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HomeMy WebLinkAboutC-5949(B) - Restrictive Covenant AgreementRECORDING REQUESTED BY AND WHEN IRECORDED RETURN TO: City Clerk City of Newport Beach 100 Civic Center Drive Newport Beach, CA 92660 Recorded in Off c al Recorcjs, Orange County Hugh Nguyen C e k-Recorde Hii tt!Jiit itt 11 iii! IIIIIIIHIi iii 1111 NO FEE 2015000119937 1:29 pm 03/09115 232407AI2FIS 21 0.00 0.00 0.00 0.00 60.00 0.00 0.00 0.00 THIS SPACE FOR RECORDER'S USE ONLY. Exempt Recording Request per Government Code 27383 and 6103 TITLE OF DOCUMENT: RESTRICTIVE COVENANT AGREEMENT RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City ofNewport Beaeh Publie Works Department 100 Civic Center Drive P.O. Box 1768 Newport Beach, CA 92660 RESTRICTIVE COVENANT AGREEMENT This Restrictive Covenant Agreement ("Agreement") is made by and between the City of' Newport Beach ("City") and Owner of3lo Buena Vista Boulevard ("Owner") with reference to the foliowing: A. Owner ("Owner") is the owner in fee ofthe real property commonly known as 310 Buena Vista BouLevard ("Property"). The Property is eomprised oftwo separate parcels: a residential parcel on which a honie is built ("Parcel 1") and a bay front parcel ("Parcel 2"). The Property is legaily described in Exhibit "C". B. A street right-of-way ("ROW") for Buena Vista Boutevard was dedicated to the City, which varies in width, from 30.00' to 35.88'. C. The ROW has been improved with a 6' wide public sidewaik ("Existing Sidewaik") constructed and maintained by the City and, in the remainder ofthe ROW are located various park-Iike improvements and structures installed by Owner andlor Owner's predecessors in title. D. InstaIIation and maintenance ofthe various park-Iike improvements and structures in the ROW is permitted pursuant to City Couneii Polity L-7, which recognizes that Buena Vista Boulevard 15 used to provide non -vehicular access and views to the waters ofNewport Bay. E. On Oetober 14, 2014, the City Council adopted Resolution No. 2014-89 stating its desire to vacate a portion of the ROW (the "Vacated ROW") provide non -vehicular access and views to the waters ofNewport Bay from the Existing Sidewaik by controlling the height of fiiture improvements on the Vacated ROW. The Vacated ROW is Iega!Iy described in Exhibit "A" and depicted in Exhibit "B" which are attached hereto. F. Owner acknowledges that City would not vacate any portion ofthe ROW, but for Owner's agreement to execute and record this Agreement. NOW, THEREFORE, the Parties agree as foliows: 1, VACATION PROCEEDINGS This Agreement has no effect and will be deerned null and void ifthe Vacated ROW is not vaeated by City or the vacation is deemed void, invalid or ofno effect by a competent Court oflaw. 2. CONDITIONS AND RESTRICTTONS Owner and City agree to the foliowing conditions and restrietions on the use ofthe Existing Sidewaik, Retained ROW and Vacated ROW: A. The City shall maintain the Existing Sidewaik and, ifexpanded as set forth below, the expanded sidewaik. B. The Vacated ROW is the ROW with the exeeption ofthe Existirig Sidewaik and an additional 4' wide strip of land that runs parailel to and eontiguous with the westerty boundary ofthe Existing Sidewaik (col!ectively, the Existing Sidewaik and the additional 4' strip of land is referred to as the "Retained ROW"). A maximum of 2' ofthe Retained ROW can be used for future sidewaik