HomeMy WebLinkAboutFinal Tract Map 15734 of Tentative Tract Map 15734 (Sandover Council/Agency Meeting Held:
Deferred/Continued to:
14Approved ❑ Conditionally Approved ❑ Denied Cit lerk' ign re
Council Meeting Date: 5/21/2007 Department ID Number: PW 07-026
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CIT COUNCIL MEMBERS
SUBMITTED BY: PCOPtf G LULBRETH-GRAF , DPA, CITY, INISTRATO
PREPARED BY: ROBERT F. BEARDSLEY, PE, DIRECT R OF BL WORKS
SUBJECT: Approve the Release of the Guarantee and Warranty Bond for Tract No.
15734 (Sandover)
Statement of Issue, Funding Source, Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Sufficient time has elapsed since the acceptance of improvements for
Tract No. 15734 (Sandover) located at the southwest corner of Bolsa Chica Street and Los
Patos Avenue. The Guarantee and Warranty Bond provided by the developer, Signal
Landmark, as the security furnished for guarantee and warranty of improvements is eligible
for release.
Funding Source: No funds are required for this action.
Recommended Action: Motion to:
1. Release Guarantee and Warranty Bond No. 1677807-M, the security furnished for
guarantee and warranty of improvements for Tract No. 15734 (Sandover); and,
2. Instruct the City Clerk to notify the developer, Signal Landmark, of this action, and the
City Treasurer to notify the Surety, Insurance Company of the West, of this action.
Alternative Action(s): Deny the recommended action.
AFORMED COPY CAlo;
Not Compared wlfti C)rlginal
Recording requested by,
and when recorded return to: _ ---- -- —
Connie Brockway,City Clerk
Office of the City Clerk Recorded in Official Records; County of Orange
Gary Granville, Clerk-Recorder
CITY OF HUNTMGTON BEACH
P.O. Box 190—2000 Main Street NO FEE
Huntington Beach,Ca. 92648 20010581220 01:49pm 08121101
1103A041
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)
PLEASE TAKE NOTICE THAT on June 28, 2001 , the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and 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..15734.
Public improvements constructed consist of the domestic water system and appurtenances within
both the private and public streets, the storm drain system and appurtenance within the dedicated
easements, and the curb, gutter,paving and sidewalk within Los Patos and Bolsa Chica Street.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at
o$-06 ^ a I City Council Meeting Submitted for Recordation by the Orange County Recorder.
Attest 018 — 13 20 of
CONNIE R CKW Y
City Clerk and Ex-officio Clerk uncil Of the City of Huntington Beach, California
By o e Deputy
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Deputy it Clerk
GAEng\Elliott\Bonds\Tract acceptance form
Council/Agency Meeting Held: d9 Ob—C))
Deferred/Continued to:
'►A proved ❑ Conditionally Approved ❑ Denied C y Cler ' Signature
Council Meeting Date: August 6, 2001 Department ID Number: PW 01-103
CITY OF HUNTINGTON BEACH
REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
SUBMITTED BY: RAY SILVER, City Administratoraw
PREPARED BY. OBERT F. BEARDSLEY, Director of Public Wor s
SUBJECT: APPROVE THE RELEASE OF SECURITIES FOR TRAC NO. 15734 AND
ACCEPT THE PUBLIC IMPROVEMENTS
Fstatement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,Attachment(s)
Statement of Issue: Should Signal Landmark, the developer of Tract No. 15734, which is
located at the southwest corner of Bolsa Chica Street and Los Patos Avenue, receive a
release of securities pursuant to the provisions of the Subdivision Map Act having completed
all required public improvements?
Funding Source: Not Applicable.
Recommended Action: Motion to:
1. Accept the improvements constructed and dedicated for public use with Tract No. 15734;
and,
2. Release Signal Landmark, Faithful Performance/Labor and Material Bond No. 1677807
and Monument Bond No. 1677808 pursuant to California Government Code Section No.
66499.7; and,
Accept Signal Landmark's Guarantee and Warranty Maintenance Bond No. 1677807-M,
the security furnished for guarantee and warranty of improvements, and instruct the City
Clerk to file the bond with the City Treasurer; and,
Instruct the City Clerk to notify the developer, Signal Landmark, of this action, and the
City Treasurer to notify the Surety, Insurance Company of the West, of this action; and,
5% Instruct the City Clerk to record the "Notice of Acceptance of Public Improg'pments"
(attached) with the Orange County Recorder.
Alternative Action(s): Deny the recommended action. "' --D C7.
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&QUEST FOR COUNCIL AC&N
MEETING DATE: August 6, 2001 DEPARTMENT ID NUMBER: PW 01-103
Analysis: On November 1, 1999, the City Council approved Final Map No. 15734 and
accepted Bonds from Signal Landmark, the securities furnished for Faithful
Performance/Labor & Material and Monuments. The developer, Signal Landmark, has
completed all required public improvements and is requesting acceptance of the work and
release of the faithful performance, labor and material and monument bonds, pursuant to
Calif. Government Code Section 66499.7. Public improvements constructed consist of the
domestic water system and appurtenances within both the private and public streets, the
storm drain system and appurtenance, curb and gutter, and paving and sidewalk within the
public streets.
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. Calif. Government Code Section No. 66499.3(d) requires
that security for the guarantee and warranty of the improvements be posted upon acceptance
of the public improvements. The developer, Signal Landmark, have provided Guarantee and
Warranty Bond No. 1677807-M as security.
Following is a list of project data:
Developer: Signal Landmark, 4343 Von Karman Avenue, Newport Beach, CA 92660
Engineer: The Keith.Companies, 2955 Red Hill Avenue, Costa Mesa, CA 92626
Surety Co.: Insurance Company of the West, 11455 El Camino Real, San Diego, CA
92130
Location: Southwest corner of Bolsa Chica Street and Lost Patos Avenue
Zone:
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, Cal. Admin. Code, Title 14, Chapter 3, Section 15268(b).
Attachment(s):
NumberCity Clerk's
Page . Description
1 Location Map
2 Guarantee and Warranty Bond No. 1'677807-M
4 "Notice of Acceptance of Public Improvements"
RCA Author: T. Elliott
01-103 Aug 6 Elliott(Tract 15734).doc -2- 7/18/01.9:33 AM
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VICINITY MAP
TRACT MAP NO. 15734, CONDITIONAL USE PERMIT NO. 98-49,
COASTAL DEVELOPMENT PERMIT NO. 98-17, &NEGATIVE DECLARATION NO. 98-11
THE CITY OF HUNTINGTON BEACH
1107HAY -9 PH 5: 34
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 5/21/2007 DEPARTMENT ID NUMBER: PW 07-026
Analysis: On August 6, 2001, the City Council accepted the improvements constructed and
dedicated for public use within Tract No. 15734 (Sandover) and accepted Guarantee and
Warranty Bond No. 1677807-M; the security for the guarantee and warranty of the
improvements. The required time period has elapsed and the City Engineer has determined
that the improvements have been constructed in substantial compliance with the approved
plans and specifications, and recommends release of the security. The public improvements
constructed consist of the domestic water system and appurtenances within both the private
and public streets, the storm drain system and appurtenances, curb and gutter, paving and
sidewalk within the public streets.
California Government Code Section No. 66499.3(d) requires that the security for the
guarantee and warranty of the improvements be posted upon acceptance of the public
improvements, and the security remains in effect for a period of one year.
Following is a list of project data:
Subdivider: Signal Landmark, 4343 Von Karman Avenue, Newport Beach, CA 92660
Engineer: The Keith Companies, 2955 Red Hill Avenue, Costa Mesa, CA 92626
Surety Co: Insurance Company of the West, 11455 El Camino Real, San Diego, CA 92130
Location: Southwest corner of Bolsa Chica Street and Los Patos Avenue
Strategic Plan Goal: (1-1) Improve the City's plan for funding and completing infrastructure
needs, and develop strategies for resolving crucial infrastructure problems to preserve the
physical foundation of the community and enable the community's value to grow
Public Works Commission Action: Not required.
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 Administrative Code, Title 14, Chapter 3, Section 15268(b).
Attachment(s):
City Clerk's
Page Number • Description
1. Location Map —Tract No. 15734
-2- 5/3/2007 2:08 PM
ATTACHMENT # 1
,
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LOS PATOS AVENUE
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LOCATION MAP - STREET NAMES
TRACT NO. 15734 CITY BOUNDARY
Map produced by information contained in the City of
Huntington Beach Information Services Department STREET CENTERLINES(CLASS) i
Geographic Information System.Information warranted for Smartstreet } �j
City use only.Huntington Beach does not guarantee its Major
completeness or accuracy. Collector
Map Produced on 4/30/2007 Primary
Secondary
N Residential
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ISOBATHS
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One inch equals 100 feet
RCA ROUTING SHEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of Guarantee and Warranty Bond
for Tract 15734 Sandover
COUNCIL MEETING DATE: May 21, 2007
RCA ATTACHMENTS STATUS
Ordinance (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Resolution (w/exhibits & legislative draft if applicable) Attached ❑
Not Applicable
Tract Map, Location Map and/or other Exhibits Attached
Not Applicable ❑
Contract/Agreement (w/exhibits if applicable) Attached ❑
(Signed in full by the City Attorney) Not Applicable
Subleases, Third Party Agreements, etc. Attached ❑
(Approved as to form by City Attorney) Not Applicable
Certificates of Insurance (Approved by the City Attorney) Attached ❑
Not Applicable
Fiscal Impact Statement (Unbudgeted, over $5,000) Attached ❑
Not Applicable
Bonds (If applicable) Attached ❑
Not Applicable
Staff Report (If applicable) Attached ❑
Not Applicable
Commission, Board or Committee Report (If applicable) Attached ❑
Not Applicable
Findings/Conditions for Approval and/or Denial Attached ❑
Not Applicable
EXPLANATION FOR MISSING ATTACHMENTS
REVIEWED RETURNED FORWARDED
Administrative Staff
Deputy City Administrator (Initial)
( ) ( )
City Administrator (Initial) ( ) ( }
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM:
(Below Space For City Clerk's Use •
RCA Author: T. Elliott
j, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
JOAN L. FLYNN
CITY CLERK
May 22, 2007
Signal Landmark
4343 Von Karman Avenue
Newport Beach, CA 92660
Re: Release of the Faithful Performance Bond for Tract No. 15734 (Sandover)
Please be advised that on Monday, May 21, 2007 the City Council of the City of Huntington
Beach took the following action:
Approved Release of the Guarantee and Warranty Bond Provided as Security by Signal
Landmark, Developer of Tract 15734 (Sandover) Located at the Southwest Corner of Bolsa
Chica Street and Los Patos Avenue — 1) Released Guarantee and Warranty Bond No. 1677807-
M, the security furnished for guarantee and warranty of improvements for Tract 15734 (Sandover);
and 2) Instructed the City Clerk to notify the developer, Signal Landmark, of this action, and the City
Treasurer to notify the Surety, Insurance Company of the West, of this action.
Sincerely,
1+4c)
Joan L. Flynn
City Clerk
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g1followup/tract/release bonds for tract-letter.doc
(Telephone: 714-536-5227)
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RECEIVED BY: CITY CLERK RECEIPT COPY
F Return DUPLICATE to
! tiAN S • b° \A— Jeffrey Hughes(ext.6260)
(Name) after signing/dating
gr G(
(Date)
. 41 CITY.OF HUNTING TOM BEACH
-INTERDEPARTMENTAL COMMUNICATION
TO: Shari Freidenrich, City Treasurer
ATTN: Jim Slobojan, Deputy City Treasurer
FROM: lNlrh�l � S
DATE: .
SUBJECT: Bond Acceptance
��• '��, . - I have received the bonds for
S 16NAV �f ►bIA� •
:. (Company Name)
Faithful Performance Bond No.
Labor:and Material Bond No: .
Monument Bond No.
.. Maintenance.Bond No:
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Ey 'Re: Tract No. 13
CC-No.
MSC No:
Approved Agenda Item No.
(Council Approval Date)
City Clerk Vault No.
g:/jah/bondletter.doc
Recording requested by,
and when recorded return to:
Connie Brockway,City Clerk ! !
Office of the City Clerk Recorded in Official Records, County of Orange
CITY OF HUNTINGTON BEACH Gary Granville, Clerk-Recorder
P.O. Box 190—2000 Main Street
IIIIII IIIII IIIII II II IIIII IIIII IIIII IIIII I III I III IIIII Huntington Beach,Ca. 92648 NO FEE
20010581220 01:49pm 08I21/01
1103A04I
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
I
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS NI
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on June 28, 2001 , the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and 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. 15734.
Public improvements constructed consist of the domestic water system and appurtenances within
both the private and public streets, the storm drain system and appurtenance within the dedicated
easements, and the curb, gutter,paving and sidewalk within Los Patos and Bolsa Chica Street.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at
o$-ob -- o 1 City Council Meeting Submitted for Recordation by the Orange County Recorder.
