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HomeMy WebLinkAboutFINAL TRACT MAP 9260FTM 8260 CITY OF NEWPORT BEACH RECREATION PARKS, BEACHES & RECREATION DEPARTMENT August 10, 1978 TO: DICK HOGAN, DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Dave Fennell, Department of Parks, Beaches & Recreation SUBJECT: INSPECTION OF LANDSCAPED SLOPE AREAS FOR COMPLIANCE WITH APPROVED PLANS, BROADMOOR SEAVIEW TRACTS 9047, 9260 AND 9261 DISCUSSION: A site inspection of the above referenced project was conducted on August 9, 1978 at 9:30 a.m, for purposes of evaluating conformance with approved landscape plans. Present were: Mrs. Joann Brock, President, Broadmoor Seaview Homeowners Association Mr. Jeff Gaynor, Vice President, Broadmoor Seaview Homeowners Association Dave Fennell, City of Newport Beach It was generally agreed that, with few and minor exceptions, the slope planting and irrigation system were installed in accordance with the approved landscape plans for the project. It was further noted that much of the temporary nurse crop that was hydroseeded over permanent groundcover plantings has not responded as well as might be expected. It was suggested that a closer investigation of irrigation coverage, fertilization, inherent soil conditions and cultural practices in general might yield remedial measures which could be taken to bring the plantings up to a satisfactory level. If you have further questions regarding this project, please advise. c DAVID T. FENNELL Landscape Architect DTF:dm cc: Mrs. Joann Brock, Broadmoor-Seaview RF Homeowners Association oC,,,, Robert L. Wynn, City Manager a%per ty Ronald A. Whitley, Director, PB & R �1(/�l QAt eOt F19j8�/ ID 0 In the matter of the application of BROADMOOR HOMES, INC. a California corporation - DEPARTMENT OF REAL ESTATE OF THE STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 rINAL SUBDIVISION PUBLIC REPORT FILE NO. 38257 / ISSUED: JANUARY 11, 1977 fora -Final Subdivision Public Report on TRACT NO.-9260-,( "PHASE -IV) "BROADMOOR---SEAVIEW° EXPIRESf -JANUARY-101-1982- ORANGE-COUNTY—;-CALIFORNIA_ This -Report Is Not a-Reddhilriendation or E3orsement bf-the Subdivision - - But1s Informative Only. Buyer or Lessee Must Sign -That He Has Received -and Read This Report. This -Report Expires on Date -Shown Above: If There Has Been a Material Change:in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. Section 35700-6f .the California:Health -and Safety Code=provides. that -the practice of discrimination - because of race, color, -religion, sex, -marital status,:nationaLocigin�or ancestr-y;inhousingaccommodations.is' again stpublic-pol icy. Under -Section 125.6 of the -California Business and.Professions--Code;-California real-estate licensees are - subject to -disciplinary. action-by.the:Real-Estate_Commissioner4.fwhey make anyAiscrimination, distinction - or restrictiori-in" negotiating a sale or -lease of real property-•bedause-of the race, color, sex, -religion, ancestry or national origin of the prospective buyer. If any prospective buyer -or lessee believes -ghat a licensee is guilty of such conduct, he or she should -contact -the Department of Real Estate. - Information Regarding Schools can be found on Page six of - this- Report. READ THE ENTIRE REPORT on the following pages before contracting to purchase a lot .in this SUBDIVISION. R/E Form 618 10/76 SPECIAL NOTES THIS REPORT COVERS ONLY LOTS 62 TO 69, INCLUSIVE, AND LOT E. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WILL BE OPERATED BY AN INCORPORATED OWNERS' ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTE- NANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CONTROL OF OPERATIONS AND EXPENSES IS NORMALLY LIMITED TO THE RIGHT OF YOUR ELECTED REPRESENTA- TIVES TO VOTE ON CERTAIN PROVISIONS AT MEETINGS. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BYLAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND BY FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESE DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES, USE, OBLI- GATIONS, AND COSTS OF MAINTENANCE.AND OPERATION. YOU SHOULD READ AND UN- DERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. THE SUBDIVIDER -OF THIS PROJECT -HAS INDICATED -THAT- HE=INTENDS TO SELL ALL -OF THE--UNITS-IN THIS -PROJECT. HOWEVER; ANY -OWNER, -INCLUDING -THE DEVELOPER, HAS A LEGAL MIGHT TO LEASE:THE-UNITS.. PROSPECTIVE PURCHASERS SHOULD-CONSI=- DER- THE PASSIBLE. -EFFECTS ON- THE --DEVELOPMENT -IF A SUBSTANTIAL -PORTION OF THE UNITS BECOME~RENTAL=PROP.E-RT•IES-. _-_ THE-SUBDIVIDER_STATED-s_HE==WILL- FURNISH"THE-CURRENT= BOARD �OF `OFFICERS"-OF='rIiE - HOMEOWNER ASSOCIATION THE BUILDING PLANS, TO INCLUDE DIAGRAMS OF LOCATION OF MAJOR COMPONENTS, -UTILITIES AND RELATED DATA.- THESE ITEMS WILL BE IM- PORTANT -TO THE -BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS -SUBDIVISION. INTERESTS TO -BE -CONVEYED,- You.will.receive fee-title--to-a specified lot; --together with -_a - membership- in:Broadmoor_Sea-View-Communi-ty.Association-and rights to, -use -the common area. LOCATION- AND -'SIZE: _-In-the_City__of :Newport Beach-;- east -=of _the- Corona-�Del .Mar -=Freeway;: . between -San -Joaquin Hills ,Road•-and--For&-Road. This-is'the fourth -and final increment, which consists of approximately 1.50 acres divided into eight residential lots, in addition to the common area which consists of private street Lot E. The first three increments _ containing- 159-residential lots, in addition .to- common -areas consisting --of a -gazebo, two. tenni-s:courts,�_clock_tower,-cabana -and-overhead-r pool -with deck, - jacuzzi-.and gatehouse; open area -and -slope -areas, -and -private: streets: - The total acreage -is 50 acres with-167-residential lots. - MANAGEMENT AND OPERATION: The Broadmoor Sea -View Community Association, which you must join, manages and operates -the common area(s) in accordance -with -the Restrictions, Articles of Incorporation and -the Bylaws:- -2--of-6 pages- FILE NO. -38257 MAINTENANCE AND OPERATIONAL EXPENSES: The subdivider has submitted a budget for the maintenance and operation of the common areas. You should obtain a copy of this bud- .6et from the subdivider. Under this budget, the monthly assessment against each sub- division lot will be $63.00. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES 10% OR MORE FROM THE ASSESSMENT AMOUNT SHOWN IN THIS' PUBLIC REPORT, YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE EN- TERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CC&Rs or Bylaws. In considering the advisability of a decrease in assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIEKAND WITH -INCREASES IN THE COST OF LIVING: Monthly assessments wi13 commence on all lots in this increment (numbers 62 through 69) during the month following -the -closing of the -first sale -of a -lot:. From --that time, the subdivider is required -to pay the association a -monthly -assessment for- each==lot= which he owns. The remedies available to the association against owners who are delinquent in the payment of assessments are set forth in the-CC&Rs. These remedies are --available against the subdivider -as-well -as against other owners. The -subdivider-has posted a bond as partial security for his -obligation to--pay-these assessments._ The governing -body -of the -association should assure -itself -that ==the-subdi-vider_has-satisfied-his -obligations -- to the association with -respect to the=payment.of assessments before -agreeing -to a - release or exoneration of the -security. According to the -subdivider., -the --Community Cablevision- Company -has= -elected to -provide - six --months -free -cable=television_ser-vice=to every homeowner -from -date-of close- of-es---- crow.---Unless _the homeowners L association -subsequently. votes on the -question -of whether or not mandatory_cable:TV is -desired, -it will -be the -responsibility of each individual owner wanting this service to contract for and -pay for the cable TV use. If the -asso- ciation decides to negotiate a contract and pay for the cable TV use, your monthly as- sessment would probably be increased. TITLE, --Title, among--other-things, -to be subject_to: .. "Reserving unto Grantor, its successor and assigns, -the right to emplace on, under -and across said -lot transmission lines and other facilities for a com- munity antenna -television system-and-thereafterto own -said lines and facilities and the right to enter upon said lot to service, maintain, repair, reconstruct and replace said lines and. facilities-, together with the right to grant easements and transfer -the -same;--provided,- -however,—that -the-exereise-of such -rights -does --- not unreasonably interfere with grantee's reasonable use -and- enjoyment - of said lot." -3- of 6 pages FILE NO. 38257 EASEMENTS: Easements for utilities, rights -of -way and other purposes are shown on the title report and subdivision map recorded in the Office of the Orange County Recorder, Boo1�.378, Pages 32-37. A perpetual easement in the airspace for light and air above and an unobstructed view over said land lying above a level plane that is at an elevation of 430 feet above mean sea level, together with a perpetual easement of all of the following rights: To erect or maintain any buildings, improvements or other structures. To cause or maintain any condition of said real property, or to grow or permit any trees, - shrubbery or other plants on said real property, which protrude into or encroach upon said airspace and as reserved in the deed from Pacific View Memorial Park, a corporation, to the Irvine Company, a corporation, recorded August 11, 1971, in Book 9756, Page 527 of Official Records, reference being hereby made to the record thereof for full particular USES AND ZONING: Broadmoor-Seaview underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters flying over the area. RESTRICTIONS: This subdivision is subject _to restrictions -recorded in the Office of the Orange County Recorder ,-Book-11887; Page 301; Supplemented October 26, 1.976, Book 11935, Pages 505-520; November_2, 1976, in Book-11946,= Pages 1536-1554; and November 29, 19.76- Book-i1-975;-Pages_1A74=108-5y=which include,-=among-other=provi-siohs; the.fol -:- lowing: Non-payment of assessments -to owners' association- may result in a lien and possible fore- closure_ against your property--- The association has .the night -to -establish and - enforce reasonable rules and regulations pertaining to the use and enjoyment of the com- mon -area and -the facilities thereon-, and -to charge reasonable admission and other fees for the use of any facil-ity'in the common area. No fence, --wall, building or other -structure on exterior-, addition to or alteration Un- cluding painting) shall be constructed or altered until plans have been approved in writing by- an Architectural -Committee,- initially:to be appointed by the -developer-. - - No outside- television -or radio- antennae-shall.=be: erected_ untii.it shall- have-beenap _ - proved by the Committee. Dogs, cats, birds, and fish may be kept as pets. All dogs permitted to be kept shall .be kept on a leash within Broadmoor Seaview, when not within an enclosed area of 'a lot. Each owner shall maintain all portions of slope control -areas and any -retaining wall within - the landscaped slope- controi_aneas-on.-his-lot not-maintained_by the associatiorr. Each lot in Phase 4 (except Lot 69) shall have an easement created approximately four feet wide, extending from the front lot line to the rear lot line, -for the benefit of the. lot (including -Lot 69)-adjoining said easement. TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1975/76 FISCAL YEAR IS $8:8214. -4- of 6 pages FILE NO. 38257 u THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. ^FOR EXAMPLE, A14Y BONDED DEBT OR -SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the following provisions: An acceleration clause. This means that if you sell the property or use it as a se- curity for another loan, the lender may declare the entire unpaid loan balance imme- diately due and payable. NOTE: Section 2924.6 of the Civil Code of the State of California provides that a lender may not be able to accelerate the loan in the event of certain types of transfers of title, more particularly set forth in that Code Section. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required to pay an additional amount as a penalty in accordance with the -terms -of the -loan. A late charge: This means that. if -you are. late. in making your- monthly loan payment, you may have to pay an additional -amount as -a penalty. The amount listed in the -installment note may exceed --the limitations -imposed in appli- cable laws pertaining to late charges and=to the --extent they- exceed=legal limitations - they may ­not.be'enforceable.-_ A balloon uavment. This means that your.monthly-payments are not large -enough to pay off the loan with interest during the period for which the -loan is written and that at the end of this period; you must pay--the-entire remaining balance in one payment-. If the remaining balance -is a sizeable one, you -may -be concerned with the possible difficulty in refinancing the balance. A variable interest rate.-- This -means.that- during. the -term-of .the loan -the rate of - - interest-- may be increased- or decreased- periodically in -accord with -the provisions -of - the loan documents. Buyer- may. execute a second--purchase-money deed-of_trust_in favor -of seller- - BEFORE -SIGNING, YOU SHOULD -READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in an escrow depository -until legal title is delivered to -you except for such amount as the subdivider has:--covered-by furnishing -a bond to--the-State -of -CaIifornia: - (Refer to :. Sections 11013, 110T3.2(a)y 11013.2(c),_Business and -Professions -Code.) If the escrow has not closed on -your- lot -within-twelve_(1-2) months of -the date -of your -- deposit-receipt, you -may request -return -of your deposit. GEOLOGIC CONDITIONS:. THE--UNIFORMS•BUILDING-CODE,--CHAPTER 70-; PROVIDES FOR -LOCAL' BUILDING ' OFFICIALS TO EXERCISE PREVENTIVE -MEASURES DURING GRADING TO 'ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC -HAZARDS SUCH AS.LANDSLIDES ,-FAULT MOVEMENTS; EARTHQUAKE SHAKING, RAPID EROSION_OR SUBSIDENCE. _THIS SUBDIVISION IS:LOCATED-IN AN AREN-WHERE-SOME OF THESE -HAZARDS MAY EXIST.-'-SOME-CALIFORNIA-COUNTIES-AND .CITIES HAVE'ADOPTED ORDINANCES THAT MAY MAY NOT BE AS-EFFECTINE IN THE CONTROL OF -GRADING AND SITE PREPARATION. -5- of 6 pages FILE NO. 38257 The closest potentially active fault is the Newport -Inglewood Fault Zone, located ap- proximately 3 miles to the south. The epicenter for the 1933 Long Beach Earthquake, with a magnitude of 6.5, was located about 7 miles southwest of this -project. Other faults which could probably influence the site are the Whittier -Elsinore Fault (lo- cated approximately 20 miles to the northeast), the San Gabriel Fault (located 40 miles to the north) and the San Andreas Fault (situated about 55 miles to the north). It is reasonable to assume that during the 50 years life structure will be subjected to an earthquake of magnitude 6.0. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE -IF THE ABOVE -MENTIONED HAZARDS ' HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING THE CONSTRUCTION OF THIS SUBDI- VISION. FILLED GROUND: Some lots contain filled ground varying to a maximum depth of 26.5 feet. These soils are to be properly compacted for the intended use under the super- vision of a state licensed engineer. SOIL CONDITIONS: An engineering report has been filed -which -indicates soil is expan- sive, and included in the report are certain structural recommendations. Subdivider has certified that he will comply with the recommendations of the engineer, that the purchasers' funds-wil-1 be impounded -in escrow, and that no escrows will close -until recommendations -have -been -completed -.-- FLOOD AND DRAINAGE: According -to the -City Engineer of the City of`Newport Beach, "... this tract is subject to infrequent sheet overflow." STREETS AND ROADS: Private streets inside the project will be maintained by the home- owners' association. No vehicular -access -to -San Miguel -Dr-ive. PUBLIC TRANSPORTATION: -Regularly-scheduled public transportation service is 1-112 miles from -the subdivision at -MacArthur -Boulevard and San Joaquin -Hills Road. SCHOOLS-:- The_Newport-Mesa Unified-Schoo3:�3istnict-advises:that the-location-andrdistance from the most distant -lot in the tract to the nearest -schools serving this tract are as follows: Harbor View Elementary School,_900 Goldenrod Avenue, 1..8 miles; Lincoln Middle School ,-3101 Pacific -View Drive ,-0.4 mile.; Corona Del Mar High, 2101 East Bluff Drive, 2.0 miles. School bus tranpsortation is not available to Lincoln Middle School. NOTE: This school information was provided by the.school district prior to issuance of the public --report. Purchasers may�contaet the local -school district offices for any changes in school assignments, facilities and bus service. For -further information in regard. to this subdivision, you may call -(.213)' 620-2700, or - examine the -documents at the Department of Real Estate, 107 South Broadway, Room 8136, Los Angeles, California 90012. WPW/klm -6- and last FILE NO. 38257 DEPARTMENT OF REAL ESTATE, Or T)3E STATE OF CALIFORNIA TELEPHONE NO. (213) 620-2700 In the matter of the application of BROADMOOR HOMES, INC., a California corporation for a final subdivision public report TRACT NO. 9260 "BROADMOOR-SEAVIEW" ORANGE COUNTY, CALIFORNIA 6 � u n C7y O m <� 'o C4 1�7a O X, Z z FINAL SUBDIVISION PUBLIC REPORT FILE NO. 38102 12 ISSUED; SEPTEMBER 24, 1976 1 EXPIRES; SEPTEMBER 23, 1981 This Report Is Not a Recommendation or Endorsement of the Subdivision But Is Informative Only. Buyer or Lessee Must Sign That He Has Received and Read This' Report. This Report Expires on Date Shown Above. If There Has Been a Material Change in the Offering, an Amended Public Report Must Be Obtained and Used in Lieu of This Report. SPECIAL NOTES INFORMATION REGARDING SCHOOLS CAN BE FOUND ON PAGES 5 AND 6 OF THIS REPORT. THIS REPORT DOES NOT INCLUDE LOTS 62 TO 69 INCLUSIVE, OF THE ORIGINAL SUBDIVISION WHICH CONTAINED 7.O,LOTS; THEY -ARE TO BE DEVELOPED IN A SUBSEQUENT PHASE OF THIS PROJECT. THIS PROJECT IS A PLANNED DEVELOPMENT. IT INCLUDES COMMON AREAS AND COMMON FACILITIES WHICH WI.LL BE OPERATED BY AN INCORPORATED OWNERS ASSOCIATION. THE ASSOCIATION HAS THE RIGHT TO LEVY ASSESSMENTS AGAINST YOU FOR MAINTENANCE OF THE COMMON AREAS AND OTHER PURPOSES. YOUR CON- TROL OF OPERATIONS AND EXPENSES IS LIMITED TO YOUR RIGHT TO VOTE AT MEETINGS. THE SUBDIVIDER HAS STATED THAT HE WILL PROVIDE YOU WITH A COPY OF THE ARTICLES OF INCORPORATION, RESTRICTIONS AND BY-LAWS, BY POSTING THEM IN A PROMINENT LOCATION IN THE SALES OFFICE AND FURNISHING YOU COPIES PRIOR TO CLOSE OF ESCROW. THESES DOCUMENTS CONTAIN NUMEROUS MATERIAL PROVISIONS THAT SUBSTANTIALLY AFFECT AND CONTROL YOUR RIGHTS, PRIVILEGES USE OLBIGATIONS, AND COSTS OF MAINTENANCE AND OPERATION. YOU SHOULD READ ANC UNDERSTAND THESE DOCUMENTS BEFORE YOU OBLIGATE YOURSELF TO PURCHASE A LOT. • THE SUBDIVIDER STATED HE WILL FURNISH THE CURRENT BOARD OF OFFICERS OF HOMEOWNER ASSOCIATION THE BUILDING PLANS TO IN.CLUDE DIAGRAMS OF 20001.809 12.15 KDM 0 0 . 0. LOCATION OF MAJOR COMPONENTS, UTILITIES AND RELATED DATA. THESE ITEMS WILL BE IMPORTANT TO THE BOARD OF OFFICERS OR THOSE WHO WILL MANAGE OR REPAIR COMMON FACILITIES IN THIS SUBDIVISION. INTERESTS TO BE CONVEYED: You will receive fee title to a specified lot together with a membership in Broadmoor Sea View Community Association and right to use the common area. LOCATION AND SIZE: In the City of Newport Beach, on the southeasterly side of San Miguel Drive east of the Corona Del Mar Freeway between San Joaquin Hills Road and Ford Road. This is the first phase which consists of approximately 18.78 acres divided into 61 lots in addition to the common area which consists of Private Streets and Recreational lot 70, on which community facilities consisting of a Gazebo, 2 Tennis Courts, Clock Tower, Cabana 8 Overhead, Pool with Deck, Jacuzzi, and Gatehouse will be constructed. This project now contains 18.78 acres and 61 residential lots, if the total project is developed as proposed, it will consist of a total 'of 4 phases and 167 lots, as well as common facilities consisting of, Private streets, recreation area already described, landscaped slope area, natural open space, and additional recreation'area. There is no assurance that the total project will be completed as proposed. MANAGEMENT AND OPERATION: The Broadmoor Sea View Community Association, which you must join, manages and operates the common area(s) in accordance with the Restrictions, Art- icles of Incorporation and the By -Laws. MAINTENANCE AND OPERATION EXPENSES: The subdivider has entered into an agreement with the Broadmoor Sea View Community Association to subsidize the difference between the current dues rate and the built -out project assessment rate. For example: the proposed budget rate for this PHASE is $114.00 per lot per month. The final dues rate for the built -out project is $63.00 per lot per month. Under the Agreement you would pay the $63.00 monthly assessment and the subdivider would make up the $51.00 per unit per month difference. The subsidy will apply only to regular assessments. This agreement will terminate (a).18 months of the closing of the first escrow in Tract 9260 or (b) when all residential lots are sold in Tracts 9260, 9261 and 9047, which- ever•event occurs first. The subdivider is under no legal obligation to annex additional increments to the original development. Prospective purchasers.should not rely on the anticipated future development when making a decision with respect to purchase of a lot. IF THE BUDGET FURNISHED TO YOU BY THE DEVELOPER SHOWS A MONTHLY ASSESSMENT FIGURE WHICH VARIES IN, OR MORE FROM THE ASSESSMENT AMOUNT SH014N IN THIS PUBLIC REPORT,.YOU SHOULD CONTACT THE DEPARTMENT OF REAL ESTATE BEFORE ENTERING INTO AN AGREEMENT TO PURCHASE. The association may increase or decrease assessments at any time in accordance with the procedure prescribed in the CCER's or Bylaws. In considering the advisability of a decrease in the assessments, care should be taken not to eliminate amounts attributable to reserves for replacement or major maintenance. THE INFORMATION INCLUDED IN THIS PUBLIC REPORT IS APPLICABLE AS OF THE DATE OF ISSUANCE. EXPENSES OF OPERATION ARE DIFFICULT TO PREDICT ACCURATELY AND EVEN IF ACCURATELY ESTIMATED INITIALLY, MOST EXPENSES INCREASE WITH THE AGE OF FACILITIES AND WITH INCREASES IN THE COST OF LIVING. -2- of 6 pages FILE N0. 38102 Monthly assessments will commence on lots 1 through 61 during the month following the closing of the first sale of a lot. From that time, the subdivider is required to pay the association a monthly assessment for each lot which he owns. The remedies available to the association against owners who are delinquent in the payment'of assessments are set forth in the CCsR's, These remedies are available against the subdivider as well as against other owners. The subdivider has posted a bond as partial security for his obligation to pay these assessments. The governing body of the association should assure itself that the subdivider has satisfied his obligations to the association with respect to the payment of assessments before agreeing to a release or exoneration of the security. According to the subdivider, the Community Cablevision Company has elected to provide six months free cable television service to every homeowner from date -of close of escrow. Unless the Homeowners Association subsequently votes on the question of whether or not mandatory cable T.V. is desired, it will be the responsibility of each individual owner wanting this service to contract for and pay for the cable T-V. use. if the Association decides to negotiate a contract and pay for this service, your monthly assessment would probably be increased. TITLE: Title, among other things, to be subject to: "Reserving unto Grantor, its sucessor and assigns, the right to emplace on, under and across said lot transmission lines and other facilities for a community antenna television system and thereafter to own said lines and facilities and the right to enter upon said lot to'service, maintain, repair, reconstruct and replace said lines and facilities, together with.the right to grant easements and transfer the same; provided, however, that the exercise of such rights does not unreasonably interfere with grantee's reasonable use and enjoyment of said lot." EASEMENTS: Easements for utilities, slope control, emergency and public security, other purposes are shown on the title report and the subdivision map recorded in the Office of the Orange County Recorder, Book 378, Pages 32-37 of Miscellaneous Maps. AIRSPACE EASEMENT: Broadmoor Sea View is subject to a perpetual easement over a portion of it, reserved in that certain Corporation Grant Deed from Pacific View Memorial Park, a California corporation, to the Irvine Company, a West Virginia corporation, recorded August If, 1971 in Book 9756, Page'527 of the Official Records of Orange County, Calif- ornia, which easement is for, among other things, light and air above and an unobstructed view over, Broadmoor Sea View lying above a level plane that is at an elevation of 430 feet above mean sea level. USES AND ZONING: Broadmoor-Seaview underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters flying over the area. RESTRICTIONS: This subdivision is subject to restrictions recorded in the Office of the Orange County Recorder, Book 11887, Page 301 which include, among other provisions, the following: Non-payment of assessments to owner's association may result in a lien and possible fore- closure against your property. The Association has the right to establish and enforce reasonable rules and regulations pertaining to the use and enjoyment of the Common Araa and the facilities thereon, and to charge reasonable admission and other fees for the use of any facility in the Common Area. -3- of 6 pages FILE NO. 38102 Nolence, wall, building, or other structure on exterior addition to or alteration (including painting) shall be constructed or altered until plans have been approved in writing by an Architectural Committee, initially to be appointed by the Developer. No outside television or radio antennae shall be erected until it shall have been ap- proved by the Committee. Dogs, cats, birds, and fish may be kept as pets. All dogs permitted to be kept shall be kept on a leash within Broadmoor Sea View when not within an enclosed area of a Lot. Each owner shall maintain all portions of any retaining wall within the Landscaped Slope Control Areas on his Lot not maintained by the Association. TAX ESTIMATES: If the subdivider is unable to give you the current tax information, you may approximate your taxes as follows: TAKE 25% OF THE SALES PRICE, DIVIDE BY 100, AND THEN MULTIPLY BY THE TOTAL TAX RATE. THE TAX RATE FOR THE 1975-76 FISCAL -YEAR -IS $8.8214. THE TAX RATE AND ASSESSED VALUATION MAY CHANGE IN SUBSEQUENT YEARS. FOR EXAMPLE, ANY BONDED DEBT OR SPECIAL DISTRICT ASSESSMENT APPROVED AFTER THE ABOVE TAX RATE HAD BEEN SET COULD INCREASE THE FUTURE RATE. CONDITIONS OF SALE: If your purchase involves financing, a form of deed of trust and note will be used. These documents contain the -following provisions: A variable interest rate. This means that during the term of the loan the rate of interest may be increased or decreased periodically in accord with the provisions of the loan docu- ments, An acceleration clause. This means that if you sell the property, or use it as a security for another loan, the lender may declare the entire unpaid balance immediately due and payable. Section 2924.6 of the Civil Code of the State of California provides that a lender may not be able to accelerate the loan due to use of the property as a security for another loan. A late charge. This means that if you are late in making you monthly payment you may have to pay an additional amount as a penalty. The amount listed in the installment note may exceed the limitations imposed in applicable laws pertaining to late charges and to the extent they exceed legal limitations they may not be enforceable. A prepayment penalty. This means that if you wish to pay off your loan in whole or in part before it is due, you may be required -to pay an additional amount as a penalty in accordance with the terms of the loan. A balloon payment. This means that if your monthly payments are not large enough to pay off the loan with interest during the period for which the loan is written and that at the end of this period, you must pay the entire remaining balance in one payment. If the remaining balance is a sizeable one, you may be concerned with the possible difficulty in refinancing the balance. BEFORE SIGNING, YOU SHOULD READ AND THOROUGHLY UNDERSTAND ALL LOAN DOCUMENTS. PURCHASE MONEY HANDLING: The subdivider must impound all funds received from you in -4- of 6 pages FILE NO. 38102 C�1 • n escrow depository until legal title is delivered to you except for such amount as the subdivider has covered by furnishing a bond to the State of California. (Refer Sections 11013, 11013.2(a), 11013.2(c) Business and Professions Code.) If the escrow has not closed on your lot within one year of the date of your deposit -receipt, you may request return of your daposit. GEOLOGIC CONDITIONS: THE UNIFORM BUILDING CODE, CHAPTER 70, PROVIDES FOR LOCAL BUILDING OFFICIALS TO EXERCISE PREVENTIVE MEASURES DURING GRADING TO.ELIMINATE OR MINIMIZE DAMAGE FROM GEOLOGIC HAZARDS SUCH AS LANDSLIDES, FAULT MOVEMENTS, EARTHQUAKE SHAKING, RAPID EROSION OR SUBSIDENCE. THIS SUBDIVISION IS LOCATED IN AN AREA WHERE SOME OF THESE HAZARDS MAY EXIST. SOME CALIFORNIA COUNTIES AND CITIES HAVE ADOPTED ORDINANCES THAT MAY OR MAY NOT BE AS EFFECTIVE IN THE CONTROL OF GRADING AND SITE PREPARATION. The closest potentially active fault is the Newport -Inglewood Fault zone, located ap- proximately 3 miles to the south. The epicenter for the 1933 Long Beach Earthquake, with a magnitude of 6.5, was located about 7 miles southwest of this project. Other faults which could probably influence the site are the Whittier -Elsinore Fault (located approximately 2S0 miles to the northeast), the SanGabrielFault (located 40 miles to the sume Aatnduringethen5o'nyears liv str'uctture wllla�e°usubjeete�stooanheartRquha)keotfmagnitud 1e6.0. PURCHASERS SHOULD DISCUSS WITH THE DEVELOPER, THE DEVELOPER'S ENGINEER, THE ENGINEERING GEOLOGIST, AND THE LOCAL BUILDING OFFICIALS TO DETERMINE IF THE ABOVE -MENTIONED HAZARDS HAVE BEEN CONSIDERED AND IF THERE HAS BEEN ADEQUATE COMPLIANCE WITH CHAPTER 70 OR AN EQUIVALENT OR MORE STRINGENT GRADING ORDINANCE DURING*THE CONSTRUCTION OF THIS SUBDIVISION. FILLED GROUND: Some lots contain filled ground varying to a maximum depth of 44 feet. These soils are to be, properly compacted for the intended use under the supervision of a state -licensed engineer. SOIL CONDITIONS: An engineering report has been filed which indicates soil is expansive, and included in the report are certain structural recommendations, Subdivider has certi- fied that he will comply with the recommendations of .the engineer, that the purchasers' funds will be impounded in escrow, and that no escrows will close until recommendations have been completed. FLOOD AND DRAINAGE: According to the City Engineer.of the City of Newport Beach, "... this tract is subject to infrequent sheet overflow." STREETS AND ROADS: Private streets inside the project will be maintained by the home- owner association. PUBLIC TRANStOPTATION: Regularly scheduled bus service is 12 miles from the subdivision at Mac Arthur Boulevard and San Joaguin Hills Road. SCHOOLS: The Newport -Mesa Unified School District has furnished information of the near- est schools, distagces to the most remote lot, availability of school bus transportation, and bus charges, as indicated: SCHOOLS Harbor View Elementary 900 Goldenrod Avenue Lincoln Middle School 3101 Pacific View Drive DISTANCE MILES 1.8 miles 0,-4 mile BUS AVAILABLE CHARGES Yes None No ---- -5- of 6 pages FILE NO, 38102 DISTANCE BUS -,� SCHOOL MILE AVAILABLE CHARGES Corona del Mar High 2.0 miles Yes None 2101 East Bluff Drive NOTE: This school information was provided by the school district prior to issuance of the public report. Purchasers may contact the local school district office for any changes in school assignments, facilities, and bus service. For further information i'n regard to this subdivision you may call (213) 620-2700, or examine the documents•at the Department of Real Estate, 107 South Broadway, Los Angeles, California 90012. WPW/11 -6- and last FILE N0, 38102 0 Date Tune 7 1976 Mr. William B. Bruns First American Title Insurance 0o-_-_ .__.. k21 N. Main Street P.O. Box 267 Santa Ana, CA 92702 Attached is the Final Map for Tract No. 4960 For transmittal to the Orange County Board of'Supervisors after your approval and recordation. Doris City Clerk DG:swk Att. cc: Board of Supervisors Planning Department Public Works Department DewWPian `r ,UNp\v "SPPCN' t � N�p CPL1F• COUNCILMEN CITY OF NEWPORT BEACH MINUTES C A�'\ ROLL CALL � aa0 March 22, 1976 INDEX 2. A report was presented from the Community Development Hillside Department regarding Hillside Development Standards. Dev Sue Ficker addressed the Council and commended the staff on the proposed standards presented. Council Policy K-7, "•Hillside Development Standards," Motion aw., was adopted; and this Council Policy, along with the Ayes x x x San Clemente ordinance covering hillside development Absent x 2 standards, was referred to the Environmental Quality Control Citizens Advisory Committee for a report back at their convenience. 