expansion ("Expanded SidewaLk") by the City and the remaining 2' ofthe Retained ROW can be used by the City only for sidewaik maintenance purposes, IfCity eonstructs an Expanded Sidewaik it shall, at its sole cost, remove any improvements in the 2' section of the Retained ROW where the Expanded Sidewaik will be loeated. IfCity construets an Expanded Sidewaik or uses the 2' section ofthe Retained ROW for sidewaik maintenance purposes, it shall exercise due care to protect and not damage any Owner improvements and City shall not be liabte for any in - kind repair or replacement ofOwner improvements. C. The City agrees that the Existing Sidewaik, Expanded Sidewaik, and/or the Retained ROW will not be used, at anytime, for vehicuLar access except as may be required from time to time for emergency or maintenance vehicle access. D. lmprovements existing on the Retained ROW and Vacated ROW as ofthe date ofthe recording ofthis Agreement are depicted and described in Exhibit "D" to this agreement and incorporated herein by this reference and shall be allowed to remain in place. Ifany such improvements are removed and replaced, or if new improvements are installed after the date ofrecordation of this Agreenient, they shall not exceed forty-two inches (42") in height as measured froni the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, immediately adjacent to such improvements. For purposes ofthis Agreement portable items are not improvements nor subject to the height Iimits ofthis agreement provided that such portabJe itenis do not unreasonably obstruct the views to the waters ofNewport Bay. E. Landscaping and vegetation in the Retained ROW and the Vacated ROW, excluding existing trees, shall not exceed forty-two inches (42") in height as measured from the 2 high point ofthe Existing Sidewalk immediately adjacent to such structure. New trees and trees to replace existing trees may be planted in the Retained ROW and the Vacated ROW provided that the tree canopy is at Ieast 7' at maturity as measured from the high point ofthe Existing Sidewatk or Expanded Sidewaik, as appLicable, immediately adjaeent to such tree. Any landscaping and vegetation, exeluding trees, must immediately be trimmed to a height not greater than forty-two inches (42") when the maximum allowed height is reached, except as set forth in Section 3, Maintenance, below. F. The Existing Sidewaik and ifexpanded, the Expanded Sidewaik shall be used for pedestrian use only and as required by State or FederaL law regarding persons with disabilities. G. This Agreement shall not alter any rights or obligations of the City or the Owner in connection with any recorded Encroachment Agreements, and any Owner subject to a reeorded Eneroachment Agreement shall continue to have the benefit ofsuch Encroachment Agreement. H. Each and all ofthe above covenants are hereby declared to be eovenants running with the land burdened by such covenants and are hereby made appurtenant to said land. 1. tffor any reason any ofthe eovenants herein contained is invalid, the same shall not affect the validity ofthe remainder of this Agreement. J. To the extent any of the eovenants herein confliet with City Council Policy L-7, the covenants in this Agreement shatt prevail. K. This Agreement can be rnodified ifapproved in writing by both Owner and City and thereafter recorded in the Offieial Records ofthe County ofOrange. 