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HomeMy WebLinkAboutRESUB_1019_352 Hazel Dr•NEW FILE` I�1 RESUB 40OX Aurl3-08 03:28am From -California Coastal +5625905084 T-406 P.001/003 F-689 STATE OF CALffoRNIA *6 WdUh='AdENCY ' _ _ - PMVvil50N,:Go�mnor • . CALIFORNIA- COASTAk-COMMi.SSION = souT►i COAST ARFJ►: : • _ - _ _ - • : ' ' Page :1 , of :-. ,ss w..NRoi10Wl1Y.:.sT Sao _ - pate:' .13_ OdtQb@r :1'994= :o. aox also = :::: - • - : : - Perini:t� No. LONG 6EI;CH. Gc 9 M4416 CM64JA I - oEVELOPMEN PERMIT - pn -MA- :the =� 1 farnl:a Coastal :Comm ssibry grarit'ed- to ::this ipermtt subject .t0 the .attached StandaFd :an¢: Special donditiorts_, for. developinept :consi sti-ng.: :T:entati ve Parcei 10 Map - 93-'t66: for thi : reconftgu� M on of . five lots Intl a ' portjon :of-: a: si2th 1Qt,: which t6gether: currently :comprise: approx:imateiy_: 0;8 _acres, . 1 rito thr. eQ: ner_ 1 ots:c :NQ: ncrease- pr :decreatse. 3 n :acreage _woul d :resul t; Na construction or l:aniiform alteration wi 1 i : be ;permi'tted beior the ;11.16 feet: above:. = Mean lea Level= contour Tine: ne= consi sterii::wi th :Sp_eci al _Condition: No::8: oP-approval by the:Ci-ty: of :Neirpo>rt. Beath.: more spidficil:ly: descrIbed_irt the :application file 1n4 e: Commission :offices.: : :The :deveiopinent;is :iritfftlt the :coataT=�one_n range :County at - -344=35w 2Hail -drive (�woork= BBa - issued :on_ belxalf of :th.b Cal�iforrii a Coastal.' Comnii sslon :by . Y DO Exe'cuti ve Dire _ :Tittle•: - Coastal; :Progratn_�1XS _ - :The= urjdeirs j gned p.er"�ji-t tie :ac#�how�edges reGei pt =of --this O:ermi t and- agrees to abide =msadonditiontoby al The' .undersi:geed ;pea�mi ttee: acknowl edges: fiktat .'Gowerdni n•t:C-dA: Section: 81.8.4- whi ch: : stat'e's.. in;per'ti vent part•,: that:: �'A. publ i c=enti ty A*s. not =1:i:ab1 a .f-ar- injury: caused: : by:the: issuance::.: of.=arr}y-permit:.: -": applies: fio :th.e-issuance of: this .permit.: _ IMPORTANT :TF IS' RERMLT- IS HOT�VAt;ID" I�NL SS AND UNTIL' •A COPY OF� THE .PERMIT :WITH; . . :THE-- SIGR1wp ACKNOWLEDGEMENT ]HAS. BEEN' RETURRED TO .THE' COMMISSION OFFICE.:: 14 .Cal :Adm h.: Cade Sectipn 1.3:58(aI -: - y Date Si gnature: of Permtttee' •An- I3-2'8 03:28pm From -California Coastal +5626905084 T-406 P.002/003 F-689 �CTA n�tiFt�OPME'FIT PERMIT : Page Perml:t: No. 5=94-•047 : STANDC0_ND TI IO 5'::- l•, ; Notice -of R'ecei•aft•- hd iAc4ng lr.T�kme Ttie• permi:t i s ncit" val Td: and - :development :shal:l •not.=commence �nti't a copy of the= pandit*.: si-00. by :the: : :. permi:tte9 `or authorized agent;. =acknowledgi'ng- receipt of'the=permit and _ accepta_hce of the =terpi :and: conditions.: is-.Wurfied to:the Commission :office: . :If: deve1opmerit his:not- conurienced,: the=parlinit 4111 expire two 2-yeusa� � which •the •C jW saibn: voted. on _t'he appl i cation:.: - 'years;from• the :dateon: ; : • - • • pisvel opment: §hall: be _pursued `i_n: a td1) i gent: manner: and compl eted: i n . a . reasona6l a 'period: of= time : �pp:i 1 cati Qn� for exten'si on =�f the ;pe:rini t :must be : made prior :to the xpi ration . date.. _ - :Comn1jifnice_:: A:1 l deve� opmiht, Wst: occur 1 h strict =comp1 i ante§ with the.. : proposal as set- .fortiti 1 n-. th.e.. appl:i cation, for =perm1 t t5.ubj e6t* to =and►- specjkl :conditi:ons:set fortfi :below: Any .deviati:on:from ;the -approved :plans .must be : = reviewed :and=approved by: the -staf.40. irtiy requirQ Coimmission approval. : :. - : 4.' I nteKroretatl on . :Any quesfi oris of : i Inten'or .nterpretati on_ of :any; colridl ti on - : wi fl' 'be: resolved :0y: the E"Cutitve* Director br: the tommissipin- 5; Insp+I1;S, -The=Coiomisi3i:on staff shal•1=*beal*-1owed :to: inspect the site :and:: the= project duri ngl=s development•,: subj�e;ct • to ?poor. advance: goti ce: : • _ provided eto ay''id'quaipersong6,= . ' a:accepiin9all -term w.th: the s3on:jn: affidavit ; -COlridi dons :df_ the :permit.: 'wiah-thg nd..- These* t,rMs• and:conditfons: shall. be - perpetual ; _and d t :1 s the=fltention• o:f . the: Commi's si on and :the perms ttee to : bind • all: •futdie_:bw6ers and.:poss.ess-ors: of the_ subject -property. to: the:.. erms : and toridAlbhsi ; nib Prior :to: i ssuance=of.. the egas'raT d-evelopinent :permit, theCapp:11 cant shall: submfit,: : for: the' :revle,N and;appro�al ;af: the .Executive:Di:rector,: a: corrected=draft'F:1na1 Parcel =Map;=as 1t; rroyl;+f be submjtted forrecordation; sshowing that -the -incorrectly •denoted:E 5 foot -Contour Ijne =has peen: tor.r-ectly denoted as fihe ]1.16 :feet :above -Mean SQa:Lieve1:contorar.=l:lne; snceRo' constructionf or:tandfOrm-;ltetcaitiion-wo0d.be :. :allowed=below thus cbntolµr lin •"consi:stent:w.i=th•tile: appltcants :project' _ - • . detcri:pttiorl_:::: 4m.a-13438 03:28pm From -California Coastal +5625905084 T-406 P.003/003 F-689 MAS _ '' Page:3of3. SOW al coftd-41i� c,06fl, Z;: ;deed Restriction er ArejIlUtdre npveloo�er� _ parlor; to issuat>�ce of:xhe= coastal :development permit. tote: applicant as I hdowrier shall; :execute :and :record :a deed Tbil faction 1n; a: form. and 'content: acceptable: to:fitie Executive Director.' of:the _Coastal: Cottitalssioti,; which' shall: provi de • that:: - Ya provide` adequate pratecti ot1 'Por =the - environmentally sertsl ti ve: areas _ : with] n Buck Gutty, 1 t 4ha-I I ti� :'requi:red;that: _ - - ::a) no :cotistruc#i oti ar 1 afidfoFm a1 tt:rati on • wit l: be . perrni tted: below: _ :ire: 7176 .feet :above =Mein:Sea: level_ Contour line: on :a11: lots: proposed : by: Tentative Pat'ceI : Map• 93=1:8'6 cons.i stent with :the: appl:icant s. - _ proje.ot_descripfi:on•;_and:: - . :: = ; - (b). ' =a 25 foot Sri de: buffer: area.. as ' provi ded :for: Ft1 the :Ci:ty: of : Newpor-t; Beech: Urti fi ed : Land - Use Pa ari sh411 :he estat?l 1 shed 'on -the .. :• _ :near portions •Af-au- lots proposed: by:Tentative Parcels Map 3=186.' : l;ai d: buf=fe.rr.area ehikl: be'=measured from the rear: tgtil;ly sfde) : • : : property .1_i ni - A31: con'struct� on - (i:n'cl udtnq: but' :not limited to: • - : : gazebos.; s-ecbndarY: sirtictpt`ei stairs:, fence_s; -nay. retainlgg .walls, pools= bf :a1tiY: size or=depth; •tends:courts •or: other. activity. areas)- : and =1 andforte 'al term on =s:hal 1 1tie; express iy �rohi bitted_ i n said : uffer : area., : Wfler.e :said .25 foot wide :puffer area= and*, the -:area bel-or+: sal d 71:16 feet : _ above :Mean- Sea LOW. con#our: ] i no :o rer�ap. ,the more restricts requi foment_ shal_1= taka prt;cedence.: _ _ :The document s#�:a11 r:u>rk Kith the tan:d; titndi n9 a-i l succes-sorF and asAslgns,: and' . s#tallbe Tiscor�ed free and=cl:ear:af. prior =liens and:enci,mbrant:es wtii:ch:the. - Bx:ecuti vi Di reotbr: detarml nos inay=afFect :the• interest : tie1 h9: conveyed. : : 3; "Offer -to" Ded : - -:.• Pjrior to:1ssuance:of' :the=coastal _development permit, :the:applicarit as UndoWKer: sha1:1= exeGttte: acid rs.cord: an:offei to :dedicate an;ea'sement', stitiject = : : :to.* the :revi ew=and approval • of the=Executi:v:e: pi rector; 'for puti'1i c access :for : trai 1:" purposes ;ove_r this 0otrtl_on- Of :land =shown on Tentatl ve : Paircel .Map' 93-1ii6: _ as .G1ett:Dri:ve; ::Such=oFfer: shad be -for: a period of: �twenty�otie t21) :years or - until= sticti :time=ashe:comml ssi:on=.approves a :coastal_ development permit: : appl i:ca#fors by, the :city_-df_- NeWpor-:t; Beach to ;v.•acate :Glen :Drive;=wh1'chever comes , TS : :JTA:bll 2932E :..:: _ - - - - City of Newport Beach City Council Minutes July 22, 1996 - 7:00 p.m. INDEX Mayor Pro Tern Debay stated that she wanted to express her thanks to the Police Department, Fire and Marine Department and the Lifeguards regarding their support during the July 4th Holiday. PUBLIC HEARINGS • 12. ORDINANCE NO.96-16 AMENDING PORTIONS OF DISTRICTING MAP NO. 18 Ord 96-16 / Zoning TO ALTER THE BOUNDARY BETWEEN THE "R-1" AND "PC" DISTRICTS PCA 847 (94) (PLANNING COMMISSION AMENDMENT NO. 847). GENERAL PLAN AMENDMENT NO. 96-1(C) AND LOCAL COASTAL PROGRAM AMENDMENT GPA 96-1 (C) /LCP 45 NO. 45 TO ALTER THE BOUNDARY BETWEEN THE "RETAIL, SERVICE Catanzarite COMMERCIAL" USE AND THE "SINGLE-FAMILY RESIDENTIAL" USE - K.J. Cafanzarife and So Cal IBEW-NECA Pension Plan (352 Hazel Drive and 3901 East Coast Highway) (contd. from May 13 L 28, June 10 L 24, 1996). City Attorney Burnham advised that the Council previously approved an adjustment of the boundary between the two properties in Corona del Mar. The adjustments do not change the size of the parcels, but property from the parcel that is going to be developed for residential purposes was transferred to the one to be developed for commercial purposes, and vice versa. These actions are necessary simply to change the designation of the portion of the parcels added and subtracted to conform to their intended uses; also implements the settlement agreement between the City and IBEW; and the Attorney's office has approved the agreement to form. Hearing no one wishing to'address the Council on this issue, the public hearing was closed. Motion by Council Member O'Neil to approve the recommended action as follows: • Adopt Ordinance No. 96-16 [Amendment No. 8471 amending Ord 96-16 Districting Map No. 18; Adopt Resolution No. 96-56 [General Plan Amendment No. 96- Res 96-56 1(C]]; Adopt Resolution No. 96-57 [Local Coastal Program Res 96-57 Amendment No. 451; and Adopt Resolution No. 96-58 [Summarily vacating a portion of Res 96-58) Glen Drive between East Coast Highway and the Northeasterly Boundary of Lot 68, Tract 673] and direct the City Clerk to record same with the Orange County Recorder's Office. The motion was voted on and carried by the following roll call vote: Ayes: O'Neil, Edwards, Debay, Hedges, Cox, Glover and Waft Noes: None Absent: None • Abstain: None 13. ORDINANCE NO. 96-26 ADOPTING THE FIRST AMENDMENT TO Ord 96-26 DEVELOPMENT AGREEMENT NO. 8 BETWEEN THE CITY OF NEWPORT BEACH Ford Motor Land AND THE FORD MOTOR LAND DEVELOPMENT CORPORATION WITH RESPECT Dev Corp/Dev TO THE FORD LAND/NEWPORT PROJECT. (The Ordinance Will Revise And Agm No. 8 Reline The Definitions And Developments Standards For Planning Area 4 C-3059 (38 ) Volume 50 - Page 233 C I T #*.wJ F ' NEWP0RTd,'- EACH ON MINUTES ROLL CALL ~ W Z3Mgx0 p ' E M a Wg2UC73 0 } ad W X U W > (9 ~ X December 11, 1995 INDEX It was noted that the proposed - Ordinan would require that specific findings 4be de by the Planning - Commission and the Council on appeal related to the appr, of a use permit for the service of alcoholic ' erages in conjunction `'with bars and tavern The Planning Commission voted unanimous o recommend approval of the subject amen ent to the City Council. Heari no one wishing to address the Council, the p is hearing was closed. Motion x Motion was made to adopt Ordinance No. 95-65. A11 Ayes 31. Mayor Pro Tem Debay opened the public hearing Catanzarite on the Application of Kenneth J. Catanzarite to Resub 1019 RESUBDIVIDE (Resubdivision No. 1019) an existing (8 4 ) single family lot and a portion of a commercial parcel into two parcels for single family residential development at 352 HAZEL DRIVE. Report from Planning Department. The City Clerk advised that after the agenda was printed, a letter -was received from Stanley Behrens, 340 Hazel Drive, in opposition to the subject request. The Assistant City Manager, Planning/Building, gave an overview of the subject request and explained the graphics on display noting the request is to resubdivide an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. He noted that the Planning Commission at their meeting of November 9, voted to deny this request, finding the proposed subdivision not an appropriate land use of the property. Kenneth J. Catanzarite, Applicant, I Canyon Court, gave a brief history of the proposed project, and explained the perimeters of a settlement agreement which he has discussed with the City Attorney. He stated that the proposed lot sizes are consistent with neighborhood lot sizes, i.e., Parcel I is approximately 5,000 sq. ft.: Parcel 2 is approximately 12,500 sq. ft., and will accommodate homes approximately 3,600 sq. ft. and 5,400 sq. ft. The improvements contemplated include a common grading plan and view corridor which benefits the Summerhouse (immediately adjacent) and the community. There will be a view Volume 49 - Page 544 J r C I TYWJF NEWPORT EACH MINUTES ROLL CALL H W % pwq in M W>- W M En W UP> W = 0 U3 W C7-J ~ ¢ December 11, 1995 INDEX easement over the southerly portion of his property Resub 1019 which is consistent with the General Plan, and the common grading plan would give more light and air to Summerhouse and its residents as well as reduce their overall costs. It would benefit him in terms of achieving some common grading, and it would also make the two parcels more attractive. He does not see any adverse impact on adjoining property owners because of the view being the same. He noted that if the lot were not subdivided, a 10,000 sq. ft. home could be built on the current property. The following persons addressed the Council in opposition to the proposed resubdivision: Dan Wiseman, 336 Hazel Drive Herbert Malmon, 341 Hazel Drive Harriet Malmon, 341 Hazel Drive It wbs pointed out by the above speakers that they felt the Council should support the Planning Commission's action and deny the subject request inasmuch as the particular parcel in question is a single lot custom home site, and that the subdivision would not be compatible with the existing neighborhood: the subdivision would also lower the economic value of their properties and is inappropriate for this area; the disputed lot line adjustment can still be resolved without a two lot subdivision on . the subject property; Corona del Mar is unique, Buck Gully is very special; and the proposed project shows a total lack of respect for either. Bill Todd, Consulting Developer for Summerhouse (adjacent to proposed property), and representing Dr. Thomas, Executive Director, stated the reason he and his client are supporting the subject request, is that they would be gaining a tremendous amount as well as the community in terms of the 14-foot easement, setbacks and view corridor. Vincent Dibiasi, 620 Acacia Avenue, Architect for the proposed project, noted the following: 1) the lot line adjustment is a result of trying to come to an agreement; 2) as the property sits, it can be built on today to the 85-foot line with all the setbacks required by the City; 3) the view corridors referenced are really light, air and ventilation, and by dividing the houses up, they have cut down on the massiveness of any structures; and 4) the project will be consistent with existing neighborhood and property values in the area will not be adversely impacted. Volume 49 - Page 545 C I T R� OF - NEWPORTSBEACH MINUTES ROLL CALL J ~CE ZAxpf- W3Gp p in A a= AW W �� A (n c� W W2UC7 pd W W > F- 31 December 11, 1995 INDEX Hearing no others wishing to address the Council, Resub 1019 the public hearing was closed. Discussion ensued wherein Mayor Pro Tern Debay questioned the Assistant City Attorney if the Council could approve this project contingent upon the Summerhouse being constructed, to which their was a negative reply. Council Member O'Neil commented that he has talked with the applicant, as well as representatives of the Summerhouse, the City Attorney and Planning staff regarding this project and the reasons the Planning Commission denied this request, which he understands was based on the concern over pending litigation, but more importantly, the subdivision would create an inconsistency in the General Plan because as part of this resubdivision there will be a land exchange Where a small portion of residential property in coimercial and a small part of commercial in residential. Accordingly, the Planning Commission felt that technically they could not make the appropriate findings, and therefore, denied the resubdivision. In reviewing this further with the City Attorney, he has been advised through the settlement agreement that is pending between Summerhouse, the applicant and City, that this inconsistency can be addressed and resolved through a court judgment and if the resubdivision is approved, the City will process a General Plan Amendment during the course of the next round of General Plan Amendments to clear up this inconsistency officially. In his opinion, the lots that are created out of the proposed resubdivision are inconsistent with the surrounding area and he believes that the potential impacts if one large residential home were built on the property are greater than dividing the property for two smaller houses consistent with the square footage of the surrounding neighborhood. Motion x In view of the foregoing remarks, motion was made All Ayes by Council Member O'Neil to reverse the decision of the Planning Commission and approve Resubdivision 1019, Including the lot line adjustment and adoption of the Findings as set forth In Exhibit "A," and that the City Manager be authorized to execute the settlement agreement negotiated on the City's behalf by the City Attorney. Volume 49 - Page 546 n • -y1 � C I T�OF -N'EW ,0Rr1-%EACH MINUTES ROLL CALL fJ-I z o cn 3 W >- mm= W A x x W �o 0. 