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THE BLUFFS
84-214034 Recording requested by and when recorded return to: HOLZWARTH, POWELL, STEIN S PARILLA (TLP) 4000 MacArthur Boulevard Suite 6000 - West Tower Newport Beach, California 92650 559- 3VI Recorded at the request of FIRST AMER. TITLE INS, CO. 8:0 MAY 2 31984 AX official Records Orange cftnty. California i o'rc-tiii �'Q 7wRecorder 84-214034 TABLE OF CONTENTS ARTICLEI Definitions . . . . . . . . . . . . . . . 5 1. Annexation Property . . . . . . . . 5 2. Annual Assessment . . . . . . . . . 5 3. Association . . . . . . . . . . . . 5 4. City . 5 5. Common Area 5 6. Common Area Improvements . . . . . . 6 7. Common Area Parcels . . . . . . . 6 8. Common Expenses . . . . . . . . . 6 9. Declarant . . . . . . . . . . . . . 7 10. Declaration . . . . . . . . . . . . 7 11. Improvements . . . . . . . . . . . . 7 12. Member . . . . . . . . . . . . . . . 8 13. Mortgage . . . . . . . . . . . . . . 8 14. Mortgagee . . . . . . . . . . . . . 8 15. Mortgagor . . . . . . . . . . 8 16. Original Declaration . . . . . . . . 8 17. Owner . . . . . . . . . . . . . . . 8 18. Parcel . . . . . . . . . . . . . . 9 19. Project . . . . . . . . . . . . . . 9 20. Property . . . . . . . . . 9 21. Public Service Easements . . . . . . 9 22. Residence . . . . . . . . . 10 23. Residential Estate . . . . . . . . . 10 24. Residential Lease . . . . . . . . . 10 25. Residential Parcel . . . . . . . . . 10 26. Special Assessment . . . . . . 11 27. Application of Definitions . . . . . 11 ARTICLE II Reservation of Easements and Other Rights . . . . . . . . . . . . . 12 1. Owners' Easements of Enjoyment . . . 12 2. Extent of Owners' Easements . . . . 12 3. Easements for Utilities . . . 14 4. Easements for Vehicular Traffic . . 16 5. Easements for Drainage . . . . . 16 6. Easements for Encroachments . . . . 16 7. Entry Easements . . . . . . . . . . 17 8. Patio Easements . . 17 9. Easements for Expansion of Patio Areas . . . . . . ' . 18 10. Easements for Maintenance of Common Area . . . . . . . . . . . 18 11. Delegation of Rights . . 19 12. Title to the Residential Parcels . . 19 13. Title to the Common Area Parcels . . 20 (i) ►1 E4-214034 ARTICLE III Owners' Association . . . . . . . . . . . 21 1. Membership . . . . . . . . . . . . . 21 2. Voting Rights . . . . . . . . . . . 21 3. Vesting of Voting Rights . . . . . . 21 4. Transfer . . . . . . . . . . . . . . 22 5. Proxies . . . . . . . . . . . 22 6. Date for Determination of Members' Eligibility to Vote . . . . . . . 22 ARTICLE IV Powers and Duties of the Association . . 23 1. Management Body . . . . . . . . . . 23 2. Powers . . . . . . . . . . . . . . . 23 3. Duties . . . . . . . . . . . . . . . 24 4. ,Discretionary Powers . . . . . . . . 30 5. Limitations on Contracts . . . . . . 31 6. Delegation of Duties . . . . . . . . 31 7. Right of Entry for Emergency . . . . 31 8. Right of Entry for Repairs . . . . . 32 9. Limitations on Board Action . . . . 32 10. Licenses, Easements and Rights -of -Way . . . . . . . . . . 33 11. Future Lot Line Adjustments . . . . 34 ARTICLE V Assessments . . . . . . . . . . . . . . . 35 1. Creation of the Lien and Personal Obligation of Assessments . . . . 35 2. Purpose of Annual Assessments: Levy and Collection . . . . . . . 35 3. Annual Assessments; Reserves . . . . 36 4. Special Assessments . . . . . . . . 37 5. Amount of Annual Assessments: Due Dates . . . . . . . . . . . . 39 6. Offsets and Waiver Prohibited . . . 39 7. Exempt Property . . . . . . . . . . 40 ARTICLE VI Effect of'Non-Payment of Assessments: Remedies of the Association . . . . . . 40 1. Effect of Non -Payment of Assess- ments: Remedies of the Association . . . . . . . . . 40 2. Notice of Lien . . . . . . . . . . . 41 3. Foreclosure Sale . . . . . . . . . . 41 4. Curing of Default . . . . . . . . . 42 5. Cumulative Remedies . . . . . . . . 42 ARTICLE VII Use Restrictions . . . . . . . . . . . . 43 1. Private Single Family Dwelling . . . 43 2. Common Area Use . . . . . . . . . . 43 3. Conduct Affecting Insurance . . . . 43 '84-214034 4. Signs . . . . . . . . . . . . . . . 43 5. Animals . . . . . . . . . . . 44 5. Quiet Enjoyment and Nuisances . : . 45 7. Refuse . . . . . . . . . . . . . 45 8. Improvements . . . . . . . . . . . . 46 9. Windows . . . . . . . . . 46 10. Commercial Activity . . . . . . . . 46 11. Parking . . . . . 46 12. Compliance With Articles, By -Laws and Rules and Regulations . . . . . . 48 13. Air Conditioners . . . . . . . . . . 48 14. Solar Heating . . . . . . 49 15. Passage of Light and Air . . . . . . 49 16. Antennas . . . . . . . . . . . . . . 49 17. Leasing . . . . . . . . . . . . . . 49 ARTICLE VIII Common Walls . . . . . . . . . . 50 1. Introduction . . . . . . . . . . . . 50 2. Ownership of Common Walls . . . . 50 3. Decoration and Maintenance of Common Wall Surfaces . . . . . 51 4. Structural Maintenance of Common Walls . . 51 5. Easements Regarding Placement of Common Walls . . . . . . . 52 6. Easements for Repair of Common Walls . . . . . . . . 52 7. Right to Contribution . . . . . . . 53 8. Disputes . . . . . . . 53 9. Boundary Walls and Fences . . . . 53 ARTICLE IX Architectural Control . . . . . . . . . . 54 1. Architectural Approval of Proposed Improvements . . . . . . 54 2. Architectural Control Committee 54 3. Submittal of Plans and Specifica- tions for Proposed Improvements 55 4. Criteria . . . . . . . . . . 57 5. Inspection of Work . . . . . . . . . 58 6. Approval Not Waiver . . . . . . . . 59 7. Presumed Approval . . . . . . . . . 60 8. View Protection . . . . . . . . . . 60 9. Public Service Easements . . . 60 10. Improvements Requiring Building Permits . . . . . . . 60 11. Architectural Guidelines . . . . . . 61 12. Certificate of Action by the Committee . . . . . . . . . 61 13. Basis of Approval . . . . . . . . . 62 64-214034 ARTICLE X Owners' Maintenance Obligations 62 1. Maintenance by Owner . . . . . . . . 62 2. Special Assessments . . . . . . . . 65 3. Duty to Rebuild . . . . . . . . . 65 4. Variance in Exterior Appearance 65 5. Owners' Cooperation for Maintenance . . . . . . . 66 6. Owners' Cooperation for Fumigation . . . . . . . . . . . . 66 ARTICLE XI Damage or Destruction to the Common Area . . . . . . . . . . . . . . 67 1. Restoration of Common Area . . . . . 67 2. Election to Not Rebuild and to Disburse Funds to Association 69 3. Excess Insurance Proceeds . . . . . 69 ARTICLE XII Condemnation . . . . . . . . . . . . . . 70 1. Distribution of Awards - Common Area . . . . . . . . . . . 70 2. Board of Directors as Attorney -in -Fact . . . . . . . . 70 3. Distribution of Awards - Residential Estates . . . . . . . 70 ARTICLE XIII Covenant Against Partition . . . . . . . 71 1. Conditions for Partition . . . . . . 71 ARTICLE XIV Insurance . . . . . . . . . . . . . . . . 71 1. Required Insurance Coverage . . . . 71 2. Optional Insurance Coverage . . . . 73 3. Notice of Cancellation of Insurance . . . . . . . . . . . . 73 4. Review of Coverage . . . . . . . . . 73 5. Waiver by Owners . . . . . . . . . . 74 6. Premiums, Proceeds and Settlement . . . . . . . . . . 74 7. Rights and Duties of Owners to Insure . . . . . . . . . . . 75 8. Trustee for Policies . . . . . . . . 76 ARTICLE XV Mortgagee Protection . . . . . . . . . . 76 1. Mortgagee Protection Provisions 76 2. Violation of Mortgagee Protection Provisions . . . . . . . . . . . . 81 (iv) i 64-214034 c ARTICLEXVI "J" Plan . . . . . . . . . . . . . . . . 82 1. Introduction . . . . . . . . . . . . 82 2. Easements . . . . . . . . . . 82 3. Maintenance of Common Floor -Roofs . . . . . . . . . 84 4. Liability for Water Damage . . . 88 5. Use Restrictions Applicable to Common Floor -Roofs . . . . . . . . 89 6. •Drainage . . . . . . . . . . 90 7, Destruction of Residence on Servient Tenement . . . . . . . . 91 8. Indemnification . . . . . . . . . 91 ARTICLE XVII Annexation of Additional Property . . . . 92 1. Annexation Pursuant to Merger . . . 92 2. Declaration of Annexation . . . . . 92 ARTICLE XVIII General Provisions . . . . . . . . . . . 93 1. Enforcement by City . . . . . . . . 93 2. Enforcement . . . . . . . . . . . . 93 3. Severability . . . . . . . . . . . . 96 4. Term . . . . . . . . . . . . . 96 5. Construction . . . . . . . . 96 6. Singular Includes Plural . . . . . . 97 7. Amendments . . . . . . . . . . . . . 97 8. Notices . . . . . . . . . . . . . . 99 9. Attorneys' Fees . . . . . . . . . . 100 10. Arbitration Procedures . . . . . . . 100 11. Property Exemption . . . . . 102 12. Conflict With Residential Lease . . 102 (V) &4-214034 EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" EXHIBIT "E" EXHIBIT "F" EXHIBIT "G" EXHIBIT "H" EXHIBIT "I" EXHIBIT "J" EXHIBIT "K" EXHIBITS Property Notices of Addition of Territory Common Area Parcels Residential Parcels City Property Annexation Property Easements "J" Plan Parcels and Typical Configuration Easement Instruments Affecting "J" Plan Parcels Dominant and Servient Tenements "J" Plan Easement Areas (vi) bi,-214034 RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE BLUFFS r THIS RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, AND RESERVATION OF EASEMENTS FOR THE BLUFFS is made effective the ZZ day of 1984, by THE IRVINE COM- PANY, a Michigan corporation(hereinafterreferred to as the "Declarant"), THE BLUFFS HOMEOWNERS' COMMUNITY ASSOCIATION, a California nonprofit corporation (hereinafter referred to as the "Association"), the undersigned owners of leasehold estates in residential parcels located within the real property described hereinbelow (hereinafter referred to as the "Owners"), and THE CITY OF NEWPORT REACH (hereinafter referred to as the "City,,). R E C I T A L S: A. Declarant is the owner of fee title to that cer- tain real property located within the City of Newport Beach, County of Orange, State of California, which is more particularly described on Exhibit "'A" attached hereto (hereinafter referred to as the "Property"); B. The Property has been developed as a multi -phase residential planned development consisting of six hundred forty- seven (647) residences and various common area amenities (herein- after collectively referred to as the "Project"); C. THE BLUFFS, a California limited partnership, the 080583 051784 i &4-214034 original developer of the Project, and the Declarant caused that certain "Declaration of Covenants, Conditions and Restrictions" affecting the first phase of the Project (to wit, Tracts 5463 and 5480) to be recorded on March 16, 1964, as Instrument No. 13402 of the Official Records in the Office of the County Recorder for the County of Orange (hereinafter referred to as the "Original Declaration"), and thereafter, caused each subsequent phase of the Project to become subject to said Original Declaration pursu- ant to those certain "Notices of Addition of Territory" recorded on each such phase, which are more particularly described on Exhibit "B" attached hereto; D. The Association owns a leasehold estate in those certain parcels within the Project, which are more particularly described on Exhibit "C" attached hereto (hereinafter referred to as the "Common Area Parcels"), and owns fee title to the improve- ments constructed thereon (hereinafter referred to as the "Common Area Improvements") (the Common Area Parcels and the Common Area Improvements are hereinafter jointly referred to as the "Common Area"), and additionally, is responsible for administering and enforcing the covenants, conditions, restrictions, easements, reservations, liens and charges set forth in the Original Declara- tion; E. The Owners presently own a leasehold interest in their respective parcels within the Property, which are more particularly described on Exhibit "D" attached hereto (herein- after referred to as the "Residential Parcels"), and own the improvements (including the residential dwelling and appurtenant -2- 84-214034 structures) constructed thereon (hereinafter referred to as the "Residence") (the Owner's interest in a Residential Parcel and the Residence constructed thereon are hereinafter jointly refer- red to as the "Residential Estate"); F. The City is the owner of certain real property and/or Public Service Easements adjacent to the Project, which are more particularly described on Exhibit "E" attached hereto; G. Declarant desires to provide each owner of a Resi- dential Estate in the Project with an option to acquire fee title to his respective Residential Parcel, and to convey to the Associ- ation fee simple title to the Common Area Parcels (hereinafter referred to as the "Leasehold Conversion Program"); H. The Original Declaration may be amended by the prior affirmative vote or written assent of the owners of a major- ity of the Residential Estates in the Project, together with the prior written consent of the Declarant, the City and the holders of any first mortgages or deeds of trust recorded on such Residen- tial Estates (hereinafter referred to as "First Mortgagees); and 1. Declarant, the Association, the City, the under- signed Owners of a majority of the Residential Estates in the Project and the undersigned First Mortgagees each desire to re- voke the Original Declaration in its entirety and to restate the covenants, conditions, restrictions, easements, reservations, liens and charges affecting the Project as more particularly set forth herein to reflect the Leasehold Conversion Program, and to otherwise provide for the maintenance, improvement, protection, use, occupancy and enjoyment of the Project. -3- M 84-214©34 r NOW, THEREFORE, Declarant, the Association, the City, the undersigned Owners and the undersigned First Mortgagees do hereby revoke the Original Declaration in its entirety, and each and all of the covenants, conditions, restrictions, easements, reservations, liens and charges contained therein, and do hereby restate the covenants, conditions, restrictions, easements, reser- vations, liens and charges (hereinafter collectively referred to as the "Covenants") as set forth herein, and do hereby impose said Covenants upon.the Project. Each and all of the Covenants shall run with the Project and shall inure to the benefit of, and be binding upon, Declarant, the Association, the City, all Owners of Residential Estates in the Project and all First Mortgagees, and upon their respective heirs, executors, administrators, suc- cessors, assigns and grantees. -4- 84-21h 034 ARTICLE I DEFINITIONS Section 1. "Annexation Property" shall mean and refer to that certain real property more particularly described on Exhibit "F" attached hereto and incorporated herein by this refer- ence, and to all Improvements constructed thereon, which may be annexed into the Project as set forth in that Article herein entitled "Annexation of Additional Property." Section 2. "Annual Assessment" shall mean and refer to the charge against each Owner and his respective Residential Estate representing an equal portion of the Common Expenses of the Association. Section 3. "Association" shall mean and refer to The Bluffs Homeowners' Community Association, a California nonprofit corporation, in which all Owners have a membership interest as more particularly described hereinbelow, provided that membership is limited to Owners. Section 4. "City" shall mean and refer to the City of Newport Beach. Section 5. "Common Area" shall mean and refer to both the Common Area Parcels and the Common Area Improvements, as defined hereinbelow, which are to be managed, maintained, con- trolled and owned (in fee or leasehold) by the Association for the common use and benefit of all Owners in the Project. The Common Area shall also include any portion of the Annexation Property which is subsequently annexed into the Project in accord- ance with the provisions of this Declaration (and to all Improve- -5- A e-4-214034 ` ments constructed thereon), which is designated in the annexation documents as Common Area. Section 6. "Common Area Improvements" shall mean and refer to all structures, appurtenances and other improvements which are constructed or otherwise located on the Common Area Parcels and which are owned by the Association for the common use and benefit of all Owners. The Common Area Improvements include, but are not limited to, clubhouse, swimming pools, reflecting pools, spas, fences, walls, wing walls, retaining walls, side- walks, pavement, private streets, driveways, open parking areas, private utility lines and connections, irrigation systems and all landscaping located on the Common Area Parcels, as well as all personal property (i.e., furniture, tools and equipment) owned by the Association. Section 7. "Common Area Parcels" shall mean and refer to those certain Parcels within the Project which are more partic- ularly described on Exhibit "C" attached hereto, and which are owned or leased by the Association for the common use and benefit of all Owners. Section B. "Common Expenses" shall mean and refer to the actual and estimated costs to be paid by the Association for the following: (a) maintaining, managing, operating, painting, repairing and replacing the Common Area, and any other Improve- ments to be maintained by the Association as provided herein; (b) painting the exterior surfaces of the Residences as provided herein; (c) managing and administrating the Association, includ- ing, but not limited to, compensation paid by the Association to Q3 A4-214034 managers, accountants, attorneys and any Association employees; (d) providing utilities and other services to the Common Area; (a) providing insurance as provided for herein; (f) paying that portion of any assessment attributable to Common Expenses not paid by the Owner responsible for payment; (g) paying taxes for the Association; and (h) paying for ail other goods and services as may be required by the Association to perform its powers and duties as set forth in this Declaration. Additionally, the Common Expenses shall include adequate reserves, as the Board shall determine to be appropriate, for the repair and/or replacement of those elements of the Common Area Improvements which must be repaired or replaced on a periodic, rather than a regular, annual basis (i.e., resurfacing private streets, replacement of irriga- tion systems, etc.). Section 9. "Declarant"'shall mean and refer to The Irvine Company, a Michigan corporation, which presently owns fee title to the Property, subject to the leasehold interests set forth hereinbelow, and to any person or entity acquiring all of Declarant's interest in the Project pursuant to a written assign- ment from Declarant which is recorded in the Office of the County Recorder for Orange County. Section 10. "Declaration" shall mean and refer to this Restated Declaration of Covenants, Conditions and Restrictions, and Reservation of Easements recorded on the Project, and to any and all amendments hereto. Section 11. "Improvements" shall mean and refer to all structures and appurtenances thereto of every kind, including, but not limited to, the Common Area Improvements, the Residences do b4-214034 and any additions or other alterations thereto, patios, patio covers, decks, wind screens, awnings, skylights, fences, walls, wing walls, retaining walls, swimming pools, spas, hot tubs, solar panels, driveways, private utility lines and connections, pavements, sidewalks, planters and landscaping which can grow to a height in excess of six (6) feet. Section 12. "Member" shall, mean and refer to every person or entity who holds a membership in the Association, as more particularly set forth in the Article herein entitled "Own- ers' Association," and shall be synonymous with the term "Owner." Section 13. "Mortgage" shall mean and include a deed of trust as well as a mortgage in the conventional sense. Section 14. "Mortgagee" shall mean and refer to a per- son or entity to whom a Mortgage is made, and shall include the beneficiary of a deed of trust. Section 15. "Mortgagor" shall mean and refer to a per- son or entity who mortgages his or its property to another and shall include the trustor of a deed of trust. Section 16. "Original Declaration" shall mean and refer to that certain Declaration of Covenants, Conditions and Restric- tions previously recorded on the Project, as more particularly described in paragraph C of the Recitals hereinabove. Section 17. "Owner" shall mean and refer to the record owner (or the purchaser under an unrecorded conditional sales contract or other unrecorded document) of a Residential Estate in the Project. The foregoing does not include persons or entities who hold an interest in a Residential Estate merely as security for the performance of an obligation, nor any tenant or lessee of Q.M E4-214034 ., any Owner's interest in a Residential Estate in the Project. Section 18. "Parcel" shall mean and refer to a plot of land which is separately described and numbered on a recorded tract map, record of survey and/or lot line adjustment map of all or any portion of the Project. The term "Parcel" shall refer to all Common Area Parcels, Residential Parcels and/or any Parcel in the Project owned by the City. Section 19. "Project" shall mean and refer to the Prop- erty (and all Improvements constructed thereon) and to all por- tions of the Annexation Property which are annexed to the Proper- ty in accordance with the provisions of this Declaration (and all Improvements constructed thereon), but does not include any Par- cel owned by the City. Section 20. "Property" shall mean and refer to all of that certain real property described in paragraph A of the Reci- tals hereinabove. Section 21. "Public Service Easements" shall mean and refer to a right-of-way or easement required for public use by dedication or otherwise for sewers, pipelines, pole lines, elec- trical transmission and communication lines, pathways, storm drains, drainage canals, water transmission lines and other limit- ed use public easements, other than for street or highway pur- poses. A Public Service Easement shall be considered to include the right, on the part of the public entity, to construct, main- tain, operate, replace, remove, renew or enlarge sewers, storm drains, pipelines, conduits, cables, wires, poles or other re- lated structures, equipment or fixtures incidental or accessory to the easement. WE e4-214034 Section 22. "Residence" shall mean and refer to the individual dwelling and appurtenant structures, including, but not limited to, garages, patios and other related Improvements constructed on a Residential Parcel, all of which are designed and intended for use and occupancy as a single family residence. The Residence shall also include any existing foundations, foot- ings, wing walls, chimneys, eaves or other Improvement appurten- ant to a Residence, but which project or otherwise encroach onto a Common Area Parcel as provided in Section 6 of Article II here- inbelow. Section 23. "Residential Estate" shall mean and refer to the following: (a) The fee title ownership of a Residence; and (b) Either of the following: (1) A leasehold interest in the Residential Parcel upon which the Residence is located; or (2) The fee title to said Residential Parcel following the purchase thereof. Section 24. "Residential Lease" shall mean and refer to the Lease between Declarant, as Lessor, and an Owner, as Lessee, for a Residential Parcel in the Project, and to all amendments and modifications thereto. Section 25. "Residential Parcel" shall mean and refer to any and all of the Parcels identified on Exhibit "D" attached hereto, together with all of the easements appurtenant to such Parcel (including, but not limited to, any Entry Area, Patio Area and Future Patio Area as defined in Article II hereinbelow, and as shown on Exhibit "G" attached hereto). In the event that the -10- 84-214034 garage serving a Residence is constructed on a Parcel separate and distinct from the Parcel on which the Residence is construct- ed, the term Residential Parcel shall mean and refer to both of said Parcels, and all of the aforesaid easements. Section 26. "Special Assessment" shall mean and refer to the charge against an Owner and his respective Residential Estate representing any of the following: (a) the cost of rebuild- ing or reconstructing any damaged or destroyed portion or por- tions of the Common Area; (b) the cost of constructing or install- ing any new Improvements to the Common Area; (c) the cost of repairing, replacing or reconstructing any capital improvements to the Common Area; (d) the cost of taking any extraordinary action for the benefit of the Common Area and/or the Association pursuant to the provisions of this Declaration; (e) the cost of performing any maintenance or repairs required due to the willful or negligent acts or omissions of any Owner; (f) the cost of bringing any Owner's Residential Estate into compliance with this Declaration; and/or (g) the amount due the Association based upon disciplinary proceedings against an Owner in accordance with this Declaration. Special Assessments are more particularly described in Article V hereinbelow. Section 27. Application of Definitions. The aforesaid definitions shall be applicable to this Declaration (and to any amendments hereto), filed or recorded pursuant to the provisions of this Declaration, unless the context shall prohibit such appli- cation. -11- 84-214034 ARTICLE II RESERVATION OF EASEMENTS AND OTHER RIGHTS Section 1. Owners' Easements of Enjoyment. Every Owner shall have a non-exclusive easement of access, use and enjoyment in and to the Common Area. Said easement shall be appurtenant to and shall pass with the assignment, conveyance or other transfer of each Residential Parcel. Section 2. Extent of Owners' Easements. The easement of access, use and enjoyment set forth in Section 1 hereinabove shall be subject to the provisions of this Declaration, includ- ing, but not limited to, the following: (a) The right of the Association to reasonably limit the number of guests of Owners; (b) The right of the Association to establish and enforce reasonable rules and regulations pertaining to the use of the Common Area; (c) The right of the Association to charge reason- able admission and other fees for the use of the recreation- al facilities situated on the Common Area; (d) The right of the Association, in accordance with its Articles, By -Laws and this Declaration, to borrow money with the vote or written assent of sixty-seven percent (67%) of its Members and/or to mortgage, pledge, deed in trust or otherwise hypothecate any or all of its real or personal property, as security for money borrowed or debts incurred, for the purpose of improving or repairing the -12- e4-214934 Common Area; (e) The right of the Association to dedicate, grant or otherwise convey any license, easement, right of way or leasehold interest to any public entity or public utility, as provided in Article IV, Section 10, hereinbelow. No such dedication, grant or other conveyance shall be effec- tive unless (1) an instrument approving same is signed by Owners representing sixty-seven percent (67%) of the voting power of the Association and recorded in the Office of the County Recorder, and (2) a written notice of the proposed conveyance is sent to every Owner not less than fifteen (15) days nor more than thirty (30) days in advance; provided, however, that any dedication, grant or other conveyance of licenses, easements or rights of way for utilities or for other public purposes consistent with the intended use of the Common Area shall not require the prior approval of the Members of the Association; (f) The right of the Association to perform and exercise