3. MAINTENANCE Owner agrees to maintain alt landscaping and vegetation in and on the Vacated ROW and Retained ROW, with the exeeption of the Existing Sidewatk or Expanded Sidewalk, as applicable, at or below the height specified in this Agreement. Any trees which have a canopy or foliage which extends below 7' as measured from the high point ofthe Existing Sidewaik or Expanded Sidewaik, as applicable, immediately adjacent to such tree shaLl, ifpossible and not detrimental to the health ofthe tree, be pruned or taced to maintain an openness that aliows some relief from a solid wall ofcanopy or foliage as to that portion which is below 7', and be 75% opaque. City recognizes that there may be some existing plants or shrubs that cannot be trimmed to 42" in height without injuring the healih ofthe plant or shrub and in such case they shall be trimmed or pruned to be 75% opaque. City shalt have the right to enter onto the Vacated ROW to bring the Iandscaping or vegetation into conformity with this Agreernent, in the event Owner faiLs to do so within thirty (30) days after written notice of non-compliance is served 011 Owner. Owner shall pay City all reasonable costs associated with enforcement ofthe height restrictions on landscape and vegetation. 3 4. MUTUAL RELEASE A. Owner and City (ineluding offlcers, agents, and ernployees) agree to release and diseharge each other from any elaim, loss or IiabiIity or damage that now exisis, that is in any way related to their respective control or maintenance ofthe Vacated ROW and Retained ROW. Except for the Existing Sidewaik, Owner also acknowledges that the maintenartce ofthe private improvernents and landscaping in the Retained ROW has been the responsibility of Owner, or Owner's predecessors, since the lustailation ofthe landscaping and private improvements in the Retained ROW, through the date of recordation ofthis Agreement. Owner and City have consulted with legal counsel and as a result of that consultation fully understarid the nature and extent ofthis release. B. City releases and discharges Owner (ineluding heirs, executors, administrators, successors, and assigns) from any claim, loss, liability or damage that is in any way related to Owners improvements to, or maintenance or control of, the Retained ROW or Vacated ROW prior to the date this Agreernent is reeorded. C. In granting their mutual reLeases, City and Owner waive the provisions ofSeetion 1542 ofthe Civil Code that reads as foliows: "A general release does not extend to clairns which the ereditor does not know or suspect to exist in his favor at the time ofexecuting the release, which ifknown by him must have materially affeeted his settlement with the debtor." 5. NOTICES Notices required to be sent pursuant to this Agreement shall be deemed given when personally delivered to the Party or when deposited in the 13.5. Mail, first class postage prepaid and addressed as follows: OWNER Katherine L. Fisehbeek, Trustee and David G, Pomeroy, Trustee 310 Buena Vista 977 St. Joseph Court Newport Beaeh, CA 92661 Los Altos, CA 94024 CJTY City of Newport Beaeh — City Manager 100 Civie Center Drive Newport Beach, CA 92660 4 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on ,2014. APPROVED AS TO FORM: / By: AUEST: City Attorney City Ckrk CITY OF NEWPORT BEACH, a Municipal corporation OWNER: Katherine L, Fischbeek, as Trustees U/D/T 4/19/98, Amended 9/16/2013 [S0%} By: ( Katherine L. Fischbeck, Trustee Elizabeth R. Pomeroy and David G. Pomeroy, Trustees ofthe Elizabeth R. Pomeroy Trust dated June 15, 1992 as amended and restated on 2/27/14 U/T/A 6/15/92 [50%] By: Eiizabeth R. Pomeroy, T David G. Pomeroy, Tr/istee IhCLIENT\Buena Vista Homeovmers\Restrictive Covenant Agreement 141021 3! 