Attest A — 13 20 of
rQNNIE BROCKW Y
City Clerk and Ex-officio Clerk uncil Of the City of Huntington Beach, California
By o e Deputy
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GAEng\Elliott\Bonds\Tract acceptance form
ATTACHMENT 2
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 13, 2001
Signal Landmark
4343 Von Karman Avenue
Newport Beach, CA 92660
Re: Release of the Faithful Performance/Labor& Material Bond and Monument Bond for
Tract No. 15734 --[Acceptance of Public Improvements]
Please be advised that on Monday, August 6, 2001 the City Council of the City of Huntington
Beach took the following action:
(City Council) Approved the Release of Securities for Tract No. 15734 and Notice of
Acceptance of Public Improvements (Signal Landmark) —s/w Corner of Bolsa Chica
Street and Los Patos Avenue (420.60) —1.Accepted the improvements constructed and
dedicated for public use with Tract No. 15734; and 2. Released Signal Landmark, Faithful
Performance/Labor and Material Bond No. 1677807 and Monument Bond No. 1677808
pursuant to California Government Code Section No. 66499.7; and 3. Accepted Signal
Landmark's Guarantee and Warranty Maintenance Bond No. 1677807-M, the security
furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the
bond with the City Treasurer; and 4. Instructed the City Clerk to notify the developer, Signal
Landmark, of this action, and the City Treasurer to notify the Surety, Insurance Company of
the West, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of
Public Improvements with the Orange County Recorder.
Sincerely, /
Connie Brockway, CMC
City Clerk
CB:jh
g:/followup/tract/acceptpublicimp-notice.doc
(Telephone:714536-5227)
I.C.W. GROUP •
®INSURANCE COMPANY OF THE WEST
❑EXPLORER INSURANCE COMPANY
QINDEPENDENCE CASUALTY AND SURETY COMPANY
11455 El Camino Real, San Diego, CA 92130-2045
P.O. Box 85563, San Diego, CA 92186-5563 (619) 350-2400 - FAX (619) 350-2707
MAINTENANCE BOND
Bond No.1677807-M
KNOW ALL MEN BY THESE PRESENTS:
That, SIGNAL LANDMARK, a California corporation, as Principal, and INSURANCE
COMPANY OF THE WEST, a corporation organized under the laws of the State of CALIFORNIA
and authorized to do a surety business in the State of CALIFORNIA, as Surety, are held and firmly
bound unto the CITY OF HUNTINGTON BEACH in the sum of FIFTY FOUR THOUSAND ONE
HUNDRED AND NO/100 DOLLARS ($54,100.00), lawful money of the United States of America,
for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors,
administrators, successors and assigns,jointly and severally, firmly by these presents:
.SEALED with our seals and dated this LOTH day of DULY, 2001.
WHEREAS, on the 14TH DAY OF OCTOBER, 1999, the said SIGNAL LANDMARK, a
California corporation, as contractor, entered into a contract for INSTALLATION AND
COMPLETION OF DESIGNATED PUBLIC IMPROVEMENTS TO TRACT NO. 15734 for the
sum of FIVE HUNDRED FORTY ONE THOUSAND AND NO/100 DOLLARS ($541,000.00);
and,
WHEREAS, under the terms of the specifications for said work, the said SIGNAL LANDMARK, a
California corporation is required to give a bond for FIFTY FOUR THOUSAND ONE HUNDRED
AND NO/100 DOLLARS ($54,100.00), to protect the CITY OF HUNTINGTON BEACH against
the result of faulty materials or workmanship for a period of one year from and after the date of the
completion and acceptance of same, namely, until AUGUST 6, 2002.
NOW, THEREFORE, if the said SIGNAL LANDMARK, a California corporation shall for a period
of one year from and after the date of the completion and acceptance of same by said CITY OF
HUNTINGTON BEACH replace any and all defects arising in said work whether resulting from
defective materials or defective workmanship, then the above obligation to be void; otherwise to remain
in full force and effect.
SIGNAL LANDMARK, a California corporation i.S I'll�.
GAIL t: .TTi N, City A torn9T
By; De City Attorney
BY:
INSURANCE COMPANY OF THE WEST
BY:
DENISE BENNETT
ATTORNEY-IN-FACT
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On July 10, 2001, before me, Marjorie E. Graupensperger,Notary Public,personally appeared
Sandra G. Sciutto,known to me to be the person whose name is subscribed to the attached
instrument and acknowledged to me that she executed the same in her authorized capacity, and
that by her signature on the instrument she executed the instrument.
WITNESS my hand and official seal.
MMJOMEEGRAUP"P62G$t Notbry Public in and for said State
Commission#1149618 Z
Z Notary Public- ty miC
Orange County DESCRIPTION OF ATTACHED DOCUMENT:
My co wn.eoires Aug 2 200t Maintenance Bond for City of Huntington Beach
Sandover Tract 15734
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On July 10, 2001 before me, J.K. Cunningham , Notary
(Date) (Name/Title-Notary Public)
personally appeared Denise Bennett
® personally known to me - OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/ere
subscribed to the within instrument and
acknowledged to me that heAheAhey executed the
same in hie/herAhek authorized capacity(ies), and
that by hi&her/tom signature(s) on the instrument
J. K. CUNNINGHAM JI[ the person(s), or the entity upon behalf of which
o cOMM. #1276175 the person(s) acted, executed the instrument.
g NOTARY PUBLIC-CALIFORNIA
ORANGE COUNTY
My Comm.Exp.Oct. 6.2004 Witness my hand and official seal.
(9 of Notary)
OPTIONAL INFORAL-kTION
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
❑ CORPORATE
❑ OFFICER(S)
(Title)
❑ PARTNERS(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
ICW GROUP No. 0001049
Power of Attorney
Insurance Company of the West
Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY THESE PRESENTS: That Insurance Company of the West,a Corporation duly organized under the laws of the State of California,
Explorer Insurance Company,a Corporation duly organized under the laws of the State of Arizona,and Independence Casualty and Surety Company,a Corporation
duly organized under the laws of the State of Texas,(collectively referred to as the"Companies'),do hereby appoint
JOHN M.GARRETT,STEVEN C.MOSIER,JUDITH K.CM-UNGHAM,DENISE BENNETT,
ERIKA A.NICHOLAS,TERRI L.VAUGHAN AND KARI GOODMAN
their true and lawful Attomey(s)-in-Fact with authority to date,execute,sign,seal,and deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related documents.
IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
a "a'4. tNsug9 't+� INSURANCE COMPANY OF THE WEST
EXPLORER INSURANCE COMPANY
d�
SEAL' INDEPENDENCE CASUALTY AND SURETY COMPANY
„ � a
� gy7otlraA�aD
John H.Craig,Assistant Secretary John L.Hannum,Executive Vice President
State of Califomia
County of San Diego } ss.
On January 16,2001,before me,Norma Porter,Notary Public,personally appeared John L.Hannum and John H.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to me that they executed the same in their authorized capacities,and that by
their signatures on the instrument,the entity upon behalf of which the persons acted,executed the instrument.
Witness my hand and official seal.
NORMA PORTER
COMM#1.257540 n
N rs.w NOTARY PUBLIC-CALIFORNIA th
V SAN DIEGO CO�JNTY
y Commission txpiPea. f11
MARCH 19.2004
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each of the Companies:
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Fact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related
documents.
RESOLVED FURTHER: That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying."
CERTIFICATE
I,the undersigned,Assistant Secretary of Insurance Company of the West,Explorer Insurance Company,and Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Directors of the Companies,and are now in full force.
IN WITNESS WHEREOF,I have set my hand this 10TH day of JULY . 2001
John H.Craig,Assistant Secretary
To verify the authenticity of this Power of Attorney you may call 1-800-877-1111 and ask for the Surety Division. Please refer to the Power of Attorney Number,
the above named individual(s)and details of the bond to which the power is attached.
i •
ALAN SLATER, M(ECUTIVE OFFICER AND
CLERK OF THE SUPERIOR COURT
` O U NJTY O F ORANGE COUNTY SUPERIOR COURT
PROBATE COURT OPERATIONS
z I 341 THE CITY DRIVE
S ] P. O. BOX 14171
R A N G E ORANGE, CA 92613-1571
CLERK OF THE SUPERIOR COURT
(� 'PICATE OF FACT
DATE JULY 5, 2001
I ALAN SLATER, EXBCCTPIVE OFFICER AND CLFRK OF THE SUPFRIm 00[TRT IN AND PIOR
THE COMM OF ORANGE, STATE OF CALIFORL M, DD HEREBY C ERTM THAT I AM THE
OFFICIAL CUSTODIAN OF THE RECORD OF THE SUPFRICXt COURT• COUNTY OF C RANGE,
STATE OF C ALIPtNU A.
I DO Fulzam C22TIFY THAT A COMPLETE LIST OF ALL INSURERS ADMITTED TO TRANSACT
SURETY INSURANCE IN THIS STATE, AS CM 'Z IED TO THIS DEPARTMENT BY THE IlJSURANCE
COMILSSIONER# IS ION FILE IN THIS OFFICE_ INSURANCE COMPANY OF THE WEST
IS ON THE LIST AS C NE OF THE INSURERS ADMITTED TO TRANSACT SURETY INSURANCE IN
THE SPATE OF CALIEKXOM.
IN W17NESS WHEREOF, I HAVE HERF.MM SET MY HAND AND AFFIXED THE SEAL OF THE
SUPERIOR COURT OF THE SPATE OF CALIFIORM IN AND FOt THE COUNTY OF ORANGE.
ALAN SLATERf EXECUTIVE OFFICER
AND CLERK OF THE SUPERIOR COURT
OF THE SPATE OF C ALIFIORNIA
IN AND FOR THE COUNTY OF ORANGE
Ll�- � DEPUl'SC
LINDA C.WALLACE
ATTACHMENT 3
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
August 13, 2001
Gary L. Granville
County Clerk-Recorder
P.O. Box 238
Santa Ana, CA 92702
Enclosed please find "Acceptance of Public Improvements" for Tract 15734 to be recorded and
returned to the City of Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington
Beach, CA 92648.
Please return a conformed copy of the acceptance when recorded to this office in the enclosed
self-addressed stamped envelope.
Connie Brockway, CIVIC
City Clerk
Enclosures
Tract No. 15734—Signal Landmark—s/w comer of Bolsa Chica St. and Lost Patos Ave.
g:/{ollowupttract/acceptpublicim;-recorder.doc
(Telephone:714-536-5227)
Recording requested by,
and when recorded return to:
Connie Brockway, City Clerk
Office of the City Clerk
CITY OF HUNTINGTON BEACH
P.O.Box 190-2000 Main Street
Huntington Beach,Ca.92648
(Space above this line for Recorder's use only)
ACCEPTANCE OF PUBLIC IMPROVEMENTS
(Huntington Beach Zoning and Subdivision Ordinance Section 255.22)
PLEASE TAKE NOTICE THAT on June 28, 2001 , the City Engineer considered the
subdivision improvements described below, and found them to have been completed satisfactory
and 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. 15734.
Public improvements constructed consist of the domestic water system and appurtenances within
both the private and public streets, the storm drain system and appurtenance within the dedicated
easements, and the curb, gutter,paving and sidewalk within Los Patos and Bolsa Chica Street.
The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action Taken at
08-06 ^ o I City Council Meeting Submitted for Recordation by the Orange County Recorder.
Attest oz - 13 20 of
R CKW Y
City Clerk and Ex-officio Clerk zf uncil Of the City of Huntington Beach, California
By Deputy
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by: City Engineer
Tax-Exempt-Government Agency
CITY HU TIN TON BEACH
by: Ci Attorney
By-------- --------- ----------..........
Deputy it Clerk
GAEng\Elliott\Bonds\Tract acceptance form
•
RCA ROUTING 9HEET
INITIATING DEPARTMENT: Public Works
SUBJECT: Approve the Release of Securities for Tract No. 15734 and
Accept the Public Improvements
COUNCIL MEETING DATE: August 6, 2001
..
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 Attorney) Not Applicable
Subleases, Third Party Agreements, etc.
(Approved as to form by City Attorney) 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 Not Applicable
EXPLANATION.FOR MISSING ATTACHMENTS
;REVIEWED _ RETURNED FORWARDED:
Administrative Staff ( ) ( )
Assistant City Administrator (Initial) ( ) ( )
City Administrator (Initial).
City Clerk ( )
EXPLANATION FOR RETURN OF ITEM-.'�.. ....-
(Below Space For City Clerk's Use
Only)
RCA Author: T. Elliott:jm
RECEIVED
MAR 01 20bu
Treasurer's Dept.