its duties and powers as set forth herein; (g) Other rights of the Association, the Architec- tural Control Committee, the Board of Directors, the Owners and Declarant with respect to the Common Area as may be provided for in this Declaration; and (h) Any limitations, restrictions or conditions affecting the use, enjoyment or maintenance of the Common Area imposed by the City or other governmental agency having jurisdiction to impose any such limitations, restrictions or -13- 8�-214084 conditions, including, but not limited to, the rights of the City or any other governmental agency having jurisdiction to use their vehicles or appropriate equipment over all private streets and unimproved private property to perform essential municipal functions or emergency public services. Further, nothing in this Declaration shall impair or other- wise adversely affect any rights in favor of the City cre- ated by or arising under any previously recorded documents. Section 3. Easements for Utilities. The rights and duties of the Owners within the Project with respect to Public Service Easements (including, sanitary sewer, water, electricity, gas and telephone lines, cable television and other facilities) shall be governed by the following: (a) Each Owner acknowledges that various Residen- tial Parcels in the Project are subject to Public Service Easements as shown on Exhibit "G" attached hereto. No Owner shall hereafter erect or install any Improvements on any Public Service Easement without the prior express written consent of the appropriate utility company or agency. (b) Each Owner shall maintain those facilities and connections located upon his respective Residential Parcel which are not maintained by the respective company or agency, and the Association shall maintain those facilities and connections located upon the Common Area which are not maintained by the respective company or agency. (c) Whenever sanitary sewer, water or gas connec- tions, television cables, electricity or telephone lines are -14- 2l+-214034 installed within the Project, and said connections, cables ' and/or lines serve more than one (1) Residential Estate, the Owner of each Residential Estate served by said connections, cables and/or lines shall be entitled to the full use and enjoyment of such portions of same as service his Residen- tial Estate. (d) Wherever sanitary sewer, water or gas connec- tions, television cables, electricity or telephone lines are installed within the Project and it becomes necessary for an Owner to gain access to said connections, cables and/or lines through a Residential Estate other than the Residen- tial Estate served by said connections, cables and/or lines, the Owner served by said connections, cables and/or lines shall have the right, and is hereby granted an easement to the full extent necessary therefor, to enter in and upon such other Residential Estate or to have the utility com- panies enter in and upon such other Residential Estate to repair, replace and generally maintain said connections, cables and/or lines. (a) In the event of a dispute between Owners respecting the repair or rebuilding of the aforesaid connec- tions, cables and/or lines, or the sharing of the cost there- of, upon written request of one (1) of such Owners addressed to the Association, the matter shall be submitted to the Board of Directors for binding arbitration, in accordance with Article XVIII, and the decision of the Board shall be final and conclusive on the Owners, unless clearly arbitrary -15- 84-214034 and capricious. Section 4. Easements for Vehicular Traffic. There are hereby created and established non-exclusive easements appurten- ant to each of the Residential Parcels in the Project for vehicu- lar ingress, egress and access over all private streets and drive- ways within the Project. Section 5. Easements for Drainage. There is hereby created and established a non-exclusive easement appurtenant to each Parcel in the Project for drainage of surface waters according to the patterns for drainage created by the approved grading plans,for the Project, as well as according to the actu- al, natural and existing patterns for drainage. Each Owner cove- nants and agrees that he shall not obstruct or otherwise inter- fere with said drainage patterns of surface waters from adjacent Parcels in the Project over his Residential Parcel, or in the alternative, that in the event it is necessary and essential to alter said drainage pattern for the protection and use of his Residential Parcel, he will make adequate provisions for proper drainage. Section 6. Easements for Encroachments. There is hereby created and established a non-exclusive easement appurtenant to each Residential Parcel on, over and across those portions of any adjacent Parcel (without regard to whether such adjoining Parcel is a Residential Parcel, Common Area Parcel and/or an exclusive or non-exclusive easement area as described herein), not to ex- ceed one (1) foot for the encroachment by any foundations and footings, and not to exceed three (3) feet for eaves or other -16- 64-214034 overhangs, wing walls and/or chimneys existing as of the date hereof. Additionally, there shall be non-exclusive easements appurtenant to any Residential Parcel on, over and across those portions of any such adjacent Parcel, not to exceed one (1) foot, for the encroachment by any Improvement resulting from any subse- quent settling or shifting of any Improvements. All of the afore- said encroachments shall be measured at the point of encroachment along a line which is perpendicular to the'common property line between the affected Parcels. Section 7. Entry Easements. With respect to those cer- tain pairs of Residences in the Project which do not share a Common Wall between them, as defined in Article VIII hereinbelow, but which share a covered common entry area over a portion of a Common Area Parcel located between said Residences, there is hereby created and established a non-exclusive easement appurten- ant to each affected Residential Parcel for ingress, egress and entry purposes on, over and across those certain portions of the Common Area Parcels as more particularly shown and described on Exhibit "G" attached hereto (hereinafter referred to as the "En- try Areas"). The Owners of the two (2) Residences which share an Entry Area shall maintain their respective Entry Area in accord- ance with the provisions of Article X hereinbelow entitled "Own- ers' Maintenance Obligations." Section 8. Patio Easements. There is hereby created and established an exclusive easement appurtenant to each Residential Parcel in the Project for patio purposes on, over and across those certain portions of the Common Area Parcels as more particu- -17- 6�-214034 larly shown and described on Exhibit "G" attached hereto (herein- after referred to as the "Patio Areas"). Each Owner shall main- tain his respective Patio Area in accordance with the provisions of Article X hereinbelow entitled "Owners' Maintenance obliga- tions." Section 9. Easements for Expansion of Patio Areas. There is hereby created and reserved an exclusive easement appur- tenant to those certain Residential Parcels in the Project for potential expansion of the Patio Area on, over and across those certain portions of the Common Area Parcels as more particularly shown and described on Exhibit "G" attached hereto (hereinafter referred to as the "Future Patio Areas"). Notwithstanding the foregoing, no Owner shall improve, use or otherwise possess any Future Patio Area without having first obtained the express writ- ten consent of the Architectural Control Committee as more partic- ularly set forth in Article IX hereinbelow entitled "Architectur- al Control." Section 10. Easements for Maintenance of Common Area. There is hereby created and reserved a non-exclusive easement in favor of the Association for ingress, egress and access on, over and across those portions of the Residential Parcels in the Proj- ect as reasonably required by the Association to perform its maintenance obligations as more particularly set forth in Article IV hereinbelow entitled "Powers and Duties of the Association." In the event it becomes necessary for the Association to enter in or upon any Residential Estate for purposes of performing its maintenance obligations or of bringing a Residential Estate into -18- P4-214034 compliance with the provisions of this Declaration, the Associa- tion, and its duly authorized agents and employees, shall have the right, after reasonable notice to the Owner and at a reason- able hour of the day, to enter in and upon such Owner's Residen- tial Estate for such purpose. Notwithstanding the foregoing, in the event of an emergency, such right of entry shall be immedi- ate. In no event shall any Owner obstruct or otherwise interfere with the Association's easement rights as created herein. Section 11. Delegation of Rights. Any Owner who resides within the Project may delegate his rights to use and enjoy the Common Area to the members of his immediate family and to their respective guests and invitees. If, however, an Owner has rented or leased his Residential Estate, his rights to use and enjoy the Common Area shall be deemed to have been automatically delegated to his tenants or lessees for the duration of their tenancy, and said Owner and his family forfeit any rights to use and enjoy the Common Area for the duration of such tenancy. All tenants and lessees may in turn delegate their rights to use and enjoy the Common Area to the members of their immediate family and to their respective guests and invitees on the same basis as an Owner. Section 12. Title to the Residential Parcels. As of the date of recordation of this Declaration, Declarant owns fee title to each Residential Parcel in the Project and the owners own a leasehold interest in the Residential Parcel upon which their Residence is located. Declarant presently desires to amend each Residential Lease, which amendment will include, among other things, an option in favor of each Owner to purchase fee title to 1MV15 84-2?407L his respective Residential Parcel. Nothing herein shall be con- strued to prohibit or to require Declarant to amend the Residen- tial Leases or offer such an option, nor shall anything herein be construed to require any Owner to amend his Residential Lease or exercise any such option which may be offered by Declarant. Section 13. Title to the Common Area Parcels. As of the date of recordation of this Declaration, Declarant owns fee title to each Common Area Parcel in the Project, and the Association owns a leasehold interest in said Parcels for the common use and benefit of all Owners in the Project. At such time, if ever, that each and every Residential Lease for each and every Residential Parcel in a particular original tract, as described on Exhibit "D" attached hereto, has been amended to reflect the correct legal description for each such Residential Parcel, Declarant shall promptly thereafter convey fee title to the Common Area Parcel for such tract, as shown on Exhibit "B" attached hereto, to the Association without any monetary consideration whatsoever. Said conveyance shall be made free and clear of all encumbrances and liens, except property rights in and to the Common Area which are of record or created herein, and any current real property taxes, which taxes will be prorated to the date of transfer. -20- e4-214034 ARTICLE III OWNERS' ASSOCIATION Section 1. Membership. Every person or entity who or which is an Owner shall be a Member of the Association. The fore- going is not intended to include persons or entities who hold an interest in a Residential Estate in the Project merely as secur- ity for the performance of an obligation. Section 2. Voting Rights. The Association shall have one (1) class of voting membership to be known as Class A member- ship. Class A Members shall be all Owners and shall be entitled to one (1) vote for each Residential Estate owned. When more than one (1) person holds an interest in any Residential Estate, all such persons shall be Members. The vote for such Residential Estate shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any Residential Estate. Any action by the Association which must have the ap- proval of the membership of the Association before being under- taken shall require the vote or written assent of a majority of the membership, unless a specific provision of this Declaration or the By -Laws or Articles of the Association requires the approv- al of a greater percentage of the voting membership. Section 3. Vesting of Voting Rights. The voting rights attributable to each Residential Estate in the Project as pro- vided for herein are vested as of the date of recordation of this Declaration. The voting rights attributable to each Residential Estate in the Annexation Property shall vest at the same time as -21- 84-214034 assessments are levied by the Association against said Residen- tial Estates, if ever. Section 4. Transfer. The Association membership held by any Owner shall not be transferred, assigned, pledged or alien- ated in any way, except as incidental to the assignment and/or transfer of ownership of his Residential Estate. In the event of such assignment and/or transfer of ownership, the Association membership may only be transferred, assigned, pledged or alien- ated to the new Owner of the Residential Estate or to the Mort- gagee (or third party purchaser) of such Residential Estate fol- lowing a foreclosure sale. Any attempt to make a prohibited trans- fer is void and will not be reflected upon the books and records of the Association. Section 5. Proxies. Votes may be cast in person or by proxy. Proxies must be filed with the Secretary of the Associa- tion before the appointed time for each meeting. Every proxy shall be revocable and shall automatically cease upon the conclu- sion of the meeting for which the proxy was given. Section 6. Date for Determination of Members' Eligibil- ity to Vote. Thirty (30) days prior to the date of any vote or election by the membership of the Association, the Board of Direc- tors shall prepare from the Association records a list of eli- gible voters. Said list shall be conclusive as to voter eligibil- ity for purposes of quorum determination, voting, written assent and proxy assignment. -22- 84-214034 ARTICLE IV POWERS AND DUTIES OF THE ASSOCIATION Section 1. Management Body. The Association is hereby designated as the management body of the Project. The Members of the Association shall be the Owners in the Project as provided herein, and the affairs of the Association shall be managed by a Board of Directors as more particularly set forth in the By -Laws of the Association. The Directors shall be elected as provided in said By -Laws. Section 2. Powers. The Board of Directors, for and on behalf of the Association, shall have the right and power to do all things necessary to conduct, manage and control the affairs and business of the Association. Subject to the provisions of the Articles of Incorporation, the By -Laws and this Declaration, the Board of Directors shall have all general powers authorized under the California Corporations Code for nonprofit corporations, including the following specific powers: (a) Enforce the provisions of this Declaration; (b) Maintain fire, casualty, liability, worker's compensation and other insurance for the Common Area and Residential Estates, and fidelity bonds for members of the Board of Directors; (c) Obtain maintenance, utility, gardening and/or other services benefiting the Common Area and/or the Residen- tial Estates, employ personnel necessary for the operation of the Common Area and/or Association and obtain legal and accounting services for the Association; -23- 84-214 034 (d) Purchase materials, supplies and the like for the maintenance and repair of the Common Area, the Residen- tial Estates and any other Improvements to be maintained by the Association as provided herein; (e) Pay all taxes and special assessments which would be a lien upon the entire Project or the Common Area, and discharge any lien or encumbrance levied against the entire Project or the Common Area; (f) Pay for reconstruction of any portion of the Common Area damaged or destroyed; (g) Delegate its powers; (h) Cause entry into any Residential Estate when necessary in connection with maintenance or construction for which the Board is responsible; and (i) Adopt reasonable rules and regulations con- cerning Architectural Control and the maintenance, protec- tion, improvement, use and occupancy of the Project. Section 3. Duties. The Board of Directors shall perform and execute the following duties for and on behalf of the Associa- tion: (a) Provide water, sewer, gas, electricity, gar- bage and trash collection, and other necessary utility ser- vices for the Common Area and, if not separately metered, for the Residences; (b) Provide insurance for the Common Area, Resi- dential Estates and the Association in accordance with the provisions of the Article herein entitled "Insurance"; -24- P4-214034 (c) Maintain all portions of the Common Area Parcels in a neat, clean, safe, attractive and sanitary condition at all times, and paint, maintain, repair and replace all of the Common Area Improvements so as to keep same in a neat, clean, safe, attractive and sanitary condi- tion at all times. Without limiting the generality of the foregoing, the Association shall maintain the Common Area in a manner which is not harmful to or otherwise inconsistent with any Public Service Easement; (d) Paint, as necessary at reasonable times and intervals, all exterior building surfaces of all Residences in the Project (including, but not limited to, the individu- al dwelling, garage, garage door, patio covers and exterior window frames and exterior doors) so as to keep same in a neat, clean and attractive condition at all times. The Asso- ciation's maintenance obligations relative to the Residences shall not include making any structural repairs to a Resi- dence, maintaining or repairing any roof, fence, wall, ex- terior windows and/or doors (and any related weatherstrip- ping), nor maintaining or repairing any utility connections or lines located on a Residential Parcel. The maintenance and repair of the foregoing excluded items shall be the sole responsibility of the respective owner as more particularly set forth in Article X hereinbelow entitled "Owners' Mainte- nance Obligations"; (e) Maintain and repair the following portions of the Residential Parcels so as to keep same in a neat, clean, -25- 64-214034 safe, attractive and sanitary condition at all times: (1) All portions of the driveway located on any Residential Parcel; (2) Any retaining wall located on a Residen- tial Parcel; (3) Any landscaping located on a Residential Parcel which has previously been maintained by the Association, and any other landscaping located on a Residential Parcel which is readily visible to the general public from a Common Area Parcel and which both the Architectural Control Committee and the Board of Directors determine should be maintained by the Associa- tion to preserve the aesthetic quality of the Project. Such maintenance shall include the maintenance of the necessary irrigation system and the replacement of any dead or diseased landscaping as needed; and (4) All landscaping located on Future Patio Areas prior to the approval by the Architectural Con- trol Committee for an Owner to expand his Patio Area to include all or any portion of his respective Future Patio Area. (f) Pay all real and personal property taxes and assessments which the Association is required to pay pursu- ant to the terms and provisions of this Declaration or by law, unless separately assessed to Owners; (g) Contract for any other material, supplies, furniture, labor, services, maintenance, repairs and insur- -26- 84-214034 ance which the Association is required to pay for pursuant to the terms and provisions of this Declaration or by law; (h) Cause the following financial statements and related documents for the Association to be regularly pre- pared and copies distributed to each Member of the Associa- tion, regardless of the number of Members or the amount of assets of the Association: (1) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than forty-five (45) days nor more than sixty (60) days prior to the beginning of each such fiscal year, and shall contain the following information: (i) An itemized estimate of the Associa- tion's revenue and expenses, determined on an accrual basis; (ii) The amount of the total cash re- serves of the Association which are then currently available for the major repair or replacement of Common Area Improvements and for other contingen- cies; (iii) An itemized estimate of the remain- ing useful life of the Common Area Improvements, together with an explanation of the methods of funding being utilized by the Association to de- fray the costs of future repairs, replacements or additions to the Common Area Improvements; and (iv) A general statement setting forth -27- 84-214034 the procedures utilized by the Association to calculate and establish reserves to defray the costs of future repairs, replacements or additions to the Common Area Improvements. (2) An annual report consisting of the fol- lowing shall be made available upon request within one hundred twenty (120) days after the close of the fiscal year: (i) A balance sheet as of the last day of the Association's fiscal year; (ii) An operating (income) statement for the fiscal year; (iii) A statement of changes in financial position for the fiscal year; and (iv) Any information required to be re- ported pursuant to Section 8322 of the California Corporations Code. This annual report shall ordinarily be prepared by an independent certified public accountant for any fiscal year in which the gross income to the Association ex- ceeds Seventy -Five Thousand Dollars ($75,000.00). If the report is not prepared by an independent certified public accountant, it shall be accompanied by the cer- tificate of an authorized officer of the Association that the statements were prepared without audit from the books and records of the Association; and (3) A statement as to the Association's -28- 84-214034 , policies and practices in enforcing lien rights or other legal remedies for the default in the payment of Assessments shall be delivered within sixty (60) days prior to the beginning of the new fiscal year. (i) Assume and pay out of the assessments pro- vided for hereinbelow all costs and expenses incurred by the Association in connection with the performance and execu- tion of all of the aforesaid powers and duties, and any other powers and duties which the Association may assume as provided for in Section 4 hereinbelow; (j) Formulate, adopt, amend and enforce such rules and regulations as it may deem proper. Such rules and regulations, and any change, amendment or repeal thereof, shall be deemed published by the Association when written notice of adoption of such rules and regulations is given to each Member and posted in a prominent place within the Com- mon Area. In the event of any conflict between such rules and regulations and this Declaration, this Declaration shall prevail; (k) Enforce all applicable provisions of this Declaration, the Articles of Incorporation, By -Laws and such rules and regulations of the Association, and of all other documents pertaining to the ownership, use, management and control of the Project; (1) Within ten (10) days of the mailing or deliv- ery of a written request from an Owner, provide said Owner with a copy of this Declaration and the By -Laws and Articles -29- 84-2I4034 of Incorporation for the Association, together with a true statement in writing as to the amount of any delinquent assessments, penalties, attorneys' fees and other charges therein as provided by this Declaration or other managing documents of the Board of Directors on the Residential Es- tate as of the date of such request. The Board may impose a fee for providing the foregoing, but in no event shall the fee exceed the reasonable cost to prepare and reproduce the requested documents; and (m) Elect the officers of the Association and fill vacancies on the Board, except if created by the remov- al of a Director. Section 4. Discretionary Powers. The Board of Direc- tors, at its option, may assume, perform and execute the follow- ing powers and duties for -and on behalf of the Association: (a) Retain the services of a manager for the Project and provide such other personnel as the Association deems necessary and proper to assist in the operation of the Association and/or management of the Common Area, regardless of whether such other personnel are employed directly by the Association or otherwise; (b) Incur any liability or pay any costs or ex- penses for a single Residential Estate or Owner thereof; provided, however, that in the event the Association does incur any such liability or pay any such costs or expenses, the amount thereof shall be specially assessed to the Owner of such Residential Estate as a Special Assessment; provided -30- 84-214034 further, however, that nothing herein shall permit the Asso- ciation to assess the Owners for any new Improvements to the Common Area except as otherwise provided in this Declara- tion; and (c) Subject to the limitations set forth in this Article, contract for any other material, supplies, improve- ments, furniture, labor, services, maintenance, repairs, insurance or any other necessary goods or services, or pay any taxes or assessments, which in the opinion of the Board of Directors shall be necessary or proper for the operation of the Common Area, for the benefit of the Owners or for the enforcement of this Declaration. Section 5. Limitations on Contracts. Except as other- wise provided herein, no contract entered into by the Association or the Board of Directors acting for and on behalf of the Associa- tion may run for a term longer than one (1) year, except with the vote or written assent of a majority of the voting power of the Association. Section 6. Delegation of Duties. In the event that the Association shall delegate any or all of its duties, powers or functions to any person or entity to act as manager, neither the Association nor the members of its Board of Directors shall be liable for any omission or improper exercise by the manager of any such duty, power or function so delegated. Section 7. Right of Entry for Emergency. The Board of Directors, any person authorized by the Board or any Owner may enter any Residential Estate in the event of any emergency involy- -31- 84-214034 ing illness or potential danger to life or property. Such entry shall be made with as little inconvenience to the Owner as is practicable, and in the event that any damage shall be proximate- ly caused by or result from said entry, the Association shall repair the same at its expense. Section a. Right of Entry for Repairs. The Board of Directors, or any person authorized by the Board, shall have the right to enter, upon reasonable notice, any Residential Estate to effect necessary repairs which the Owner has failed to perform or which are necessary or otherwise required by this Declaration. Section 9. Limitations on Board Action. The Board of Directors of the Association shall be prohibited from taking any of the following actions except with the prior affirmative vote or written assent of a majority of the voting power of the Associ- ation: (a) Entering into a contract with