0.doc LM 9.2214 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A nolary public or other officer cornpleting this certificate verities only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of (J»k On Det 1L,c,4 Date personaily appeared before me nc',., (L 1 I ( r%_A__7' 4 -''.74 Here Insert Name and 77t14 af the Officer C4eri L. flsc}n&K Name)of Signe4sr who proved to me ori the basis of satisfactory evidence to be the persons)- whose names 6Sare subibed to the within instrument and acknowled9ed to me that he(f/they executed the same in histhe4their authorized capacity(ies), and that by hisietheir signatur($ on the instrument the personfs), or the entity upon behalf of which the person(sacted, executed the nstrument. JOEL MASSEY Conimission # 2025944 Notary Pubflc - Cahfornia �range County Cornrn. Expires Maj 24, 201 Place Notary seal Above 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL /7/ 7- ignature of Notary P&kfc Thou. a s section is aptional, completing this information can deter altaration of the document or .udulent reattachment of Uiis form to an unintended document. Description of Attached • mnt Title or Type of Document: Number of Pages: Signer(s) Oti?9 Capacity(ies) claimed by Signer(s) Signer's Name: fl Corporate Officer — Title(s): D Partner — E Limited E General fl Individual D Attorney in Fact [1 Trustee [11 Guardian or Conservator � Other: Signer Is Representing: Document Date: n Named Above: Signer ame: U Corporate S icer — Title(s): E Partner — E Li ed Ei General D Individual ey in Fact [1 Trustee EJ Guardi. - ar Conservator U Other: Signer Is Representing: ©2014 National Notary Association www.NationalNotaryorg' 1-800-US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORN[A COUNTYOF 5Arni 2tttt ) On DEt�HCI'L before me, H,UC4 &'fllHC/Z, /Ji71f&//3t1c DATE INSERT NAME, TITLE OF OFFICER — E.G.., "JANE DOE, NOTARY PUBLIC personaily appeared, EA/Z4Em ,4we.cY who proved to me on the basis of satisfactory evidence to be the personi) whose name4) is/are subscribed to the within instrument and acknowledged to me that hef4ihey executed the same in his/her/their authorized capacity(), and that by his4jtheir signature(s) 011 the instrument the persons), or the entity upon behalfofwhich the person) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the Jaws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seaL N ARY FUBLIC SICNATURE TIIIS OFTIONAL TNFO DOCUMENT. (SEAL) •M!NDAJ. CUTCHE4 o COMM. # 2070016 (4'4 NOTNYPU$LIcLJF� 's SANTACLAPACO(JNTY 0 OPTIONAL INFORMAT1ON XflON SECTION 15 NOT REQHRED BY LAW BUT MAY BE BENEFICIAL TO PERSOMS RELYINC ON TBIS NOTARIZED TITLE OR TYPE OF DOC ENT DATE O1 DOCTJMENT SIGNERS(S) OTRER THAN NAME» ABOV SLCNER'S NAME RIOHT NUMBPRTNT NUMBER OF PAGES SJGNER'S NAME To order supplies, please contact McGlone Insurance Services, Inc. at (916) 484 0804. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF 5,wr4 2rngjt ) ) On Z before me, /z'JcA (DrCHc �y A&&jc DATE INSERT NAME, TTTLE OF omcER — EG- 'JANE DOE, NOTARY PUBLIC personaily appeared, /JAL'u Hv1'e/eoy who proved to me en the basis ofsatisfactory evidence to be the person(,$ whose nam4s) 9are subscribed to the within instrument and acknowledged to xne that1i2he/they executed the same hVIij�her/their authorized capacity(jr), and that byher/their or the entity upon behalfofwhich the signature on the instrument the person person(»acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WLTNESS my hand and official seal. NOTARY UELIC SIGNATURE "t.MINDAJCUTCHY COMM. #2O7�Qjg O NOTARy PUBLIC . CAUFoRpij 0 SANTA CLAftA COUNTV 1) (SEAL) OPTIONAL LNFO1tMATION ThIS OPT!ONAL INFORMAT1ON SECTIO IS NOT REQVfRED BY LAW BUT MAY BF. BENEFIOAL TO PERSONS RELYINC ON TfflS NOTARIZED DOCUMENT. TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT SJCNERS(S) OTIIER THAN NAMED ABOVE SIGNER'S NAME R)GHT THUMBPRINT NIJMBER OF PAGES Slt• R'SNAME To order supplies, please contact McGkine Jnsurance Services, Inc. at (916) 484 0804. EXHIBIT A LEGAL DESCRPTION PARTiAL VACATION OF BIJENA VISTA BLVD. IHAT POR11ON OF BUENA V1STA BOULEVARD AS SHOWN ON SUBDMSION OF' BLOCK 'A' OF EAST NEWPORT, PER MAP RECORDED IN BOOI( 4, PAGE 51, 0F' MISCELLANEOIJS MAPS, RECORDS OF ORANGE COUNTY, CAUFORNIA BEING DESCRIBED AS FOLLOWS: COMMENCING AT ThE MOST WESTERLY CORNER OF LOT 167 OF SAIO MISCELLAPIEOUS MAP AISO BEINC A POINT ON NORTHERLY RIGHT OF WAY BAY AVENIJE (25.0 FEET HALF WflH) AND A POINT ON THE SOIJIHERLY RIGHT OF WAY BUENA V1STA BOULEVARD; THENCE LEAVING SAID GORNER ALONG SAID NCRTHEASIERLY RIGHT OF WAY GE BAY AVENIJE NORIH 7&30'34 WEST, 16.79 FEET TO THE TRUE POINT OF BEGINNING; IHENCE CON1INUING ALONG SAID NORTHEAS1ERLY RIGHT OF WAY NORTH 7&30'34 WEST, 43.45 FEET; 1HENCE LEAVING SAID NORTHERLY RIGHT OF WAY OF BAY AVENUE AND ALONG 1HE NOR1HERLY RIGHT (7 WAY (7 BUENA VISTA BOULEVARD ThE FOLLOWING COURSES: NORTH 64.5554t EAST, 349.79 FEET; NCR1H 4322'34" EAST, 411.19 FEET; THEN� LEAV1NG SAID NOR1HEASTERLY RIGHT (7 WAY SOU11I 4615'OS' EAST, 24.00 FEET TO A POINT ON A UNE PARAU.EL WITH AND 10.00 FEET NOR11IWESTERLY, MEASURED AT RIGHT ANOLES FROM 11IE SOLJTHERLY RIGHT OF WAY (7 SAID BUENA VISTA BOULEVARD; THENCE ALONG SAJO PARALLEL UNE THE FOLLOWING COIJRSES: SOUTH 43'22'34" WEST, 430.87 FEET; THENCE SOU1H 64'55'54" WEST, 303.81 FEET TO 1}IE 1RUE POINT OFBEGINNING CONTAINS 16.878 SQ. FT (i','—) OR 0.39 ACRES (+/—) OFLAND, MORE OR LESS. Alt AS PAR11CIJLARLY SHOWN ON EXHIBIT nBW. ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. NCENT W. SCARPA11 R.C.E. 33520 DATE UC. EXP. DATE: 6-30-2016 SHEET 1 OF 4 BY: GT DATE: 09/18/2014 SCALE: NONE CSW1iE CONSULTING, INC CIVIL ENGINEERING LAND PLANNING & SURVEVING 27155 SURBANK FOOThILL RANCH, CA, 92610 T. 949.916.3600 F. 949.916.3805 WWN.CVC-INC.NET EXHIBIT "A" VACATION LEGAL DESCRIPTION 1 EXIIIBIT B EXHIBIT B QEDGEWATER AVE 14 SCALE: 1" 100' / L T.P.O,5. UNE TABIE NO. BEARING LENG1H LI N78'30'34"W 60.24" 12 N7B'30'34'W 16.79' 13 N7W3O'34"W 4345' 14 N46l505wW 24.00' NOTE: BUENA \ISTA BOULEVARO St40#4 KEREON IS BASED CN mE W10Th 01' 35.86' AS SH0Wt1 CN ASSESSORS PARCEI. MAP. BUENA STA BOULEVARD PER 'BLOCI( A EAST NEWPORr AS RECORDED IN BOOK 4. PAGE 51 OF MISCEIJ.ANEOUS MAPS, SHOWS A ND1M OF 30.00' SHESI 2 OF 4 BY: GT DATE: 09/18/2014 SCALE: i"=lOO' cs..v r CONSULTING, INC. CIVIL ENGINEERING LAND PEANNING & SURVEY!NG 21156 BURBANK FOOThILL RANCH, CA, 92610 T. 949,916.3600 F. 949.916.3805 .CVC-INC.NET EXHIBIT "B" PARTRL VAGATION OF BUENA VISTA BLVD 2 2- SCALE 1"=SO, 0 EXHIBIT B IJNE TAGLE NO. BEARING LENGTH 11 N78'30'34W 60.24" 12 N78'30'34W 16.79' 13 N78'30'3CW 4145' L4 N4615'05W 24,00* - " \159 cg, r\\ \•V 160 \ LP.O.B. 4\S_'> 162 \161 \\ \ \ 164 163 \&0t u\166 \165\ - p,o.c 1 - 1 \ € SHEET 3 OF 4 BY: Gi' DATE: 9118/2014 SCALE: 1'=5O' •'')' '---.