Interdepartmental Communication
H"TNGTON BEACH
TO: Jim Slobojan, Deputy City Treasurer
FROM: Christine Cleary, Deputy City Clerk
DATE: March 1, 2000
SUBJECT: Bond Acceptance
Please accept the bonds for Signal Landmark, Subdivider of Tract No. 15734
which are attached:
Monument Bond'No. 1677808
Faithful Performance Bond No. 1677807
Labor and Material Bond No. 1677807
The Request for Council Action dated November 1, 1999, is attached. Council
approval date was November 1, 1999.
Please acknowledge receipt with signature and date and return the copy.
-3- -va
Cc\Bondreceiptl
J.
Interdepartmental Communication
HUNTINGTON BEACH
TO: Jim Slobojan, Deputy City Treasurer
FROM: Christine Cleary, Deputy City Clerk
DATE: March 1, 2000
SUBJECT: Bond Acceptance
Please accept the bonds for Signal Landmark, Subdivider of Tract No. 15734
which are attached:
Monument Bond No. 1677808
Faithful Performance Bond No. 1677807
Labor and Material Bond No. 1677807
The Request for Council Action dated November 1, 1999, is attached. Council
approval date was November 1, 1999.
Please acknowledge receipt with signature and date and return the copy.
Cc\Bondreceipt1
BOND NO. 1677819
PREMIUM Sioo_oo
INITIAL TWO YEAR PERIOD
MONUMENT BOND
KNOW ALL MEN BY THESE PRESENTS:
THAT SIGNAL LANDMARK, a California corporation
as Subdivider of Tract No. 15734 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:
Thatsaid SIGNAL LANDMARK, a California corporation
(Subdivider)
as principal,and INSURANCE COMPANY OF THE WEST
as surety,hereby guarantee to the City of Huntington Beach the payment of the cost of setting all such
monuments within or in connection with said tract,as are not already set prior to the recording of said Final
Map,in accordance with said map and said certificate up to but not in excess of the sum of
$6,000.00 ------ .in which sum we are held and firmly bound to the City of Huntington Beach,all in
accordance with and subject to the terms,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 14TH day of
OCTOBER 19 99
SIGNAL LANDMARK, a California corporation as Principal
By: .1.�
nd iutto, Chief Financial Officer
By:
Raymor" J. Pacini , .President and Chief Executive Officer
INSURANCE COMPANY OF THE WEST as Surety
By: JUDITH K. CUNNINGHAM, ATTORNEY-IN-FACT
APPROVED AS TO FOR!•i:
GAIL HUTTONM City Attorney
\ Bya Deputy City Attorney
� DILo�9c�
\ 9092.01
•
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On 0CTQBER 14, 1999 before me, Erika A. Nicholas , Notary
(Date) (Name/Title-Notary Public)
personally appeared Judith K. Cunningham
® 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 ht4she4hey executed the
same in lis/her4keir-authorized capacity(ies), and
that by lamer/ signature(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.
srx4 N1CHOW -
_j
�CaCmaIIO `lip/'.!.
4ycirrm Mar12
(Si'nature of Notary)
OPTIONAL INFORMATION
CAPACITY CLAIMED BY SIGNERS)
❑ INDIVIDUAL
❑ CORPORATE
❑ OFFICER(S)
(Title)
❑ PARTNERS(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On October 15, 1999, before me, Marjorie E. Graupensperger,Notary Public, personally
appeared Sandra G. Sciutto and Raymond J. Pacini, known to me to be the persons whose names
are subscribed to the attached instrument and acknowledged to me that they executed the same in
their authorized capacity, and that by their signatures on the instrument they executed the
instrument.
WITNESS my hand and official seal.
MARj--R__.GKALP ENS PE2Gi R \To ry Public in and for said State
iit"
Co--':ss cn=1149618No ay PuoGo-CaVornia orance County DESCRIPTION OF ATTACHED DOCUMENT:
'' %.'y Comm.Ex.nires Aug 2,2X i Faithful Performance Bond
Insurance Company of the West
HOME OFFICE:SAN DIEGO,CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST,a California Corporation,does hereby appoint:
JUDITH K.CUNNINGHAM
its:rue and lawful Attomey(s)-in-Fact,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds,undertakings,and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company,fidelity and surety bonds,undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company;
provided however,that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and
seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
30th day of July 1998.
4�co�F o. INSURANCE COMPANY OF THE WEST
3. ,s
0RFOR"lf�
4�401 1.
04[IF0IIM%1'
STATE OF CALIFORNIA SS. John nnu , Executive Vice President .
/ ,
COUNTY OF SAN DIEGO f J
IN WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or
have witnessed the principal's acknowledgment of the signature on the power of attorney,pursuant to California Probate Code§4121 and 4122.
Jerry Fafaul Janis heodore
CERTIFICATE:
I,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a true copy, is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above
quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 14TH day of OCTOBER 19 99
,,pMP"NrpR,s INSU7 VCOMNY OF WEST
� `,'�pA7N147lG s
4'4"CH 1.19n'
7
"LIFpiAV' --
John .Craig,Assistant ec
ICW 37
• BOND NO. 16AW7 _
PREMIUM e
Performance Bond
LABOR AND MATERIAL BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
SIGNAL LANDMARK, a California corporation
(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 TRACT #15734 .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 TWO HUNDRED SEVENTY THOUSAND FIVE HUNDRED AND N01100
dollars($270,500.00 ---------------- ),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
APPROVED AS O PORM:
GAIL HUTTON, City Attorney
By: Deputy City Attorney
8090 ►o l L°19�
affect its obligation on this bond,and is hereby waive notice of any such change,extensio*ration .
or addition.
In witness whereof,this instrument has been fully executed by the principal and surety
above named,on OCTOBER 14 ,19 99
SIGNAL LANDMARK, a California corporation as Principal
BY A5116
Sa d tto, Chief Financial Officer
By: C �.
Raymond J. Pacini , President and Chief Executive Officer
INSURANCE COMPANrY,OF THE WEST as Surety
By. _
By: JUDITH K. CUNNINGHAM, ATTORNEY-IN-FACT
17852 E. 17TH STREET, #111
STATE OF CALIFORNIA ) TUSTIN, CA 92780-2142
) SS
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
STATE OF CALIFORNIA )
) SS
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
8090.01
2
8090
Insurance Company of the West
HOME OFFICE:SAN DIEGO,CALIFORNIA
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That INSURANCE COMPANY OF THE WEST, a California Corporation,does hereby appoint:
JUDITH K.CUNNINGHAM
is true and lawful Attomey(s)-in-Fad,with full power and authority,to execute,on behalf of the Company,fidelity and surety bonds, undertakings,and
other contracts of suretyship of a similar nature.
This Power of Attorney is granted and is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors
on the 23rd day of February, 1998,which said Resolution has not been amended or rescinded and of which the following is a true copy:
"RESOLVED,that the Chairman of the Board,the President,an Executive Vice President or a Senior Vice President of the Company,and each of
them, is hereby authorized to execute Powers of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the
Company,fidelity and surety bonds, undertakings,or other contracts of suretyship of a similar nature;and to attach thereto the seal of the Company;
provided however,that the absence of the seal shall not affect the validity of the instrument.
FURTHER RESOLVED,that the signatures of such officers and the seal of the Company,and the signatures of any witnesses,the signatures and
seal of any notary,and the signatures of any officers certifying the validity of the Power of Attorney,may be affixed by facsimile."
IN WITNESS WHEREOF, INSURANCE COMPANY OF THE WEST has caused these presents to be signed by its duly authorized officers this
30th day of July 1998.
CCIIPANP Ot INSURANCE COMPANY OF THE WEST
+ rs
~�RC11 1•H4 / � i -
0ALIF00.M0
STATE_OF CALIFORNIA i% John t.Fhnnu ,Executive Vice President
SS. �
COUNTY OF SAN DIEGO
IN.WITNESS WHEREOF,the undersigned certify that they are adults,and have witnessed the signing of this instrument by the principal or
have witnessed the principal's acknowledgment of the signature on the power of attorney, pursuant to California Probate Code§4121 and 4122.
L
Jerry Fafaul Janis Theodore
CERTIFICATE:
1,John H.Craig,Assistant Secretary of INSURANCE COMPANY OF THE WEST,do hereby certify that the original POWER OF ATTORNEY,of
which the foregoing is a true copy,is still in full force and effect, and that this certificate may be signed by facsimile under the authority of the above
quoted resolution.
IN WITNESS WHEREOF, I have subscribed my name as Assistant Secretary,on this 14TH day of OCTOBER 1999
INSU COM NY OF WEST
+ fr
`*,ORPOMTEO
���Cfl 1.\9fi
0,4LIF0ft%N
John .Craig,Assistant ec
ICW 37
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On OCTOBER 14, 1999 before me, Erika A. Nicholas ,Notary
(Date) (Name/Title-Notary Public)
personally appeared Judith K. Cunningham
® 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 hefshe/he-y executed the
same in lis/her4hetF authorized capacity(ies), and
that by hWher/theme signature(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.
€j
Orange C"
_ •1Y Ccnvn,E�rias
(Signature of Notary)
OPTIONAL INFORMATION
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
❑ CORPORATE
❑ OFFICER(S)
(Title)
❑ PARTNERS(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On October 15, 1999, before me, Marjorie E. Graupensperger,Notary Public, personally
appeared Sandra G. Sciutto and Raymond J. Pacini, known to me to be the persons whose names
are subscribed to the attached instrument and acknowledged to me that they executed the same in
their authorized capacity, and that by their signatures on the instrument they executed the
instrument.
WITNESS my hand and official seal.
MA-ORIEE.GRAUPIMPERGEx A'1i1- h
Co^-1m7ssion=1149618 Z No Public in and for said tate
..� tiaay Puoii--Cavomia z
o,anae County
: o-m Expires Aug 2,200 DESCRIPTION OF ATTACHED DOCUMENT:
Labor and Material Bond
I
• BOND NO. 1577 7
PREMIUM 4, 00
Initial Two Ye r Period
FAITHFUL PERFORMANCE BOND
WHEREAS,the City Council of the City of Huntington Beach,State of California,and
SIGNAL LANDMARK, a California corporation
(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 TRACT 415734 ,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 INSURANCE COMPANY OF THE WEST
as surety,are held and firmly bound unto the City of Huntington Beach,hereinafter called"City%the penal
SUM Of FIVE HUNDRED FORTY ONE THOUSAND AND N0/100 --- dollars($ 541,000.00 -----
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.alleration
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 harmless"City",its officers,agents and employees,as therein stipulated,(lien 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 allorney's
fees incurred by'City in successfully enforcing such'pbligation,all to be taxed as costs and included in
any judgment rendered.
I
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 surely
above named,on OCTOBER 14 ,19 99
SIGNAL LANDMARK, a California
corporation as Principal
By
a rb u o, ief Financial Officer
Byate ...
Raymon J. Pacini , President and Chief Executive
Officer
INSURANCE COMPANY 'OF THE WEST as Surety
ByC�
By JUDITH K. CUNNINGHAM, ATTORNEY-IN-FACT
17852 E. 17TH STREET, #111
TUSTIN, CA 92780-2142
APPROVED AS TO FORg.
GAIL HUTTOPr,: City gttorney
Bycl Deputy City Attorney
2
State of California NOTARY ACKNOWLEDGMENT
County of Orange
On OC'I'OBER 14. 1999 before me, Erika A. Nicholas , Notary
(Date) (Name/Title-Notary Public)
personally appeared Judith K. Cunningham
® personally known to me- OR- ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/afe
subscribed to the within instrument and
acknowledged to me that he/she%hey executed the
same in his/her4hek authorized capacity(ies), and
that by his/her/theme signature(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.
s
Srex4 A�p
Orar�
(Signature of Notary)
OPTIONAL INFORMATION
CAPACITY CLAIMED BY SIGNER(S)
❑ INDIVIDUAL
❑ CORPORATE
❑ OFFICER(S)
(Title)
❑ PARTNERS(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On October 15, 1999, before me, Marjorie E. Graupensperger,Notary Public. personally
appeared Sandra G. Sciutto and Raymond J. Pacini, known to to be the persons whose names
are subscribed to the attached instrument and acknowledged to me that they executed the same in
their authorized capacity, and that by their signatures on the instrument they executed the
instrument.
WITNESS my hand and official seal.
MAR I__.GKALP ENS PER Ec Not4ry Public in and for said State
Cara^ i,san=1 1 a9618 _
Puglia-California
orance County DESCRIPTION OF ATTACHED DOCUMENT:
� '' vy Corrm.ExoireS.Aug 2,200 i Faithful Performance Bond
;,"iff CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
March 1, 2000
First American Title Insurance Company
2 First American Way
Santa Ana, California 92702
Attention: Jeff Emenaker
Regarding: Final Tract Map No. 15734 - Order No. 9933653
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 Terri Elliott, Department of
Public Works, P. O. Box 190, Huntington Beach, CA 92648.