a third person wherein the third person will furnish goods or services to the Association for a term longer than one (1) year, with the following exceptions: (1) A contract with a public utility company if the rates charged for the materials or services are regulated by the Public utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regulated rate; and (2) Prepaid casualty and/or liability insur- ance policies of not to exceed three (3) years, dura- -32- W214034 tion, provided that the policy permits for short -rate cancellation by the insured. (b) Incurring expenditures for capital improve- ments to the Common Area in any fiscal year which would require a Special Assessment to be levied; (c) Selling during any fiscal year property of the Association having an aggregate fair market value great- er than five percent (5%) of the budgeted gross expenses of the Association for that fiscal year; (d) Paying compensation to Directors or to offi- cers of the Association for services performed in the con- duct of the Association's business; provided, however, that the Board may cause a Director or officer to be reimbursed for expenses incurred in carrying on the business of the Association; or (e) Filling a vacancy on the Board of Directors created by the removal of a Director. Section 10. Licenses, Easements and Rights -of -Way. The Board of Directors, for and on behalf of the Association, is authorized and may grant such licenses, easements and rights -of - way for sewer lines, water lines, underground conduits, storm drains and other public utility purposes over those portions of the Common Area Parcels upon which no building or other structure has been erected as may be necessary or appropriate for the order- ly maintenance, preservation and enjoyment of the Common Area or for the preservation of the health, safety, convenience and wel- fare of the Owners. -33- Section 11. Future Lot Line Adjustments. In the event an Owner desires to construct an Improvement on any portion of his Patio Area and/or Future Patio Area which requires the issu- ance of a Building Permit by the City, and such Improvement has been approved by the Architectural Control Committee in accord- ance with the provisions of Article IX hereinbelow, the Board of Directors, for and on behalf of the Association, shall have the power and the right and is hereby authorized to enter into a Lot Line Adjustment with such Owner, and in accordance therewith, to convey fee title to the land underlying such Improvement so as to enable the Building Permit to be issued, provided and on condi- tion that: (a) the Association owns fee title to the respective Common Area Parcel to be affected by such Lot Line Adjustment; (b) the Board approves such Lot Line Adjustment by at least a two-thirds (2/3) vote of all Directors; and (c) such Lot Line Adjustment shall not affect any portion of the Common Area, other than those areas set aside as Patio Areas and/or Future Patio Areas appurtenant to such Parcel as shown on Exhibit "G" attached hereto. All Owners hereby appoint the Association, by and through the Board of Directors, as their special attorney -in -fact to conduct the negotiations and to execute agreements affecting said Lot Line Adjustment and to record all documents necessary to effectuate such Lot Line Adjustment. -34- 84-214034 ARTICLE V ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Residential Estate in the Proj- ect, and each assignee, grantee or other successor thereof, by acceptance of an assignment, deed or other instrument of convey- ance, whether or not it shall be so expressed in such assignment, deed or other instrument, is deemed to covenant and agree to pay to the Association: (a) Annual Assessments; (b) Special Assess- ments; and (c) such other assessments as the Association may periodically establish, as more particularly set forth herein. All of the aforesaid Assessments, together with interest, rea- sonable late charges, costs and reasonable attorneys' fees for the collection thereof, shall be a charge and lien upon the Resi- dential Estate against which each such Assessment is made, and shall also be the personal obligation of the Owner of such Resi- dential Estate at the time when the Assessment fell due. The personal obligation for delinquent assessments shall not pass to an Owner's successor unless expressly assumed by them. Section 2. Purpose of Annual Assessments: Levy and Collection. The Annual Assessments levied by the Association shall be used exclusively to promote the health, safety and wel- fare of the residents in the Project and to perform and execute all of the powers and duties of the Association as set forth herein. The Association, by and through its Board of Directors, shall levy and collect Assessments from each Residential Estate in the Project in an amount sufficient to cover all of the Common -35- 84-214034 Expenses incurred by the Association in connection with the per- formance and execution of its powers and duties set forth in this Declaration, the By -Laws and the Articles of Incorporation. The percentage rate of the Annual Assessments attributable to each Residential Estate shall be adjusted following the annexation of all or any portion of the Annexation Property as provided for in this Declaration. Such adjustment shall become effective on the first day of the month following the recordation of the annexa- tion documents with the County Recorder. Annual Assessments shall be collected on a monthly installment basis. Section 3. Annual Assessments; Reserves. Each Residen- tial Estate in the Project shall share equally in the Common Expenses of the Association. The total of all of the components of the Association's annual budget which comprise the Annual Assessment (excluding the component attributable to reserves to defray the cost of future repairs and/or replacement of those elements of the Common Area which must be repaired or replaced on a periodic basis) may not be increased by more than seven percent (7%) above the total of such components (excluding reserves) for the previous year without the vote or written assent of a majority of the voting power of the Association. The Board of Directors shall annually review the estimated remaining useful life of those elements of the Common Area which must be repaired or replaced on a periodic basis and shall adjust (increase or decrease) the component of the Association's budget attributable to reserves as necessary to assure that reasonably adequate re- serves will be collected. Such reserves shall be kept in a sepa- -36- 84-214034 rate, designated trust account and may not be invaded to pay any other expenses whatsoever. Section 4. Special Assessments. The Board of Directors may levy Special Assessments only in accordance with the follow- ing: (a) Special Assessments for Capital Improvements. Save and except as provided in Article XI hereinbelow, the Board of Directors may not, without the prior affirmative vote or written assent of a majority of the voting power of the Association, levy any Special Assessment to defray the cost of (1) rebuilding or reconstructing any damaged or destroyed portions of the Common Area and/or any other Im- provements required to be maintained by the Association as provided for in this Declaration; (2) constructing or in- stalling any new Improvements to the Common Area, (3) repair- ing, replacing or reconstructing any Common Area Improve- ments; and/or (4) taking any extraordinary action for the benefit of the Common Area and/or the Association pursuant to the provisions of this Declaration. Every such Special Assessment which is approved by a majority of the voting power of the Association shall be levied on the same percent- age basis as that utilized for the levying of Annual Assess- ments. (b) Special Assessments for Willful or Negligent Damage to common Area. In the event that it becomes neces- sary for the Association to maintain or repair any portion of the Common Area, the exterior of any Residence or any -37- 64-214034 other Improvement required to be maintained by the Associa- tion, as provided herein, due to the willful or negligent acts or omissions of any Owner (or his family, tenants, less- ees, guests or invitees), and if after prior notice to and request for full reimbursement, said Owner shall fail to make payment, the Board shall conduct a full hearing on the matter in accordance with the due process requirements refer- enced in Article XVIII hereinbelow entitled "General Provi- sions," and shall assess all costs of such maintenance and repairs as a Special Assessment against the Residential Estate owned by such Owner. (c) Special Assessments for Compliance Purposes. In the event any Owner shall fail to perform his maintenance obligations as provided in Article X herein entitled "Own- ers' Maintenance Obligations," and the Association incurs any costs or expenses to bring his Residential Estate into compliance with the covenants and terms of this Declaration, and if after prior notice to and request for full reimburse- ment, said Owner shall fail to make payment, the Board shall conduct a full hearing on the matter in accordance with the due process requirements referenced in Article XVIII herein - below entitled "General Provisions," and shall assess all such costs and expenses as a Special Assessment against the Residential Estate owned by such non -complying Owner. (d) Special Assessments for Disciplinary Pur- poses. In the event any Owner shall violate any of the cove- nants and/or terms of this Declaration (including, but not Eon &4-214034 limited to, the failure to pay any Assessment levied against his Residential Estate when due) or shall violate any of the published rules and regulations of the Association, after prior notice and a full hearing on the matter in accordance with the due process requirements referenced in Article XVIII hereinbelow entitled "General Provisions," the Board may discipline such Owner as set -forth in Article XVIII hereinbelow (including, but not limited to, the assessment of monetary penalties as a Special Assessment against the Residential Estate owned by such Owner). Section 5. Amount of Annual Assessments: Due Dates. The Board of Directors shall fix the amount of the Annual Assessment against each Residential Estate at least thirty (30) days in advance of each Annual Assessment period. Written notice of the Annual Assessment shall be sent to every Owner subject thereto at least thirty (30) days in advance of each Assessment period. The due dates shall be established by the Board of Directors. The Association shall, upon demand and for a reasonable charge, fur- nish a certificate signed by an officer or agent of the Associa- tion setting forth whether the Assessments on a specified Resi- dential Estate have been paid. If a certificate states that As- sessments have been paid, such certificate shall be conclusive evidence of such payment. Section 6. Offsets and Waiver Prohibited. No Owner may waive or otherwise avoid liability for the Assessments provided for herein for any reason whatsoever, including, but not limited to, non-use of the Common Area or abandonment of his Residential -39- 84-214034 Estate, nor shall any Owner be entitled to any offset against any Assessment provided for herein for any reason whatsoever, includ- ing, but not limited to, any expenditure made by such Owner for or on behalf of the Association. Section 7. Exempt Property. The following property subject to this Declaration shall be exempt from the Assessments herein: (a) All property owned by the City; (b) •All property dedicated to and accepted by a local public authority; and (c) All Public Service Easements; (d) All property owned by any public authority; (e) All Common Area. ARTICLE VI EFFECT OF NON-PAYMENT OF ASSESSMENTS: REMEDIES OF THE ASSOCIATION Section 1. Effect of Non -Payment of Assessments: Reme- dies of the Association. Any Annual or Special Assessment (or installment thereof) not paid within thirty (30),days after the due date shall be deemed delinquent, shall be subject to a reason- able late charge as may, from time to time, be established by the Board of Directors in accordance with California law, and shall bear interest from the due date at the highest rate allowed by law. The Board of Directors, for and on behalf of the Associa- tion, may commence legal action against the Owner personally -40- 84-214034 obligated to pay the same and/or may foreclose the lien against his Residential Estate. Such lien may also be foreclosed by a power of sale or other nonjudicial procedure provided for by California law. Section 2. Notice of Lien. No action shall be brought to foreclose said assessment lien or to proceed under the power of sale herein, until (a) at least thirty (30) days have elapsed since the date a notice of claim of lien was deposited in the United States mail, certified or registered, postage prepaid, to the Owner of said Residential Estate, and (b) a copy of the no- tice of claim of lien is recorded by the Association in the Of- fice of the County Recorder of Orange County, California. Said notice of claim must recite a good and sufficient legal descrip- tion of any such Residential Estate, the record Owner or reputed Owner thereof, the amount claimed (which may, at the Associa- tion's option, include reasonable late charges as provided herein - above, interest on the unpaid assessment at the highest rate allowed by law, plus reasonable attorneys' fees and expenses of collection incurred in connection with the debt secured by said lien) and the name and address of the claimant. Section 3. Foreclosure Sale. Any foreclosure sale pro- vided for above is to be conducted by the Board of Directors, its attorney or other persons authorized by the Board in accordance with the provisions of Sections 2924 et seq., of the California Civil Code applicable to the exercise of powers of sale in Mort- gages and deeds of trust, or in any other manner permitted by law. The Association, through duly authorized agents, shall have -41- 84-2I4034 the power to bid on the Residential Estate at a foreclosure sale, and to acquire, hold, lease, mortgage and convey the same. Pursu- ant to such sale, the Association shall acquire all of the Own- er's fee and/or leasehold interests in such Residential Estate. 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, the officers thereof are hereby authorized to file or record, as the case may be, an appropriate release of such notice of claim of lien upon payment by the defaulting Owner of a fee to be determined by the Association to cover the actual costs of preparing and recording such release, together with all other costs and expenses incurred by the Association (including, but not limited to, attorneys' fees) in connection with such claim of lien. Section 5. Cumulative Remedies. The Association's reme- dies for non-payment of assessments, including, but not limited to, an action to recover a money judgment, assessment lien and right of foreclosure and sale, are cumulative and in addition to, and not in substitution of, any other rights and remedies which the Association and its assigns may have hereunder or at law. -42- 84-214034 ARTICLE VII USE RESTRICTIONS The Residential Estates and Common Area shall be occu- pied and used only as follows: Section 1. Private Single Family Dwelling. Each Residen- tial Estate shall be used as a private dwelling, for a single family, and for no other purpose. Section 2. Common Area Use. Use of the Common Area shall be subject to the provisions of this Declaration and to the rules and regulations adopted by the Association. Section 3. Conduct Affecting Insurance. Nothing shall be done or kept in or upon any Residential Estate or in the Com- mon Area by any Owner which will increase the rate of insurance on the Common Area and/or any Residence without the approval of the Association. No Owner shall permit anything to be done or kept on or in his Residential Estate or in the Common Area which will result in the reduction or cancellation of any insurance maintained by the Association or which would be in violation of any law. If, by reason of the occupancy or use of any portion of the Project by the Owner, his family, tenants, lessees, guests or invitees, the rate of insurance on the Common Area and/or Resi- dences shall be increased, or the coverage cancelled or reduced, such Owner shall become personally liable for the additional insurance premiums, plus all costs of restoring previous coverage. Section 4. Signs. Subject to the provisions of Califor- nia Civil Code, Section 712, no sign of any kind shall be display- ed to the public view on or from any Residential Estate or the -43- 84-214034 Common Area without the approval of the Association, except one (1) "for sale" or "for lease" sign of reasonable size -may be displayed from a Residential Estate. All signs permitted under this Section shall conform with the City's sign ordinance, if any, and with all other applicable laws and regulations. Section 5. Animals. No animals of any kind, save and except common domesticated household pets such as dogs, cats, birds and tropical fish, shall be kept in or upon any Residential Estate or in the Common Area, and 'such common domesticated house- hold pets may be kept only in accordance with such reasonable rules and regulations as may be adopted by the Association from time to time. In no event shall any pet be kept, bred or maintain- ed for any commercial purpose. No pet shall be allowed on the Common Area or on any public street unless secured on a leash or chain of not more than six (6) feet in length, and controlled by a person of suitable age and discretion. Each Owner shall be responsible for cleaning up any excrement or other unclean or unsanitary condition caused by said pet on his Residential Estate or the Common Area. The Association, upon the affirmative vote of two-thirds (2/3) of the Board of Directors, shall have the right to prohibit maintenance of any pet within the Project which con- stitutes a private nuisance to any other person. Any pet which is found to have repeatedly disturbed the peace and right of quiet enjoyment of any Owner will be deemed to be a private nuisance. Every person bringing a pet upon or keeping a pet in the Project shall be liable pursuant to the laws of the State of California to each and all persons for any injury or damage to persons or ZSM C 84-214034 property caused by such pet and shall be fully subject to the ordinances of the City of Newport Beach with respect to animals and the control thereof, as well as the laws of any other govern- mental agency with jurisdiction over same or all of the Project. Section 6. Quiet Enjoyment and Nuisances. No Owner shall permit or suffer anything to be done or kept in or upon such Owner's Residential Estate which will obstruct or interfere with the rights of quiet enjoyment of the other occupants, or annoy them by unreasonable noises or otherwise (including, but not limited to, loud radios or stereos, late parties, barking dogs, excessive vehicle noise, loud noise from power tools or pumps, filters or compressors). Further, no Owner shall permit or suffer any nuisance on his Residential Estate or permit or suffer any immoral or illegal act to be committed thereon. Each Owner shall comply with all health and safety regulations and with all other laws, ordinances and regulations by any governmental agency having jurisdiction over the Project. Section 7. Refuse. Each Owner shall remove all rubbish, trash, garbage, weeds and other debris from his Residential Es- tate. All such refuse which is put out for pickup by the City shall be contained in garbage cans, garbage bags or other closed containers approved by the City. After pickup, all garbage cans and other containers shall be promptly removed. All garbage cans and other containers, clotheslines, woodpiles, storage boxes, tools, equipment, dog houses and stored goods shall be kept in an area on the Residential Parcel which is obscured from view from the Common Area by a fence, wall or other screen approved by the -45- 84-214034 Architectural Control Committee provided for hereinbelow. Section 8. Improvements. There shall be no construc- tion, alteration or removal of any Improvement in the Project (other than normal maintenance and repairs by the Association or repairs or rebuilding of Common Area as provided herein) without the approval of the Architectural Control Committee as set forth hereinbelow. Section 9. Windows. No window in any Residence shall be covered in whole or in part, inside or outside, with aluminum foil, newspaper, paint or any other material reasonably deemed inappropriate for such use by the Architectural Control Committee. Section 10. Commercial Activity. No professional, com- mercial or industrial operations of any kind shall be conducted in or upon any Residential Estate or the Common Area, except such temporary operations as may be approved by a majority of a quorum of the Members of the Association in attendance at a regular or special meeting of the Association. Section 11. Parking. All vehicles in the Project shall be parked in accordance with the following: (a) With the exception of Vista del Oro and Mar Vista, all streets within the Project are private and are subject to the covenants and terms of this Declaration as well as all applicable laws, ordinances and regulations of all governmental agencies having jurisdiction over the Proj- ect. Additionally, the Association may adopt reasonable rules and regulations regarding the parking of vehicles in the Project and procedures to enforce such rules and regula- -46- e 84-224Q34 0 tions, including, but not limited to, the levying of fines and citing and towing of violating vehicles. (b) Except as may be otherwise expressly permit- ted by the Association pursuant to duly adopted rules and regulations, parking along the private streets in the Proj- ect is prohibited. Notwithstanding the foregoing, temporary on -street parking for service and delivery vehicles is per- mitted. Additionally, guests may temporarily park along the private streets if the off-street guest parking areas in the immediate area are occupied. In no event shall any guest park in the off-street guest parking area or along any pri- vate street in the Project overnight without the prior ap- proval of the Association. (c) Any Owner having three (3) or more automo- biles actually registered to such Owner or to the members of his family may apply to the Association for special parking permits to park vehicles in their respective driveway or in an off-street guest parking area in their immediate area, subject to such reasonable rules and regulations as may be adopted by the Association. (d) Except as otherwise permitted by the Associa- tion as set forth herein, no Owner shall park any vehicle on any portion of the Project except wholly within his re- spective garage. Without limiting the generality of the foregoing, no Owner shall park any large commercial type vehicle, any recreational vehicle (including, but not limit- ed to, campers, motorhomes, trailers, boat trailers, boats, -47- 64-214034 aircraft, mobile homes or other similar vehicles) on his Residential Parcel unless wholly enclosed within his garage, nor on any portion of the Common Area whatsoever. (e) Each Owner shall keep his garage readily available for parking of his respective vehicle and shall not store any goods or materials therein, nor use any por- tion of the garage for a workshop or other use if such stor- age or use would prevent said Owner from parking any of his respective vehicles therein. Garage doors shall remain closed at all times when not in use. (f) -No Owner shall conduct major repairs to any motor vehicle of any kind whatsoever in his garage or upon any portion of the Common Area, except for emergency repairs thereto and then only to the extent necessary to enable the vehicle to be moved to a proper repair facility. Section 12. Compliance with Articles, By -Laws and Rules and Regulations. All Owners shall be Members of the Association and shall comply with the covenants and terms set forth herein and in the Articles of Incorporation and the By -Laws, and any rule or regulation adopted by the Association. No Owner shall transfer any membership or interest in the Association, except upon the transfer of the Residential Estate to which it is appur- tenant. Section 13. Air Conditioners. Individual Residences may or may not be presently equipped with an air conditioning system. No Owner shall install an additional air conditioning unit or replace an existing unit without the prior written approval of gem 84_21 4034 the Architectural Control Committee, which shall have the right to approve or disapprove the size, shape, noise level -and pro- posed location of such air conditioning unit. Section 14. Solar Heating. No Owner shall install any solar heating panels, collectors or equipment without the prior written approval of the Architectural Control'Committee, which shall have the right to approve or disapprove the size, shape, color, materials, construction or location of such panels. Section 15. Passage of Light and Air. No Owner shall build, construct or erect any Improvement or otherwise allow any Improvement located on such Owner's Residential Estate to unrea- sonably interfere with the passage of light and air to, or the view from, any other Residence in the Project. Section 16. Antennas. No Owner shall install, or cause to be installed, any television or radio antenna or other similar electronic receiving or broadcasting device on any portion of the exterior of any Residence or upon any Parcel. Section 17. Leasing. With the exception of a lender in possession of a Residential Estate following (a) a default in a first Mortgage, (b) a foreclosure proceeding, or (c) a conveyance or other arrangement in lieu of foreclosure, no Owner shall be permitted to rent or lease his Residential Estate for transient or hotel purposes or for a period of less than thirty (30) days. No Owner may rent or lease less than the entire Residential Es- tate. All rental and lease agreements shall be in writing and shall provide that the terms of such agreement shall be subject in all respects to the provisions of this Declaration, the Sy- . -49- 0 84-2?4034 Laws, Articles of Incorporation and rules and regulations of the Association, and that any failure by the tenant or lessee to comply with the terms of such documents shall constitute a de- fault under such agreement. Every Owner who rents or leases his Residential Estate shall be responsible for assuring that his lessee or tenant complies with such documents. Other than the foregoing, there are no restrictions on the right of an Owner to rent or lease his Residential Estate. ARTICLE VIII COMMON WALLS Section 1. Introduction. Each Owner has a vested inter- est in the continued maintenance and repair of the system of "Common Walls" within the Project. For purposes of this Article, "Common Wall" shall mean and refer to any wall, or portion there- of, which is located substantially parallel to and within one foot (11) of the boundary line separating two (2) Residential Parcels and which serves as the boundary between said Parcels, and which comprises a structural wall for one (1) or more Resi- dences. "Common Wall" shall not, however, mean or refer to any wall, or portion thereof, which serves as a boundary between a Residential Parcel and any Common Area Parcel. Each Owner's rights and obligations with respect to