-- } On 6 � �, , l 4 5c , before me, b's e-tz—t (} r'�. I�C�t✓ , personally appeared G a ►g tie rri -a t4L-,-s "M-" 0 G FfY215-1-b P►t Jam• C• G t R d S , personally known to me ( to be the person(s) whose name(s) W re subscribed to the within instrument and acknowledged to me that hQ4�theexecuted the same in hike heir uthorized capacity(ies), and that by him�theirgnature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h and official seal. Signature ROBERTA M. KERN comm. #1119189 �► Y NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY —` ` My Comm.Expires Dec.6,2000 . ._ _ (This area for official notarial seal) Title of Document Date of Document "�-D 5 5'GP No. of Pages Other signatures not ac nowledged 3008(1/94) (General) First American Title Insurance Company J CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r 1 State of nA.A V County of On 00-ok �Zj 1��?8 before me, A, /q�F.�Sdvi NOr�{ �Gc., 0 t Date _ Name and Title of Officer(e. )„E - g.,"Jane Doe,No Public" personally appeared sh✓�-I fh — Name(s)of Signer(s) X personally known to me— to be the person(a whose name() ie/®subscribed to the within instrument and acknowledged to me that 4a4sbe/tJS�executed the ,' same in N91' efl40 authorized capacitA iR ,and that by V ( tauRA a NELSON hi&tbz ei �signature0on the instrument the persor , ) commission•lower or the en ity upon behalf of which the persortM acted, �s ei sl Notary Public—CaBromlo executed the instrument. orange County ( My Comm.Fires Jul 23,1999 WITNESS my hand and official seal.7 _ ( Signature of Notary Public N1 OPTIONAL ( ' Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fh fraudulent removal and reattachment of this form to another document. I ( Description of Attached Document Title or Type of Document: 6dZMA*(I'bfWH F4�.�n. n, ttt'A SC44% ( ftZ. irAd- Lets F!4 Document Date: Number of Pages: 3 i-eld a 5 Signer(s) Other Than Named Above: t�aG�a-ems l.�e. Vice. P�cSrda�I' k Su��t�e-n� i ( L•eiftA" R"r%7Aoj4QV% PW.Cfti- %fL& V61AL. rrV_91d... Capacity(ies) Claimed by Signer(s) Gay w• vou�ics., �.s. `� Signer's Name: Stu/L 17ef�� Signer's Name: Cazt4l;o,l$ro�c-ulzrc� , ( ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ) ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General f' ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ _ ❑ Trustee _ ❑ Guardian or Conservator -- ElGuardian or Conservator --- ) L+ Other: AA aAA d-e Top of thumb here X) Other: Ct� Top of thumb here t." Signer Is Representing: a Signer Is Representing: )R 14 .1 ®1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800-876-6827 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK DEED CERTIFICATION q CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated ApriL20, 1998 from CITY OF HUNTINGTON BEACH,to the PLC,a general - partnership is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 16, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY, CIVIC CITY CLERK By: anelle Case g:\followup\deedcert/deed 5694/plc (Telephone:714536-5227) ATTACHMENT 9 i RECORDING REQUESTED BY: ) ) Recorded in the County of Orange, California AND WHEN RECORDED MAIL T0: IGaIryl L. .f IGranville, Clerk/Recorder � IIIIIIlIIIIIIIIIIIIfIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Jill Jill No Fee } 19980722009 2;40pm 10/26/98 CONNIE BROCKWAY CITY CLERK ) 005 23014780 23 64 CITY OF HUNTINGTON BEACH } E01 10 6.00 27.00 0.00 0.00 0.00 0.00 http://www.ci.huntington-beach.ca.us ) P O BOX 190-2000 MAIN STREET HUNTINGTON BEACH CA 92648 ) (Space Above for Recorder's Use) DOCUMENTARY TRANSFER TAX - NONE No-Consideration The Undersigned Grantor I��P `- Grantor receiving nothing in return Signature of Declarant or R&T Code Section 11911 or Agent Determining Tax r' 17. Gt EASEMENT April 20, 1998 The City of Huntington Beach, a municipal corporation ("Grantor"), does hereby grant, bargain, sell and convey unto PLC, a California general partnership ("Grantee"), a non-exclusive easement (the "Easement") in perpetuity on, over, under and through those portions of Lot N of Tract 14355 in the City of Huntington Beach, County of Orange, State of California, as shown on Map filed in Book770, Pagesz throughV, inclusive, of Miscellaneous Maps, Records of said Orange County (the "Final Map") shown as being subject to the private storm drain easement and private sewer easement depicted by Note H on the Final Map (the "Easement Area") for purposes of maintaining, repairing and replacing the storm drain, sewer and related improvements located within the Easement Area (the "Improvements"). 