Sincerely,
�� lrL�wo�GQ+r/
Connie Brockway, CMC/
City Clerk
CB:cc
Enclosure
Received by: S �'
Dated: - O - 4 O
g:fb11owuptractmapjc
\ (Telephone:714-536-5227)
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: /�l��i /, '9 O O D
TO: ome s , /wG ATTENTION:
Name
�i EXe _u�i dt✓ 4!�c��, Zed DEPARTMENT:
Street
REGARDING: �S/cddit/is�o�!
City,State,Zip
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 L.--
RCA Deed Other
Name DepaFdnent RCA Agreement Insurance Other
T ��fiD � Ll� ✓ ✓ S
NZ Department RCA Agreement Insurance Other
LC�YIDS ✓ �/ ✓ dbld&
Name Department RCA Agreement Insurance Other
Name Department RCA Agreement Insurance Other
Risk Management Dept. Insurance
GTollowup/I etters/coverltr
(Telephone:714-536-5227)
. NOTICE
Of COMPLIANCE WIT ONDITIONS
ON TRACT/PARCEL MAP AND AUTHORIZATION
FOR RELEASE FOR RECORDING
TO: CITY CLERK DATE: �' 00
FROM: COMMUNITY DEVELOPMENT
Howard Zelefsky
TRACT NO.
PARCEL MAP NO.
Its 0 ,�--� 14
PARK AND RECREATION FEES PAID: VYES $ Q NO
OTHER:
for:
Howard Zelefsky
Planning Director
'�. CIA OF HUNTINGTOR BEACH
INTERDEPARTMENTAL COMMUNICATION -fie
y°lar,n
lip
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Ca17ed �,Crr, ICLLi71oS/i�V1ni�1
TO: Janelle Case
Deputy City Clerk P;!: /pe%dSe-
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FROM: Bruce P. Crosby
Civil Engineer Assistant y�5
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SUBJECT: Tract No. 15734 (Authorization to Record) 'AlzGL —YIz[ —
DATE: November 3, 1999 311p d
Please release subject tract to the Title Company for recordation. All requirements have been met per ,
the Subdivision Map Act.
TITLE CO: First American Title Insurance Co.
TITLE OFFICER: Karen Robertson
ORDER NO.: 9933653
PHONE NO.: (714) 558-3211
di�� Z- x4A
Bruce P. Crosby
36595
Tr 15734 author to record
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Council/AgencyMeeting Held:
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pr ved Condition I oved enied Q V Co y lerk's Signature
Council Meeting Date: November 1, 1999 Department ID Number: PL 99-63
CITY OF HUNTINGTON BEACH
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REQUEST FOR COUNCIL ACTION
SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
D >�u�
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SUBMITTED BY: RAY SILVER, City Administrator j
PREPARED BY: HOWARD ZELEFSKY, Planning Director 4�Z-6-114--�
SUBJECT: APPROVE FINAL TRACT MAP NO. 15734 OF TENTATIVE TRACT
MAP NO. 15734, WITH BONDS AND AGREEMENTS (SANDOVER)
Statement of Issue,Funding Source,Recommended Action,Alternative Action(s),Analysis,Environmental Status,
Attachment(s)
Statement of Issue:
Final Tract Map No. 15734, located on the southwest corner of the intersection of Bolsa
Chica Street and Los Patos Avenue is being submitted for City Council approval.
Funding Source: Not applicable.
Recommended Action:
Motion to:
1. "Approve Final Tract Map No. 15734 and accept the offer of dedication,
improvements, and bonds pursuant to findings and requirements (Attachment No. 1);
and;
2. Approve the Subdivision Agreement between the City and Signal Landmark and
authorize execution by the Mayor and City Clerk."
Alternative Action(s):
The City Council may make the following motion:
"Deny Final Tract Map No. 15734 and reject the offer of dedication, improvements,
and bonds."
*QUEST FOR COUNCIL ACTIRI
MEETING DATE: November 1, 1999 DEPARTMENT ID NUMBER: PL 99-63
Analysis:
A. PROJECT PROPOSAL:
SUBDIVIDER: Hearthside Homes, Inc
6 Executive Circle, Suite 250
Irvine, CA 92614
ENGINEER: Huitt-Zollars
2955 Red Hill Avenue
Costa Mesa, CA 92626
SURETY CO.: Garrett/Mosier Insurance Services, Inc.
17291 Irvine Blvd., Suite 104
Tustin, CA 92780
LOCATION: Southwest corner of the intersection of Bolsa Chica Street and Los
Patos Avenue
ZONE: RL-CZ (Residential Low Density-Coastal Zone) and RA-CZ
(Residential Agriculture-Coastal Zone)
GENERAL PLAN: RI- (Residential Low Density)
NO. OF ACRES: 5 net acres
NO. OF NUMBERED LOTS: 16
NO. OF LETTERED LOTS: 7
NO. OF UNITS: 16 detached single family residential units
DATE OF COMPLETE APPLICATION: October 20, 1999
MANDATORY PROCESSING DATE: November 15, 1999
DISCUSSION:
On June 7, 1999, the City Council approved Mitigated Negative Declaration No. 98-11,
Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49, and Coastal
Development Permit No. 98-17 to subdivide 5 net acres into 16 numbered lots and seven
lettered lots for the purposes of developing 16 detached single family residential units.
Final Tract Map No. 15734 represents the only phase of the project.
PL99-63 -2- 10/13/99 8:33 AM
*QUEST FOR COUNCIL ACTIS
MEETING DATE: November 1, 1999 DEPARTMENT ID NUMBER: PL 99-63
The subdivider has satisfied the Park,and Recreation requirement of 0.27 acres for this
project through the dedication of a 30 foot wide easement on the east side of Bolsa Chica
Street for pedestrian and maintenance vehicle access to the proposed public park (Parkside)
located approximately 400 feet east of the subdivision. The applicant has satisfied the
affordable housing requirement for this project by providing two affordable units off-site.
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 City Council.
Environmental Status:
This action to accept Final Tract Map No. 15734 is exempt from the requirements of the
California Environmental Quality Act, pursuant to Section 15268(b).
Attachment(s):
NumberCity Clerk's
Page
1. Findings and Requirements for Acceptance of Final Map
2 Area Map
3. Tentative Tract Map No. 15734 with site plan
4. Tentative Tract Map No. 15734 Findings and Conditions of
Approval
5 Subdivision Agreement
6. Bonds (Monument, Labor and Materials, Faithful Performance)
RCA Author: R. Ramos
PL99-63 -3- 10/13/99 8:33 AM
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ATTACHMENT NO. 1
FINDINGS AND REQUIREMENTS FOR ACCEPTANCE OF FINAL MAP
Findings for Acceptance of Final Map:
1. Final Tract Map No. 15134 is in conformance with the California Subdivision Map Act, the
City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 15734
conditions of approval as approved by the City Council.
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. 1677807 as presented in Attachment No. 6
b. Labor and Material Bond No. 1677807 as presented in Attachment No. 6
c. Monument Bond No. 1677808 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.
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2000 MAIN STREET CALL�Fgyj�9E2648
OFFICE OF THE CITY CLERK D
CONNIE BROCKWAY JUN 1 .5 1999
CITY CLERK
DFFARTI,?ENT0;FLAtt�ti>`!C
June 14, 1999
California Coastal Commission
South Coast Area Office
200 Oceangate, 10'h Floor
Long Beach, California 90801-4302
NOTICE OF ACTION
COASTAL DEVELOPMENT PERMIT NO. 98-17
Applicant: Hearthside Homes, Inc., Go Ed Mountford
Appellant: Bolsa Chica Land Trust, Go Paul Horgan
Applicant's Request: To subdivide approximately six (6) acres for the purpose of
constructing 16, two (2) story single family residences. The request includes allowing
building heights up to 32 feet, two (2) inches (measured from building pad to roof peak)
Location: Southwest corner of Bolsa Chica Street and Los Patos Avenue.
California Coastal Commission Status: The above item is located in the non-appealable
jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 98-17,
filed on July 1, 1998 in conjunction with the above request. The Coastal Development
Permit hearing consists of a staff report, public hearing, City Council discussion and
action. The above item is not appealable to the California Coastal Commission.
Environmental Status: An Initial Environmental Assessment for the above item was
processed and completed in accordance with the California Environmental Quality Act.
It was determined that the above item with mitigation would not.have any significant
environmental.effects, and that a Mitigated Negative Declaration is warranted. Prior to
action on Tentative Tract Map No.15734, Conditional Use Permit No. 98-49 and Coastal
Development Permit No. 98-17, Mitigated Negative Declaration 98-11 must be approved
by the City Council. This environmental assessment is on file at the City of Huntington
' '- Beach Planning Department, 2000 Main Street, and is available for public inspection and
comment by contacting the Planning Department.
(Telephone:714536-5227)
Page 2
Coastal Development Permit No. 98-17
On June 7, 1999, the Huntington Beach City Council approved the Mitigated Negative
Declaration No. 98-11 with findings and mitigation measures, and Approve Tentative
Tract Map No. 15734, Conditional Use Permit No, 98-49, Coastal Development Permit
No. 98-17 with findings and conditions of approval.
The motion carried by the following roll call vote:
AYES: Julien, Garofalo, Green, Dettloff;.
NOES: Bauer, Harman, Sullivan
ABSENT: None
Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the
action taken by the City Council is final.
The City Council action on this Coastal Development is not appealable to the Coastal
Commission pursuant to Public Resources Code S. 30603 and California Administrative
Code S. 13319, Title 14.
Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that an
application becomes null and void one (1)year.after the final approval, unless actual
construction has begun.
Sincerely yours,
Connie Brockway, CIVIC
City Clerk
CB:cc
Enclosure: Statement of Findings and Conditions
Cc: Hearthside Homes, Inc., c/o Ed Mountford
Bolsa Chica Land Trust, c/o Paul Horgan
City Administrator
City Attorney
Planning Director
Wayne Carvalho, Associate Planner ,
i
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FINDINGS AND CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP NO. 15734/CONDITIONAL USE PERMIT NO. 98-49/
COASTAL DEVELOPMENT PERMIT NO. 98-17/MITIGATED NEGATIVE
DECLARATION NO. 98-11
FINDINGS FOR APPROVAL -MITIGATED NEGATIVE DECLARATION NO. 98-11:
1. Mitigated Negative Declaration No. 98-11 has been prepared in compliance with Article 6 of
the California Environmental Quality Act(CEQA) Guidelines. It was advertised and
available for a public comment period of twenty(20) days. Comments received.during the
comment period were responded to, and the comments and responses were considered by the
Planning Commission prior to action on Mitigated Negative Declaration No. 98-11,
Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49 and Coastal
Development Permit No. 98-17.
2. The only potentially significant impact identified in the Initial Study prepared for the
TTM/CUP/CDP related to views from existing residences resulting from cut and fill
necessary to provide for adequate drainage. A mitigation measure addressing this potential
impact, attached hereto and shall become part of the project conditions of approval, (unless
superceded by more restrictive TTM/CUP/CDP conditions), and will avoid or reduce the
project's effects to a level of less than significant.
3. In addition to the mitigation measure identified in the Initial Study,the City has identified
additional mitigation measures for impacts that were identified as less than significant in the
Initial Study, and which will further minimize and reduce these less than significant impacts.
These are included in the project conditions of approval and are identified therein as
mitigation measures. These mitigation measures will help minimize less than significant
impacts to:
grading activities as it relates to hydrology,drainage and runoff;
water quality management planning;
• biological and cultural resources;
construction traffic and air quality;
• outdoor lighting;
public services and utilities; and
• affordable housing requirements.
4. There is no substantial evidence in light of the whole record before the Planning
Commission that the project, as mitigated through the mitigation measures and conditions
of approval adopted for Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49
and Coastal Development Permit No. 98-17,will have a significant effect on the
environment, and compliance with these mitigation measures and conditions shall be
monitored and reported on through a mitigation monitoring program adopted by the City.
5. Mitigated Negative Declaration No. 98-11 reflects the independent judgement and analysis of
the Planning Commission.
FINDINGS FOR APPROVAL-TENTATIVE TRACT MAP NO. 15734:
1. Tentative Tract Map No. 15734 for an approximate five (5) net acre residential subdivision
for 16 single family detached residences is consistent with the General Plan Land Use
Element designation of Low Density Residential on the subject property and the applicable
provisions of HBZSO. The proposed single family residential subdivision is a permitted use.
2. The site is physically suitable for the type and density of development. The project's density
is 3.4 units per net acre (excluding the Bolsa Chica Street extension) which is within the
allowable density for Low Density Residential (max. 7 units per net acre). The project site is
relatively flat and is compatible with the surrounding low density residential uses.