the Common Walls is set forth hereinbelow. Section 2. Ownership of Common Walls. Ownership of each Common Wall, or portion thereof, shall be vested in the Owner of the Residential Estate upon which the Common Wall, or portion -50- 84-214034 thereof, is located. Notwithstanding said vesting of ownership, the rights and obligations of the Owners with respect to the use, enjoyment, maintenance and repair of the Common Walls shall be as set forth hereinbelow. Section 3. Decoration and Maintenance of Common Wall Surfaces. Subject to the Association's duty to paint the exterior of the Residences and to maintain certain landscaping located on the Residential Parcels as set forth in the Article herein enti- tled "Powers and Duties of the Association," each Owner may, at his own cost and expense, maintain the side of any Common Wall, or portion thereof (whether interior or exterior), facing his Residential Estate in a neat, clean, safe, sanitary and attrac- tive condition at all times. In furtherance of the foregoing, each Owner may install landscaping in a neat and attractive man- ner along the exterior surface of a Common Wall in any area not maintained by the Association, subject to the prior approval of the Architectural Control Committee, and may paint, wallpaper, panel or similarly decorate the interior of any Common Wall, or portion thereof, which comprises a portion of such Owner's Resi- dence. No Owner shall drive nails, screws, bolts or other objects more than half way through any Common Wall, interefere with the adjacent Owner's use and enjoyment of the Common Wall or impair in any way the fire or structural integrity of any Common Wall. Section 4. Structural Maintenance of Common Walls. The structural maintenance of Common Walls shall include, but not be limited to, such repair, restoration and/or periodic replacement as is reasonably necessary to maintain the Common Walls in a -51- 64-2y4034 neat, safe and structurally sound condition at all times. Where a Common Wall, or portion thereof, comprises a portion of only one (1) Residence, it shall be the obligation of the Owner of such Residence to structurally maintain such Wall, or portion thereof, and to bear all costs thereof. Where a Common Wall, or portion thereof, comprises a portion of two (2) Residences, it shall be the mutual obligation of the Owners of each such Residence to structurally maintain such Wall, or portion thereof, and to share equally in the costs thereof. Notwithstanding the foregoing, in the event any structural maintenance is required due to the will- ful or negligent acts or omissions of any Owner, such Owner shall bear the full cost thereof. Section S. Easements Regarding Placement of Common Walls. There are hereby created and established permanent ease- ments appurtenant to each Residential Parcel for the placement of all Common Walls where such Walls are actually located, regard- less of whether such Walls are located precisely upon the proper- ty line between two (2) Residential Parcels. Specifically, in the event a Common Wall, or portion thereof, is not located precisely upon the actual property line separating two (2) Residential Parcels, such that a portion of one (1) Owner's Residence is located on an adjacent Owner's Residential Parcel, there shall be a permanent easement for encroachment purposes appurtenant to the first Owner's Parcel on and over that portion of the adjacent Parcel located between the property line and the Common Wall. Section 6. Easements for Repair of Common Walls. There is hereby created and established .a non-exclusive easement appur- -52- 84-214034 . tenant to each Residential Parcel for access over any adjoining Residential Parcel as reasonably necessary to allow each Owner to maintain the Common Walls in accordance with the provisions set forth herein. Such Owner shall give the Owner of the adjacent Residential Parcel twenty-four (24) hours prior notice of the work to be done, and shall perform such work during reasonable daytime hours, except in case of an emergency, in which case such work may be performed at any time and without prior notice. The Owner performing the work shall use his best efforts to minimize the inconvenience to the Owner of the adjacent Residential Parcel when performing the work. Section 7. Right to Contribution. The right of any owner to contribution from any other Owner for work performed pursuant to this Article shall be appurtenant to and shall run with the land and shall be binding upon the Owners and their successors, assigns and grantees. Section 8. Disputes. In the event of a dispute between Owners with respect to any of the matters set forth in this Arti- cle, any Owner may submit the matter to the Board of Directors for binding arbitration, as set forth in Article XVIII hereinbe- low, and the decision of the Board shall be'binding upon all Owners participating in such arbitration, unless such decision is clearly arbitrary and capricious. Section 9. Boundary Walls and Fences. Any Owners having a wall or fence other than a Common Wall which separates two (2) Residential Parcels (namely a backyard fence or wall), shall be jointly responsible for all structural maintenance and repairs to -53- 84-214034 0 such wall or fence and shall share equally in the cost thereof; provided, however, if any maintenance is required due to the willful or negligent acts or omissions of any Owner, such Owner shall bear the full cost thereof. ARTICLE IX ARCHITECTURAL CONTROL Section 1. Architectural Approval of Proposed Improve- ments. Except for normal maintenance and repair, no Owner shall (a) build, construct, erect, rebuild, install or plant any Im- provements on his Residential Parcel; or (b) change or otherwise alter the exterior appearance of his Residence (hereinafter col- lectively referred to as the "Proposed Improvements") until all conditions which may be imposed by the City have been satisfied (including, but not limited to, the issuance of a building permit if required by the City) and until any and all plans and specifi- cations required pursuant to this Article showing the nature, kind, color, shape, dimensions, materials and location of the same shall have been submitted to and approved in writing by the Architectural Control Committee provided for herein as to compli- ance with the requirements of this Article. Section 2. Architectural Control Committee. The Archi- tectural Control Committee is hereby authorized to exercise the rights and powers set forth in this Article. Said Committee shall consist of three (3) members and each member shall serve for a term of one (1) year. In the event of the failure or inability to act of any member of the Committee, the Board of Directors -54- 0 84-214034 shall designate a successor who shall serve for the remainder of the term of the member he replaces. The Board of Directors shall appoint all of the members of the Architectural Control Committee, consisting of one (1) member of the Board of Direc- tors, one (1) architect or equivalent and the Association man- ager. No member of the Committee shall be liable to any person for his decisions or failure to act in making decisions as a member of the Committee. Section 3. Submittal of Plans and Specifications for Proposed Improvements. Any Owner desiring to make any Proposed Improvement shall submit plans and specifications to the Commit- tee as provided herein and said plans and specifications shall be processed in accordance with the following: (a) All plans and specifications shall have been prepared by an architect, landscape architect, engineer or designer licensed or certified by the State of Califor- nia, or by such other person as may be approved in writing by the Committee; (b) All plans and specifications shall be sub- mitted to the Committee in duplicate, together with a rea- sonable application fee as established by the Board of Direc- tors for the Association. In addition, if the Committee shall deem it necessary or advisable to retain the services of an engineer or architect to review the submittals, the Owner shall pay the costs and fees incurred by the Committee not to exceed One Hundred Dollars ($100.00); (c) The Committee shall take action upon all -55- P4-214034 plans and specifications within forty-five (45) days after submittal thereof to the Committee and shall promptly notify the Board of such action. In the event the Committee shall fail to act upon the plans and specifications within the period specified hereinabove, they shall be deemed disap- proved. Any action by the Committee on said plans (i.e., approval, approval with conditions or disapproval) shall be by certificate as set forth in Section 12 hereinbelow. The original of said Certificate shall be retained in the rec- ords of the Association and a copy thereof shall promptly, after execution thereof, be mailed to the party submitting such plans and specifications. The action of the Committee may be appealed by the applicant or by any affected Owner to the Board of Directors. Said appeal shall be processed as set forth in paragraph (e) hereinbelow; (d) One (1) set of the plans and specifications may be retained by the Committee and the other set shall be returned to the party submitting same following action thereon as provided for hereinabove; (e) The Owner submitting plans for the Proposed Improvement or any affected Owner may appeal to the Board of Directors of the Association by delivering a written notice of appeal to the Board within twenty (20) days after the decision of the Committee. The Board shall conduct a hearing at the next regularly scheduled Board meeting. At the hearing, the party making the appeal shall have the opportunity to be heard and to present evidence in favor -56- p 84-214034 thereof. The Board of Directors shall issue a written deci- sion within a reasonable period after the hearing and shall promptly mail a copy of its decision to the appellant. All decisions of the Board shall be conclusive on the issue and binding on the parties unless such decision is clearly arbi- trary and capricious. Section 4. Criteria. Approval of the plans and speci- fications for any Proposed Improvement as required herein may be withheld because of noncompliance with any of the specific covenants contained in this Declaration; because of the reason- able dissatisfaction of the Committee with the plan, color scheme, finish, design, proportions, architectural style, shape, dimensions, materials to be used therein, pitch or type of roof proposed to be placed thereon, size or location of trees or other plants to be planted and/or appropriateness of the Proposed Im- provement; or because of the reasonable dissatisfaction of the Committee with any aspect of the Proposed Improvement which in the reasonable judgment of the Committee, will render the Pro- posed Improvement inharmonious or out of keeping with the general theme of the Project or with the Improvements erected on neighbor- ing Residential Parcels. The approval of any such work shall be deemed conditional upon the commencement of such work within ninety (90) days after such approval. Thereafter, the work there- on must be prosecuted diligently to completion within a reason- able time and in any event, before the expiration of any reason- able period as may be specified by the Committee. -57- 84-214034 Section S. Inspection of Work. (a) Within ten (10) days after the completion of construction, erection or installation of any Proposed Im- provements, the Owner shall give written notice thereof to the Committee. Within sixty (60) days after receipt of such notice, the Committee, or its duly authorized representa- tive, may inspect the completed Improvement to determine whether it was constructed, erected or installed in substan- tial compliance with the approved plans. If the Committee or its duly authorized representative shall fail to inspect the completed Improvement due to no fault of the Owner making such Improvement, then such Improvement shall be deemed to comply with all of the terms and provisions of this Article. If, however, the Committee shall inspect the completed Im- provement and determine that such Improvement was not con- structed, erected or installed in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within ten (10) days after the date of the inspection, specifying the particulars of noncom- pliance. (b) If upon the expiration of thirty (30) days from the date the Owner is notified of such noncompliance, the Owner shall have failed to remedy such noncompliance, the Committee shall then set a date on which a hearing shall be held regarding the alleged noncompliance. Said date shall not be more than forty-five (45) nor less than thirty (30) days after said notice of noncompliance was given to the -58- 84-214034 Owner. Written notice of the hearing date shall be given by the Committee to the Owner at least ten (10) days in advance thereof. At the hearing, the Owner, the Committee and any other interested persons may present information relevant to the question of the alleged noncompliance. After considering all such information, if the Committee shall determine that there is in fact a noncompliance, the Commit- tee shall specify the exact nature of the noncompliance and shall specify a reasonable period of time the Owner shall have to remedy or remove the same after the date of the Committee ruling. If the Owner does not comply with the Committee ruling within such reasonable period or within any extension of such reasonable period as the Committee may grant in its discretion, the Committee shall report such failure to the Board of Directors who shall be autho- rized to take such action against said Owner as is deemed appropriate, including the recording of a notice of noncom- pliance in the Office of the County Recorder and the filing of a suit declaring said noncomplying Improvement to be a nuisance and for abatement thereof. Section 6. Approval Not Waiver. The approval by the Committee of any plans and specifications for a Proposed Improve- ment to a Residential Estate shall not be deemed to constitute a waiver by the Committee of its right to object to any features or elements embodied in such plans and specifications in the event said features or elements are embodied in subsequent plans and specifications submitted to the Committee for approval for use -59- I 84-214034 for another Residential Estate. Section 7. Presumed Approval. Notwithstanding any other provision in this Article, should any Owner fail to notify the Committee of the completion of a Proposed Improvement as provided for hereinabove, from and after the one (1) year anniversary of the completion of the Improvement, for the benefit only of bona fide purchasers and encumbrancers for value, the completed Im- provement shall be deemed to comply with all of the terms and provisions of this Article, unless a notice of noncompliance or noncompletion, executed by the Committee, was of public record in the Office of the County Recorder, or legal proceedings had been commenced to enforce compliance with these provisions prior to said sale or encumbrance. Section 8. View Protection. The Architectural Control Committee shall not approve any Proposed Improvement which would unreasonably obstruct the view from any other Residence in the Project. Section 9. Public Service Easements. Except as other- wise provided in Article X hereinbelow entitled "Owners' Mainte- nance Obligations," the Architectural Control Committee shall not approve any Proposed Improvement which would encroach upon any Public Service Easement without the prior express written consent of the City, other public agency or the affected utility company. Section 10. Improvements Requiring Building Permits. No Owner shall build, construct, erect or otherwise install any Proposed Improvement which requires a Building Permit on any portion of his Patio Area and/or Future Patio Area without comply- IRM 84-214034 ing with the provisions of this Article and without first obtain- ing a Lot Line Adjustment in accordance with the provisions of Section 11 of Article IV hereinabove entitled "Powers and Duties of the Association." Notwithstanding the foregoing, the Architec- tural Control Committee shall not have any right, power or author- ity to approve, and no Owner shall build, construct, erect or otherwise install any room addition or other "enclosed" Improve- ment on any portion of his Patio Area and/or Future Patio Area. As used herein, an Improvement will be deemed "enclosed" unless such Improvement is completely open and exposed to the elements on the top or on at least one (1) side. (A trellis -type roof will not be deemed "enclosed" as used herein.) Under no circumstances shall the Architectural Control Committee approve any Proposed Improvement which would be located upon any portion of the Common Area, other than those areas which are set aside herein as Patio and/or Future Patio Areas as shown on Exhibit "G" attached hereto. Section 11. Architectural Guidelines. The Architectural Control Committee shall submit to the Board of Directors for approval such reasonable architectural guidelines as may be appro- priate, from time to time. Section 12. Certificate of Action by the Committee. Any action taken by the Committee with respect to plans and speci- fications for Proposed Improvements or any other matters shall be evidenced by a Certificate signed by at least two (2) members of said Committee who concur in the action taken by the Committee. Once issued, the Certificate shall not be subject to change by the Committee and may be relied upon by all parties affected -61- 84-214034 thereby. Section 13. Basis of Approval. The approval by the Architectural Control Committee of any plans and specifications refers only to the conformity of such plans and specifications to the general architectural theme of the Project and does not repre- sent approval for engineering design or structural integrity. The Association and the Architectural Control Committee, by approving such plans and specifications, assumes no liability or responsi- bility therefor, nor for any defect in any structure constructed from such plans and specifications. ARTICLE X OWNERS' MAINTENANCE OBLIGATIONS Section 1. Maintenance by Owner. Subject to the pro- visions of this Declaration regarding the Powers and Duties of the Association, Common Walls and Architectural Control, each Owner shall maintain his respective Residential Estate in accord- ance with the following: (a) Residential Estate. Each Owner shall, at his sole cost and expense, maintain his respective Residential Estate in a neat, clean, safe, attractive and sanitary condi- tion at all times, and promptly make all necessary repairs thereto. (b) Entry Areas. Notwithstanding the provisions of paragraph (a) above, the Owners of the two (2) Residences which share an Entry Area as shown on Exhibit "G" attached hereto shall, at their joint cost and expense, maintain -62- 84-214034 their respective Entry Area in a neat, clean, safe, attrac- tive and sanitary condition at all times. The Association shall be responsible for making all structural repairs to any Common Area Improvements located on such Entry Area. Each such Owner may place attractive potted plants of reason- able size and in reasonable quantities on the portion of the Entry Area adjoining his Residence, but in no event shall any Owner permit or suffer any condition to exist on the Entry Area which would obstruct or otherwise impair safe ingress, egress and access on, over and across such Entry Area, or which -would cause the Entry Area to be unsightly. (c) Future Patio Areas. Notwithstanding the provi- sions of paragraph (a) above, no owner shall remove any Common Area Improvements or any landscaping from his Future Patio Area, nor build, construct, erect or otherwise install any Improvements on his Future Patio Area, nor otherwise use or possess his Future Patio Area without first complying with the provisions of Article IX hereinabove entitled "Architectural Control." At such time as an Owner has obtain- ed such consent and complied with said provisions, there- after, such Owner shall maintain his Future Patio Area (or portion thereof which was so approved) in accordance with the provisions of paragraph (a) above. (d) Improvements on a Public Service Easement. Any Owner who, as of the date hereof, has any Improvement which encroaches onto a Public Service Easement, as shown on Exhibit "G" attached hereto, shall maintain said Improvement -63- 84-214034 in accordance with the terms and provisions of an Encroach- ment Agreement executed, or to be executed, by and between said Owner and the respective utility company or agency. The terms and provisions of such Agreement shall supersede any contrary provisions set forth in this Declaration. In the event the utility company or agency shall find it necessary in connection with the maintenance, repair or replacement of its facilities to remove any such Improvement, the Owner and the Association shall cooperate with the utility company or agency so as to enable the Improvement to be reconstructed in a manner which will not unreasonably interfere with said utility facilities. In no event shall any Owner erect or install any new Improvements whatsoever on a Public Service Easement without the prior express written consent of such company or agency. (e) Retaining Walls. The Association shall, as a Common Expense, maintain, repair and rebuild all retaining walls presently located in the Project. Notwithstanding the foregoing, each Owner shall, at his sole cost and expense, maintain, repair and rebuild any decorative wall, fence, planter or other similar Improvement which is located on his Residential Estate and which is constructed above a retain- ing wall. Each Owner hereby acknowledges and agrees that in the event it becomes reasonably necessary for the Associa- tion to remove or reconstruct any retaining wall, and in connection therewith, to remove any wall, fence, planter or other similar Improvement constructed above such retaining QE-M 84-214034 wall, the Association shall not be obligated to reconstruct or otherwise rebuild any such wall, fence, planter or other similar Improvement. Section 2. Special Assessments. In the event any Owner shall fail to perform his maintenance obligations as set forth herein, the Board of Directors shall have the right, but not the obligation, acting through its agents and employees, to enter in and/or upon any Residential Estate to perform such maintenance and repairs as may be reasonably required to bring said Residen- tial Estate into compliance with the covenants and terms set forth in this Declaration. The cost of such maintenance and re- pairs shall be levied by the Board as a Special Assessment against the Residential Estate owned by the non -complying Owner as more particularly set forth in Article V hereinabove entitled "Assessments." Section 3. Duty to Rebuild. Save and except as other- wise provided in any Residential Lease affecting a Residential Estate, in the event any Residence shall be destroyed or damaged by fire or other casualty, the Owner shall promptly rebuild his Residence. Section 4. Variance in Exterior Appearance. In the event any Residence shall be destroyed or damaged by fire or other casualty, the Owner thereof may apply to the Architectural Control Committee in accordance with the provisions of Article IX hereinabove entitled "Architectural Control" to rebuild or recon- struct his Residence in a manner which will provide for an exteri- or appearance and design different from that which existed prior -65- 84-214034 to the date of the casualty. Such application shall be subject to all of the provisions of said Article IX and shall be handled as a "Proposed Improvement" as referenced in said Article. Addition- ally, the Committee shall not approve such variance if the finish- ed Residence would be inharmonious or out of keeping with the overall architectural theme of the Project or with the exterior design of any adjoining Residences. Section 5. Owners' Cooperation for Maintenance. The Owners of Residences which are located on adjoining Residential Parcels and which are attached so as to constitute one (1) build- ing, shall cooperate with each other as is reasonably necessary to enable each Owner to properly maintain and repair his respec- tive Residence and/or to mitigate any damage to his Residence. Section 6. Owners' Cooperation for Fumigation. Without limiting the generality of the preceding Section, in the event that it shall become reasonably necessary for an Owner to fumi- gate his Residence to control termites, insects or for other similar purposes, and in order to effectively perform such fumiga- tion it is necessary to tent both the affected Residence and one (1) or more adjoining Residences (whether similarly affected or not), the Owners of all Residences shall cooperate with each other so as to enable such work to be promptly and effectively completed (including, but not limited to, agreeing on the dates the Owners will vacate their respective Residences to enable the fumigation work to be performed). In the event that only one (1) Residence is affected so as to require the fumigation, the Owner of such Residence shall bear the entire cost of such fumigation 0 64-214034 work. If, however, more than one (1) Residence is affected such that more than one (1) will be directly benefited by such fumiga- tion, such Owners shall share in the cost of such fumigation as is mutually acceptable. If the Owners are unable to agree, the matter of the sharing of the cost of such fumigation shall be submitted to the Board of Directors for binding arbitration at its next regular meeting and the decision of the Board shall be conclusive on all parties, unless clearly arbitrary or capri- cious. In any case, each Owner shall be responsible for his re- spective costs for food and lodging during the period the Resi- dences are required to be vacated, even though only one (1) Resi- dence may be benefited by such fumigation. ARTICLE XI DAMAGE OR DESTRUCTION TO THE COMMON AREA Section 1. Restoration of Common Area. Except as other- wise provided in Section 2 hereinbelow, damage to or destruc- tion of all or any portion of the Common Area shall be handled in the following manner: (a) In the event of damage to or destruction of the Common Area and the insurance proceeds are suffici- ent to effect total restoration, the Association shall, as promptly as is practical, cause the Common Area to be repaired and reconstructed in a good workmanlike manner to its condition prior to such damage or destruction. (b) If the insurance proceeds available are at -67- 84-214034 least ninety percent (90%) of the estimated cost of total repair and reconstruction to the Common Area, the Associa- tion shall, as promptly as practical, cause such Common Area to be repaired and reconstructed in a good workmanlike manner to its condition prior to the damage or destruction, and the difference between the insurance proceeds and the actual cost shall be levied by the Association as a Special Assessment against each of the Residential Estates on an - equal basis. Notwithstanding any other provision of this Declaration to the contrary, no prior affirmative vote or approval of the Owners shall be required for such Special Assessment. (c) If the insurance proceeds available are less than ninety percent (90%) of the estimated cost of total repair and reconstruction to the Common Area, the Owners shall, by the written consent or vote of a