1. Easement Rights. Grantee shall have the right from time-to-time in the Easement Area to lay, construct, maintain, repair, renew, replace, protect, inspect, operate, modify and/or remove the Improvements. 2. Right of Ingress and Egress. The Easement shall carry with it the right of ingress and egress to and from, and access on and along said Easement Area for the purpose of exercising the rights granted hereunder. During temporary periods, Grantee may use such portions of the property along and adjacent to the Easement Area as may be reasonably necessary in connection with exercising the rights granted hereunder; provided, however, that Grantee's incidental use of property along and adjacent to the Easement Area shall not unreasonably interfere with the use and operation of Lot N by Grantor and the surface of the Easement Area and any such property along or adjacent thereto shall be restored to as near its condition before Grantee's entry thereon or use thereof as practicable. Tax Exempt-Govemment AgenCY This document is solely for the F:\WP511Du3\BIUFFStlOTN1.E5M CITY OF HUNTINGTON BF_ cif_icial business of the City irk ! Huntiri to lj L:ram ^.'`' 0311 2l98 nni Brockway,Ci � ,a, d5 COrStem- .:'ated under Ci:vs:rnment Code mac. 6103 and should be recorded gY' PWy City Cleric -� free of charge. • �a5 5 3. Costs and Exoenses/Indemnification. The construction, maintenance, repair, replacement, inspection, removal and servicing of the Improvements located within the Easement Area shall be at Grantee's sole cost and expense. Grantee agrees to indemnify, protect, defend and hold City harmless from any claim, loss, damage, liability, lien, cost and/or expense (including attorneys' fees and court costs) arising out of or in any related to the entry upon the Easement Area by Grantee, its contractors, subcontractors, employees, representatives and/or agents. 4. Easement Appurtenant to Lot P. The Easement is hereby made appurtenant to and inseparable from ownership of Lot P, or any portion thereof, of Tract 14355 such that the benefits and the burdens of the Easement shall pass with such ownership and thereby inure to and be for the benefit and become the obligation of the successive owners of said Lot P. Each person or entity who conveys his, her or its entire interest in the ownership of said Lot P shall (i) be released from his, her or its obligations and duties hereunder and (ii) have no further rights hereunder upon the recordation of such conveyance. 5. Abandonment. The Easement shall be a perpetual easement except that Grantee may remove the Improvements from the Easement Area and permanently abandon the rights created herein by written notice of abandonment from Grantee to Grantor. Upon such written abandonment, Grantee shall execute and record a quitclaim deed hereof, whereupon the Easement and all rights and privileges herein granted shall be fully cancelled and terminated. 6. Severability. In the event that any provision hereof, or the application hereof to any person or under any circumstance, is determined to be invalid or unlawful, or unenforceable to any extent, then to such extent, such provision shall be deemed severed herefrom. However, the application of such provision to any other persons or entities or under any other circumstance other than those as to which it is determined to be invalid, unlawful or unenforceable is valid, lawful and enforceable, and every remaining provision hereof shall continue in full force and effect. 