3 December 11, 1995 INDEX Council Member Glover complimented Mr. Deli and his staff for the work they put forth on t is Policy, and stated she believes the document ill set a tone and indicate the Council 's supp of the City's older business districts. All Ayes The motion was voted on and carried. 29. Mayor Pro Tern Debay opened the pu lic hearing Vacation prti regarding VACATION OF A PORTION .F A SEWER Swr/Pblc Utl AND PUBLIC UTILITY EASEMENT AT 30 2 AND 3014 Easm/3002 & BREAKERS DRIVE, CORONA DEL MAR. 3014 Breaker; Drive (91) Report from Public Works Depart nt. The Public Works Director not that the subject vacation is for a sewer easem nt that is located at the bottom of the hill at Iris venue and Breakers Drive. As a result of a resub !vision in this area, the prior sewer easement is no needed, and therefore, adoption of the recomm nded Council resolution will complete the statut proceedings to vacate and abandon the asement for sewer line purposes. Hearing no one wis ng to address the Council, the public hearing wa closed. Motion x Motion was ma a by Council Member O'Neil to All Ayes adopt Resoluti No. 95-141 ordering the vacation Res 95-141 and abandon ent of the easement for sewer line purposes in t 26 and Lot 28, block A-36. Corona del Mar Tr ct, and direct City Clerk to have Resolution ecorded by Orange County Recorder. 30. Mayor o Tern Debay opened the public hearing Ord 95-65 regar g proposed ORDINANCE NO. 95-65, Zoning (94) ENDING PORTIONS OF TITLE 20, MORE S ECIFICALLY CHAPTER 20.72 WITH REGARD TO EQUIRED FINDINGS FOR APPROVAL OF USE PERMITS FOR ESTABLISHMENTS WHICH PROVIDE ALCOHOLIC BEVERAGE SERVICE (PLANNING COMMISSION AMENDMENT NO.831). PCA 831 Report from Planning Department. Volume 49 - Page 543 An CrrY OF I-AlORT BEACH Hearing Date: December 11, 1995 �� 1m PLANNING\BUIL.DING DEPARTMENT Agenda Item No.: 3 i r= S3oo NEWPORT BOULEVARD Staff' Person: Dana Aslami ;r �liaoaN NEWPORTBEACH, CA92658t ('%14) 644-3i12 (74) 644- oo; FAX (rg) 644�5o Anneal Period: • REPORT TO THE MAYOR AND CITY COUNCIL • SUBJECT: Kenneth J. Catanzarite - applicant 352 Hazel Drive SUAE%1ARY: Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. REQUIRED APPROVALS: If desired, reverse the decision of the Planning Commission in regard to: • Resubdivision No. 1019 (Public Hearing) OVERVIEW OF KEY ISSUES These issues are discussed in the staff report to the Planning Commission dated November 9, 1995. PLANNING COMMISSION ACTION At its meeting of November 9, 1995, the Planning Commission voted to deny Resubdivision No. 1019 (1 No, 1 Absent, 5 Ayes) finding the proposed subdivision not an appropriate land use of the property. Subsequently, the City Council called this item up for review at the Council meeting of December 11, 1995. A copy of the Planning Commision staff report and an excerpt of the minutes are attached for the Council's review. PLANNINGWILDING DEPARTMENT By A�/GG42ti1 • Dana O. As ami Associate Planner Attachments: November 9, Planning Commision staff report. Excerpt, November 9, 1995 Planning Commission minutes. APPROVED BY CITY COUNCIL 0 IZIli I9-S • • OF NEAPORT BEACH 0 CITY PLANNING\BUILDING DEPARTMENT V• 33oo NEWPORT BOULEVARD NEWPORT BEACH, CA 926SS (714) 644-3200% FAX (T4) 644-VSo Hearing Date: Agenda Item No.: Staff Person: Anneal Period: REPORT TO THE PLANNING COMMISSION SUBJECT: Kenneth I Catanzarite - applicant 352 Hazel Drive November 9, 1995 5 Dana Aslami (714) 644-3212 14 days SUMMARY: Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. REQUIRED APPROVALS: If desired, approve, modify or deny: • Resubdivision No. 1019 (Public Hearing), procedures are set forth in Section 19.12.040 of the Municipal Code. 1. Appropriateness of the Proposed Resubdivision/Neighborhood Compatibility: Does the residential development proposal represent an appropriate use of the property, and would the development which results from the resubdivision be consistent with the surrounding neighborhood. This issue is discussed in the Analysis Section of this report. d- VICIINITY MAP . • 9SC V. q „O % PJ qy do Rs'�. 'yam V 5'�O q, 7O v yt do 101 NoiE: No cow y,TaMT�eN \� Q iNE CONTOUR LANE MS'-OW P'" Q P R-i_e �v:s bss �aeweo� P 6 NO., I S.". 8E PE 'QV a P � - b 2 y0 /o. c aP. 9�4 TQ .h i-s ...✓. rx.w .ors :. -ft dd'* . r..40hpor.6li�rnNO rrwldr X.4.rA•Acr .ni/ w . X I %J Ad..r .r-A MACr irrr d/+..twy ^V— wbii JliT I/.RCN A/.pT-AMw. I•/- lb -f/•. Resubdivision No. 1019 � I The subject property is developed with a single family dwelling. To the northeast is a vacant parcel which fronts along East Coast Highway and is the future site for the Summerhouse Senior project; to the southeast, across Buck Gully, are residential uses; to the southwest are two new residential projects which are currently in the development stage; and to the northwest, across Hazel Drive, are residential uses. 1� Resubdivision No. 1019 November 9, 1995 0 Page 2 � 1 � ANALYSIS SUMMARY The proposed request involves the subdivision of what is currently one residential parcel into two • residential parcels; one will front on Hazel Drive (Parcel No. 1) and the other will take access across the first parcel via a recorded access easement and is to be located directly behind the first parcel, abutting Buck Gully (Parcel No. 2). The existing residential parcel currently has a street frontage of 50 feet along Hazel Drive. The applicant is requesting to adjust the lot line between this parcel and that of the commercial property to the north so as to create a total street frontage of 56.5 feet for the residential parcel along Hazel Drive. This additional land obtained from the commercial parcel to the north will serve as a portion of the proposed access easement across Parcel No. 1 for the new residential Parcel No. 2, which is proposed along Buck Gully. Staff is of the opinion that the proposed resubdivision and the resulting residential development represents an appropriate use of the property, and that the sizes of the proposed residential parcels are consistent with the residential properties within the surrounding neighborhood. Park Dedication Requirement In accordance with Section 19.50.020 of the Municipal Code, as a condition of approval of a parcel map, the subdivider is required to pay an in -lieu fee for each new dwelling unit to be created in conjunction with the parcel map. Inasmuch as the approval of this application would result in the creation of a new single family residential parcel, the proposed development will result in a net increase • of one dwelling unit on the subject property. Therefore, the applicant will be required to pay an in -lieu park dedication fee for one dwelling unit, prior to recordation of the parcel map. The fee is currently $6,894.37 per new dwelling unit. Specific Findings and Recommendations Section 19.12.040 (D) of the Newport Beach Municipal Code provides that the Planning Commission shall make specific findings in order to approve or disapprove a resubdivision. Should the Planning Commission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A' are suggested. In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (See Appendix, "Conformance with the General Plan') • (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. Resubdivision No. 1019 V; November 9,1995 Page 3 • (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. • (fl That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. It is staffs opinion that none of the above findings may reasonably be made in this case, and therefore no exhibit for denial has been provided. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. PLANNING DEPARTMENT KENNETH J. DELINO, Director By Dana 0. Aslami Associate Planner Attachments: Exhibit "A" Appendix Letter from The Southern California IBEW-NECA Pension Plan Letter from Consulting Developer, Summerhouse Project Letter from the Office of the City Attorney , Tentative Parcel Map ... %1PUBNOW51109\R1019.DOC • Resubdivision No. 1019 November 9,1995 Page 4 • • • EYMIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Resubdivision No. 1019 Findings: 1. That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. Resubdivision No. 1019 November 9, 1995 Page 5 jl 5. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 6. That provisions be made for a vehicle turn around on the flag lot; that the driveway to. the flag lot have a minimum paved width of 14 feet and that the design of the on -site parking be approved by the Traffic Engineer. The driveway grade for the flag lot conform to City standards and that the grades be approved by the Public Works Department. 7. That the intersection of the private drive and Hazel Drive be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That a minimum 15 foot wide easement for ingress, egress and public utility purposes be provided across Parcel No. 1 for the benefit of Parcel No. 2. 9. That County Sanitation District fees be paid prior to issuance of any building permits. is 10. That any cracked and displaced sections of curb, gutter and sidewalk be reconstructed along the Hazel Drive frontage under an encroachment permit issued by the Public Works • Department. 11. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. That all structures to be constructed on the flag lot be sprinklered per Fire Department requirements and that an easement be provided in Parcel No. 1 for the placement of the required fire detector check in a location that does not interfere with traffic sight distance from the driveways and as approved by the Public Works Department. 13. That the access rights to Glen Drive be dedicated to the City of Newport Beach. 14. That Glen Drive be vacated adjacent to Parcel No. 3 with the City retaining a drainage easement and a public utility easement for water and sewer purposes, unless otherwise approved by the Public Works Department. 15. That prior to the issuance of building permits on Parcel No. 2, the owner or owners shall record a covenant approved as to form by the City Attorney, which shall guarantee that no construction or landform alteration below the 85 foot contour line shall be permitted on the subject property. ResuMvision No. 1019 November 9,1995 Page 6 is �r 16. That prior to the issuance of building permits for Parcels No. 1, No. 2 and No. 3, said projects shall be subject to further review and approval by the Fire Department to address proximity of the proposed projects to the newly established property lines, fire resistive requirements, the protection of openings, and fire sprinklering. • 17. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 18. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. • 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 1019 � November 9,1993 Page 7 LOCATION: ZONE: APPLICANT: OWNER: Points and Authority 352 Hazel Drive, Parcel No. 1 of P.M. No. 93-186 and a portion of Parcel No. 1 of P.M. No. 85-257. R-1 and PC (Planned Community, a portion of the Summerhouse property) Kenneth J. Catanzarite, Anaheim Kenneth J. Catanzarite and So Cal IBEW-NECA Pension Plan, Anaheim and Los Angeles, respectively • Environmental Compliance (California Environmental Quality Act) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. After reviewing the proposed resubdivision, staff determined that the project falls under the criteria of the general rule. However, staff determined that the intent of the general rule would be satisfied only if the subdivision were conditioned to prohibit construction or landfolm alteration below the 85 foot contour, which is approximately 10-15 feet beyond the existing, curving, retaining wall on the property and approximately the same distance from Hazel Drive as the rear portion of the residence located at 336 Hazel Drive. If no development were permitted below this elevation contour, the portion of the property subject to development would not exceed 20 percent average slope. It is staffs understanding that the applicant is in agreement with such a condition establishing a setback line from Buck Gully based on the 85 foot contour, and staff has included the appropriate condition of approval in the attached Exhibit "A". Conformance with the General Plan and the Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate Parcel No. 3 and the northerly portions of Parcels No. 1 and No. 2 for "Retail and Service Commercial' uses. The remaining southerly portions of Parcels No. 1 and No. 2 are designated for "Single Family Residential" uses. Since the subject application will result in portions of proposed Parcels No. 1 and No. 2 being utilized for residential purposes, the applicant will need to obtain Planning Commission and City Council approval for a general plan amendment and a zone change amendment in order for the proposed project to be consistent with the General Plan and Zoning District. Those portions of Parcels No. 1 and No. 2 which are currently a part of Parcel No. 3, will need to be redesignated from "Retail and Service Commercial" uses to "Single Family Residential" uses, with a zone change from "P-C" to "R 1." A letter from the City Attorney's Office is attached for Commission review which address these issues and how they relate to the approval of this item prior to the aforementioned amendments. It should be noted that a districting map amendment may also be required of the applicant, should he wish to maintain building setbacks ResuMvision No. 1019 November 9,1995 Page 8 is • • other than the required 20 foot front and the 4 foot side yard setbacks that are required by Title 20 of the Municipal Code for the development of Parcel No. 2. Since this property is located in the Coastal Zone, Coastal Commission approval will be • required prior to the recordation of the parcel map. • Bagkgmund On January 20, 1994, the Planning Commission approved Resubdivision No. 1002, which was a request to resubdivide five lots, a portion of a sixth lot and portions of a vacated alley and a vacated street into three parcels of land for residential purposes. The applicant is now requesting that one of those three parcels be subdivided into the proposed Parcel No. 1 and No. 2, and that the lot line be adjusted between these parcels and proposed Parcel No. 3. Resubdivision No. 1019 \ November 9,1995 Page 9 AMERICAN REALTY ADVISORS October 20, 1995 Via Facsimile Transmission First Class Mail Mr. Jay Garcia Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Re: Southern California IBEW-NL-CA Pension Plan Corona del Mar, California Subdivision Tentative Parcel Map No. 95-178 352 Hazel Drive, Corona Del Mar Dear Mr. Garcia: 1%&- . N. {PLANNING DEPARTNIEN� ';I � Y OF NFWPORT BEAC OCT 2._ 1993 AM 718191@IU1121112131415i6 This letter shall serve to confirm your conversation today with our counsel, Rensselaer J. Smith IV of Nossaman, Guthner, Knox & Elliot. The undersigned, IBEW-NECA Pension Plan ("Seller"), is the owner of real property located in the Corona del Mar area of the City located at 3901 E. Pacific Coast Highway and more particularly described as Parcel 1 of Parcel Map No. 85-257. We are aware that Kenneth J. Catanzarite has filed an application with the City for the processing of a tentative parcel map over his property which is adjacent to our property. That parcel map includes property in which we have a record title interest, but in which Mr. Catanzarite claims he has certain rights. As a result, Mr. Catanzarite has initialed litigation regarding his rights to the disputed area and has filed a lis pendens over a portion of our property. Seller has been attempting to arrive at a mutually agreeable settlement of this dispute by which title to the disputed strip would be transferred to Mr. Catanzarite. At the present time, however, Seller has entered into an escrow with James C. Thomas, Jr., M.D. ("Buyer"), for the purchase of our property, and Seller understands that Buyer is agreeable to such a transfer in return for the grant of certain rights in, to or over Mr. Catanzarite's property in favor of our property. If that escrow fails to close. however. Seller would be unwilling, at present, to transfer title to the disputed strip to Mr. Catanzarite. • Nonetheless, in an effort to reach a good faith settlement of the litigation, Seller is willing to conditionally consent to (i) the preparation of the parcel map which includes the disputed strip • owned by us and (ii) Mr. Catanzarite making application for a tentative parcel map. Accordingly, pursuant to Government Code Section 66445(e) and Newport Beach Municipal Code Section 19.16.100(a), Seller hereby conditionally consents to the preparation of the parcel map and Mr. Catanzarite making application for a tentative parcel map; provided, however, that should escrow for the sale of Seller's property to Buyer fail to close, Seller may withhold its consent and refuse to sign the final parcel map, in which case, it is Seller's understanding that, 700 North Brand Bo:, -?:ard • Suite 300 - Glendale. California 91203 (8181 5-: -":2 • 18I8) 545-8460 F2cs!e A r- - - � Mr. Jay Garcia October 20, 1995 Page 2 • despite Planning Commission or City Council approval of the parcel map, the parcel map may not be recorded with the office of the Orange County Recorder or otherwise become final and effective. Should you have any comments or questions about this matter, please do not hesitate to contact US. Very truly yours, THE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: AMERICAN INSTITUTIONAL REALTY ADVISORS, a California Corporation doing business as American Realty Advisors • Its: Authorized Agent By: .\ Name: 14. � Title: r.�s.clenrt. Asset Mgm3en-,zfi` • cc: Mr. Russell Arnold Kenneth Catanzarite, Esq. Mr. Stanley Iezman Matthew Kissane, Esq. Mr. James McKenna Rensselaer Smith, IV, Esq. Dr. James Thomas Mr. William Todd kecAfAAw\ihcw\corona.1tr William M. Todd Consulting Developer, SummerHouse c/o Brand Interests, Inc. 200 East Sandpointe, Ste 810, Santa Ana, CA 92707 FAX (714) 437-9338 Phone: (714) 437-7700 • Ken Delino, Assistant City Manager c/o Jay Garcia, Senior Planner 3300 Newport Blvd. Newport Beach, CA 92659-1768 Subject: SummerHouse CUP #:3561 Re: Mr. Catanzarite proposed lot line adjustment and split that will result in two residential parcels. Dear Mr. Delinio and Planning Department, As Dr. Thomas' Executive Developer, I am representing him regarding issues that impact the building and operation of SummerHouse (conditional use permit application number 3561). Mr. Catanzarite and his architect have met with the SummerHouse Construction Managers, Tom Manok and Si Teller, and mysel an attempt to come to some agreement that would mutually benefit each others real properties/projects. . a result of those meetings Mr. Catanzarite is submitting an application for a lot spl it/re subdivision of his property. This can have either or both a positive and negative impact on the SummerHouse property. Much depends on the City's conditions for the granting of final approval. We have no objection to his initiation the resubdivision process but our final agreement to his plan is subject to our review and formal approval of the documents. We are continuing to work with Mr. Catanzarite and consultants. Our goal is an agreement, acceptable to the city, which will resolve all issues and positively impact our respective properties. Repectfully Submitted, William M. Todd Consulting Developer cc: Kenneth Catanzarite, Teller-Manok, Dr. Thomas and Frank Vandenberg • r AA ,l • CITY OF NEWPORT BEACH • OFFICE OF THE CITY ATTORNEY November 2, 1995 TO: Chairman and Members of the Planning Commission FROM: Bob Burnham, City Attorney RE: Cantanzarite vs. CNB, et al. Resubdivision # 1019 The City of Newport Beach has been served with a lawsuit filed by Kenneth Cantanzarite. Cantanzarite is the owner of a relatively large parcel located adjacent to the Summerhouse development. Cantanzarite and Summerhouse have entered into an agreement in concept that resolves the issues that resulted in litigation. This conceptual agreement involves an equal exchange of land between the parcels and other concessions which the parties will improve their respective projects and minimize the construction impacts associated with development of the Summerhouse project. City staff supports the agreement and we anticipate City Council approval on November 13, 1995. Approval of Resubdivision 1019 is a necessary component to the settlement of this lawsuit. We anticipate the litigation will be resolved pursuant to a stipulation filed with the Court. The stipulation will result in a court order requiring minor adjustments to the land use maps in the General Plan, and Zoning Ordinance to conform to the new boundary between commercial and residential uses. This court order will insure consistency between the Resubdivision and the General Plan/Zoning Ordinance. RB:wb • wb\bbpincom.mem / COMMISSIONERS • MINUTES ROLL • • CITY OF NEWPORT BEACH November 9, 1995 INDEX MacArthur Boulevard to six lanes, as outlined ,dfe Circulation Element of the General Plan. 101. That the MacArthur Boulevar drive shall be relocated to a point southerly of thS)Rtdfisection of MacArthur Boulevard and Harbor View Dri , reflected on the approved site plan, and shall be limi�tedjht-tum ingress only. SUBJECT: Kenneth J. Catanzarite 'Its em 5 352 Hazel Drive Resubdivision No. 1019 'xBsuB 1019 Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and De; nied one for commercial development. �I This Item was taken out of order and considered ahead of Item No. 4. Staff had no additional comments to make. Public Hearing was Opened. Mr. Kenneth J. Catanzarite, 1 Canyon Court, Newport Beach - agreed to the conditions and findings in the staff report. Commissioner Thomson asked if the applicant had worked out this resubdivision with the adjacent property owner and come to terms with them on this entire issue. Mr. Catanzarite stated he has an agreement in principle and that it is being circulated. The City's attorney has approved the language involving the City, and Mr. Catanzarite has been in contact with both the IBEW and their counsel and with Mr. Todd who is the developer for Mr. Thomas. The agreement is expected to be concluded tomorrow or by Monday morning. -61- COMMISSIONERS • MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL ALL I i INDEX iThe indication was that the resubdivision was approved subject to the adjacent property owner signing off on the settlement document. Mr. Herbert Melman, owner of parcel on beach side immediately adjacent to the proposed subdivision spoke in opposition to this project. When these properties were purchased, the implication was that these were for single family residences. Now, this proposal is to turn one generous lot into two small, inadequate lots. The greatest amount of land within those boundaries is actually non -buildable property on the slope into Buck Gully. In order for i I ; the proposed house to be built on the gully side of the subdivision, there would be very little flat land space for parking or turn around. His property is adjacent and he is building one residence only having to use all the space I for that single construction. This resubdivision is an inappropriate use of space and feels the value of other homes on street will be decreased. i In order for this land swap to occur, it will require some changes in the • landscape buffers for the Summerhouse project. The landscape buffers toward the gully and neighborhood across the gully will have to be ! redesigned. He is opposed to this resubdivision. However, if this resubdivision is approved by the Commission, he is asking for adequate II ; landscape buffers to be required in order to eliminate neighborhood impacts. He indicated on the map, the retaining wall and his adjacent property in II relation to the buildable land. ' Chairman Ridgeway asked about the size of the land from the 85 ft. level up to the backside of Parcel 1 and what is the buildable area? 1 The applicant's engineer was not present, and Mr. Catanzarite was unable I to answer the questions. Chairman Ridgeway asked if there would be any problems with extra buffering. Mr. Catanzarite said he had no problem accommodating Mr. Melman as it is not his intention to reduce landscaping. I i Summerhouse is interested in the project as it will provide light and air to their lower unit that would normally have been down in the hole below • ( grade to the north of Mr. Catanzarite's property line. He pointed out that �I there is a concession that the Summerhouse project called for, a view ! +�+ corridor. Mr. Catanzarite's buildable lot at the 85 ft. contour would have it -62- I \'y -CGMMISSIONERS • • MINUTES �'so l9oc� �9 �90 . \�\�F,9,y�a9� CITY OF NEWPORT BEACH ti 9��.�F`o�., November 9, 1995 ROLL CALL I i INDEX j permitted construction into the view corridor and blocking same. The concession with Summerhouse is that Mr. Catanzarite will agree to a height restriction that will preserve the view corridor which the City wanted. Mr. Dan Wiseman 336 Hazel Drive - spoke in opposition of the subdivision. He stated that this subdivision would result in an inappropriate use of the property and that the sizes of the proposed residential parcels would not be consistent with the residential properties within the surrounding neighborhood. He further stated that the applicant is Irequesting a General Plan Amendment so that he can acquire 6 1/2 feet j from Summerhouse so this project could go forward. The lot line dispute j I I with Summerhouse is being leveraged against the City. He then compared his lot and residence size to the lot and residence sizes Mr. Catanzarite is proposing. The also is the issue of a separation wall between a residential and commercial property that would result in a site impact coming out of P PertY P the parcels easement for the driveway. Parcel 2 as a condition would have • to have fire sprinklers, indicating it is too far from the fire hydrant or there is �I � a concession due to a lack of turn around at the end of the property. ' I Assistant City Attorney Clauson addressed the issue of conformity. This application is part of or in conjunction with litigation and the concept is that I I ! in connection with that litigation, the City would participate in, with the stipulation the Court that would result in a court order conforming the new I boundaries between the residential and commercial use. This court order would order that this would be considered in conformitywith the General I Plan zoning. The court has jurisdiction over our zoning as far as settlement, � Iif the City agrees. Therefore, a formal General Plan Amendment initiated by the City is not needed. This resubdivision has been worked through with j staff and the City attorney's office. Mr. Stanley Barons, neighbor two doors down - addressed the Commission I stating that when he first looked into this area to buy, he looked at the lot Mr. Catanzarite is proposing the resubdivision on. W. Barons stated that ! the lot goes straight down the hill (50 to 60%) and is unacceptable to build • j on. His own lot is about 6,500 sq. ft. with a 3,500 sq. ft. house plus a 440 sq. ft. garage. He then handed to the Commission pictures of the lot in -63- 1 - CO''IMISSIONERS 1p tip 11p\0\F\9\ s fi- MINUTES lJ CnY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX question. He spoke on environmental and turn around issues, stating this lot is the one exception. The issue of devaluation must be considered. Public Hearing was Closed. Commissioner Adams asked staff where the line was for the front yard set back He was answered that it is along the common line between the two parcels. One of the follow up actions, if approved, would be to adjust the districting maps to establish set backs on the second parcel. Chairman Ridgeway asked for the consequences if this was not approved. If the Planning Commission does not approve, the applicant has the right to appeal the action to the City Council. ff not approved by the City Council, ' the City being involved in the lawsuit would be affected in the settlement. j I The City is involved because it was served with the lawsuit due to its I previous approval of the Summerhouse project. Commissioner Selich stated this was not an appropriate land use of this property. If not for the lawsuit, he would reject it out of hand. i Commissioner Thomson spoke in favor of those two homes on the parcel to buffer the neighborhood from the Summerhouse project. Mr. Catanzarite is working out differences with the lot lines. Commissioner Thomson stated he is in favor of this resubdivision stipulating that the City would be removed from the law suit if this is allowed. Motion * Commissioner Pomeroy stated that this was not good planning. Regardless of the law suit made motion to deny. Chairman Ridgeway also commented that this was poor planning and therefore was in opposition to this resubdivision. Absent * MOTION CARRIED. 