majority of the Owners, determine whether (1) to restore the Common Area as promptly as practical to its condition prior to the dam- age or destruction, and to raise the necessary funds over and above the insurance proceeds available by levying a Special Assessment against each Residential Estate on an equal basis; or (2) to restore the Common Area in a way which utilizes all available proceeds and an additional amount not in excess of ten percent (10%) of the estimated cost of total reconstruction and repair to the Common Area, and which is assessable as provided above to all Residential Estates, but which is less expensive than restoring the Mim 84-214034 Common Area to its condition prior to the damage or destruc- tion. Section 2. Election to Not Rebuild and to Disburse Funds to Association. (a) Notwithstanding the provisions set forth in Section 1 hereinabove, in the event sixty-seven percent (67%) or more of the Owners and sixty-seven percent (67%) or more of the first Mortgagees (based upon one [1] vote for each first Mortgage owned) have given their prior written approval, the Owners may elect to not rebuild or restore the Common Area and to disburse the available insurance proceeds to the general fund of the Association. (b) In the event the required percentage of own- ers and Mortgagees shall have so voted not to rebuild the Common Area, the Common Area shall be cleared and landscaped and the cost thereof shall be paid for out of the available insurance proceeds prior to their distribution to the gener- al fund of the Association. (c) In the event the Owners shall have so voted to not rebuild the Common Area, unless the City shall agree to the contrary, it shall be the obligation of the Associa- tion and each of the Owners to rebuild the private streets, open space areas and essential private utility lines and connections to such condition as may be required by the City. Section 3. Excess Insurance Proceeds. In the event any excess insurance proceeds remain after restoring the destroy- ed Common Area, or after clearing debris and rebuilding any Im- 84-214034 provements required by the City, as set forth in this Article, the Board of Directors shall retain such sums in the general fund of the Association; provided, however, that for so long as the Common Area Parcels are being leased by the Association from the Declarant, the disposition of insurance proceeds shall be made in accordance with the Lease between Declarant and the Association. ARTICLE XII CONDEMNATION Section 1. Distribution of Awards - Common Area. Save and except as otherwise provided in any lease between Association and Declarant affecting the Common Area, a condemnation award affecting all or any portion of the Common Area shall be remitted to the general fund of the Association. Section 2. Board of Directors as Attorney -in -Fact. All Owners hereby appoint the Board of Directors as their special attorney -in -fact to handle the negotiations, settlements and agreements pertaining to any condemnation, eminent domain or inverse condemnation affecting the Common Area. Section 3. Distribution of Awards - Residential Es- tates. A condemnation award affecting all or any portion of a Residential Estate shall be distributed in accordance with any Residential Lease and/or Mortgage recorded on said Residential Estate. -70- 64-214034 ARTICLE XIII COVENANT AGAINST PARTITION Section 1. Conditions for Partition. By acceptance of his deed, each Owner shall be deemed to covenant for himself and for his heirs, representatives, successors and assigns that he will not institute legal proceedings to effect judicial partition of his interest in the Project, unless the Project (a) has been in existence in excess of fifty (50) years, (b) is obsolete and uneconomical, and (c) the Owners of at least fifty percent (50%) of the total of all Residential Estates in the Project join in such action for partition. ARTICLE XIV INSURANCE Section 1. Required Insurance Coverage. The AssociA- tion, acting by and through the Board of Directors, shall obtain for the Association and shall maintain and pay the premiums for the following insurance coverages: (a) Casualty Insurance. A policy or policies of blanket fire and casualty insurance with extended cover- age endorsement for the full current replacement value of the entire Project (without deduction for depreciation), including, without limitation, the Common Area Improvements and the Residences, but excluding the Owners' personal prop- erty. Said policies shall be maintained for the benefit of the Association, the Owners and their respective Mortgagees, as their interests may appear. -71- 84-214034 (b) Liability Insurance. A policy or policies of full coverage public liability insurance (with cross -lia- bility endorsement, if obtainable) insuring the Association, the Board of Directors, the Owners, the Declarant, and the agents and employees of each of the foregoing against any liability to the public or to any Owner, his family, ten- ants, lessees and their respective invitees, arising from or incident to the ownership, occupation, use, maintenance and/or repair of the Common Area and the Residential Es- tates, and from lawsuits related to employment contracts in which the Association is a party. The limits of liability under this Section shall be set by the Board of Directors and shall be reviewed at least annually by the Board of Directors and increased or decreased at the discretion of the Board. (c) Worker's Compensation Insurance. Worker's compensation insurance to the extent necessary to comply with any applicable laws. (d) Fidelity Bonds. Blanket fidelity bonds for anyone who either handles or is responsible for funds held or administered by the Association, whether or not they receive compensation for their services. A professional man- ager that handles funds for the Association must be covered by its own fidelity bond. All such bonds must name the Asso- ciation as the obligee and must cover the maximum funds that will be in the custody of the Association (or professional manager) at any time while the bond is in force. Additional- ly, the fidelity coverage must at least equal the sum of -72- 84-214034 three (3) months Annual Assessments on all Residential Es- tates in the Project, plus the Association's reserves. Section 2. Optional Insurance Coverage. The Associa- tion, acting at its option and by and through the Board of Direc- tors, may purchase such other insurance as it may deem necessary, or appropriate, including, but not limited to, officers' and Directors' errors and omissions insurance, earthquake insurance, flood insurance and plate glass insurance. Section 3. Notice of Cancellation of Insurance. All policies of insurance (including fidelity bonds) maintained by the Association pursuant to this Article shall contain a provi- sion that coverage under said policies may not be cancelled, terminated, allowed to expire by their own terms, or be substan- tially modified by any party without at least thirty (30) days' prior written notice to the Board of Directors and to such first Mortgagees who have filed written requests with the Association for such notice. Section 4. Review of Coverage. The Board of Directors shall annually determine whether the amounts and types of insur- ance coverage that it has obtained pursuant to this Article shall provide adequate coverage for the Project, based upon the then current construction costs, insurance practices in the area in ,which the Project is located, and all other factors which may indicate that either additional insurance coverage or increased coverage under the existing policies is necessary or desirable to protect the interests of the Association, the Owners and their respective Mortgagees. If the Board of Directors determines that -73- 84-214034 increased coverage or additional insurance is appropriate, it shall obtain same. Section 5. Waiver by Owners. As to all policies of insurance maintained by the Association which will not be voided or impaired thereby, each Owner hereby waives and releases all claims against the Association, the Board of Directors, the De- clarant, and the agents and employees of each of the foregoing and -all other Owners, with respect to any loss covered by such insurance, whether or not caused by the negligence of, or breach of, any agreement by said persons, but only to the extent of the insurance proceeds received in compensation for such loss. Section 6. Premiums, Proceeds and Settlement. Insur- ance premiums for all blanket insurance coverage and any other insurance coverage which the Board has determined is necessary to protect the interests of the Association, the Owners and their respective Mortgagees, shall be a Common Expense to be included in the Annual Assessments levied by the Association. All insur- ance proceeds paid to the Association shall be disbursed as fol- lows: (a) in the event of any damage or destruction to the Common Area, such proceeds shall be disbursed in accordance with the provisions of Article XI hereinabove entitled "Damage or Destruc- tion to the Common Area"; and (b) in the event of any other loss, the proceeds shall be disbursed as the Board shall deem appro- priate subject to the limitations set forth in any applicable Residential Lease and/or Mortgage affecting any Residential Es- tate in the Project and/or in any lease or Mortgage affecting the Common Area. The Association is hereby granted the authority to -74- 84-214034 negotiate loss settlements with the appropriate insurance carri- ers. A majority of the Board of Directors must sign anloss claim form and release form in connection with the settlement of a loss claim, and such signatures shall be binding on the Association and its Members. Section 7. Rights and Duties of Owners to Insure. Each Owner may obtain insurance on his personal property and on all other property and Improvements within his Residential Estate. Each Owner may also obtain such other insurance on his Residen- tial Estate as he may deem appropriate, including, but not limit- ed to, flood and/or -earthquake insurance. Nothing herein shall preclude any Owner from carrying any public liability insurance as he may deem desirable to cover his individual liability for damage to person or property occurring on his individual Residen- tial Estate or elsewhere upon the Project. I£ obtainable, such liability insurance coverage carried by an Owner shall contain a waiver of subrogation of claims against the Declarant, the Associ- ation, the Board of Directors, their agents and employees and all other Owners. Such other policies shall not adversely affect or diminish any liability under insurance obtained by the Associa- tion. If any loss intended to be covered by insurance carried by the Association shall occur and the proceeds payable thereunder shall be reduced by reason of insurance carried by any Owner, such Owner shall assign the proceeds of such insurance carried by him to the Association to the extent of such reduction, for appli- cation by the Board of Directors to the same purposes as the reduced proceeds are to be applied. -75- 84-214034 Section 8. Trustee for Policies. The Association is hereby appointed and shall be deemed trustee for the interests of all insureds under the policies of insurance maintained by the Association. Unless otherwise expressly waived by the Board of Directors at the request of any insurance carrier or Owner, all insurance proceeds under such policies shall be paid to the Board of Directors as trustees and the Board shall have full power to receive such funds on behalf of the Association, the Owners and their respective Mortgagees and to deal therewith as provided for in this Declaration. ARTICLE XV MORTGAGEE PROTECTION Section 1. Mortgagee Protection Provisions. Notwith- standing any other provision in this Declaration to the contrary, in order to induce the Federal Home Loan Mortgage Corporation (FHLMC), the Federal National Mortgage Association (FNMA) and the Government National Mortgage Association (GNMA), and other lend- ers and investors, to participate in the financing of the sale of Residential Estates in the Project, the following provisions con- tained within this Article are added hereto, and to the extent these added provisions conflict with any other provisions in this Declaration, these added provisions shall control. The Declara- tion, the Articles of Incorporation and the By -Laws for the Asso- ciation are hereinafter collectively referred to in this Article as the "constituent documents." The provisions of this Article shall apply equally to any holder, insurer or guarantor of a -76- r 64-214034 first Mortgage on a Residential Estate in the Project. (a) The right of an owner to sell, transfer or otherwise convey his Residential Estate shall not be subject to any right of first refusal or any similar restriction in favor of the Association. (b) The lien of the assessments provided for herein shall be subordinate to the lien of any first Mort- gage now or hereafter recorded upon any Residential Estate. The sale or transfer of any Residential Estate shall not affect the assessment lien; however, the sale or transfer of any Residential Estate pursuant to judicial or nonjudicial foreclosure of a first Mortgage or pursuant to any remedies provided for in the Mortgage shall extinguish the lien of such assessments as to payments which became due prior there- to. Accordingly, any first Mortgagee who obtains title to a Residential Estate pursuant to the remedies provided in the Mortgage, or foreclosure of the Mortgage, or any purchaser at a foreclosure sale of a first Mortgage will not be liable for any unpaid assessments or charges which accrue prior to the acquisition of title to such Residential Estate by the Mortgagee (except for claims for a share of such assessments or charges resulting from a reallocation of such assessments or charges to all Residential Estates including the mort- gaged Residential Estate). In no event, however, shall any sale or transfer relieve such Residential Estate from liabil- ity for assessments due thereafter. (c) Except as provided by statute in case of -77- 84-214034 condemnation or substantial loss to the Residential Estates or Common Area or by other statute, unless sixty-seven per- cent (67%) of the Owners other than Declarant and sixty- seven percent (67%) of the first Mortgagees (based upon one [1.] vote for each first Mortgage owned) have given their prior written approval, the Association shall not be enti- tled to: (1) Change the method of determining the obligations, assessments, dues or other charges which may be levied against an'Owner's Residential Estate; (2) By act or omission seek to abandon, partition, subdivide, encumber, sell or transfer all or any portion of the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended uses of the Com- mon Area and the granting of Lot Line Adjustments pursu- ant to Section 11 of Article IV, shall not be deemed transfers within the meaning of this clause; (3) By act or omission change, waive or abandon any scheme of regulations, or enforcement there- of, pertaining to the Architectural design or exterior appearance of Residences, the exterior maintenance of Residential Estates and maintenance of the Common Area; (4) Fail to maintain fire and extended cover- age on any applicable Improvements to the Common Area on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurable I" value; 84-214034 (5) Use hazard insurance proceeds for losses to the Common Area for other than repair, replacement or reconstruction; and (6) Effect any decision of the Association to terminate professional management and assume self - management of the Project if professional management has been required by FHLMC, FNMA, or GNMA; and (7) Elect to terminate the legal status of the Project. (d) All taxes, assessments and charges which may become liens prior to the first Mortgage under local law shall relate only to individual Residential Estates, and not to the Project as a whole. (e) No provision of the constituent documents shall be interpreted to give any Owner or any other party priority over any rights of the first Mortgagee in the case of a distribution to such Owner of insurance proceeds or condemnation awards for losses to or a taking of all or any portion of the Common Area or such Owner's Residential Estate. (f) The assessmentsprovided for in the constitu- ent documents shall include an adequate reserve fund.for maintenance, repairs and replacement of those elements of the Common Area that must be replaced on a periodic basis, and shall be payable in regular installments rather than by Special Assessments. -79- 84-214034 (g) Each first Mortgagee who has filed with the Association a written request for notice shall be entitled to timely written notice of: (1) any condemnation or eminent domain proceeding affecting any Residential Estate or the Common Area, or any portion thereof, and any loss or taking resulting from such proceeding; (2) any damage or destruc- tion to a Residential Estate or to the Common Area, or any portion thereof, when such loss exceeds Ten Thousand Dollars ($10,000.00); (3) any default in the performance by an indi- vidual Owner of any obligation under the constituent docu- ments which is not cured within sixty (60) days after the Association learns of such default; (4) any lapse, cancella- tion or material modification of any insurance policy or fidelity bond maintained by the Association; and (5) any abandonment or termination of the Project. (h) Any agreement for professional management of the Project, or any contract providing for services of the Declarant, may not exceed one (1) year, renewable by agreement of the parties for successive one (1) year peri- ods. Any such agreement must provide for termination by either party without cause and without payment of a termina- tion fee on thirty (30) days' written notice. (i) First Mortgagees may, jointly or singly, pay taxes or other charges which are in default and which may have become a lien on the Common Area and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage, on the lapse of a policy, for the Common IMOM E4-214034 Area, and first Mortgagees making such payments,shall be owed immediate reimbursement therefor from the Association. Upon demand by any first Mortgagee, the Board of Directors shall execute on behalf of the Association an agreement establishing the right of all first Mortgagees to such re- imbursement. (j) A first Mortgagee of a Residential Estate in the Project will, upon written request to the Association, be entitled to (1) examine the books and records of the Association during normal business hours; (2) receive, with- out charge, an -annual audited financial statement of the Project within ninety (90) days following the end of any fiscal year of the Project, if such statement has been pre- pared for the Association; and (3) receive written notice of all meetings of the Association and be permitted to desig- nate a representative to attend all such meetings. Section 2. Violation of Mortgagee Protection Provi- sions. No breach of any of the covenants and terms set forth in this Article shall cause any forfeiture of title or reversion or bestow any right of re-entry whatsoever, but in the event that any one or more of these covenants or terms shall be violated, the Declarant, its successors and assigns, the Association, or any Owner in the Project may commence a legal action in any court of competent jurisdiction to enjoin or abate said violation and/or to recover damages; provided, however, that any such viola- tion shall not defeat or render invalid the lien of any Mortgage made in good faith and for value. Said covenants and terms shall -81- 64-214034 be binding upon and effective against any Owner whose title is acquired by foreclosure, trustee sale or otherwise. ARTICLE XVI "J" PLAN Section 1. Introduction. Those certain Residential Parcels in the Project identified on Exhibit "H" attached hereto and incorporated herein by this reference are hereinafter refer- red to as "'J' Plan Parcels." As more particularly shown on Exhib- it "H," the "J" Plan Parcels are grouped in sets of three (3) Parcels and are located on a slope such that the Residences con- structed on such Parcels stair -step down the slope. By virtue of this configuration, the uppermost Residence has a "balcony" over a portion of the roof of the Residence constructed on the middle Parcel, and similarly, the Residence on the middle Parcel has a balcony over a portion of the roof of the Residence on the bottom Parcel. As such, the floor of each such balcony also functions as the exterior surface of the roof of a portion of the adjoining Residence. (For purposes of this Article, the afore -mentioned balcony floor is hereinafter referred to as a "Common Floor - Roof.") All Owners of Residential Estates which include a "J" Plan Parcel (hereinafter referred to as "'J' Plan Owners") have a vested interest in the preservation and continued maintenance and repair of their respective Common Floor -Roofs. Section 2. Easements. (a) Declarant caused those certain instruments entitled "Easements Appurtenant to Lease" to be recorded IN -YAM 84-2140374 . with the County Recorder on various "J" Plan Parcels which established and conveyed appurtenant exclusive easements on and over the roof of an adjoining Residence for use as a balcony. The aforesaid instruments are identified in Exhibit "I" attached hereto and incorporated herein by this refer- ence. The remaining "J" Plan Parcels which were not subject to such an express conveyance have established identical exclusive easement rights by operation of law. Each Residen- tial Parcel which is burdened by such an easement (whether by conveyance or operation of law) is hereinafter referred to as a Servient Tenement, and each Residential Parcel which has such a balcony easement appurtenant thereto (whether by conveyance or operation of law) is hereinafter referred to as a Dominant Tenement. The relationship between the Parcels as Dominant and/or Servient Tenements is set forth in Exhib- it "J" attached hereto and incorporated herein by this refer- ence. As indicated on said Exhibit, a Residential Parcel may be a Dominant Tenement, a Servient Tenement or both. The covenants and terms set forth in this Article are intended to clarify the rights and obligations of the Owners of the Dominant and Servient Tenements relative to their respective Common Floor -Roofs. (b) All "J" Plan Owners hereby ratify and confirm the existence of exclusive easements appurtenant to the respective Dominant Tenement on, over and across those cer- tain portions of the respective Servient Tenement for bal- cony purposes, as shown on Exhibit "K" attached hereto and mom 84-214034 incorporated herein by this reference. The existing physical boundaries of the balcony easement area shall be conclusive- ly presumed to be the boundary of such easement area rather than the description set forth in Exhibit "K," regardless of settling or lateral movement of the Residences or minor variations between the dimensions as shown on Exhibit "K," and the actual boundaries of the balcony easement area. Section 3. Maintenance of Common Floor -Roofs. Each pairing of Owners which share a Common Floor -Roof as the respec- tive Dominant and Servient Tenements shall maintain and repair said Common Floor -Roof as set forth in this Section. (a) Annual Maintenance. With respect to normal maintenance and repairs to a Common Floor -Roof which are required as the result of prolonged exposure to the ele- ments, normal wear and tear and/or Act of God, such mainte- nance shall be performed in accordance with the following: (1) On or about June 1 of each calendar year, the Owners of the Dominant and Servient Tenements shall jointly inspect their Common Floor -Roof, and if such inspection reasonably indicates that repairs are required, said Owners shall promptly obtain at least two (2) bids from reputable roofing contractors for the purpose of performing all necessary repairs (including, but not limited to, replacement of any rotted or decay- ed materials, re -leveling of the Common Floor -Roof to assure proper drainage and resealing the Common Floor - Roof moisture barrier). If the Owners are unable to EMM I 84-214034 0 agree whether repairs are reasonably indicated, the matter shall be submitted to the Board of Directors of the Association for binding arbitration. The decision of the Board shall be final and conclusive, unless clearly arbitrary and capricious. (2) Within ten (10) days after receipt of the bids, unless the Owners otherwise mutually agree, the work shall be performed by the lowest bidder. (3) Upon completion of the work to their mutual satisfaction, the owner of the Dominant Tenement and the Owner of the Servient Tenement shall each pay one-half (1/2) of the cost of such work to the contrac- tor. (4) In the event either Owner shall fail or refuse to pay his share of the cost of the work, the other Owner may, at his option, pay to the contractor the total amount due, and thereafter, the Owner making payment in full shall be entitled to bring legal action against the non-paying Owner to recover the amount paid on his behalf, together with interest thereon from the date of such payment at the maximum rate permitted by law until paid, and all court costs (including reason- able attorneys' fees). Any payment on behalf of a non- paying Owner shall not be deemed a gift, but shall be deemed a payment pursuant to an agreement for reimburse- ment in return for benefit received. (5) In the event the Owner of a Dominant MPM 84-214034 Tenement shall intentionally refuse to allow the Common Floor -Roof to be maintained and repaired as provided herein, the Owner of the Servient Tenement shall notify said Owner in writing of his intent to hold said Owner liable for any damage to the interior of the Residence on the Servient Tenement resulting from such refusal. (b) Maintenance Required Due to Negligence. With respect to any maintenance and repairs to a Common Floor - Roof which are required as the result of the negligent or intentional acts or omissions of an Owner, his family, ten- ants, lessess, guests or invitees, such maintenance and repairs shall be performed in accordance with the following: (1) Any Owner who discovers that a Common Floor -Roof is in need of repair due to the negligent or intentional acts or omissions attributable to one (1) Owner, shall promptly notify the other affected Owner in writing, and within ten (10) days thereafter, said Owners shall obtain at least (2) bids from reputable roofing contractors for the purpose of performing all necessary repairs. (2) Within ten (10) days after receipt of the bids, unless the Owners otherwise mutually agree, the work shall be performed by the lowest bidder. (3) Upon completion of the work to their mutual satisfaction, the Owner responsible for the negligent or intentional acts or omissions shall pay the full amount of the cost of such work. 84-214Owl 4 . (4) In the event the Owners are unable to agree whether the work was required due to the negli- gent or intentional acts or omissions attributable to one (1) Owner, each Owner shall pay one-half (1/2) of the cost of the work and the matter shall be submitted to the Board of Directors of the Association for bind- ing arbitration. The decision of the Board shall be final and conclusive unless clearly arbitrary and capri- cious. (5) No Owner shall drive nails, screws, bolts or other objects of