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 proposed project was evaluated under Mitigated Negative
Declaration No. 98-11 which identified all potential environmental impacts. As a result,the
project will comply with appropriate mitigation measures.
4. The design of the subdivision or the type of improvements will not conflict with public or
private easements. The subdivision will provide all necessary easements and will not affect
any existing easements. The project is designed to provide future access to the proposed
development on the Bolsa Chica mesa through Bolsa Chica Street south of the subdivision.
Interior streets are also designed to link to the proposed interior streets in the County area.
FINDINGS FOR APPROVAL-CONDITIONAL USE PERMIT NO. 98-49:
1. Conditional Use Permit No. 98-49 for the establishment, maintenance and operation of the 16
unit single family residential subdivision,which includes building heights of up to 32 feet, 2
inches will not be detrimental to the general welfare of persons working or residing in the
vicinity or detrimental to the value of the property and improvements in the neighborhood.
The project is consistent with the character of the low density residential uses in the area.
The increased roof peak heights will provide for enhanced architectural design while
complying with the maximum building height of 35 feet.
2. The conditional use permit will be compatible with surrounding residential uses as well as
the proposed residential uses. The proposed grading, site layout and design of the 16 unit
single family residential subdivision properly adapts the proposed structures to streets,
driveways, and other adjacent structures and uses in a harmonious manner. Furthermore,the
project is designed to either remain as a 16 unit project or incorporate into a future master
plan community located within the County of Orange's jurisdiction.
3. The proposed 16 unit single family residential subdivision will comply with the provisions of
the base district and other applicable provisions in Titles 20-25 of the Huntington Beach
Zoning and Subdivision Ordinance and any specific condition required for the proposed use
in the district in which it would be located. The proposed residential subdivision complies
will all code provisions, including lot size, setbacks, density, landscaping and parking. The
increased building heights are permitted subject to approval of a conditional use permit. No
variances are proposed as part of this request.
4. The granting of the conditional use permit will not adversely affect the General Plan. It is
consistent with the Land Use Element designation of Low Density Residential on the subject
property. In addition, it is consistent with the following goals and policies of the General
Plan:
a. Provide for the timing of residential, commercial and industrial development coincident
with the availability of adequate market demand to ensure economic vitality. (LU 1.1)
b. Accommodate the development of single family residential units in areas designated by
the Land Use Plan Map, as stipulated by the Land Use and Density Schedule. (LU 9.1.1)
c. Require and single family residential units be designed to convey a high level of quality
and character considering the following guidelines:
1) Modulate and articulate building elevation, facades, and masses (avoiding
undifferentiated"box-like" structures).
2) Encourage innovative and creative design concepts.
3) Locate and design garages so that they do not dominate the street frontage. (LU 9.1.2)
d. Require that the design of new subdivisions consider the following:
1) Establish a continuous network of sidewalks, bicycle and pedestrian paths, and other
elements that link all community areas and provide linkages to land uses in adjacent
areas.
2) Site and design of units and incorporate elements, such as porches,that emphasize
front yards as an activity area and"outdoor living room,"by locating garages in the
rear or side yards. (LU 9.3.2)
e. Require that new development be designed to consider coastal views in its massing,
height, and site orientation. (UD 2.1.1)
f. Require that future development be designed and sited to maintain the natural
topographic characteristics of the City including the minimization of the area and height
of cuts and fills. (ERC 4.1.6)
The building architecture and floor plan layout of the proposed homes offer a unique and
creative design alternative consistent with the goals and policies noted above. The homes are
designed with porches and outdoor living areas, and garages to the rear or separated by living
area so not to dominate the street frontage. In addition, the subdivision layout is designed to
provide for the necessary easements and improvements without impacting adjacent uses.
The subdivision is designed to link:with streets, sidewalks, and bicycle/pedestrian paths that
are either existing or proposed in the area.
FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 98-17:
1. Coastal Development Permit No. 98-17 for the 16 unit single family residential development
as conditioned, conforms with the General Plan, including the Local Coastal Program. The
proposed subdivision complies with the Low Density Residential Land Use designation of
the General Plan.
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
subdivision will comply with all code provisions including density,building height, open
space and parking.
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 Huntington Beach Local Coastal Program,
Zoning and Subdivision Ordinance and City standards.
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. Access is to be
provided along a proposed collector street located in the County of Orange, extending from
Bolsa Chica Street south of the proposed tract. In addition,bike and pedestrian trail
easements are proposed along other portions of the future master plan community in the
County of Orange. The project will not impact public views or access to coastal resources.
CONDITIONS OF APPROVAL—TENTATIVE TRACT MAP NO. 15734:
The tentative map received and dated February 5, 1999, shall be the conceptually approved
layout.
2.) Prior to submittal of the final map for approval by the City Council,the following shall
be required:
a An Affordable Housing Agreement Plan shall be submitted for review and approved
by the Planning Department. The agreement shall provide for affordable housing on-
site or off-site. Said agreement shall be executed prior to issuance of the first
building permit for the tract. The contents of the agreement shall include the
following:
1) Minimum 10 percent(two units) of the total number of approved housing units
(16 units) shall be affordable to families of low income level (less than 80%of
Orange County median) for a period of thirty years.
2) A detailed description of the type, size, location and phasing of the affordable
units.
3) If affordable units (new or rehabilitated) are off-site, they must be under the full
control of the applicant.
The affordable units shall be constructed prior to or concurrent with the primary
project. Final approval (occupancy) of the first residential unit in the tract shall be
contingent upon the completion and public availability, or evidence of the
applicant's reasonable progress towards attainment of completion, of the affordable
units. (Mitigation measure)
�b. At least 60 days before City Council action on the final map, CC&Rs shall be submitted
to the Planning Department and approved by the City Attorney. The CC&Rs shall reflect
the common access easements, maintenance of all streets, walls and common landscape
areas by the Homeowners'Association, and requirement that all private streets be
available to be accessed and incorporated into any adjacent future development. The
CC&Rs must be in recordable form prior to recordation of the map.
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. (PW)
a ' The Final Map shall be consistent with the approved Tentative Map. (PW)
'b> All common area improvements shall be completed b the developer.
_ P P Y P
\V;`, ;-:c A covenant shall be recorded with the County Recorder's Office requiring lettered
lots B, C, D,E and F to remain under common ownership with the property owner of
the adjacent larger parcel (in County of Orange). The covenant shall be reviewed
and approved by the City Attorney's Office prior to recordation.
d Should the developer or Homeowner's Association decide to gate the tract, separate
city approval will be required. All required Public Works and Fire Department
Standards for turnaround, stacking and emergency access shall be complied with.
VVL� (ee.. The project shall comply with parkland dedication requirements. The developer shall
dedicate a 30 foot wide easement along the entire length of the northerly property line of
the adjacent open space parcel located east of the Bolsa Chica Street extension. (PW,
CS)
f. . All vehicular access rights to Bolsa Chica Street and Los Patos Avenue shall be
released and relinquished to the City of Huntington Beach except at location
approved by the Planning Commission. (PW)
g:! The following shall be dedicated to the City of Huntington Beach on the Final Map:
1) A two (2) foot public utility easement as shown on said map (7 foot parkways or
less)
2) The water system and appurtenances as shown on the improvement plans.
3) A 20 foot easement for sewer, water and emergency access purposes.
4) A walkway easement within "Lot A" adjacent to Los Patos Avenue. (PW)
The developer shall design the sewer system required to serve the development
including flow tests to be determined by the Public Works Department. (PW)
Final hydrology and hydraulic studies for both on and off site facilities shall be
submitted for Public Works review and approval. (PW) (Mitigation measure)
On-site drainage shall not be directed to adjacent properties,but shall be handled by
a Public Works approved method. (Mitigation measure)
A reproducible mylar copy and a print of the recorded final map, along with digital
graphic files of the recorded map per the City of Huntington Beach"CAD Standards
Manual for Consultants" shall be submitted to the Department of Public Works.
(PW)
1?; The engineer or surveyor preparing the final map shall comply with Sections 7-9-330
and 7-9-337 of the Orange County Subdivision Code and Orange County
Subdivision Manual, Subarticle 18 for the following items:
1. Tie the boundary of the map into the Horizontal Control System established by
the County Surveyor
2. Provide a digital-graphics file of said map. (PW)
i" in All improvement securities (Faithful Performance, Labor& Material and Monument
—1 Bonds) and Subdivision Agreement shall be posted with the Public Works
Department and approved by the City Attorney. (PW)
n. :: A Certificate of Insurance shall be filed with the Public Works Department and
approved as to form by the City Attorney. (PW) .
o. The developer or Homeowner's Association shall plan and allow for future
connection and access to the two terminus points of"A Street." (P`V
gip. Fire hydrant locations shall be approved by the Fire Department.
q.;All applicable mitigation measures on Mitigated Negative Declaration No. 98-11
shall be adhered to.
r. The developer shall dedicate 92 feet of right-of-way to construct the Bolsa Chica
Street extension for a distance of 100 feet south of Los Patos Avenue then transition
to a 69 foot right of way at the southerly tract map boundary. Bolsa Chica Street
extension may either be constructed to its ultimate width or to an interim section that
allows access to the 16 units. The interim section shall consist of two (2) lanes
(minimum 28 feet in width), with necessary modifications to the existing striping
treatment on Bolsa Chica Street, north of Los Patos Avenue. Prior to construction of
any other portion of the mesa, Bolsa Chica Street extension may be fully improved
per Public Works standards. (Public Works)
4. Prior to issuance of grading permits, the following shall be completed:
a. A Grading plan,prepared by a Registered Civil Engineer, shall be submitted to the
Department of Public Works for review and approval. The plan shall also include an
erosion and silt control plan for all water runoff during construction and site preparation
work. Final grades and elevations on the Grading Plan shall not vary by more than one
foot from the grades and elevations on the approved Tentative Map. (PW) (Mitigation
measure)
b. Grading activities shall be limited to insure that only the minimum amounts of cut and fill
are allowed in order to provide for adequate drainage. Wherever possible,the grade of
the property shall be kept at its present height. Public Works and Planning Departments
Shall review all grading plans to comply with this requirement. (Mitigation measure)
c. In accordance with NPDES requirements, a"Water Quality Management Plan" shall be
prepared by a Civil or Environmental Engineer. The plan shall reduce the discharge of
pollutants to the maximum extent practical using management practices, control
techniques and systems, design and engineering methods, and such other provisions
which are appropriate. (PW) (Mitigation measure)
d. The Fire Department shall be notified of the environmental site auditor supervising
testing operations during soil import. The selected environmental firm is responsible for
obtaining Fire Department approval for their required testing plan. Any soil imported to
the site shall be tested and certified free of contaminants (FD, PW)
e. The proposed project shall identify a Class II Bikeway along the portion of Bolsa Chica
Street fronting the proposed project. This bikeway shall be in accordance with that
identified in the Commuter Bikeways Strategic Plan(CBSP), administered by Orange
County Transportation Authority(OCTA).
f. Blockwall/fencing plans shall be submitted to and approved by the Planning Department.
The plans shall include section drawings, a site plan and elevations. The plans shall
identify materials, seep holes and drainage. Perimeter walls shall be limited to six (6)
feet in height measured from top of slope/berm.
g. A Landscape Construction Set must be submitted to the Department of Public Works and
approved by the Departments of Public Works and Plannina. 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; 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
Chapter 232 of the Zoning and Subdivision Ordinance and applicable Design Guidelines.
Any existing mature trees (trunk greater than 10" in diameter) that must be removed shall
be replaced at a two to one ratio (2:1)with minimum 36 inch box trees and shall be
incorporated into the project's landscape plan. (PW) (Code Requirement) (Mitigation
Measure)
h. The developer shall coordinate with the City of Huntington Beach Public Works Traffic
Engineering Division in developing a truck and construction vehicle routing plan. This
plan shall specify the hours in which transport activities can occur and methods to
minimize construction related impacts to adjacent residents. The plan shall be submitted
and approved by the Department of Public Works. (PW) (Mitigation measure)
i. A certified archeologist shall survey the site. A survey report shall be submitted to and
reviewed by the Planning Department. Evidence of a contract with a certified
archeologist to monitor the site during grading activities shall be submitted to the
Planning Department prior to any grading. (Mitigation measure)
5. During grading, the following shall be complied with:
a. A certified archeologist shall monitor the site during grading activities. In the event
significant cultural,paleontologic or archeological sites are unearthed, grading shall cease
until proper documentation is accomplished. (Mitigation measure)
b. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp
enough to prevent dust raised when leaving the site:
c. Wet down areas in the late morning and after work is completed for the day;
d. Use low sulfur fuel (.05%)by weight for construction equipment;
e. Attempt to phase and schedule construction activities to avoid high ozone days (first
stage smog alerts);
f. Discontinue construction during second stage smog alerts.
g. Maintain equipment engines in proper tune.