1 No, 1 Absent and 5 Ayes. * * * * * Planning Commission recessed for five minutes. -64- i- CrrY OF NEWP. T BEACH Hearing Date: �a�°1PpRr p \B PLANNING\BUILDING DEPARTMENT Agenda Item No.: 33oo NEWPORT BOULEVARD Staff Person: NEWPORT BEACH, CA 92650 (V4) 644-V—, FAX (V4) 644-V5O REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Kenneth J. Catanzarite - applicant 352 Hazel Drive ' December 11, 1995 31 Dana Aslami (714) 644-3212 SUNIlVIARY: Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. REQUIFtED APPROVALS: If desired, sustain, modify or reverse the decision of the Planning Commission in regard to: • Resubi ivision No.1019 (Public Hearing) A revised subdivision map has been delivered to the City, and is attached to this report for the consideration of the City Council. The revisions to the map constitute the refinement of the land exchange between the applicant and the property owner to the north. The basic concept of the subdivision remains the same, and is in substantial conformance with the plan reviewed by the Planning Commission. PLANNINGBUELDING DEPARTMENT w By Dana O. Aslami Associate Planner Attachments: Revised Tentative Parcel Map • • TOLLING AGREEMENT THIS AGREEMENT is made and entered into as of November 13, 1995 by and between Kenneth J. Catanzarite ("Catanzarite"), the City of Newport Beach, California ("City"), and James C. Thomas, Jr., M.D. ("Developer") with reference to the following facts: A. Catanzarite owns the real property and improvements at 352 Hazel Drive in the. City. which property is adjacent to an undeveloped tract on East Pacific Coast Highway in the City (the "Summerhouse Property"). B. On or about August 28, 1995 the City Council of City heard Catanzarite's appeal of a decision of City's Planning Commission to grant Use Permit No. 3651 (the "Use Permit"),. with a modification of i the Zoning Code, to permit Developer to build an 84 unit elderly personal care facility on the Summerhouse Property. C. City Council of City denied Catanzarite's appeal and granted the Use Permit. D. Catanzarite has until November 22, 1995 to bring a petition for writ of mandate in the Orange County Superior Court for judicial review of the decision of the City Council of City to grant the subject Use Permit.. E. Catanzarite, City and Developer are in discussions to compromise and settle all outstanding issues among them. 0777.619.01 (JTT95111301.619) F. In order to afford sufficient time to conclude such discussions and to document the settlement among them, City and Catanzarite have agreed that the period of limitations for bringing a petition for writ of mandate for review of City's grant of the Use Permit shall be tolled and extended from November 22, 1995 to and including February 28, 1996. Agreement THEREFORE, in consideration of the foregoing, in conformance with Code Civ. Proc., § 360.5, and intending to be legally bound, the parties hereto agree that the period of limitations in which Catanzarite shall be required to bring a petition for writ of mandate in the Orange County Superior Court for judicial for judicial review of City's approval of the Use Permit shall be and is hereby extended to and including February 28, 1996. IN WITNESS WHEREOF, the parties have signed and delivered this Agreement as of the dad and year first. above written. CITY OFAEWPORT BEACH DEVELOPER: Robert H. Burnham,-.. James C. Thomas, Jr., M.D. City Attorney By: William "Bill" M. Todd, Authorized Signatory Agent and attorney -in -fact CATANZA 0777.619.01 (JTR95111301.619) 2. �►�� ,'°Rr CITY OF NEWPOICT BEACH 0 PLANNING\BUILDING DEPARTMENT 3 • i'= 33°O NEWPORT BOULEVARD NEWPORT BEACH, CA 92650 (714) 644-32ooi FAX (714) 644-3250 Hearing Date: Agenda Item No.: Staff Person: Period: REPORT TO THE PLANNING COMMISSION SUBJECT: Kenneth J. Catanzarite - applicant 352 Hazel Drive November 9, 1995 5 Dana Aslami (714) 644-3212 14 days SUMMARY: Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and one for commercial development. REQUIRED APPROVALS: If desired, approve, modify or deny: • Resubi ivision No. 1019 (Public Hearing), procedures are set forth in Section 19.12.040 of the Municipal Code. 1. Annropriateness of the Proposed Resubdivision/Neighborhood Compatibility: Does the residential development proposal represent an appropriate use of the property, and would the development which results from the resubdivision be consistent with the surrounding neighborhood. This issue is discussed in the Analysis Section of this report. /L • VICMTY" V Y N�4r/eMl.wd,OO!,W lI7K4 R./A/-1 �r-A XCACr WJ* M • e...i'.w qd.,r Ir-A, rrArr ?If ww+v mrrr IlftN A#AW nro.N I-i !b w- Resubdivision No. 1019 � 1 7TE: MD co ucT ON kTlMT.oN THE CO —1 q�aCEL OF ?1.16 MSL O ^^P�+�-1 a. (RE3 . "'ISION no.1002Li SNALL SE PERrUTMO The subject property is developed with a single family dwelling. To the northeast is a vacant parcel which fronts along Fast Coast Highway and is the future site for the Summerhouse Senior project; to the southeast, across Buck Gully, are residential uses; to the southwest are two new residential projects which are currently in the development stage; and to the northwest, across Hazel Drive, are residential uses. Resubdivision No. 1019 November 9, 1995 Page 2 ANALYSIS SUACKARY The proposed request involves the subdivision of what is currently one residential parcel into two residential parcels; one will front on Hazel Drive (Parcel No. 1) and the other will take access across the first parcel via a recorded access easement and is to be located directly behind the first parcel, abutting Buck Gully (Parcel No. 2). The existing residential parcel currently has a street frontage of 50 feet along Hazel Drive. The applicant is requesting to adjust the lot line between this parcel and that of the commercial property to the north so as to create a total street frontage of 56.5 feet for the residential parcel along Hazel Drive. This additional land obtained from the commercial parcel to the north will serve as a portion of the proposed access easement across Parcel No. 1 for the new residential Parcel No. 2, which is proposed along Buck Gully. Staff is of the opinion that the proposed resubdivision and the resulting residential development represents an appropriate use of the property, and that the sizes of the proposed residential parcels are consistent with the residential properties within the surrounding neighborhood. Park Dedication Requirement In accordance with Section 19.50.020 of the Municipal Code, as a condition of approval of a parcel map, the subdivider is required to pay an in -lieu fee for each new dwelling unit to be created in conjunction with the parcel map. Inasmuch as the approval of this application would result in the creation of a new single family residential parcel, the proposed development will result in a net increase of one dwelling unit on the subject property. Therefore, the applicant will be required to pay an in -lieu park dedication fee for one dwelling unit, prior to recordation of the parcel map. The fee is currently $6,894.37 per new dwelling unit. Specific Findings and Recommendations Section 19.12.040 (D) of the Newport Beach Municipal Code provides that the Planning Commission shall make specific findings in order to approve or disapprove a resubdivision. Should the Planning Commission wish to approve this application, the findings and conditions set forth in the attached Exhibit "A" are suggested. In accordance with Section 66474 of the Subdivision Map Act, a legislative body of a city or county shall deny approval of a tentative map, or a parcel map for which a tentative map was not required, if it makes any of the following findings: (a) That the proposed map is not consistent with applicable general and specific plans. (See Appendix, "Conformance with the General Plan") (b) That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans. (c) That the site is not physically suitable for the type of development. (d) That the site is not physically suitable for the density of development. Resubdivision No. 1019 November 9,1995 Page 3 • • (e) That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (fl That the design of the subdivision or type of improvements is likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. It is staffs opinion that none of the above findings may reasonably be made in this case, and therefore no exhibit for denial has been provided. However, should information be presented at the public hearing which would warrant the denial of this application, the Planning Commission may wish to take such action. PLANNING DEPARTMENT KENNETH J. DELINO, Director By Lail ) � ()-,1 l i;�� �✓1;�,L1'b°tit Dana O. Aslami Associate Planner Attachments: Exhibit "A" Appendix Letter from The Southern California IBEW-NECA Pension Plan Letter from Consulting Developer, Summerhouse Project Letter from the Office of the City Attorney Tentative Parcel Map ...\1PUBNOTN951109\R1019.DOC Resubdivision No. 1019 November 9,1995 Page 4 EXHIBIT "A" FINDINGS AND CONDITIONS OF APPROVAL FOR Resubdivision No. 1019 Findings: That the design of the subdivision will not conflict with any easements acquired by the public at large for access through or use of the property within the proposed subdivision. 2. That the map meets the requirements of Title 19 of the Newport Beach Municipal Code, all ordinances of the City, all applicable general or specific plans and the Planning Commission is satisfied with the plan of subdivision. 3. That the proposed resubdivision presents no problems from a planning standpoint. 4. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. Conditions: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. Resubdivision No. 1019 November 9, 1995 Page 5 5. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 6. That provisions be made for a vehicle turn around on the flag lot; that the driveway to. the flag lot have a minimum paved width of 14 feet and that the design of the on -site parking be approved by the Traffic Engineer. The driveway grade for the flag lot conform to City standards and that the grades be approved by the Public Works Department. 7. That the intersection of the private drive and Hazel Drive be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That a minimum 15 foot wide easement for ingress, egress and public utility purposes be provided across Parcel No. 1 for the benefit of Parcel No. 2. 9. That County Sanitation District fees be paid prior to issuance of any building permits. 10. That any cracked and displaced sections of curb, gutter and sidewalk be reconstructed along the Hazel Drive frontage under an encroachment permit issued by the Public Works Department. 11. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 12. That all structures to be constructed on the flag lot be sprinklered per Fire Department requirements and that an easement be provided in Parcel No. 1 for the placement of the required fire detector check in a location that does not interfere with traffic sight distance from the driveways and as approved by the Public Works Department. 13. That the access rights to Glen Drive be dedicated to the City of Newport Beach. 14. That Glen Drive be vacated adjacent to Parcel No. 3 with the City retaining a drainage easement and a public utility easement for water and sewer purposes, unless otherwise approved by the Public Works Department. 15. That prior to the issuance of building permits on Parcel No. 2, the owner or owners shall record a covenant approved as to form by the City Attorney, which shall guarantee that no construction or landform alteration below the 85 foot contour line shall be permitted on the subject property. Resubdivision No. 1019 November 9,1995 Page 6 16. That prior to the issuance of building permits for Parcels No. 1, No. 2 and No. 3, said projects shall be subject to further review and approval by the Fire Department to address proximity of the proposed projects to the newly established property lines, fire resistive requirements, the protection of openings, and fire sprinklering. 