any kind or character whatso- ever into any portion of a Common Floor -Roof nor other- wise jeopardize the moisture barrier which the Common Floor -Roof is intended to provide. Any Owner who vio- lates the foregoing shall be deemed to be negligent and shall be solely liable for the full cost of the repairs to the Common Floor -Roof as provided for in this para- graph (b). (c) Unscheduled Maintenance. If, during inclimate weather, a Common Floor -Roof begins to leak so as to cause, or threaten to cause, water damage to the interior of the Residence on the Servient Tenement, and the Owner of the Dominant Tenement and the Owner of the Servient Tenement are both available, the Owner of the Servient Tenement shall immediately notify the Owner of the Dominant Tenement, where- upon said Owners shall immediately proceed to have the Com- mon Floor -Roof repaired. Unless said Owners shall otherwise -87- 84-21.4o.34 mutually agree, they shall obtain two (2) bids from reput- able roofing contractors and shall cause the work to be performed by the lowest bidder at the earliest available date. The cost of such repair work shall be borne in accord- ance with the provisions of Section 3 hereinabove. Prior to completion of the repairs, said Owners shall take all reason- able steps to mitigate water damage (including, but not limited to, the placement of plastic sheeting over the sus- pect portion of the Common Floor -Roof, the use of pails to catch dripping water, the removal of carpeting and furnish- ings, etc.). (d) Emergency Access for Maintenance. If, during inclimate weather, a Common Floor -Roof begins to leak so as to cause, or threaten to cause, water damage to the interior of the Residence on the Servient Tenement, and the Owner of the Dominant Tenement is unavailable, the Owner of the Servi- ent Tenement may enter in and upon the balcony easement area for the purpose of effeccizig repairs and/or implementing mitigating measures. Such entry shall be made only from(the exterior and shall not be made through the Residence of the Owner of the Dominant Tenement without such Owner's prior written consent. The cost of such repair work shall be borne in accordance with the provisions of Section 3 hereinabove. Prior to completion of the repairs, the Owner of the Servi- ent Tenement shall take all reasonable steps to mitigate water damage as indicated above. Section 4. Liability for Water Damage. The liability T 84-21.4034 for all water damage shall be borne exclusively by the Owner of the Servient Tenement, provided and on condition that the Owner of the Dominant Tenement (a) did not intentionally refuse to allow the Common Floor -Roof to be maintained and repaired, as set forth in Section 3(a) above, over the written objection of the Owner of the Servient Tenement; (b) did not cause the Common Floor -Roof to leak due to negligent or intentional acts or omis- sions attributable to him as set forth in Section 3(b); (c) did not violate the provisions of Section 3(c); and (d) otherwise acted in a reasonably prudent manner to mitigate water damage to the Residence on the Servient Tenement. Upon the failure of any of the aforesaid conditions, the cost of all such water damage shall be borne as is mutually agreeable to the Owners or as may be determined by legal action between the Owners. Section 5. Use Restrictions Applicable to Common Floor - Roofs. (a) Nothing in this Section is intended to limit or otherwise restrict the application of the "Use Restric- tions" set forth in Article VII hereinabove to the Common Floor -Roofs. The use restrictions set forth herein are ex- pressly intended to be in addition to and to supplement those set forth in Article VII. (b) Each Owner of a Dominant Tenement shall, at his sole cost and expense, keep his balcony easement area in a neat, clean, attractive and sanitary condition at all times. Each such Owner may place attractive potted plants of reasonable size and quantity on his balcony easement area, ME—IM 64-214034 but in no event shall any Owner permit or suffer any condi- tion to exist thereon which would jeopardize the structural integrity of the Common Floor -Roof. All potted plants shall be placed on a saucer so as to avert the ponding of water on the Common Floor -Roof. (c) No Owner of a Dominant Tenement shall build, construct, erect or otherwise install any Improvement on his balcony easement area without first complying with the provi- sions of Article IX hereinabove. (d) No Owner of a Dominant Tenement shall install any outdoor carpeting on the Common Floor -Roof without the prior express written consent of the Architectural Control Committee. The Architectural Control Committee shall not approve any such carpeting which would retain water and thereby jeopardize the moisture barrier which the Common Floor -Roof is intended to provide. Section 6. Drainage. There is hereby created and estab- lished a non-exclusive easement appurtenant to each Dominant Tenement for drainage of roof -runoff and other waters on and over the Servient Tenement through down -spouts and rain gutters serving the Dominant Tenement. The Owner of the Dominant Tenement shall, at his sole cost and expense, maintain said down -spouts and gutters in good operating condition at all times. In the event that it becomes necessary to alter said down -spouts or gutters, said Owner will make adequate provision for proper drain- age. .M 84-214034 Section 7. Destruction of Residence on Servient Tene- ment. In the event the Residence located on a Servient Tenement is damaged or destroyed by fire or other casualty with the result- ant effect that the balcony easement area is also damaged or destroyed, upon completion of the rebuilding of said Residence in accordance with the provisions of Article X hereinabove, the balcony easement rights described herein shall be automatically restored for the benefit of the Dominant Tenement. The cost of reconstructing the Common Floor -Roof shall be borne in accordance with the provisions of Section 3 hereinabove. Section 8. Indemnification. The Owner of the Dominant Tenement and the Owner of the Servient Tenement shall indemnify and hold each other free and harmless from and against any and all damages, costs, expenses or other liability which may arise from the breach of any of the covenants and terms set forth in this Article by the indemnitor. -91- 84-214034 ARTICLE XVII ANNEXATION OF ADDITIONAL PROPERTY All or any portion of the Annexation Property may be annexed into the Project and become subject to this Declaration as set forth herein. Section 1. Annexation Pursuant to Merger. Any portion of the Annexation Property included within'a separate homeowners association may be annexed into the Project and become subject to this Declaration pursuant to a merger -of said association with The Bluffs Homeowners' Community Association in accordance with the California Nonprofit Mutual Benefit Corporation Law, Califor- nia Corporations Code, Section 7110 et seq. Section 2. Declaration of Annexation. At such time as a merger, as set forth in Section 1 hereinabove, shall become effec- tive under applicable law, the annexation of the affected portion of the Annexation Property shall be reflected by the recordation of a Declaratioh of Annexation, or other similar instrument, covering the annexed property. Said Declaration of Annexation shall expressly provide that said property shall be subject to the scheme of this Declaration and to the jurisdiction of the Association. The Declaration of Annexation may also contain such complementary additions to and modifications of the covenants and terms set forth in this Declaration which are necessary to re- flect the different character, if any, of the annexed property and which are not inconsistent with the general scheme of this Declaration. Except as set forth in this Section, no Declaration of Annexation shall add, delete, revoke, modify or otherwise -92- 84-214034 alter the covenants and terms set forth in this Declaration. The annexation of such additional property shall become effective on the first day of the month immediately following the recordation of said Declaration of Annexation with the County Recorder. ARTICLE XVIII GENERAL PROVISIONS Section 1. Enforcement by City. The City, as adjoining landowner and in consideration of granting certain land use ap- provals by which the original development was authorized, may enforce those provisions of this Declaration that relate to the City property or Public Service Easements, or to the right of the Board of Directors to grant to the City, for public purposes, property or Public Service Easements. The City shall have the right to enforce covenants regarding maintenance of the Common Area, only in the event that the failure of the Association to properly maintain the Common Area could result in damage to prop- erty, Public Service Easements or facilities owned by the City. Section 2. Enforcement. (a) The Association and/or the Owner of any Resi- dential Estate in the Project shall have the right to en- force by proceedings at law or in equity all of the cove- nants and terms imposed by this Declaration and the By -Laws, respectively (and the rules and regulations duly adopted by the Association), including, without limitation, the right to prosecute a proceeding at law or in equity against the person or persons who have violated or are attempting to -93- 84-2140?4 violate any of said covenants and terms, to enjoin or pre- vent them from doing so, to cause said violation to be reme- died and/or to recover damages for said violation. Addition- ally, the Declarant shall have the right, but not the obliga- tion, to enforce the covenants and terms imposed by this Declaration and By -Laws, as set forth above. Declarant's rights of enforcement shall cease and terminate at such time as Declarant no longer owns any interest in a Residential Estate in the Project. (b) The result of every act or omission whereby any of the covenants and terms contained in this Declaration or the provisions of the By -Laws are violated in whole or in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nui- sance, either public or private, shall be applicable against every such result and may be exercised by Declarant, by any Owner or by the Association. (c) The remedies herein provided for breach of the covenants and terms contained in this Declaration or the provisions of the By -Laws shall be deemed cumulative, and none of such remedies shall be deemed exclusive. (d) The failure of Declarant, the Association or any Owner to enforce any of the covenants and terms contain- ed in this Declaration or the provisions of the By -Laws shall not constitute a waiver of the right to enforce the same thereafter. (e) A breach of the covenants and terms contained -94- J 84-214034 in this Declaration or of the provisions of the By -Laws shall not affect or impair the lien or charge of any bona fide Mortgage made in good faith and for value on any Resi- dential Estate; provided, however, that any subsequent Owner of such property shall be bound by said covenants and terms, whether or not such Owner's title was acquired by foreclo- sure, a trustee's sale or otherwise. (f) In the event any Owner shall violate any of the covenants and/or terms of this Declaration (including, but not limited to, the failure to pay any assessment levied against his Residential Estate when due) or shall violate any of the published rules and regulations of the Associa- tion, the Board of Directors, for and on behalf of the Asso- ciation, may discipline such Owner as provided herein. Such discipline may include the assessment of monetary penalties as a Special Assessment, the suspension of said Owner's voting rights and/or the suspension of said Owner's right to use the Common Area recreational facilities for such period as the Board shall deem appropriate; provided, however, the due process requirements set forth in Section 7341 of the California Corporations Code shall be followed with respect to the accused Owner before a decision to impose any disci- pline is reached (namely, the accused Owner shall be given fifteen [151 days' prior notice sent by first class or regis- tered mail, and the notice shall specify the reasons for such proposed discipline and shall provide an opportunity for the Owner to be heard, orally or in writing, not less -95- e 84-2?.4034 than five [5) days before any discipline is imposed by the Board of Directors). (g) The City shall have the right, through its agents and employees, to enter upon any part of the Project for the purpose of enforcing all applicable laws, ordinances and regulations, and is hereby granted an easement over the Project for that purpose. Section 3. Severability. Invalidation of any one of the covenants and/or terms set forth in this Declaration by judgment or court order shall in no way affect any other covenants or terms herein, which shall remain in full force and effect. Section 4. Term. The covenants and terms set forth in this Declaration shall run -with and bind the Project, and shall inure to the benefit of and be binding upon Declarant, the Associ- atioh and each Owner, and their respective legal representatives, heirs, successors, assigns and grantees, and shall be enforceable by any of said entities for a term of fifty (50) years from the date this Declaration is recorded after which time said covenants and terms shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by a majority of the then Owners agreeing to terminate said covenants and terms (in whole or in part) has been recorded within one (1) year prior to the termination of the initial fifty (50) year term, or within one (1) year prior to the termination of any successive ten (10) year period. Section 5. Construction. The covenants and terms of this Declaration shall be liberally construed to effectuate its 84-214034 purpose of creating a uniform plan for the maintenance, protec- tion, improvement, use, occupancy and enjoyment of the Project. The Article and Section headings have been inserted for conve- nience only, and shall not be considered or referred to in re- solving questions of interpretation or construction. Section 6. Singular Includes Plural. Whenever the con- text of this Declaration may so require, the singular shall in- clude the plural, and the masculine shall include the feminine and neuter. Section 7. Amendments. This Declaration may be amended only by the affirmative vote or written approval of Declarant (so long as Declarant owns any interest in a Residential Estate in the Project) and the Owners of not less than fifty percent (50%) plus one (1) of the Residential Estates in the Project; provided, however, that the percentage of the voting power necessary to amend a specific provision shall not be less than the percentage of affirmative votes prescribed for action to be taken under said provision. Notwithstanding the foregoing, in the event of any proposed amendment which purports to adversely affect any inter- est of a First Mortgagee, this Declaration may be amended only by the affirmative vote or written approval of Declarant (so long as Declarant owns any interest in a Residential Estate in the Proj- ect), of at least sixty-seven percent (67%) of the owners of Residential Estates in the Project, and of at least sixty-seven percent (67%) of the First Mortgagees in the Project. For pur- poses of the foregoing, an amendment shall be deemed to adversely affect the interests of a First Mortgagee if it concerns any of -97- I the following: 84-21.4034 (a) Any action to terminate the legal status of the Project as a planned development; (b) Voting rights; (c) Assessments, assessment liens or subordina- tion of liens; (d) Reserves for maintenance and repairs; (e) Rights to use the Common Area; (f) Boundaries of any Residential Parcel; (g) Convertibility of Residential Estates into Common Area or vice versa; (h) Annexation or withdrawal of property to or from the Project; (i) Insurance or fidelity bonds; (j) Leasing of Residences; (k) Imposition of any restrictions on an Owner's right to sell or transfer his Residential Estate; (1) Any decision by the Association to establish self management if professional management had previously been required by an eligible First Mortgagee; (m) Restoration or repair of the Project in a manner other than as specified in this Declaration; and (n) Any of the Mortgagee protection provisions set forth in this Declaration. In the event any First Mortgagee receives a written request from the Board of Directors to approve any amendment to the Declara- tion, and such First Mortgagee does not deliver a negative re- $4-2?4034 sponse in writing to the Board within thirty (30) days of the mailing of such request by the Board, such First Mortgagee shall be deemed to have approved such proposed amendment. Further, this Declaration may not be amended without the prior express written consent of the City if the proposed amendment would, in some manner (a) affect property, facilities or Public Service Ease- ments owned by the City; (b) affect the power of the Board to grant property, facilities or Public Service Easements to the City for public purposes; or (c) render the covenants and terms of this Declaration or the Project inconsistent with the ordi- nances of the City. -This amendment provision shall not be amended to allow amendments by less than the percentages set forth herein - above. An amendment made in accordance with the provisions set forth hereinabove shall be effective when it is both executed by Declarant, the City (if required as set forth above), and the President and Secretary of the Association who shall certify that the amendment has been approved by the Membership and, where appropriate, by the First Mortgagees, in the percentages set forth hereinabove, and when it is recorded in the Office of the County Recorder for Orange County, California. Upon such recorda- tion, the amendment shall be effective and binding upon all Own- ers and all Mortgagees, regardless of whether such Owner or such Mortgagee consented to such amendment. Section 8. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by registered or certified mail, it shall be deemed to have been g4-214a34 delivered forty-eight (48) hours after a copy of the same has been deposited in the United States mail, postage prepaid, ad- dressed to any person at the address given by such person to the Association for the purpose of service of such notice, or to the Residence of such person if no address has been given to the Association. If such notice is not sent by registered or certified mail, it shall be deemed to have been delivered when received. Such address may be changed from time to time by notice in writing to the Association. Section 9. Attorneys' Fees. If any Owner shall fail to pay any assessment when due or shall otherwise violate any of the covenants and/or terms of this Declaration, and the Association has obtained the services of an attorney in connection there- with, the Owner shall be obligated to pay to the Association any costs or fees incurred by the Association, including reason- able attorneys' fees, regardless of whether legal proceedings were instituted. In the event the Declarant, the Association or any Owner shall commence legal proceedings to enforce any of the covenants and/or terms of this Declaration, or to declare rights and/or obligations arising hereunder, under the By -Laws of the Association or under any of the published rules and regulations of the Association, the prevailing party in such action shall be entitled to recover its costs of suit and reasonable attorneys' fees as may be fixed by the Court. Section 10. Arbitration Procedures. Whenever a dispute or other controversy between Owners is required by this Declara- tion to be submitted to the Board of Directors of the Association -100- 64-214034 for binding arbitration, such arbitration shall be conducted in accordance with the following procedures: (a) When a dispute or other controversy between Owners arises under this Declaration and is required by this Declaration to be submitted to the Board for binding arbitra- tion, either Owner may, within thirty (30) days after such dispute has arisen, initiate the arbitration procedures by serving written demand upon the other affected Owner(s) and upon the Board of Directors. (b) The Board of Directors shall serve as the arbitration panel (hereinafter referred to as the "Panel"); provided, however, if any Board member is involved or other- wise has a direct interest in the outcome of such dispute or controversy, such Member shall not participate on the Panel. In all cases, the Panel shall consist of at least an odd number of a quorum or more of the Board of Directors. (For purposes of the foregoing, in the event an even number of members of the Board of Directors is present, the presiding officer shall not vote.) The Board members shall decide by lot which members shall serve on the Panel, unless the dispu- tants and the Board are all able to agree on who shall serve on the Panel. (c) Arbitration shall take place at the Project, and the hearing before the Panel of the matter to be arbi- trated shall be at the time designated by the Panel. The Panel shall give written notice thereof to each party at -101- 84-2?4034 least ten (10) days prior to the date so fixed. At the hear- ing any relevant evidence may be presented by either party, and the formal rules of evidence applicable to judicial proceedings shall not govern. Evidence may be admitted or excluded in the sole discretion of the Panel. The Panel shall hear and determine the matter and shall execute and acknowledge their award in writing and cause a copy thereof to be delivered to each of the parties. (d) The decision of the majority of the members of the Panel shall be binding and conclusive on the parties. A judgment confirming the award of the Panel may be rendered by any Superior Court having jurisdiction; or such Court may vacate, modify or correct the award in accordance with the prevailing sections of the California Arbitration Act. (e) The cost of arbitration shall be borne by the losing party or shall be borne in such proportion as the Panel shall determine. Section 11. Property Exemption. All public property within the Project shall be exempt from the provisions of this Declaration. Section 12. Conflict With Residential Lease. In the event of a conflict between the covenants and terms of this Decla- ration and the covenants and/or terms set forth in the Residen- tial. Lease affecting any Residential Estate, the covenants and terms of said Lease shall control, excepting, however, any con- flict with the covenants and terms set forth in Sections 26 -102- F 84-214034 through 30, inclusive, of said Lease, in which case, the cove- nants and terms of this Declaration shall control. IN WITNESS WHEREOF, the undersigned, being the Declar- ant, the Association, the City, and the Owners of Residential Estates in the Project have executed this document on the day and year first above written. "DECLARANT" THE I COMPANY, a ichiga corporation //// . nt (m. NCQRPORAT[D ice res e tic V BY: Assistant Secretary "'ASSOCIATION" THE BLUFFS HOMEOWNERS' COMMUNITY ASSOCIATION, a California nonprofit corporation BY: LAUDE WHIT EY President BY: �E''5 ERIfAM Secretary "CITY" THE CITY OF NEWPORT BEACH, a munZl�Oe6& corporation BY: A EVELYW HART` Mayor -103- 'y-214034 STATE OF CALIFORNIA.) ) ss. COUNTY OF ORANGE ) On o2o2.,, 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared RICHARD G. SIM and CHICK C. WILLETTE, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as Vice President and Assistant Secretary on behalf of THE IRVINE COMPANY, the corpora- tion therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its By -Laws or a reso- lution of its Board of Directors. WITNESS my hand and official seal. OFFICIAL SEAL KATHI L. ABRAMSON Notary Public - California PRINCIPAL OFFICE IN @IMY ORANGE COUNTY Commission Expires Feb.9,1988 (SEAL) 84-214034 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On Mel �d_,, , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared CLAUDE WHITNEY and CHET UMBERHAM, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument as President and Secretary on behalf of THE BLUFFS HOMEOWNERS' COMMUNITY ASSOCIATION, the corpo- ration therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its By -Laws o.r a resolution of its Board of Directors. WITNESS my hand and official seal. ignature of Notary Public 'LWJCY�IWIFMd�W4YWNtlIDIb0.'MYVONNNY: •J4VTeY4:YY'JI SUAYi W tlWYI W I OFFIMAL SEAL PAMELA A. LEMIEUX D II NOTARY PUBLIC•CALNORNIA PRINCIPAL OPIICL IN ORANGE COUNTY My CommisslonExplresAug.22.1986 MNgIMNtlWMNb910R;R4ax,PWiCtJ�awwW WCNMryN.T�M1�W0mW WqW (SEAL) 84-21yD34 STATE OF CALIFORNIA ) ) ss. COUNTY OF ORANGE ) On MAY 2 2 1984 , 1984, before me, the undersigned, a Notary Public in and for said State, personally appeared EVELYN HART, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed this instru- ment as the Mayor of the City of Newport Beach, a municipal corpo- ration, and acknowledged to me that such municipal corporation executed the same. WITNESS my hand and official seal. r- -t'le�63' V igna ure of Notary Public WILLIAM E. BROWN NOTARY PUBLIC • CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY my comirnsim bp. aoc 84-214034 EXHIBIT "A" PROPERTY Declarant owns fee title to that certain real property located in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: Lots 1 through 124, inclusive, Lot 126, and garage Lots 19G through 24G, inclusive, 30G, 34G, 42G, 50G through 56G, inclusive, 58G, 65G through 70G, inclusive, 72G, 76G, 78G, BOG through 85G, inclusive, 90G and 95G through 100G, inclusive, of Tract 5435 as shown on a Map recorded' in Book 200, Pages 17 through 21, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 14, inclusive, and garage Lots 7G and 11G of Tract 5463 as shown on a Map re- corded in Book 195, Pages 41 through 44, inclu- sive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 54, inclusive, and garage Lots 1G, 4G through 9G, inclusive, 12G, 15G and 18G through 23G, inclusive, of Tract 5480 as shown on a Map recorded in Book 196, Pages 35 through 37, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 70, inclusive, and garage Lots 42G through 49G, inclusive, of Tract 5692 as shown on a Map recorded in Book 206, Pages 24 through 26, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 76, inclusive, of Tract 5740 as shown on a Map recorded in Book 207, Pages 41 through 44, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 43, inclusive, of Tract 5741 as shown on a Map recorded in Book 207, Pages 45 through 47, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 49, inclusive, and garage Lots 23G through 28G, inclusive, 34G through 39G. Page 1 of 3 Pages 84-214034 inclusive, and 46G through 49G, inclusive, of Tract 5877 as shown on a Map recorded in Book 218, Pages 10 through 13, inclusive, of Miscel- laneous Maps in the Office of the County Re- corder, and that portion of Lot 96 of said Tract 5877 not included within Tract 6227 as shown on a Map recorded in Book 227, Pages 41 to 43, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 88, inclusive, and Lot 90 of Tract 5878 as shown on a Map recorded in Book 229, Pages 35 through 40, inclusive, of Miscel- laneous Maps in the Office of the County Re- corder; Lots 1 through 54, inclusive, of Tract 6227 as shown on a Map recorded in Book 227, Pages 41 through 43, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lots 