6. Prior to issuance of building permits, the tract map shall be recorded and all applicable
conditions of the approved conditional use permit, coastal development permit, and
mitigated negative declaration shall be complied with.
7. The Planning and Public Works Directors ensure that all conditions of approval are
complied with. If any changes to the Tentative Map occur, these two Directors shall be
notified in writing. The final map shall not be recorded until these Directors have
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
substantial, an amendment to the original entitlement reviewed by the Planning
Commission may be required pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS -TENTATIVE TRACT
MAP NO. 15734:
1. All applicable Public Works fees shall be paid prior to map recordation. (PW)
2. Tentative Tract Map No. 15734, Conditional Use Permit No. 98-49 and Coastal
Development Permit No. 98-17 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 .ritten request submitted to the Planning Department a
minimum 30 days prior to the expiration date.
CONDITIONS OF APPROVAL— CONDITIONAL USE PERMIT NO. 98-49/COASTAL
DEVELOPMENT PERMIT NO. 98-17:
1. The site plan, floor plans and elevations received and dated February 5, 1999 shall be the
conceptually approved layout with the following modifications:
a. 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%Kith required setbacks.
b. If outdoor lighting is included, energy saving lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the
site plan and elevations. (Mitigation measure)
c. Perimeter wall fencing shall be limited to six(6)feet in height measured from top of
slopelberm.
2. Prior to submittal for building permits, the following shall be completed:
a. Zoning entitlement conditions of approval shall be printed verbatim on the second page
of all the working drawing sets used for issuance of building permits (architectural,
structural, electrical, mechanical and plumbing).
b. All structures greater than 5,000 square feet in size (including garages), shall require an
automatic fire sprinkler system with appropriate alarm systems installed throughout.
Shop drawings shall be submitted and approved by the Fire Department. (FD)
c. Names of streets shall be submitted to and approved by the Huntington Beach Fire
Department in accordance with City Specification No. 429. (FD)
d. Submit three (3) copies of the site plan and the processing fee to the Planning Department
for addressing purposes after street name approval by the Fire Department. Address
numbers shall be installed to comply with City Specification No. 428.
e. Three (3) fire hydrants shall be provided at locations specified by the Fire Department.
The hydrants shall be installed prior to combustible construction. Shop drawings shall be
submitted to the Public Works Department and approved by the Fire Department. (FD)
f. All Fire Department requirements shall be noted on the building plans. (FD).
g. Residential type structures on the subject property, whether attached or detached, shall be
constructed in compliance with the State acoustical standards set forth for units that lie
within the 60 CNEL contours of the property. Evidence of compliance shall consist of
submittal of an acoustical analysis report and plans,prepared under the supervision of a
person experienced in the field of acoustical engineering, with the application for
building permit(s). (Code Requirement)
h. 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)
i. An engineering geologist shall be engaged to submit a report indicating the ground
surface acceleration from earth movement for the subject property. All structures-Mthin
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)
j. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location
of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities,
water heaters and central heating units.
k. Signing, striping and street lighting shall be designed and constructed on"A Street_,""B
Street," Los Patos Avenue, and Bolsa Chica Street (south of Los Patos Ave.) in
accordance with Public Works Standards. (PW).
3. Prior to issuance of building permits,the following shall be completed:
a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No.
1 for review and approval and inclusion in the entitlement file to the Planning
Department.
b. A signing and striping plan shall be prepared for Los Patos Avenue, "A Street," `B
Street," and Bolsa Chica Street from Warner Avenue to`B Street." (PW)
c. A street improvement plan,prepared by a Registered Civil Engineer, shall be submitted
to the Department of Public Works for review and approval. (PIVV)
d. The developer shall submit a separate utility plan showing water system improvements,
including service connections to each building, fire hydrant,valves,backflow devices and
other appurtenances in accordance with applicable U.P.C., City ordinances,Public.Works
Standards and Water Division design criteria. These plans shall be approved by the
Public Works Water Division and the City of Huntington Beach Fire Department prior to
any construction. (PW) (Mitigation measure)
e. The Final Map shall be accepted by the City Council, recorded with the Orange County
Recorder and a copy filed with the Planning Department. (Code Requirement)
f. Compliance with applicable Tract Map conditions of approval.
g. The applicant shall submit an arborist report, completed by a certified arborist,
identifying the health of each eucalyptus tree within the project area and shall include
recommendations to improve the health and ultimate life of those trees.
4. 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. (Mitigation measure)
5. Prior to final building permit inspection and approval of the first residential unit, 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) Landscaping.
2) New street improvements including curbs, gutters, and sidewalks. (P`V)
3) Water service to each lot. (PV )
4) Fire lanes will be designated and posted to comply with City Specification No. 415.
(FD)
5) Address numbers shall be installed to comply with City Specification No. 428. (FD)
6) Fire access roads shall be provided in compliance with City Specification No. 401.
Include the Circulation Plan and dimensions of all access roads. (FD)
b. All new and existing overhead utilities shall be installed underground in accordance with
the City's Underground Utility Ordinance. In addition, all electrical transformers shall be
installed underground. (PW)
c. The developer shall construct a water main in Bolsa Chica Street from the existing main
in Los Patos Avenue to the southern boundary of the proposed development. (P` )
d. Each proposed dwelling unit shall have a separate domestic meter and service, sized to
meet the minimum requirements set by the Uniform Plumbing Code (UPC) and Uniform
Fire Code (UFC). All meters shall be a touch read type. The domestic water service
lateral size shall be a minimum of one(1) inch. (PV )
e. Compliance with all conditions of approval specified herein and applicable Tract Map
conditions of approval shall be accomplished and verified by the Planning Department.
f. 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.
g. The project shall comply will all provisions of Huntington Beach Municipal Code Title
17.04.085 and City Specification No. 429, Methane District Building Permit
Requirements. (FD)
h. Residents shall be given written notification of the presence of sensitive environmental
resource areas adjacent to the project, and shall be instructed to obey all ordinances
regarding confinement and leashing of pets. Local animal regulation agencies shall be
contacted and requested to vigorously enforce all appropriate ordinances. This
r
notification shall be subject to the approval of the Planning Department. (Mitigation
measure)
i. Verification of compliance with all Mitigated Negative Declaration No. 98-11 mitigation
measures.
j. Signs identifying the presence of sensitive resource areas in the area and local ordinances
requiring confinement of pets shall be installed in locations specified by the Planning
Department.
6. The Planning Director ensures that all conditions of approval herein are complied with. The
Planning 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 Planning 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 pursuant to the HBZSO.
INFORMATION ON SPECIFIC CODE REQUIREMENTS:
1. Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17 shall not
become effective until the ten working day appeal period has elapsed.
2. Conditional Use Permit No. 98-49 and Coastal Development Permit No. 98-17 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 Planning Department a minimum 30 days prior to the expiration date.
3. The Planning Commission reserves the right to revoke Conditional Use Permit No. 98-49
and Coastal Development Permit No. 98-17, pursuant to a public hearing for revocation, if
any violation of these conditions or the Huntington Beach Zoning and Subdivision
Ordinance or Municipal Code occurs.
4. All applicable Public Works fees shall be paid. (PV )
5. Traffic Impact Fees shall be paid at the time of final inspection or issuance of a Certificate
of Occupancy. (PV )
6. An encroachment,permit shall be required for all work within the right-of-way. (PW)
7. State-mandated school impact fees shall be paid prior to issuance of building permits.
8. The development shall comply with all applicable provisions of the Municipal Code,
Building Department, and Fire Department as well as applicable local, State and Federal
Fire Codes, Ordinances, and standards, except as noted herein.
9. Construction shall be limited to Monday- Saturday 7:00 AM to 8:00 PM. Construction
shall be prohibited Sundays and Federal holidays.
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SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SIGNAL LANDMARK FOR TRACT NO. 15734
TABLE OF CONTENTS
Section Page
1 General Improvements...............................................................................................2
2 Arterial Highway Improvement......................................................................:
3 Guarantee...................................................................................................................3
4 Plant Establishment Work .........................................................................................3
5 Improvement Plan Warranty......................................................................................3
6 No Waiver by City.....................................................................................................4
7 Costs..........................................................................................................................4
8 Surveys......................................................................................................................4
9 Improvement Security...............................................................................................4
10 Indemnification, Defense, Hold Harmless................................................................6
11 Insurance...................................................................................................................6
12 Non-Performance and Costs.....................................................................................8
13 Record Map..............................................................................................................8
SUBDIVISION AGREEMENT BY AND BETWEEN
THE CITY OF HUNTINGTON BEACH AND
SIGNAL LANDMARK. FOR TRACT NO. 15734
This Agreement ("Agreement") is entered into this ist day of November
1999,by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the
State of California, hereinafter referred to as "CITY," and SIGNAL LANDMARK, a California
corporation, 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. 15734;
and
As a condition of the approval of and prior to the recordation of this subdivision map,
SUBDIVIDER is required to improve and dedicate the streets and alleys, and to perform certain
other improvements in this subdivision; and
SUBDIVIDER desires to enter into an agreement with CITY to delay performance of
certain of the work; to agree to perform the work as herein provided; and to execute and deliver
to CITY bonds for the faithful performance of the 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
California Government Code of the State of California, and Chapter 225 of CITY's Zoning and
Subdivision Ordinance.
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g/j mf/99agreehr.15734
NOW, THEREFORE, in consideration of the promises and agreements of the parties as
herein set forth, the.parties,agree as follows:
I GENERAL IMPROVEMENTS
SUBDIVIDER does hereby agree to do,perform and pay for the following work
in the 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 this 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 the streets, alleys and other
improvements, and the 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.
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3. GUARANTEE
SUBDIVIDER shall guarantee all work and material required to fulfill its
obligations as stated herein for a period of one (1) year following the date of City Council
acceptance of same.
4. PLANT ESTABLISHMENT WORK
SUBDIVIDER agrees to perform plant establishment work.for,landscaping
installed under this Agreement.,This plant establishment work shall consist of adequately
watering plants,replacing unsuitable plants, performing weed, rodent and other pest control and
other work determined by CITY'S Public Works Department to be necessary to insure
establishment of plants. This plant establishment work shall belperformed for a period of one (1)
year from and after the date of City Council acceptance of the work as complete.
5. IMPROVEMENT PLAN WARRANTY
SUBDIVIDER warrants the•improvement plans for the work are adequate to
accomplish the work as promised herein 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(1) year guarantee period, the improvement plans prove to be inadequate in any respect,
SUBDIVIDER shall make whatever changes, at its sole'cost and expense, as are necessary to
accomplish the work as promised.
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6. NO WAIVER BY CITY
Inspection of the work and/or materials, or approval of work and/or materials, or
statement(s)by any officer, agent or employee of CITY indicating the work or any part thereof
complies with the requirements of this Agreement, or acceptance of the whole or any part of the
work and/or materials, or payments therefor, or any combination or all of these acts, shall not
relieve SUBDIVIDER of its obligations to fulfill this Agreement as prescribed; nor shall CITY
thereby be stopped from bringing any action for damages arising from the failure to comply with
any of the terms and conditions hereof.
7. COSTS
SUBDIVIDER shall pay when due, all the costs of the work, including
inspections thereof and the relocation of existing utilities required thereby.
8. SURVEYS
SUBDIVIDER shall set and establish survey monuments in accordance with the
filed map and to the satisfaction of CITY before acceptance of any work as complete by the City
Council.
9. IMPROVEMENT SECURITY
Upon executing this Agreement, SUBDIVIDER shall,pursuant to California
Government Code Section 66499, and the Huntington Beach Zoning and Subdivision Ordinance,
provide as security to City:
A. Faithful Performance:
For performance security, in the amount of five hundred forty-one
thousand dollars ($541,000)which is one hundred percent(100%) of the
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estimated cost of the work. SUBDIVIDER shall present such additional
security in the form of:
cash, certified check, or cashier's check;
acceptable corporate surety bond; or
acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees performance under this
Agreement and maintenance of the work for one (.1) year after its
completion and acceptance against any defective workmanship or
materials or any unsatisfactory performance.
B. For Labor and Materials: Security in the amount of two hundred seventy
thousand five hundred dollars ($270,500)which is fifty percent (50%) of
'the estimated cost of the work: SUBDIVIDER-shall present such security
in the form of:
cash, certified check, or cashier's check;
acceptable corporate surety bond; or
acceptable irrevocable letter of credit.