17. That Coastal Commission approval shall be obtained prior to the recordation of the parcel map. 18. That a park dedication fee for one dwelling unit shall be paid in accordance with Chapter 19.50 of the Municipal Code. 19. That this resubdivision shall expire if the map has not been recorded within 3 years of the date of approval, unless an extension is granted by the Planning Commission. Resubdivision No. 1019 November 9,1995 Page 7 LOCATION: 352 Hazel Drive, Parcel No. 1 of P.M. No. 93-186 and a portion of Parcel No. 1 of P.M. No. 85-257. ZONE: R 1 and PC (Planned Community, a portion of the Summerhouse property) APPLICANT: Kenneth J. Catanzarite, Anaheim OWNER: Kenneth J. Catanzarite and So Cal IBEW-NECA Pension Plan, Anaheim and Los Angeles, respectively • Environmental Compliance (California Environmental Quality Act) The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. After reviewing the proposed resubdivision, staff determined that the project falls under the criteria of the general rule. However, staff determined that the intent of the general rule would be satisfied only if the subdivision were conditioned to prohibit construction or landform alteration below the 85 foot contour, which is approximately 10-15 feet beyond the existing, curving, retaining wall on the property and approximately the same distance from Hazel Drive as the rear portion of the residence located at 336 Hazel Drive. If no development were permitted below this elevation contour, the portion of the property subject to development would not exceed 20 percent average slope. It is staffs understanding that the applicant is in agreement with such a condition establishing a setback line from Buck Gully based on the 85 foot contour, and staff has included the appropriate condition of approval in the attached Exhibit "A". • Conformance with the General Plan and the Local Coastal Program The Land Use Element of the General Plan and the Local Coastal Program Land Use Plan designate Parcel No. 3 and the northerly portions of Parcels No. 1 and No. 2 for "Retail and Service Commercial' uses. The remaining southerly portions of Parcels No. 1 and No. 2 are designated for "Single Family Residential" uses. Since the subject application will result in portions of proposed Parcels No. 1 and No. 2 being utilized for residential purposes, the applicant will need to obtain Planning Commission and City Council approval for a general plan amendment and a zone change amendment in order for the proposed project to be consistent with the General Plan and Zoning District. Those portions of Parcels No. 1 and No. 2 which are currently a part of Parcel No. 3, will need to be redesignated from "Retail and Service Commercial" uses to "Single Family Residential" uses, with a zone change from "P-C" to "R L" A letter from the City Attorney's Office is attached for Commission review which address these issues and how they relate to the approval of this item prior to the aforementioned amendments. It should be noted that a districting map amendment may also be required of the applicant, should he wish to maintain building setbacks ResuMvision No. 1019 November 9, 1995 Page 8 CITY OF NEWPORT BEACH OFFICE OF'THE CITY ATTORNEY November 2, 1995 TO: Chairman and Members of the Planning Commission FROM: Bob Burnham, City Attorney RE: Cantanzarite vs. CNB, et al. Resubdivision # 1019 The City of Newport Beach has been served with a lawsuit filed by Kenneth Cantanzarite. Cantanzarite is the owner of a relatively large parcel located adjacent to the Summerhouse development. Cantanzarite and Summerhouse have entered into an agreement in concept that resolves the issues that resulted in litigation. This conceptual agreement involves an equal exchange of land between the parcels and other concessions which the parties will improve their respective projects and minimize the construction impacts associated with development of the Summerhouse project. City staff supports the agreement and we anticipate City Council approval on November 13, 1995. Approval of Resubdivision 1019 is a necessary component to the settlement of this lawsuit. We anticipate the litigation will be resolved pursuant to a stipulation filed with the Court. The stipulation will result in a court order requiring minor adjustments to the land use maps in the General Plan, and Zoning Ordinance to conform to the new boundary between commercial and residential uses. This court order will insure consistency between the Resubdivision and the General Plan/Zoning Ordinance. RB:wb wb\bbpincom.mem CITY OF NEWPORT BEACH OFFICE OF THE CITY ATTORNEY November 2, 1995 TO: Chairman and Members of the Planning Commission FROM: Bob Burnham, City Attorney RE: Cantanzarite vs. CNB, et al. Resubdivision # 1019 The City of Newport Beach has been served with a lawsuit filed by Kenneth Cantanzarite. Cantanzarite is the owner of a relatively large parcel located adjacent to the Summerhouse development. Cantanzarite and Summerhouse have entered into an agreement in concept that resolves the issues that resulted in litigation. This conceptual agreement involves an equal exchange of land between the parcels and other concessions which the parties will improve their respective projects and minimize the construction impacts associated with development of the Summerhouse project. City staff supports the agreement and we anticipate City Council approval on November 13, 1995. Approval of Resubdivision 1019 is a necessary component to the settlement of this lawsuit. We anticipate the litigation will be resolved pursuant to a stipulation filed with the Court. The stipulation will result in a court order requiring minor adjustments to the land use maps in the General Plan, and Zoning Ordinance to conform to the new boundary between commercial and residential uses. This court order will insure consistency between the Resubdivision and the General Plan/Zoning Ordinance. RB:wb wb\bbpincom.mem f November 1 1995 TO: PLANNING DEPARTMENT FROM: PUBLIC WORKS DEPARTMENT SUBJECT: RESUBDIVISION NO. 1019 FINDINGS & CONDITIONS OF APPROVAL FINDINGS: That the design of the subdivision improvements will not conflict with any easements acquired by the public at large for access through or use of property within the proposed subdivision. 2. That public improvements may be required of a developer per Section 19.08.020 of the Municipal Code and Section 66415 of the Subdivision Map Act. CONDITIONS: 1. That a parcel map be recorded prior to issuance of Building Permits unless otherwise approved by the Public Works and Planning Departments. The parcel map shall be prepared on the California coordinate system (NAD83) and that prior to recordation of the parcel map, the surveyor/engineer preparing the map shall submit to the County Surveyor and the City of Newport Beach a digital -graphic file of said map in a manner described in Section 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 2. That prior to recordation of the parcel map, the surveyor/engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Section s 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. Monuments (one inch iron pipe with tag) shall be set On Each Lot Corner unless otherwise approved by the Subdivision Engineer. Monuments shall be protected in place if installed prior to completion of construction project. 3. That all improvements be constructed as required by Ordinance and the Public Works Department. 4. That arrangements be made with the Public Works Department in order to guarantee satisfactory completion of the public improvements, if it is desired to record a parcel map or obtain a building permit prior to completion of the public improvements. S. That each dwelling unit be served with an individual water service and sewer lateral connection to the public water and sewer systems unless otherwise approved by the Public Works Department and the Building Department. 6. That provisions be made for a vehicle turn around on the flag lot; that the driveway to the flag lot have a minimum paved width of 14 feet and that the design of the on -site parking be approved by the Traffic Engineer. The driveway grade for the flag lot conform to City standards and that the grades be approved by the Public Works Department. 7. That the intersection of the private drive and Hazel Drive be designed to provide sight distance for a speed of 30 miles per hour. Slopes, landscape, walls and other obstruction shall be considered in the sight distance requirements. Landscaping within the sight line shall not exceed twenty-four inches in height. The sight distance requirement may be modified at non -critical locations, subject to approval of the Traffic Engineer. 8. That a minimum 15 root wide easement for ingress, egress and public utility purposes be provided across parcel 1 for the benefit of parcel 2. 8. That County Sanitation District fees be paid prior to issuance of any building permits. 9. That any cracked and displaced sections of curb, gutter and sidewalk be reconstructed along the Hazel Drive frontage under an encroachment permit issued by the Public Works Department. 10. Disruption caused by construction work along roadways and by movement of construction vehicles shall be minimized by proper use of traffic control equipment and flagmen. Traffic control and transportation of equipment and materials shall be conducted in accordance with state and local requirements. 11. That all structures to be constructed on the flag lot be sprinklered per Fire Department requirements and that an easement be provided in Parcel 1 for the placement of the required fire detector check in a location that does not interfere with traffic sight distance from the driveways and as approved by the Public Works Department. *12. That the access rights to Glen Drive be dedicated to the City of Newport Beach. *13. That Glen Drive be vacated adjacent to Parcel 3 with the City retaining a drainage easement and possibly a public Utility easement for water and sewer purposes if deemed necessary. * ADDITIONAL CONDITIONS plan-com\res 1019.con CITY OP 1�EWPORT BEACH OFFICE OF THE CITY ATTORNEY P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714)644-3131 October 27, 1995 Kenneth J. Cantanzarite, Esq. Cantanzarite Law Corporation 2331 West Lincoln Avenue Anaheim, CA 92801 Re: Subdivision 1019 Dear Mr. Cantanzarite: I have the following comments on your fifteen (15) page fax transmitted to my office at 12:22 p.m. on 10/27/95. 1. I represent the City of Newport Beach and do not give legal advice directly to private parties without staff request or involvement. 2. To your primary complaint of the failure of staff to help you implement a compromise between private property owners. You have apparently chosen a parcel map as the vehicle for implementing this compromise without considering the zoning or general plan designations of the property depicted on the map. I was not aware of any compromise until I received your FAX and I assume Mr. Garcia is in the same position. In fact,, your letter and attachments fail to describe the compromise other than to suggest it involves a transfer of an equivalent area between adjacent property owners. City staff is obviously at a disadvantage when it* comes to implementing a compromise about which they have no information. 3. I would be happy to meet with.you if requested to do so by the Planning staff. However, the tone of your letter and the events you describe suggest that you are trying to set the stage for a claim for damages against the City. Accordingly, all discussions with staff should be considered confidential pursuant to the provisions of section 1152 and 1152.5 of the Evidence Code. In addition, all interested parties must attend each meeting with staff. Very truly yours, Robert H. Burnham City Attorney RB:wb CC: Ken Delino Jay Garcia Patricia Temple 3300 Newport Boulevard, Newport Beach OCT-27-1995 12:06 CATANZARITE LAW CORP. P.01/02 r , CAT WARITE LAW CORPORATION 2331 Wes[ Lincoln Avenue ' Anaheim, California 92801 Tel: (714) 520-SS44 Fax: (714)520-0680 T.ELECOPIER TRANSMTI"!'AL COVER SHEET IMPORTANT NOTICE THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED. IT MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND E7MMPT FROM DISCLOSURE UNDER LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RF..CIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING TFIE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE, AND RETURN TIME ORIGINAL MESSAGE TO US AT THE ABOVE ADDRESS VIA UNITED STATES POSTAL SERVICE. THANK YOU. DATE: October 27, 1995 TO: Javier S. Garcia Telecopier Number: (714) 644-3250 FROM: Kenneth J. Catanzarite, Esq. RE: Re -subdivision Map No. 1019 Ref. No. Number of Pages (including cover sheet): 2 If you do not receive all the material, please call Terry at (714) 520-5544, immediately. Message: Time Sent: Verified by Phone: Yes/No Mailed Hard Copy: Yes/No OCT-27-1995 12:06 October 27, 1995 CP'''ZAR I TE LAW CORP. AqN"NETH J. CATANZARITE 16 I CANYON COURT NEWPORr BEACH, CA 92660 171 4) 520-5544 FACSIMILE: (714) 520.0680 VIA FACSIMILE (714) 644-3250 Mr. Javier S. Garcia Senior Planner City of Newport Beach P.O. Box 1768 Newport Beach, CA 92658-8915 RE: Re -subdivision Map No. 1019 Dear Mr. Garcia: On Thursday, October 26, I received a call from my architect, Vincent Debiasi. He related to me that you had left a voice mail message to the effect that we should send you a letter pulling our application. I was away from the office all day Thursday_ When I finally spoke with Mr. Debiasi, I told him that that was unacceptable, that no such letter was authorized and that I intended to proceed on November 9. I told him to call your office and advise you of the same. P.02/02 On Friday, October 27, Mr. Debiasi again called me and informed me that you had left a responsive message to his message on his voice machine, this time saying that you had "pulled the application from the calendar from the November 9, 1995 meeting." Please be advised that we intend to proceed with the our application at the November 9, 1995 meeting. We have timely filed and provided all fees and information required to be heard on November 9. It is my view that you had no authority to fail to properly notice or to pull our application. I suggest that you find a means of effecting proper notice and place us appropriately on the calendar. I trust this explains my position and look forward to my hearing on November 9 and the final staff comments. Very truly yours, Kenneth J. Catanzarite KJC:mf c: Vincent Debiasi via fax (714) 673-5952 TOTAL P.02 William M. Todd Consulting Developer, SummerHouse c/o Brand Interests, Inc. 200 East Sandpointe, Ste 810, Santa Ana, CA 92707 FAX (714) 437-9338 Phone: (714) 437-7700 Ken Delino, Assistant City Manager c/o Jay Garcia, Senior Planner 3300 Newport Blvd. Newport Beach, CA 92659-1768 Subject: SummerHouse CUP #:3561 Re: Mr. Catanzarite proposed lot line adjustment and split that will result in two residential parcels. Dear Mr. Delinio and Planning Department, As Dr. Thomas' Executive Developer, I am representing him regarding issues that impact the building and operation of SummerHouse (conditional use permit application number 3561). Mr. Catanzarite and his architect have met with the SummerHouse Construction Managers, Tom Manok and Si Teller, and myself in an attempt to come to some agreement that would mutually benefit each others real properties/projects. As a result of those meetings Mr. Catanzarite is submitting an application for a lot split/resubdivision of his property. This can have either or both a positive and negative impact on the SummerHouse property. Much depends on the City's conditions for the granting of final approval. We have no objection to his initiation the resubdivision process but our final agreement to his plan is subject to our review and formal approval of the documents. We are continuing to work with Mr. Catanzarite and consultants. Our goal is an agreement, acceptable to the city, which will resolve all issues and positively impact our respective properties. Repectfully Submitted, William M. Todd Consulting Developer cc: Kenneth Catanzarite, Teller-Manok, Dr. Thomas and Frank Vandenberg COMMISSIONERS MINUTES ROLL CALL CITY OF NEWPORT BEACH November 9, 1995 INDEX MacArthur Boulevard to six lanes, as outlined in the Circulation Element of the General Plan. 101. That the MacArthur Boulevard access drive shall be relocated to a point southerly of the intersection of MacArthur Boulevard and Harbor View Drive, as reflected on the approved'site.plan, and shall be limited to right -turn ingress only. SUBJECT: Kenneth J. Catanzarite (Item 5 352 Hazel Drive I Resubdivision No. 1019 IRESUB 1019 Resubdivision of an existing single family lot and