3. A r ort was presented from the Parks, Beaches and Ensign Recre ion Commission regarding the Master Plan for View Ensign ew Park. Park The recommen tion of the Parks, Beaches and Recrea- Motion x tion Commission o proceed with the development of a Ayes x x portion of Ensign Kiew Park for dedication as a Noes x Bicentennial Park wft ceremonies to take place some Absent x time in July was approv d. CURRENT BUSINESS: 1. A report was presented from the ublic Works Depart- Tract 7989 ment regarding the improvements in ract No. 7989. Resolution No. 8723, authorizing the ex cution of an R-8723 Amendment to the Subdivision Agreement bet een the City and Leadership Housing Systems, Inc. in connec- tion with the acceptance of improvements in Tr t No. Motion x 7989 (Balboa Boulevard and 19th Street), was ado ed; Ayes K x x x the public improvements constructed to date with Absent x Tract No. 7989 were accepted; and the City Clerk was authorized to accept Riders for the Faithful Per- formance Bond and Labor and Materials Bond decreasing the effective amount of each bond from $235,000 to $85,000. 2. A report was presented from the Community Development Tract 9260 Department regarding the Final Map of Tract No. 9260 and (Phase i - Broadmoor-Pacific View) and the Final Map Tract 9261 of Tract _No. 9261 (Phase If-: BroadmoorrPacific View), requests of Broadmoor Homes, Into., Tustin, to subdivide 21.717 acres into 69 lots for single-family residential development and one lot for recreational purposes, and to subdivide 13.593 acres into 49 lots for single-family residential development and three lots for landscape purposes; property located on the southeasterly side of New MacArthur Boulevard, ad- jacent to the Big Canyon Reservoir in Harbor View Hills; zoned P-C. Rob Carley of Raub, Bein, Frost & Associates; repre- senting the developer, addressed the Council and stated that they were in agreement with the conditions imposed. Volume 30 - Page 61 0 0 COUNCILMEN CITY OF NEWPORT BEACH MINUTES ROLL CALL QAo Z Yr S * AaN March 22, 1976 INDEX The Final Maps of Tract Nos. 9260 and 9261 were Motion x approve , Su ec o he- conH'�t'io'n�i�ove'd-atid Ayes x x x x incorporating by reference the indings made by the Absent Planning Commission; the reference to lot "A" in Condition No. 2 was amended to read "Lots 'A', 'B' and 'C' of Tract 9260"; and the following resolutions were adopted: Resolution No. 8724 authorizing the execution of R-8724 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements in Tract No. 9260. Resolution No. 8725 authorizing the execution of R-8725 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements pertaining to New MacArthur Boulevard. Resolution No. 8726 authorizing the execution of R-8726 a Subdivision Agreement between the City and Broadmoor Homes, Inc. in connection with the construction of improvements pertaining to Tract No. 9261. 3. A report was presented from the Community Development Tract 8917 Department regarding the Final Map of Tract No. 8917, a request of The Irvine Company, Newport Beach, to approve the final map establishing one lot where two lots and a portion of a third now exist to permit the conversion of a thirty-four unit apartment building into a thirty-four unit residential condominium development; located at 1201-1325 Bayside Drive, n the southwesterly side of Bayside Drive, east y of the Balboa Island Bridge (Mai -Kai Apartment ; zoned R-3. A report was presented from the Publ Works Director. Bill Frost of Raub, Bein, Frost Associates addressed the Council and stated that h was present to answer any questions. Motion x The Final Map of Tract o. 8917 was approved, subject Ayes I x x x x to the conditions " sed and incorporating by Absent x reference the fin 'ngs made by the Planning Commis- sion; and the f lowing resolutions were adopted: Resol on No. 8727 authorizing the execution of R-8727 an reement between the City and The Irvine C Mpany in connection with the conversion of the i-Kai Apartments to condominiums (Tract No. 8917) . Resolution No. 8728 authorizing the execution of R-8728 a Quitclaim Deed for an existing 4-foot wide storm drain easement in connection with the conversion of the Mai -Kai Apartments to condo- miniums. 4. A report was presented from the Public Works Director Curb Cut/ regarding the application of Don Peterson for a curb 227 Sapphire cut on Balboa Avenue, Balboa Island to serve 227 Sapphire Avenue. Volume 30 - Page 62 RESOLUTION NO. R 72 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBDIVISION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND BROADMOOR HOMES, INC. IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS IN TRACT NO. 9260 WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Subdivision Agreement between the City of Newport Beach and Broadmoor Homes, Inc. in connection with the construction of improvements in Tract No. 9260; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said subdivision agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of March , 1976. Mayor ATTEST: City Clerk DDO/bc 3/18/76 pp pf'��r�\• {R EVE.1 /� 1]7�A Ni C 14i vt:.i I 1 J� v �-c..:/1 IJI� RESOLUTION NO. 8 72 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUBDIVISION AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND BROADMOOR HOMES, INC. IN CONNECTION WITH THE CONSTRUCTION OF IMPROVEMENTS PERTAINING TO NEW MACARTHUR BOULEVARD WHEREAS, there has been presented to the City Council of the City of Newport Beach a certain Subdivision Agreement between the City of Newport Beach and Broadmoor Homes, Inc. in connection with the construction of improvements pertaining to New MacArthur Boulevard; and WHEREAS, the City Council has considered the terms and conditions of said agreement and found them to be fair and equitable, and in the best interests of the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach that said subdivision agreement above described is approved, and the Mayor and City Clerk are hereby authorized and directed to execute the same on behalf of the City of Newport Beach. ADOPTED this 22nd day of March , 1976. Mayor ATTEST: City Clerk DDO/bc 3/19/76 w City Council Meeting March 22, 1976 Agenda Item No. G-2 CITY OF NEWPORT BEACH March 17, 1976 TO: City Council FROM: Department of Community Development SUBJECT: Final Map Tract No. 9260 Request the approval of a Final Map to subdivide 21.717 acres into 69 lots for single-family resi- dential development and one lot for recreational purposes. LOCATION: Portion of Blocks 92 and 97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase I - Broadmoor-Pacific View) AND SUBJECT: Final Map Tract No. 9261 Request the approval of a Final Map to subdivide 13.583 acres into 49 lots for single-family resi- dential development and three lots for landscape purposes. LOCATION: Portion of Blocks 92 and 97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase II - Broadmoor-Pacific View) ZONE: P-C APPLICANT: Broadmoor Homes, Inc., Tustin OWNER: Pacific View Memorial Park, Newport Beach ENGINEER: Raub, Bein, Frost and Associates, Newport Beach Application These applications request approval of Final Map Tracts 9260 and 9261 which are the first two phases of Tentative Map Tract 9047, Broadmoor Homes' Pacific View project. Suggested Action If desired, (a) approve Final Map Tract 9260 and Final Map Tract 9261 with the findings and conditions as recommended by the Planning Com- mission, amending reference to Lot "A" in Condition No. 2 to read "Lots 'A', 'B', and 'C' of Tract 9260"(see discussion below); and (b) adopt Resolutions No. and authorizing agree- ments with Broadmoor Homes, Inc. for construction of improvements in Tracts No. 9260 and 9261. Planning Commission Recommendation On March 4, 1976, the Planning Commission recommended approval of these final maps with the following findings and conditions: TO: City Council - 2. Final Map of Tract 9260 Finding: 1. The Final Map of Tract 9260 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be _ completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the five foot sidewalks be incorporated into and added to the, private street right-of- way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. Final Maa of Tract 9261 Finding: 1. The Final Map of Tract 9261 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tenta- tive Map Tract 9047. 5. That the five foot sidewalks be incorporated into and added to the private street right- of-way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. In addition, the Planning Commission approved the street names which are shown on the Final Maps. A street name map is attached. Analysis The Final Maps, as submitted to the Planning Commission, were in sub- stantial conformance with the approved tentative maps with the follow- ing exceptions: TO: City Council - 3. A. There had been a number of changes made in the location of certain lot lines. However, these were minor and the overall configuration,of the lots was in substantial conformance with the tentative map. B. The five foot sidewalks were shown as easements adjacent to the private streets. Condition No. 18 of the tentative map specifically required that these sidewalks be included in and added to the private street right-of-way. C. The utility easements shown generally on the slope side of the private streets had been shown as three foot easements on the tentative map. These easements were shown as two foot easements. Because of B and C above, the Planning Commission recommended that Conditions 4 and 5 be added to the Final Map. The applicant has complied with these conditions, and the Final Maps submitted to the City Council have been corrected. Loop -Street The loop street had been identified as Lot A on the tentative map and had been shown as Lot A on Final Map 9260 as approved by the Planning Commission. The applicant now wishes to divide the loop street into three lots (Lots A, B, and C) to correspond with the various final maps. The staff has no problem with this. However, in order to insure that the entire loop street is constructed with the first phase, the staff recommends that the reference to "Lot A" in Condition No. 2 be changed to "Lots A, B. and C of Tract 9260." Conditions of Approval on Tentative Map The approved conditions for Tentative Map Tract 9047 are contained in the Planning Commission staff report which is attached. Respectfully submitted, DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, Director By r ' (l ,Ce lit 17. WILLIAM R. FOLEY �-- Environmental Coordinator WRF/kk Attachments for Council Only: Final Map Tract 9260 Final Map Tract 9261 Planning Commission Staff Report dated February 27, 1976 Street Name Map Planning Commission Meeting 'March 4, 1976 CITY OF NEWPORT BEACH February 27, 1976 Item No. 1 and 2 TO: Planning Commission FROM: Department of Community Development SUBJECT: Final Map Tract No. 9260 (Discussion) Request the approval of a Final Map to subdivide 21.717 acres into 69 lots for single family residential development and one lot for recreational purposes. LOCATION: Portion of Blocks 92 and 97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase I - Broadmoor-Pacific View) AND SUBJECT: Final Map Tract No. 9261 (Discussion) Request the approval of a Final Map to subdivide 13.583 acres into 49 lots for single family residential development and 3 lots for landscape purposes. LOCATION: Portion of Blocks 92 and.97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase II - Broadmoor-Pacific View) ZONE: P-C APPLICANT: Broadmoor Homes, Inc., Tustin OWNER: Pacific View Memorial Park, Newport Beach ENGINEER: Raub, Bein, Frost and Associates, Newport Beach Application These applications request approval of Final Map Tracts 9260 and 9261 which are the first two phases of Tentative Map Tract 9047, Broadmoor Homes' Pacific View project. Environmental Significance An Environmental Impact Report was prepared for Tentative Map Tract 9047. These final maps are in substantial conformance with the tentative map and therefore no additional environmental documents have been prepared. Conformance with the General Plan The Planning tentative map General Plan. Background The Planning 49 1975, and 1976. Commission and the City Council, in approving the found that this project is in conformance with the Commission approved Tentative Map Tract 9047 on December the City Council approved the Tentative Map on January 12, Item No. 1 and 2 i r TO: Planning Commission - 2. The City Council, in approving the Tentative Map, concurred with the findings and conditions as 'recommended by the Planning Commission with the following exceptions: 1. The City Council deleted Condition No. 8 (f) "That public access shall be retained to the streets within the development." 2. The City Council added Condition No. 35 That all purchasers shall be notified via the public report prepared by the State Department of Real Estate and via the C. C. & R.s that this subdivision underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters over -flying the area. This condition will be waived if the route is permanently relocated and the impacts are eliminated." Therefore the final findings and conditions for Tentative Map Tract 9047 as approved by the City Council were as follows: Findings• 1. That the proposed map and development including the proposed grading shown thereon is consistent with applicable general and specific plans and the Planned Community Text. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of develop- ment proposed in the tentative map. 4. That the site is physically suitable for the proposed density of development as set forth in the Planned Community Text. 5. That the design of the subdivision or the proposed improve- ments are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improve- ments will not conflict with any easements, acquired by.the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing require- ments prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (Commencing with Section 1300) of the Water Code. Conditions: 1. That all public improvements be constructed as required by ordinance and the Public Works Department. 2. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 3. That the water capital improvement acreage fee be paid. 4. That all vehicular access rights to New MacArthur Boulevard, except at the two private street intersections, shall be dedicated to the City of Newport Beach. 5. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. Item No. 1 and 2 TO: Planning Commission - 3. 6. That the Subdivision Ordinance requirement for maximum street grade of 7% be waived; with 'steeper grades al'lpwed, subject to approval by the Public Works Department, where made necessary for topographical reasons. 7. That the subdivision Ordinance requirements for local street widths of sixty feet of right-of-way and forty feet of paved surface be waived, and that street widths be approved as shown on the tentative map, except for the following: a. Lots C, K, and N be increased from 32' to 36' in width; b. Lot L be increased from 32' to 36' in width on the portion with double frontage. 8. That the following special conditions of approval be applied to the private streets: a. The geometric and structural design shall be approved by the Public Works Department and shall be in conformance with the City's Private Street Policy. b. Circular planters proposed for cul-de-sac locations shall conform to Drawing No. STD-130-L. c. Construction shall be inspected by the Public Works Department and the standard plan check and inspection fees shall be paid. d. The California Vehicle Code shall be enforced on the private street system. e. That a right of access be granted to the City over the private streets for such purposes as police and fire protection, trash collection and utility maintenance. 9. That the subdivider be responsible for the design and construction of the unimporved half width of New MacArthur Boulevard between the existing transitions which are located approximately 650 feet southwesterly and 700 feet northeast- erly of this tract. A reimbursement agreement between the subdivider and the City of Newport Beach shall be provided to cover the New MacArthur Boulevard improvements south- westerly of the tract which are adjacent to the City -owned Big Canyon Reservoir property. A similar reimbursement agreement between the subdivider and the Metropolitan Water District of Southern California, subject to Metropolitan's concurrence, may be provided to cover the New MacArthur Boulevard improvements northeasterly of the tract which are adjacent to the MWD-owned reservoir property; however, the subdivider has the responsibility for negotiating such a reimbursement agreement. The subdivider shall, be responsible for sidewalks on the easterly side of New MacArthur Boulevard adjacent to the MWD reservoir. 10. That the improvement responsibility established for this project be considered as complete in itself; and thus no credits be separately allowed under the City's Capital Improvement Policy. 11. That easements to be dedicated to the City of Newport Beach have a minimum width of ten feet, with wider easements pro- vided where shown on the tentative map and where required by the Public Works Department. 12. That the subdivider be responsible for acquiring the necessary off -site easements in conjunction with the alternate methods of providing Pressure Zone TV water service to the tract. Such easements must have a minimum width of ten feet, with greater width provided where more than one underground utility is to be located within the same easement. All private improvements shall be cleared from the surface of such Item No. 1 and 2 TO: Planning Commission - 4. easements and appropriate walls or fences approved by the Public Works Department shall be constructed on the sidelines of such easements. 13. That the grading plans take into consideration the existing piezometer locations installed in connection with the Big Canyon Ground Water Study affecting the southwesterly portion of this tract, and that adequate provisions be made for exist- ing and future ground water accumulations in this area of the tract. 14. That the graded slopes at all intersections be designed to provide a minimum sight distance for speed of 25 mph. Landscaping, walls, and other physical obstructions shall be considered in the sight distance requirements. 15. That the portion of Lot A between New MacArthur Boulevard and Lot B be designed to provide two inbound and two outbound vehicular traffic lanes. 16. That the portion of Lot A between New MacArthur Boulevard and Lot T have a minimum paved width of 40 feet. 17. That any proposed guard houses, gates, or other access controls to the tract from New MacArthur Boulevard be subject to review and approval by the Public Works Department. 18. That the five-foot wide pedestrian sidewalks along the private streets be located adjacent to the residential houses rather than adjacent to the landscaped slopes and be included in and added to the private street right-of-way. 19. That the five-foot wide pedestrian sidewalk be constructed on both sides of the private streets designated as Lots A, B, C, I, K, L (double frontage portion), M(northeasterly of N), and N. 20. That all garages taking front access be located three feet from the back of sidewalk or a minimum of twenty feet from the back of sidewalk. 21. That the manner of providing water service for Pressure Zone IV be subject to further review and approval by the Public Works Department. 22. That the subdivider be responsible for replacing any existing downstream sewer lines to provide the additional capacity necessary to serve this tract. The basis for replacement is contained in the study prepared by the Consulting Civil Engineering firm of Simpson-Steppat dated March 28, 1975. 23. That grading shall be conducted in accordance with plans prepared by a civil engineer and based on the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Grading plans, soil and engineering geologic reports and grading activities shall be prepared and conducted in accordance with the requirements of the Grading Code and to the ,satisfaction of the Building Official. Permanent reproducible copies of the "Approved As Built" grading plans on standard size sheets shall be furnished to the Department of Community Development. The developer shall either acquire appropriate easements and maintenance agree- ments satisfactory to the City or acquire title to the property. 24. That groundwater studies of the property be conducted by the site soil engineer and engineering geologist to preclude adverse effects to the proposed development and to adjacent properties as of, the1groundawater lasoa result f an rofsthe ndevelopmen, or chane in levels t of this site. Item No. 1 and 2 s • 0 TO: Planning Commission - 5. 25. That the grading plan shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants and shall be approved by the Water Quality Control Board, Santa Ana Region. Special attention shall be given to avoid increased siltation from the site into the Harbor View Nature Park and no fill shall be placed in the natural canyon area. 26. That the developer install landscaping in the traffic median in New MacArthur in accordance with City specifications. 27. That landscape plans be reviewed and approved by the Director of Parks, Beaches and Recreation. 28. That fire hydrant locations and water supply shall be approved by the Public Works and Fire Departments. 29. That Fire Department equipment access shall be approved by the Fire Department. 30. That building addressing shall conform to Section 13.12.020 of the Municipal Code. 31. That further archaeological and paleontological exploration be done in accordance with City Policy. 32. That landscaping of slopes be accomplished as soon as appro- priate after grading is complete. 33. That consideration be given to the establishment of volleyball and basketball courts.in the recreation area. 34. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility facilities, open areas between dwelling groups, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. 35. That all purchasers shall be notified via the public report prepared by the State Department of Real Estate and via the C.C.& R.s that this subdivision underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters over -flying the area. This condition will be waived if the route is permanently relocated and the impacts are eliminated. Analysis 1. Conformance with the approved Tentative Map. The two final maps have been reviewed and are in conformance with the tentative map with the following exceptions: A. There have been a number'of changes made in the location of certain lot lines. However, these are minor and the overall configuration of the lots is in substantial conformance with the tentative map. B. The 5 foot sidewalks are shown as easements adjacent to the private streets. Condition No. 18 of the tentative map specifically required that these sidewalks be included in and added to the private street right-of-way. C. The utility easements shown generally on the slope side of the private streets had been shown as 3 foot easements on the tentative map. These easements are now shown as 2 foot easements on the final map. Item No. 1 and 2 TO: 2. Planning Commission - 6. The staff is of the opinion that the final map must be corrected so that the sidewalks and the easements are in conformance with the Tentative Map. If these changes are not made, it will be necessary to revise the tentative map and hold new hearings before the Planning Commission and the City Council. Public Improvements and Private Streets. The staff is of the opinion that all of the public improvements of approval of the tentative map should be with the first phase of this development. believes that the entire loop street should of the first phase. These improvements are adequate access and circulation. required as conditions completed in conjunction Furthermore, staff be completed as part necessary to ensure 3. Street Names. The applicant has submitted a map showing proposed street names. The staff has reviewed these names and finds no conflict with any existing street names. A copy of this map is attached. Conclusion and Recommendation The staff has reviewed the Final Maps of Tract 9260 and 9261 and is of the opinion that they can be made to substantially conform with the tentative map with the addition of the conditions noted below. Therefore, the staff recommends the approval of the Final Maps of Tract 9260 and 9261, subject to the following finding and conditions: Final Map of Tract 9260 Finding: 1. The Final Map of Tract 9260 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as,shown on Tentative Map Tract 9047. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of-way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. Final Map of Tract 9261 Finding: 1. The Final Map of Tract 9261 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047. Item No. 1 and 2 TO: Planning Commission - 7. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of-way as delineated by the lettered lots for private streets a§ required by Condition No. 18 of Tentative Map Tract 9047. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By W)j 2. �r" William R. FoleyrJ Environmental Coordinator WRF/sh Attachments: Street Name Map Final Maps Item No. 1 and 2 STREET NAME APPROVAL SKETCH FOR TRACT 9047 CITY OF NEWPORT BEACH, COUNTY OF ORANGE ATE OF CALIFORNIA r (r � \ n. ��, 9aabcBeirb'Frbst `' ssociatcs C§ •o0fba SION^.O IEOY.NO'MEU, ..NEE.. AfE�NNf�' q r.[n •Iww�rnE.n c�Wo+N.. .. e - '. STREET NAME APPROVAL SKETCH FOR TRACT 9047 Cll'Y OF N1W?0RT BEACH, COUNTY OF ORANGE SPATE OF CALIFORNIA I .�: � `lZ3ub,�8eiq,`FfOst�r�!` ssociates . . r. . r:m.emmrvet [ervi.nrrvwra'N+.n[trvs a ru••.t" wl\}—.�i .a. .umum ev.n n.ay. a.a•u...e.�.....o COMMISSIONERS O CITY OF N EWPORT llACH rT aeA &a Regular Planning Commtssion Meeting Place: City Council Chambers p p i N Time: 7:00 P.M. Date: March 4, 1976 MINUTES INDEX RV LL LL Present * X X X X X *Arrived at 7:15 P.M. Absent X EX-OFFICIO MEMBERS R. V. Hogan, Community Development Director h Coffin, Assistant City Attorney Ben' min B. Nolan, City Engineer STAFF ME ERS James D. Hewic r, Assistant Director - Planning William R. Foley, nvironmental Coordinator Shirley Harbeck, Se etary * * * * * * * Motion X Minutes of the Regular Meeting f February 12, Ayes X X X X 1976, were approved as written. mmissioner Abstain X Beckley abstained as he was absent om the Absent X X meeting. * * * * * * * * Motion X Minutes of the Regular Meeting of February 19, Ayes X X X X X 1976, were approved as written. Absent X X Items No. 1 and No. 2 were heard concurrently because of their relationship, however, separate actions were taken on each item. * * * Item #1 Request the approval of a Final Map to subdivide FINAL MAP TRACT NO. 21.717 acres into 69 lots for single family resi- 9260 dential development and one lot for recreational purposes. APPROVED Location: Portion of Blocks 92 and 97, CONDI- Irvine's Subdivision, located on TIONALLY the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase I - Broadmoor- Pacific View) Zone: P-C Page 1. COMMISSIONERS CITY OF NEWPORT IWACH ROLL CALL MINUTES March 4, 1976 INMA Applicant: Broadmoor Homes, Inc., Tustin Owner: Pacific View Memorial Park, Newport Beach Engineer: Raub, Bein, Frost and Associates, Newport Beach Item #2 Request the approval of a Final Map to subdivide FINAL MAP TRACT NO. 13.583 acres into 49 lots for single family resi- 9261 dential development and 3 lots for landscape purposes. APPROVED Location: Portion of Blocks 92 and 97, ONDI- Irvine's Subdivision, located on TIONALLY the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills, (Phase II - Broadmoor- Pacific View) Zone: P-C Applicant: Broadmoor Homes, Inc., Tustin Owner: Pacific View Memorial Park, Newport Beach Engineer: Raub, Bein, Frost and Associates, Newport Beach Staff distributed a new list of street names which had been submitted for consideration. The names on the new list begin with "Yacht" whereas the previous list submitted began with "Calle." Robert Bein appeared before the Commission on behalf of Broadmoor Homes, Inc. He commented on their compliance with various conditions which were imposed on the tentative map and advised of their concurrence with the staff report and the recommended conditions in connection with the final tract maps. Commissioner Williams commented on streets with double names and the difficulties encountered by the residents, especially as to spelling, and Page 2. COMMISSIONERS GICITY OF NEWPORT &CH MINUTES p P Z N March 4, 1976 INDEX suggested that the applicant consider elimination of the word "Yacht" preceding each street name. Motion X Following discussion, motion was made that Planning Ayes X X X X X X Commission make the following finding: Absent X 1. The Final Map of Tract 9260 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. and recommend to the City Council that Final Map of Tract 9260 be approved, subject to the follow- ing conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tenta- tive Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of- way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. Motion X Motion was made that Planning Commission make the Ayes X X X X X X following finding: Absent X 1. The Final Map of Tract 9261 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. and recommend to the City Council that Final Map o Tract 9261 be approved, subject to the following conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. Page 3. COMMISSIONERS OF NEWPORT *4CH y�1 m m D m m a F Z 3 N ROLL CALL Q CITY March 4, 1976 MINUTES ' 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of-way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. Item #3 Request to create two parcels of land for residen- RESUB- tial development where three lots now exist. DIVISION N0. 508 Location: Lots 4, 5, and 6, Tract No. 673, located at 346 and 352 Poppy Avenue,APPROVED on the southeasterly side of Poppy CONDI- Avenue adjacent to the "Five Crowns"TIONALLY Restaurant in Corona del Mar. Zone: R-1 Applicant: orge R. Stephenson, Santa Ana Owner: Van- nk Investments, Inc., Los Ang es Engineer: Same as Appl' ant Community Development Director an advised that the reason for the resubdivision w to relocate a water line easement and allow for t possible remodeling of the Five Crowns Restauran on the adjacent property at some future time. Public hearing was opened in connection with t ' matter. Page 4. r • 0 Planning Commission Meeting March 4, 1976 CITY OF NEWPORT BEACH February 27, 1976 Item No. ' 1 'and 2 TO: Planning Commission FROM: Department of Community Development SUBJECT: Final Map Tract No. 9260 (Discussion) Request the approval of a Final Map to subdivide 21.717 acres into 69 lots for single family•residential development and one lot for recreational purposes. LOCATION: Portion of Blocks 92 and 97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase I - Broadmoor-Pacific View) AND SUBJECT: Final Map Tract No. 9261 (Discussion) Request the approval of a Final Map to subdivide 13.583 acres into 49 lots for single family residential development and 3 lots for landscape purposes. LOCATION: Portion of Blocks 92 and 97, Irvine's Subdivision, located on the southeasterly side of New MacArthur Boulevard, adjacent to the Big Canyon Reservoir, in Harbor View Hills. (Phase II'- Broadmoor-Pacific View) ZONE: P-C APPLICANT: Broadmoor Homes, Inc., Tustin OWNER: Pacific View Memorial Park, Newport Beach ENGINEER: Raub, Bein, Frost and Associates, Newport Beach Application These applications request approval of Final Map Tracts 9260 and 9261 which are the first two phases of Tentative Map Tract 9047, Broadmoor Homes' Pacific View project. Environmental Significance An Environmental Impact Report was prepared for Tentative Map Tract 9047. These final maps are in substantial conformance with the tentative map and therefore no additional environmental documents have been prepared. Conformance with the General Plan The Planning tentative map General Plan. Background The Planning 4, 1975, and 1976. Commission and the City Council, in approving the found that this project is in conformance with the Commission approved Tentative Map Tract 9047 on December the City Council approved the Tentative Map on January 12, Item No. 1 and 2 r TO: Planning Commission - 2. The City Council, in approving the Tentative Map, concurred with the findings and conditions as recommended by the Planning Commission with the following exceptions: 1. The City Council deleted Condition No. 8 (f), "That public access shall be retained to the streets within the development." 2. The City Council added Condition No. 35 "That all purchasers shall be notified via the public report prepared by the State Department of Real Estate and via the C. C. & R.s that this subdivision underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters over -flying the area. This condition will be waived if the route is permanently relocated and the impacts are eliminated." Therefore the final findings and conditions for Tentative Map Tract 9047 as approved by the City Council were as follows: Findings: 1. That the proposed map and development including the proposed grading shown thereon is consistent with applicable general and specific plans and the Planned Community Text. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of develop- ment proposed in the tentative map. 4. That the site is physically suitable for the proposed density of development as set forth in the Planned Community Text. 5. That the design of the subdivision or the proposed improve- ments are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision or the proposed improvements are not likely to cause serious public health problems. 7. That the design of the subdivision or the proposed improve- ments will not conflict with any easements, acquired by.the public at large, for access through or use of, property within the proposed subdivision. 8. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing require- ments prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (Commencing with Section 1300) of the Water Code. Conditions• 1. That all public improvements be constructed as required by ordinance and the Public Works Department. 2. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 3. That the water capital improvement acreage fee be paid. 4. That all vehicular access rights to New MacArthur Boulevard, except at the two private street intersections, shall be dedicated to the City of Newport Beach. 5'. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" - 100' are furnished to the Public Works Department. Item No. 1 and 2 i I • • TO: Planning Commission - 3: 6. That the Subdivision Ordinance requirement for maximum street grade of'7% be waived; with 'steeper grades allowed, subject to approval by the Public Works Department, where made necessary for topographical reasons. 7. That the subdivision Ordinance requirements for local street widths of sixty feet of right-of-way and forty feet of paved surface be waived, and that street widths be approved as shown on the tentative map, except for the following: a. Lots C, K, and N be increased from 32' to 36' in width; b. Lot L be increased from 32' to 36' in width on the portion with double frontage. 8. That the following special conditions of approval be applied to the private streets: a. The geometric and structural design shall be approved by the Public Works Department and shall be in conformance with the City's Private Street Policy. b. Circular planters proposed for cul-de-sac locations shall conform to Drawing No. STD-130-L. c. Construction shall be inspected by the Public Works Department and the standard plan check and inspection fees shall be paid. d. The California Vehicle Code shall be enforced on the private street system. e. That a right of access be granted to the City over the private streets for such purposes as police and fire protection, trash collection and utility maintenance. 9. That the subdivider be responsible for the design and construction of the unimporved half width of New MacArthur Boulevard between the existing transitions which are located approximately 650 feet southwesterly and 700 feet northeast- erly of this tract. A reimbursement agreement between the subdivider and the City of Newport Beach shall be provided to cover the New MacArthur Boulevard improvements south- westerly of the tract which are adjacent to the City -owned Big Canyon Reservoir property. A similar reimbursement agreement between the subdivider and the Metropolitan Water District of Southern California, subject to Metropolitan's concurrence, may be provided to cover the New MacArthur Boulevard improvements northeasterly of the tract which are adjacent to the MWD-owned reservoir property; however, the subdivider has the responsibility for negotiating such a reimbursement agreement. The subdivider shall be responsible for sidewalks on the easterly side of New MacArthur Boulevard adjacent to the MWD reservoir. 10. That the improvement responsibility established for this project be considered as complete in itself; and thus no credits be separately allowed under the City's Capital Improvement Policy. 11. That easements to be dedicated to the City of Newport Beach have a minimum width of ten feet, with wider easements pro- vided where shown on the tentative map and where required by the Public Works Department. 12. That the subdivider be responsible for acquiring the necessary off -site easements in conjunction with the alternate methods of providing Pressure Zone IV water service to the tract. Such easements must have a minimum width of ten feet, with greater width provided where more than one underground utility is to be located within the same easement. All private improvements shall be cleared from the surface of such Item No. 1 and 2 TO: Planning Commission - 4. easements and appropriate walls or fences approved by the Public Works Department shall be constructed on the sidelines of such easements. 13. That the grading plans take into consideration the existing piezometer locations installed in connection with the Big Canyon Ground Water Study affecting the southwesterly portion of this tract, and that adequate provisions be made for exist- ing and future ground water accumulations in this area of the tract. 14. That the graded slopes at all intersections be designed to provide a minimum sight distance for speed of 25 mph. Landscaping, walls, and other physical obstructions shall be considered in the sight distance requirements. 15. That the portion of Lot A between New MacArthur Boulevard and Lot B be designed to provide two inbound and two outbound vehicular traffic lanes. 16. That the portion of Lot A between New MacArthur Boulevard and Lot T have a minimum paved width of 40 feet. 17. That any proposed guard houses, gates, or other access controls to the tract from New MacArthur Boulevard be subject to review and approval by the Public Works Department.' 18. That the five-foot wide pedestrian sidewalks along the private streets be located adjacent to the residential houses rather than adjacent to the landscaped slopes and be included in and added to the private street right-of-way. 19. That the five-foot wide pedestrian sidewalk be constructed on both sides of the private streets designated as Lots A, B, C, I, K, L (double frontage portion), M(northeasterly of N), and N. 20. That all garages taking front access be located three feet from the back of sidewalk or a minimum of twenty feet from the back of sidewalk. 21. That the manner of providing water service for Pressure Zone IV be subject to further review and approval by the Public Works Department. 22. That the subdivider be responsible for replacing any existing downstream sewer lines to provide the additional capacity necessary to serve this tract. The basis for replacement is contained in the study prepared by the Consulting Civil Engineering firm of Simpson-Steppat dated March 28, 1975. 23. That grading shall be conducted in accordance with plans prepared by a civil engineer and based on the recommendations of a soil engineer and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Grading plans, soil and engineering geologic reports and grading activities shall be prepared and conducted in accordance with the requirements of the Grading Code and to the ,satisfaction of the Building Official. Permanent reproducible copies of the "Approved As Built" grading plans on standard size sheets shall be furnished to the Department of Community Development. The developer shall either acquire appropriate easements and maintenance agree- ments satisfactory to the City or acquire title to the property. 24. That groundwater studies of the property be conducted by the site soil engineer and engineering geologist to preclude adverse effects to the proposed development and to adjacent properties as a result of an increase in, or change in levels of, the'ground water as a result of the development of this site. Item No. 1 and 2 TO: Planning Commission - 5. 25. That the grading plan shall include a complete plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants and shall be approved by the Water Quality Control Board, Santa Ana Region. Special attention shall be given to avoid increased siltation from the site into the Harbor View Nature Park and no fill shall be placed in the natural canyon area. 26. That the developer install landscaping in the traffic median in New MacArthur in accordance with City specifications. 27. That landscape plans be reviewed and approved by the Director of,Parks, Beaches and Recreation. 28. That fire hydrant locations and water supply shall be approved by the Public Works and Fire Departments. 29. That Fire Department equipment access shall be approved by the Fire Department. 30. That building addressing shall conform to Section 13.12.020 of the Municipal Code. 31. That further archaeological and paleontological exploration be done in accordance with City Policy. 32. That landscaping of slopes be accomplished as soon as appro- priate after grading is complete. 33. That consideration be given to the establishment of volleyball and basketball courts.in the recreation area. 34. That there shall be submitted a declaration of covenants, conditions and restrictions setting forth an enforceable method of insuring the installation and continued maintenance of the landscaping, walls, fencing and all physical features such as buildings, fire hydrants, utility facilities, open areas between dwelling groups, parking areas, drainage facilities and recreation facilities acceptable to the Department of Community Development, and in respect to legal enforceability, the City Attorney. 35. That all purchasers shall be notified via the public report prepared by the State Department of Real Estate and via the C.C.& R.s that this subdivision underlies an approved helicopter route and homeowners may experience noise and vibrations from helicopters over -flying the area. This condition will be waived if the route is permanently relocated and the impacts are eliminated. Analysis 1. Conformance with the approved Tentative Map. The two final maps have been reviewed and are in conformance with the tentative map with the following exceptions: A. There have been a number of changes made in the location of certain lot lines. However, these are minor and the overall configuration of the lots is in substantial conformance with the tentative map. B. The 5 foot sidewalks are shown as easements adjacent to the private streets. Condition No. 18 of the tentative map specifically required that these sidewalks be included in and added to the private street right-of-way. C. The utility easements shown generally on the slope side of the private streets had been shown as 3 foot easements on the tentative map. These easements are now shown as 2 foot easements on the final map. Item No. 1 and 2 TO: Planning Commission - 6. The staff is of the opinion that the final map must be corrected so that the sidewalks and the easements are in conformance with the Tentative Map. If these changes are not made, it will be necessary to revise.the tentative map and hold new hearings before the Planning Commission and the City Council. 2. Public Improvements and Private Streets. The staff is of the opinion that all of the public improvements required as conditions of approval of the tentative map should be completed in conjunction with the first -phase of this development. Furthermore, staff believes that the entire loop street should be completed as part of the first phase. These improvements are necessary to ensure adequate access and circulation. 3. Street Names. The applicant has submitted a map showing proposed street names. The staff has reviewed these names and finds no conflict with any existing street names. A copy of this map is attached. Conclusion and Recommendation The staff has reviewed the Final Maps of Tract 9260 and 9261 and'is of the opinion that they can be made to substantially conform with the tentative map with the addition of the conditions noted below. Therefore, the staff recommends the approval of the Final Maps of Tract 9260 and 9261, subject to the following finding and conditions: Final Map of Tract 9260 Finding: 1. The Final Map of Tract 9260 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. 2. That the loop street (Lot "A") improvements be extended to connect to New MacArthur Boulevard at its northerly end as shown on Tentative Map Tract 9047. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That the utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of-way as delineated by the lettered lots for private streets as required by Condition No. 18 of Tentative Map Tract 9047. Final Map of Tract 9261 Finding: 1. The Final Map of Tract 9261 can be made to conform with Tentative Map of Tract 9047, subject to the conditions noted below. Conditions: 1. That all conditions of Tentative Map Tract 9047 be fulfilled. That the loop street extended to connect at its northerly end Tract 9047. (Lot "A") improvements be to New MacArthur Boulevard as shown on Tentative Map Item No. 1 and 2 TO: Planning Commission - 7. 3. That all of the improvements on New MacArthur Boulevard, as specified in the conditions of approval for Tentative Map Tract No. 9047, be completed. 4. That tKe utility easements shown as two feet wide adjacent to the private streets be made at least three feet wide as shown on Tentative Map Tract 9047. 5. That the 5 foot sidewalks be incorporated into and added to the private street right-of-way as delineated by the lettered lots for private streets a§ required by Condition No. 18 of Tentative Map Tract 9047. DEPARTMENT OF COMMUNITY DEVELOPMENT R. V. HOGAN, DIRECTOR By /.)r&&. lZ William R. FoleyvJ Environmental Coordinator WRF/sh Attachments: Street Name Map Final Maps Item No. 1 and 2 L :8 'CAI w ,gyp VISTA � 4 U CP�4E pEL FUEGO ..... '1`` STREET NAME APP�OVAL SKETCH FOR TRA T 9047 CITY OF NEb1'PORT BKACH, COUNTY OF ORANGE C ATE Q/F CALIFORNIA AV1 Z14 DE 4r✓? / r �.;.� i�aub,�Beirr,�F'rbst6t�%Issociarrs PROFICIRONAL ay.�RO'.. u'. o.�.uo- �.�w...a.. TO `l,�aub,`Beig,9Fiost 6&c,9ssociates PROFESSIONAL ENVIRONMENTAL ENGINEERS & PLANNERS LETTER OF TRANSMITTAL City of Newport Beach Department of Community Dev. 3300 Newport Blvd., N.B. DATE March 3, 1976 RBF JOB NO. 17576 DESCRIPTION Tentative Tract 9047 ATTN: Mr. Bill Fold Broadmoor Pacific View WE ARE FORWARDING: ❑ BY MAIL U BY MESSENGER ❑ BY BLUEPRINTER NO. OF COPIES E STATUS: ❑ PRELIMINARY ® REVISED ❑ APPROVED ❑ RELEASED DESCRIPTION Street Name Approval. Sketch - Tracts 9260 and 9261 SENT FOR YOUR: M APPROVAL ❑ SIGNATURE ❑ USE ❑ FILE PLEASE NOTE: L REVISIONS ❑ ADDITIONS ❑ OMISSIONS ❑ CORRECTIONS REMARKS Your distribution of this revised street name sketch for the March 4th Planning Commission Meeting will be greatly appreciated. Thank you for your assistance. RAUB, I3VA/FR06T & ASSOCIATES M. COPIES TO: Ken Alton - Broadmoor Homes Garland Clark - Raub, Bein,Frost Project Coordinator 1401 QUAIL STREET, NEWPORT BEACH, CALIFORNIA 92663 • (714) 833-0070 POOR QUALITY ORIGINAL (S) J STREET NAME APPROVAL SKETCH FOR TRACT 9047 CITY OF NEWPORT BEACH, COUNTY OF ORANGE 5'ATE OF CALIFORNIA �aub,�Be �'`Flbst ;associates PROFESSIONAL E VIRONMENTAE ENGINEERS A PLANNERS O [Oi fOw�MP1 GVNiLE)N[[f NMwx)F4Cx UUIO[xMNII) 4 0, s,. CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST L7ADVANCE PLANNING DIVISION ❑PUBLIC WORKS DEPARTMENT []TRAF IFIC ENGINEER RE DEPARTMENT []PLAN REVIEW DIVISION QPARKS & RECREATION ❑POLICE DEPARTMENT ❑ MARINE SAFETY D GENERAL SERVICES APPLICATION OF Broadmoor Homes FOR A QVARIANC Date February 23, 1916 nPLANS ATTACHED (PLEASE RETURN) QPLANS ON FILE ORDINANCE DIVISION []USE PERMIT IN ZONING AND ADMINISTRATION ❑RESUBDIVISION QTRACT MAP Final - 9260 _ ON A REQUEST TO subdivide 21.717 acres into 69 lots for single family _ residential development and one lot -for recreational purposes. ON LOT Portion of BLOCK 92 & 97 TRACT Irvine's Subdivision ADDRESS New MacArthur Boulevard Newport Beach, CA REPORT REQUESTED BY 2/25/76 COMMISSION REVIEW 3/4/76 COMMENTS 1, STREETS AND FIRE HYDRANTS SHALL BE AoPROVFn RV THE Et RE ncPAPTwrmx Awn Pn PI In WORKS DEPARTMENT. 2. FURNISH A LAND ELEVATION PLAN OF THE PROJECT, SICHATURF. DATE 1 4 CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST NO /I I [JADVANCE PLANNING DIVISION V,KBLIC WORKS DEPARTMENT []TRAFFIC ENGINEER []FIRE DEPARTMENT []PLAN REVIEW DIVISION []PARKS & RECREATION []POLICE DEPARTMENT []MARINE SAFETY [] GENERAL SERVICES APPLICATION OF Broadmoor Homes Date February 23, 1976 PLANS ATTACHED (PLEASE RETURN) QPLANS ON FILE ORDINANCE DIVISION FOR A []VARIANCE []USE PERMIT Q RESUBDIVISION IN ZONING AND ADMINISTRATION ]TRACT MAP Final - 9260 ON A REQUEST TO subdivide 21.717 acres into 69 lots for single family residential development and one lot for recreational purposes. ON LOT Portion of _BLOCK 92 &.97 TRACT Irvine's Subdivision ADDRESS New MacArthur Boulevard, Newport Beach, CA REPORT REQUESTED BY 2/25/76 COMMISSION REVIEW 3/4/76 COMMENTS Rr:CC)"M6ND6D 4rort,D17-1aC29 APP,9_0VAL_ Tl.ak all a4o ( �p �1 as d` �fa �r aJr �oarn✓o l .L' 4 w4 c 4 3. Pt/a; At_t. OF 7^4_1 /MO2ovANt +iS ON /tE&a AcAtcazur_1 ou_EVARD AS SG�u� t�9 N -rh r GON927-10u$ OF AAORDVAL_ FDA- 7EN7k-,-,yC /RRcr q04� BE- GompLk5,7Ei1, IMAr THt= U7-1t_17'1i &nEnriS 5HOW"I A-S 2- WIDL'' AbjACervT T© potIV47c 131 MJ-DC.Fr UFAs—, WlDa, SIGNATURE DATE r CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST n ADVANCE PLANNING DIVISION []PUBLIC WORKS DEPARTMENT aTfAFFIC ENGINEER I]FIRE DEPARTMENT []PLAN REVIEW DIVISION []PARKS & RECREATION ❑POLICE DEPARTMENT []MARINE SAFETY ❑GENERAL SERVICES APPLICATION OF Broadmoor Homes FOR A []VARIANCE ❑RESUBDIVISION Date February 23, 1976 UPLANS ATTACHED (PLEASE RETURN) [JPLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION []USE PERMIT _ QTRACT MAP , Final -. 9261 ON A REQUEST TO suHdividp 13.583 acres into 49 lots for ciogla family residential development and 3 lots for landscapepurposes- ON LOT Portion of BLOCK 92 & 97 TRACT Irvine's Subdivision ADDRESS REPORT REQUESTED BY 2/25/76 COMMISSION REVIEW 3/4/76 COMMENTS GNATURE DATE CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST U ADVANCE PLANNING DIVISION [IP,BLIC WORKS DEPARTMENT d-TIRAFFIC ENGINEER [FIRE DEPARTMENT []PLAN REVIEW DIVISION []PARKS & RECREATION ❑POLICE DEPARTMENT ❑ MARINE SAFETY []GENERAL SERVICES APPLICATION OF Broadmoor Homes FOR A []VARIANCE ❑RESUBDIVISION Date February 23, 1976 LIPLANS ATTACHED (PLEASE RETURN) []PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION []USE PERMIT ]TRACT MAP Final - 9260 ON A REQUEST TO subdivide 21.717 acres into 69 lots for single family residential development and one lot for recreational purposes. ON LOT Portion of BLOCK 92 & 97 TRACT Irvine's Subdivision ADDRESS New MacArthur Boulevard, Newport Beach CA REPORT REQUESTED BY 2/25/76 COMMISSION REVIEW 3/4/76 COMMENTS SIGNATURE DATE 0 • CITY OF NEWPORT BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT PLAN REVIEW REQUEST nADVANCE PLANNING DIVISION UBLIC WORKS DEPARTMENT (;/T3VAFFIC ENGINEER WIRE DEPARTMENT (]PLAN REVIEW DIVISION QPARKS & RECREATION (]POLICE DEPARTMENT []MARINE SAFETY (]GENERAL SERVICES APPLICATION OF Broadmoor Homes FOR A QVARIANCE ❑RESUBDIVISION Date February 23, 1976 [JPLANS ATTACHED (PLEASE RETURN) ❑PLANS ON FILE IN ZONING AND ORDINANCE ADMINISTRATION DIVISION []USE PERMIT (]TRACT MAP Final - 9260 ON A REQUEST TO subdivide 21.717 acres into 69 lots for single family residential development and one lot for recreational purposes. ON LOT Portion of BLOCK 92 & 97 TRACT Irvine's Subdivision ADDRESS New MacArthur Boulevard, Newport Beach, CA REPORT REQUESTED BY 2/25/76 COMMISSION REVIEW 3/4776 COMMENTS NATURE DATE ` I i STREET NAME APPROVAL SKETCH FOR TRACT 9047 CITY OF NEWPORT BEACH, COUNTY OF ORANGE SrATE OF CALIFORNIA 0 1 F, c %_2 �sub,GBeitr,°Flbst ` ssaciates OPO CSS:ONAL ENVfAONMENTAL ENOINCERS 6 PL EP9 Q 10401 tOb•IIOI OVML EIIN�Eil W14 f04Cn ClUIOnNY 11111 0 0 ckaub,cBeirb FrostQ96.9,.ssociates PROFESSIONAL ENVIRONMENTAL ENGINEERS & PLANNERS February 20, 1976 Our Job No. 16731 City of Newport Beach Planning Commission 3300 Newport Boulevard Newport Beach, CA 92660 Attention: Mr. Richard V. Hogan Director of Community Development Gentlemen: Transmitted herewith are twenty copies of the final map of Tract 9260. This property is located easterly of MacArthur Boulevard (relocated) and northerly of the Big Canyon Reservoir, and is the first unit of Tentative Tract 9047. It is the desire of the developer to process this record map at the Planning Commission meeting of March 4, 1976. If there is additional information you need or if we can be of assis- tance in any way, please do not hesitate to call. Sincerely, it iam J. Fros Vice President WJF:mw Enclosures ccs: Ken Alton, Broadmoor Homes, Inc. Reid Gustafson, Broadmoor Homes, Inc. P.O. BOX 2590 - 1401 QUAIL STREET. NEWPORT BEACH, CALIFORNIA 92663 . (714) 833-0070 BRANCH OFFICE - AURORA. COLORADO findings and Conditions of Tract No. 9047 as approve by the Planrrin-g Commission and City Council: 1. That the proposed map and development includ- ing the proposed grading shown thereon is consistent with applicable general and speci- fic plans and the Planned Community Text. 2. That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. 3. That the site is physically suitable for the type of development proposed in the tentative map. 4. That the site is physically suitable for the proposed density of development as set forth in the Planned Community Text. 5. That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substan- tially and avoidably injure fish or wildlife or their habitat. 6. That the design of the subdivision of the proposed improvements are not likely to cause serious public health problems. That the design of the subdivision or the proposed improvements will not conflict with any easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. That the discharge of waste from the proposed subdivision will not result in or add to any violation of existing requirements prescribed by a California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 1300) of the Water Code. and recommend to the City Council that Tentative Map of Tract No. 9047 be approved, subject to the following conditions: That all public improvements be constructed as required by ordinance and the Public Works Department. That the boundary of the final map be checked by the County Surveyor before being submitted to the City for approval. 3. That the water capital improvement acreage Page 18. fee be paid. 4. That all vehicular access rights to New MacArthur Boulevard, except at the two private street intersections, shall be dedicated to the City of Newport Beach. 5. That Section 19.16.030 of the Subdivision Ord- inance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department. 6. That the Subdivision Ordinance requirement for maximum street grade of 7% be waived; with steeper grades allowed, subject to approval by the Public Works Department, where made necessary for topographical reasons. 7. That the subdivision Ordinance requirements for local street widths of sixty feet of right-of-way and forty feet of paved surface be waived, and that street widths be approved as shown on the tentative map, except for the following: a. Lots C, K, and N be increased from 32' to 36' in width; b. Lot L be increased from 32' to 36' in width on the portion with double frontage. 8. That the following special conditions of approval be applied to the private streets: a. The geometric and structural design shall be approved by the Public Works Department and shall be in conformance with the City': Private Street Policy. b. Circular planters proposed for cul-de-sac locations shall conform to Drawing No. STD-130-L. c. Construction shall be inspected by the Public Works Department and the standard plan check and inspection fees shall be paid. d. The California Vehicle Code shall be enforced on the private street system. e. That a right of access be granted to the City over the private streets for such Page 19. purposes as police and fire protectio.n, trash collection and utility maintenance. 9. That the subdivider be responsible for the design and construction of the unimproved half width of New MacArthur Boulevard between the existing transitions which are located approx- imately 650 feet southwesterly and 700 feet northeasterly of this tract. A reimbursement agreement between the subdivider and the City of Newport Beach shall be provided to cover the New MacArthur Boulevard improvements south• westerly of the tract which are adjacent to thi City -owned Big Canyon Reservoir property. A similar reimbursement agreement between the subdivider and the Metropolitan Water District of Southern California, subject to Metropolitai concurrence, may be provided to cover the New MacArthur Boulevard improvements northeasterly of the tract which are adjacent to the MWD- owned reservoir property; however, the sub- divider has the responsibility for negotiating such a reimbursement agreement. "The subdi_vider__sha17__be responsible for sidewalks on the _easterly side of New MacArt ur Boul_evard 'adjacent to the MWD reservoir." 10. That the improvement responsibility establish- ed for this project be considered as complete in itself; and thus no credits be separately allowed under the City's Capital Improvement Policy. 11. That easements to be dedicated to the City of Newport Beach have a minimum width of ten feet, with wider easements provided where show'. on the tentative map and where required by the Public Works Department. 12. That the subdivider be responsible for acquir- ing the necessary off -site easements in con= junction with the alternate methods of provid- ing Pressure Zone IV water service to the tract. Such easements must have a minimum width of ten feet, with greater width provided where more than one underground utility is to be located within the same easement. All private improvements shall be cleared from the surface of such easements and appropriate wall I Page 20. or fences approved by the Public Works Depart ment shall be constructed on the sidelines of such easements. 13. That the grading plans take into consideratio the existing piezometer locations installed in connection with the Big Canyon Ground Water Study affecting the southwesterly portion of this tract, and that adequate provisions be made for existing and future ground water accumulations in this area of the tract. 14. That the graded slopes at all intersections be designed to provide a minimum sight distance for a speed of 25 mph. Landscaping, walls, and other physical obstructions shall be considered in the.sight distance require- ments. 15. That the portion of Lot A between.New Mac Arthur Boulevard and Lot B be designed to provide two inbound and tw•d outbound vehicula traffic lanes. 16. That,the portion of'Lot A between New Mac Arthur Boulevard and Lot T have a minimum paved width of 40 feet. 1 17. That any proposed guard,hoµs•es, gates, or other access controls to the tract from New MacArthur Boulevard be subject to review and approval by the Public Works Department. 18.• That the five-foot wide pedestrian sidewalks along the pri'vate•.streets'be located adjacent to the residential houses rather than adja- cent to the landsca•pted sadpes and be includ- ed in and added to the 'private street right- of-way. 19. That the five-foot.wide pedestrian sidewalk be constructed on both sides of the private streets designated as Lots A, B, C, I, K9 •L (double frontage portion), M (northeasterl of N), and N. 20. That all garages taking front access be located three feet from the back of sidewalk or a minimum -of twenty feet from the back of sidewalk. Page 21. 21. That the manner of providing water service for Pressure Zone IV be subject to further review and approval by the Public Works Department. 22. That the subdivider be responsible for replacing any existing downstream sewer lines to provide the additional capacity necessary to serve this tract. The basis for replace- ment is contained in the study prepared by the Consulting Civil Engineering firm of Simpson-Steppat dated March 28, 1975. 23. That grading shall be conducted in accordance with plans prepared by a civil engineer and based on the recommendations of a soil engine and an engineering geologist subsequent to the completion of a comprehensive soil and geologic investigation of the site. Grading plans, soil and engineering geologic reports and grading activities shall be prepared and conducted in accordance with the requirements of the Grading Code and to the satisfaction of the Building Official. Permanent repro- ducible copies of the "Approved As Built" grading plans on standard size sheets shall be furnished to the Department of Community Development. The developer shall either acquire appropriate easements and maintenance agreements satisfactory to the City or acquir title to the property. 24. That groundwater studies of the property be conducted by the site soil engineer and engineering geologist to preclude adverse effects to the proposed development and to adjacent properties as a result of an increase in, or change in levels of, the ground water as a result of the development of this site. 25. That the grading plan shall include•a complet plan for temporary and permanent drainage facilities to minimize any potential impacts from silt, debris, and other water pollutants and shall be approved by the Water Quality Control Board, Santa Ana Region. Special attention shall be given to avoid increased siltation from the site into the Harbor View Nature Park and no fill shall be placed in the natural canyon area. Page 22. I I , , 26. That the developer install landscaping in the traffic median in New MacArthur in accordance with dity specifications. . 27. That landscape plans be reviewed and approved by the Director of Parks, Beaches and Recrea- tion. 28. That fire hydrant locations and water supply shall be approved by the Public Works and Fire Departments. 29. That Fire Department equipment access shall be approved by the Fire Department. 30. That building addressing shall conform to Section 13.12,.020 of the Municipal Code. 31.- That further archaeological and paleontologi- cal exploration be done in accordance with City Policy. 32. That landscaping of slopes be accomplished as soon as appropriate after grading is complete. 33. That consideration be given to the establish- ment of volleyball and basketball courts in the recreation area. 34. That there shall be submitted a declaration of covenants, conditions and restrictions' setting forth an enforceable method of insur- ing the installation and continued mainten- ance of the landscaping, walls, fencing and -all physical features such as buildings, fire hydrants, utility facilities, open areas between dwelling groups, parking areas, drainage facilities and recreation facilities agceptable to the Department of Community .Development, and in respect -to legal enforce- ability, the City Attorney. 35. That all purcha_sP_r-s-shall be notified via the public report prepared by the State Departmen of Real Estate and via the C.C. & R's that this subdivision underlies an_a.p_p-roved.__ _— _ _ _hel i copter route and homeowners_ma.v__exper_i enc1 noise and fibratio_ns from helicopters over- flying the area. This condition will be waived _ if _tfte_route .i s__i)erma-ne.nt.ly _r, e_1 oc_at4e_d_ and the impacts are eliminated. Page 23. 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C.0 LINIRD COYNCNtlN.-YYLTIMt Ntl10OTY. gf11NCTF-771 InNTDOLIlO WYINCSYICIO D�INICS IIIIIIA OC•TpM �N-! OYKR IKAOeNiI•L 011SMCT C-1 4Mlf CONSItlICYL OgSIIKi NO ON��110 DA "Na MOTIIR Au .s w ^'^"�•'L, Mµ• 4L-u i. a...��- i �✓ F1 10121voc ILY YLT Nfwr00TlL C-[ ONNp•l GOCAYLL WS111CT SO Caim,am a 011"[ awramT avo nSa tla�+S-L-a�i Ae.Iw FM Y•I NO. GIPP /OrI ;=—o m ATG A-2. 9-CL./s O �lTfl[ ItNOISRYI MOIIKT OI I.SISINOI•T[ ONfINICT NNl 0_S�—f ld� 6RW L.QLI1r OT .-K-)N J �..1�-- . n; 53 eeNwNN eN 'i NINTNCT uO IIN6•NMf10 OISSINCT tiT s�l.rw w Ts .rr 1TLI[ a essr '.. iwr�iui�— /- -u Pdge 129 CONFORMED COPY ;!i;J�' "'' Nol Cor.prr,u v:hh Original c=CORDI:Y3 REQUESTED BY / .._-., o - ..-. RECORDED I❑ OtmCIAL P.FCORDS Sroadmoor Homes, Inc. OF ORANGE COUNTY, CALWORNIA John P. Hazeltine 17802 Irvine Boulevard 30'rsi 1 FMSiP1.51976 Tustin, California 92680 d, VULIE URLYLE, Ccunty Recorder Above space for Recor�er'S usa oily DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR • BROADMOOR SEA VIEW THIS DECLARATION is made this _13th day of SeptPrber , 1976, by BROADMOOR HOMES, INC., a CalirprnLa Corporation ("Broadmoor"). Broadmoer shall be referred to hereinbelow as "Declarant". • RECITALS A. Declarant is the owner of certain real oroperty (the "Property") located in the Citv of Newoort aeacn ("City"), County of Orange, State of California, more particularly described in Exhibit "A" attached hereto and incorporated herein by this re:er- ence. B. Declarant desires to create on the Property and such additions thereto as may be made pursuant to Article II hereof ("Additions%) an interrelated and interdependent.residential com- munity composed of residential dwellings and private recreational facilities for the benefit of the community. C. Declarant has deemed it desirable to impose a gen- eral plan for the protection, maintenance, improvement, develop- 0 ment,of the itionst and nrestrictions BGBtnE� �c and to adopt aridncy establishncovenants, cordoyment 6000}nent upon the Property and Additions for the purpose of enforcing and Ge�0.