With this security, SUBDIVIDER guarantees payment to the contractor, to
its subcontractors, and to persons renting equipment or furnishing labor or
materials to them or to 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
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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 CITY has prepared, supplied, or reviewed any plan(s) or
specifications(s) in 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. This policy shall indemnify CITY, its officers, agents and employees, while
acting within the scope of their duties, against any and all claims 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 for this project. This policy shall name City of Huntington
6
g/j mV99agreehr.15734
Beach, its agents, officers, employees and volunteers 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 the above-mentioned 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 evidencingthe foregoing
insurance coverages as required by this Agreement; these certificates shall:
A. provide the name and policy number of each carrier and policy;
B. shall state that the policy is currently in force;
C. shall promise to provide that such policies will not be canceled or
modified without thirty(30) days' prior written notice to CITY;
D. 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 full 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 these policies of insurance. SUBDIVIDER shall
pay, in a prompt and timely manner, the premiums on all insurance hereinabove required.
7
g/jmf/99agree/tr.15734
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, 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 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 CITY.and
its forces, including contractors, in the event 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 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.payall.attorney's 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 this Subdivision.
SIGNATURES ON NEXT PAGE
8
g/jmMagreehr.15734
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year first above written.
SIGNAL LANDMARK, CITY OF HUNTINGTON BEACH,,.a
a California corporation: municipal corporation of the State of
California
4/�
B /Z—Y
Raymon acini
President and Chief Executive Officer Mayor
ATTEST:
AND
Y
S dra G. Sciutto City Cler
Chief Financial Officer
APPROVED AS TO FORM:
REVIEWED AND APPROVED:
City Attorney
�s _�
I IITIA D A --- APPROVED: p�?rI49
City ministrator
City Engineer
9
g/j mf/99agreehr.15734
STATE OF CALIFORNIA )
ss.
COUNTY OF ORANGE )
On October 15, 1999, before me, Marjorie E. Graupensperger, Notary Public, personally
appeared Sandra G. Sciutto and Raymond J. Pacini, known to me to be the persons whose names
are subscribed to the attached instrument and acknowledged to me that they executed the same in
their authorized capacity, and that by their signatures on the instrument they executed the
instrument.
WITNESS my hand and official seal.
ary Public in and for said Mate
MARJORI__.GRAL'PBNSPERGER
Commission=1149618 Z
No:oy Public-California ; DESCRIPTION OF ATTACHED DOCUMENT:
z' orange County f Subdivision Agreement by and between the City
�. My Comm.Expires Aug 2,2W 1
of Huntington Beach and Signal Landmark for
Tract No. 15734
0_tsIt-18-99 02 :09P P.02
fJ LJl1 .10.17" L u•IhT1 r M MHKSM K MI-L•twiHN r#J.339 P.s=
�/�L�• DATE pNYDD/YY1
09/23/99
raOOVCaIr TWO CERTIFICATE 15 IS.7UED AB A MATTER OF 111PORMATION
Mar6h RIsB&Insurin00 Smfovs ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
406 MacArMur CouR MOLDER, THIS CRATWICAYC DOES NOT AMM, BXMM OR
Suds 700 ALTER THE C&40 A 9 AFFORDED BY THE POLICIES 110Dw.
Nmm�TEIpprt136aCh,CA 22Gt50 COWAµ>ep AFfoRDING COVERAGE
DaOJA�SA00 .. .
License s001163 co►IPANv
35005.ODOt 0.00010- A EVANSTON INSURANCE CO
aravp"
HeaRhaide hfomea,Inc. B. ZURICH INSURANCE CO.
G Fzsculive Circle —'
Suite 250 cOMrAHr
Innfle,CA 9261E C i
cOMOANY _
0
THIS 1S TO CERTIFY T1U1T l Kt rOtJClea OF INSURANCE LISTEO BELOW NAVE OESN I03UED TO THt INSURED NAMED ABOVE FOR T1IE POUCY PLOU00
INDICATTiD,NOT1NI"TANO"4 AKY REOUIRlMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT MATH RESPECT TO NMICH THIS
CEPMACATE MAY BE 193UED OR MAY PERTAIN.Y11E INSURANCE AFFORDED DY THE POLICI66 DESCRIBED HEREIN IS 6U9JECT TO ALL THC TERMS.
EXCLUSIONS AND CONDITIONS Of OUCH POLICIES.LIMrT3 SHOVIRI MAY NAVE DEER KgOUCED BY PAID CLAIMS.
co TYIe Qf INeURAN6E FOI I[7RIa1RCa POLICY►RiCrYR1 POYGY QPIRR1rOM � •_ .
Cri NTFIEIWDDrrT) , OATEIPIEoCWYII
OEw"ALuAOUTY OE�ERALA CAT 2.00D,000
A X C0141M RCIALOPHFR I IMeRfrY HOLP1004139 07123+99 0742=0 pRoouc•rs•cola lOPACG S 1.000.000
CLAW PADS FX 1 000UR PERAONAL a ACV IWUVM i 1.000.000
ovwE+EascoNTRAcroR6rRvr sACHoec 6 1.000.000
Fsu D,w.of a,.e.1 t sO,D00
--- MED Or am_wjS 5,000
IINTOMOIfLL L1AaUT/
I co.Iewco ewoLc u+rT ,s
AHY AUro
ALL OVW60AUT03 l:.' •000ILYINAM 3
8CN9M%VPAuro5 _ tvrow m
HIRED AUT06 .- 9001LV INJURY =
NON-0I"O AUros
�:,�:• PROPERTY DAMAGE
GAR,Oe LIAbU
AUTO oNLY.EAAccmENr S
ANY AM - OT jl%THAN AUTO Oa•LY;
WK.A[CIDFNT
AGGREGATE :
tXCCMUANUTY _ ^ r r" r nrGilRR
VMDRELLAFORM
OTHIRTHANUNSPELLA;ORM _ S
Rxi X I STATUTORY LRA-
ean m.w UA&uTr
• B 201I066400 W101189 00A1M UCH ANT S 1.000.000
THfi PROPRETON IHCI DMEAU.POLICY L1IWT 6 1.000.000
PAr6NartAtCUTNE '
orrrop7r Excl. WS EA He YVV S 1,000,000
OTHER
CC&Mrr*"OF oPsw►noNaAocAnpww>lNICusVs ITGIa U1AIT8 MAY HAVE 19EX RCOUCCO e1 PNe CLlryS A" OSDUCTIOLle OP FA TTAnQk3,
Sandwer prolact-City of Norltington Beach,ib a9errts,olM1oers,and onvloyses ArR narned s6 addltlonal Insured as respects operations usual to the
small Inwrid-
aHo1A8 NO OF TWE ANOW OE'UF000 POUCIFES K CANCEILED KMAC T11E
G�[Of Huntington Beach 11RIATION WE THENW. TNc ISSUING COWANY WALL eaReEE QS= 9%
FRI McRaagasnort 30 —WTa wrn nta Wm To M ceRTi "TR ROLM MANED 10 RIe Lm'
Attn: Chnsh Mendoza
Box 711.2000 Main Stnat
Huntington Beath,CA 9260
AoYwDIIl:ca RiFRe6tNTAYNE �� `'�
John Graef d^+�
l�ct-18-99 02: 10P P.03
/ .to.4777 1•wyr'V1 06 n r�-orgy � rx.�trlr � • N0.i39 P.3 '
Yi
POLICY NUMBER: 99GLP1004138 COMMERCIAL GENERAL LIABILITY-
THIS ENDOK5EMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMF.RC:IAI GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
My of Huntington Beach, its agents, officers and ernployees as
additional insured:'
(If no entry appears above,information required to complete this endorsement will be ch(wn in the Declarations
as applicable to this endorsement")
WHO IS AN INSURFD(Section II)is amended to include as an insured the person or orRanicetion shown in the
Schedule, but only with respect to liability arising out of-your work-for that insured by or for you.
CG 94 10 11 85 CODyrigh;• Insu►ante Services PffiCe. Inc.. 1984 0
� nti
}
1,
•r vll�r�.
02/29/60 16:05 FAX 7148004965 �001
i
First American Title Insurance Company
2 FMST AMERICAN WAY, SANfA ANA, CALIFORNIA 92707• (714)800-3000
I ,
FAX TRANSMITTAL SHEET
i
I.
DATE: February 29, 2000
TO: CITY OF HUNTINGTON BEACH - RlCKI"
FAX: 374.1.140
'I
FROM: JEFF EMENAXER-SUBDIVISION DEPARTMENT
FIRST AMERICAN TITLE - ORANGE COUNTY
FAX NO. (714)800-4965
i
REFERENCE: SIGNAL LANDMARK PARR DEED
I _
i
*A *A
i
THIS TRANSMISSION CONTAINS II PAGES, INCLUDING THIS COVER
SHEET, IF ALL PAGES ARE NOT RECEIVED, PLEASE CONTACT
JEFF EMENAKER AT(714)8004965
^*A*^*^*A*^*A*^ ^*A*A*A*A RYA*A AMA MBA NIA K#A MA SNA NSA*A DNA*A*^*^*A*^*^�^�~�^ ^*~�^
02/29/00 16:08 FAX 7148004965 �002
.1 •• , , This document Nactronically recorded by
RECORDING REpUESTED BY First American T ea Insurance Company
,,1)t8Y AMERICAN TI i Z
�8Y
RECORDING REQUESTED BY AN[>! Reccrded in the County of Orange, California
WHEN RECORDED RETURN TO: Gs R Grarville ClerklRecorder
city lil(IVI�!IIIilllll�ll(IIVIUi11011111(IlVIII(I No Fee
tr�x cie c1er 20000104631 4:30PM 02/28/00
City of Huntington Beach 004 CC'129485 103 43
2000 Main Street 597 10 0 0.00 0.00 0.00 0.00 0.00 0.00
Huntinon Beach, CA 92648 a 0.00000
Attr,:
t-Va:Abow This Line For Racardda Use Only)
The Underslgred det lases twat this document is recorded- the r- ueg st
of and for the benefit of the City of Kmidnpa Beath and
exempt from du payment of the recording he pumt=bot� Iq�
Coda 14103 ud&am the paywir of the Doeumecraty T��AA® dik .. ^•0i�
p rm=to Raveaao aW Taxation Code 811922. FM MIMM TM 4
t ; �� 94
By. 10�0
GRANT_DEED
(Parks Purposes)
THIS GRANT DEED ("Dced") is made as of this _2,1day of December 1999,by
Signal Landmark, a California corporation("Grantor"), in favor of the City of Huntington Beach, a
municipal corporation and charter city organized and existing under the laws of the State of California
(the "City"), with reference to the following facts:
RECITALS
A. Grantor is the owner-of fee title to that certain;eal propery located within the
City of Huntington Beach, County of Orange, known as the 5andover project (the "Project").
B. Condition No.3.c.of the approval of Tentative Tract Map No. 15734,approved
for the development of the Project, (the "Condition") requires the dedi,=ion of a 30 foot wide area
along the northerly property line of the Project over a portion of the adjacent parcel also owned by
Grantor(the "Dedication Area"). The Dedication Area is more particularly desu.ribed in Exhibit "A"
attached hereto.
C. In order to satisfy the Condition, Grantor has delivered to she City this Deed,
subject to the terms and conditions set forth below.
:AT2 CQTW MA TO .i)FLZ gI) Tax-?xerrp'-Government Agency
Glsi.T4 TU-7 0�„ Citg Attozrner CITY OF HUNTINGTON BEACH
Dayup laity Attorney .
02t7C0l16:52%C11908.1]SJ117718,7 1. — Deputy City Clem
i
02i29%UO 16:06 FAX 7148004965 R009
i
I
NOW; THEREFORE,for valuable consideration, the receipt and adequacy of which
is hereby acknowledged,Grantor hereby grants the Dedication Area in fee simple tc the City for park
purposes, subject to the following terms and conditions:
1. Condition 0-Title. This Deed is made subject to all liens, encumbrances,
assessments, easements, leases (recorded), covenants, conditions, restrictions, reservarions, rights,
rights of way, easements, and other matters of record.
2. Additional Terms, Covenants and Conditions.
a. Conditions to Acceptance of the Deed: The City's right W accept the
Deed is expressly subject to the prior recordation of Pinal Map No; 15734.
b. Access to the DSdia ion Area. Access over the Dedication Area prior
to the acceptance of this Deed shall be limited to the City, its employees; licensees, representatives,
and independent contractors acting within the scope of their employment. solely for the purposes`of
surveying. Trapping, and planning activities related to future management of_the dedication areas
Any such access shall be subject to Grantor's entry permit requirements and shall be reasonably.
provided so long as the party desiring access bnlrl5 a valid entry PP,rmir from Grantor and g veg
Grantor not less than five (5)business days' prior written notice of such!entry.