a portion of a commercial parcel into three parcels, two for single family residential development and Denied one for commercial development. j This Item was taken out of order and considered ahead of Item No. 4. Staff had no additional comments to make. I Public Hearing was Opened. Mr. Kenneth J. Catanzarite, 1 Canyon Court, Newport Beach - agreed to the conditions and findings in the staff report. Commissioner Thomson asked if the applicant had worked out this resubdivision with the adjacent property owner and come to terms with them on this entire issue. Mr. Catanzarite stated he has an agreement in principle and that it is being circulated. The City's attorney has approved the language involving the City, and Mr. Catanzarite has been in contact with both the IBEW and their counsel and with Mr. Todd who is the developer for Mr. Thomas. The agreement is expected to be concluded tomorrow or by Monday morning. -61- COMMISSIONERS 0 0 MINUTES CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL ', INDEX The indication was that the resubdivision was approved subject to the adjacent property owner signing off on the settlement document. Mr. Herbert Melman, owner of parcel on beach side immediately adjacent to the proposed subdivision spoke in opposition to this project. When these properties were purchased, the implication was that these were for single family residences. Now, this proposal is to turn one generous lot into two small, inadequate lots. The greatest amount of land within those boundaries is actually non -buildable property on the slope into Buck Gully. In order for the proposed house to be built on the gully side of the subdivision, there i would be very little flat land space for parking or turn around. His property is adjacent and he is building one residence only having to use all the space I for that single construction. This resubdivision is an inappropriate use of Ispace and feels the value of other homes on street will be decreased. i In order for this land swap to occur, it will require some changes in the landscape buffers for the Summerhouse project. The landscape buffers toward the gully and neighborhood across the gully will have to be ! redesigned. He is opposed to this resubdivision. However, if this ' ! resubdivision is approved by the Commission, he is asking for adequate Ilandscape buffers to be required in order to eliminate neighborhood impacts. He indicated on the map, the retaining wall and his adjacent property in relation to the buildable land. Chairman Ridgeway asked about the size of the land from the 85 ft. level up to the backside of parcel 1 and what is the buildable area? The applicant's engineer was not present, and W. Catanzarite was unable ' to answer the questions. Chairman Ridgeway asked if there would be any Iproblems with extra buffering. Mr. Catanzante said he had no problem accommodating Mr. Melman as it is not his intention to reduce landscaping. Summerhouse is interested in the project as it will provide light and air to lower unit that would normally have been down in the hole below Itheir grade to the north of Mr. Catanzante's property line. He pointed out that Ithere is a concession that the Summerhouse project called for, a view corridor. Mr. Catanzarite's buildable lot at the 85 ft. contour would have I� -62- I f COMMISSIONERS , MINUTES 10 �s.cy F992� ° CITY OF NEWPORT BEACH November 9, 1995 ROLL CALL INDEX permitted construction into the view corridor and blocking same. The concession with Summerhouse is that Mr. Catanzarite will agree to a height restriction that will preserve the view corridor which the City wanted. Mr. Dan Wiseman, 336 Hazel Drive - spoke in opposition of the subdivision. He stated that this subdivision would result in an inappropriate use of the property and that the sizes of the proposed residential parcels would not be consistent with the residential properties within the surrounding neighborhood. He further stated that the applicant is requesting a General Plan Amendment so that he can acquire 6 1/2 feet from Summerhouse so this project could go forward. The lot line dispute with Summerhouse is being leveraged against the City. He then compared his lot and residence size to the lot and residence sizes Mr. Catanzarite is proposing. The also is the issue of a separation wall between a residential and commercial property that would result in a site impact coming out of the parcel's easement for the driveway. Parcel 2 as a condition would have to have fire sprinklers, indicating it is too far from the fire hydrant or there is a concession due to a lack of turn around at the end of the property. Assistant City Attorney Clauson addressed the issue of conformity. This application is part of or in conjunction with litigation and the concept is that in connection with that litigation, the City would participate in, with the stipulation the Court that would result in a court order conforming the new boundaries between the residential and commercial use. This court order would order that this would be considered in conformity with the General Plan zoning. The court has jurisdiction over our zoning as far as settlement, if the City agrees. Therefore, a formal General Plan Amendment initiated by the City is not needed. This resubdivision has been worked through with staff and the City attorney's office. Mr. Stanley Barons, neighbor two doors down - addressed the Commission stating that when he first looked into this area to buy, he looked at the lot Mr. Catanzarite is proposing the resubdivision on Mr. Barons stated that the lot goes straight down the hill (50 to 60%) and is unacceptable to build on. His own lot is about 6,500 sq. ft. with a 3,500 sq. ft. house plus a 440 sq. ft. garage. He then handed to the Commission pictures of the lot in -63- COMMISSIONERS it MINUTES . CITY OF NEWPORT BEACH November 9. 1995 ROLL CALL INDEX question. He spoke on environmental and tum around issues, stating this lot is the one exception. The issue of devaluation must be considered. Public Hearing was Closed. Commissioner Adams asked staff where the line was for the front yard set back He was answered that it is along the common line between the two parcels. One of the follow up actions, if approved, would be to adjust the districting maps to establish set backs on the second parcel. Chairman Ridgeway asked for the consequences if this was not approved. If the Planning Commission does not approve, the applicant has the right to appeal the action to the City Council. If not approved by the City Council, the City being involved in the lawsuit would be affected in the settlement. The City is involved because it was served with the lawsuit due to its previous approval of the Summerhouse project. Commissioner Selich stated this was not an appropriate land use of this property. If not for the lawsuit, he would reject it out of hand. Commissioner Thomson spoke in favor of those two homes on the parcel to buffer the neighborhood from the Summerhouse project. Mr. Catanzarite is working out differences with the lot lines. Commissioner Thomson stated he is in favor of this resubdivision stipulating that the City would be removed from the law suit if this is allowed. Motion Commissioner Pomeroy stated that this was not good planning. Regardless of the law suit made motion to deny. Chairman Ridgeway also commented that this was poor planning and therefore was in opposition to this resubdivision. Absent * MOTION CARRIED. 1 No, 1 Absent and 5 Ayes. Noes Ayes Planning Commission recessed for five minutes. -64- w 4R `.AMERICAN e� REALTY ADVISORS October 20, 1995 Via Facsimile Transmission First Class Mail Mr. Jay Garcia Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Re: Southern California IBEW-NECA Pension Plan Corona del Mar, California Subdivision Tentative Parcel Map;No. 95-178. 352 Hazel Drive, Corona Del Mar , Dear Mr. Garcia: 11 bu:. _ . -- aJ i PLANNING DEPARTMENT 1,3TY OF NFWPORT REACP OCT 2 41995 7 181911011W41121314i5 6 k This letter shall serve to confirm your conversation today with our counsel, Rensselaer J. Smith IV of Nossaman, Guthner, Knox & Elliot. The undersigned, IBEW-NECA Pension Plan ("Seller"), is the owner of real property located in the Corona del Mar area of the City located at 3901 E. Pacific Coast Highway and more particularly described as Parcel 1 of Parcel Map No. 85-257. We are aware that Kenneth J. Catanzarite has filed an application with the City for the processing of a tentative parcel map over his property which is adjacent to our property. That parcel map includes property in which we have a record title interest, but in which 'Mr `Catanzarite claiins he has' certain rights:, -) As' a result, Mr.' Catanzarite has initialed litigation'regarding his rights`to'the'disputed areVand has filed a1is pendens over- a, portion of our property. Seller has been attempting to arrive at a mutually agreeable settlement of this dispute by which title to the disputed strip would be transferred to Mr. Catanzarite. At the present time, however, Seller has entered into an escrow with James C. Thomas, Jr., M.D. ("Buyer"), for the purchase of our property, and Seller understands that Buyer is agreeable to such a transfer in return for the grant of certain rights in, to or over Mr. Catanzarite's property in favor of our property. If that escrow fails to close. however. Seller would be unwilling, at present, to transfer title to the disputed strip to Mr. Catanzarite. ' Nonetheless, in an effort to reach a good faith settlement of the litigation, Seller is willing to conditionally consent to (i) the preparation of the parcel map which includes the disputed strip owned by us and (ii) Mr. Catanzarite making application for a tentative parcel map. Accordingly, pursuant to Government Code Section 66445(e) and Newport Beach Municipal Code Section 19.16.100(a), Seller hereby conditionally consents to the preparation of the parcel map and Mr. Catanzarite making application for a tentative parcel map; provided, however, that should escrow for the sale of Seller's property "to Buyer -fail to close, Seller may withhold its consent and refuse to sign the final parcel map,- in which case, it is Seller's understanding that, 700 North Brand Boulevard • Suite 300 • Glendale, California 91203 (818) 545-1152 • (818) 545-8460 Facsimile 28 • ;w.. • • It A Mr. Jay Garcia October 20, 1995 Page 2 despite Planning Commission or City Council approval of the parcel map, the parcel map may not be recorded with the office of the Orange County Recorder or otherwise become final and effective. Should you have any comments or questions about this matter, please do not hesitate to contact US. Very truly yours, THE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: AMERICAN INSTITUTIONAL REALTY ADVISORS, a California Corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: FX-,0crJ g:- 14. ogWG -H Title: V ; c&— Kes%Ar4. Sef cc: Mr. Russell Arnold Kenneth Catanzarite, Esq: Mr. Stanley Iezman Matthew Kissane, Esq. Mr. James McKenna Rensselaer Smith, IV, Esq. Dr. James Thomas Mr. William Todd kecAfAt\w\ibew\corona.ltr ^M �AMERICAN REALTY ADVISORS October 20, 1995 Via Facsimile Transmission First Class Mail Mr. Jay Garcia Senior Planner City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, California 92658-8915 Re: Southern California IBEW-NECA Pension Plan Corona del Mar, California Subdivision Tentative Parcel Map No. 95-178 352 Hazel Drive, Corona Del Mar Dear Mr. Garcia: f L%L.� - LJ . PLANNING DEPARTMENT ':I r Y OF NFWPORT REACI OCT 2._ 1995 AM PM MAINHAU1213141M This letter shall serve to confirm your conversation today with our counsel, Rensselaer J. Smith IV of Nossaman, Guthner, Knox & Elliot. The undersigned, IBEW-NECA Pension Plan ("Seller"), is the owner of real property located in the Corona del Mar area of the City located at 3901 E. Pacific Coast Highway and more particularly described as Parcel 1 of Parcel Map No. 85-257. We are aware that Kenneth J. Catanzarite has filed an application with the City for the processing of a tentative parcel map over his property which is adjacent to our property. That parcel map includes property in which we have a record title interest, but in which Mr. Catanzarite claims he has certain rights. As a result, Mr. Catanzarite has initialed litigation regarding his rights to the disputed area and has filed a lis pendens over a portion of our property. Seller has been attempting to arrive at a mutually agreeable settlement of this dispute by which title to the disputed strip would be transferred to Mr. Catanzarite. At the present time, however, Seller has entered into an escrow with James C. Thomas, Jr., M.D. ("Buyer"), for the purchase of our property, and Seller understands that Buyer is agreeable to such a transfer in return for the grant of certain rights in, to or over Mr. Catanzarite's property in favor of our property. If that escrow fails to close. however. Seller would be unwilling, at present, to transfer title to the disputed strip to Mr. Catanzarite. Nonetheless, in an effort to reach a good faith settlement of the litigation, Seller is willing to conditionally consent to (i) the preparation of the parcel map which includes the disputed strip owned by us and (ii) Mr. Catanzarite making application for a tentative parcel map. Accordingly, pursuant to Government Code Section 66445(e) and Newport Beach Municipal Code Section 19.16.100(a), Seller hereby conditionally consents to the preparation of the parcel map and Mr. Catanzarite making application for a tentative parcel map; provided, however, that should escrow for the sale of Seller's property to Buyer fail to close, Seller may withhold its consent and refuse to sign the final parcel map, in which case, it is Seller's understanding that, 700 North Brand BoL.'evard • Suite 300 • Glendale. California 91203 (8181 54--`52 • (818) 545-8460Facsimile 1 William M. Todd Consulting Developer, SummerHouse c/o Brand Interests, Inc. 200 East Sandpointe, Ste 810, Santa Ana, CA 92707 FAX (714) 437-9338 Phone: (714) 437-7700 Ken Delino, Assistant City Manager c/o Jay Garcia, Senior Planner 3300 Newport Blvd. Newport Beach, CA 92659-1768 Subject: SummerHouse CUP #:3561 Re: Mr. Catanzarite proposed lot line adjustment and split that will result in two residential parcels. Dear Mr. Delinio and Planning Department, As Dr. Thomas' Executive Developer, I am representing him regarding issues that impact the building and operation of SummerHouse (conditional use permit application number 3561). Mr. Catanzarite and his architect have met with the SummerHouse Construction Managers, Tom Manok and Si Teller, and myself in an attempt to come to some agreement that would mutually benefit each others real properties/projects. As a result of those meetings Mr. Catanzarite is submitting an application for a lot spl it/re subdivision of his property. This can have either or both a positive and negative impact on the SummerHouse property. Much depends on the City's conditions for the granting of final approval. We have no objection to his initiation the resubdivision process but our final agreement to his plan is subject to our review and formal approval of the documents. We are continuing to work with Mr. Catanzarite and consultants. Our goal is an agreement, acceptable to the city, which will resolve all issues and positively impact our respective properties. Repectfully Submitted, William M. Todd Consulting Developer cc: Kenneth Catanzarite, Teller-Manok, Dr. Thomas and Frank Vandenberg Mr. Jay Garcia October 20, 1995 Page 2 despite Planning Commission or City Council approval of the parcel map, the parcel map may not be recorded with the office of the Orange County Recorder or otherwise become final and effective. Should you have any comments or questions about this matter, please do not hesitate to contact US. Very truly yours, THE SOUTHERN CALIFORNIA IBEW-NECA PENSION 'PLAN By: AMERICAN INSTITUTIONAL REALTY ADVISORS, a California Corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: F/ -fir: e_ 14. Title: V ;L-�- r.