�•vt• V'' i� protecting the value, desirability and attractiveness thereof. NqJ t•' V� 1 D. Declarant has deemed it desirable for the efficient preservation of the value, desirability and attractiveness of GYS'( \ NE�y GP41r '' beedelegated and assigned, the powers ofc to create acadministering and ornration to cenforc-ing these covenants, conditions and restrictions. E. Broadmoor Sea View Community Association, ? nonprofit corporation, ha's.been'or will be incorporated under the laws of .the State of California for the purpose of exercising the powers and functions as aforesaid. F. Declarant intends to convey all of the Property and Additions subject to the protective covenants, conditions and restrictions set forth hereinbelow. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR BROADMOOR SEA VIEW TABLE OF CONTENTS Page RECITALS................................................ 1 ARTICLE I - DEFINITIONS ................................. 2 Section I. Articles and By -Laws ............. 2 Section 2. Assessment ....................... 2 , Section 3. Association ...................... 3 Section 4. Association Rules ................ 3 Section 5. Board . ........................ 3 3 Section 6. Common Area ...................... Section 7. Common Expenses ... ............ 3 Section 8. Declarant ........................ 3 Section 9. Declaration .. ................... 4 Section 10. Deed of trust .................... 4- Section 11. Family... .................. 4 Section 12. First Beneficiary ................ 44 ,rt Section 13. Lot ........ ..................... . 4✓ Section 14. Maintenance Area ................. Section 15. Member ........................... 4 4 Section 16. Owner .... ... ................... 4 Section 17. Broadmoor Sea View ............... Section 18. Phase 1.......................... 4 4 Section 19. Unit ............................. ARTICLE II - PROPERTY SUBJECT TO THIS DECLARATION AND 5 ADDITIONSTHERETO .......................... .Section'l. Phase I ................... I....... 5 'Section 2. Additions to Phase 1............. 5 AND VOTING ARTICLE III - RIGHTS S INPTHE ASSOCIATION ................. 6 Section 1. Membership ....................... 6 Section 2. Transfer .. ...................... 66 Section 3. Voting Rights .................... ARTICLE IV - PROPERTY RIGHTS IN THE COMMON AREA......... 7 Section I. Members' Easements of Enjoyment.. 7 Section 2. Title to Common Area ............. 7 • Section 3. Extent of Members' Easements..... B Section 4. Delegation of Use ................ Section 5. First Beneficiary Approval...... Section 6. Private Streets .................. 9 ARTICLE V - COVENANT FOR ASSESSMENTS .................... 9 Section 1. Creation Of the Lien and Personal Obligation of Assessments........ 9 Section 2. Purpose of Assessments........... 9 9 Section 3. Regular Assessments .............. M Page Section 4. Capital Improvement Assessments.. 10 Section 5. Special Assessments .............. 10 - Section 6. Cable Television Service Assessments ...................... 11 .Section 7. Certificate of Payment........... 11 Section 8. Assessment of Lots Owned byDeclarant ..................... 11 Section 9. Nonuse and Abandonment........... 11 Section 10. Uniform Rate of Assessment....... 11 Section 11. Exempt Property .................. 11 Section 12. Offsets .......................... 11 ARTICLE VI - NON-PAYMENT OF ASSESSMENTS ................. 11 Section I. Delinquency and Remedies of Association.. ........... 11 Section 2. Notice of Claim of Lien.......... 12 Section 3. Foreclosure Sale ................. 12 Section 4. Curing of Default ................ 12 Section 5. Cumulative Remedies .............. 13 Section 6. Subordination of the Lien to ' . Deeds of Trust ................... 13 ARTICLE VII - ARCHITECTURAL AND LANDSCAPING CONTROL..... 13 Section 1. Architectural•Approval........... 13 'Section 2. Number of Members and Term of Architectural Committee Appointed byDeclarant ..................... 14 Section 3. Failure to Approve or Disapprove Plans and Specifications......... 14 Section 4. No Liability ..................... 14 Section 5. Notice of Noncompliance or Noncom- pletion.......................... 15 Section 6. Rules and Regulations............ 15 •Section 7. Variances.... ...... 15 Section 8. Appointment and designation......' 15 -Section 9. Review Fee and Address........... 15 Section 10. Inspection ....................... 16 ARTICLE VIII - GENERAL RESTRICITONS ..................... 16 Section 1..................1— .1................. 16 Section 2....................................... 16 Section 3....................................... 16 _Section 4........................................ 16 Section 5........................................ 16 Section 6....................................... 16 Section 7....................................... 16 Section Section Section 8....................................... 9....................................... 10...................................... 17 17 17 Section Section Section Section 11...................................... 12...................................... 13...................................... 14....................................... 17 17 18 18 Section Section Section 15....................................... 16...................................... 17:...................................... 18 18 18 Section ' Section Section 18...................................... 19...................................... 20...................................... 18 18 18 Page Section 21...................................... 19 Section 22...................................... 19 Section 23...................................... 19 ARTICLE IX - DUTIES AND POWERS OF THE ASSOCIATION....... 19 Section 1. General .......................... 19 Section 2. Maintenance Areas and Owner Maintenance Limitations.......... 21 Section 3.. Use of Agent ..................... 22 .Section 4. Association Rules .......:........ 23 Section 5. Entry and Emergency Powers....... 23 Section 6. Notice to First Beneficiaries.... 23 Section 7. Books and Records... o............ 23 Section 8. Sales of Association Property.... 24 , ARTICLE X - EASEMENTS .........:......................... 24 Section 1. Slope Control Areas and Common Area ............................. 24 Section 2. Encroachments .................... 24 Section 3. Sideyards ........................ 25 ARTICLE XI - RESERVATION OF EASEMENTS BY DECLARANT...... 26 Section 1. Utilities ........................ 26� Section 2. Common Area.. s..... 26 Section 3. Discharge of Rights and ��q„• Obligations ...................... 26 Section 4. Cable Television ................. 26 ARTICLE XII - INSURANCE ................................. 27 Section 1. Types ............................ 27 Section 2. Improvements on Lots ............. 27 Section 3. Premiums and Proceeds............ 29 ARTICLE XIII - DESTRUCTION OF COMMON AREA IMPROVEMENTS.. 29 ARTICLE XIV - EMINENT DOMAIN COMMON AREA ................ 30 ARTICLE XV - GENERAL PROVISIONS ......................... 30 Section 1. Duration ......................... 30 . Section 2. Amendment ........................ 30 Section 3. Notices..: ....................... 31 Section 4. Enforcement ...................... 31 Section 5. Severability ..................... 32 Section 6. Breach of Restrictions, Easements, ' Conditions, Covenants and Reservations ..................... 32 Section 7. Headings ......................... 32 Section B. Singular Includes Plural......... 32 , Section 9. Construction ..................... 32 Section 10. Phased Development.. ....... 32 Section 11. Construction by Declarant......... 33 Section 12. Nonliability of Officials........ 33 Section 13. Obligation of Owners and Members. 33 Section 14. Leases of Lots ................... 33 Section 15. Mergers and'Consolidations....... 34 ' Section 16. Assignment of Rights and/or Duties 34 r�+� Section 17. Helicopter Route .................. 34 Section 18. Airspace Easement ................ 34 RECORDING REQUEPTED BY AND WHEN RDCORDED NAIL TO: Broadmoor Homes, Inc. John P. Hazeltine 17802 Irvine Boulevard Tustin, California 92680 Above space for Recorder's use only DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ' FOR BROADMOOR SEA VIEW THIS DECLARATION is made this 13th day of Seotember , 1976, by BROADMOOR HONES, INC., a California corporation ("Broadmoor"). Broadmoor shall be referred to hereinbelow as "Declarant". RECITALS A. Declarant is the owner of certain real property (the "Property") located in the City of :7ewport Beach ("City"), County of Orange, State of California, more particularly described in Exhibit "A". attached hereto and incorporated herein by this refer- ence. B. Declarant desires to create on the Property.and such• additions thereto as may be made pursuant to Article II hereof ("Additions") an interrelated and interdependent residential com- munity composed of residential dwellings and private recreational _ facilities for the benefit of the community. C. Declarant has deemed it desirable to impose a gen- eral plan for the protection, maintenance, improvement, develop- ment, use, occupancy and enjoyment of the Property and Additions and to adopt and establish covenants, conditions and restrictions upon the Property and Additions for the purpose of enforcing and protecting the value, desirability and attractiveness thereof•. D. Declarant has deemed it desirable for the efficient preservation of the value, desirability and attractiveness of the Property and Additions to create a corporation to which should - be delegated and assigned the powers of ad -ministering and enforc- ing these covenants, conditions and restrictions. E. Broadmoor Sea View Community Association, a nonprofit corporation, has been or will be incorporated under the laws of the State of California for the purpose of exercising the cowers and functions as aforesaid. F. Declarant intends to convey all of the Property and Additions subject to the protective covenants, conditions and restrictions set forth hereinbelow. NOW, THEREFORE, Declarant hereby certifies, agrees, and declares that it has established, and does hereby establish, a -General Plan for the protection, maintenance, improvement, and development of the Property and Additions and has fixed, and does hereby fix, the covenants, conditions, restrictions, ease- ments, reservations, liens and charges upon and subject to which all of the Property and Additions and each portion there- of shall be held, used, leased, sold and conveyed, and each and all of which is and are declared hereby to be for the benefit of all the Property and Additions and each portion thereof and each present and each future owner (as hereinbelow defined) thereof and Declarant. These covenants, conditions, restric- tions, easements, reservations, liens and charges shall run with the Property and Additions and shall be binding upon all parties having or acquiring any right, title or interest in the property and Additions or any portion'thereof and shall inure to the benefit of and bind each owner thereof and their respec- tive successors in interest, and are imposed upon the Property and Additions and each and every portion thereof as'.a servitude in favor of the Property and Additions and each and every por- tion thereof as the dominant tenement or tenements, all as follows, to wit: ARTICLE I Definitions Section 1. "Articles and By -Laws" shall mean and refer to the Articles of Incorporation and By -Laws of the Association as the same may from time to time be amended. Section 2. "Assessment" shall mean and refer to any or all of the assessments hereinbelow defined: (a) "Capital Improvement Assessment" shall mean and refer to a charge against each Owner and his Lot represent- ing a portion of the cost to the Association for the installa- tion or construction of any capital improvements on any Common Area or Maintenance Area as provided for in this Declaration. (b) "Reconstruction Assessment" shall mean and refer to a charge against each Owner and his Lot representing a portion of the cost to the Association for the reconstruction of any portion or portions of the Common Area as provided for in this Declaration. (c) "Regular Assessment" shall mean and refer to a charge against each Owner and his Lot representing that portion of the Common Expenses attributable to such Owner and his Lot as provided for in this Declaration.' (d) "Special Assessment" shall mean and refer to a charge against a particular Owner and his Lot, directly attrib- 'utable to such Owner, for certain costs incurred by the Associ- ation or Declarant as provided for in this Declaration. (e) "Cable Television Service Assessment" shall mean and refer to a charge against a particular Owner and his Lot for cable television services obtained by the Association for the benefit of such Owner as provided for in this Declaration. J -2- Section 3. "Association" shall mean and refer to Broadmoor Sea View Community Association, a nonprofit corpora- tion, incorporated under the laws of the State of California, and its successors and assigns. Section 4. "Association Rules" shall mean rules adopted by the Association pursuant to the Article of this Declaration entitled "Duties and Powers of the Association". Section 5. "Board" shall mean and refer to the Board of Directors of the Association. Section 6. "Common Area" shall mean and refer to Lots A & J: Lot 70 S F-J of Tract No. 9260 as shown on a map recorded in Book 378 , Pages 32 through 37 ,,inclusive, of Miscella- neous Maps, official aecords of Orange County, California, and any other property, including property which may be annexed pur- suant to Article II hereof, and all facilities and improvements thereon, if any, owned or leased by the Association or in which the Association has a possessory interest for the common use and enjoyment of the Owners within Broadmoor Sea View. Section 7. "Common Expenses" shall mean and refer to the actual and estimated costs of: maintenance, management, operation, repair and replacement of the Common Area (unless the cost of such repair and replacement is otherwise provided for in the Article hereof entitled "Destruction of Common Area Improve- ments") and Maintenance Area; unpaid Assessments; management and -administration of the Association, including but not limited to compensation paid by the Association to maanagers, accountants, attorneys and other employees; utilities, trash pick-up and dis- posal, gardening and other services benefiting the Common Area and Maintenance, Area; fire, casualty, liability, workmen's com- pensation and other insurance covering the.Common Area and :Iain- tenance Area; reasonable reserves as appropriate; bonding of the mtembers of the management body; taxes paid by the Association; amounts paid by the Association for the discharge of any lien or encumbrance levied against the Common Area or any portion thereof; amounts paid or incurred by the Association in collecting Assess- ments pursuant to Section 1 of Article VI'hereof, including amounts expended to purchase a Lot in connection with the fore- closure of an Assessment lien against such Lot; and expenses incurred by the Association for any reason whatsoever in connec- tion with the Common Area or Maintenance Area, this Declaration or any Supplementary Declaration of Covenants, Conditions and Restrictions recorded in accordance with Article II of this Declaration, the Articles or By -Laws or in furtherance of the purposes of the Association or in the discharge of any obli- gations imposed on the Association or the Board by this Decla- ration or any such Supplementary Declaration. Section B. "Declarant" shall mean and refer to Broadmoor and such of its successors as shall acquire Broadmoor's entire fee interest in Broadmoor Sea View as of the date of acquisiton thereof. Persons or entities who acquire less than all of such fee interest (including, without limitation, those acquiring less than all of the Lots owned by Broadmoor for purposes of develop- ment or residential use) shall not be successors of Broadmoor for purposes of this Declaration, but rather shall be Owners. However, nothing herein contained shall be deemed to preclude Declarant from assigning any of its rights or duties to anyone as provided in Article XV, Section 16 hereof.' -3- Section 9. "Declaration", as the same may be amended, supplemente , modified or changed from time to time, shall mean this Declaration of Covenants, Conditions and Restrictions for Broadmoor Sea View. Section 10. "Deed of trust" when referred to in this Declaration shall be deemed to include a mortgage; "beneficiary" shall be deemed to include the mortgagee of the mortgage and "trustor" shall be deemed to include the mortgagor of the mort- gage. ' Section 11. "Family" shall mean one or more persons related to each other by blood, marriage or legal adoption, or a group of not more than three persons not so related, together with his or their domestic servants, maintaining a common house- hold on a Lot. Section 12. "First Beneficiary" shall mean and refer -to the first beneficiary under a deed of trust of record or the first mortgagee under a mortgage of record covering a Lot or Lots ' in Broadmoor Sea View. Section 13. "Lot" shall mean and refer to any numbered or lettered plot of land shown upon any recorded subdivision map ' of Broadmoor Sea View, or any portion thereof, with the exception of the Common Area as hereinabove defined. Section 14. "Maintenance Area" shall mean and refer to any area within or outside of Broadmoor Sea View which is not Common Area, but which the Association is required to maintain by this Declaration or any Supplementary Declaration of Covenants, Conditions and Restrictions recorded in accordance with Article II hereof, including, without limitation, those more particularly described in Sections l(a), 1•(b) and 1(d) of Article IX hereinbelow. Section 15. "Member" shall mean and refer to every per- son or entitt y who holds membership in the Association as provided in Article III, Section 1 hereof. Section 16. "Owner" shall mean and refer to one or more persons or entities who are the record owner, including Declarant, or the record vendee of a Lot under an installment sales contract, of the fee simple title to any Lot, but shall not mean or refer to those having such interest merely as security for the perfor- mance of an obligation. " Section 17. "Broadmoor Sea View" shall mean and refer to Phase I together with such additions thereto as may become subject to this Declaration or any Supplementary Declaration of Covenants, Conditions and Restrictions pursuant to the provisions of Article II hereof. Section 18. "Phase 1" shall mean and refer to the .Property. Section 19. "Unit" shall mean and refer to any one - family residential dwelling located on a Lot and designed for occupation by not more than one family.- -4- ARTICLE II Property Subject to this Declaration and Additions Thereto Section 1. Phase 1. The real property which shall be held,.used, leased, sold and conveyed-subjectto this Declaration is the real property referred to herein as Phase 1. Section 2. Additions to Phase 1. Additional real prop- erty may be annexed to Phase 1 and become subject to this Decla- .ration in the manner set forth hereinbelow; (a) Additions by Declarant. If Declarant shall develop, or cause to be developed, additional real property with- in the area described in Exhibit "B", attached hereto and incor- porated herein by this reference, Declarant shall have'the right from time to time to annex such additional real property or any portion or portions thereof, including improved and/or unimproved Common Area, to Phase 1 and,to bring such real prope.rty within the general plan and scheme of this Declaration without the ap- proval of the Association, its Board or Members; provided that said right of Declarant shall terminate on the third anniversary of the date of issuance by the California Department of Real Estate of the most -recently -issued final subdivision public re- port with respect to any portion of the real property described in Exhibit "B". (b) Other Additions. In addition to the provision for annexation specified in Section 2(a) herein -above, additional real property may be annexed to Phase 1 and brought dith:n the general plan and scheme of this Declaration upon the approval by vote or written consent of Members entitled to exercise not less than two-thirds (2/3) of the voting power of each class of member- ship of the Association. Upon obtaining the requisite approval pursuant to this Section 2(b), the owner of any real property who desires to annex it to Phase 1 and add it to the general plan and scheme of this Declaration and subject it to the jurisdiction of the Association, shall file of record a Supplementary Declaration of Covenants, Conditions and Restrictions, as more particularly described in Section 2(d) hereinbelow. -- (c) Conveyances of Common Area. Prior to the con- .veyance of any Lotimproved with a Unit within the annexed real • property to the purchaser thereof, fee simple or other fee or leasehold title to, or an easement or license in, the Common Area within said annexed real property, if any, shall be conveyed to the Association, free and clear of any and all ehcumbrances and liens, except current real property taxes, which taxes shall be prorated to the date of transfer, and reservations, easements, covenants, conditions and restrictions then of record, including those set forth in this Declaration. (d) §_�12elementacy Declaration. The additions autho- rized under sections 2(a) and 2(b) of this Article II shall be made by filing of record a Supplementary'Declaration of Covenants, Conditions and Restrictions, or other similar instrument, with .respect to the additional real property which shall be executed by -Declarant or the owner thereof and shall extend the general plan and scheme of this Declaration to such real property. The filing of record of said Supplementary Declaration shall consti- tute and effectuate the annexation of the additional real•prop- erty described therein, and thereupon said real property shall -5- become and constitute a part of Broadmoor Sea View, become sub- ject to this Declaration and encompassed within the general plan and scheme of this Declaration, and become -subject to assessment by the Association and to the functions, powers and jurisdiction of _ the Association, and the Owners of Lots in said annexed real prop- _ erty shall automatically become Members of the Association. Such Supplementary Declaration may contain•such additions and modifi- cations of the covenants, conditions and restrictions contained in this Declaration as may be necessary to reflect the different character, if any, of the added real property, or as Declarant may deem appropriate in the development of such real property, and as are not inconsistent with the general plan'and scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants, conditions or restrictions establsihed by this Declaration as the same per- tain to Phase 1, except as hereinbelow may be provided. ARTICLE III Membership and Voting Rights in the Association Section 1. Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Associ- ation shall be a Member of the Association. Any person or entity having any such interest merely as security for the performance of an obligation shall not be a Member. Membership and the right to vote shall be appurtenant to, and may not be separated from, the fee ownership of -any Lot which is subject to assessment by the Association.. Ownership of such Lot shall be the sole quali- fication for membership. Section 2.- Transfer. The membership held by any record Owner of a Lot shall not be transferred, pledged or alienated in any way, except upon the sale or assignment -of such Lot and then only to the purchaser or assignee thereof. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association. In the event any Owner shall fail or refuse to transfer the membership registered in his name to the purchaser of his Lot, the Association shall have the right to record the transfer upon the books of the Association. Section 3. Voting Rights. The Association shall have two classes of voting membership: (a) Class A. Class A Members shall be all those Owners entitled to membership as defined in Section 1 of this Article III, with the exception of Declarant. Class A Members shall be entitled to one (1) vote for each Lot in which they hold the interest required for membership by Section 1. When more than one person holds such interest in any Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any sucFi Lot. Any votes cast with regard to any such Lot in violation of this provision shall be null and void. (b) Class B. The C1ass.B Member shall be the Decla- rant. The Class B Member shall.be entitled to three (3) votes for -6- each Lot in which it holds the interest required for membership by Section 1; provided that the Class B membership shall forever cease and become converted to Class A'membership on the happening of any of the following events, whichever occurs earlier: • (i) When the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B membership; (ii) On the second anniversary of the date of issuance by the California Department of Real Estate of the most -recently -issued final subdivision public report with respect to any portion of the real property described in Exhibit "B"; (iii) On the fourth anniversary of the date of issuance by the California Department of Real Estate of a final subdivision public report for Phase 1. From and after the happening of these events, whichever occurs earlier, the Class B Member shall be deemed to be a Class A Member entitled to one vote for each Lot in which it holds the interest required for membership under section 1. (c) The voting rights of both classes of membership shall be subject to the restrictions and limitations provided in this Declaration and in the Articles and By -Laws. ARTICLE IV Propertv Riqhts in the Common .Area Section'l. Members' Easements of En j y ent. Subject to the provisions of Section J hereinbelow, every Member shall have a right•and easement of access, use and enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with the title to every Lot subject to assessment. Section 2. T-itle to Common Area. At any time prior to the conveyance of the first Lot in Phase 1 which is improved with a Unit, Declarant shall convey to the Association fee simple title to the Common Area within Phase 1, free and clear of all liens and encumbrances, except current real property taxes, which taxes shall be prorated to the date of transfer, and reservations, easements, covenants, conditions and restrictions then of record, including those set forth in this Declaration. Section j. Extent of Members' Easements. The rights and easements of access, use and enjoyment createdhereby shall be subject to the following: (a) The right of the Association, in accordance with its Articles•and By -Laws, to borrow money for the purpose of improving the Common Area and facilities thereon, if any, and in aid thereof, to deed in trust said Common Area; provided, however, that the rights of any beneficiary under such deed of trust shall be subordinate to the rights of the Members; provided further that the Association shall not be authorized to deed in trust said areas without the prior written approval of all the First Beneficiaries; and -7- C (b) The right of the Association to take such steps as are reasonably necessary to protect the Common Area against foreclosure: and (c) The right of the Association, as provided in its By -Laws, to suspend the voting rights and/or the use or enjoyment rights to recreational or social facilities within the Common Area of any Member for any period during which any Assess- ment against his Lot remains unpaid and delinquent, and for a period not to exceed thirty (30) days for any infraction of the Association Rules; and (d) The right of the Association to dedicate or. transfer all or any part of the Common Area to any public agency, authority or utility or any other entity for such purposes and subject to such conditions as may be agreed to by the Members; provided, that no such dedication or transfer shall be effective unless approved by (i) the.vote or written consent of Members entitled to exercise not less than two-thirds (2/3) of the vot- ing power of the membership, and (ii) the prior written consent of all of the First Beneficiaries and an instrument in writing is recorded and signed by the Secretary of the Association cer- tifying that such dedication or transfer has been approved by the required vote and/or written consent; provided, further, the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Area shall not require the prior written consent of Members or First Beneficiaries; and (e) The right of the Association to establish and enforce reasonable rules and regulations pertaining to the use and enjoyment of the Common Area and the facilities thereon; and (£) The right of the Association to limit the num- ber of guests of Members and to limit the use of the Common Area by persons not in possession of a Lot, but owning a portion of the interest in a Lot required for membership; and (g) The right of the Association to charge -reason- able admission and other fees for the use of any facility situated upon the Common Area; and , (h) The right of the Association to perform its duties and exercise its powers under Article IX hereof, including the power,to grant easements on the Common Area as provided in said Article; and (i) Other rights of the Association, the Architec- tural Committee, the Board, the Owners and Declarant with respect to the Common Area as may be provided for in this Declaration; and (j) Any limitations, restrictions�or conditions af- fecting the use, enjoyment or maintenance of Common Area imposed -by Declarant, the City, the County of Orange or any other govern- mental agency having jurisdiction to impose any such limitations, restrictions or conditions, and whether by agreement with the Association or Declarant or otherwise. Section 4. Delegation of Use. Subject to the limita- tions of Section 3 of this Article Iv, any Member may delegate, in accordance with the By -Laws, his right of use and enjoyment to the Common Area and facilities to the members of his Family, his tenants and con'trac't purchasers who reside on his Lot. -8- Section 5. First BeneficiaLy�h�p ro�val. Except as other- wise permitted in Secteon 3(d) of this Article IV, neither the Common Area or facilities thereon, nor any portion thereof, shall be abandoned, partitioned, subdivided, sold, transferred, alien- ated, released, hypothecated or otherwise encumbered without the approval of all of the First Beneficiaries. _ Section G. Private Streets. The California Vehicle Code shall be enforced on the private streets within Broadmoor Sea View by the City. The City is hereby declared to have a right of ac- cess over such private streets for purposes of police and fire protection, trash collection and utility maintenance. ARTICLE V Covenant for Assessments Section 1. Creation of the Lien and Personal Obligation of Assessments. Declarant for each Lot owned -by it within Broad - moor sea view hereby covenants, and each Owner of any Lot within Broadmoor Sea View by acceptance of a deed or other conveyance therefore, whether or, not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to covenant and agree to pay to the Association: (a) Regular Assessments, (b) Special Assessments, (c) Capital Improvement Assessments, (d) Reconstruction Assessments and (e) Cable Television Service Assessments, if any, such Assessments to be fixed, established and .collected from time to time as hereinbelow provided. The Assess- ments, together with such interest thereon and costs of collection thereof as provided hereinbelow in Section 1 of Article VI, shall be a charge on the real property and shall be a continuing lien upon the Lot against which each such Assessment is made. The lien shall become effective upon recordation of a notice of claim of lien*in accordance with Section 2 of Article VI of this Decla- ration. Each such Assessment, together with such interest and costs, shall also be the personal obligation of the person or entity who'was the Owner of such Lot at the time when the Assess- ment, or any portion thereof, fell due and shall bind his heirs, devisees, personal representatives, successors and assigns. However, the personal obligation shall not pass to his succes- sors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The Regular Assess- ments levied by the Association shall be collected, accumulated and used exclusively for the purpose of providing for and promot- ing the pleasure, recreation, health, safety and social welfare of the Members, including the enhancement of the value, desir- ability and attractiveness of Broadmoor Sea View, the improvement and maintenance of the Common Area and facilities thereon, the r improvement and maintenance of Maintenance Areas and the dis- charge of any obligations or duties imposed on the Association or the Board by this Declaration. Special, Capital Improvement, Reconstruction and Cable Television Service Assessments shall be used exclusively for the purposes for which such Assessments were levied as provided for in this Declaration. Section 3. Regular Assessments. (a) Amount and Time of Payment. Regular Assess- ments shall be levied oerf a calEndor fiscal year basis ("Assess- ment Period") as determined by the Board and the amount and time N -9- • ,e of payment of Regular Assessments shall be determined by the Board after giving due consideration to the Common Expenses of the Association. In the event the amount budgeted to meet Com- mon Expenses for an Assessment Period proves to be excessive in light of the actual Common Expenses, the Board in its discretion may, by resolution, reduce the amount of the Regular Assessments. (b) Date of Commencement of Regular Assessments. •', The Regular Assessments provided for herein shall commence as to all Lots in Phase 1 on the first day of the month following the conveyance of the first Lot within Phase 1 which is improved with a Unit to an Owner. The Regular Assessments for Lots added here- after to Phase 1, provided said Lots have become subject to assessment'by the Association, shall commence with respect to all 'Lots within such added property on the first day of the month following the conveyance of the first Lot within said added property which is improved with a Unit to an Owner. (c) Assessment Procedures. At least thirty (30) days in advance of each Assessment Period, the Board shall esti- mate the total Common Expenses to be incurred by the Association for such forthcoming Assessment Period and shall at that time determine and fix the amount of the Regular Assessment against each Lot subject thereto for such Assessment Period. Written notice of such Regular Assessment shall be sent to every Owner subject thereto at least fifteen (15) days in advance of each Assessment Period. Each Owner shall thereafter pay to the Asso- ciation his Regular Assessment -in installments as established by the Board. In the event the Board shall determine at any time that the Regular Assessments- levied for a current Assess- ment Period are, or will become, inadequate to meet all Common Expenses for any reason, it shall immediately determine the approximate amount of such inadequacy„ issue a supplemental estimate of the total Common Expenses and revise and fix the amount of Regular Assessments against each Owner. (d) R2 N N Assessment Limitations. No Regular Assessment for an Assessment Period shall be in an amount which is more than twenty percent (20%) greater than the Regular Assessment for the immediately preceding Assessment Period without the approval by vote or written consent of a majority of the Class A Members. Section 4. Capital Improvement Assessments. In addi- tion to Regular Assessments, the Association may levy for any Assessment Period, Capital Improvement Assessments applicable to that Assessment Period only for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improve- ment upon the Common Area, to the extent the same is not covered by the provisions for Reconstruction Assessments herein, or any unexpected improvement to or maintenance of any Maintenance Area, including the necessary fixtures and personal property related thereto; provided that any such Capital Improvement•Assessments which in the aggregate exceed five percent (58) of the budgeted Common Expense for such Assessment Period shall have the approval by vote or written consent of a majority of the Class A Members. Capital Improvement Assessments shall be due and payable at the times and in the amounts fixed by the Board. Section 5. S2ecial Assess RAN, Special Assessments may be levied (a) by the IIcard Crum time to time against Lots with respect to which particular costs or expenses have been incurred by the Association for materials or services furnished h -10- at the request, or with the consent, of the Owner of any such Lot, (b) in accordance with Section 2 of Article IX hereof or (c) by Declarant and/or the Association in accordance with Section A of Article XV hereinbelow. Special Assessments levied by the Asso- ciation shall be due and payable at the times and in the amounts fixed by the Board. Special Assessments levied by the Declarant shall be due and payable at the times and in the amounts which _. Declarant establishes. Section 6. Cable Television Service Assessments. Cable Television Service Assessments shall be levied by the Board against each Lot within Broadmoor Sea View for the purpose of providing each such Lot with cable television service upon the vote or written consent of two-thirds (2/3) of each class of mem- bership. Cable Television Service Assessments shall be due and payable at the times and in the amounts fixed by the Board. Section 7. Certificate of Payment. Upon demand, the Association' n shall furnish to any Owner liable for Assessments a certificate in writing signed by an officer or authorized agent of the Association setting forth whether said Assessments or any portions thereof have been paid. Such certificate shall be con- clusive evidence of payment of any Assessments or portions thereof therein stated to have been paid.