C. hl mer of Acceptance. The.Deed may be accepted by the City inly b,,,
resolution or other official action appropriate to the powers of and laws a verniIIg the City;`2 notice
or copy of which action shall be recorded in the Official Records of Orange County, California.
d. Successors and-Assigns, Subject to the preezdiug terms and conditions,
this Deed shall be absolutely binding upon the undersigned Grantor, its respective heirs, successors,
and assigns;
e. Condition of Dedication Area. Gr�rntor hereby'declares and City
acknowledges that the Dedication Area may have been farmed or used for grazing purposes and that,,
in connection therewith fertilizers, pesticides,weed killers and other agricultural chemicals clay have
been lased on the Dedication Area and such chemicals raay be'present on the Dedication Area,
Grantor has no knowledge of any other releases of hazardous materials that may have occurred on the
De.aication Area, including without limitation any releases that may Have affected the soil sir,the
ground water of the Dedication Area. As used in this paragraph, the term "hazardous materials" '
means ae materials defined in Section 25501 of the California Health and Safety Code and also
includes, without limitation, pesticides, fungicides, rodenticides, and petzoleum hydrocarbons in
quantities or concentrations that are injurious to the health and safer, of rersons or harmful to the
environment. References to Grantor's "knowledge" in this paragraph shalt mean the current actual
knowledge of employees of Grantor having primary responsibility for the Dedication Area without
any :duty of inquiry or investigation. Except for (i) the allocationof liability for remediatiol of a
0271700116.521C11939-13V117718.2 -2 -
?�i2P/00 18:07 FAX 714800 8d5 Q 004
i
release of hazardous materials on the Dedication Area, which shay be governed by lave, azd (ii)the
provisions of Section 1. (Condition of Title), City shall accept this Deed and theiDedicatfbn Area, if
at all, in its "AS IS" condition, without any representation or warranty, express or implied, as to its
condition or suitability for any use, i
3. Attachments.
1
This Deed includes the following, winch is attached hereto and made apart
hereof:
"A" Legal Description of the Dedication Ai ea
4. Miscellaneous.
1
a.- Effect of Acceptance. Acceptance by the City of this Deed, as it may
be amended from time to time, shall constitute the agreement of the City to,be bound by all of the
terms, conditions, restrictions, exclusions, and reservations includes) in this Dred and such
amendments.
b. Captions,. The captions used herein are for convenience only and are
not a part of this instrument and do not in any way limit or amplify the scope ez intent of the terms
and provisions hereof.
C. Application to Grantor, Notwithstanding anything herein contained to
the contrary, if City fails to accept the Dedication Area within the times'provided herein or if Grantor
reacquires title to the Dedication Area or any portion thereof at any time after the:expiration of this
Deed,the provisions of this instrument shall automatically cease and terminate as to 311 or such portion
of the Dedication Area and be of no further force or effect as to Grantor.
d. Binding Effept. Except as otherwise brovided herein, all terms,
conditions, restrictions, exclusions, and reservations of this Deed shall�re`binding upon and inure 10
the benefit of the City and Grantor, and their respective successors and assigns.
(P, Notim. All notice.S nr nthPr rnmm,.mira moons provided for o�. permitted
hereunder shall be made by band-delivery, pre-paid first-class mail. or telecopier:
If to the City:
i
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn., City Clerk
I IJW9112:24/C1 193 6-13 IV 117718,1 -3
02//29/00 16:07 FAX 7148004965 Z 005
i
With a copy to:
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Attn.: Real Estate Services
If to Grantor: ;
Signal Landmark
6 Executive Circle ;.
Suite 250
Irvine, CA 92714
All such notices and communications shall be deemed to have been duly given:
when delivered by hand, if personally delivered; two business days after beii?deposited in the mail,
postage pre-paid, if meiled,as aforesaid; and when receipt acknowledged in wi-i ing by the recipient,
if telecopied.i Any party may from time to time, by written notice to the othher. designate a different
address which shall be substituted for that specified above,
f. Complia=g With Law. The City agrees and acknuw.ledges that this
Deed and the transactions and conveyances contemplated in this Deed comply with all local, state,and
federal laws, and acceptance of this Deed by the City is not prohibited under, and does not violate,
any provision of local, state, or federal law. The City shall, at any time and from time to time, upon
the requ-.st of Grantor, execute and deliver to Grantor any new or confirmatory instruments and do
and perform any and all other acts to fully complete the consummation of this Deed and any and all
of City's obligations hereunder, and to confer the same.
g. ant. Notwithstaiding anything herein to the contrary,City shall
have the ri-hr to assign its interest in this Deed prior to acceptance to another public agency or
maintenance district. Any assignee of City's interest hereunder shall automatically, as of the effective
date of the assignment(i) succeed to the rights and powers herein granted to City and (ii)be deemed
to hove assumed the obligations and duties of City hereunder. No such succession or assignment shall
be deemed to relieve City of its obligations under this Deed unless Grantor agrees to such a release
iu a writing executed by both parties hereto.
h. Severability. If any provision of this Deed, or the application,thereof,
shall for any reason and to any extent be invalid or unenforceable, the remainder of this Deed and
application of such provision to other circumstances, shall be interpreted so as best to r0sonably
effect the intern of the parties hereto.
i_ Satisfaction gf Condition. By executing and delivering this Deed to the
113099113:261C1Ii38-1M177:8.1 - 4
02/29i00 16:08 FAX 7148004965 Z 008
City, Grantor shall be deemed to have satisfied the requirements of the Condition.
W WITNESS WHEREOF, Grantor has caused this Deed tc be exe;-Med by its duly
authorized officers as of the date first set forth above.
"Grantor"
i
SIGNAL LANDMARK, a Cali<ornia corporation
By. �, t,
Pr dent and Chief ExecItive Officer
By: -
i
ino99/12.36/C11938-138I117718,1 S
02/29/00 16:08 FAX 7148004965 Z 007
State of California }
}
County of Orange
On-l� , ; 4 , before me, /'4 �� 1'.�JS� -, Notary Public,
personally appeared 11nor, AX. Lhrw� and , personally known to me
(or proved to me on the asis of satisfactory evidence)to be the persons whose nacres are subscribed
to the within instrument and acknowledged 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 and official seal.
1h• CHRISTINE A. RUSH
'.'A. Comm.i 1150076 N /
U! NOTARY PUBLIC-CN.RN1A
orange count i Signature
My Comm.Eaphes Oct.31,2001
(SEAL)
State of California }
t
County of Orange }
On , before me, , Notary Public,
personally appeared ,personally knovmto me(or proved
to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the
within instrument and acknowledged to me that he/shelthey executed the same in his/her/their
authorized capacity(iss), and that by his/her/their sigaature(s)on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,executed the instrument.
WITNESS my band and official seal.
Signature
(SEAL)
113099/13:36/M1935-138/11171IL 1 - 7
02/29/00 10:09 FAX 7148004905 �008
HURTOALARS
H%]U-Zollar$.InC.!16101 REd Hill Avenue/Tustln.Celilomin 0276o.g500 j Phan(714)253.7GM/pax(714)239.C210
10-0679-01(A)
07-22-99
Revised
12-21-99
LEGAL DESCRIPTION
FOR
PARK DEDICATION'
That portion of Section 28 in Township 5 South, Range I 1 West, in the Rancho Ira Bolsa
Chica, in the City of Huntington Beach, County of Orange, State of California, as shown
on the reap recorded in Book 51, Page 13 of Miscellaneous Maps in the office of the
County Recorder of said County, more particularly shown on Record of Survey 97-1000
filed in Book 169,Pages 25.through 36-of Record of Surveys in the office of said County
Recorder, included within a strip of land, 30.00 feet in width, the Northerly line of said
strip being described as follows:
Beginning at the centerline intersection of Bolsa Chica Street and-Los Patos Avenue as
shown on said Record of Survey; thence South 89035'35" East 473-00 Beet along the
Westerly prolongation of'the Southerly line of Tract No. 5792 filed in Book 200, Pages'8
through 11 and Tract ?.To. 10853 filed in Book 513, Pages 14 through 15, both of
Miscellaneous Maps,to the intersection with the Westerly line of Parcel 9 as described in
that certain corporation quitclaim deed to Metropolitan Water District of Southern
California recorded February 22, 1974 in Book 11080,Page 287 of said Official Records.
The sidelines of said strip to be prolonged or shortened to terminate Easterly in said
Westerly line.
EXCEPTING therefrom that portion lying Westerly of a line parallel with and 90.00 feet
Easterly from the Southerly prolongation of the centerline of said Bolsa Chica Street.
Subject to covenants, conditions, reservations, restrictions, rights of way, and easements,
if any,of record.
NLLAND
NO. 6409
a FRCP. 12131/02
J EPFi 4K(�.LS 5409 •
.�
oF cr+uF°�
ml'mad10-06�9.OI/1lparkdedi]rd/zk
t�alnn!-....L57wwM 1 L'...ri..n 1 CIO—1 W.......1..!T..,:..1/1-.-.M 1•Iw.......-. I
02/29/00 16:09 FAX 7148004965 Ij049
II II
IIIII
! 1 II
60'
1
ano�I r
wl I°, INI � ' �
�1 NJ i(mil
V03, 4
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Isla I�( , I
v I�zl1 I TRACT ,40.
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CIL. LOS N8935'35'W 473.00.1
_�pATO8_Avl I 0.00' I �.
- U 383.00' +�
80' I W'LY PROLONGAMN S'LY
LINE TR. NO. 5792 &
w N 1 SLY LINE TR. NO. 10853.
L Xg I -1d
ww
F
o HUNTINGTON BEACH I S5 5�pa d• s�s��
Wpd CITY LIMITS I � Fps c
• N0. 6409
EV. 12/31/02
j COUNTY OF ORANGE
REWISED: 12-21-99
HUITT—ZOLLAtRS SKETCH TO ACCOMPANY "Lc 1 =200'
A LEGAL CESCRIPT70N DRAW BY DAO
HUtt-Zokre, Imm
5101 Red HIA AverM� CA 92790 FOR S�Y.IR Dins
PARK DEDICATION DATE7124/s9
Na
7 10-0679-07
G.\10067901�EY067901.D WG'
02/29/00 16:10 FAX 7146004965 �010
•J, CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCK%VAY
CRY CLERK
DEED CERTIFICATION
CITY OF HLUITINGTON BEACH
This is to certify thief the interest in real property conveyed by the Deed dated
December 21, 1.999,from Signal Landmark,a California Corporation,to the CITY
OF HUNTINGTON BEACH is hereby accepted by the undersigped 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: February 28,2000
CITY OF HUNMOTON BEACH
CON NU BROCKWAY.CIVIC
CITY CLERK
sy:
thristin CIearT
DepLty
g:lfoQowupldecdcorVdced 5702JState
(Telephone:77453e-5227)
02/29/00 16:10 FAX 7148004965 �011
Government Code 27361.7
certify under the penalty of perjury that the notary seal on
this document reads as follows:
Name of Notary: CHRISTINE A. RUSH
Oate Commission Expires. OCTOBER 31, 2001
County where Bond is Filed: ORANGE
Commission No.: 1160076
Manufacturer/Vendor No.: V511
Place of execution • Santa Ana Date- February 28, 2COC
FIRST AMERICAN Ilf a!E Ill URANCE COMPANY
IJ
I
CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
OFFICE OF THE CITY CLERK
CONNIE BROCKWAY
CITY CLERK
February 28, 2000
Gary L. Granville, County Clerk-Recorder
P. 0. Box 238
Santa Ana, CA 92702
Enclosed please find Grant Deed No. 5749 to be recorded and returned to the City of
Huntington Beach, Office of the City Clerk, 2000 Main Street, Huntington Beach, CA
92648.
Please return a conformed copy of the Grant Deed when recorded to this office in the
enclosed self-addressed stamped envelope.
�ti�CaKJ
Connie Brockway, CMC�
City Clerk
Enclosures
g:\followup\deedltr: Grant Deed No. 5749, Raymond Pacini, Pres. And Chief Exec.
Officer, Signal Landmark; our file 650.20.
G/Followup/deedltr
1 Telephone:714-536.5227)
Feb 24 '00 11:18 P.02i02
ACTION BY WRITTEN CONSENT
OF
THE BOARD OF DIRECTORS
OF
SIGNAL LANDMARK
February 24, 2000
Under and in accordance with.Section 307 of the California Corporations Code,;the undersigned being all
of the meinbers of the Board of Directors (the "Board") of Signal Landmark, a California corporation (the
"Company"),waiving all notice,hereby-execute this instrument,or counter-part hereof,to evidence their consent to
the taking of the actions set forth herein,and adoption of the following resolution without the holding of a meeting:
RESOLVED, that Raymond J. Pacini, President and Chief Executive Officer, be and
hereby is, authorized to sign any and all documents required for the dedication!of a 30 foot wide
area along the northerly property line of project known as"Sandover", of real property to the City
of Huntington Beach, California, required as a condition of the approval of Tentative Tract Map
No. 15734.
IN WITNESS WHEREOF, the undersigned have executed this Action by Maiority Written Consent
effective as of the date first written above.
Raymond JOAcini
Sand a G. Sciutto
i
FEB-24-2000 10:33 96% P.02