� s:�rnrtAswt Mavzr3 e.rreeT�` cc: Mr. Russell Arnold Kenneth Catanzarite, Esq. Mr. Stanley Iezman Matthew Kissane, Esq. Mr. James McKenna Rensselaer Smith, IV, Esq. Dr. James Thomas Mr. William Todd kec: VAf\w%ibcw\corona.ltr NfCE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Newport Beach will hold a public hearing on / the application of Kenneth I Catanzarite - applicant for Resubdivision No. 1019 on property located at 352 Hazel Drive. Resubdivision of an existing single family lot into two parcels for single family residential development.. This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act. Notice is hereby further given that said public hearing will be held on the 9th day of November 1995at the hour of 7:30 p.m. in the Council Chambers of the Newport Beach City Hall, 3300 Newport Boulevard, Newport Beach, California, at which time and place any and all persons interested may appear and be heard thereon. If you challenge this project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. For information call (714) 644-3200. Michael C. Kranzley, Secretary, Planning Commission, City of Newport Beach. NOTE: The expense of this notice is paid from a filing fee collected from the applicant. ,7 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT _X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE Date: October 10, 1995 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Kenneth J. Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 30, 1995 Fs � CITY OF NEWPORT BEACH _�► PLANNING DEPARTMENT �b PLAN REVIEW REQUEST Date: October 10, 1995 X PUBLIC WORKS DEPARTMENT X PLANS ATTACHED (PLEASE RETURN) X TRAFFIC ENGINEER X FIRE DEPARTMENT PLANS ON FILE IN PLANNING DEPT. X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE APPLICATION OF: Kenneth L Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 30, 1995 COMMISSION REVIEW: November 9, 1995 COMMENTS: !Va P6 UCE ILA Pao&F.rns NDTG- - - - E 2 • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE Date: October 10, 1995 X PLANS ATTACHED (PLEASE'RETURI) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Kenneth J. Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 30, 1995 COMMISSION REVIEW: November 9, 1995 6 f CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE Date: October 1, 1995 X PLANS ATTACHED (PLEASE RETURN PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Kenneth J. Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 30, 1995 COMMISSION REVIEW: November 9, 1995 COMMENTS: Sege. PL A < <- W ez It - cow. i tT > Date: & 5 CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER X FIRE DEPARTMENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE Date: October 10, 1995 X PLANS ATTACHED (PLEASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Kenneth J. Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 1995 COMMISSION REVIEW: November 9, 1995 COMMENTS: • • CITY OF NEWPORT BEACH PLANNING DEPARTMENT PLAN REVIEW REQUEST X PUBLIC WORKS DEPARTMENT X TRAFFIC ENGINEER 5F b REQEPARTM ENT X BUILDING/GRADING DEPARTMENT _ COMMUNITY SERVICES X POLICE DEPARTMENT _ MARINE SAFETY X REVENUE Date: October 10, 1995 X PLANS ATTACHED' (PWASE RETURN) PLANS ON FILE IN PLANNING DEPT. APPLICATION OF: Kenneth J. Catanzarite - applicant FOR: Resubdivision No. 1019 DESCRIPTION: Resubdivision of an existing single family lot and a portion of a commercial parcel into two parcels for single family residential development. LOCATION: 352 Hazel Drive REPORT REQUESTED BY: October 30, 1995 COMMISSION REVIEW: November 9, 1995 COMMENTS: &0V t n -COO QV"1. ]En i%y,_ ikAkL, Ago%w« L-, �x�w.•�1 Tt7 Prt o��8.�-1 1� �ZL. Pa't� � ST, � � ►Zkl�t .� 2�a renc,.�.� � `S ►uIru 6 0 NEWPORT BEACH FIRE DEPARTMENT October 18,1995 FIRE PREVENTION DIVISION Timothy Riley Fire Chief P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 (714) 644-3106 RELna -J BY PLANNING DEPARTMENT e%ITY OF NEWPORT BEAGJ Si Teller All OCT 19 1995 PM Teller-Manok Architects 7�8�9i10�11�12�1�2�3i4�5i6 465 Forest Avenue, Suite C Laguna Beach, CA 92651 Subject: Summer House, 3901 Pacific Coast Highway, Newport Beach Dear Mr. Teller: The Newport Beach Fire and Marine Department has reviewed the proposed construction of an elderly care facility on 3901 Pacific Coast Highway and has concern regarding its design features at the intended location. The project location is on the edge of Buck Gully, a designated high hazard fire severity area within Newport Beach. The natural vegetation that exists within the canyon area is an extreme fire hazard. The groundcover, brush and trees provide an easy avenue for a fire originating in the canyon progressing into the properties surrounding the canyon. These areas became a concern after the Oakland hills fire of 1991 and the Laguna Wildfires in 1993 that caused widespread devastation to the community surrounding these areas. Structures surrounding the canyon also contribute to the danger associated with this fire scenario. Most of them are of wood frame construction, have wood shingle roofs, unprotected eaves, and have combustible wood siding. Unfortunately, many of the adverse design features of the existing structures in this area are also included in the proposed Summer House project. Specifically, exposed eaves, class "C" fire retardant, combustible roof coverings, and combustible wood shingle sidings, which are included as part of the project design. This design concept is further complicated by the intended use; elderly care. These persons typically have greater difficulty escaping in fires and are much more vulnerable to injury or death due to the fire. We recognize this project is over eight years old and many of the hazards identified in this letter were not apparent at the time of design. 3300 Newport Boulevard, Newport Beach • October 18, L • Summer House Project Page 2 n You are encouraged to consider re -designing the project and include in the design: 1. Fuel modification of vegetation on the property facing the canyon to reduce the transmission of fire. 2. Provide for a non-combustible roofing material. 3. Provide for a non-combustible building siding material. 4. Provide for a non-combustible window frame material. 5. Enclose eaves with non-combustible fire retardant design and materials. We appreciate your consideration of these matters and look forward to reviewing a new design that incorporates all the fire resistive features indicated. Please call (714) 644-3106 if I can be of further assistance or answer any questions. Fire Marshal cc: Raimar Schuller, Building Faysal Jurdi, Building Jay Garcia, Planning *0 i CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 926SS-8915 Planning Department (714) 644-3200 - MEMORANDUM - October 24, 1995 Vincent Dibiasi 2515 East Coast Highway, Suite B Corona del Mar, CA 92625 RE: Resubdivision No. 1019 submittal for 352 Hazel Drive This letter is in reponse to your request when this application was submitted, to attempt to define the processes which would be required to accomplish the subdivision of the residential property as proposed by the tentative map. This letter is also to serve as notice to you that the inconsistency of the map with the General Plan precludes this department from taking any further action on this application and that it has been deemed an incomplete submittal. Staff encourages you to meet with the neighboring property owner so that a mutual agreement can be reached on the process that will be undertaken. I have presented three scenarios which I see as potential possibilitites. SCENARIO No. 1 (as nronosed7: Based on the Tentative Parcel Map submitted, the map as presented is inconsistent with the General Plan, therefore, the following application processes will be required to accommodate the proposed subdivision which must be processed concurrently. As proposed, the new lot line results in the transfer of a portion of the Summerhouse property, which is zoned PC (Planned Community), to the residentially zoned subject property. Also included is a trade-off transfer, which is zoned R-1 which will be rezoned to PC, to off -set the loss land so that the Floor Area Ratio (FAR) does not change. 1.) A General Plan Amendment will be required to change the designation from "Retail and Service Commercial " to "Single Family Residential " use and a concurrent change of the trade-off area from "Single Family Residential" to "Retail and Service Commercial" use. This will not result in any net change in the development allocation expressed statistically, but will necessitate that Summerhouse property will be the subject of a public hearing by the Planning Commission and the City Council and incur substantial time delay of the project. Time Factor- The City initiates General Plan Amendments three times a year, and the next General Plan Amendment Initiation is in February 1996. 3300 Newport Boulevard, Newport Beach Resub No. 1019 October 24, 1995 Page 2 2.) Zone Change Amendment to change the Zone from PC to R-1 of the upland portion and change lower portion from R-1 to PC. Since this affects the Time Factor- The amendment will have to follow the same timing as the General Plan Amendment, they will run concurrently. 3.) Possibly an Amendment to the Districting Map No. 18, if you wish to try to change the setbacks. SCENARIO No. 2: Selling a portion of the Summerhouse property without the trade of land, the Summerhouse would have to be reduced in size to maintain the 9.75 FAR (i.e., for every 1,000 square feet of land lost the building must be reduced approximately 750 square feet). The FAR requirements related to the project as approved by the Planning Commission and the City Council cannot be increased. 1.) A General Plan Amendment will be required to change the designation from "Retail and Service Commercial " to "Single Family Residential " use and a concurrent change of the trade-off area from "Single Family Residential" to "Retail and Service Commercial" use. This will result in a net change in the development allocation for the Summerhouse property, but will not necessitate that Summerhouse property to be the subject of a public hearing by the Planning Commission and the City Council; if the project is scaled down to meet the FAR requirements. Summerhouse will not incur any time delay of the project, but the residentially zoned property will have to wait for the GPA approval from Planning Commission and the City Council. Time Factor- The City initiates General Plan Amendments three times a year, and the next General Plan Amendment Initiation is in February 1996. 2.) Zone Change Amendment to change the Zone from PC to R-1 of the upper portion. Since the Summerhouse is to be reduced, this will not keep the project under the allowed the 0.75 FAR Time Factor- The amendment will follow the same timing as the General Plan Amendment, they will run concurrently. 3.) Possibly an Amendment to the Districting Map No. 18, if you wish to try to change the setbacks. This scenario will not affect the Summerhouse project approval, however, there are undoubtedly costs involved with the redesign of the project and structural changes, which must be weighed by Resub No. 1019 October 24, 1995 Page 3 both owners. The project may proceed to the construction phase once plans of the reduced project are complete and. reviewed by the City for building permits. SCENARIO No. 3: Process map without the Summerhouse portion of the property to establish two residentially zoned lots. Include a grant of easement for the ingress/egress for the benefit of the residentially zoned property for access to the lower lot. • The property lines remain in the current location. • This does not provide any relief of setbacks or Buildable Area for the residential lots. • This will not require an amendment to the use permit of Summerhouse. • This will not require a General Plan Amendment or an Amendment for a zone change. • This will not affect the FAR of the Summerhouse project property. • All Building Code requirements for distance from property lines will apply to both properties. At this point only Scenario No. 1 has been addressed by the various City Departments. The particulars as apply to the construction of the Summerhouse project cannot be fully addressed without complete plans of the redesign and the revised property lines. Staff has attempted to address the architects concerns with regard to gathering as much input as possible based on the submitted proposal. This type of submittal is unusual in that a number of ramifications arise for each property, depending on the proposal selected. It should be noted that the General Plan Amendment, the Amendment for a Zone Change and the Resubdivision applications are all discretionary and subject to approval of the Planning Commission and the City Council. PLANNING/BUELDING DEPARTMENT BY ut-' Javier S. AICP Senior Planner cc: Mr. Si Teller Mr. Frank Vandenbergh, IBEW-NECA Rensselear Smith, IV, Esq. W. William Todd y RESUBDIVISION APPLICATION CITY OF NEWPORT BEACH PLANNING DEPARTMENT 3300 Newport'Boulevard P.O. Box 1768 Newport Beach, CA 92658-8915 (714) 644-3200 APPLICANT KENNETH J. CATANZARITE No. b Application Reed by: Fee: $ 60S PHONE 714--520-554.4- MAILING ADDRESS c 203 Vli nce ' 22y }} as i 12,5,E 5 E . QpabS. li-WW # 3B -2:1r; -1 Corona del Mar, CA 92625 PROPERTY OWNER KENNETH J. CATANZARITE PHONE 714--520-554.4- MAILING ADDRESS 2331 WEST LINCOLN AVE. ANAHEIM,CA. 92801 ADDRESS OF PROPERTY INVOLVED. 