1 through 82, inclusive, of Tract 6230 as shown on a Map recorded in Book 245, Pages 10 through 13, inclusive, of Miscellaneous Maps in the Office of the County Recorder; Lot 106 of Tract 5798 as shown on a Map record- ed in Book 212, Pages 32 through 36, inclusive, of Miscellaneous Maps in the Office of the County Recorder; -and- That portion of Block 52 of Irvine Subdivision as shown on a Map recorded in Book 1, Page 88, of Miscellaneous Record Maps, described as fol- lows: BEGINNING at the northwesterly terminus of that certain course identified as having a bearing and distance of North 64°13'00" West 305.00 feet in the northeasterly line of Parcel 2 as shown on a map recorded in Book 5, Page 19, of Parcel Maps, records of said Orange County, California, said point being the beginning of a tangent curve, concave southerly having a radius of 60.00 feet; thence westerly 52.45 feet along said boundary line and curve through a central angle of 50°05'08"; thence leaving said boundary line and curve North 5017'00" East 42.39 feet; thence South Page 2 of 3 Pages $q-21�034 84*43100" East 71.00 feet; thence South 5017000" West 23.00 feet; thence South 84043100" East 136.00 feet; thence South 5017100" West 50.00 feet; thence South 84043100" East 65.00 feet; thence South 5017100" West 48.13 feet to said north- easterly line of Parcel 2; thence along said northeasterly line North 64013'00" West 236.33 feet to the POINT OF BEGIN- NING. CONTAINING: 0.267 acres, more or less. Page 3 of 3 Pages $4-214034 EXHIBIT "B" NOTICES OF ADDITION OF TERRITORY The Notices of Addition of Territory shall mean and refer to the following: 1. Notice of Addition of Territory recorded on May 28, 1964, in Book 7063, Pages 628 et sea., of the Official Records of Orange County; 2. Notice of Addition of Territory recorded on October 8, 1964, in Book 7251, Pages 699 et seq., of the Official Records of Orange County; 3. Notice of Addition of Territory recorded on December 3, 1964, in Book 7329, Pages 747 et seq., of the Official Records of Orange County; 4. Notice of Addition of Territory recorded on December 4, 1964, in Book 7332, Pages 138 et seq., of the Official Records of Orange County; 5. Notice of Addition of Territory recorded on December 19, 1966, in Book 8130, Pages 684 et seq., of the Official Records of Orange County; 6. Notice of Addition of Territory recorded on March 1, 1967, in Book 8187, Pages 132 et sue., of the Official Records of Orange County; and 7. Notice of Addition of Territory recorded on July 19, 1968, in Book 8664, Pages 743 et seq., of the Official Records of Orange County; Page 1 of 1 Page 8�-214034 EXHIBIT "C" COMMON AREA PARCELS The Common Area Parcels shall mean and refer to those certain parcels of real property located in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: Lot 126 of Tract 5435 as shown on a Map record- ed in Book 200, Pages 17 through 21, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 126 on the Newport Beach Lot Line Adjustment No. 83-13 recorded with the County Recorder concurrently herewith; Lot 14 of Tract 5463 as shown on a Map recorded in Book 195, Pages 41 through 44, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 14 on the Newport Beach Lot Line Adjustment No. 83-11 recorded with the County Recorder concurrently herewith; Lot 54 of Tract 5480 as shown on a Map recorded in Book 196, Pages 35 through 37, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 54 on the Newport Beach Lot Line Adjustment No. 83-14 recorded with the County Recorder concurrently herewith; Lot 70 of Tract 5692 as shown on a Map recorded in Book 206, Pages 24 through 26, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 70 on the Newport Beach Lot Line Adjustment No. 83-15 recorded with the County Recorder concurrently herewith; Lot 76 of Tract 5740 as shown on a Map recorded in Book 207, Pages 41 through 44, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 76 on the Newport Beach Lot Line Adjustment No. 83-4 re- corded with the County Recorder concurrently herewith; Page 1 of 3 Pages 84-214034 Lot 43 of Tract 5741 as shown on a Map recorded in Book 207, Pages 45 through 47, inclusive, of the Miscellaneous Maps of Orange County," as adjusted and redescribed as Parcel 43 on the Newport Beach Lot Line Adjustment No. 83-9 re- corded with the County Recorder concurrently herewith; That portion of Lot 96 of Tract 5877 as shown on a Map recorded in Book 218, Pages 10 through 13,_ inclusive, of the Miscellaneous Maps of Orange County, not included within Tract 6227 as shown on a Map recorded in Book 227, Pages 41 to 43, inclusive, of Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 96 on the Newport Beach Lot Line Adjustment No. 83=5 recorded with the County Recorder concurrently herewith; Lot 90 of Tract 5878 as shown on a Map recorded in Book 229, Pages 35 through 40, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 90 on the Newport Beach Lot Line Adjustment No. 83-8 re- corded with the County Recorder concurrently herewith; Lot 54 of Tract 6227 as shown on a Map recorded in Book 227, Pages 41 through 43, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 54 on the Newport Beach Lot Line Adjustment No. 83-6 re- corded with the County Recorder concurrently herewith; Lot 82 of Tract 6230 as shown on a Map recorded in Book 245, Pages 10 through 13, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 82 on the Newport Beach Lot Line Adjustment No. 83-3 re- corded with the County Recorder concurrently herewith; Lot 106 of Tract 5798 as shown on a Map record- ed in Book 212, Pages 32 through 36, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcel 106 on the Newport Beach Lot Line Adjustment No. 83-12 recorded with the County Recorder concurrently herewith; -and- Page 2 of 3 Pages 84-214434 That portion of Block 52 of Irvine Subdivision as shown on a Map recorded in Book 11 Page 88, of Miscellaneous Record Maps, described as fol- lows: BEGINNING at the northwesterly terminus of that certain course identified as having a bearing and distance of North 64013100" West 305.00 feet in the northeasterly line of Parcel 2 as shown on a map recorded in Book 5, Page 19, of Parcel Maps, records of said Orange County, California, said point being the beginning of a tangent curve, concave southerly having a radius of 60.00 feet; thence westerly 52.45 feet along said boundary line and curve through a central angle of 50005108"; thence leaving said boundary line and curve North 5017100" East 42.39 feet; thence South 84*43100" East 71.00 feet; thence South 5017100" West 23.00 feet; thence South 84043100" East 136.00 feet; thence South 5017100" West 50.00 feet; thence South 84043100" East 65.00 feet; thence South 5017100" West 48.13 feet to said north- easterly line of Parcel 2; thence along said northeasterly line North 64013100" West 236.33 feet to the POINT OF BEGIN- NING. CONTAINING: 0.267 acres, more or less. Page 3 of 3 Pages &4-214034 EXHIBIT "D" SIDENTIAL PARCELS The Residential Parcels shall mean and refer to those certain parcels of real property located in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: Lots 1 through 124, inclusive, and garage Lots 19G through 24G, inclusive, 30G, 34G, 42G, 50G through 56G, inclusive, 58G, 65G through 70G, inclusive, 72G, 76G, 78G, 80G through 85G, in- clusive, 90G and 95G through 100G, inclusive, of Tract 5435 as shown on a Map recorded in Book 200, Pages 17 through 21, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed as Parcels 1 through 124, inclusive, and garage Parcels 19G through 24G, inclusive, 30G, 34G, 42G, 50G through 56G, inclusive, 58G, 65G through 70G, inclusive, 72G, 76G, 78G, 80G through 85G, inclusive, 90G and 95G through 100G, inclusive, on the Newport Beach Lot Line Adjustment No. 83-13 recorded with the County Recorder concurrently herewith; Lots 1 through 13, inclusive, and garage Lots 7G and 11G of Tract 5463 as shown on a Map re- corded in Book 195, Pages 41 through 44, inclu- sive, of the Miscellaneous Maps of Orange Coun- ty, as adjusted and redescribed as Parcels 1 through 13, inclusive, and garage Parcels 7G and 11G on the Newport Beach Lot Line Adjust- ment No. 83-11 recorded with the County Record- er concurrently herewith; Lots 1 through 53, inclusive, and garage Lots 1G, 4G through 9G, inclusive, 12G, 15G and 18G through 23G, inclusive, of Tract 5480 as shown on a Map recorded in Book 196, Pages 35 through 37, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and redescribed .as Parcels 1 through 53, inclusive, and garage Parcels 1G, 4G through 9G, inclusive, 12G, 15G and 18G through 23G, inclusive, on the Newport Beach Lot Line Adjustment No. 83-14 recorded with the County Recorder concurrently herewith; Lots 1 through 69, inclusive, and garage Lots Page 1 of 3 Pages 42G through 49G, inclusive, of Tract 5692 as shown on a Map recorded in Book 206, Pages 24 through 260. inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 69, inclusive, and garage Parcels 42G through 49G, inclusive, on the Newport Beach Lot Line Adjustment No. 83-15 recorded with the County Recorder concurrently herewith; Lots 1 through 75, inclusive, of Tract 5740 as shown on a Map recorded in Book 207, Pages 41 through 44, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 75, inclusive, on the Newport Beach Lot Line Adjustment No. 83-4 recorded with the County Recorder concurrently herewith; Lots 1 through 42, inclusive, of Tract 5741 as shown on a Map recorded in Book 207, Pages 45 through 47, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 42, inclusive, on the Newport Beach Lot Line Adjustment No. 83-9 recorded with the County Recorder concurrently herewith; Lots 1 through 49, inclusive., and garage Lots 23G through 28G, inclusive, 34G through 39G, inclusive, and 46G through 49G, inclusive, of Tract 5877 as shown on a Map recorded in Book 218, Pages 10 through 13, inclusive, of the Miscellaneous Maps of Orange County, as adjust- ed and redescribed as Parcels 1 through 49, inclusive, and garage Parcels 23G through 28G, inclusive, 34G through 39G, inclusive, and 46G through 49G, inclusive, on the Newport Beach Lot Line Adjustment No. 83-5 recorded with the County Recorder concurrently herewith; Lots 1 through 88, inclusive, of Tract 5878 as shown on a Map recorded in Book 229, Pages 35 through 40, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 88, inclusive, on the Newport Beach Lot Line Adjustment No. 83-8 recorded with the County Recorder concurrently herewith; Lots 1 through 53, inclusive, of Tract 6227 as shown on a Map recorded in Book 227, Pages 41 f Page 2 of 3 Pages through 43, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 53, inclusive; on the Newport Beach Lot Line Adjustment No. 83-6 recorded with the County Recorder concurrently herewith; -and- Lots 1 through 81, inclusive, of Tract 6230 as shown on a Map recorded in Book 245, Pages 10 through 13, inclusive, of the Miscellaneous Maps of Orange County, as adjusted and rede- scribed as Parcels 1 through 81, inclusive, on the Newport Beach Lot Line Adjustment No. 83-3 recorded with the County Recorder concurrently herewith. Page 3 of 3 Pages EXHIBIT "E" CITY PROPERTY The City Property shall mean and refer to that certain real property located in the City of Newport Beach, County of Orange, State of California, described as follows: That certain portion of Lot 14 of Tract 5463 designated as "Vista Bonita" within the blue - colored borderline as shown on the recorded Map of Tract 5463 and more particularly described in that certain Grant Deed recorded in Book 69351 Page 8, of the Official Records of Orange County; -and- All public service easements dedicated to and accepted by the City of Newport Beach pursuant to any of the Tract Maps referenced in Exhibit "A" attached to this Declaration, or otherwise of record with the County Recorder. Page 1 of 1 Page EXHIBIT "F" ANNEXATION PROPERTY The Annexation Property shall mean and refer to that certain real property located in the City of Newport Beach, County of Orange, State of California, more particularly de- scribed as follows: Lots 1 through 8, inclusive, of Tract 8681 as shown on a Map recorded in Book 447, Page 30, of Miscellaneous Maps of Orange County; -and- Lots 1 through 81 inclusive, of Tract 8682 as shown on a Map recorded in Book 447, Page 33, of Miscellaneous Maps of Orange County. Page 1 of 1 Page EXHIBIT "G" EASEMENTS EXHIBIT "H" "J" PLAN PARCELS AND TYPICAL CONFIGURATION The "J" Plan Parcels shall mean and refer to the fol- lowing Residential Parcels: Lots 51 through 56, inclusive, Lots 65 through 70, inclusive, and Lots 80 through 85, inclu- sive, of Tract 5435, as adjusted and rede- scribed as Parcels 51 through 56, inclusive, Parcels 65 through 70, inclusive, and Parcels 80 through 85, inclusive, on Newport Beach Lot Line Adjustment No. 83-13; -and- Lots 23 through 28, inclusive, and Lots 34 through 39, inclusive, of Tract 5877, as ad- justed and redescribed as Parcels 23 through 28, inclusive, and Parcels 34 through 39, in- clusive, on Newport Beach Lot Line Adjustment No. 83-5. The typical configuration of the "J" Plan Parcels is shown on page 2 of this Exhibit "H." Page 1 of 2 Pages O EXHIBIT "I" EASEMENT INSTRUMENTS AFFECTING "J" PLAN PARCELS The easements affecting certain "J" Plan Parcels shall mean and refer to the following "Easements(s) Appurtenant to Lease(s)" which are recorded in the official Records in the Office of the County Recorder for Orange County as indicated below: 1. Recorded on June 11, 1975, in Book 11427, Page 196 2. Recorded on September 30, 1977, in Book 12397, Page 1366 3. Recorded on November 3, 1972, in Book 10409, Page 985 4. Recorded on March 4, 1974, in Book 11087, Page 1911 5. Recorded on February 23, 1977, in Book 12079, Page 1211 6. Recorded on December 23, 1976, in Book 12006, Page 892 7. Recorded on June 24, 1974, in Book 11178, Page 246 8. Recorded on May 27, 1965, in Book 7536, Page 401 9. Recorded on August 20, 1975, in Book 11489, Page 932 Page 1 of 1 Page EXHIBIT "J" DOMINANT AND SERVIENT TENEMENTS The relationship between the "J" Plan Parcels as Dominant and/or Servient Tenements is as follows: Dominant Tenements Servient Tenements Parcel 51 NBLLA No. 83-13 Parcel 52 NBLLA No. 83-13 Parcel 52 NBLLA No. 83-13 Parcel 53 NBLLA No. 83-13 Parcel 56 NBLLA No. 83-13 Parcel 55 NBLLA No. 83-13 Parcel 55 NBLLA No. 83-13 Parcel 54 NBLLA No. 83-13 Parcel 65 NBLLA No. 83-13 Parcel 66 NBLLA No. 83-13 Parcel 66 NBLLA No. 83-13 Parcel 67 NBLLA No. 83-13 Parcel 70 NBLLA No. 83-13 Parcel 69 NBLLA No. 83-13 Parcel 69 NBLLA No. 83-13 Parcel 68 NBLLA No. 83-13 Parcel 80 NBLLA No. 83-13 Parcel 81 NBLLA No. 83-13 Parcel 81 NBLLA No. 83-13 Parcel 82 NBLLA No. 83-13 Parcel 85 NBLLA No. 83-13 Parcel 84 NBLLA No. 83-13 Parcel 84 NBLLA No. 83-13 Parcel 83 NBLLA No. 83-13 Parcel 23 NBLLA No. 83-5 Parcel 24 NBLLA No. 83-5 Parcel 28 NBLLA No. 83-5 Parcel 27 NBLLA No. 83-5 Parcel 34 NBLLA No. 83-5 Parcel 35 NBLLA No. 83-5 Parcel 39 NBLLA No. 83-5 Parcel 38 NBLLA No. 83-5 Parcel 24 NBLLA No. 83-5 Parcel 25 NBLLA No. 83-5 Parcel 27 NBLLA No. 83-5 Parcel 26 NBLLA No. 83-5 Parcel 35 NBLLA No. 83-5 Parcel 36 NBLLA No. 83-5 Parcel 38 NBLLA No. 83-5 Parcel 37 NBLLA No. 83-5 Page 1 of 1 Page LEGEND • 25 ' 4NDICATES PARCEL NO. PER LOT LINE .._ADJUSTMENT MAP NBLLA 83-5 ® INDICATES EXISTING BALCONY OVER EXISTING LIVING UNIT BE-LaW -. 4 29 no 4. 6�w6+ E X" fT --" Kit . - SHEET 1 OF 5 ri LEGEND 36 INDICATES PARCEL NO. PER LOT LINE ADJUSTMENT MAP NBLLA 83-5 777 INDICATES EXISTING BALCONY OVER EXISTING LIVING UNIT BELOW - Z 1 = 20- EXHIBIT "K" SHEET 2 OF 5 LEGEND 82 INDICATES PARCEL NO. PER LOT LINE ADJUSTMENT MAP NBLLA 83-13 ® INDICATES EXISTING BALCONY OVER EXISTING LIVING UNIT BELOW 17.0'± v? n'+ a •yv EXHIBIT "K" SHEET 3 OF 5 y LEGEND 67 INDICATES PARCEL NO. PER LOT LINE ADJUSTMENT MAP NBLLA 83-13 ® INDICATES EXISTING BALCONY OVER EXISTING LIVING UNIT BELOW EXHIBIT "K" SHEET 4 OF 5 LEGEND 53 INDICATES PARCEL NO. PER LOT LINE ADJUSTMENT MAP NBLLA 83-13 ® INDICATES EXISTING BALCONY OVER EXISTING LIVING UNIT BELOW m v a EXHIBIT "K" SHEET 5 OF 5 56 54 G 1 55 G 156 G i 17.0-± U RESTATED DECLARATION OF COVENANTS CONDITIONS AND AND RESERVATION OF EASEMENTS FOR THE BLUFFS A Residential Planned Development 1 AIL bLU 1 EXHIBIT . *G EASEMENT .MAP — v-7 !_JL"!VJ , r INDEX SHEET AND LEGEND OWNER'S NAME:' THE IRVINE COMPANY, A MICHIGAN CORPORATION INDEX TRACT NO. 6230 - 10 SHEETS, 1 THRU 10 TRACT NO. 5740 - 10 SHEETS, It THRU 20 TRACT NO. 5877 - 7 SHEETS, 21 THRU 27 TRACT NO. 622.7 - 7 SHEETS, 28 THRU 34 TRACT NO. 5692 - 10 • SHEETS, 35 THRU 44 TRACT NO. 5678 - 10 SHEETS; 45 THRU 54 TRACT NO. 5741 - 6 SHEETS, 55 THRU 60 TRACT NO. 5463 - 3 SHEETS, 61 THRU 63 TRACT NO. 5455 - 14 SHEETS, • 64 THRU 77 TRACT NO. 5480 - 7 SHEETS, 7B THRU e4- LEGEND _ — — — EXISTING LOT LINE PRIOR TO LOT LINE ADJUSTMENT REVISED LOT LINE PER LOT LINE ADJUSTMENT MAP __ -- EXISTING LINE OF PRIVATE STREET , EXISTING LINE OF PUBLIC UTILITY EASEMENT _ ^--EXISTING PATIO AREA EASEMENT - }--FUTURE PATIO AREA EASEMENT �ENCROAC14MFNT ONTO EXISTING PUBLIC UTILITY EASEMENT .. . EXISTING ENTRY AREA EASEMENT 1 I I I . • I i Homeowners Community Association Ted Loveder PCAM AMS CMCA General Manager (949) 7594200 tale (949) 759-6620 fax 2414 Vista Del Oro Newport Beach, CA 92660 .. I 84-214034 SHEET I OF 10 SHEETS EXHIBIT • 'G' EASEMENT MAP OWNERS NAMES THE IRYINE COMPANY. A MICHIGAN CORPORATION ' LOCATION MAP AND SHEET INDEX SCALES 1' 100• oRTION P ---- op O e -- -- K �4�yo i -- i----- 52 Q, -- ITYF S e I 4L�1-11 / U/v /UN• 1 Al. R. 1 It w WE- 2 6�3p� FTS 1 ENO. \�,_r/ \ ✓\\ 1 - 1 � 1 1 ' I ''/•h �'Tcr �t `I 1 i / 1,SHE' "o) `1 A✓ / Fi it I� 1 BASIS OF BEARINGS- _ orml.0° NOW 0 THIS w ARE YK[0 M THE C VERLM 0 'IVA CCL 0.. W W .1 13/ -a. Q. Y. M H-H. A.E , 10 - 10. mcoSo, 0E OHAALY CO.tlIT, CALIM91A. i;w1'tdt °"k"kK p,I N-mMH.HI 243 1 IQYIY1°LOI N.Ih U1iI11.tNEw°ROKWMI10- u30.MM . UTILITY UNLESS 01IIR,IK SHEET 1 OF 6A. TRACT NO.•6230� e4-214o34 SHEET 1 OF 10 SHEETS A, o G A P ,v 0 lb EXHIBIT 'Go EASEMENT MAP P IR O �NTIO M, F , F S 86 C VI S2 ION 82 PUBLIC UTILITY EASEMENT—_— (62) P 0 ALI 1 1 V r '1 1 O It1 — / 1 1 91 T % - \ (2) ` u RS` t.d. ..s 1 11^ a 11 \ ,te, l61 1 , lS •,-' ITT` ` - 1 1 1 ' SEE SHEET 2 \ \ OF 10 SHEETS 0 3 101520 40 60 GRAPHIC SCALE- 1'-20' SHEET 0 0P 54 u 04-214034 SHEET 2 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP 82 SEE SHEET 5 OF 10 SHEETS 0 I 81 L I•/'� M .78 79, 80 (80) (su 091 1 y --------- --� ��-..• �/•� tri I w W 2 ' N © V'IgTA - to PRIVATE Z t n / Jp. Q w N I I I 1 4 qo • (01 2 pl 82 — PIS f IIiI Tii EAIE� _�•� (B37 � I------------ T R A C T N- 0. 6 2 3 0 M. M'. 245 / 10 - 13 V I S T A D E L R A C T N 0. 5 M.M. 229 / 35 - 40 0 n 0 n P L A Y A 7 8 0 30. J 4.( O 0 3 10 13 20 40 w 0/OPHIC SCALE. 1'40• E I ' 'SHEET 2 Of 646 1 84-214034 SHEET 4 OF 10 SHEETS EXHIBIT EASEMENT &Gm wl m � o• 82 1 lb z \ \N•,• s /� 1 I 82 (821 I / I /•� 49 0 3 �• SEE SHEET 3 \ `6\� OF 10 SHEETS 0 5 10 I3 20 �0 60 CBAPIIIC SCKE• 1••20• 514EET 4 OF 54 84-214034 SHEET S OF 10 SHEETS EXHIBIT 'Gm EASEMENT MAP PORTION OF BLK• 52 IRVINE'S SUBDIVV ISION M.R.M. 88 1 BB - If Q)• 21 i 1211 0 1 r _-- 22 23 (22) (23) 1 I I I y F !!!�j 82 (02) \ / 24 1 I 1 1 I I i 1 / / y / /WS / C R A N E 0 0 101520 40 60 CRMIIO WXV I••20• SHEET 5 Or Q+ 84-214034_• SHEET 6 OF 10 SHEETS EXHIBIT •G• EASEMENT MAP 0 5 10 15 20 /0 50 GRAPHIC SCALE- V-20' SHEET G OP 84 SHEET 7 OF 10 SHEETS 84-z14o?4 EXHIBIT 'G`• EASEMENT MAP lbj11 \ ' ,,// ��i •-••1\ /'fib r i��J l� 8(82) CQ- / 1 • O I !n 1 u i I t i N W W .c •IZ`2 �IH I I O •--_- I rl �� � ro _ 1 ,6• 2• 1 li . Sd I n I I / I I I i C(0PRIVATR( I 1 E) 0 3 10 I3 20 40 60 GRAPHIC SCALE• 1'•20' SHEET 1 OF" 84-214034 SHEET S OF 10 SHEETS I �i w� rr • 1 \� G cv d 1 I � EXHIBIT EASEMENT 'G' MAP SEE SHEET 7 OF 10 SHEETS T R A C T N 0. 6 2 3 0 M.M. 245 / 10 — 13 11 82) O 11 1 56 156� '1 l / O V I EE SHEET 10 OF 10 SHEETS i I 0 ` �0 0 0 101520 40 00 CflAPH10 S '. 1`-211' SNFET 8 or 84 84-214034 SHEET 9 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP PORTION OF BLK' 52 IRVINE' S SUBDI VI 8IION M•R•M' 1y ! 95htl I I ►' I I i-------f-1 1 =i 43 44 {" (421 1401 (441 1 I h) W t'll (40) 1 1 U I I 1821 / II ,ice/ C R A N z N \ O o LL W Ci w ,% 15i1 1{ W V ia' �O 591 / 16 / 1591 / si �l6lt 82 1871 I SEE SHEET 8 OF 10 SHEETS I 0 S 10 I S 20 40 60 CflAP11IC SCkE� 1'•20' $HE67 9 0r 8.6. 64-214034 SHEET 10 OF 10 SHEETS V. EXHIBIT EASEMENT 52 f FpRj 1p S SBo` � 8g pN ljtl M R.M• MAP t9 1 \ 1 o N \ / 411 w O h 4'- � C O \ ry \ In \ Q (D \ 4 \ \ SEE SHEET 8 OF 10 SHEETS \ ti\ (82) 82 4u Q I 0 b 10 10 20 10 60 W.P810 SCALE, 1--P 84-2140' SHEET 1 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP OWNER'S NAME[ THE IRVINE COMPANY. A MICHIGAN-CORPORATION LOCATION MAP AND SHEET INDEX SCALE! 1n a 100' -------------------- plq 1 % No I / I E 41% /O _ li, i ' T II------- 1 __ ��_---1-- -� - L1� _� TI 1 Ir^__---_-__^-^� I N C 1 s 11 r \ II II I N 1 j ; � /! I; ` I I n 1 4 ACT I �-r ro EE I ;; 1 1 7'r 1'. t9T In / ----- i s I; I , It TETI a a BEET I1 _ - L.IE S , . . I , I "ll'�1 6 / - I Z I I I 1 ^Y-^ ' 1 1 1 I U 1 1 I I I I I ¢ -^ I f- �____________ �____________________I TRACT NO. 5692 M.M. 206 / 24 - 26 BASIS OF BEARINGS, RMIb[ "NN tM ixil IT NI MC SMCO TO IK ept[xLIX[ 01 x.11_]SIl/�11 - N. KGOIm! Cr]MNKxWMff!MCIl11WKINO A0i [MIIWI'LOT ?,S M KWM0.I51U. ll• t]OS)M]llxlx0; Of LINES. ITKI 1)1 'l011/LSI).Gx[Q[ !q IlbxI Oxtr[Irtxri It TAMSIY[i SHEET it OP 84 TRACT NO. 5740 84-214034 SHEET- 2 OF 10• SHEETS �E 30' EXHIBIT 'G' EASEMENT MAP SEE SHEET 6 OF 10 SHEETS \ I \�� � r \ r i STA \ �IV�TF) F Z O R :b a LTY EASEtElIL .— — — —. — •-- — N� _ 47 R P C „.H• ZOT 0 s 10IS 20 40 60 CAMHIC SC/�LE� 1'•20' i 9H6t'r 1201'64 84-214034 SHEET 3 OF 10 SHEETS 9 � fYl 10 am EXHIBIT'G' EASEMENT MAP eF 1 / / / / 1 I I 1 � 1 � 0 ' J 1 fl 1 1 W cc S I a a lu, !„o• i 16' '16'I U�1 LlT — 76 net SEE SHEET 4 i , / / / 0 SyFF%S / / 0 S fO1520 40 W CbPHIC anus- 1'-W SWEET 15 e4-214G34 SHEET 4 OF 10 SHEETS EXHIBIT 'G' �422� EASEMENT MAP SEE SHEET S / a a / Ts� / r / AP\ o \ 1 i 1 1 1 76 (75) R A M. M C T N 0- 2 0 7 / 4 1 OF 10 SHEETS / / \N \h ;7 � so 5 7 4 0 T R A C T N 0. 5 7 4 1 H.H. 207 / 45 - 47 - 4 4 0 S 10 15 20 40 60 CRMMIC SCALES i'•20' SHEET $4 OF 84 61' -2140;34 SHEET 5 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP SEE SHEET 6 l I hI __ s . I a •i• I I 1 1 1tl I I 66 I JI I 1 1 usi .^I f60) LL I I I I S��r i OF 10 SHEETS W F- 1 j � 1 1 1 , 57 1� Is)) 14 1 l aw,l iioo�A I �i S6 I I$ 1 --- 1 � I N I I W W 144 I o I LL I SS I m II331 I I^ H 1 I W N F I T R A C T N 0. 5 7 4 M• M. 2 0 7 / 4 1 - 4 4 T R A C T N 0. 5 6 9 2 K.K. 206 / 24 - 26 0 R A PRIVATE ) -----— 76 f761 C N H W W S N O 0 7 101520 40 60 CRAPIIIC SCALE. 1'•20• $MEET 1b OP 84 84-21403,r SHEET 6 OF 10 SHEETS EXHIBIT •G' EASEMENT MAP fs T 4 N O C W C w N N , O I O p• W ' N ' , U ai 63 LU 64 164) 7F%J 00 1 r n�• I 2 , � �°vim I14' 14i w I I N 1 76 (761 i OF 10 SHEETS SEE SHEET 5 I 0 6 10 t $ 20 40 60 nszoiiiiia CI HIC SCALE- 1`20' SHEET IG OF B4 n 64-214034 ' m SHEET 7 OF 10 SHEETS EXHIBIT -G• EASEMENT MAP I SEE SHEET 9 OF 10 SHEETS I I I �77 I I I I H I ' N c �I��n• F 0 R T U R A N PRIVATE � n I Iv .. I I m I w I I N n i� �• Q. I _ 1 � � I , Ja• � I I� o B= 1 I a 1 N .- 18 3' i 16' t 6' I "'• 1 ��,Y I � I it _ I I in I • _. I i � I Jam, N I CY 'N I 1 I, I Zo I I, I ,<�•I � N I I 9S s" 1—L N ~ i� < 76 I vm I^ I Ia I I I I I SEE SHEET S I I I OF 10 SHEETS I I 0 3 IO IS tO 40 60 OflNNIC LCALE• I'•30' SHE>:T 17 or BL 0 stoat • or to sccts r EXHIBIT ' EASEMENT MAP r a a talon 44 84-214034 EXHIBIT EASEMENT T R A C T N 0. 5 9 7 8 M.M. 245 / 10 — 13 SHEET 9 OF 10 SHEETS 76 tie) 1 ( I 1 0 I W J 1 I U. O o � � I m a I I6' I N G* MAP T R A C T N 0. 5 7 4 M. M. 2 0 7 / 4 1 — 4 4 ( 30 (301 SEE SHEET 7 OF 10 SHEETS �`_�.rr FASE EST I 0 e 101520 40 60 GUIIHIO WO L- 1'�20• suae'r 1j or 84 84-214034 SHEET 10 'OF 10 SHEETS EXHIBIT EASEMENT V I S T A D E L / 1160 16.1 CC y % 13 f a a / lq1 /+t 3om i 'G' MAP . I 41 uu I IeM I 14 I O QO rt "I- �r IR I A SEE SHEET 9 OF 10 SHEETS 39 fJ91 � 1 1 IV i 14 o_ o r6 0 3 1O 15 II0 40 10 cx�rxlc srx � 1•-xo SWEET 200F84 64-214034 SHEET I OF P SHEETS EXHIBIT • G' EASEMENT MAP OWNER'S NAME[ THE IRVINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALE[ 1' 100' 00 O 0 E� I V %S I I I > I O I I • I I O • I I J I I I N I 2 1 S E y h CV/ N I z 4 ry/i (o In Ir Q r / 4 NI r 1I \♦ L Z INN / t� I /` [>✓ Nd 00m V \ I /0 ° IJ a s ¢z \ T '�F\O�\F.`J7 � I I 0 I a i j I ET °oRAS I i I I I 0 T i g 6 N 0. 5 g`� ---- -----� =---1. -- -- - --- P A R. gl6 0�29 I ---------------------1 P A9 P O R T I O N B L O C K 5 6 5 I R V I N E' S S U B D I V I S I O N M. M. 1 / 8 8 BASIS OF BEARINGS• KMIMtt ERM N '""AM 1µMEN II[ 1EII[tIM[ . VISTA EST - I To NM21t/0-331[CRF MNC[ CKS11.C&IFNIIN1.11i [iC1f11L0i M�ClfliliMeiMu�1["i{>Mn tl I'm/I tICII-Y11to1 TIMES. MLIC GIILIIT 1d1111111[ M[ 1[calm AT. a t.1 1G. Rtn. M.M. RU / IR - O. RM E" AMRIIf! IIEE[1C[ HTRIVE. 4uFET 21 Olm 84 TRACT NO. 5877 r 84-214034 SHEET 2 OF 7 SHEETS .0 \. , 10 \ SEE SHEET J OF 7 SHEETS EXHIBIT "G" EASEMENT MAP i eA -y \ O L -yO 30 t 011n a. l / JP ti R A C T N 0. 6 2 2 7 H.H. 227 41 - 47 0 S 101520 /0 30 aiiiia GRAPHIC SCALE, 1"20' SHEET 22 OF 84 r ' ' 84-214034 SHEET 3 OF 7 SHEETS EXHIBIT •G• ' EASEMENT MAP SEE SHEET 2 OF 7 SHEETS . I I I I I 1 I I I 1 \ I I i I I 4 I I I 1 u I 00 r 9 1 M ri t3, ' a 10 l I I 1 Z� I i I I 1 (• IA F- N I (� 0 W 1 co Z N r I i fi•�� I 12 N L rl n .r • ¢ u i p^' 1 9RY 13 � � I I 96 913, '�i tsm `L� I /— F•— I I eon i I` tiol4 14 L114) it I wm it 1 h I p 111 15 1 I 1 I I SEE SHEET 4 OF 7 SHEETS � • 0 5 10 13 20 40 60 GRAPHIC SCN.E. 1'•YO• SHEET21! OF 64 A 84-214034` SHEET 4 OF 7 SHEETS EXHIBIT "G" EASEMENT MAP N I O SEE SHEET 3 OF 7 SHEETS Nto I a a Q, I H7 Lr) M I u I 1 I Z lie) I O I W t� z l ) $ I m Q C\I I O � • O _q.J• I Ly (V He Q f M Z 7 6L I fO c JI W �I _ ie I f17) �_�__� 1 • V N I Ir Z N t > e' 1 N a 1 16' 16' U aaae• rd 1 '_ 96 ` \9 \ (95)i I\e,\ Al ' \ y9• \ V S M SG oc 1A \\ O 7d • \ 88 roN \ SEE SHEET 5 OF 7 SHEETS 0 5 lot52o 40 SC GRAPHIC SCALE. V 220• SHEET ?A Or 64 84-214034 SHEET S OF 7 SHEETS EXHIBIT EASEMENT ' G`. SEE SHEET 4 OF 7 SHEETS TRACT NO. 5877 M.M. 218 / 10 - 13 7W 0 P f- _ U = I/1u zoo tea✓ / m / ,t�, fu PORTION BLOCK 56 IRVINE'S SUBDIVSION M.R.M. i / 88 \ J 0 a 1013 20 40 so CIUPHIC SCALE' V-20- SMUT 26 or 84 '84-214OJ4 SHEET 6 OF 7 SHEETS EXHIBIT 'C7' EASEMENT MAP ti N N (D FA SEE SHEET 7 OF 7 SHEETS I \ \ / 96 \ \ e / 19m a / 390 1J9m CO39 38 37 Id 1 36G (791 (J91 I37)6� h/ / I (J9m 1„ f I I 370 __-- -- —— ———T ro A I 36G 1 ..m• 1 1 35G 1 asm 34 35 36 r•• \ rou cam IJm ' w Y 340 vo r •ao• � 7 0, J \ 1 \6 \ ; 1 f, -• 1 1 1 1 (33) 1 I ' � 1 —, 3 � (32 f e I I 3I _ \ f311 1 I �J• I / `\ Ur747I `\ e^SF \ SEE SHEET 6 OF 7 SHEETS 00 M Lo _ 29•' o m � 1 C \ 11 Zoo 1 N 11 UE I ¢� I I� I I I I I o (o� to cn 00 CO I moo\ CO I m ccnn o I _"' I -z(if C) I 0 3 101190 40 00 =7 9cue• 1•-90• SNGET 260T 84 84-214034 SHEET 7 OF 7 SHEETS EXHIBIT 'G' EASEMENT MAP • o0M1N00 C 0 RIv ` M N N N I to o•rn zrn 45 44 IM \ 1 1� 41 i (41) 1 40 1401 „___--- 1 I SEE SHEET 6 OF 7 SHEETS a S 101520 40 60 GRAPHIC SCALE. 7•80' SHEET V 64-214034 SHEET I GF 7 SHEETS EXHIBIT SIGN EASEMENT MAP OWNER'S NAME• THE IRYINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALES I' 100' 0 l o v �S a CORONA DEL MAR HIGH SCHOOL R.S. 54 / 15 Eb bTV ..ter• --% o- l`„1 �" '~, / 5 0 36 , ED „ , -- ` Tf 6CT"N6. 5877 M.Mr218 / 10-13 4 BASIS OF BEARINGS, SWIM m. a iHIC MN ML �AHL 011 tK CpIOMIHL Cf M IOTA DHV[ t,10W At t Of• TO. 00• V. pl IMACt A0. 