7. Entire Agreement. This instrument constitutes the entire agreement between the parties with respect to the subject matter hereof, and there are no other oral or written agreements between the parties concerning the subject matter of this instrument. [Balance of this page intentionally left blank] RMP51\DL818LUFFS%LOTN1.ESM 03/12/98 2 oil IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. Grantor: THE CITY OF HUNTINGTON BEACH, a municipal corporation By: Its By: APPROVED AS TO FORM:! Its P CAIL HUB 1Cid,: City Attorney BY: Deputy City Attorney. Grantee: - PLC, a California general partnership By: PLC Holdings, a California general partnership as a general partner By: PACLACO, INC., a California corporation as a general partner By: Its en By: Its By: . T/L HUNTINGTON BEACH LIMITED LIABILITY COMPANY, a Del ware limited liability company as a general partner SEE ArrfCH6,0 S1CA/ATURE &OCk) By: LENNAR HUNTINGTON BEACH, INC., a California corpor i n as a managing member By: Its By: its F:1WP51\ B\8WFFS\LOTN1.ESM 03/12/98 3 EXHIBIT"G-1" (PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT) "J THAT PORTION OF LOTS 65, P AND N OF TRACT NO. 14355, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON MAP FILED IN BOOK /_ /V , PAGES _f TOa7 INCLUSIVE OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING DESIGNATED ON SAID MAP AS HO PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT". AS SHOWN ON EXHIBIT"G-2"ATTACHED HERETO AND MADE A PART HEREOF. PREPARED DER THE SUP ISION OF: GAR'., DOK H, L.S. 4693 DATt EXPIRES 9-3 99 GA376\06\LEGALS\EX-G 1.DOC SHEET , OF , SHEETS EXHIBIT " G- PRIVATE STORM DRAIN EASEMENT AND PRIVATE SEWER EASEMENT b�5 5 TRACT NO. 14355 M.M. - s y y 66 LOT BB o� ti°c H Al / 65 SCALE 1"= 50' # DELTA RADIUS LENGTH TANGENT As\ 1 T00'28" 283.00' 34.61' 17.33' 6 \p�pA- LAND s, �`,- � Q C� o CL C� S LS. 4693 * Up. 9-30-99 ��qrF� CAL LEGEND: ———— EASEMENT LINE PREPARE N ER THE R N LOT UNE PER TRACT NO. 14355 INDICATES SUBJECT PROPERTY GARY W. D KIC L. . 4693 (EXPIRES 9 30 99 I:\37606\MAPPING\D(H—G2-1.dwg 12/11/97 A ti } STATE OF CALIFORNIA }ss. COUNTY OF AA&::zl¢ } On ce , before me, g�T-Pr. A . personally appeared Cr (Zvq►i 6rn 16/vas personally known to me ( to be the person(s) whose name(s) i are subscribed to the within instrument and acknowledged to me that h xecuted the same in his{ /6eir iIthorized capacity(ies), and that by h' ignature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNES nd and official seal. Signature 1 ROBERTA M. KERN COMM. #1119189 � NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY -� My Comm,Expires Dec.6,2000 (This area for official notarial seal) Title of Document lt,,I-e� Date of Document 64:�'j ao 15 No. of Pages Other signatures not acknowledged 3008(1/94) (General) First American Title Insurance Company CALIFORNIA ALL-PURASE ACKNOWLEDGMENT 1D�� State of Ca I ny-Y11c't� County of Y�!Fl On Cc,�. (o, I99q before me, b� __ Date 11 Name and Tie of Otricer(e.g..'J e ,Notary Public') personally appeared��/yk.ja-qe. am ci Yt✓ S 1N�atA , Name(s)of Signers) Isoersonally known to me-OR-❑proved to me on the basis of satisfactory evidence to be the person Cs j whose nam (s is re ubscribed to the ithin instrument th and acknowledged to me that he/she e xecuted the same in hisA#'te heir uthorized capacity(iesA and that by their ignatures on the instrument the persotQs oEEBAI�R or the entity upon behalf of which the perso (s acted, Commission#1086001 -m Notary Public—CaBfomia executed the instrument. Orange County My Comm.Expires Apr19,2000 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 7y-. IL+3SS, L.o+ N Title or Type of Document: l.t)Y) l iA 0t24 F���� S �L-Cl Document Date: A-o 1 I .-Lo► nq 9 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed,by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee _ ❑ Trustee _ ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ------- ------ O 1994 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder.Call Tall-Free 14WO-876-6827 •. �qS CALIFORNIA ALL-PURP..aE ACKNOWLEDGMENT 5 State of Ca 1 0'r y11a County of onyx of _ Q ' On � r, (o, -1991 before me, J00 COX. Pit lot to , Date tt Na11m��e and T e of Officer(e.g.,'J e ,Notary Public") personally appeared /v�.sae a.t�o1 /y1�YGSylf�at.