- A reasonable charge may be made by the Board -for the issuance of any such certificate. Section B. Assessment of Lots Owned by Declarant. With- out exception, each Lot owned by Declarant shall be sub3ect to assessment to the same extent and in the same manner as any other Lot owned by any Owner. Section 9. C,onuse and Abandonment. No Owner may waive or escape personal liabili�' ty for the Assessments provided for herein, nor release the Lot owned by him from the liens and charges hereof, by nonuse of the Common Area or abandonment of his Lot. Section 10. Uniform Rate of Assessment. All Regular, Capital Improvement and Reconstruction (except as otherwise provided in Section 2 of Article XII hereof) Assessments shall be fixed at a uniform rate for all Lots. Section 11. Exempt Pro ert . The following property subject to this Declaration shall be exempt from the Assessments, ;;barges and liens created herein: (a) all properties dedicated to and accepted by a public'authority; (b) all Common Area; and (c) all properties'exempted from taxation by the laws of the State of California, upon the terms and to the extent of such legal exemption. Notwithstanding any provision in this Section, no real property or improvements devoted to residential dwelling use shall be exempt from said Assessments, charges or liens. Section 12. Offsets. All Assessments shall be payable In the amount specified in the Assessment levied by the Associa- tion or Declarant and no offsets against such amount shall be permitted for any reason, including, without limitation, a claim that the Association is not properly exercising its duties of maintenance or enforcement. ARTICLE VI Non -Payment of Assessments Section 1. Delinquency and Remedies of Association. If any Assessment, or any portion thereof, is not paid on the date -11- when due, then such Assessment or portion thereof shall become delinquent and shall, together with interest and costs of collec- tion as provided hereinbelow, thereupon become a continuing lien on the Lot against which such Assessment was made as more partic- ularly described in Section 1 of Article V hereinabove. If the Assessment, or any portion thereof, is not paid within thirty (30) days after the delinquency date, a late charge of Ten Dol- lars ($10.00) may be levied by the Board and the Assessment shall bear interest from the date of delinquency at the then legal rate, and, in addition to all other legal and equitable rights or reme- dies, the Association may, at its option, bring an action at law against the Owner personally obligated to pay the same, and/or, upon compliance with the notice provisions set forth in Section 2 hereinbelow, to foreclose the lien against the Lot, and there shall be added to the amount of such Assessment or any portion thereof, and interest thereon, the late charge and all costs and expenses, including reasonable attorneys' fees, incurred by the Association in collecting the delinquent Assessment. Each Owner vests in the Association, its successors or assigns, the right and power to bring all actions at law or lien foreclosure against such Owner or other Owners for purposes of collecting delinquent Assessments. In lieu of judicially foreclosing the lien, the Asso- ciation, at its option, may foreclose such lien by proceeding under a power of sale as provided hereinbelow in Section 3, such a power of sale being given to the Association as to each and every Lot for the purpose of collecting delinquent Assessments. Section 2. Notice of Claim of Lien. No action shall be brought to foreclose the lien, or to proceed under the pow- er of sale, sooner than thirty (30) days after the date that a notice of claim of lien, executed by a duly authorized represen- tative of the Association, is recorded with the Orange County Recorder, said notice stating the amount claimed (which may include the late charge, interest and costs of collection, including reasonable attorneys' fees), a good and sufficient legal description of the Lot being assessed, the name of the record Owner or reputed Owner thereof, and the name and address of the Association as claimant. A copy of said notice of claim shall be deposited in the United States mail, certified or regis- tered and postage prepaid to the Owner of the Lot. Section 3. Foreclosure Sale. Any such sale under the power of sale provided for above shall be conducted in accordance _ with the provisions of Sections 2924, 2924b, and 2924c of the -;.'Civil Code of the State of California, applicable to the exercise of powers of sale in deeds of trust, or in any other manner per- mitted or provided by law. The Association, through its duly authorized agents, shall have the power to bid on the Lot at foreclosure sale, using Association funds or funds borrowed for such purpose, and to acquire and hold, lease, mortgage and convey the same. Section 4. Curing of Default. Upon the timely curing of any default for which a notice of claim of lien was recorded by the Association, any officer of the Association is hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting Owner of ' a fee to be determined by the Association but not to exceed a reasonable fee, to cover the costs of preparing and filing or recording such'rel'ease together with the payment of such other charges, costs, interest or fees as shall have been incurred. r -12- Section 5. Cumulative Remedies. The Assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for, all other rights and remedies which the Association and its successors and assigns may have hereunder and by law. Section 6. Subordination of the Lien to Deeds of Trust. The lien of the Assessments provided for herein shall be sub- ordinate to the lien of any deed of trust now or hereafter placed upon any of the Lots within Broadmoor Sea View subject to Assess- ment; provided, however, that such subordination shall apply only to Assessments which have become due and payable prior to a sale or transfer of such Lot pursuant to a decree of foreclosure, sale under a power of sale included in any such deed of trust, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such Lot from liability for any Assessment thereafter becoming due, nor from the lien of any such subsequent Assessment. Nothing in this Section shall be construed to release any Owner from his obligation to pay any Assessment levied pursu- ant to this Declaration. ARTICLE VII Architectural and Landscaping Control Section 1. Architectural Approval. No fence, wall, building, sign or other structure (including basketball stan- dards), or exterior addition to or change or alteration thereof (including painting) or landscaping, shall be commenced, con- structed, erected, placed, altered, maintained or permitted to remain on Broadmoor Sea View, or any portion thereof, until plans and specifications shall have been submitted to and, -approved in writing by an architectural committee, initially to be appointed by Declarant (the "Architectural Committee"). Said plans and specifications shall be prepared by a duly licensed architect or other person approved by the Architectural Committee, shall not be inconsistent with those certain Planned Community District Regulations, Broadmoor Pacific View, City of Newport Beach, Cali- fornia prepared by Raub, Bein, Frost & Associates, dated October 23, 1975, revised and approved January 12, 1976, and shall include where appropriate the following: (a) plot plans, showing the location.o£ all structures and showing grade elevations and drain- age; (b) building plans, including floor, foundation and roof plans, with all materials therefor; (c) exterior elevations and surfaces, and sections, structural design and salient exterior details; (d) general exterior color schemes; and (e) landscaping plans, showing type, location and elevation of trees, bushes, shrubs, plants, hedges and fences. Provided, however, that Declarant shall not be required to comply with any of the provisions of this Section 1. All such plans and specifications shall be submitted in writing over the signature of the Owner of the property or such Owner's authorized agent. Approval shall be based, among other things, on adequacy of site dimensions; adequacy of structural design and material; comformity and harmony of external design with neighboring structures; effect of location and use of improvements and landscaping on neighboring property, improvements, landscaping, operations and uses; relation of topography, grade and finished ground elevation of the property being improved to that of neigh- boring property; proper facing of main elevations with respect to nearby streets; preservation of view and aesthetic beauty with respect to fences, walls and landscaping, assurance of adequate -13- access to the Association in connection with the performance of its duties and the exercise of its powers hereunder; conformity with such rules and regulations as may be adopted by the Archi- tectural Committee in accordance with this Article; and conformity of the plans and specifications to the purpose and general plan and intent of this Declaration. In any event, the Architectural Committee shall have the right, but not the obligation, to require any Member to remove, trim, top, or prune any shrub, tree, bush, plant or hedge which such Committee reasonably believes materially obstructs the view of any Lot; provided, however, the view from any Lot or Unit may be partially obstructed by trees if such obstruction is approved by the Architectural Committee or Declar- ant, in their sole and absolute discretion; provided further that no structure of any type or exterior addition to or change or alteration thereof or landscaping shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain on Broadmoor Sea View which materially obstructs the view from•Lot 50 of Tract 9261. Section 2. Number of Members and Term of Architectural Committee A olnted b Declarant. The Architectural Committee s a 1 consist o not less than three nor more than five members. The Declarant shall have the right to appoint all of the members of the Architectural Committee and their replacements until the first anniversary of the issuance by the California Department of Real Estate of a public report •for Broadmoor Sea View (the "Anniversary Date"). After the Anniversary Date, the Declarant shall have the right to appoint a majority of the members of the Architectural Committee until ninety percent (908) or more of the r+� Lots within Broadmoor Sea View have been sold, or until the fifth Ti anniversary of the date of issuance by the California Department of Real Estate of the final subdivision public report for Phase 1 (the "Fifth Anniversary Date"), whichever shall first occur. After the Anniversary Date, the Board shall appoint all of the members of the Architectural Committee not appointed by the De- clarant. After ninety percent (90%) or more of the Lots within Broadmoor Sea View have been sold or after the Fifth Anniversary Date, whichever shall first occur, the Board shall appoint all of the members of the Architectural Committee. Those appointed to the Architectural Committee by the Board shall be Members; the Declarant, however, need not appoint Members to the Architectural Committee.. Section 3. Failure to Approve or Disapprove Plans and Specifications. In the event the Architectural Committee, or its representatives designated in accordance with Section 8 hereinbelow, fails to either approve or disapprove such plans and specifications within thirty (30) days after the same have been submitted to it, it shall be conclusively presumed that the Architectural Committee has approved such plans and speci- fications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in accordance with approved plans and specifications. Section 4. No Liability. Neither Declarant, the Asso- ciation, the Architectural Committee or the members or designated representatives thereof shall be liable in damages to anyone sub- mitting plans or specifications to them for approval, or to any Owner of property affected by this Declaration by reason of mis- take in judgment, negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications, or for -14- any defect in any structure constructed from such plans and spe- cifications. Such plans and specifications are not approved for.engineering design. Every person who submits plans or specifications to the Architectural Committee for approval agrees, by submission of such plans and specifications, and every Owner of any of said property agrees that he will not bring any action or suit against Declarant, the Association, the Architectural Committee or any of the members or designated.representatives thereof to recover any such damages. Section 5. Notice of Noncompliance or Noncomoletion. Notwithstanding anything to the contrary contained herein, after the expiration of (a) one (1) year from the date of issuance of a building permit by municipal or other governmental authority for any improvements or (b) one (1) year from the date of the commencement of construction within Broadmoor Sea View of any improvements, said improvements shall, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article VII; unless actual notice of such noncompliance or noncompletion, executed by the Architectural Committee or its designated representatives, shall appear of record in the office of the County Recorder of Orange County, California, or unless legal proceedings shall have been instituted to enforce compliance.or completion. -Section 6. Rules and Regulations. The Architectural Committee may from time to time, in its sole discretion, adopt, amend and repeal reasonable rules and regulations interpreting and implementing the provisions hereof and establishing reason- able architectural standards for Broadmoor Sea View. Section 7. Variances. Where circumstances such as topography, location of property lines, location of trees, con- figuration of Lots, or other matters require, the Architectural Committee, by the•vote or written consent of a majority of the members thereof, may allow reasonable variances as to any of the covenants, conditions or restrictions contained in this Declara- tion under the jurisdiction of such Committee, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement and development of Broadmoor sea View. Section 8. Appointment and Designation. The Archi- tectural Committee may from time to time, by a majority of the members thereof, delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qual- ified persons who shall have full authority to act on behalf of said Architectural Committee in all matters delegated. Section 9. Review Fee and Address. All plans and spe- cifications requiredgSection 1 hereof shall be submitted in writing for approval together with a reasonable processing fee. The address of the Architectural Committee is 17802 Irvine Bou- .1evard, Tustin, California, or such other place as may from time to time be designated by the Architectural Committee by a written instrument recorded in the office of the County Recorder of Orange County. The last instrument so recorded shall be deemed the Architectural Committee's proper address. Such address shall be the place for the submittal of plans and specifications and the place where the current rules and regulations, if any, of the Architectural Committee shall be kept. -15- Section 10. Inspection. Any member or agent of the Architectural Committee may from time to time at any reasonable hour or hours and upon reasonable notice enter and inspect any property subject to the jurisdiction of said Architectural Com- mittee as to its improvement or maintenance in compliance with the provisions hereof. ARTICLE VIII General Restrictions Section 1. Except as provided in Section 11 of Article XV hereof, no building, structure or improvement shall be con- structed, erected, altered, placed or permitted to remain on any' of the Lots within Phase 1 other than a residential dwelling and customary appurtenances designed for occupancy by not more than one Family. Section 2. Neither Broadmoor Sea View, nor any portion thereof, shall be used for any purpose tending to injure the repu- tation thereof, or to disturb the neighborhood or occupants of adjoining property, or to constitute a nuisance, or in violation of any public law, ordinance or regulation in anyway applicable thereto. Section 3. None of the Lots shall be used or caused to be used or allowed or authorized in any way, directly or indi- rectly, for any business, commercial, manufacturing, mercantile, storing, vending or other such nonresidential purposes. Section 4. Subject to the provisions of Section 3 of Article IV, the common Area shall be used for recreational, social, pedestrian and vehicular movement and other purposes authorized under this Declaration and such Supplementary Declar- ations as may be filed pursuant to the provisions of Article II hereof. The Board may from time to time designate parking areas within the Common Area to accommodate the parking of automobiles and other vehicles of Owners and their guests. Section 5. No projections of any type which are attached or affixed to any unit or any other building shall be placed or permitted to remain above the roof of any Unit or any other building with the exception of one or more chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or main- tained on any building or on any property within Broadmoor Sea View or connected in such manner as to be visible from the outside of any such building unless and until the same shall have been approved by the Architectural Committee. Section 6. No shed, tent or temporary building shall be erected, maintained or used on any property within Broadmoor Sea View; provided, however, that temporary buildings for use and used only for purposes incidental to the initial construction of improvements and dwellings on any portion of Broadmoor Sea View may be erected, maintained and used, provided that such erection, maintenance and use has been approved by the Architectural Com- mittee and provided further that said temporary buildings shall be promptly removed upon the completion of such construction work. Section 7. When garages are not in use, garage doors shall be,closed. Garages shall be used only for the purpose of -16- parking automobiles and storing -an owner's household goods. No open carport, if any, shall be used for the storage of any item other than an automobile. Section 8. No mobile home, boat, truck, trailer, recre- ational vehicle of any kind or similar equipment shall be kept, stored, parked (other than temporarily), maintained, constructed or repaired, on any property within Broadmoor Sea View in such a manner as to be visible from any neighboring property; provided, however, that the provisions of this Section shall not apply to emergency vehicle repairs. Temporary parking shall mean parking of vehicles belonging to guests of owners, delivery trucks, ser- vice vehicles and other commercial vehicles being used in the furnishing of services to the Association or the Owners and park- ing of vehicles belonging to or being used by Owners for loading or unloading purposes. Section 9. No privy shall be erected, maintained or used upon any portion of Broadmoor Sea View, but a temporary privy may be permitted during the course of construction of a building, provided that such erection, maintenance or use is approved by the Architectural Committee. Any lavatory, toilet or water closet which shall be erected, maintained or used upon any portion of Broadmoor Sea View shall be enclosed and located within a building permitted under this Declaration to be erected within Broadmoor Sea View, shall be properly connected with the sewer system and shall be so constructed and operated that no offensive odor shall arise or otherwise escape therefrom. Section 10. No animals, fowl, reptiles, insects or poul- try shall be kept within Broadmoor Sea Vier,, except that domes- tic reptiles, dogs, cats, birds and fish may be kept as house- hold pets upon said property, provided that they are not kept, bred or raised thereon for commercial purposes or in unreasonable quantities; All dogs permitted to.be kept by this Section shall be kept -on a leash within Broadmoor Sea View when not within an enclosed area of a Lot. Section 11. Except for a sign of customary and reason- able dimensions the area of which shall not exceed four (4) square feet and advertising a Lot for sale, such sign to be located on such Lot, no sign or other advertising device of any character shall be erected, maintained, or displayed upon any portion of Broadmoor Sea View; provided, however, that Declarant, its agents and designees, may erect and maintain such signs and other advertising devices or structures as it may deem necessary or proper in connection with the conduct of its operations for the development, improvement, subdivision and sale of the Lots within Broadmoor Sea View. Section 12. No weeds, rubbish, debris, objects or mate- rials of any kind shall be placed or permitted to accumulate upon any property within Broadmoor Sea View which render such property unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity. Trash, garbage, rubbish and other waste shall be kept only in sanitary containers. All service yards or ser- vice areas, clothesline areas, sanitary containers and storage piles on any property within Broadmoor Sea View shall be enclosed or fenced in such a manner tht such yards, areas, containers and piles will not be visible from any neighboring property or street. Sanitary containers may be set out for a reasonable period of time before and after scheduled trash pick-up times. -17- Section 13. No plants or seeds infected with noxious insects or plant diseases shall be brought upon, grown or main- tained upon any part of Broadmoor Sea View. Section 14. No noxious or offensive activity shall be carried on upon any property within Broadmoor Sea View, nor shall any thing be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood. Section 15. All buildings and other structures upon Broadmoor Sea View and each portion thereof shall at all times be maintained in good condition and repair and well and properly painted. No windows shall be covered with aluminium foil or similar material. Windows may be covered with other material approved by the Architectural Committee. Section 16. No structure, planting or other material shall be placed or permitted to remain or other activities undertaken on any slope area or any other area within Broadmoor Sea View which might damage or•interfere with established slope ratios, create erosion or sliding problems, or interfere with established drainage systems or patterns. Any area drains, gut- ters, downspouts, berms, swales and other drainage facilities and systems not maintained by the Association shall be maintained by the Owner thereof in a neat, orderly and safe condition and in such a manner as to facilitate the orderly discharge of water by means of same. Section 17. All landscaping of every kind and character, including shrubs, trees, grass and other plantings shall be ncatll trimmed, properly cultivated and maintained continuously by the Owner thereof, other than such landscaping within a Lot maintained by the Association, in a neat and orderly condition and in a manner to enhance its.appearande. •Section 18. During reasonable hours and after reason- able notice, Declarant or any agent thereof, so long as Declar- ant is an Owner of at least twenty-five percent (25%) of the Lots, or the Association, shall have the right to enter upon and inspect Broadmoor Sea view or any portion thereof and the improvements thereon for the purpose of ascertaining whether or not the provi- sions of this Declaration are being complied with•and shall not be liable for or deemed guilty of trespass by reason thereof. Section 19. Each Member shall be liable to the Associa- tion for any damage to the Common Area or to the Maintenance Area or to any of the equipment or improvements thereon which may be sustained by reason of the negligence or willful misconduct of said Member or of his Family, relatives, guests or invitees, both minor and adult. Section 20. No Owner of any Lot ("Adjacent Lot") within Broadmoor Sea view which is adjacent to a structural wall, or por- tion thereof, of a Unit situated upon an adjoining Lot ("Adjoining Lot") shall affix an object or device of any kind to such struc- tural wall, or portion thereof, without the prior written con- sent of the Owner of such wall. The Owner of the Adjoining Lot shall have the right, at reasonable times, in a reasonable man- ner, and upon reasonable notice to enter upon the Adjacent Lot for the purpose of maintaining, repairing or restoring said structural wall of his Unit. -18- Section 21. As used herein, the term "drainage pattern and system" includes but is not necessarily limited to, under- ground drain pipes and patterns of drainage over Lots or Common Area and roofs from and to adjoining properties and improvements. The Owner of each Lot or Common Area shall have the right to use the established drainage pattern and system for the purpose of draining his Lot or Common Area and improvements thereon; pro- vided that such right of drainage shall not include the right to discharge noxious or offensive matter. Water from any Lot or Com- mon Area and the improvements thereon may drain or flow into adja- cent streets. Water shall not be allowed to drain or flow on to adjacent Lots or Common Areas except to the extent provided for by the established drainage pattern and system. All slopes or terraces on any Lot or Common Area shall be -maintained as pro- vided herein so as to prevent any erosion thereof upon adjacent streets or adjoining property. Section 22. No property within Broadmoor Sea View shall be used in any manner to explore for or to remove -any water (except the sump pump referred -to in Section l(c) of Article IX hereinbelow), oil or other hydrocarbon minerals of any kind, gravel, earth or any earth substance or any other mineral of any kind. No machinery or equipment of any kind shall be placed, operated or maintained upon any Lot, except such machinery or equipment as is usual and customary in connection with the use or maintenance of a private residence. Section 23. None of the restrictions contained within' this Article shall limit or be deemed to limit the rights of Declarant provided for in Section 11 of Article XV hereof. ARTICLE IX Duties and Powers of the Association Section 1. General. In addition to the duties and powers enumerated in its Articles and By -Laws, or elsewhere pro- vided for herein, and without limiting the generalties thereof, the Association shall, except as provided in Section 2(f) hereinbelow: (a) Maintain, or cause to be maintained, substan- tially as originally improved by Declarant or as may be further improved or modified with the consent of the Architectural Com- mittee and the Board, the landscaped slope areas ("Landscaped Slope Control Areas") more particularly described in the Slope Control Areas Easement Plan attached hereto as Exhibit "C" and incorporated herein by reference and all landscaping and improve- ments therein (including drainage or irrigation facilities and systems), in a neat, safe, sanitary and orderly condition (includ- ing the repair and replacement of landscaping and improvements when necessary or appropriate) and in such a manner as to enhance their appearance and to preserve established slope ratios, prevent erosion and sliding problems, and facilitate the orderly discharge of water through established drainage systems. (b) Maintain, or cause to be maintained, in a nat- ural condition or as may be improved or modified with the consent of the Architectural Committee and the Board, the natural slope areas ("Natural Slope Control Areas") more particularly described in the Slope Control Areas Easement Plan attached hereto as Exhibit .