- (_ &%/tI CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & $URVEYING 27156 SURBANK FOOTHILL RANCH, CA, 92610 T. 949.916.3600 F. 949.916.3805 WVWtCVC-INC.NET EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD 1 SCALE 1" = 50' / 14 / // /\ // / $ / \148 /N / //\ 147 / y 149 N /7/ \ 150 // EXHIBIT B /K / \151 \(\ 152 -,%- / // - / // 153$ / , / \ \ / \\ 156 > /< \158/\ 159\ / \ / , / / SHEET 4 OF 4 BY: GT DATE: 9/18/2014 SCALE: ?:50' C&\ r CONSULTING, INC. CIV& ENGINEERING LAND PEANNING & SURVEVING 27158 BURBANK FOOTMILL RANCH, CA, 92610 T. 949.916.3800 E. 949.916.3805 a.cvc-ING.NET EXHIBIT "B" PARTIAL VACATION OF BUENA VISTA BLVD 1 1 LOT 163 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: PARCEL 1: LOT 163 OF THE SUBDIV1S!0N OF BLOCK A'OF EAST NEWPORT, AS SHOWN ON A MAP RECORDED IN BOOK 4, PACE 51 OF MISCELLANEOUS MAPS, RECORDS OF ORANCE COUNTY, CALIFORNIA; TOGETHER Th THAT POR11ON OF BUENA VISTA BOULEVARD L'y1NC BETWEEN THE NORTHWESTERLY PR0L0NGAT10N OF THE NORTHEASTERLY AND SOUTHWESTERLY LINES OF SAID LOT 163. RESERVING THEREFROM THE SOUTHEASTERLY 10.00 FEET OF SAID BUENA 'VISTA BOIJLEVARD, AS AN EASEMENT IN FAVOR OF THE CITY OF NEWPORT BEACH FOR NON -VEHICULAR PUBUC ACCESS AND SIDEWALK MAINTENANCE PURPOSES. PARCEL 2: BECINNING AT THE P�NT OF INTERSECTI0N OF TI-3E NORTHWESTERLY LINE OF BUENA VISTA BOULEVARD WITH THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY LINE OF LOT 163 OF THE "SUBDIV1SI0N OF BLOCK A" OF EAST NEWPORT, AS BOTH SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 51 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTHWESTERLY ALONG SAID NORTHWESTERLY LINE OF BUENA V1STA BOULEVARD TO ITS INTERSECTI0N WIN THE NORTHWESTERLY PROLONGA11ON OF THE SOUTHWESTERLY LINE OF SAID LOT 163; THENCE NORTHWESTERLY ALONG THE LAST MENT0NED PROLONGA11ON TO THE LINE OF ORDINARY HGH TIDE OF THE PACIFIC OCEAN IN NEWPORT BAY AS DESCRIBED IN THE DECREE RENDERED IN THE SUPERIOR COURT 0F THE STATE OF CALIFORN!A, IN AND FOR THE COUNTY OF ORANGE IN AN ACTION EN11ThED "CITY OF NEWPORT BEACH, PLAINTIFF, VS BAY SLAND CLUB AND OTHERS, DEFENDANTS", CASE NO. 24080, A CER11FIED COPY OF WHICH WAS RECORDED SEPTEMBER 19, 1928 IN BOOK 203, PAGE 95 OF OFF1CIAL RECORDS OF SAID ORANGE COUNTY; THENCE NORTHEASTERLY ALONG THE SAID TIDE LINE TO THE NTERSEC11ON TH SAID NORTNWESTERLY PR0L0NGAT10N OF THE NORTHEASTERLY IJNE OF SAID LOT 163; THENCE SOUTHEASTERLY ALONG SAID PROLONGATION TO THE POINT OF BEGINMNG. 'Q1NOEr4n9ThCARPA11 R.C.E. 33520 LIC. EXP. DATE: 6-30-2016 DATE SHEET 1 OF 1 BY: MOX DATE: 11-17-2014 SCALE: NONE c&v 'i CONSULTING, INC. CIVIL ENGINEERING LAND PLANNING & SURVEVING 27156 BURBANK FOOTHILL RANCH, CA, 92610 T. 949916.3800 F. 949.916.3805 WWW,CVC-INC.NET EXHIBIT "C" LOT 163 EXHIBIT D 310 Buena Vista Blvd. Pagel of 3 310 Buena Vista Blvd. Page2of3 310 Buen Vista Blvd. Page 3 of 3 Refererices: A. Hibiscus Bush: 83" - Required to be trimmed and maintained to a maximum height of 42 above sidewaik grade. B. Shrub: 52" - Required to be trimmed and maintained to a maximum height of 42" above sidewaik grade. C. Brick Wall: 17' D. Brick Wall: 17" E. Brick Carriage Waik ROVED AS TO 'ORM: Gity Attorney