� , Name(s)of Signer(s) L5personally known to me—OR—❑proved to me on the basis of satisfactory evidence to be the person whose nam (s is re ubscribed to the ithin instrument and acknowledged to me that he/,she the xecuted the same in hisA% heir uthorized capacity (es and that by DEE BAKER their ignaturoEs on the instrument the persos6 s Commvssion#1oe600l or the entity upon behalf of which the persor (s acted, .m Notary Pub(IC—Cagfamta executed the instrument. Orange County My Comm.E>plres Apr 19,2000 WITNESS my hand and official seal. Signature of Notary Public OPTIONAL Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document -Ty.. IgBS5, Title or Type of Document: �rn.!!.a-6l.t)11 CA, ta" '�ea2a+1 Document Date: �Y 1 ► M9 g Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed.by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): T(tle(s): ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attomey-in-Fact _ ❑ Attomey-in-Fact ❑ Trustee ❑ Trustee ll ❑ Guardian or Conservator ❑ Guardian or Conservator - e ❑ Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: ea 0 1994 National Notary Association•8238 Remmet Ave.,P.O.Box 71114•Canoga Park.CA 91309.7184 Prod.No.5907 Reeder Can Toll-Free 1-600.876-6827 CALIFORNIA ALL-PURRsSE ACKNOWLEDGMENT \p State of ru.a-1 ( County of e� uA- ::�= /� On l%el4W /24 before me, Date Name an Title of Officer(e.g.,"Jane Doe,Notary Pub ) personally appeared � � �'"� !�i-c Name(s)of Signer(s) , t ; impersonally known to me- ❑ to be the persono whose name(S) is/®subscribed to the within instrument and acknowledged to me that hefs ego executed the same infer ei authorized capacit6le'-sb and that by (' 4ios signatureCo on the instrument the persor 5M R ( LAURA A.NELSON ) Commission A 1066263 or the entity upon behalf of which the personaacted, Notary Public—Collfomlo executed the instrument. i. Orange County My Comm. E1Vres Ju123.1999 i (; WITNESS my hand and official seal. _ ( Signature of Notary Public OPTIONAL �I Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. �l �s Description of Attached Document ��y � 1 Title or Type of Document: &4e4-4a+�uf �1i•m w`W e f f+!t�+�I'f>'»&agt, PLG Tr 14355, L-k Z; Document Date: Number of Pages: 3+ed%4Xe-U ( ' Signer(s) Other Than Named Above: t'aGc.Az,o� 8 Svc- 1llcZberj fpltG-S�D6wr1' Srr�.z-Y, (,g>�tN R!1- HvNT KG?0 w1 R,��q,G�-f V l cE' oio:E-S�raC��'t Jic k� Capacity(ies) Claimed by Signer(s) G"4i�y '"'' °oG"""� `''S � � Signer's Name: ..sh112L4f Signer's Name: A ( . ❑ Individual ❑ Individual O Corporate Officer ❑ Corporate Officer Title(s): Title(s): ( ' ❑ Partner—❑ Limited ❑ General ❑ Partner—❑ Limited ❑ General ❑ Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guard ian or Conservator - - Other: AAA4 O'er Top of thumb here ;6�, Other: Pry G_cVx_ Top of thumb here t 4 Signer Is Representing: Signer Is Representing: ( CIPf Gf I•h+�ry7-tnf6r��,R! 'A�� ,- ,„� L�L7'1 dFlf✓Nnti1a� �r4�rf �� 6- __ ��„5 C 1995 National Notary Association•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call Toll-Free 1.800.876-6827 j,"le CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK ��10 DEED CERTIFICATION CITY OF HUNTINGTON BEACH `W' This is to certify that the interest in real property conveyed by the Deed dated April 10, 1998 from CITY OF HUNTINGTON BEACH,to the PLC,a general _ partnership is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: October 16, 1998 CITY OF HUNTINGTON BEACH CONNIE BROCKWAY,CMC CITY CLERK By. 6parielle Case gAfollowup\deedcerddeed 5695/plc 1 Telephone:714-536-5227) ATTACHMF N� l p 4 FLU J_ i RECORDING REQUESTED BY: ) �---- ---- Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder AND WHEN RECORDED MAIL T0: 1 � No Fee 19980722007 2:40pm 10/26/98 CONNIE BROCKWAY CITY CLERK 005 23014780 23 64 ) E01 22 6.00 63.00 0.00 0.00 0.00 0.00 CITY OF HUNTINGTON BEACH ) http://www.ci.huntington-beach.ca.us �— P O BOX 190-2000 MAIN STREET ) ---- -------�____ _ HUNTINGTON BEACH CA 92648 ) - (Space Above for Recorder's Use) \T ZZ� EASEMENT AND MAINTENANCE AGREEMENT (Slope Maintenance) /clf This Easement and Maintenance Agreement is made and entered into as of the allay of April , 1998, by and between PLC, a California general partnership ("Owner"), and the City of Huntington Beach, a municipal corporation ("City"), with reference to the following: This document is solely for the official business of the City of Huntington Beach, as contem- R E C I T A L S plated under Government Code Sec. 6103 and should be recorded A. Owner is the owner of that certain real property locat9AC?notfheh6Wbf --------- Huntington Beach, County of Orange, State of California as more particularly described on Exhibit "A" attached hereto (the "Slope Areas"). B. The Slope Areas are part of a residential development generally known as "The Bluffs" in which a homeowners association (the "Association") has been or will be formed for the purpose of owning and maintaining the Slope Areas as part of the common area of The Palisades. C. City desires that Owner also maintain a portion of certain real property owned by City, which real property is more particularly described on Exhibit "B" attached hereto (the "Maintenance Area"). D. In order to provide Owner with access to the Slope Areas and the Maintenance Area, City also desires to grant to Owner a non-exclusive easement over that certain real property also owned by City and more particularly described on Exhibit "C" attached hereto (the "Easement Area"). Now, therefore, in consideration of the above Recitals, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 9-ppROVED 1`--S TO FOR Attorney F:\wP51\Du3\PALISADE\sLOPE3.ESMT - apt-Govevtnm®ntAgen GAIL gljTTON,` city 03/23/98 CITY OF HUNTINGTON BEACH By DaDuty City attorney Brockway,City Clerk BYClerkO putyo Calty Clerk i 1 . Grant of Easements. City hereby grants to Owner: a. A non-exclusive easement over and upon the Easement Area (the "Access Easement") for purposes of access to and entry upon the Slope Areas and the Maintenance Area; and b. A non-exclusive easement over and upon the Maintenance Area (the "Maintenance Easement") for purposes of access to and entry upon the Maintenance Area for the maintenance thereof as provided in Section 2 below. 2. Maintenance Easement Appurtenant to Ownership of Slope Areas. The Maintenance Easement is hereby made appurtenant to and inseparable from ownership of the Slope Areas, or any portions thereof, such that the benefits and the burdens of the Maintenance Easement and this Agreement shall pass with such ownership and thereby inure to and be for the benefit and become the obligation of the successive owners of the Slope Areas. Each person or entity who conveys his, her or its entire interest in the ownership of the Slope Areas shall (i) be released from his, her or its obligations and duties and (ii) have no further rights hereunder upon the recordation of such conveyance. 3. Maintenance Area. Owner shall maintain the Maintenance Area in a neat, clean and attractive manner; provided, however, Owner shall not be responsible for any damage to, or destruction and/or loss of, the Maintenance Area arising out of or related to any act or omission by any person or entity other than Owner or its contractors, subcontractors, employees, representatives and/or agents. 4. Indemnification by Owner. Owner hereby agrees to indemnify, protect, defend and hold City harmless from any claim, loss, damage, liability, lien, cost and/or expense (including attorneys' fees and court costs) arising out of or in any related to the entry upon the Easement Area and/or the Maintenance Area by Owner, its contractors, subcontractors, employees, representatives and/or agents. 5. Successors and Assigns This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. PLC shall be entitled to assign this Agreement, the Access Easement and/or the Maintenance Easement, or any interest therein, to the Association by one (1) or more written assignment(s) recorded in the Official Records of Orange County, whereupon PLC shall be automatically released from any further obligations hereunder. 6. Counterparts and Facsimile Signature. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but which collectively shall constitute but one and the same instrument. If this Agreement is so executed by one (1) or more parties in counterpart, the pages bearing the signatures of such parties may be transmitted to the other parties by way of facsimile, which transmission shall be deemed the same as delivery hereunder of original signatures. 7. Governing Law and Venue. This Agreement shall be construed in accordance with, and governed by the laws of the State of California, with venue in the County of Orange, State of California. F:\WP511OLBWAUSAOSSLOPE3.ESM 03/23/98 2