-19- "C" (including any drainage or irrigation facilities and systems) in such a manner as to preserve established slope ratios, prevent erosion and sliding problems, facilitate the orderly discharge of water through established drainage systems and as to prevent nox- ious or dangerous weeds, sage brush, chaparral or any other brush or weeds from attaining such growth as to become, when dry, a fire menace or public nuisance. (c) Maintain, or cause to be maintained, the sump pump located in Lot 17 of Tract 9260 in}good repair, condition and working order. The Association, in addition to maintaining the sump pump as aforesaid, shall pay all electrical fees and charges incurred in connection with the operation of said sump pump. (d) Maintain, or cause to be maintained, substan- tially as originally improved by Declarant or as may be further improved or modified with the consent of the Architectural Com- mittee and the Board, the area.described in Exhibit "D" attached hereto and incorporated herein by reference as a Maintenance Area and all landscaping and improvements thereon (including drainage and irrigation facilities and systems) in a neat, safe, sanitary and orderly condition (including the repair and replacement of landscaping and improvements when necessary or appropriate) and in such a manner as to enhance its appearance. Said area shall be maintained as aforesaid until such time as the.City of Newport Beach, or any other governmental body or•agency, assumes said . maintenance obligation. (6) Subject to the provisions of the Article hereof entitled "Insurance", maintain such policy or policies of insurance as the Board deems necessary or desirable in furthering the pur- poses of and protecting the interests of the Association and its Members. (f) Establish and maintain a working capital and contingency fund in an amount to be determined by the Board. (g) Enforce the provisions of this Declaration by appropriate means, including without limitation, the expenditure of funds of the Association, the employment of legal counsel, the commencement of actions, and the promulgation of the Association Rules.by the Association. (.h) Own, lease, maintain, control and otherwise manage, or cause to be managed, in a neat, safe, attractive, sanitary and orderly condition, the Common Area and all facili- ties,.improvements, walls, fencing, buildings, fire hydrants, utility facilities, parking areas, drainage facilities and land- scaping thereon and thereunder, including (subject to the provi- sions of the Article hereof entitled "Destruction of Common Area Improvements") the reconstruction, repair or replacement thereof when necessary or appropriate, and all other real or personal property acquired by the Association. (i) Maintain, or cause to be maintained, all slope areas within any Common Area (including any drainage or irriga- tion facilities or systems located thereon), the maintainance of which is not otherwise provided for in Sections 1(a) or 1(b) above or in any Supplementary Declaration recorded in accordance with Article II hereof, in a neat, orderly, safe and sanitary condi- tion (including .the repair and replacement of landscaping and improvements when -necessary or appropriate) and in such a manner -20- as to enhance their appearance, maintain and preserve established slope ratios, prevent erosion or sliding problems and to facili- tate the orderly discharge of water through established drainage systems and patterns. Any natural slope areas within any Common Area shall be maintained additionally in a natural condition and in such a manner as to prevent noxious, or dangerous weeds, sage- brush, chaparral or any other brush or weeds from attaining such growth as to become, when dry, a fire menace or public nuisance. (j) Maintain, or cause to be maintained, such Maintenance Areas as may be established from time to time by this Declaration or by any Supplementary Declaration of Cove- nants, Conditions and Restrictions recorded in accordance with Article II hereof or by contract between the Association and Declarant or any public entity, specifically including those provided for in Article X hereof. (k) Pay any real and personal property taxes and other charges assessed against the Common Area unless separately assessed to the Owners. (1) Obtain, for the benefit of all of the Common Area, all water, gas and electric services and refuse collections. (m) Subject to the limitations of Section 3(d) of Article IV hereof, grant easements where necessary for utilities and sewer facilities over the Common Area to serve Broadmoor Sea View. (n) Contract and pay for cable television service for the benefit of all the Lots within Broadmoor Sea View if Cable Television Service Assessments are approved in Accord.;aoe with Section 6 of Article V hereof. (o)- The Association shall maintain, or cause to be maintained, substantially as originally constructed by Declarant, or as may be modified with the consent of the Architectural Com- mittee and the Board, the brick and exterior portions of the con- crete retaining walls, more particularly described in Section 2(f) hereinbelow, in a neat, safe, sanitary and orderly condition (including the repair and replacement of said brick and the paint- ing of said exterior portions'when necessary or appropriate) and in such a manner as to enhance their appearance. .. Section 2. Maintenance Areas and Owner Maintenance Limitations. (a) To the extent not covered by insurance carried by the Association, the cost of any•Landscaped or Natural Slope Control Areas (collectively "Slope Control Areas") maintenance services required to be performed by the Association in accor- dance with section 1 hereinabove within Broadmoor Sea View which are caused by earthquake, fire, acts of God, riot, civil insurrec- tion or by any other, cause, except ordinary wear, tear, or dete- rioration or the negligence or willful misconduct of the Associ- ation in the performance or nonperformance of its duties under this Declaration, shall be borne by.the Owner for whose benefit the maintenance services were performed. (b) The cost of any Slope services required to be performed by the dance with Section 1 hereinabove within are caused by the negligence or willful -21- Control Areas maintenance Association in accor- Broadmoor Sea View which misconduct of any Owner, or his Family, relatives, guests or invitees, both minor and adult, shall be borne entirely by such Owner. (c) No Owner shall provide or cause to be provided any of •the maintenance services required to be performed by the Association in accordance with Section 1 hereinabove unless the Board approves the Owner's performance of such services. (d) Any of the costs required to be paid by an Owner hereunder, if not timely paid, shall be a Special Assessment. (e) No trees, shrubs, plants or other landscaping shall be installed by any Owner upon any Slope Control Areas without the prior written consent of the Architectural Committee and the Board. Any such approved trees, shrubs, plants, or other landscapingi shall be maintained by the Owner thereof at his own cost and expense entirely in a neat, safe, sanitary and orderly condition and in such a manner as to enhance their appearance and to preserve established slope ratios, prevent erosion and sliding problems, and facilitate the orderly' discharge of water through established drainage systems and patterns, provided, however, upon approval of the Board, such maintenance and/or the cost and expense thereof may be assumed by the Association upon such reasonable terms and conditions as the Board may determine. (f) Each•Owner shall maintain, or cause to be main- tained, substantially as originally constructed by Declarant or as thereafter modified with the consent of the Architectural Com- mittee and the Board, all portions of any retaining wall within the Landscaped Slope Control Areas on his Lot not maintained by the Association pursuant to Section 1(o) of this Article X. Each Owner shall maintain, or cause to be maintained, that portion of any Slope Control Area on his Lot lying between the back of any retaining wall constructed upon such Lot by Declarant and the boundary of such Slope Control Area as shown on the Slope Con- trol Areas Easement Plan attached hereto as Exhibit "C" and all landscaping and improvements thereon (including drainage and irrigation facilities and systems) in a neat, safe, sanitary and orderly condition (including the repair and replacement of land- scaping ano improvements when necessary or appropriate) and in such a manner as to enhance such portion's appearance. Each Owner shall maintain or cause to be maintained, substantially as originally constructed by Declarant or as may be modified with the consent of the Architectural Committee and the Board, the wrought -iron fencing on top of any such retaining wall in a neat,•safe, sanitary and orderly condition (including the repair, replacement, and painting of such wrought -iron fencing when necessary or appropriate) and in such a manner as to enhance its appearance. Section 3. Use of Agent. The Board may employ a manager or other persons.and may contract with independent contractors or managing agents to perform all or any. part of the duties and responsibilities o,f the Association, provided that any contract with a person or firm appointed as a manager or managing agent shall be terminable by the Association for cause upon thirty (30) days written notice thereof and shall be limited to a duration of one (1) year, except the contract may be renewable for succes- sive one-year periods with the approval, for each such period, by vote or written consent of Members entitled to exercise not less than a majority of the voting power of the Association. -22- Section 4. Association Rules. The Association shall have the power, as provided in the By -Laws, to adopt, amend and repeal Association Rules. The Association Rules shall govern such matters in furtherance of the purposes of the Association as the Board shall deem appropriate, including, without limita- tion, the use and enjoyment of the Common Area and facilities thereon, if any; provided, however, that the Association Rules .may not discriminate among Members and shall not be inconsistent with this Declaration, the Articles or By -Laws. A copy of the Association rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner and a copy shall be posted in a conspicuous place within the Common Area. Upon such mailing or delivery and post- ing, the Association Rules shall have the same force and effect as if they were set forth in and were part of this Declaration. In the event of any conflict between any such Association Rules and any other provisions of this Declaration, the Articles or the By -Laws, the provisions of the Association Rules shall be deemed to be superseded by such other provisions to the extent of any such inconsistency. Section 5. ;ntry and Emergency Powers. The Association or any person authorized by the Association may enter any Got in the event of any emergency involving illness or potential danger tolife or property, or in nonemergency situations, after reason- able notice and at reasonable hours, for the purpose of perform- ing its duties and exercising its powers as set forth in thit Declaration (including entry when necessary in connection with construction, maintenance, or repair for the benefit of the Com- mon Area or the Owners in Ce�imon). Any damage caused by said entry shall be repaired at the cost of the Association. Section 6. NoLice to First Beneficiaries. The As50Ci- ation shall, at the written request of First Beneficiaries, give written notification to such beneficiaries of any default by an Owner in the performance of said Owner's obligations under this Declaration, provided the performance of such obligation has been in default for at least thirty (30) days. Any First Beneficiary shall, upon written request to the Association, be entitled to (i) receive the annual audited financial statements of the Asso- ciation ninety'(90) days following the end of the Association's fiscal year and (ii) receive written notice of all annual and special meetings of the Members and, further, First Beneficiaries shall be entitled to designate a representative to attend all such meetings. Thirty (30) days prior to the effectuation of any of the following matters, the Association shall give written notice thereof to each First Beneficiary: (a) abandonment or ter- mination of Broadmoor Sea View or the Association, (b) any amend- ment to the Declaration, By -Laws or Articles requiring the consent Of such First Beneficiary, and (c) any decision by the Association to terminate any managing agent or other person provided for in Section 3 of this Article IX and the assumption by the Association of self -management of Broadmoor Sea View. The Association shall give timely written notice to First Beneficiaries of any substan- tial damage to or destruction of, and of any eminent domain or condemnation proceeding affecting, any Lot or Unit or any part of the Common Area and facilities thereon. - Section 7. Books and Records. The Association shall allow First Beneficiaries to examine the books and records of the Association at all reasonable times during normal business hours. -23- Section 8. Sales of Association Property. No property of the Association shall, during any fiscal year, be sold which has an aggregate fair market value greater than five percent (58) of the budgeted Common Expense for such fiscal year without the vote or written consent of a majority of the Class A Members. ARTICLE X Easements Section 1. Slope Control Areas and Common Area. There shall be granted to the Association over the slope Control Areas an easement or easements for purposes of maintenance of said' Slope Control Areas in accordance with the provisions of Section 1, Article IX hereinabove, together with a license in favor of the Association, its agents and representatives, to traverse upon such additional contiguous property as shall be necessary to gain access to the Slope Control Areas over whichsaid easement or easements have been granted and to gain acce,ss to any Common Area. Each Owner agrees, for himself and his heirs, successors, execu- tors, administrators and assigns, that he will permit free access by the Association and its authorized agents and representatives. for the purpose of exercising its rights and duties with respect to the Slope Control Areas and Common Area. The Association shall have the right to alter, trim and otherwise modify and to maintain trees, plants, shrubs and other landscaping on the Slope Control Areas and no Owner shall alter, trim or remove trees, plants, shrubs or landscaping on the Slope Control Areas without the prior written approval of the Board. Section 2. Encroachments. Declarant shall grant to each Owners a Lot an easement over all adjoining property (including Lots and Common Area) for the purpose of: (a) accommodating trellises, eaves, overhangs, and other similar projections created during the original construc- tion of Broadmoor Sea View or the, reconstruction or repair of a Unit in accordance with plans and specifications approved by the Architectural Committee; (b). accommodating minor encroachments due to ori- ginal engineering or surveying errors, errors in original con- struction, errors in reconstruction or repair in accordance with the plans and specifications approved by the Architectura•1 Com- mittee,•or settlement or shifting or movement of a building or other structure; (c) maintaining, repairing and reconstructing such trellises, eaves, overhangs, projections and encroachments; and (d), accepting water from drainage patterns and systems referenced, but not by way of limitation, in Section 21 of Article VIII. ' Each Owner agrees, for himself and his heirs, successors, execu- tors, administrators and assigns, and the Association agrees, for itself and its successors and assigns, that each will permit free access, at reasonable times and upon reasonable notice, by each Owner for whose benefit an easement shall be granted hereunder for the purpose of exercising his rights with respect to such maintenance, repair and/or reconstruction. -24- Section 3. Sideyards. (a) Creation of Easements. Each Lot within Phase 1 (except Lots 2, 11, 20, 22, 24, 33,•34, 44, 53 and 61) shall have an easement created thereon by grant or reservation approximately four (4) feet in width (provided, however, that such easements on Lots 1 and 12 shall be five (5) feet in width), extending from the front lot line to the rear lot line thereof, as more particularly shown and described on the Sideyard Easement Plan attached hereto as Exhibit "E" and incorporated herein by reference, for the bene- fit of the Lot (including Lots 2, 11, 20, 22, 24, 33, 34, 44, 53 and 61) adjoining and abutting said easement. (b) Terms and Conditions of Use. Each such easement shall be used and enjoyed subject to the following terms and conditions: (i) The easement shall be used only -as a gen- eral recreational and garden area by the Owner of the Lot adjoin- ing and abutting the easement, and each such Owner shall have the right to enter upon the easement area for such purpose. Such pur- pose shall include the right of such Owner to (a) construct upon the easement area an uncovered concrete patio and a wall, pro- vided said wall shall be equal distance at all points from the structural wall of the abutting Unit and shall not be closer than three (3) feet to the structural wall of said Unit; provided, however, such Owner shall have the right to construct a wall upon the easement area which is closer than three (3) feet to the structural wall of the abutting Unit so long as such wall is perpendicular to such structural wall and such Owner provides for drainage under such wall, and (b) establish and maintain a land- scaping and irrigation system thereon; provided such patio, wall and system shall first be'approved by the Architectural Committee. The easement area•and every part thereof, including the drainage system established by Declarant as part of the grading and original construction upon Phase 1, shall be maintained continuously in a neat and orderly condition by such Owner. (ii) The Owner of the Lot on which the ease- ment is located shall have the right, at reasonable times, upon reasonable notice and in a reasonable manner, to enter upon the easement area for the purpose of maintaining, repairing or restor- ing the structural wall of his Unit, the structure of which it is a park, and the fence owned by him which adjoins and abuts the easement. (iii) No storage of any kind shall be permitted on the easement, nor shall any object or device of any kind be affixed to the structural wall or fence adjoining and abutting the easement• without the prior written consent of the owner of such wall or fence. (iv) Except for the fences and structures established by Declarant as part of the original construction upon Phase 1, and except as authorized by Section (b)(i) here- inabove, no fence or other structure of any kind shall be con- structed within, upon or adjacent to the easement; provided, however, that an Owner of a Lot may construct a rear -yard fence (which shall be first approved by the Architectural Committee) which may intersect with the easement area. (v) No planting or other material or autho- rized structure (including patios) shall be constructed, altered, placed or permitted to remain upon the easement area which may -25- change the direction of flow of the drainage system established by Declarant as part of the grading of and original construction upon Phase 1 or which may obstruct, interfere or retard the flow of water through such system. The Owners of each Lot within Phase 1 shall have the right to use the drainage system established within the easement adjoining and abutting their Lots for the purpose of draining their Lots (including atriums-); provided that such right of drainage shall not include the right to discharge noxious or offensive matter. (vi) No use of the easement shall be made except as provided hereinabove. •'' , ARTICLE XI Reservation of Easements by Declarant Section 1. tion, ma Utilities. Easements over Broadmoor Sea he instal View for tlaintenance, service, repair, recon- struction and replacement of electric, telephone, cable televi- sion, water, gas, sanitary sewer lines and drainage facilities as shown on the recorded tract maps and parcel maps of Broadmoor Sea View, are hereby reserved by Declarant, together with the right to grant and transfer the same. Section 2. Common Area. There is hereby reserved by Declarant, including without limitation its sales agents and representatives and prospective purchasers of Lots, together with the right in Declarant to grant and transfer the same, over the Common Area as the same may from time to time exist, easements for.construction, display, sales offices and inci- dental parking'and exhibit purposes in connection with the construction, development and sale of Units and Lots within Broadmoor Sea View and for such other purposes and subject to such limitations as may be provided in Section 11 of Article xV; provided however, that such use by Declarant and others shall not unreasonably intere£ere with the reasonable use and enjoy- ment of the Common Area by the Members. Section 3. Discharge of Rights and Obligations. There is hereby reserved by Declarant, together with the right to grant and transfer the same, easements over Broadmoor Sea View for the purpose of permitting the Association, the Board, the Architectural Committee, Declarant and others to discharge their rights and obligations as described in this Declaration. Section 4. Cable Television. There is hereby reserved to Declarant over Broadmoor Sea View the right to place on, under or across Broadmoor Sea view transmission lines and other facil- ities for a community antenna television system, together with the right to grant and transfer said right and such lines and facilities and together with the right to enter upon Broadmoor Sea View to service, maintain, repair, reconstruct and replace said lines or facilities; provided, however, that the exercise of such rights does not unreasonably interfere with any Owner's reasonable use and enjoyment of his Lot. -26- Section 1. Types. The Association shall obtain, if available, and continue in effect full coverage blanket public liability insurance, casualty insurance and fire insurance with extended coverage endorsement, including vandalism and malicious mischief coverage, in an amount equal to one hundred percent (100%) of the full insurable replacement value (replacement cost new, including debris removal and demolition) of the Common Area and the landscaping, facilities and improvements upon any Main- tenance Area (including the Slope Control Areas) required to be maintained by the Association, and with clauses waiving subroga- tion against Owners and the Association and persons upon Broadmoor Sea View with the permission of a Member. Such insurance shall be maintained by the Association for the benefit of the Association. As to each of said policies which will not be voided or impaired thereby, the Owners hereby waive and release all claims against the Association, the Board, the Declarant and agents and employ- ees of each of the foregoing, with respect to any•loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but only to the extent of insurance proceeds received in compensation for such loss. The Association may purchase such other insurance as it may deem necessary. The Board shall annually determine whether the amounts and types of insurance it has obtained provide adequate coverage as required hereunder. Section 2, improvements on Lots. (a) If authorized by three -fourths (3/4) of all the Owners by vote or written consent, the Board shall obtain and pay for, out of the Regular Assessments and as a Common Expense, a blanket fire insurance policy, insuring all of the improvements on the Lots,in an amount not less than one hundred percent (100%) of the full replacement value (replacement cost new including debris removal and demolition) of all said improvements. Such insurance shall contain clauses waiving subrogation against Owners and the Association and persons upon Broadmoor Sea View with the permission of a Member. Any such insurance coverage shall be for the benefit of the Lot Owners and each of them and any benefi- ciary of any deed of trust affecting said Lots or the Association as their interests shall appear, within three (3) days after it• has obtained such an insurance policy the Board shall give each Lot Owner written notice thereof. Within fifteen (15) days thereafter each Lot Owner shall execute any and all documenta- tion necessary to effectuate fully said coverage with respect to his Lot. As to each of said policies which will not be voided or impaired thereby, the Lot Owners hereby waive and release all claims against the Association, the Board, the Declarant and agents and employees of each of the foregoing, with respect to any loss covered by such insurance, whether or not caused by negligence of or breach of any agreement by said persons, but only to the extent of insurance proceeds received in compensa- tion for such loss. The Board shall annually determine whether the amounts and types of insurance it has obtained provide ade- quate coverage as required hereunder. (b) In the event of damage or destruction by fire or other casualty covered by insurance in accordance with Sec- tion 2(a) hereinabove affecting the improvements on any Lot, the Board.on behalf of the Owner or Owners thereof shall cause the _27_ same to be repaired or reconstructed as soon as reasonably pos- sible and substantially in.accordance with the original plans and specifications therefor. The Board shall obtain bids (including an obligation to obtain a performance bond) from two or more responsible contractors. If the Board fails to do so within ninety (90) days after casualty occurs, the affected Owner or.Owners may obtain such bids. Within said ninety (90) day period, the Owner or Owners of the damaged or destroyed improvements may submit two additional bids to the Board. (c) The Board shall levy a Reconstruction Assess- ment against the Lot Owner of said damaged or destroyed improve- ments, due and payable on a date fixed by the Board, to make up any deficiency between the total insurance proceeds available for reconstruction and repair, and the cost of such reconstruc- tion and repair. Insurance proceeds available for reconstruction shall include any proceeds payable to beneficiaries of deeds of trust covering the damaged or destroyed improvements which said beneficiaries have agreed in writing tp commit to reconstruction. Should the Owner of the damaged or destroyed improvements fail to pay said Assessment in full within thirty (30) days after the due date, the Board shall not be obligated to repair or recon- struct such improvements until such time as the Assessment is paid in full. The Board may proceed to collect said Assessment in accordance with Article V hereof. Upon payment of the Assessment, the Board shall award the reconstruction or repair work to the lowest responsible bidder. (d) All insurance proceeds not required to perform said reconstruction and repair work shall be distributed to the Owner of the damaged or destroyed improvements and to the bene- ficiaries under any deeds of trust of said Owner as their inter- est shall appear. (e) Any damaged or destroyed improvements shall be restored so that the exterior appearance thereof substantially resembles their appearance in form and in color prior to such damage and destruction. Notwithstanding the foregoing, any Owner of such damaged or destroyed improvements may within thirty (30) days after the casualty -occurs request permission from the Board and the Architectural Committee to have such improvements• reconstructed or repaired in accordance with new or changed plans and specifications which shall be submitted with said request. The Board and the Architectural Committee shall grant such request only in the event that the proposed change is generally consistent with the plan of development hereof. In the event that the Board and the Architectural Committee fail to approve or disapprove such request within thirty (30) days, it shall be conclusively presumed that the Board and the Architectural Committee have granted approval of the plans and specifications. (f) All insurance proceeds payable as a result of damage or destruction to any improvements shall be paid to a bank pr trust company to be held in trust for the benefit of the Owners and their beneficiaries under their deeds of trust and the Asso- ciation as their interests shall appear. The Board is authorized on behalf of the Owners to enter into an agreement with such trustee relative to its powers, duties and compensation. (g) Nothing herein contained shall be deemed to require a First Beneficiary to commit to reconstruction any insurance proceeds payable to such beneficiary. j -28- Section 3. Premiums and Proceeds. Insurance premiums for any such blanket insurance coverage obtained by the Associa- tion pursuant to Sections 1 and 2 of this Article and any other insurance deemed necessary by the Association shall be a Common Expense'to be included in the Regular Assessments levied by the Association. Insurance proceeds shall be used by the Association for the repair or replacement of the property for which the insur- ance was carried, or otherwise disposed of as provided in the Article entitled "Destruction of Common Area Improvements" in this Declaration and Section 2 of this Article XII. The Board is hereby granted the authority to negotiate loss settlements with the appropriate insurance carriers. A majority of the Board may sign a loss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on the Association and the Members. ARTICLE XIII Destruction of Common Area Improvements In the event oP partial or total destruction of improve- ments upon any Common Area, it shall be the duty of the Association to restore and repair the same to their former condition as promptly as is practical and in a lawful and workmanlike manner. The pro- ceeds of any insurance maintained pursuant hereto shall be used for such purpose, subject to the prior rights of beneficiaries of deeds of trust whose interests may be protected by sa-id policies. In the event that the amount available from the proceeds of such insurance policies for such restoration and repair shall be at least eighty-five percent (85%) of.the estimated cost of restora- tion and repair, a Reconstruction Assessment, with each Owner con- tributing a like sum, may be levied by the Association to provide the necessary funds for such reconstruction and repair, over and above the amount of any insurance proceeds available for such purpose. In the event that the amount available trom the proceeds of such insurance policies for such restoration and repair shall be less than eighty-five percent (85%) of the estimated cost of restoration and repair, the improvements shall not be replaced or restored unless approved by the vote or written consent of Members entitled to exercise two-thirds (2/3) of the voting power of the membership of the Association. In the event of a determination not to replace or restore the improvements on the Common Area, and provided that in the event of such determination the Associ- ation shall obtain the additional written consent of three -fourths (3/4) of First Beneficiaries, the Common Area shall be cleared and landscaped for community park use; provided, however, that there shall exist in such Common Area adequate vehicular and pedestrian rights -of -way for the Owners of Lots to insure legal access there- to, and the costs•thereot shall be paid for with the insurance proceeds, and any deficiency may be raised by the levy of uniform Reconstruction Assessments in an amount determined by the Board. In the event any excess insurance proceeds remain, the Board shall retain such sums in the general funds of the Association. -29- PA". ARTICLE XIV Eminent Domain Common Area The term "taking" as used in this Article shall mean con- demnation by eminent domain or sale under threat of condemnation. In the event of a threatened taking of all or any portion of the Common Area, the Members hereby appoint the Board and such persons as the Board may delegate to represent all of the Members in con- nection with the taking. The Board shall act in its sole discre- tion with respect to any awards being made in connection with the taking and shall be entitled to make a voluntary sale to the con- demnor in lieu of engaging in a condemnation action. Subject Eo the prior rights of beneficiaries of deeds of trust, if any, any awards received on account of the taking shall be paid to the Association. In the event of a taking of less than all of the Common Area, the rules as to restoration and replacement of the Common Area and the improvements thereon shall apply as in the case of destruction of improvements upon the Common Area. In the event of a total taking, the Board shall retain any award in the general funds of the Association. ARTICLE XV General Provisions Section 1. Duration. The covenants, conditions, re- strictions, easements, reservations, liens and charges of this Declaration shall run with and bind the property within Broadmoor Sea View and shall inure to the bepefit of and be enforceable as provided herein by the Association, or the Owner, including ' Declarant, of any Lot subject to this Declaration, their respec- tive legal representatives, heirs, successors and assigns, and are imposed upon the real property within Broadmoor Sea View as a servitude in favor of each and every parcel of land therein as a dominant tenement, for a term of sixty (60) years from the date this Declaration is recorded, after which time said covenants, conditions, restrictions, easements, reservations, liens and charges shall be automatically extended for successive periods bf ten (10) years, unless an instrument in writing, signed by a majority of the then Owners of the Lots, has been recorded with the Orange County Recorder, agreeing to change said cove- nants, conditions and restrictions in whole or in part. In the event a Lot is owned by more than one Owner, any one of the co -Owners may sign such instrument in writing on the behalf of