9021. F.M. ]OT / AI - It. 11[COMW W OI K C Tl. CALUMIA. µ[VTT1OTiL4RINI .0 2AO'O IMTLOi LINES. LO1.M TRACT O MNLIC LIMIT WOiENT3 M ATCMO At N ON TRACT I10. Mr. M.M. U? / AI - 41. l4W MOTKH HOWJC[ 10 OIY[Y. s11Eer xe Gr e. TRACT NO. 6227 84-214034 SHEET 2 OF T SHEETS EXHIBIT 'G' EASEMENT MAP C 0 R 0 N A D E L M A R H I G H S C H O O L R. S. 5 4 / 1 5 J 1 0 M o -- 0 u 6 .la 5 54 l5) (54) - - - I —io _._.___.__--- — S A N / O ( PRIVATE ) B R !) N N I I I I I I I I 39 54 36 38 (391 (54) 06) 37 lvl ae) Q- I � d 2 ran• � T' R A C T N 0. 6 2 2 7 / M.M. 227 / 41 - 43 / SEE SHEET S OF 7 SHEETS / 00 N i E ti 00 0 5 101320 40 00 GRAPHIC SMATER 1'•20' SWEET 29 G 84 84-214034 1 SHEET 3 OF 7 SHEETS EXHIBIT 'G' EASEMENT MAP C O H I G H S C H O O L R O N A D E L M A R 6227. M.M. 227 / 41 - 45 • R. S. 5 4 / 1 5 0 - - - b to 0 M A R V I S T A D R I V E 54 154T 12 c 9 .o.>• 10 8 m ox1 Cl 1 ❑61 (61 161 v1 w s N \ - . r _ pEElEHTT ILITT - N M. t. PRIVATE ` --------------'----- 1 I I W N I 1 1 1 i 1 1 I `------- • -- 35 32 34 ws 3x1 33 3O 331 r ' �fl • �I •L� ,i ob''• J 8r d!i• v 54 150 v J . R A C T N 0. 6 2 2 7 M. M. 2 2 7 / 4 1- 4 5 SEE SHEET 7 OF 7 SHEETS 0 5 101520 40 60 GRAPHIC SCALE' 1••20' 84-214034 SHEET 4 OF 7 SHEETS EXHIBIT 'Go EASEMENT MAP C 0 R 0 N A D E L M A R H I G H S C H O O L R. S. 5 4 / 1 5 M A R V I S T A D R I V E 54 04) o a h IB nal 15 14 13 11J1 1111 c (1Jl \--TC �TILITZIT Y . EASEt£NT / fO PUBLIC U_�__ •{ $ A H o � 6 A R R A R C A ( p w — BRUN w PRIVATE 1 I 1 I 29 I I r 30 l391 1301 T R A C T N 0 2 7 M. M. 2 2 7/ 4 1- 4 3 SEE SHEET 7 OF 7 SHEETS a a 101520 40 a0 pUP11IC SCaLE� I••20• 9HEET 51 OF 84 84-21403�. n SHEET S OF 7 SHEET: EXHIBIT -G& EASEMENT MAP C O R O N A D E L M A R � H I G H S C H O O L R. S. 5 4 / 1 5 M A R V I S T A D R I V E n • o , 1 is 22 tz,, io 201 I1Is nel 17 (221 (04) 23 1 24 t2J1 .. ----- ----- '4) ARRANCA c1 ( PRIVATE ) — ------- i 1 \ 1 \ 1 \ \6 \ 9 25 (23) \ O \ f \ T � 9 29 26 27 12e) 1251 1271 r 7' ---- 54) T R A C T N 0. 6 2 2 7 M. M. 2 2 7/ 4 1- 4 3 SEE SHEET 7 OF 7 SHEETS 0 5 101520 40 60 GRAPHIC SCALE- 1'•20' SHEET 12 Of 84 84-214034 9"UT 0 of I 510T1 EXHIBIT Ow EASEMENT MAP T R A C T 54 1341 SEE SHEET 2 OF 7 SHEETS N 0. 6 2 2 7 M. M. 2 2 7/ 4 1— 4 5 O/ m/ ��— 5 A J A ' n f PRIVATE----------------- ) 54 1541 / M O 00 N ti I` 03 N O Z i U Q tY 0 5 t01720 40 GO GRAPHIC SCALE- I'•20' SHEET 35 or 84 84-214034 SHEET 7 OF 7 SHEETS EXHIBIT 'G' EASEMENT MAP SEE SHEET 4 OF 7 SHEETS T R A C TI . N 0. 6 2 2 7 M. M. 2 2 7/ 4 1- 4 5 I---- - - - - I� 45 44 46 (45) as — U61 54 43 (54) um 1 � i 1 1 1 \ 1 \\—B4j4 PRIVATE -- _ AiE I � !j rf�J 54 (54) 0 5 lolsso +o eo GFUWHIO SCN.E� 1••t0' e J SHEET 34 01' S4 84-214034 SHEET 1' OF 10 SHEETS EXHIBIT NG' EASEMENT MAP OWNER'S NAME/ THE IRYINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALE* 1= 100' a TRACT NO. 5740 M.M. 207 / 41 - 44 ( n I N M r--——————— — — — — —i r--I-----------'-------^ 1 I I I i \ N -----------------1^ N E T , E I SH 8 1 I P �''--• ET �• I r. SHE m N � T I o IT - - r, ,tea I ' SHEET \ L1 —S T$ OF I HEETS 1 / / . OF EE z I I --L - \ U I 1� I` .I I• I _- - - - - - - - - - ---I GoQ\ 5 ,G\ 1 1 5 t I i fig\. 9A ---- - ------' oR TRACT NO. 5877 M.M. 218 / 10 - 13 ` BASIS OF BEARINGS- "IN1/ slow 0 THIN IO.f ME I4140 0 TK MMKINE Of IOTA M OM SH04 M * IN II• IF' E. ON fRMT 10. II1I. X.M. IN / 21 - II. I10MIO2 Of tlIMK O 17. CKIFNNII.. KL.MIISINAL LOT LIRE* ME SIMQ MILES TO "ININI LOT LINES. OWT LOT TO. IEN TNMT N. all. M.M. IW / II - It. KKIN UTILITY EJAMENIf AIL NEOCIIO Al M104N ON ?NMI M. f010. ' M.M. IOI / 14 . E1. UNLENN MOINEN Autw E IN MIEN. ONOET °!O OF 61- TRACT NO. 5692 84-214034 SHEET 2 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP SEE SHEET 4 OF 10 SHEETS SEE SHEET 6 OF 10 SHEETS N M 10 J_ ^ ca N i Lo =1 z 1 62 63 64 65 Z 10 \ \ i N n \ \ N 70 \ \ r,off'\ CFO) 14, ee W � lei r 0 LA o, l�N Mp,Fi N,e 0 5 101320 40 60 CRAPNIC 6CKE. 1'•20' "Or 64 84-214�034 SHEET 3 OF 10 SHEETS z 001 EXHIBIT EASEMENT SEE SHEET 4 OF 10 SHEETS 'Gm MAP 1 G%\ SO4p\- N1 E� S. `e 0 a 0 5 t0, 10 60 CIVJNIC LCN.E. 1••20' e viemT 0701` ft� 04-214034' SHEET 4 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP 5 4 8 0 70 —zz f====-- Ng" \ �6°i !9. N W N O T \ _ / rO / � e ro N V y \ \♦ sO 'QO/ I W N \ '4s� ♦♦ ♦ \ `♦ I A a \ IrpO N ` / SEE SHEET 10 OF 10 SHEETS 0 0 101520 40 s0 offiC SCALE. 1•-20• 5L1CCT M 64-2I4034 SHEET S OF 10 SHEETS EXHIBIT ,G, EASEMENT MAP 5 4 N 0'S , •yT Ci j �g6 1 3 2 j 5�'26 � M• NI• 70 vol A � y 'r. / 2 r l 2 \ S6 \ \ SEE SHEET S OF 10 SHEETS f2�2 —Zz—p===� 0 3 101020 /0 6o GINIIIC SCALE• 1•.¢0- I 5ueer S9 orl or84 1 SHEET S OF .10 SIIEETS f4-214C34 EXHIBI T 'G' EASEMENT MA!' T R A C T N 0. 5 7 4 0 H.M. 20? / 41 - /4 PUBLIC Ur ILIrr EASEMENT T R-• A C T N 0. 5 6 g 2 8 25 12e1 itDl 1 27 h F 12q Iltl I (JO) a`i ff h I� I � " •� f7f, / ! .IJ/ 7 I 119 IMSKY 4 OF 10 111I96TQ SEE SIIEEi 10 OF 10 SHEETS 0 S 101e 20 AO \d0 CPA%1lC DCAIE1-1 '•70' y 54-214034 SHEET 7 OF 10 SHEETS EXHIBIT `G' EASEMENT MAP T R A C T N 0. 5 7 4 0 H.H. 207 / 41 - 44 PUBLIC UTILITY EASEMENT 70 Val NN 1 _— — 34 l7U H �' o t77I O 4 ~ a 1� � '1 N 1\ // spa \I 1 / To \ / G.` Zo6 SEE SHEET TO OF 10 SHEETS \\ \ �• SEE SHEET 9 OF 10 SHEETS 0 S 101520 +0 110 GRAPHIC SCALE• 1"30' 01• 64-214034 SHEET B OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP T R A C T N 0. 5 7 4 0 M.M. 207 / 41 - 44 PUBLIC UTILITY EASEMENT k/ A V E N L 0 R IENZ0 / t L W_ y W / � / 7 2 4 s 6' 9 2 � s SEE SHEET 9 OF 10 SHEETS 70 (T01 C) Q f- 0 5 lolS21 40 so CAAPNIC SCALE. 1'•20• 64-214031 SHEET 9 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP SEE SHEET 10 OF 10 SHEETS 9 / =%1 S 6 <Io / / 10 1 PR1V^S�, n(42) 70oOL y I I 1 q 00� W 43G 426 I I I 4^ H (4301 1420) I I 1 43 iq w 143) II ser• y 30- 45G 44G I t u40) • usm 44 (44) li I ::oo• • p: IW I 1 45 I I O 49G 48G 47G 46G ]1�-:I i (43) (490) urel 44991 (489) ul / I c / I 11 47 1A61 , x _ 49 1m 1g r )) p91 1 m N a '���lY•lT �iI Jtf� 1Ww� T R A C T N 0. 5 7 9 8 H.M. 212 / 32 - 36 0 S 101520 40 90 5=0 SCALE- 1••2W a4-214034 SHEET 10 OF 10 SHEETS SEE SHEET 6 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP 1 SEE SHEET 7 OF 10 SHEETS \ \ 7 C19 ♦y i V fix i. ao / S"'o � G\. APR N `5 pEL s.5� Gp�G�P R 0 S IO 15 IO �0 60 G6MH10 SOALE\ 1'�20• r $4-214034 SHEET 1 OF 10 SHEETS EXHIBIT 'G' EASEMENT MAP OWNER'S NAME- THE IRYINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALE- I- - 100' 1 t _ 1 STREET •A• PAR. 90 1 NO• ' 8 L07 90 TRACT I _ 58T SNEET 1 ILr—T — 1 I , 1• 1 — i 1 • Z i I 1 1 Et 1� _ 1 1 1 1 TRACT NO. �878 i i LOT 89 1 �1 J I SH T ;NOT —A —PART` 1 r ---1-------;to ---- to 0 1 I I i H_ Tom,, SHE rl ` I I IS'I.I I N I I TRACT NO. 5878 LOJ 90 PAR• 9 1 --- TRACT NO. 5435 M.M. 200 / 17 — 21 BASIS OF BEARINGS- 11u1ua1 -law IM InI111II Arl IAIfD a /K mlmtlt OF ow M I'I.A11, / u u 40 GI�1C010/ Or ouw oAIy.I CILlfmlA. ALL dt111YAL WI LIIG ARE MINTAIKI/ ID ADJDIIGI LOT LG[L �GL�LWT LOTS 01. IY ADD /1 M GA01 W. 01/1. D.M. m 131 - 40. r„LK 171�I�L]f .Iu mUIIG'ImNIOf (A XAS 111101A V[IKYCL I� II G ROT W N711 514EET 45 OP 84 TRACT NO. 5878 84-214034 RHRRT a DP 10 dNRRTR EXHIBIT "3' EASEMENT MAID --===_}-zz- D� N, \ F DRo d Al � ¢ �� zY` cr) �14 I.... tea. O J IM I 1 00 - y h- - W N I w 1(7 1 = 1 3 0 zI 11) S !JI c T R A T `-N--d . 5 8 7 890 H M. M. 2 2 9/ 3 5- 4 0 (90) u 5 1 Isl g ICI 7 10 In 0 g um - _ l81 l91 1 - 1 I —d- VISTA � - ENTRADq PRIVATE) - SEE SHEET S OF 10 SHEETS SEE SHEET 4 OF 10 SHEETS 0 3 101320 40 CO ' CIIMIIC COKE. 1'•i0' SHEET44 01' 84 84-214034 , SHEET 7 OF 10 SHEETS EXHIBIT `Gm EASEMENT MAP I I I 1 I 1 � 1 �6� ,1 1- I w, r r I zz- VISTA DEL ORn 1 1 14 (r4) IS (1e) n r I o r 1 16 r r nm 1 r soo•.� O7 SEE SHEET 4 OF tO SHEETS 00 ti 00 Lo N T� F* E 0 3 101520 40 40 G tc SOALE- 1'-20' SNEFT470P 84-214C34 SHEET 4 OF 10 SHEETS v F- J co co In 0 z U H EXHIBIT "Go EASEMENT MAP crr euerr 90 990) T R A C T N 0. TRACT NO. 5435 OF 10 SHEETS I I I W Iy I ^ o V 5 8 7 8. M. M- 2 2 9/ 3 5- 4 0 M.M. 200 / 17 - 21 n 0 3 10 10 20 40 SO GRAPHIC SCALE. 1'-20' 48 0f 84 64-21404 SHEET S' OF 10 SHEETS EXHIBIT EASEMENT ' G' MAP i11 % SEE SHEET 6 I i OF 10 SHEETS 1 I I 1 1 I, 1� 13------ �90 I 37 f I I I Ian i I I I 36 Incn ci I Iasi b I 16:3 16•I � 1 I I � I < I I ; I O- (a I I M3;'I I I751 W I I I I I I� a — Z I 1 I O I • sso• , �- I— I h89 i 34 I — — —— I ` CC I_ Z I34l ' —— I w I I I a) I I rn r,,;;'°' 00 00 m I Iz Ni I 0 I w I Ill 33 I I I F C7co F o co - I 1 I a Lo I = I � I ,..o• I y m l 32 I o --- 31 I I 30 I I I ► I is I I I �i.H e. e°•� I I w 29 y I 1 1 Wy , 28 1 I W tl 1 l28) I to I - i 1 I I I I I w ' SEE SHEET 4 ; I I OF 10 SHEETS 0 3 10IS 21 e0 So GRAPHIC SCALE- 1••20' 911E6T A9 0P 84 84-214034 SHEET 6 OF 10 SHEETS E X H I B IT G" EASEMENT MAP T R A C T N 0. - 5 8 7 8 M. M. 2 2 9 / 3 5- 4 0// '' i / y 1 / Z4 N <C/ r\ Sao' �— ` 19 /A ij 0\ 901 o S 1111 401 $0 39 h IL �1 \1 SEE SHEET S OF 10 SHEETS 0 S I o 16 20 10 60 rAPHiO SCK& 1'M 'SHEET so or 64 64-214034 SHEET' 7 OF 10 SHEETS EXHIBIT EASEMENT 'G' MAP I I f I I , I SEE SHEET S OF 10 SHEETS / I I I I I I I I 1 ) I I i I I -.----- I 1- ---- w • I 52 N i� rm I I50 I pp I I I �I W O I^ y I 1 l 1n I lso (301 Z N I j 49 I (49) ---- I 7 N j I rt 1 I I i I. i C + I I I I I 1 I 1 I I I I 1 1 I I. I 1 try) 1 I 1 1 I 78 t79) OF to RHEt11 a s to m zo �a Ito ctvrxtc scue..t.,zo• SHEET 51 OF 84 .{ £4-214434 SHEET 8 OF TO SHEETS EXHIBIT 'G' EASEMENT MAP �ZZ- M VISTA DEL PLAYA // // •1 `,a CI d 90 is c 0 , Gem 7 I 59 'pplVAit ��• _--��I 1 11 1591 1, 00 I I i 58 •—____ IIII 1� 1 1 , 1sm 1 I I 00 0 � — I Lo 4h 57 Lo 1 71 ti I 1 Ap I FP 1 � N 156 tl I I 1 I � / 1 6 I 1i Jpi / 1 I � � ss •'� / I y I � / I s4 I 1 s„ z I `" I r x• I y � � ,,' � 16• •16•I s3 ; SEE SHEET 7� v IOF 10 SHEETS 0 S 101520 40 e0 CflAPHIC SCALE• 1.40• 52 01, 84 lw t4-214034 SHEET 9 OF 10 SHEETS- EXHIBIT EASEMENT KG& MAP SEE SHEET 8 OF 10 SHEETS lv SZ P DEL aR0 1 1 —1 1 63 1 (am i 1 I 1 1 00 no Q a- a- -1 W cm a H v1 30, 0 S 10 15 20 +0 60 GRAPHIC SCALE- V-20' SHEET 530P �- 64-214034 64-214034 SHEET 1 OF 0 SHEETS EXHIBIT 'G' EASEMENT MAP R OWNER'S NAMER THE IRYINE COMPANY. A MICHIGAN CORPORATION . LOCATION MAP AND SHEET INDEX . SCALER 1' - 100' TRACT NO. 6230 M.M. 245 / 10 — 13 TRACT NO. 5878 M.M. 229 / 35 — 40 v TRACT NO. 5463 I `,'TRACT NO. 5480 M.M. 195 / 41 - 44 i M.M. 196 / 35 — 37 BASIS OF BEARINGS, II t1.t,ROtt MO Y M1M MC Rfp011NINACItNO tllLA. N.1. 001 / .R .I.r. RE 4COML 0! MARK COUNtf. CALIIOI,R IA. ALL WI pT INAL LOT tIMR IREt BRIM? RIM? iarA 019190 LOT LU[L, n n tN? 1Liit- 4?. miu ww1NOOROG IK EACKII Is OSTLR yo. 7r41. 0 TRACT NO. 5740 I M.M. 207 / 41 — 44 SHEET 55 Of' 64 TRACT NO. 5741 54-214034 SHEET 2 OF 6 SHEETS EXHIBIT -G' EASEMENT MAP SEE SHEET 7 OF 6 SHEETS — (�lid ( 1 I � i ( In tm Irl •o t 1 � ( O z i o I el 1 i; N 431 y I S r A D E L 0 R 0 M - n O _ M 0 3 W IS M 40 60 CPMIIC SC�LE� 1"20' /I m SHETT 54 or 64 w E4-ZI4034 SHEET 3 Of 5 SHEETS EXHIBIT 'G' EASEMENT MAP • TR q • \ c T R"ao,/V 0. o 0, ` 4 • �s \. us, T t 0 ! 101520 40 so � [C SCALE. r-.=o- I SWEET 57 OP 54 ' SHEET 4 OF S SHEETS 64-214034 EXHIBIT EASEMENT MAP TR A C r h.h oo/N 0. \ I f/ ff 2p.` 110) \ w \ N \ \ r _ Q I-1 L Ln v O Z f. <3 um ~ N U SEE SHEET 6 OF 0 SHEETS S 4 0 al4YM10 =N - 1 •-l0' y SHEET 550.6k f 64-214034 SHEET 5 OF 5 SHEETS 0 EXHIBIT 'G' EASEMENT MAP SEE SHEET 6 OF 6 SHEETS 84-214034 SHEET 5 OF 6 SHEETS E X H I B I T *Gm. EASEMENT MAP SEE SHEET 5 OF 6 SHEETS 3o. 2Oby � e t! ao. 1 I f 1 y O ' 38 37 1 I F w H O f H -f 43 � � f (43) O � i f 1 f h co I it y 1 39 f � ` n sib_•''/ 40 / Po' y / / y 0/ / 1 -- 34 (34) \\--------------------- T/ I S T A D 0 R A 0 0 ._'--'-- ( PRIVATE ---- )---------- -- —..---- T R A 'C T. N 0. 5 7 4 1 M. M. 2 0 7 / 4 5 - 4.7 • SEE SHEET 2 OF 6 SHEETS 0 5 101520 40 60 C HJC SCALE. 1'•20• SHEET " OP 94 64-214034 SHEET 1 OF 3 SHEETS EXHIBIT 'Gm EASEMENT MAP OWNER'S NAMES THE IRVINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALES 1' = 100' TRACT NO. 5741 IIIIj M.M. 207 / 45 - 47 F I — — — — — — — — — — — — — — — — — — i 1 ' --------- I 1j TRACT NO. 5463 I E F i E i TRACT NO. 5435 j LO 14 / �. '- - /--- PAR. -- ---1 i M.M. 200 / 17 - 21 -/ / TRACT NO. 5480 M.M. 196 / 35 - 37 / / BASIS OF BEARINGS- REMINDS ME RMM OM INE C VISTA DETNV[ptNAR AECXtIERUXC CF M0. SApl. M.M. 165 / 41 - 44. RECORDS OF NUDE COUNTY, CALIFORNIA. ALL OR IDIMM LOI LINES ME RIGHT ANGLES TO MAIMING LOT LIKES. EXCEPT tat 14r PER TRACT NO. 3463. M.M. ITS / 41 - 44. PUBLIC UTILITY EMEMENTS ME RECORD AS SHOW ON TRACT NO. 5463. M.M. 103 / 41 - 44. UNLESS MOTHER REFERENCE IS GIVEN. SHEET GI OF 84 TRACT NO. 5463 04-2140314 r SHEET 2 OF 3 SHEETS EXHIBIT "G" EASEMENT MAP SEE SHEET 3 OF 3 SHEETS �A X�n p o a� a� IU I 6 W I 7� i l yl w I N� / � I NI v I I 11 __i I \`6.3• O \ 119 \ I \ Z In 1\ I-E U Q I— FA 0 5 101520 40 60 O6MHI0 SME. 1'•20' %4EET 62 OF 84 s 84-214034 ` SHEET 3 OF 3 SHEETS EXHIBIT " G` EASEMENT MAP T R A C T N 0. 5 4 8 0 �-77—� H.H. 196 35 - 37 I G I I \ f > sf ' � 9 nal r ria) I I 1 r , I dIAs'w v� 1n I I 'd' ri "a 75'3 i "n' 7 12• 12.1 14 I r 1G I tta c; : Lo 10 I' WI CD I I I I 1 0 f7S-o, I I - - I I11 noe• q0) I I I I I I I 0 R 0 n V j g T A 0 M 0 5 10 15 20 40 60 iiRmilww GRAPHIC SCALE, V-20• 'S)IEET G3 OP 84 t 84-214C: 4 a SHEET I OF 14 SHEETS EXHIBIT •G# EASEMENT MAP OWNER'S NAMES THE IRYINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALES 1• = 100' TRACT NO. 5878 1 M.M. 229 / 35 — 40 I jl P---_ -----1- ------- ------ -- i 1 Ma IS 1' I 1 yti f EFF I-IJ I ETS j= 5 .0E I I I \ C ' E TS -14TV n 1 17 I s It 11 OTT ��IA ZSH EtS , 1 IT V ` its ?� It �I, r`y - X NTRACT NO. 5435 LOT 125 NOT—A—PARj/� ryZ!-CA, \\ - Y r\ h , \ j - \ SE \ \ \ \ \ BASIS OF BEARINGS - MIT CNOIN DX SHY NN MC IMED DN }NE CENiERLIME Of L DRD 6NOLM AS N 01 Ip' IY• E. ON iRACt NO. 5435• N.N. EDD / IT - 21. RECORDS Of ORANGE COUNTY. CALIFORNIA. ALL ORIGINAL LOT LINES ME RIGHT ANGLES 10 "MINING LOT LINES. EXCEPT LOT IL PER TRACT N0. 5435. N.N. 100 / 15 • G1. PUSLIC O1ILITT EASEMENTS ME RECORD AN6HOGN UN INMT NO. $435. N.X. 2 00 / IY - 21. "LESS MOTHER REFERENCE I6 GIVEN. syAY.RD�Fr Fjsf� a I W / � l� / 2Q O y / / e v as fs/off � , / / / St1E ET 44 OF 84 TRACT NO. 5435 64-214034 SHEET 2 OF 14 SHEETS EXHIBIT ''G' EASEMENT MAP \� Z ZZ SEE SHEET 4 OF 14 SHEETS �- VISTA CAUDAL PRIVATE I w w s � N 1 r o ti n w i H w w Z 0 o N i, Q u 30, 5435 TR NOTo P P RT 0 5 10 15 20 40 60 GRAPHIC SCALE- 1.40• 30, 1 5NEET GS or 84 64-214034 SHEET 3 OF 14 SHEETS EXHIBIT °G' EASEMENT MAP /%.� ' I Lr) Iw I" I / o 13 / r nar so Z o- is r I ' ' to � 4 _ • ~\ 00r 126 1 I• 1126) o I I 48 73 \ \ 11 q9 ` \ \` $ \ \ CI RI 1 1 1491 — --- ` \ \ \0\ \, 50 11 rLP I I n � t601 SOG, \ \\ 156G) \ 7 \ \ INro L IW I "aor \ `�• \ \ \ r , , , 126 (126) ^ I SEE SHEET 7 OF 14 SHEETS I \ \ N z m a W y 0 5 10 15 20 40 60 GRAANIC SCALE. 1'•20' 5"EET"or 84 s4-214034 SHEET 4 OF 14 SHEETS EXHIBIT ,G' EASEMENT MAP VISTA DEL ORO o M 18 1 , I 19 1191 , I 19G (190, I k20(20) 7,9' r 126 (126) Pq 22G (22G) 1 j 6.3 1 I 1 1•6 11 w 1 I W 1 1 N I 1 W 1 I H 1 1 II H I I t 1 1 1 I a w 1 � I ¢ c I 1 a N `I 23G 24G 1 (z3m (24a) I 1 1 24 23 a+1 I 21 22 1231 11 N1211 — N1 b1t2121 --�_ — _r—'_•- ,� 71 O I • / — °'A I 1 28 27 I I 128) (27) 26 25 1 I ` f261 (25) I II -- I I------ -- I _—I I AVENIDA CHICO y / ( ATE 1 PRIV 0 5 10 15 20 40 sn GRAPHIC SCALE, 1--20' SHEET Q OF 84 84-21403b SHEET 5 OF 14 SHEETS EXHIBIT EASEMENT 'G` mm TRACT NO. 5878 M.M. 229_/ 3�- PUBLIC UTILITY EA5EM — — I Lo 0 90Y e 29 ti �n I (29) ` I .— I .2. II Io IZ 30 O kell. Ow so• i 1m3 I W �I 31 : z a H I 32 `I —_— (32)28 ♦I I Ito• •141 __ 1 JI t n 2I•l I , a—jo.ee 126 I (126) 1 ♦ 1 1 I r WJ) 1 1 I 1 / 1 I V 34 i ra cG i(34) 1 +as• / '�. nr I 1 e 36 r I 5.7' l — I I 3 I SHEET 6 OF 14 SHEETS I 16 • 16 I 1 0 5 10 15 20 40 60 GRMHIC SCALE- V•20' SWEET 48 OF 84 84--214034 - SHEET 6 OF 14 SHEETS EXHIBIT •GN EASEMENT MAP I _- I i N SEE SHEET 5 OF 14 SHEETS I Lr) 1 I 1 O a I lji� 1 o / O / / / 16 3 I V I N I Q I Jg I Q I I I Q U �----------� I 1 1 I 126 (1261 1 11 G � \ 1 ` (}g1201 I' 1 A2 1 1 I A 1 \ \ 1 N21 11 1 I11 (+Ol I1 1'1 4+s1 M W N / W / ' N / / / I 126 p w (126) \ 0 5 101520 10 60 \ OHMHIC SCALE/ 1••20' 84-214034 SHEET 7 OF 14 SHEETS EXHIBIT �C7, Rill V t` N 0 O J Lo M Lo !n EASEMENT MAP SEE SHEET 3 OF 14 SHEETS T R A C T N 0. 5 �\ 3 M. M. 2 0 0 r z - 2 151G\ \5\\ G \ 53 52 51 \ 9 (53) (52) (51) 520 A (520) r>: 53G \ to (53G) \ J M1 , \\ 54SS) 56 54G 55G S6G (54) (56) 154G) (SSG) lSfiG) , �35 5 �RPG L�jP,e PRE N0� .,6 _ 126 (126) i• -� 1 \ p \ 57 (57) / �q �1 I � \ 11 2 5$) I 58G I f56W I I I o _ �I � oa I I I 126 I 1 I (126) I I 5914 d i \ I 0 \ I i \ I Q J \ \\ l9 I \ \ SEE SHEET 8 OF 14 SHEETS 0 5 10 15 20 40 60 GHMIIIG scaE. 1-20• SHEET 70 OF 84- 84-214034 SHEET 8 OF 14 SHEETS EXHIBIT "G' EASEMENT MAP 2 I SEE SHEET 7 OF 14 SHEETSuj q' 14 I \ \cn lh T } I U 0. 1 60 O 1 ti a I \ 1 (601 1 w I \ I 1 I I � I 61 L ff,i7Y A tT 65G I I r L o w \ mW \ 3 66 65 \ 67 TM (67) 1661 (65) 66G I 16661 LIJ F" I )- W . ' \ ¢ I m \\ 67G \ I I -_--_-_--- < I1)0 \ _ � I I _ \ — __ 68G I I U> 1 i 66G) I I .O C:) \ \ I I O Z I \ 69GTO I \ m (69G) I oil- < cm 69 \68 (69) (66) (70) I \ \le 70G I F- \ (TOG) I < 0 \ 1-- \\ \\ I 126 3 (120) \ I 16' 16' \ \ 1 r 1 0 I 1 O \ v IN ,�-, ::- O Om\ \ \ \ p ` �•y� \ _ Oncn cn CL:z_ Z\ \ A DLO/f SEE SHEET 9 OF 14 SHEETS V eo pO 0 6 101520 40 60 CWHIC SCALE- V-20' SHEET 11 OF 84 84-214034 N I17 Y V O m SHEET 9 OF 14 SHEETS EXHIBIT "G' EASEMENT MAP SEE SHEET 8 OF 14 5 I 4 74 I v4l 1 1 I I 75 I os1 I I I 76 (76) 1 I 1 1 AN t h •`1 1 t t 126 f1261 766 � 176C) I_ SEE SHEET 10 OF 14 S HEETS / / I / 1 I I • i I I I l i � l I I I I ' ' I I 1 I J 7aG \ �b 176G1 \ 7 / QO I � � �efa. V ' I I HEETS l l I � I 0 5 10 15 20 40 60 GRAPHIC SCALE• 1'-20• 514EET 72 OF 64 0 5 10 15 20 40 60 GRAPHIC SCALE• 1'-20• 514EET 72 OF 64 84-214034 SHEET 10 OF 14 SHEETS I EXHIBIT EASEMENT SEE SHEET 9 OF 14 SHEETS T R A C T N 0' M. M. 2 0 0 / 1 7 91 so a2 BW (01, 102, wGR MAP \ J v 5 43 5 2 / oT* BOG 81c 18101 I I V 826 (02G1 I I y f i N 1 y a , a 83G (630) \ \ \ s 84G \ \ y 104G1 SSG 10501 PUBLIC UTILITY EASEMENT TRACT NO. 5877 M.M. 218 / 10 - 13 B 5 10 15 20 40 BO GRAPIIIC SCALE. 1'-20' SNEGT '1'5 OP B4 A 84-21403( SHEET 11 OF 14 SHEETS EXHIBIT 'G- EASEMENT MAP SEE SHEET 9 OF 14 SHEETS /,7 ` 0, \�V \ �n SEE SHEET 13 OF 14 SHEETS r rI W l\ o\ 9�\ v i♦ ` // Ia I \ 12Tr%4f \ \ (126) r I \ AVENIDA CAMPO II T w / / N / ( PRIVATE ) / — — — — — — — -- — — —r ^ ' rp W J L a" 0 c a m- 1 h c I I N I 1 G o I Go I I UTILITY EASEMENT 126 (126) CAUDAL M N d" Lo TRACT NO. 5877 M.M. 218 / 10 - 13 0 S 10 15 20 40 60 CWHIC SME. V-20- ti w SWEET 14 OF 84 84-21403L SHEET 12 OF 14 SHEETS 0 EXHIBIT EASEMENT °G" Y tm _ = ,a o= 1 I 1 t I I 1 1 in, � 1 I 06 17`! 02 11 'o EASEHENT �- �'� c 'u0. T63 OSLTC T�T= ���� o I 1 ��11d,03 rj LO GC, o U VI e ' I Cl of m' I` I 1 I m II w I i' 01 1 v 1 \ 0 -- It I — I WI 71t U = I 'd• �! 126 W I W i 1 �• y 1126) Q v' I _�_3 PUSLtC�� -LU IUil=lry EASEHENT I I I a d I �� \W¢ - I SEE SHEET I 1G U 00:. I OF 14 SHEETS 0 s 101520 40 so GRMHIC SCALE- 1'•20• SHEET'15 of 84 H Bar-214034 SHEET 13 OF 14 SHEETS EXHIBIT EGG SEE SHEET 14 OF 14 SHEETS N Lr) I 1W Eqrm H EASEMENT MAP 126 (126) / isl I I SEE SHEET 12 OF 14 SHEETS \ \ 0 5 I01520 10 60 GOM111C SCALE- 1'•20* 84-214034 SHEET 14 OF 14 SHEETS EXHIBIT 'Ga EASEMENT MAP VISTA DEL ORO CL M Q I i H O Z 1 0 I O rn f. w � N LoTi - M 'u o w Z H H U vl T R A C T N 0. 5 4 3 5 M. M. 2 0 0 / 1 - 2 1 126 E (126) ry ry ry 00 \\ 3T ` \ q \ ;Tr \\\ _ W pR\V\\e CAul)'9C \\\\\\ w SEE SHEET B OF 14 SHEETS 0 5 10 15 20 40 60 CgMNIC SCALES T-20, SHEET 77 OF 84 64-214034 SHEET 1 OF 7 SHEETS EXHIBIT SIGN EASEMENT MAP OWNER'S NAMES THE IRVINE COMPANY. A MICHIGAN CORPORATION LOCATION MAP AND SHEET INDEX SCALE: 1' = 100' TRACT NO. 5741 M.M. 207 / 45 - 47 I r_ ________________ ^J 1 �\� 'RACT NO. 5463 I I I I r M.M. 195 / 41 - 44: I - -- r________y_ y==-SUEET I iJ-SAE �� i I I I 1 1 E I I �F..r7 'RACT NO. 5692 1 OF 7 j 1 r -� t --L_ _ M.M. 206 / 24 - 26 TRACT NO.i5480 i :LO 5 \ r ________ 7____`__r_ I I PAR. 54 - i--1 - - 1 -r L-- -I r----�--i---4- I 1 / i SHEET I I HS TRACT N0. 5435 Z N M.M. 200 / 17 - 21 i I '� y' -0 � i J$HE �---- - -- - - - v I ---------------- 1 BASIS OF BEARINGS- "MINOS SHOW ON THIS MM ME BASED ON THE CENTERLINE OF VIE IA OIL 0R0 !Hal. AS M 15 AD' ID' N. ON TRACT N0. SIBO. M.M. 1R6 A SO - Jr. RECORDS Of ORANGE COUNTY. CALIF A! ALL ORICINAL LOT LINES ME RIONI MOLES TO MJOININO LOT LINES, EX PT LOT 5A. PER TRACT NO. 3490. N.M. 196 A 35 - 37. P.M`I19UTILITY E37..UUNNLESS MOTHEROREFERENCE IS LIYER NO. 3460. 514EET 76 OF 84• TRACT NO. 5480 84-214035- SHEET 2 OF 7 SHEETS EXHIBIT 'G' BASEMENT MAP 1 T R A C T N 0. 5 4 8 0 TRACT NO. 5463 M.H. 195 / 41 - 44 0 5 10 15 20 40 50 CRMHIC SOME. 1--20- 5HEET 19 Of 84 W214034 - 'G' MAP SHEET 3 OF 7 SHEETS EXHIBIT EASEMENT r \AS J r R tp' \ � r •o \ \ �2G 54 (541 1` 1 1 SEE SHEET 4 1 1 OF 1 I 1 7 SHEETS 0 5 10 15 20 40 60 "H HIC SCN.E- 1'•20' SHEET 50 OP 54 84-214034 SHEET 4 OF 7 SHEETS EXHIBIT " G' EASEMENT MAP ` \ \ SEE SHEET 3 OF 7 SHEETS \ t \ 1 t401 \ 1 \ \ on I Z I C 1 IC3 1 r 1 s 3.. 9 I1 \ }m tj91 1\ I U 4 I w �Ij Il N I Ntt, I�1 I LL 1 I Cl I b I 116' 16' $ I 3 1 � / 1 � /1 1 / 1 1 /�1 1 / 1 / � T R A C T N \ \ M.M. 196 SEE SHEET 5 OF 7 SHEETS I, 14 1 1 0 Iry t141 1 IR O� >.R 1 1 1 � 1 is 1 115G) 1 1 C 1_ 1 1 I 1t 61 1 1 1 ?II NI tl T) 1�i 1 0. / 35 — 37 5 4 8 0 0 5 10 15 20 40 60 CWHIC SCALE- 1'•20' SNEE.T 51 OF 84. \ ri 04-'214034 , SHEET S OF 7 SHEETS Ke 0 U / r_ Ih i U EXHIBIT W EASEMENT MAP 1 01 a L 54 (54) I c � c I 1— Iy y / SEE SHEET 6� / J OF 7 SHEETS 0 5 101520 40 60 C HIC SME. 1'-20- SHEET 82 or 54 01 84-214( 4 SHEET 6 OF 7 SHEETS E X H I B I T •G• EASEMENT MAP SEE SHEET 5 I I OF 7 SHEETS T R A C T N 0. 5 4 8 0 I M.M. 196 / 35 - 37 I I � I zz- ry1 3654 ! / o ! �� I Js C, ! i 84-2i�)34 SHEET 7 OF 7 SHEETS EXHIBIT 'G' EASEMENT MAP / / / / -bl 90 SEE SHEET 6 OF 7 SHEETS 54 (54) 0 O 0 5 101520 40 60 CHMHIC SCN.E� 1'�20' SNEGT 840P84 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT April 10, 2012 Irene McAleer, MD 447 Irvine Avenue Newport Beach, CA 92663 Re: Address Change Lot 13, Block 29 of the First Addition to Newport Heights Assessor Parcel Number 049-054-21 Dear Ms. McAleer: As requested, we are allowing an address change from 447 Irvine Avenue to 2201 Clay Street since the main entrance to the residence is on Clay Street. We will advise City departments; however, it will be your responsibility to inform all other affected agencies, such as the U. S. Postal Service, Orange County Assessor, utilities, etc. Please be sure to notify your local telephone service carrier so that responses to any "9-1-1" emergency calls are dispatched to a valid address. The address numbers should be at least four inches high, of contrasting color to their background, and clearly visible from the street. If you have any questions, please contact me at bzdeba(a)newportbeachca.gov or (949) 644-3253. Sincerely, KIMBERLY BRANDT Community Development Director By: tj . Zdeba lanning Technician 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3226 • Fax: (949) 644-3250 • www.newportbeachea.gov/communitydevelopment April 5 2012 Mr. Benjamin Zdeba City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92658 Via fax: 949 644 3229 Dear Ben: As per my last letter, dated March 23, 2012, 1 am the new property owner of 447 Irvine Avenue, Newport Beach, CA 92663. My home is oriented toward Clay Street, therefore, I would like my address to be 2201 Clay Street, Newport Beach, CA 92663. I appreciate your assistance in this request for address change due to orientation of the house. If you have any questions, please feel free to reach me at 559 840 5258. I can also be reached via email at immmac msn.com or at work, 714 512 3914. (Assistant- Becky) Sincerely, 2,,,McAleetMO 'd S I K 'IN OOHO ME:6 i[oa ,y dy CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT Planning Division February 16, 2012 Rutter Development Attn: RJ Rutter 18012 Cowan, Suite 200 Irvine, CA 92614 Re: Address Change Lot 95, Tract 907 Assessor Parcel Number 423-241-09 Dear Mr. Rutter: As requested, we are allowing an address change from 102 Via Orvieto to 600 Via Lido Soud since the main entrance to the residence is on Via Lido Soud. We will advise City departments; however, it will be your responsibility to inform all other affected agencies, such as the U. S. Postal Service, Orange County Assessor, utilities, etc. Please be sure to notify your local telephone service carrier so that responses to any "9-1-1" emergency calls are dispatched to a valid address. The address numbers should be at least four inches high, of contrasting color to their background, and clearly visible from the street. If you have any questions, please contact me at bzdeba(a)newportbeachca.aov or (949) 644-3253. Sincerely, KIMBERLY BRANDT Community Development Director By: Ca ni . Zdeba ning Technician 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.newportbeachca.gov/planning February 14, 2012 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA 92663 Re: Address Change Request To Whom It May Concern: We respectfully request an address change for the current lot at 102 Via Orvieto to a Via Lido Soud address. We are currently constructing a new residence at this location and the front door, as well as the mailbox has now been moved to face Via Lido Soud. If you have any questions, please contact me at (949) 922-9723. Sincerely, RJ Rutter Director of Construction RUTTER DEVELOPMENT 18012 COWAN • SUITE 200 • IRVINE, CALIFORNIA 926146810 • TELEPHONE (949) 863.1298 • FAX (949) 863.9109 CITY OF NEWPORT BEACH COMMUNITY DEVELOPMENT DEPARTMENT Planning Division February 16, 2012 Michael Terry 3419 Via Lido, Suite 455 Newport Beach, CA 92663 Re: Address Change Lot 669, Tract 907 Assessor Parcel Number 423-192-01 Dear Mr. Terry: As requested, we are allowing an address change from 228 Via Koron to 501 Via Lido Nord since the main entrance to the residence is on Via Lido Nord. We will advise City departments; however, it will be your responsibility to inform all other affected agencies, such as the U. S. Postal Service, Orange County Assessor, utilities, etc. Please be sure to notify your local telephone service carrier so that responses to any "9-1-1" emergency calls are dispatched to a valid address. The address numbers should be at least four inches high, of contrasting color to their background, and clearly visible from the street. If you have any questions, please contact me at bzdeba(&newportbeachca.gov or (949) 644-3253. Sincerely, KIMBERLY BRANDT Community Development Director By: )a n Zdeba Planning 1echnician 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658-8915 Telephone: (949) 644-3200 • Fax: (949) 644-3229 • www.newportbeachca.gov/planning Zdeba, Benjamin Subject: RE: Address Change Request > -----Original Message ----- > From: Michael Terry rmailto:michaeleterrv(dmac.coml > Sent: Tuesday, February 14, 2012 8:12 AM > To: Garcia, ]ay > Subject: Address Change Request > Mr. Garcia, > RE: CHANGE OF ADDRESS REQUEST > I was in the City yesterday @ the planning desk on a separate matter and > your contact information was provided to help me with this request. > I am the owner & general contractor constructing a new SFR @ 228 Via > Koron on Lido Island. We have located our door fronting Via Lido Nord > and would like to seek and address change to a Via Lido Address. > Yesterday I was advised 501-509 Via Lido Nord was available? If I had my > choice I would request 501 Via Lido Nord. > Please let me know what I can do to help facilitate this request. > Michael Terry > 3419 Via Lido, Suite 455 > Newport Beach, CA 92663 > P: (949) 466-0900 > F: (949) 675-4537 > E: michaeleterrv(@mac.com 1