all co -Owners. Section 2. Amendment. This Declaration may be amended only by an instrument in writing signed by not less than the Owners of three -fourths (3/4) of the Lots of the Class A Members and three -fourths (3/4) of the Lots of the Class D Member; pro- vided, however, that Section 3(a) and (d) and Section 5 of Article IV, Article V, Section 6 of Article VI, Sections 1 and 4 of Article VII, Sections 3, 6 and 7 of Article IX, Section 2 of Article X, Section 2 of Article XI, Article XII, Article XIII, Article XIV and Sections 2, 3, 4(a),.4(c), 6, 11 and 14 of Arti- cle XV shall not be amended without the written consent of three - fourths (3/4) of the First Beneficiaries. Any amendment must be properly recorded. In the event a Lot is owned by more than one -30- Owner, any one of the Co -Owners may sign such instrument in writ- ing on behalf of all Co -Owners. Section 3. Notices. Any notice required to be sent to any Member or der or First Beneficiary under the ,provisions of this Declaration shall be in writing and shall be deemed to have been properly sent when delivered personally or mailed, postage prepaid, if to an Owner or Member, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing and if to a First Beneficiary to the address furnished to the Associa- tion by such beneficiary for purposes of notice or if no such address is furnished to any office of the First -Beneficiary in the County of Orange, or if no such office is located in said County, to any.office of the First Beneficiary. In the case of ,Co -Owners, any such notice may be delivered or sent to any one of the Co -Owners. Section 4. Enforcement. - (a) The Association of the Owner of any Lot, in- cluding Declarant, shall have the right to enforce by proceed- ings at law or in equity all covenants, conditions, restrictions, easements, reservations, liens and charges now or hereafter im- posed by this Declaration, as amended and supplemented, the Arti- cles and By -Laws, including without limitation the right to pros- ecute a proceeding at law or•in•equity against the person or per- sons who have violated or are attempting to violate any of these covenants, conditions, restrictions, easements, reservations, liens or charges to enjoin or prevent them from doing so, to cause said violation to be remedies and/or to recover damages for said violation. (b) "Should any Owner fail to comply with the provi- sions of Article VIII hereof and should any such failure continue for a period of thirty (30) days following written notice of such failure from the Association to the Owner, the Association shall have the right, but not the duty, to correct any such noncompliance, and the cost thereof shall be borne by such Owner. In the event such costs are not paid to the ,Association within thirty (30) days after the Association has furnished a statement therefor, the Asso- ciation shall have the -right, but not the duty, to levy a Special Assessment against such Owner to cover the costs of correction, if any, of such noncompliance. No one or more failures or refusals by the Association to accomplish such compliance which an Owner shall have failed to perform shall be deemed a waiver of the right in the Association to perform such work at a later time as to the same or different work or compliance. (c) The result of every action or omission whereby any covenant, condition, restriction, easement, reservation, lien or charge herein contained is violated in whole or in part is hereby declared to be and to constitute a nuisance, and every remedy allowed by law or equity against an Owner, either public or private, shall be applicable against every such result and may be exercised by the Association or any Owner, including Declarant, subject to these restrictions. -31- (d) In any legal or equitable proceeding for the enforcement or to restrain the violation of these covenants, conditions, restrictions, easements, reservations, liens or charges or ainy provisions hereof, the losing party or parties shall pay the attorneys' fees of the prevailing party or parties in such amount as may be fixed by the court in such proceedings. All remedies provided herein or at law or in equity shall be cumulative and not exclusive. (e) Failure by the Association or by any Owner to enforce any covenant, condition or restriction,'easement, reserva- tion, lien or charge herein contained shall in no event be deemed a waiver of the right to do so thereafter. (f) Nothing contained herein shall be deemed to require Declarant to enforce any covenant, condition, restric- tion, easement, reservation, lien, charge or provision hereof. Section 5. Severability. Invalidation of any one of these covenants, coneitions, restrictions, easements, reserva- tions, liens or charges by judgment or court order shall not in any way affect any other provisions, which shall remain in full force and effect. Declarant makes no warranties or repre- sentations, express or implied, as to the binding effect or enforceability of all or any portion of this Declaration. etion 6. Breach of Restrictions, Easements, Condi- tions, Covenants ano Reservations. n oreacn or any or uie ie- Str1M6ns, easements, ConeltlOns, covenants, reservations, liens or charges herein contained shall not defeat or render invalid the lien of any deed of trust made in good faith and for value as to any Lot in Broadmoor Sea View but said restric- tions, easements, conditions, covenants and reservations, liens and charges shall be binding upon and effective against any Owner thereof whose title thereto is acquired by foreclosure, trustee's sale or otherwise. Section 7. Headinos. Section headings are inserted for convenience only and are not intended to be a part of this document or in any way to define, limit or describe the scope or intent of the particular section to which they refer. Section'8. Sinqular Includes Plural. whenever the con- text of t is Dec aration requires same, the singular shall in- clude the plural and the masculine shall include the feminine. Section 9. Construction. The provisions of this Decla- ration sEa-T1-66e ribeca y construed to effectuate its purpose of creating a uniform plan for the development of a residential community with private social and recreational areas and for the maintenance of such areas. Section 10. Phased Development. It is the intention of Declarant toevelop Broaomoor sea view into a single interrelated and interdependent residential community in which the rights of all residents will be determined in substantially the same manner. Declarant contemplates that it will construct and/or cause to be constructed Broadmoor Sea View in several phases and annex each phase to Phase 1 in accordance with Article II of this Declara- tion. Although Declarant contemplates the construction of such additional phases, it shall in no way be obligated to do so. -32- Section 11. Construction by Declarant. Nothing in this Declaration shall limit the tight o Dec avant to commence and complete construction of improvements to Broadmoor Sea View or to alter the foregoing or the Lots or Common Area or to con- struct such additional improvements as Declarant deems advisable prior to the completion and sale of the entire Broadmoor Sea View project. Declarant may use any of the property within Broadmoor Sea View owned by it for model home sites and incidental parking and for any other purpose for which Declarant may use the Common Area as provided in this Section 11. Declarant shall have the right and an easement to enter upon, use and enjoy and designate and permit others (including without limitation, Declarant's agents, employees, representatives, contractors and prospective purchas- ers) to enter upon, use and enjoy the Common Area for any pur- pose in connection with or incidental to (a) the construction, development, sale, lease or other transfer of property within or adjacent to Broadmoor Sea View (including without limitation the erection, construction and maintenance of displays, sales offices and incidental parking, exhibits, signs and other structures), (b) 'the management, operation or maintenance of Broadmoor Sea View and/or (c) the exercise of any rights or powers granted here- under to Declarant; provided, however, that the exercise of such right and easement shall not unreasonably interfere with the rea- sonable use and enjoyment of the Common,Area by the Association.. Declarant reserves the right to alter its construction and development plans and designs as it deems appropriate. This ' Declaration shall not limit the right of Declarant at any time prior'to acquisition of title by a purchaser from Declarant to establish on any Lot additional licenses, reservations and rights - of -way to itself, to utility companies, or to others as may from time to Lime be reasonably necessary to Lhe proper developme-L and disposal of Broadmoor Sea view. Section 12. Nonliability of Officials. To the fullest extent permlttea by law, neither the Board, any committees of the Association nor any member thereof shall be liable to any Member or Owner,or the Association for any damage, loss or pre- judice suffered or claimed on account of any decision, approval or disapproval of plans or specifications (whether or not defec- tive), course of action, act, omission, error, negligence or the like made in good faith within -which such Board, committees or persons reasonably believed to be the scope of their duties. Section 13. Obligation of Owners and Members. The terms andprovisions set forth in this Declaration are binning upon all Owners of all Lots, the Association and all Members of the Asso- ciation. In addition, both the Member and the Lot owned shall be subject to the terms and provisions of the Articles and By -Laws as the same may from time to time be amended. Each Member shall cause the Association to perform all of the duties and obligations of the Association as set forth in this Declaration, the Articles and By -Laws of the Association. Section 14. 'Leases of Lots. Any Owner who shall lease his Lot to any person or entity shall be responsible for assuring compliance by any such person or entity with all of the covenants, conditions, restrictions, easements,' reservations, liens and charges of this Declaration, as amended and supplemented. Any lease agreement between an Owner and a lessee must provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration, the Articles and By -Laws, and tha't any failure by the lessee -to comply with the terms of such -33- documents shall be a default under the lease. All such leases shall be in writing. Section 15. Mercers and Consolidations. Upon a merger or conso i ation of the Association with another association as provided in the Articles, its properties, rights and obligations may be tiansferred to the surviving or consolidated association or, alternatively, the properties, rights and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursu- ant to a merger. The surviving or consolidated association may administer the covenants, conditions, restrictions, easements, reservations, liens and charges established by this Declaration, as supplemented and amended, with respect to Broadmoor Sea View, together with the covenants, conditions, restrictions, easements, reservations, liens and charges established upon any other prop- erty, as one general plan and scheme or in such other plan of administration as the surviving or consolidated corporation deems reasonable. Section 16. Assignment of'Rights and/or Duties. Any or all o t -e rig is ano or uties, it any, o.c Dec grant herein may be assigned to any other person or entity and upon any such assignment any such person or entity shall, to the extent of such assignment, have the same rights and/or duties as are given to and/or assumed by Declarant herein,'and thereupon, Declarant shall be relieved of the performance of any further duty, if any, hereunder. Section 17. Helicopter Route. Broadmoor Sea View under- lies an approved helicopter route ara homeowners may experience the area. noise and vibrations from helicopters overflying , Section 18. Airspace Easement. Broadmooc Sea View is subject to a perpetual easement over a portion of it, reserved in that certain Corporation Grant Deed from Pacific View Memorial Park, a California corporation, to the Irvine Company, a West Virginia corporation, recorded August 11, 1971 in Book 9756, Page 527 of the Official Records of Orange County, California, which easement is for, among other things, light and air above and an unobstructed view over,.Broadmoor Sea View lying above a level plane that is at an elevation of 430 feet above mean sea level. IN WITNESS WHEREOF, the undersigned has hereunto set its hand and seal as of the day and year first above written. BROADMOOR HOMES, INC., a California.corporation By / J�- L. R. Lizotte Its Senior Vice President B 'Pe d Sustafsoon Vice President/Division I "Declarant" -34- STATE OF CALIFORNIA ) as COUNTY OF ) On September 13 1976, before me, the undersigned, a Notary Public in and for said State,. personally appeared , „:__««,., known to me tc known to me to be the V P /ivis Dion 1 pi exe INC., the corporation that cuted the within instrument, known to me to be the persons who executed the within instrument on behalf of HROADNOOR HONES, INC., and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. �1'd -enyiiaaq .>•uimwoj wry .. � Notary Public 1'AS lrY; u0 ] -35- LEGAL DESCR!?T.r•: Lots 1 through 61, inclusive, and Lots A a D, F through J and Lot 70, of Tract 9260 as shone on a map recorded on Book 378, Pages'32 to 37, inclusive, of ::iscellaneous :aps, Records of Orange County, California LEGAL DESCRIPTION Lots 1 through 49, inclusive, and Lot 50, and Lots A through F of Tract 9261 as shown -on a map recorded in Book 330, Pages 32 to 35, inclusive, of ttiscellaneo�s Maps, Records of Orange County, California; Lots 1 through 49, inclusive, and Lots 50, 51, 52 and Lots A through ,y of Tract 9047 as shown on a map recorded in Book 330, Ra;es 36 to 39, inclusive, of Miscellaneous flaps, Records of Orarce County, California; and Lots 62 through 69, inclusive and L,:; a,c E E of Tract 9260 as shown on a map recorded on Book 373, Paces 32 to 37, inclusive, of Miscellaneous traps, Records of Orange County, California EXNIi.:T "5" X X X X Jj SQ 0. l4• •�\ !'l• 'ram—�F �,.._.I �.•_i5 nl....'n I i i j j ryF � �,\ \� %��y /-(�NTr, __.__—. i_...�._-�.•.�.�._rviur�Ex m X X \r-\ IN THE EVENT OF ANY VARIANCE SITHEEN THE SLOPES AS SHO.•Y ON _ • THIS PLAY THUSLY T - '.. X40 SLOPES FIAL I \' ORA:EO,ATHECTUALLY SLOPES ASf+FIb,LLT / SLOPE CONTROL AREA SHP:NOcRAaEO"ITxISUPIAYEOE THOSE �t< LL EASEMENT PLAN PLOT 4L.A.N �}/�-�� TfaCT Yt Yr'O C'AL�,�i6r,,,,,EBdq!(iam`ROsfCA.ei�ssoeutes I I...I.. r, ` •Ln _ �.aa�. .....r c f .._a.,__ .._..,,_. .. .... 4..N I ' .x.. EXHIBIT G g _ 54N - �.MIGUEI x `]giber?BetE.`WsMF most@vgssoauc x i SLOPE CONTROL AREA EASEMENT PLAN i W , W IN THE EVENT OF ANT VARIANCE IETYEEN THE SLOES AS SHW.% ON THIS PLAN THUSLY ' . AND SLOPES AS ACTUALLY FINALLY GRADED. THE SLOPES AS FINALLY GPAOEO U;LL SUPERSEDE THOSE ,H-.N 0.1 THIS PLAN. P' .N PL.oT PLGALJ va TRs.:T uz n1:,o EXHIBIT C 2 IN THE LYENT OF MT YMIMEE r x IETVEEN THE SLOPES AS SHO:H an X THIS RAN THUSLY$-. .-MD SLOPES AS ACTUALLY FINALLY , VISS CSROEO, THE SLOPES AS FINALLY GRADED PILL SUPERSEDE THOSE SHWN 6Y THIS PLM. S 1 /j ° r• �• �_�k u 1 i X I err ew. R:- q ;n �< f. ® - e` •g" �-'�.� cnunu P' I; �.: -/15 Ar Q \�.:.. 0 M . }ta Pi., l,:_ , •�n I ee Y•x .. rT $ ,' ��� I � IU I 9\'IS f 1':�—ram "°'•� y/• .. "rl- ,' � ••��--•�.�' �`_•! :_,:� �°l i �J,i �:}. .. �/C%—__F��'• -- � ._ ��.�TRU NTa I- t ------------ '_" P eI �iul__1-wl:f ���..,,.:,_..._al..�__.__.Tt 't F�/' ,.•u l'..., t.. .w er „uv�,�� 2 a:. � i f' J.Ea`',. `,rr�. rl,. ', !� � .I � /".�•'�, it as `i""'v' ,•• LT" _ _� is ., "s,'..•,s, d %' 1J 1 Z•t .l �� `'lfY.��~, p,�_-^��—_—.�_•f�•EN- ,/ , 1 . A .. H • 1 /' - CHANTRE"t3_ _ Jy` ;,\ SLOPE CONTROL AREA r...L`F.....TBciq�11um`$mtCR�`Jlssxvte �i�, ..__.__....__..._.,.._..._. k EASEMENT PLAN EXHIBIT C g �L1 `ItbuT Bdq�SSilGamci'i0.oCQ�`issocutcs SLOPE- CONTROL AREA EASEMEN'i PLAN IN THE VENT OF ANY VARIANCE IETUEN TINE SLOPES AS S40'.4 03 THIS PLM THUSLY:. WA ' SLOPES AS ACIUALLY FINALLY GP,;VD. TYE SLOPES AS FINALLY GP.:OEO PILL SUPERSEDE THOSE } 9�n a nv THI. m sv T T T 4- i 6[c�oucv4 �+t> ViW A.ai oi.,ata �r4ir us <izoo EXHIBIT C 4 nl �. I LEGAL DESCRIPTION A strip of land 125.00 feet wide over a portion of Block 97 of Irvine's Subdivision in the City of Newport Beach, County of Orange, State Of California, as shown on a.map recorded in Book 1, page 88, of Miscellaneous Record Maps in the office of County Recorder in said County, the easterly line being described as follows: COM14ENCING at a point in the northeasterly line of that certain land described in a deed to Pacific View Memorial Park recorded in Book 5970, page 522 of Official Records of said Orange County, California, said point being distant South 49026133" East 816.84 feet along said north- easterly line from the most northerly corner thereof; thence continuing along the boundary line of said land the following courses: South 49026'33" East 300.00 feet; thence South 21030158" East 400.00 feet; thence South 57020'58" Fast 270.00 feet; thence South 29010129" Bast 811.09 feet to a point in a line parallel with and distant northwesterly 565.50 feet from the southeasterly line of the westerly one - quarter of said Block 97; thence along said parallel line South 40036'28" West 1103.10 feet to the most easterly corner of that certain land described in a deed to Pacific View , Memorial Park recorded in Book 4518, uage 207, of Official Records of said Orange County, California; thence along the southeasterly line of said land South 40036128" West 645.22 feet to a point distant northeasterly 666.28 feet along said g southeasterly line from the southeasterly corner thereof; thence leaving said boundary line North 17059'59" West 28.43 feet to the•t rue point of beginning; thence North 55009115" West 96.26 feet; thence North 38°45'29" West 91.05 feet, - thence North 32058'52" West 224.12 feet; thence North 1016'57" West 137.14 feet; thence North 16041'57" East 278.65 feet; thence North 1058154" West 28.9.17 feet; thence north 5043'17" West 521.60 feet; thence North 2055-15" West 196.25 feet; thencye North 28006'23" East 99.77 feet; thence North 41018'31" East 87.86 feet; thence North 46039'•37" East 97.62 feet; thence North 72022140" East 89.19 feet. The westerly line of said 125.00 foot strip is to terminate on the south by the south- easterly,line of saild land described in Book 4518, page 207, said Official Records, and on the North by a line that bears North 32018123" East from the terminus of said 125.00 strip described above. EXHIBIT "D" o Z ()RIVE � fn A ,. r X ex '� �t 'S•::, 4,x i I , 1_ v. 1, .1` 1 ji`------ . - i, .i:...w: _ _.` •z: •q_� ��`c'u�..C__•�n:''RI i ('.'' '(� .4C �OP,, 'J-J ��TI �; •l I.yfi._i. f�"lI ,' i �:1 � '�� ..e'P`�\- ,' F•.+a:e• � ` 7 I4. eer,{{{ '4-v_o a I ( `' -f: `1 .'i �� �, i t '-"•:l+`�M,,.S.. :1.-�- �~I�"_.��r'_-�;�X�..w�.-,, ii L.� —t_.� i. _I'�X/: cF X \'•�, )( E TARO ESSEYEXi $NPn '• SIDTxustr �. SIDE YARD EASEMENT PLAN X 6C�O+nxc uq v+ow PL%PLAN 9 hri ...1/izm.0.s........... es Ttacr w+v.P .... _ ._ :... EXHIBIT E .. DRIB X 1� 9ktbvT%B I.Wlliam`Fkw9Z `5tswdo I-- Z" (1 i ;cc. /, •_ J 11{ • 1 \�� h SIDE Mo FASGIFJR SN04'1 MWSIY 10 it ;, �1 ':x MLA RIA� t 5+•-'.m\\.c"'\.\ d� • 1 � �, :1. :a_„ :,'::.- v'�rtr '.: ii'• :>/ ,�-Lv _ w. v\ ,- �1 :�d _ • ri . Y\�°.��� h ic:� ;J� <I" q'+�;\- !-'�; r1, s` .•l, . .:Ever .isq+°:'� '1,'i•, y,[L• .\{ � { \{� .f t� -. tr... ' i�•_.�. �_S!. .�M\U.�1 KOACHGVQ 4Ea. vtiw •71 i4 1 Hr[ P-� f'J " r VACHT.. _'-._ •. •(q��.T Ns Y.;A o tE SIDE YARD EASEMENT 1 X EXHIBIT E PLAN 2 t.l.) NJ SIDE TARO USDIF.41 SM7M TRUST . `7lLibut `IIeiq.`NJ...... 4✓C........ k LEF= SIDE YARD EASEMENT PLAN k Ta m 7 0 .I m m I Y � X t PS-OT Pt.AN .x TQ1CT wi 72[q EXHIBIT E k X 3 310c YARD EASEMENT SHM THUSLY ti In--- --------- to Ir xr SIDE YARD EASEMENT PLAN T? pl--i`1L'Obut`IIaij'tlY,llram`RasrC&�c7ssocutc �r.Acr Ns catty ...... . EXHIBIT E M. The undersigned, _, beneficiary under that certain deed of trust recorded , in Book Page , Official Records, Orange County, California, hereby consents to the within Declaration of Covenants, Conditions and Restrictions for Sea View and hereby subordinates the lien of said deed of trust to the provisions contained herein. HOME SAVINGS AND LOAN 0SS;0SA ION Vice Pr ent DONALD W. LE FEVER By Assistant Secretary DEE-ANN CHAMBERLAIN STATE OF CALIFORNIA COUNTY LOS ANGELES On August 27 19 76 , before me, the undersigned, a Notaq, Public in and for said County and State, personally appeared Donald V. L.=eve; known to me to be the Vice President , and Dee -Ann Chamberlain known to me to be the Assistant Secrecary Df HOU SAVINGS AND LO:.; ASSOCIATION , the Corporation that executed the within ins:ru"an:- on behalf of said corporation, and acknowledged to me that said corporaticr. executed the within instrument pursuant to its Bylaws or a Resolution of its Board of Directors. WITNESS my ha d and official seal. t14..4444104004..P4V4.f44..,yO r, Iry+;, SANDRA LEE H�rtiT'PVeIIC.G4K`gM.• v "'" PRwU M,, O,nFe IY ' w L63 ,INGFtZS FOI.Y(ry < --1-�� ry Public in an for said State : My Cc h$; n E.:vlu Nw,•If, 19ra •••44.+.............4.,4„��; r TRACT 9260 - Lot Coverage LOT NO. PLAN NO. Broadmoor Seaview LOT AREA BLDG. AREA COVERAGE 1, 5 11,018 2,244 20% 2 1 7,708 2,380 31% 3 5 7,752 2,244 29% (} 2 7,916 2,715 34% 5 5 7,853 2,244 29% 6 4 7,787 2,850 37% 7 3 7,723 2,703 35% 8 5 9,917 2,244 23% 9 4 10,906 2,850 26% 10 2 19,937 2,715 14% 11 1 8,178 2,380 29% 12 3 7,471 2,703 36% 13 4 8,762 2,850 33% 14 5 7,854 2,244 29% 15 4 6,490 2,850 44% 16 1 7,858 2,380 30% 17 4 12,506 2,850 23% 18 1 8,849 2,380 27% 19 2 6,870 2,715 40% 20 3 16,956 2,703 16% 21 1 7,170 2,380 33% 22 4 6,630 2,850 43% 23 5 9,784 2,244 23% 24 5 11,354 2,244 20% 25 4 7,007 2,850 410b 26 2 7,307 2,715 2,850 37% 27 ; 4 5,574 28 j 5 5,517 2,244 41% 29 3 5,631 2,703 48% 30 5 5,669 2,244 40% 31 2 6,865 2,715 40% 32 4 10,138 2,850 28% 33 2 15,359 2,715 18% 34 2 11,923 2,715 23% 35 4 7,278 2,850 39% 36 5 6,908 2,244 32% 37 1 6,861 2,380 35% 38 4 8,793 2,850 32% 39 5 8,106 2,244 28% 40 4 6,642 2,850 43% 41 3 6,349 2,703 43% 42 2 7,650 2,715 35% 43 4 25,246 2,850 11% 44 1 10,764 2,380 22% 45 4 7,717 2,850 37% 46 5 8,152 2,244 28% 47 1 8,493 2,380 28% 48 5 8,669 2,244 26% 49 4 6,542 2,850 2,715 44% 50 2 4,955 51 1 5,774 2,380 43% 52 2 15,839 2,715 17% 53 4 18,687 2,850 15% TRACT 9260 - Lot Coverage Brmadmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA: COVERAGE 54 4 16,877 2,850 17% 55 5 5,874 2,244 38% 56 3 6,643 2,703 41% 57, 1 7,868 2,380 30% 58 5 8,328 2,244 27% 59 4 8,307 2,850 34% 60 5 7,736 2,244 29% 61 4 12,237 2,850 23% 62 1 9,581 2,380 25% 63 5 5,204 2,244 64 4 5,262 2,850 qO 65 2 5,785 2,715 47% 66 3 6,559 2,703 41% 67 5 6,147 2,244 37% 68 1 5,765 2,380 41% 69 4 6,029 2,850 47% • t R TRACT 9260 - Lot•Coverage LOT NO. PLAN NO. Broadmoor Seaview LOT AREA BLDG. AREA • COVERAGE 1 5 11,018 2,244 20% 2 1 7,708 2,380 31% 3 5 7,752 2,244 29% 4 2 7,916 2,715 34% 5 5 7,853 2,244 29% 6 4 7,787 2,850 37% 7 3 7,723 2,703 35% 8 5 9,917 2,244 23% 9 4 10,906 2,850 26% 10 2 19,937 2,715 14% 11 1 8,178 2,380 29% 12 3 7,471 2,703 36% 13 4 8,762 2,850 33% 14 5 7,854 2,244 29% 15 4 6,490 2,850 44% 16 1 7,858 2,380 30% 17 4 12,506 2,850 23% 18 1 8,849 2,380 27% 19 2 6,870 2,715 40% 20 3 16,956 2,703 16% 21 1 7,170 2,380 33% 22 4 6,630 2,850 43% 23 5 9,784 2,244 23% 24 5 11,354 2,244 20% 25 4 7,007 2,850 41% 26 2 7,307 2,715 37% 27 4 5,574 2,850 51% 28 5 5,517 2,244 41% 29 3 5,631 2,703 48% 30 5 5,669 2,244 40% 31 2 6,865 2,715 40% 32 4 10,138 2,850 28% 33 2 15,359 2,715 18% 34 2 11,923 2,715 23% 35 4 7,278 2;850 39% 36 5 6,908 2,244 32% 37 1 6,861 2,380 35% 38 4 8,793 2,850 32% 39 5 8,106 2,244 28% 40 4 6,642 2,850 43% 41 3 6,349 2,703 43% 42 2 7,650 2,715 35% 43 4 25,246 2,850 11% 44 1 10,764 2,380 22% 45 4 7,717 2,850 37% 46 5 8,152 2,244 28% 47 1 8,493 2,380 28% 48 5 8,669 2,244 - 26% 49 4 6,542 2,850 44% 50 2 4,955 2,715 55% 51 1 5,774 2,380 43% 52 2 15,839 2,715 17% 53 4 18,637 2,850 15% TRACT 9260 - Lot Coverage Broadmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA COVERAGE 54 4 16,877 2,850 17% 55 5 5,874 2,244 38% 56 3 6,643 2,703 41% 57 1 7,868 •2,380 30% 58 5 8,328 2,244 27% 59 4 8,307 2,850 34% 60 5 7,736 2,244 29% 61 4 12,237 2,850 23% 62 1 9,581 2,380 25% 63 5 5,204 2,244 43% 64 4 5,262 2,850 54% 65 2 5,785 2,715 47% 66 3 6,559 2,703 41% 67 5 6,147 2,244 37% 68 1 5,765 2,380 41% 69 4 6,029 2,850 47% IN VI �ivv6,Bec,t7a..r�Aaa7aro FINAL 5ET6AUC MAV FOIL TRACT onw VIIWAOMC= CgCAVISW IG E 9 "gym � `�"------=='-__ -- ------ RIVE Ib � i to `� I lei � Oeuxjaeua � cy «m,•r oIS\ W I it 4.4 ia•. c 1 IV I 2 22 I _ I I \ \I I I I I GINAL. 66 Y. MAV GOIL TRA6T 92GD iKOACMA�K 96AVIEW OF4 v� +osa II SEE SHEET Nat ` - � 5------6- - q�_ `T M4.R1A i �!7 .—'L7 lu 4 19 i l �;l I{ 9t i / /' _ - -�` _ i r l t i I ' °..•^c a I 1 ! a3 I ---1 ' 4 it °i SEE SHEET We 4 1 ________ FINAL 5ET64cK MAD r '-------------F. K TRACT ?2G0 &90AC%iOOR O=EAVI OF A. so . SEE V*A i. %A SA 0. I 4Y\` O� `�h\\ F 44 ati✓n ��;N� ��. ry• b44T __ FINAL SRT6oGK MsP FOK IMACT KG btiOAOMOM 95Amew CITY OF NEWPORT BEACH COUNCILMEN P MINUTES ,oti s n�� d' d' October 10, 1978 kOLI_ CALL 'I' INDEX I (d) A report from the Transportation Plan Citizens Advisory Committee regarding push buttons for bicyclists at traffic signals. ` (Attached) 9. ~Th re e•-were no public hearings scheduled. 10. The plans and specifications of the Cement- Mortar Lining of Cast Iron Water Pipe, Lido Isle Phase II, Contract No. 2044,1aer-e approved; and the City Clerk was authorized to a7dver-tise for bids to be opened at 10:00 a.m. on Octoler-31, 1978. (A report from the Public Works Department 11. Removed from the Consent Calendar. Bicycle Trails (205F) Water Mains Lido Isle (3079) 1. 12. The ,public im rovements constructed in conjunc- Tracts 9047'/ tion with Tract Nos. 9047, 9260 and 9261 (Broad- 9260/9261 moor Seaview) weoe accepted: and the City Clerk was authorized to release the Faithful Performance Bonds and to release the Labor and Materials Bonds in six months provided no claims have been filed. (A report from the Public Works Department) 13. Removed from the Consent Calendar. 14. The following budget amendments were approved: / BA-013, $1,000.00 increase in Budget Appropria- tions and increase in Revenue Estimates for completion of Litter Control Committee film project with donation from Newport Harbor/Costa Mesa Board of Realtors, from Unappropriated Surplus and Donations and Contributions to Nondepartmental, Services-Professional,/Technical, etc., General Fund. Calendar. BA-014, Removed from the C:7nBudget BA-015, $14,637.00 inc reas Appropria- tions for janitorial mainenance for libraries, _ from Unappropriated rplus to Services -Pro- fessional, Technic , etc., Library Fund. BA-016, $2,55 .00 increase in Budget Appropriation for purchase�of 10 metal dumpsters, from Un- appropriated Surplus to Marinapark, Equipment, N.O.C..; Marinapark Fund. I. I EMS REMOVED FROM THE CONSENT CALENDAR: ] A report was presented from the Community Develop- Bluff meet Department regarding a proposed ordinance, Development being, AN ORDINANCE OF THE CITY OF NEWPORT BEACH Regulations ADDING CHAPTER 20.04 TO THE NEWPORT BEACH (3077) i MUNICIPAL CODE ENTITLED "BLUFF DEVELOPMENT I REGULATIONS" TO ESTABLISH REGULATIONS FOR THE DEVELOPMENT OF BLUFF AREAS IN THE R-A, R-1, R-1.5,I R-2, R-3, R-4 AND "B" COMBINED DISTRICTS, Planning Commission Amendment No. 516, a request i initiated by the City to consider an amendment I Volume 32 - Page 259 t October 10, 1978 CITY COUNCIL AGENDA ITEM NO. H-12 CTO: CITY COUNCIL FROM: Public Works Department SUBJECT: TRACT NOS. 9047, 9260 AND 9261 (Broadmoor Seaview) LOCATION: Southeasterly Side of San Miguel Drive Adjacent to Big Canyon Reservoir DEVELOPER: Broadmoor Homes, Inc. RECOMMENDATIONS: 1. Accept the public improvements constructed with Tract Nos. 9047, 9260, and 9261. 2. Authorize the City Clerk to release the Faithful Performance Sureties (Tract No. 9047--Bond No. 2603058; Tract No. 9260--Bond No. 2592563; Tract C No. 9261--Bond No. 2592564; and San Miguel Drive w/Tract 9260--Bond No. 2592562, all issued by Safeco Insurance Company of America). 3. Authorize the City Clerk to release the Labor and Materials Sureties in 6 months, provided no claims have been filed (Tract No. 9047--Bond No. 2603058; Tract No. 9260--Bond No. 2592563; Tract No. 9261-- Bond No. 2592564; and San Miguel Drive w/Tract 9260-- Bond No. 2592562, all issued by Safeco Insurance Company of America). DISCUSSION: The public improvements constructed with Tract Nos. 9047, 9260, and 9261 have been inspected and are satisfactory for acceptance. An exhibit is attached for reference. Also attached is a report dated August 10, 1978, to the Community Development Department from the Parks, Beaches and Recreation Department regarding an on -site inspection of the land- scaped slopes. The inspection was made as the result of a complaint received from the Broadmoor Seaview Homeowners' Association. c - )41 - Benjamin B. Nolan Public Works Director WBD:jd Att. i w y • gig ' ' y • • RESE.Pl��0.4 v4h • • RD. O'LD5 .. • • i • JAov�n! H SAN Nor ro SC.4LE CITY OF NEWPORT BEACH DRAWN DATE DATE 8/tr/1G PUBLIC WORKS DEPARTMENT APPROVED ACoeP7,4N0,ff OF PUBLIC WORKS DIRECTOR PUBL/C /M�'40[iEMENTS R.E. NO. rje4cT NO. 9047, 9260 -41YO 926/ DRAWING NO.E'�'/7//8/T i 3 CITY OF NEWPORT BEACH PARKS, BEACHES & RECREATION DEPARTMENT August 10, 1978 CTO: DICK HOGAN, DEPARTMENT OF COMMUNITY DEVELOPMENT FROM: Dave Fennell, -Department of Parks, Beaches & Recreation SUBJECT: INSPECTION OF LANDSCAPED SLOPE,AREAS FOR COMPLIANCE WITH APPROVED PLANS, BROADMOOR SEAVIEW TRACTS 9047, 9260 AND 9261 DISCUSSION: A site inspection of the above referenced project was conducted on August 9, 1978 at 9:30 a.m. for purposes of evaluating conformance with approved landscape plans. Present were: Mrs. Joann Brock, President, Broadmoor Seaview Homeowners Association Mr. Jeff Gaynor, Vice President, Broadmoor Seaview Homeowners Association Dave Fennell, City of Newport Beach It was generally agreed that, with few and minor exceptions, the slope planting and irrigation system were installed in accordance with the approved landscape plans for the project. It was further noted that much of the temporary nurse crop that was.hydroseeded over permanent groundcover plantings has not responded as well as might be expected. It was suggested that a closer investigation of irrigation coverage, fertilization, inherent soil conditions and cultural practices in general might yield remedial measures which could be taken to bring the plantings up to a satisfactory level. If you have further questions regarding this project, please advise. ✓DAVID T. FENNELL Landscape Architect DTF:dm cc: Mrs. Joann Brock, Broadmoor-Seaview Homeowners Association Robert L. Wynn, City Manager Ronald A. Whitley, Director, PB & R pU8�,CE AD S '3 01AUG 1978a 74 NE W O LIBpgCH, .11 / j CAF, . �� `Bell,,GVVIJJ a in ` ®mot G , 'Ssoc ates PROFESSIONAL ENVIRONMENTAL ENGINEERS & PLANNERS (JAN lyJanuary 31, 1977 peyelopmeyD3I nt 19>>CIry CA 1C F EACH, .X! City of Newport Beach Department of Community Development 3300 Newport Boulevard Newport_Beach,.California 92663 Attention: Dutch Hollan Gentlemen: In accordance with the requirements of the City of Newport Beach, either an engineer under my supervision of myself has field checked the final grading on Lots'24 through 33, inclusive, within Tract No. 9260, Broadmoor Homes, Seaview, in the City of Newport Beach, California. I hereby acknowledge that the final grading of the above mentioned lots has been satisfactorily completed'in conformance with the permit plans and specifications, and that all tops of banks, toes of banks have been completed in the location and to the elevation which substantially complies with the grading plan. The subject project is located at 20001 San Miguel Drive, Newport Beach, California and covered under Grading Permit No. 04319. Sincer , Robert W. Bein Civil Engineer #12758 RWB:aj cc: Don Frederickson - Broadmoor Homes, Inc. PO. BOX 2590 • 1401 QUAIL STREET. NEWPORT BEACH. CALIFORNIA 92663 • (714) 833.0070 I FINAL SOILS AND GEOLOGIC REPORT PORTION OF TRACT 9260 LOTS 1 THROUGH 33 AND 70 CITY OF NEWPORT BEACH COUNTY OF ORANGE, CALIFORNIA FOR BROADMOOR HOMES, INC. W.O. 306-OC June 18, 1976 r: ec�iN,�s Soil Mechanics • Geology • Foundation TRACT 9260 - Lot Coverage Broadmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA COVERAGE 1 5 11,018 2,244 20% 2 1 7,708 2,380 31% 3 5 7,752 2,244 29% 4 2 7,916 2,715 34% 5 5 7,853 2,244 29% 6 4 7,787 2,850 37% 7 3 7,723 2,703 35% 8 5 9,917 2,244 23% 9 4 10,906 2,850 26% 10 2 19,937 2,715 14% 11 1 8,178 2,380 29% 12 3 7,471 2,703 36% 13 4 8,762 2,850 33% 14 5 7,854 2,244 29% 15 4 6,490 2,850 44% 16 1 7,858 2,380 30% 17 4 12,506 2,850 23% 18 1 8,849 2,380 27% 19 2 6,870 2,715 40% 20 3 16,956 2,703 16% 21 1 7,170 2,380 33% 22 4 6,630 - 2,850 43% 23 5 91784 2,244 23% 24 5 11,354 2,244 20% 25 4 7,007 2,850 41% 26 2 7,307 2,715 37% 27 4 5,574 2,850 51% 28 5 5,517 2,244 41% 29 3 5,631 2,703 48% 30 5 5,669 2,244 40% 31 2 6,865 2,715 40% 32 4 10,138 2,850 28% 33 2 15,359 2,715 18% 34 2 11,923 2,715 23% 35 4 7,278 2,850 39% 36 5 6,908 2,244 32% 37 1 6,861 2,380 35% 38 4 8,793 2,850 32% 39 5 8,106 2,244 28% 40 4 6,642 2,850 43% 41 3 6,349 2,703 43% 42 2 7,650 2,715 35% 43 4 25,246 2,850 11% 44 1 10,764 2,380 22% 45 4 7,717 2,850 37% 46 5 8,152 2,244 28% 47 1 8,493 2,380 28% 48 5 8,669 2,244 • 26% 49 4 6,542 2,850 44% 50* 2 4,955 2,715 55% 51 11 5,774 2,380 43% 52 2 15,839 2,715 17% 53 4 18,687 2,850 15% u TRACT 9260 - Lot Coverage Broadmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA COVERAGE 54 4 16,877 2,850 17% 55 5 5,874 2,244 38% 56 3 6,643 2,703 41% 57 1" 7,868 -2,380 30% 58 5 8,328 2,244 27% 59 4 8,307 2,850 34% 60 5 7,736 2,244 29% 61 4 12,237 2,850 23% 62 1 9,581 2,380 25% 63 5 5,204 2,244 43% 64 4 5,262 2,850 54% 65 2 5,785 2,715 47% 66 3 6,559 2,703 41% 67 5 6,147 2,244 37% 68 1 5,765 2,380 41% 69 4 6,029 2,850 47% i TRACT 9260 - Lot Coverage Broadmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA COVERAGE 1 5 11,018 2,244 20% 2 1 7,708 2,380 31% 3 5 7,752 2,244 29% 4 2 7,916 2,715 34% 5 5 7,853 2,244 29% 6 4 7,787 2,850 37% 7 3 7,723 2,703 35% 8 5 9,917 2,244 23% 9 4 10,906 2,850 26% 10 2 19,937 2,715 14% 11 1 8,178 2,380 29% 12 3 7,471 2,703 36% 13 4 8,762 2,850 33% 14 5 7,854 2,244 29% 15 4 6,490 2,850 44% 16 1 7,858 2,380 30% 17 4 12,506 2,850 23% 18 1 8,849 2,380 27% 19 2 6,870 2,715 40% 20 3 16,956 2,703 16% 21 1 7,170 2,380 33% 22 4 6,630 2,850 43% 23 5 9,784 2,244 23% 24 5 11,354 2,244 20% 25 4 7,007 2,850 41% 26 2 7,307 2,715 37% 27 4 5,574 2,850 28 i 5 5,517 2,244 41% 29 3 5,631 2,703 48% 30 5 5,669 2,244 40% 31 2 6,865 2,715 40% 32 4 10,138 2,850 28% 33 2 15,359 2,715 18% 34 2 11,923 2,715 23% 35 4 7,278 2,850 39% '36 5 6,908 2,244 32% 37 1 6,861 2,380 35% 38 4 8,793 2,850 32% 39 5 8,106 2,244 28% 40 4 6,642 2,850 43% 41 3 6,349 2,703 43% 42 2 7,650 2,715 35% 43 4 25,246 2,850 11% 44 1 10,764 2,380 22% 45 4 7,717 2,850 37% 46 5 8,152 2,244 28% 47 1 8,493 2,380 28% 48 5 8,669 2,244 26% 49 4 6,542 2,850 44% 50 2 4,955 2,715 51 1- 5,774 2,380 43% 52 2 15,839 2,715 17% 53 4 18,687 2,850 15% , TRACT 9260 - Lot Coverage B madmoor Seaview LOT NO. PLAN NO. LOT AREA BLDG. AREA. COVERAGE 54 4 16,877 2,850 17% 55 5 5,874 2,244 38% 56 3 6,643 2,703 41% 57 1 7,868 2,380 30% 58 5 8,328 2,244 27% 59 4 8,307 2,850 34% 60 5 7,736 2,244 29% SS R ��oa,Baq�,cer�++oaea ;rtmAl. 5ET6AGK MAG FOIL TQAGT �12G0 I&WAOMCOIC'i*AV1EW GK MAP 924a'1 eAV{£W oF6 1Y �ppo 31 SEE SHEET Vim 2 SEE SHEET we ¢ FI/.IAL SETFiAGK MAD FOR�RAGS 92G0 690AM%009 SEAVIEW SEE 62 m F" 0. wn iE 46 44 FINAL 5ET6AGK M4P ROK TRACT IKW &WADMOOV eek"EW 11 114 13 L 2 s rn I WAL SGP.LE - VIV 20, VAGK , MAP FOtL TRAGT 1p.�'LGAo tbKOADM00� SEA�JIEW,L OG4 J.N. 1t3U✓N ull� L 11976 0 F� / SEE SWEET Ws 2 z cK ro LD nv Q 0 lb2 4 5 p � ,1 1 NouyE I2 1 2 CT`� ^7 8G rol �� I 3 "to _ GAtzAG�_hETrhAc (fYP) :9 / / irk 71.30—Z-'--- SIB VIE l/s 3 � �. i ���— �� �2 —cool—, —_— _ _ _ • / - - / _ I All, 00 CO- 9, I / - I i �.GK• -- I I I 0 (�5a� Yvj � J ?0 I I � I i 1 � 8 1 e F40M 0 r . 1 SEAv1EW JUN 11� b SEE dap wSST P Al -- ' � 2 ' / 9n i 52 �> / 206 G9i 1 ol i JOGI N 5ET6ACk 14.19 � 67'1T A re 48 Flou�iE �TraiAc� Z — 42 07/ 1 t-1 Ol1�iE 5ET 8Ac k�3 � 51 11 0 cc 1 - 1 o� 1 � • 1 1 1 Noun .�co' — .a `o 4p1)� 4.714`� 111�S 1 i N� 3 I 52.�7� ` n- � EGA E'• I'I� i10� �I FINAL. SETI!7AGK NSA 1 �'OtZ TI2AGT �2�00_ K0A*V"ooy* ecAyiew / I ■ 4 of 4 N. I Plocoo.." 4 r SC/ILE - /t zoo 'EOAEl9110/1 cEl7rER /�OOiP �9Ei9!//EW y. } i JUL 8 197� 1 SHEET—J-- OF �L SHEETS 47TRACT NO 9260 ENT TRACT N0. 90 ) (PORTION T IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF BLOCK 92 81 97 OF IRVINE'S SUBDIVISION AS. SHOWN ON A MAP RECORDED IN BOOK I, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. G 22.04 -ACRES 50 LOTS AND LOTS A-J WILLIAM J. FROST L.S 3109 RAUB • BEIN • FROST a ASSOCIATES WE THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE I, WILLIAM J. FROST, DO HEREBY CERTIFY THAT I AM LICENSED LANDSURVEYOR INI�EREST IN THE LAND COVERED BY THIS MAP, 00 HEREBY CONSENTTO 1 NO. 3109)OF THE STATE OF CALIFORNIA,THAT THIS MAP, CONSISTING OF FIVE THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN (5) SHE ETS AND THE TRUE AND COMPLETE SURVEY MADE IN FEBRUARY , 19761 THE COLORED BORDER LINE AND WE HEREBY OFFER FOR DEDICATION WHICH IT CbRRECTLY REPRESENTS WERE BOTH MADE BY ME OR UNDER MY DIRECT - TO THE CITY OF NEWPORT BEACH AN EASEMENT IN AND OVER LOTS ION; THAT THE MONUMENTS ARE OFTHE CHARACTER AND OCCUPY THE POSITIONS A,B,C,D,E,F,G,H,I AND J AS SHOWN FOR EMERGENCY AND PUBLIC SECURITYi, INGRESS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN NINETY DAYS AFTER AND EGRESS AND PUBLIC UTILITY PURPOSES; THE PEDESTRIAN SIDEWALK AND PUBLIC THE ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT UTILITY EASEMENTS AS SHOWN; THE DOMESTIC WATER DISTRIBUTION SYSTEM AND TO ENABLE THE SURVEY TO BE RETRACED. APPURTENANCES AND THE SEWER COLLECTION SYSTEM AND APPURTENANCES LOCATED WITHIN SAID LOTS; ALL VEHICULAR ACCESS RIGHTS TO MACARTHUR BOULEVARD EXCEPT AT STREET INTERSECTION. WILLIAM J. T, L.S.3109 BROADMOOR HOMES PVC. a corporation ►, BENJAMIN B. NOLAN CITY ENGINEER OF THE CITY OF NEWPORT BEACH , ORANGE COUNTY, CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP _ GLENN H. BRSNGLE S. REID GUSTAFSON EXECUTIVE VICE PRESIDENT VICE PRESIDENT STATE OF CALIFORNIAI S.S. COUNTY OF ORANGE ON THIS DAY OF -` 1976, BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED GLENN H. BRENGLE I KNOWN TO ME TO BE THE EXECUTIVE PRESIDENT AND S. REID GUSTAFSON KNOWN TO ME TO BE THE VICE PRESIDENT OF BROADMOOR HOML, INC. A CORPORATION THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME. TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUN!'7NT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. If WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. STATE OF CALIFORNIAl S.S. COUNTY OF ORANGE ON THIS DAY OF ,1976, BEFOR ME A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED KNOWN TO ME TO BE THE PRESIDENT AND , KNOWN TO ME TO BE THE OF THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR 1_2 SAID COUNTY AND STATE. ryc�l f n0.5\ SnEi � Z \ SnEEj A SOILS REPORT DATED DECEMBER 2,1975 WAS PREPARED 1 BY ALBERT R. KLEIST, R.C.E. 16351. p2 \snEEr n AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP�AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAPACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF 1976. CITY ENGINEER STATE OF CALIFORNIAISS COUNTY OF ORANGE I, W.E. ST. JOHN, COUNTY CLERK OF ORANGE COUNTY, DO HEREBY CERTIFY TO THE COUNTY RECORDER OF SAID COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ONTHE LAND COVERED BY THIS MAP. DATED THIS —DAY OF , 1976 W. E. ST JOHN BY. COUNTY CLERK OF ORANGE COUNTY %` DEPUTY STATE OF CALIFORNIAl COUNTY OF ORANGE 1, LAURA LAGIOS , CITY CLERK OF THE CITY OF NEWPORT BEACH, DO HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF SAID CITY AT A REGULAR MEETING THEREOF HELD ON THE DAY OF ,1976, AND THAT THEREIPON SAID COUNCIL DID BY AN ORDER' DULY PASSED AND ENTERED APPROVE SAID MAP AND DID ACCEPT AN EASEMENT IN Akin (1VFR I (ITS A-R_C.D_E.FG.H.I Bid FOR EMERGENCY AND.PUBLIC.SECURI, TY INGRESS AND , TO DATED THIS DAY OF D APPU DEDICA 1976. BY CITY CLERK STATE OF CALIFORNIA � SS COUNTY 01 ORANGE 1,ROBERT L.CITRON, COUNTY TAX COLLECTOR AND REDEMPTION OFFICER OF ORANGE COUNTY, DO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND SHOWN WITHIN THE COLORED BORDER ON THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, OR CITY TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. DATED THIS— DAY OF ROBERT L. CITRON COUNTY TAX COLLECTOR AND REDEMPTION OFFICER ,1976 EXAMINED AND APPROVED THIS DAY OF C.R. NELSON COUNTY SURVEYOR BY. DEPUTY BY DEPUTY 197 EXAMINED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH; THIS DAY OF 11976• m RICHARD V. HOGAN EX-OFFICIO SECRETARY SIGNATURE OMISSIONS NOTE PURSUANT TO THE PROVISIONS OF SECTION 66436 (b) OF THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED SHEET 2 OF SHEETS "N O a SCALE: 1" _ �0 �TRACT,- Molmmlvi 2 TENT, TRNOT No. " w0 fICRE/9GE 22.04 //V T//E C/TY " Of NE!?A&MI" ,Bfi9C//, COUNTY Of 0/Pi9NGf, } Io tors e' tors � . '; JTi9Tf Of C/9L/fOrYN/r9 WILL//1M j 3/09 UB ,Bf/N rRAV AIJ041117TES fEBM IAfY, /976. h� .h kill. ti. 4 \� Mij D •2� UV o• . AR'1�vSo IP0- 2D p1' y � \ ��l?"90 .� �9 e241 �5 _ ''aa y�/R• of —:•c �'� \m00% �!'Q6a . ' /.•=CjJD - 0 ...... �•.". ';+. to 6 IoOo �poil y3. a= \moo 0 .41pa � .cs• •��% .~r.r+' w p D oa. liio�ta. .9�' 0\ , 2 ,IPDgLq��pp •tip•" $S po JI �tl �0 pE �� tRe A, 61 vV 4± ys'o. \Qs• Aoc,,p�D� .�1`oDEp��rPtE y2f4600 � oo�'- .� 44� $e 9 /3• o• pp PG 8i D rD9. o- ;.. of �• : G tip / ,t qb• (• 2. i•" IP' 296.00' �4 ti p /6�92 3�A L•73.34' oo, ��pp �0 �01'F� "" L�� 6� ^ 4�9 .tipp �' • & \ VQ •ry�. �.\1. h •l h e 6B\ n0 aQ��� �300• � , EESi t'� v N77.3zbo"sr \�N 51R^,11�1 zOF 3oo' •t 1E ��.. ""-•ziyio �E 7 ��o a �6�R� �j �PP��� G /P3y' 3 �vj sfrfFr lea, .•..r fa 6 �� \ th cP9�of �pL\EQ tpb��p\\ t-Pt.4 H7B'y/ 1-3 N8_ 6�gE s .ti 4 1 u /g • 0 a: o • � w m o� m o � c Io I INJ r e \ �� ��• tip\ ` 6� �,ti�po/ O 86' 02' 20" 20.00 30.0 , \ O© oyo,� a+ \ W, 3 3' Pee 400.00' 27.65' pl/ oo• a.Jrc�•32 6. 24. Wm 400.00' 4474' sic• •�`� ® oo- �P.32jo i s2. q�, \2 �oJ Ar,� /6.00 pq/Q 6e O'/2" 400.00' 4z88' 05" 350.00' 36.82' ®- 6. 23' So' 330.00' 39.08' 65363• �- 5' S9' /8" 350.00' 36.58' 1 v T473.00' /D 7. 40' 30" 3M.00' 46,M' �432' / // 97°40'30' M..00' 46' 00" 379.Oa' 71.22' 0// \ s'9zB<3"asZ90' 6/a•Sa'ss"L'9/J2� [� /0.46' 00' 400-00' 75./7' 37.69' 4� 97. 40' 29" 20.00' 34.09' — NOTfJff I S//EZT NO. S 176E JNffT / A" /NDEX /YI//P, . Tar ofer 6 mw 'atpsv Of •BmflNOS, h I�• ?�S'�� MONU/mr/VT NOTES. - _.SHEET s OF SHEETS SCALE: x-. = 40° R-A - 9'2 6 0 -(�RrioN rENr. r�rr�cT 9oa7) ., • T , 70 Z07S a LOTUS I9.-✓.' /N T//f AT Of • NfiVtV1P1r MAMi - COUNTY Of_ &FANGS, �Ti9Tf . 4f Cr9L/fD�PN/h' ; � � ; �y��,• 5k, yo ?f/9!/� ,BE/N fi KV fU14/TITES sp' 0 2 rEAMARY, /976. srp3•Sj H hirof _/6�9Z bg,,0 ado". - �• i.h' ry ca �" � •fig � 0 _: 4° N 68' 35' S8'f (?//Of r• m rj ~r ozm ft ,_,' '•`�' p° ;t W 4.8�56'O6" e ��D zeb so" Q� o h a, \ s i23� \oJ a•11300' w o � � 23• •2� I 35y'3fo W �Ito C ` O n` I \ti0 . /Y68'DZ'Oa"iY /74.3 �;27,5b ° 't SM756'E �TREETJ 23.21 11 -•. 4650, /2.39 �Or • a°/►/Y/ITE aauErrE - N o° � �• a• t 7.3.74 /3 a oa tb�o° 2 4300' N77°32'04' 4.87' !12.76` o o �- N�6_23�8 ^ O N77'32"00 W... N o Sao 4 i"C.C. N68'a/P/.0 ' C•/26. Za"1:ba.9/' co - - b ^ N7T3?°p4 37' /b, a 014�J4 04'it �� Nj7.3Z•04 V 77 32 0 DAB• z m �c:�L Nv 'a "' p'b • 0 N6g°4/b0"/Y /45.04' �_ b v y�� � a 4t AO°• q� �a srT ell) RI!ai -� `, v N 0 v 20.3AIVAfi M,8° ti� ��Q�%3 t��► `� �o W I "% ,,� �g 4. I pp(;� •r 0�. 01 �9 �Q 'sue- � ,ysy. T � V o t �'°' 2 L4 0Q V ,g33q C o ��, �,11• ��� _SB��T�P/!D� R 3.^ 5 ,ry8� �2 8081 1 d•800V13 ��_ 'fmow00"W //69' Z e ` t, GO a1: is �,��• �° ;,� � �,�"� n•\< A pj. 6 • 9 rrSz Z� �1 �q, � 5 .ell �� 3p • h 41 b lea,to N68"W'00W //205' •� ` y ySir- i9D M lb k 1 .y 3�op ti V67°/0'%A1, ,W 1A/70J /9L.68' o RE /���6• h00 N 6804/'oO fY /09.58' N. ,�e e \ 1� 0 . �•a7.p0' \ `'r, �° �6392 _ ti � .��``tl 9 53 E i N.1 �(o13S •Q94 �6� ��, 6� o h� �aRPD) PAc 11 8/°/8,/2.1y/NN J tk •o q Op • e1\ � ! L° 2 .E RAy �s'r�, �i9o.G4' - W 'a sp �� ti � .32/ �•a9.07' W � ySS• i�jpo, /9 4h ^ e N v / a /3. 48' /2• 220.00' S0.44' 3 % 00' 3.%. o-- /9' 44' 28" ZY0.00' 75.80' ^- • ': J•, �,? r :, .: r.!.%�::'? :• . /iv. �. 4a-90° 0o'Oo` 20.00' 3/.42' ^- a r •i',;:-:::: 07' S9' 9500' S6.04' 77"00' 18.60' 99' 50'00' 20.00' 34.73' 8O- 86' 02' 20' P0.00' 30.03' O 3' S7' 40" 400.00' V.65' ^ 53' /3" 377.00' 25.79' ^ O-- 2 e 22' 04" 400.40' /91.06' 97.39' Q-- 6 ZO 30 400.00' 44.74' /3 94° 55' S/" PO.00' 33./4' �- 24° 42 e8' n..00' Q0,97' NOTE 56' S4' 42,00' /0.20' - .PEE SNEET f f0/P /IYOE./ 10,31. fee SNEET 6 AO/P •BASIS Of BE77/f/rY6J; MONUMENT Narey.. SHEET Q OF 6 SHEETS q2SCALE: 3" V0 TRA TNO (POIPT/ON TENT. I-1P/90T 90v) - - - /9CREh'QE : �'' MAW W i9'J. /N me cirr Of aEffr°orfr BEllc//� cv�1YTr of 0/P/9NGf 70 LOTS " � sT/9Tf - Of Gf/L/f0WNW - !!Y/Lamy J. f/POsT 24 -7V P. RIMS . - M11Y PIMP* ssocMAW .�,J �q\ �• IN " - - - � •Ss• 'ti• •. 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V y CA 00 �-\, '� • ` S �• l =h hw J F;rItZ �y OL oll h�`v ery b� 4 S�P�E• 1 G oQ � aq �n + �\ °\ Ul 00 ti •1., O rL N72022'40"E Q-89.19• (70 N41' 18' 31 •'E o�v STU � Q`2� p. No N28006'23"E -•,� Q oa h ^y `: n 99.7T `� (y ti� b '-: v N2'SS'15' W Q 140- 34' Sp. � >64go2O36\9 19. $3 FQ �•' F NS e / NOTgGPFRRsPtUG s%g7�TgC S /9OS\ o�9A�•� k, y39 ��3 PGGr�O r •. 98' 66693• :�•s ; FO.S�\ � �5 FO 64 C P ' •'' O ��Ze251,5 � 2 ST 2 /p G vy 0 9�bb F 0 AG oeiv �L co O O �� i /P 36 F SS„� (2>c'> C R R•S CF \ ! o 9�OI522 TgG - 4R,. 63 e g p� 5 �- FRosO Tgck 6 pFR / a ^ p a Qm a� COR NER ONO FRRFSFR�OiR BASIS OF BEARINGS THE. BEARING OF N45°20'36"E ON THE CENTERLINE OF MACARTHUR BOULEVARD AS SHOWN ON TRACT NO.7030 RECORDED IN BOOK 269, PAGES 18 THRU 22 OF MISCELLANEOUS MAPS RECORDS OF ORANGE COUNTY, CALIFORNIA WAS TAKEN AS THE BASIS OF BEARINGS FORTHIS MAP. �q a an 0 �a� a <�co �NM U c)a azQ� o O W � u a J.N.16731 a', SHEET —I_ OF 5 SHEETS (PORTION TENT TRACT NO. 9047Y TRACT NO, 9260 IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF BLOCK 92 & 97 OF IRVINE'S SUBDIVISION AS SHOWN ON A MAP RECORDED IN BOOK I, PAGE 88 OF MISCELLANEOUS RECORD MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA. ACRES LOTS WILLIAM J. FROST L.S 3109 RAUB • BEIN • FROST a ASSOCIATES WE THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE i, WILL IAM J. FROST, DO HEREBY CERTIFY THAT I AM LICENSED LAND SURVEYOR IN IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENTTO ( NO. 3109)OF THE STATE OF CALIFORNIA,THAT THIS MAP, CONSISTING OF FIVE THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN (5) SHE ETS AND THE TRUE AND COMPLETE SURVEY MADE IN FEBRUARY , 19769 THE COLORED BORDER LINE AND WE HEREBY OFFER FOR DEDICATION WHICH IT CdIRRECTLY REPRESENTS WERE BOTH MADE BY ME OR UNDER MY DIRECT - TO THE CITY OF NEWPORT BEACH AN EASEMENT IN AND OVER LOTS ION; THAT THE MONUMENTS ARE OFTHE CHARACTER AND OCCUPY THE POSITIONS A,B,C,D,E,F,G AND H AS SHOWN FOR EMERGENCY AND PUBLIC SECURITY, INGRESS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN NINETY DAYS AFTER AND EGRESS AND PUBLIC UTILITY PURPOSES; THE PEDESTRIAN SIDEWALK AND PUBLIC THE ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT UTILITY EASEMENTS AS SHOWN; THE DOMESTIC WATER DISTRIBUTION SYSTEM AND TO ENABLE THE SURVEY TO BE RETRACED. APPURTENANCES AND THE SEWER COLLECTION SYSTEM AND APPURTENANCES LOCATED WITHIN SAID LOTS; ALL VEHICULAR ACCESS RIGHTS TO MACARTHUR BOULEVARD EXCEPT AT STREET INTERSECTION. WILLIAM J.-DST, L.S.3109 BROADMOOR HOMES PVC. a corporation 1,,BENJAMIN B. NOLAN CITY ENGINEER OF THE CITY OF NEWPORT BEACH , GLENN H. BRSNGLE S. REID GUSTAFSON EXECUTIVE VICE PRESIDENT VICE PRESIDENT STATE OF CALIFORNIA] S.S. COUNTY OF ORANGE ON THIS DAY OF 1976, BEFORE ME , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED GLENN H. BRENGLE KNOWN TO ME TO BE THE EXECUTIVE VICE PRESIDENT AND S. REID GUSTAFSON KNOWN TO ME TO BE THE VICE PRESIDENT OF BROADMOOR HOM9S, INC. A CORPORATION THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME, WITNESS MY HAND AND OFFICIAL SEAL, MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. ORANGE COUNTY, CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL PROVISIONS OF THE SUBDIVISION MAPACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH, AND [AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS DAY OF 1976. CITY ENGINEER STATE OF CALIFORNIAISS COUNTY OF ORANGE I, W.E. ST. JOHN, COUNTY CLERK OF ORANGE COUNTY, DO HEREBY CERTIFY TO THE COUNTY RECORDER OF SAID COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COL•L.ECTE.D AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIS DAY OF 11976 W. E. ST JOHN By. COUNTY CLERK OF ORANGE COUNTY DEPUTY STATE OF CALIFORNIA� COUNTY OF ORANGE J( I, LAURA LAGIOS , CITY CLERK OF THE CITY OF NEWPORT BEACH, DO HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF SAID CITY AT A REGULAR MEETING THEREOF HELD ON THE DAY OF ,1976, AND THAT THEREUPON SAID COUNCIL DID BY AN ORDER DULY PASSED AND ENTERED APPROVE SAID MAP AND DID ACCEPT AN EASEMENT IN AND OVER LOTS AINGESS AND EGRE!R AND PUBLI C'UTI'LITY PURPOSES • THERGENCY PEDESTRIAN SIDEWALK ANAND PUBLICI D TY PUBLIC UTILITY EASEMENTS; THE DOMESTIC WATER DISTRIBUTION SYSTEM AND APPURTENANCES, THE SEWER COLLECTION SYSTEM AND APPURTENANCES AND ALL VEHICULAR ACCESS RIGHTS TO MACARTHUR BOULEVARD AS DEDICATED. -- DATED THIS DAY OF ,1976. BY STATE OF CALIFORNIAl1 S.S. COUNTY OF ORANGE ON THIS DAY OF ,1976, BEFOR ME , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED KNOWN TO ME TO BE THE PRESIDENT AND , KNOWN TO ME TO BE THE OF THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME WITNESS MY HAND AND OFFICIAL SEAL. MY COMMISSION EXPIRES NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. I SnEer 6 \\ � 2 SNEE( H0. N.T. S'. CITY CLERK STATE OF CALIFORNIA� COUNTY OF ORANGE SS I,ROBERT L.CITRON, COUNTY TAX COLLECTOR AND REDEMPTION OFFICER OF ORANGE COUNTY, DO HEREBY CERTIFY THAT ACCORDINGTOTHE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND SHOWN WITHIN THE COLORED BORDER ON THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY, OR CITY TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES. DATED THIS —DAY OF ,1976 ROBERT L. CITRON BY - COUNTY TAX COLLECTOR DEPU AND REDEMPTION OFFICER EXAMINED AND APPROVED THIS DAY OF C.R. NELSON COUNTY SURVEYOR []7 ,197 DEPUTY EXAMINED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH THIS DAY OF 11976. BY RICHARD V. HOGAN EX-OFFICIO SECRETARY SIGNATURE OMISSIONS NOTE PURSUANT TO THE PROVISIONS OF SECTION 66436 (b) OF THE SUBDIVISION MAP ACT THE FOLLOWING SIGNATURES HAVE BEEN OMITTED: A SOILS REPORT DATED WAS PREPARED BY FEB 20,076 SHEET Z OF -Ls- SHEETS SCALE: 1" = �0 °TRACT NO9260 (PO/PT/ON TENT. T/Pi9GT NO. qo, 7v /N AY C/TY Of Nff' Mlfr 4669C/1, COUNTY Of ORfINGf, sTi9Tf . V elf PORN//? R�9UB Bf/N fiPOST �' AyMelllAres W Oti ° ¢0 - gyp. 4h A • "Y Qs. C-6 dg g2 Y76_56'19 K'. %•,anl P.RC. l/ 'w4.. L � M `L iCi � 5358 moo. 00 epAE N25°40600 �. o�s3� \Sofia. o. 4/00 �plo ,00�/' �6Q• 4 � °? moo/ � q1 / 0•/?%/46 /lyoJ 7 9.296.0< �e b L•3.34' lb 10 o � 0 tio. 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FROST L.S 3109 WE THE UNDERSIGNED, BEING ALL PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND COVERED BY THIS MAP, DO HEREBY CONSENT TO THE PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE COLORED BORDER LINE AND WE HEREBY OFFER FOR DEDICATION TO THE CITY OF NEWPORT BEACH AN EASEMENT It AND C'VER LOTS A,B,C,D,E,F,G,H,I A^JD J AS SHC1A'N FCR EMERGENCY AND FJB'_.'.0 SECURITY I CRESS All ID EGRESS AUD P'.1c._; ; UTILITY PURPC.SFS; THE PUBLIC UTILITY EASEMENTS AS SHOWNi THE DOMESTIC WATER DISTRIBUTION SYSTEM AND APPURTENANCES AND THE SEWER COLLECTION SYSTEM AND APPURTENANCES LOCATED WITHIN SAID LETTERED LOTS AND EASEMENTS ALL VEHICULAR ACCESS RIGHTS TO SAN MIGUEL DRIVE,EXCEPT AT STRET INTERSECTION. BROADMOOR HOMES, INC) a corporation. GLENN H BRENGLE S: RED GUSTAFSCN : EXECUTIVE VICE PRESIDENT VICE PRESIDENT FIRST AMERICAN TITLE INSURANCE COMPANY, A CALIFORNIA CORPORATION, TRUSTEE UNDER DEEDSOF TRUST RECORDED IN BOOK 11672, PAGE IB24 OF O.R. ,Ati'0 )&' 600Y 11722, PAGE /633 OF C.R. I,rE PV q_��. I ASSIS TAI1T SEcQCT-AR STATE OF CALIFORNIA� COUNTY OF ,RRANGE S S, ON THIS,% _ DAY OF !{G h 1976 , BEFORE V-;_. A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED GLENN_H_.B_RENGLE __,KNOWN TO ME TO BE THE EXECUTIVE VICE PRESIDENT, AND S REID GUSTAFSON KNOWN TO ME TO BE THE MICE _PR_ESIDENT _ OF BROADMOOR HOMES, !.NC., A CORPORATION, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME. WITNESS MY HAND AND OFFICIAL SEAL:K�- MY COMMISSION EXPIRES ' NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. STATE OF CALIFORNIA S.S. COUNTY OF ORANGE ON THIS DAY OF F� ,1976, BEFORE ME,—"—� 1- — -- ��_-� =11 A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED —_—KNOWN TO ME TO BE THE PRESIDENT, AND = __ ` , KNOWN TO ME TO BE THE .-SS - S,-/2-`-f ^`" OF FIRST AMERICAN TITLE INSURANCE COMPANY, THE CORPORATION THAT EXECUTED THE WITHIN INSTRUMENT AND KNOWN TO ME TO BE THE PERSONS WHO EXECUTED THE WITHIN INSTRUMENT ON BEHALF OF THE CORPORATION HEREIN NAMED AND ACKNOWLEDGED TO ME THAT SUCH CORPORATION EXECUTED THE SAME WITNESS MY HAND AND OFFICIAL SEAL: cn - MY COMMISSION EXPIRES ._ `�A - ? F 's'? NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE. Cp `THEFT yo 3 - 6p , i 1 I 24 64 8 3:30 JUN 17 191 16' v "" FIRST AMERICAN TITLE INS. CO. I, WILLIAM J FROST, DO HEREBY CERTIFY THAT I AM LICENSED LAND SURVEYOR ( NO 3109)OF THE STATE OF CALIFORNIA,THAT THIS MAP, CONSISTING OF SIX (6) SHE ETS AND THE TRUE AND COMPLETE SURVEY MADE IN FFBR',; ,•-1 1 1976, WHICH IT CaRRECTLY REPRESENTS WERE BOTH MADE BY ME OR UNDER MY DIRECT- ION; THAT THE MONUMENTS ARE OFTHE CHARACTER AND OCCUPY THE POSITIONS INDICATED, OR WILL BE SET IN SUCH POSITIONS WITHIN NINETY DAYS AFTER THE ACCEPTANCE OF IMPROVEMENTS; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. WILLIAM J. FROST, L S 3109 z I, BENJAMIN B. NOLAN CITY ENGINEER OF THE CITY OF NEWPORT BEACH , ORANGE COUNTY, .CALIFORNIA, DO HEREBY CERTIFY THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY THE SAME AS THE TENTATIVE MAP AS FILED WITH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION, THAT ALL PROVISIONS OF THE SUBDIVISION MAPACT AND CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT. DATED THIS 1sr DAY OF IJ✓NE 1976. BENJAMIN B. NOLAN, CITY ENGINEER R.0 E 12806 STATE OF CALIFORNIA�SS COUNTY OF ORANGE I, W.E ST JOHN, COUNTY CLERK OF ORANGE COUNTY, DO HE REBY CERTIFY TO THE COUNTY RECORDER OF SAID COUNTY THAT THE PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSfy1ENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP. DATED THIV�DAY OFK1z1D1IF , 1976. �, > W. E. ST JOHN 6BY COUNTY CLERK OF ORANGE COUNTY p TY STATE OF CALIFORNIA� COUNTY OF ORANGE 1'7! i° vv.-'^ 7 5EA,f ! I, DORIS GEORGE CITY CLERK OF THE CITY OF NEWPORT BEACH, DO HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE CITY COUNCIL OF SAID CITY AT A REGULAR MEETING THEREOF HELD ON THE 22ND DAY OF MARCH 1976, AND THAT THEREUPON SAID COUNCIL DID BY AN ORDER DULY PASSED AND ENTERED APPROVE SAID MAP AND DID ACCEPT ON BEHALF OF THE CITY OF NEWPORT BEACH:AN EASEMENT IN AND OVER LOTS A,B,C,D,E,F,G.H,I6,J FOR EMERGENCY AND PUBLIC SECURITY, INGRESS AND EGRESS AND PUBLIC UTILITY PURPOSES; PUBLIC UTILITY EASEMENTS; THE DOMESTIC WATER DISTRIBUTION SYSTEM AND APPURTENANCES;THE SEWER COLLECTION SYSTEM AND APPURTENANCES;AND ALL VEHICULAR ACCESS RIGHTS TO SAN MIGUEL DRIVE,AS DEDICATED' AND DID ALSO APPROVE SAID MAP PURSUANT TO SECTION 66436(b)(1) OF THE SUBDIVISION MAP ACT. DATED THIS /STDAY OF JU N E ,1776. BY CITY CLERK STATE OF CALIFORNIA' COUNTY OF ORANGE } SS I, ROBERT L. CITRON, COUNTY TAX COLLECTOR- TREASURER OF ORANGE COUNTY, DO HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LIENS AGAINST THE LAND SHOWN WITHIN THE COLORED BORDER ON THIS MAP OR ANY PART THEREOF FOR UNPAID STATE, COUNTY OR CITY TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES NOT YET DUE AND PAYABLE. DATED THIS�DAY OF kM-2 ,1976: ROBERT L. CITRON BY COUNTY TAX COLLECTOR -TREASURER DEPUTY TAX COLLECTOR EXAMINED AND APPROVED THISIZe DAY OF,1976. C.R. NELSON BY — COUNTY SURVEYOR D PUTY EXAMINED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH THIS T= DAY OF MARcu : 11976. BY RICHARD V. HOGAN EX-OFFICIO SECRETAR SIGNATURE OMISSIONS NOTE PURSUANT TO THE PROVISIONS OF SECTION 66436 (b)(1) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN CMITTEU. THE IRVINE COMPANY, HOLDER DEAN AIRSPACE EASEMENT BY DEED RECORDED IN BOOK 9756, PAGE 527 OF 0 R.;AND THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA, OWNER OF RIGHT OF WAY FOR EXISTING ROADS BY DEEDS RECORDED IN BK.1211, PG.317 OF O.R.,AND IN BK. 2402,PG.469 OFO.R RECEIVED CommRECEIVED Development Dept Jl1N 2 81976D- CITY OF NEWPORT [;EACH' , - /NDEX A SOILS REPORT DATED DECEMBER 2, 1975) WAS PREPARED BY ALBERT R. KLEIST, R.C.E. 16351. SEE SHEET 6 FOR BASIS OF BEARINGS, MONUMENT NOTES, BOLINDRY CONTROL MAP AND EASEMENT NOTE. lom - • ,!#fii E, 878 33 DUPLICHIL SHEET_ 2 OF r SHEETS SCALE: 1" = 4fa ° IRN'ACdombT N-®- 9260 24648 j"ON' rE^r'T ?.9Cr ,N ?C/4� AGCERTLo ATW FILED - fICREf�GE 22.043 IN rl7f C/TY of Nfiyp(,4/PT ef/9C/y COl//V%f' &4f �/� IY6f JUN 17 1976"T p INM 7a Wrif 4'' LOTS /9 -✓, /NCLUSIVE p7q ,c n c ,q p p ' U///TG a el LIFO/I NI//. FIRST AMERIC� tJ T T E IPJS. CID. ,p �+j'' / �+ p / C".,•,�- COUNTY RECORDS !�Y/LL/fIN J° F/l a& l L.1/. -3/a. 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CO. sTi9Tf Of C//LIFO/I N/ ORANGE COUNTY RECORDS / / J. WYLIE CARLYLE County Recorder `Y/L L //9M J. f1i aS r L. S 3/09 �C'pgp ppy p , 'RE � - 7 ND 4 0i 4G 'Y68°35 39"N r'V'0) / ti ,23 9 0„ ., Z1,3 ' a • °z� QO i3 - `^ •,��� VAS 'qS �� �' 319 36 °�� a �'g1 ' °3 �'1�� - - �� ��',;'> � � �'7,>'2¢2o;q•423ao'f��-z gtiO'r Q .�. gyp- /i'�oB°'✓C' L�Q 'OO� 1 /�4 jZ -_ � Z3Z7. - 205' Sr/fEf7) \; 4b3C' _ Z LOT E pQ fTTE�,9�3 R�/� Z' 9,0' C_ _ -a /06 35.23150' Or C/� _ __- 63gD- �5 1'_,_�r'\ _�°��,�/� -- 0300 1 p� p• __---a, — -' 04"I✓ a oi�o :� ACC ly V y' o rg2�1/� ��� ,ph i / 2ZOp0' (•/26. 207.649.�'4, 37' Z3.90 a.. V 80 ��� (/t ./ !° oo.?o• 1c , i lRRO. �Z 04'N _ 93 A'7, 3 _-� 1 N77°9204° Q- ----- - '� q� {�f'' - o, \o "' �i --� • I �, h �i j j .h'O.�l 5 s \m z � ' �-_{ '� � s� mi '\ �' ILA .- j� t, V ,� 'L, 33„ 0 66°Q/✓0 %Y '45..74' _ b �T 1 \„1 x,. - \�:� " lY� 00 $Qg 11 �aQ° E0� h p1 Ic a l 76. \�� n. }� NGB°C/ 00 ii' /086? 4c '�/7 Sp• 2S. 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S 3/D 9 ° --- `� y�%iYT ai.Y FfaRar9Rr, 1976, 1�� �1 J6V 16�� dtJ fy o l /60 O ao .y O 9 v �� I� tea. �,'_ �T � � 1p• � f c-�y� � _ao, r� � y� � i ,, \. fir• J �' � / � o � TO'• $4 15 e/ S tiG2ai' /!6'-3d 4r IV �, 1 (• ado° `y nh i \ `C_r •=°y `�"-��. r.;•ys�_ ��� .,>�- �*-'- St?� �.�� .19 /�•. rlr oo �• / b y <�, / �`\r%P9D •Cp f' Zt h\ ,((��+�i� y �9 y/P91 \` a�or� ysF 1iCp /6p0 \ �• �' 3 �y c" '� h ��°r a� pr 1 X�tp \ C Orr NIX \ G� �h / '~yp' ''�8j oi" �o, 00 /1- GG •�' � .y Td° ny/��' � ht i:` 0. �h rh ti6D3 >pQ3,op.�3sj2'y.. ti i• �� `�� 0.eC�n a � / ,• �1ti .2p tv 3j3g.; j C\a, , �'h• --- ---- - - --- h L FAO' b, _:S°76°04'49" v- �� '/5 �J L• 46 6' a; �,� �• ' /� ;L=/Q/Z' � : 1 � 4453 �� ����� ��, I30 ?L'B..;C : ��. 9pJ� / p%p OEO/Ci97E0 TO 7/le CITY Df h°� 1, N8i°0/. `�� :�A'B5°46;6li'r/Y•90% -.. 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LhO. ^ I Ge'3iOG %flC If: Z9-3/'4�/Ra9i v j � g9 ��• r73 dEZYBgjag 09 l'Ia12 S?3 CURVE OfITA a R [ 7 If R [ 04' 30' 400. 00' p4.74' ©-- 80 ° 35' 39" W JO 28.'3' to--/0° /9' 43' 400.00' 70,//' l/4 -- e7° 27 J0" 136 00' 65.76' ^ 3- 55' /3" 377 ea' 2579' - -- Z7° 27' 00' //5.00' 55-70' 28.09' 4��-94° 55 5/' MM' 33./4• !/�-27° e7'00- 99.00' 4743' ^- �__ LJ - -- 24 ° 42' 08" 9S 00' 40. 97' /7 — /V ° , 5 /5" 4Z 00' 88 '6' (&n --88 ° 76' S4" 42 00' 65 ea, ^- /8 87 ° 24' 28" 20 00' 50 5/' - (✓---- -98° /5' 5/" eaaa 3430' -- - ----- 6° 23' 50' 35000' 39.08• - (Bz- 6° 1170/Z" 4a0.00' a738' Q---le' 05' 55' 573.00' 7876' - 9�- - -/O° /5' 09" 377.00' 67.46' 2/ - -84=00 C2- W00' 09.93' /0 0' 25' 39" 373 0O' Z 78' ^- !`ZZ -- 5' 59' Be 9 5e.. 00 36 58' ^- // ---- 5° 36' 03" 35000, 34el, 23 --- 9° ZB'43" 35000' 57.90" 60 0/' 42" 3500o' 3(0.82• N(bo IDeq DePQ (-j row 9 i V / � g � 4 ' 9� � �0� I e- • JVN� v a�cN 0 p1 h2 R9 v Nip c F to Pa, of ti hb' i 4, 39. So . V(7.t 11947 �rfE' S.dfGT ��� f 9?EM'vT .1l'E 6• 7 19 47 i SfE S 7fE6 / f9 N /NOE,X hl9P 3 • F(UG S'' Tifel/r, NO /EF df0•YU!'EN7 NO :-S ,9.N0 eOUNp/9iPY S� .IUN 2 51�16 378 36 — SHEETS KWM A CT NDUPLICmA0 .2 4 6 LL SHEET L _ OF_- $ )J2 6 TE;Y•T %Q/fLJ 9;7¢7) ACCEPTED AND FILED /iCi9EfIGE FFA93 "—' °111N 1 7 I9l64t :30 70 LOTH' e w7tf i9 -✓, /NCLU�S'/YE T T F /QF/�/�/y FlRlTAVdfaVflfiE I14, /N T/yf emry D��r glymoaalfl- A•//�r•,/qs �/// p CODUNTY Of 0/Pemz-), ORANGE COUNTY RECOn DS Q/' C///L/%rQ/!/// WYICARLYLE Coumr Reco ds !'Y/LL/r m fiPOsT, L.S. 3/09 fEelnllf Pl',1976 q1. RPflLd•25°50,31' Cl Qf� 852' srso o�� �ti�C� ,ii � L' �9�-d' \\ "> �Q o?> '`'" ,.� ! �A q`L .•^,�1`4,�. 0a0ggb gotiO4n o°cF\ rR;.O 1IN Zi L•75.50 ti'; + o a oo m" s� °OQUf% u e e:1�134 \1 0 0' 0 \ ':7 °� `a` 20 I �`-�, a.�a° �`'�-sr•QE. 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" - - . . --- - - ! - -. / //'i9/!'i9TE STiffET% c, a" .� \Ot4 V`` hh/���' ,\\' \'�a/ Ca--/ •56 i°" � n nh /' � r � �, i gip' o _ yo. „��:\ Oh �\ .;,V rh �� \\�y - __--=• o. �,-`"�.�. .�,%v .hb Al 8950'00 "iY 76/G9 \ \�' /'� juo 1. d' Z4 1`01.Z3iY cy k, /` N89°50'00'fV /68.59 \ / V h h 07 /h J B'veVea 9, 0' h j° eh y,,?!ss� /r�oJ ` r2z°5G 409 �^ A'69° 50'00'jr 163.24' 3 'f aia �d�^j6///yiP901 �� R�0°4510" >�° �ti,1R sae,-f,dO"E �6• l_S Qy - s 0 �' \ t r. 3BC ^L �. z �: 7409' Z/' sO' - y4' ti Vrl '\ C=72/3 i j'o• 00,• ^ v \' \ 3117 I o m 316' ,E (R, h y�,Q.s• � �2tti�i 6 � � � � � � �-�-.,y°3�3o0' '! \ i °d QO; - ''ass• °h O ��, g p�� a1�'�. �L•2735' �'. o' ' /(/n9 b \� �_.p�9pJ ly �� --y6�'a?•ab oar- \ems. 1 i�a 1'62.57" \ o .4189°50,Vgjy 48 � j .h "C a e:Bj• �` 206 49 00" o "• ! „ 12 2� '" 0.31 o 14 y o u J �p o�> '9' 0 q,-'p10 L `� pE,! \t° • Z'3/EIBAO) e Io tb" - 19 '1Q 0606- C iS'89 50'00"iY //8 29' 91/' I r h ,' � � ° QD 1% o �•1 q , m � o � Sao �G � ,-' R.�'� � � go ZI v,o �• V hD ti0 .�-"ya=a7gy• h 4 o r. d:29_ %z.� a• �a`ee� 120 h o�oo '�3 \ 06 06• °` � °��,. 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R 428Q 10C\ (31 �_ -La° 00 42" 32006, 29 33' r NEryPOY 65�� _ - C' 3 4t 26" 3a" 22" 95C0 44.06' 9' Z8' 03" 35000 57 9O' 7° 4d 30' 35U.GC 4mle, e6- NO°)O'UO"E 5` 5y' /8 350:0 36 58 /4000' 93 3e C2 9 9 6� 4 "a -- i° /9 59" /OC 90 5 B2 S R c°� t 0' 04' 28" 8000.i' /.Oa' ve ve? 96 j5592 j539• v--- - 8,° >0a'` 2U.Op' 30a9" 3 (16)-- O ° /4' >v' BvU. 0 28'e oP 2D 00' 31.77' 50" 31" 45JO' Zo 3U' ti q' 41 E f i'r'" (i ,% 1YG: E 2 - 9° 39 05" 67740 N 73 SEE S YEET (� fO 3 E9SEME.VT NGTF �/} /,r a4' 00" 700 00" /43 35' 7/ 93' --- ,fEE S/IEET 6 f0/9 elfjlS Of BE/I P/NG9 MGrYUMENT NOTES /9/Y0 del11V0,f fY COrVTTiGL M/" r JLIN 4 51976 378 37 DUPLICATE 24648 SHEET OF a SHEETS _ (. ^'Tio,4 T`iYr TiYHCr 9067EKACIF 9 2 6 U [ORANGE CCEPTED AND 3LE3DO fiC�E/9GE 22.043 9,T P rM 17 1976 70 LO%vt LOT�9 /9'✓,/4'G'lUJ/�'E IN THE CITY OF NEWPORT BEACH, COUNTY OF.ORANGE ,STATE OF CALIFORNIA. 77 QQUEST OF ST°Alv{fCAN TITLE INS, C ,000NOr9/iY CONT/POL IWI?Io COUNTYIE CARLYLE County RecorderN/LL//9/v ✓fiPOsf, .S 3/09,S/5 FD 3'/z" BRASS CAP MON.STAMPED PER R/S 64/8-23 IN FEB 196E CN- �! DESTROYED DUE TO CONSTRUCTION F6'33 N6po0� 2g `439 FC STD CITY OF N B MON (2" BRASS CAP IN WELL) PER TRACT 7028 o r g2e. 9 \ \ o I m� " n LLJ aco s I m' R 59701 / , �63s �� ) 3 �O �A76 tl lA 9q 3N > \ 2 tiD RF cl y „ 160, C GTTO ti O���F �\0 J0 O O / \\ 0 / 0 00 \ �A\hti�P� / o o h 02 /O. �/ \ o v a �P �� / ry / o N ti '4u 1z W CO rn N4(.°39'37Z, o°� ¢ UETTE YACHT COQw ' / y / N4�°IB'31"E � 4, 87B6 ' \N28°Oo'23 E� _ ' n � 9977 ry)_- � t � • \,v N2°55'15"W / 140 34 AI 5q S�E DE TA L //, NO SCA,[ /VON/ N6 5 .a ins r) v � � O °� b4s°2Se9' /9 o'3 ^, 6F p /„ NSS° t Q�T4 / / INOTaWWp /905.. w\ NmO FR R S So/3 �6TgOk GP ° lq 0 0Vk ih i 982 66 3. g7. � .:'•A i �p q„ PEA c No TAG N P[ UG v 0 a' a 11�� /ti V � P�Q�Q- 61 -' 0 PF w T'4 Co ry / ,' .' `• N F (sty /22 R4N coUN ^. 0 OL/,EC Tys / / �... \ 0( U °2 NTr?P, 0 y� Sp6.36,. ASS; .. 68 FRR RCj pP� 2 -9 ,0 v /NpTq'[Pw F /��23�Oq S G PFR w0O0 / ��OF O' �z 'jeQ 4b R. S pL FR ' Sp�3 Cti' 4 °Q00 � � G Q/V /. Z" //taN ° //PE Ti9GGE0 `L. B. 3/a9 • NT /9LL /°0/NTS S&aoN T/fUS Q° \Gn pF Z SET / " //Yavy f/PE Ti9G'GEO ` L J j/09 ` i9T 9LL P Ter O/NTJ S/IOHN THUS / \RRFSF 3 SET 71,9NORR0 C/rr of NEOPaifr BENCH MONUMENT �Z' °U.NC/lE0 bRRS9 CHP /N well) 9r /ILL Pa/NTJ S/1a`YN T/!US 4 SET B ` Sf/ i E N /B 9/JSS ff 9S/ ER ST 9M, EO "L S 3/C9 /N THE fiN/S/JED SLlRF.4 L'E /9T /ILL CENTE9L/NE PO/i%T9 Of CONTROL" UNLESS aTNf p{47SE .VOTED NOTE S SET Lff10 4 Th'CT Ti960E0 L S 3'09" /N THE ell fg 9T ; 9LL ?0/NTJ S//0/YN T//OS see SHEET / fOR /NOEX MAP 6 UNLESJ OT/IEiYw/SE NOTED hBOVE' 'n'mez-w Z ,' f,4 Ca/IN_ ,3 "iCH Agar /9 STREET IY/LL BE IV/"/i'EO N/TH .9 LEi90 e 719CK TA66E0 `GS 3/09' //Y r&E aU[Pd OW J/OENRLt' 01Y /3' 0.7s' OfESEr dY PPaoj/e/Ns THE SioE jar L/NfS BASIS OF BEARINGS //No B✓ P/1000C/N6 TAE /Y90/ 9L UNEB fOR NLL OTHER JA/D GOT CO/INERB 7. f0UN0 rY/aN'✓ elvr Hr ,9LL P';:Y'Ts 'T'v /y Iyay --0— C/r' THUS --"►— THE BEARING OF N45020'36"E ON THE t OF SAN MIGUEL DRIVE (FORMERLY MACARTHUR CH9Rr7CTER 79No PEfERENCE /ss ,J'arep BOULEVARD)AS SHOWN ON TRACT NO.7030,RECORDED IN BOOK 269, 8 Er9SE/NENr'/iY AN0 OVER LOTS /9 T,riYud fore PAGES 18 THRU 22 OF MISCELLANEOUS MAPS,RECORDS OF ORANGE /N6/PE5S //NO felez e /r/L/rr /°!//PPasEs o J'C9'f0 raTHE Cirr af:vE�t COUNTY, CALIFORNIA,WAS TAKEN AS THE BASIS OF BEARINGS FORTHIS MAP. eERCH J N 16-3 i JUN 2 51976 SHEET ! OF s SHEETS SCALE: 1" = 40 • o T POrPT/ON TENT T T/P C N ( � r No 9aa7 260 1 /N r//f A,rr ff Nfiffdlfr ffffc& co�Nrr of ors'fNcf STi9Tf Of cflL/fOMIll !?�/LL/fIM J. fiyDST- C.�P 3/09" AI9!/,B df/N fi�OST o" /9UXIAres fZd1fff9iYYj 1776. � z ti _01 0 pw ti i q30 ROO-0011 kp oz a 0 'E Q pti � �J�ss. (RaDI LO24 o` 3Jf �'241~:~ k4 pt 0. h* 160,49- h� 4100• hp. � �� C 6' S9. �' So, �N �::s"• t 89. Z. ° 20 �� �0�2 a J_ �.�• .ate 't : \1 N33°52'Q5" o 5358'E 100 T. •3> �, o �,s. �'p h p� / NZ5°QO'Zi e` � Boa ��" L o_ yvs. QI° p 1 h o. 4p. all .4 L•73.34' co' h� ti1 " . 9p C\gyp• •�� _ . � �' . � �ti •o°pp \6�� aye°9i 25�y/.r.9o� /dsdd, .' �°� `� h� q\� Ira,@L�4t0 : N 86°07/8 o /8' ,yYo l.�sE,�E ey1 �e TO7lYECjrrdf/l/l/-�,GPP�P/�9y6/OEIYZl•7/" ,. �� ova, �> �,.` / /goo• H :s .YEiy,>d�Pr �� �n oEoiOyTo - g'��\Q4e�SP��' z � " " � � , � " $z' OZ Z l6 ' o b o - o c. p79'04 3Z E PEDES�RIS c c t /1O 3 ; O5>! 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