352 HAZEL DRIVE CORONA DEL MAR ZONE R1 PRESENT USE SINGLE=FAMILY RESIDENTIAL LEGAL DESCRIPTION OF PROPERTY INVOLVED (if too long, attach separate sheet) SEE ATTACHED TENTATIVE PARCEL MAP w LIST ANY EXCEPTIONS REQUESTED FROM STANDARD SUBDIVISION REQUIREMENTS NONE n PPD ACT 1�.199� 0� ,E%pORi BEpCIK Date Signature of Applicant or Agent Date DO NOT COMPLETE APPLICATION BELOW THIS LINE Date Filed Fee Pd. Receipt No. (n.roq� Hearing Date •-` iD Posting Date Mail Date �b-a xk!z,, P.C. Action l' Date T Appeal C.C. Hearing C.C. Action 4ummlew-- Date OL, /r I LEAH CARTER KABBARA P.E. PRINCIPAL ENGINEER r KABBARA ENGINEERING CIVIL ENGINEERS • LAND SURVEYORS i I 130 S. PROSPECT AVE.. TUSTIN. CA 92680 (714)669-3739 • FAX (714) 669-3749 1 / � r CITY OF NEWPORT BEACH, CASH RECEIPT., z NEWPORT BEACH, CA,92663 66945 .RECEIVED BY : KW C USTOMEE' : C:ATANZAR I TE LAW CORP . ZONING & SUBDIVISION FEES Jai HAZEL DR 270-5600' $605. 00 " TOTAL DUE ' ` _ . $605. 00 CASH PAID CHECK PA�I ll-r:t-lEl � Y_- _ K::N05 � ��� ? f TENDERED CHANGE 's, i 0 $605. 00 146 ,,�.f� �.c.Y $605. c: 0 $ . 00 DATE - i0/4 Z95 .7 MEN — U'�: 3i: 7 Date i = CITY OF NEWPORT BEACH P.O. BOX 1768, NEWPORT BEACH, CA 92658-8915 BUILDING DEPARTMENT - (714) 644-3288 FEE RECEIPT Plan Check No. 4-6n,uv.k Lao �V&'r-e'k Qri'je Received From Job Address Building Plan Check.....................................................................2900-5002 $ Zoning Plan Check........................................................................ 2700-5003 $ Grading Plan Check - Cu. Yds...................................................... 2900-5004 $ Fire Plan Check.............................................................................2330-5055 $ Electric Plan Check.......................................................................2900-4612 $ Plumbing Plan Check...................................................................2900-4616 $ Mechanical Plan Check.................................................................2900-4618 $ Overtime Plan Check - Building...................................................2900-5002 $ Overtime Plan Check - Grading...................................................2900-5004 $ Overtime Plan Check - Planning..................................................2700-5003 $ Special Inspection.........................................................................2900-5008 $ Preliminary Code Compliance Review.........................................2900-5002 $ Reinspection B E H P....................................................................2900-5008 $ Reinspection Fire..........................................................................2330-5050 $ Temporary Electric........................................................................2900-4612 $ Temporary Gas..............................................................................2900-4616 $ Temporary Certificate of Occupancy............................................2900-5008 $ Underground Utilities Waiver......................................................010-2225 $ Grease Interceptor ................... ........................................ • zn► 2900-4620 $ bC9 9 Planning Department Fees........... (.Vj5• ................................ 2700-5000 $ O Sale of Maps & Publications.........................................................2700-5812 $ Determination of Unreasonable Hardship .......................n� .�,'�...2900-5018 $ Microfilm Copies/Photocopies....................................... ........... 9 0-2263 $ Hazardous Material Disclosure ................................... ...�:.�..00-5021 $ Fire Dept. Hazardous Material Review..................................058 $ C,tY ®� %E.q Received By: TOTAL FEES $ Cv OS 09a Fee Receipt No. (f'\feercpt.895) 3300 Newport Boulevard, Newport Beach 10/20/1995 15:31 7144977274 TELLERMANOK 0 46 PAGE 02 T E L L E R• MANOK ARCHITECTS October 9, 1995 Mr. Vincent P. Dibiasi 3838 E. Coast Hwy. Suite "B" Corona del Mar, CA 92625 RE. SummerHouse - Cantanzarite Proposal Dear Vince: The following are some issues we should go over soon. When is convenient for you? 1. Lot line adjustment must compensate for no decrease to F.A.R. 2. Retaining is less along wing C still severe at Fire stair adjustment to dining and no opportunity to soften with landscape. 3. View corridor not defined as it relates to roof averaging per Newport Beach. 100 -+- ((t.' 4. Triangle gives them better set back conditions especially with regards to Front yard set back (10'-0") per lot. Also impacts F.A.R. and puts their building closer. 5. We lose landscape buffer for Units Atwing C. 6. Need pad elevations for both parcels 7. Need landscape buffer at property line and at building 8. Building envelopes must be defined. 9. Need driveway width. Thanks Vince. f,d, Ca - b wldm� Talk with you soon. 0.75 •-- eaci..(v-,4 e-9 vv eller Ses.ai1,.2V�C"� 43�wkvio MapPw�'o VEspecially with regards to 3 above. C1 I � tTras ' fJly- qrw Eei so 1Q�—yi TvF �c�/Ml+uv. f',. - pees w 465 forest avenue • suite c • laguna beach, ca 92651 • 714-497-7297 10 KABBARA ENGINEERING CIVIL ENGINEERS • LAND SURVEYORS October 6, 1995 City of Newport Beach Planning Department 3300 Newport Boulevard Newport Beach, CA. 92658-8915 Attention: Mr. Jay Garcia, Senior Planner hLi.- U'i PLANNING DEPARTMENT CITY OF NEWPORT BEACI' AN OCT 10 1995 PY VIOND u IMA3141516 A Subject: Subdivider's Statement for Tentative Parcel Map No. 95-178 352 Hazel Drive, Corona Del Mar Dear Mr. Garcia, Enclosed for your review and approval are twenty (20) folded copies of Tentative Parcel Map No. 95-178 for the property located at 352 Hazel Drive in Corona Del Mar. There is currently, one existing single-family residence on the property, which is zoned Rl. The* property owner proposes to subdivide the existing 0.408 acre parcel into two parcels and construct two new single-family residences on the newly created parcels. We hereby request an exception to the requirement for street frontage for proposed parcel 2. Proposed access for the new parcels is planned via a 15-foot ingress and egress easement from Hazel Drive across new parcel 1 to new parcel 2. A lot line adjustment is required to be recorded concurrently with the final map in order to adjust the northerly property line as shown on the tentative map and supported by the adjacent property owner. Sewer and water service to the subject property is available in Hazel Drive from an existing 8-inch V.C.P. City sewer line and 100-inc City water line. There are no public areas or tree � plantings proposed for this subdivision at this time. If you require further information, please give me a call. Sincerely, KABBARA ENGINEERING, h A: Kabbara, P.E. rincipal Engineer cc: Vince Dibiasi, Architect Kenneth Catanzarite, owner 130 SOUTH PROSPECT AVENUE, TUSTIN CALIFORNIA 92680 714 669-3739 FAX 714 669-3749 i ,O 0 W Y1 �r •w Or~ �S w, • ..:ray f `,,, :.�1 .a, LEAH CARTER KABBARA P.E. PRINCIPAL ENGINEER t - j KABBARA ENGINEERING CIVIL ENGINEERS • LAND SURVEYORS .130 S. PROSPECT AVE:, TUSTIN, CA 92680 (714) 669-3739 • ` FAX (714) 669-3749 0 , i • SUSAN W. CASE !" OWNERSHIP LISTING SERVICE ` 917 Glenneyre Street, Suite 7, Laguna Beach, CA 92651 PHONE (714) 494-6105 • FAX (714) 494-7418 _ CATANZARITE 9951034� 352 HAZEL CORONA DEL MAR CA 300' LISTING OCTOBER 4 1995 052 161 16 James Baker 052 161 18 Donald & Julie Jacobs 313 Poppy Ave David Ball & Julie Ball 309 Poppy Ave Corona Del Mar, CA 315 Poppy Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 92625 052 161 19 Douglas Barile 052 161 21 Leo Fracalosy 321 Poppy Ave Irene Sparks 509 De Anza Dr Corona Del Mar, CA 323 Poppy Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 92625 052 161 22 Walter Ziglar 052 161 24 Eric Phillips 327 Poppy Ave Lloyd Dell Jenkins 222 Poppy Ave Corona Del Mar, CA 331 Poppy Ave Corona Del Mar, CA 92625 Corona Del Mar, CA 92625 92625 Paul Cassidy 333 Poppy Ave Corona Del Mar, 92625 052 161-29 James Hain CA 307 Poppy Ave Corona Del Mar, CA 92625 052 181 13 Malcolm Jones Jr. 308 Poppy Ave Corona Del Mar, CA 92625 052 181 14 John Bucholz 9515 Sawyer St Los Angeles, CA 90035 Walter Roys 052 181 18 - 332 Poppy Ave Margaret.Willson Corona Del Mar, CA 336 Poppy Ave 92625 Corona Del Mar, CA 92625 052 181 21 Richard Purkiss FPV PARTNERSHIP 318 Poppy Ave 2950 Los Feliz Blvd #204 Corona Del Mar, CA Los Angeles, CA 90039 92625 Walter Impey Epifanio Anzaldo Jr. 324 Poppy Ave 328 Poppy Ave Corona Del Mar, CA Corona Del Mar, CA 92625 92625 052 162 02 Fpv II 2950 Los Feliz Blvd #204 Los Angeles, CA 90039 Raymond Kent Harvey Jr. 316 Poppy Ave Corona Del Mar, CA 92625 052 181 19 Cathy Lee Capri 341 Hazel Dr Corona Del Mar, CA 92625 052 -181 31 Fpv II 2950 Los Feliz Blvd #204 Los Angeles, CA 90039 052 181 34 Stanley Moore 346 Poppy Ave Corona Del Mar, CA 92625 Q52 181 '35 GPV•PARTNERSHIP 2950 Los Feliz Blvd Los Angeles, CA 90039 052 182 19 Howell Webb 933 W Bonita Ave Claremont, CA 91711 052 182 25 WEBB FRANCES FINCH;WELLS PO Box 63700 San Francisco, CA 94163 052 182 35 Robert Cooper 332 Hazel Dr Corona Del Mar, CA 92625 052 182 39 WEBB FRANCES FINCH;WELLS PO Box 63700 San Francisco, CA 94163 Peter Johnstone 306 Hazel Dr Corona Del Mar, CA 92625 052 182 20 Caleb Merton Johnson 316 Hazel Dr Corona Del Mar, CA 92625 052 182 31 Norman Tillner 324 Hazel Dr Corona Del Mar, CA 92625 052 182 36 Edgar Lucidi 328 Hazel Dr Corona Del Mar, CA 92625 052 182 40 SO CAL IBEW-NECA PENS PL PO Box 3562 Los Angeles, CA 90051 Epifanio Anzaldo 308 Hazel Dr Corona Del Mar, CA 92625 052 182 22 Dan & Jacqueline Wiseman 336 Hazel Dr Corona Del Mar, CA 92625 052 182 32 James Carter McDonald 320 Hazel Dr Corona Del Mar, CA 92625 052 182 37 SO CAL IBEW-NECA PEN PLA PO Box 3562 Los Angeles, CA' 90051 052 182 41 WEBB FRANCES FINCH;WELLS PO Box 63700 San Francisco, CA 94163 052 191 01 Nils Eric Svensson 052 191 12 Lola Holmes Wehrly 241 Evening Canyon Rd Marion Marley 330 N Croft Ave Corona Del Mar, CA 604 Allview Ter Los Angeles, CA 90048 92625 Laguna Beach, CA 92651 Donald Peterson 052 191 14 052 191 15 249 Evening Canyon Rd Richard & Sandra Haskell J L Ronnow Corona Del Mar, CA 1508 Ruth Ln 261 Evening Canyon Rd 92625 Newport Beach, CA 92660 Corona Del Mar, CA 92625 052 191 16 Robert Scholler 265 Evening Canyon Rd Corona Del Mar, CA 92625 052 191 20 Haskell Shapiro 287 Evening Canyon Rd Corona Del Mar, CA 92625 459 123 02 Pete Duca 3840 E Coast Hwy Corona Del Mar, CA 92625 052 191 17 Pllp 5 Hutton Centre Dr Santa Ana, CA 92707 459 121 01 Charles Masters PO Box 116 Corona Del Mar, CA 92625 459 123 03 GALLO OF CORONA DEL MAR 567 San Nicholas Dr Newport Beach, CA 92660 052 191 18 Witold Janas 273 Evening Canyon Rd Corona Del Mar, CA 92625 459 123 01 James & Margaret Rich 802 S Bayfront Newport Beach, CA 92662 KENNETH CATANZARITE 2331.W LINCOLN AVE ANAHEIM CA 92801 • • 052 18-1 21 FPV PARTNERSHIP 2950 Los Feliz Blvd #204 Los Angeles, CA 90039 052 192 12 Fred LaVigne 266 Evening Canyon Rd Corona Del Mar, CA 92625 459 123 04 UNION OIL CO OF CAL PO Box 7600 Los Angeles, CA 90051 459 221 19 JOHN L BLOM CUSTOM PHOTO 3732 E Coast Hwy Corona Del Mar, CA 92625 Kenneth J. Cantanzarite c/o Vincent Di Biasi 2515 E. Coast Hwy., #3B Corona del Mar, Ca. 92625 052 192 10 Kevin & Lisa Maguire 254 Evening Canyon Rd Corona Del Mar, CA 92625 052 192 13 James Davies 272 Evening Canyon Rd Corona Del Mar, CA 92625 459 123 05 UNION OIL CO OF CAL PO Box 7600 Los Angeles, CA 90051 Corona del Mar Commn. Assn. Dick Nichols, Pres. 519 Iris Ave. Corona del Mar, Ca. 92625 Gary Standard 260 Evening Canyon Rd Corona Del Mar, CA 92625 052 192 14 Edward Jacklin 280 Evening Canyon Rd Corona Del Mar, CA 92625 459 221 18 Dillon Cox 1781 Shady Crest P1 E1 Cajon, CA 92020 Corona del Mar Res. Assn. Mr. Phil Sansone 215 Marguerite Ave. Corona del Mar, Ca. 92625 0 • HERBERT S. MALON, D.D.S. Inland Dental Center 599 Inland Center Drive, • Suite 110 San Bernardino, California 92408 �� (909) 384-1111 ■ (909) 824-5171 r i 2 i � • i Awr"Ac• � PAPJp!' vi � w . V .✓ M :� +6, ` Q i • i• 0000 • ro to 1 e� _-- --' , , .o endow low �AACI i n�rEe r O U6 QP Nlb �b fg � a a 2 0---- Ownership Map J 21 ��llNtrl �..e• a rtoa.• tl. as - � 4YEN!/E CDo;:,b:o�000� 3 o 0awt'e L slam- a of d 2 ANj a ��-• It K ,�. r R M. 9 u ALLEr al al OFrs ? , t ? — • p Ai rr 2 ae R n i a 1~il 543 V \ i N• OMI.! O IS OM ` i f3 O 11 fb /7 118o\goo 16 c IS ,r2t'C o\r `O b 0 • � l , • I s,+rt po' i•F AV. �..��. /72-/4 I lam. W I O . so, s; ae• te• ae EelZ ti 1 MY AV arC./ Am/cif C NA lr1EL mom TRRCT AIO i Miff 42 12 NOTE ASSESSOR'S +ASSESSOR'S IAAr AQZ4 :j a AI! M p E/ 40.41 7 -7 /27-14./T9•• PAWR NWAL915 ?vpore—wa 5MMM IN ORCIEs 10OK4S9 PACE 22 _. 10 10 J • 13 459-21 N N a �r MARGIN /949 QORIOYVA OEL MAN�gM AtfA 3-42 NOTE — ASSESSORSOLO" a AIRLEL ANAWERS ASSESSOR'S MAP BOOIf'M PAOE16 m 323 N-40.�I1 SHOWN IN CIRCLES CO&Wrr OF ORANGE SUSAN W. CASE OWNERSHIP LISTING SERVICE 917 Glenneyre Street, Suite 7 Laguna Beach, California 92651 714/494-6105 FAX: 714/494-7418 IL Certification of Property Ownership List' THE ATTACHED LIST REPRESENTS THE NAMES AND ADDRESSES OF ALL PROPERTY OWNERS LOCATED WITHIN 300 FEET OF THE EXTERIOR BOUNDARIES OF THE .� PROPERTY LOCATED AT 352 HAZEL CORONA DEL MAR CA THIS INFORMATION WAS OBTAINED FROM THE.LATEST ORANGE COUNTY ASSESSMENT ROLLS, OCTOBER 4 1995. SUSAN W. CASE W ?M5�T5 PRRCEL MRP NO. 95-178E:PARCEL U>K AOES•GDSS FARMS: 3 IN THE CITY OF NEWPORT• BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. BEI ND A RESUBD)VISION OF PARCEL I OF PARCEL MAP No. 85-2S7 RFC04DED IN BOON 218. PAGES 5 AND 6 OF PARCEL MAPS. AND PARCEL 1 OF PARCEL MAP NO. 03.186 RECORDED IN BOOR 285. PAGES I AND 2 OF PARCEL MAPS. ALL OF OFFICIAL RECORDS. COUNTY OF ORANGE. STATE OF CALIFORNIA. PETE .1. DUCA DATE OF SURVEY. APRIL, 1996 R.C.E. 24668 3 PARCELS L695 ACRES GLOSS n•-1 � 'N.N. 36/IR-20 N0 CONSTRUCTIS"TONON PER TRACT . 1116.� CENTERLIN ar3. Np fADfR '�' rJT G EN -o � P A.e. 2a5/1•!f iraa'Oe'f Ne,0T1 _ - .Nqp�71111 e . y e Nita '0 f UL PAST �� AY PER v OF a CENTERLINE N.N. 20/1 .•.•.•.•.• T N0. 673. .............._. ,���71111 ........... N liA ' O!, 1i.................. .................. ik7N: ......................... "61i1a OF 9FARINOSJ•• ••• .se.f0'! umD .o. ,fur • I.r! a11e � M P. fat PN1 ... '. i.. u' %A ell.i 3 • : 1.07 AC. N SO'22'20'f IYS.02' ^ o a di 3 20' I 8�n 7 " R , �ry�(� NQ�A(y7.1f x/,�• „ P2d'r.Y.E;`iEt31-r2'ss7 a EASEPOM OF L 1®1lK x1I111f � A M a ioi0:�esux elwwia wrt Iu2:xmxAnwi 0VL MIO. AN16xR.11110oxSm61 Al MIIfIp1 M3 M6Imt G N OS'2A'2V'f N SC 22't0'f 77.22' N IS•SO'SI'L LU 12.1T N 50.22'20'f r 1 4. 21' ;2 D.C9L AC. DUCA - MCOY. NC. CRIL ENSWERS xr ouI6R•ep11- . eon-2. c o . 7 ••i, ieii �] -4. *- NO SCALE Marta NDTES: • - NBICATEs FOUND r RON PPE AND TAG TLCE 2e6W PER PM& 285A•2. UM M OTHMISE NOTED. o - 2DICATTS SET r RON PPE 6 TAG ACE. 24666'. ULM OTTFTM NOTE& G B - MXA7ES F0. OFS. CONTROL STATION AS NOTED. PER RECORDS ON FIE N TIE OFFM OF THE CRA14M CG9RY SURVEYOR 1 1 - FCICAM MEAS. AND NC{OIID7PD�AITRA6EPBNtp7P�MGEL NM NO, 93!& l 1 - IICATTp -C� W1TA PIS TRACT N0. I TT 4 fUt 49-20. < > -INDICATES RECORD DATA PER PARCEL MAP No. 65.257. PER MR. 2B/5.6 LNlE55 OTHERR6E NOTEA i•oo•oo• DATA: m.ea• u.7r e2.w• LAW -OF 1.39•ae• 32a.w• a7.e7• Ie.o• THE MMING1 WO HEREON PIE BASED ON TIE BEARNO BETWEEN =& NWONTAL 1.20.07• 3 3 63: e7.1I' 2a.00• CGOR0. SMTUN GFS NO. 6R19 AND STATION GFA ND. GM SEND N 53•e1' Dell 1. 1S•el• 100.00' 77.25' 4Y. e7' RECORDS ON PiIsE�N 71E pif.E OF 71E tlNN[E CQNIY ARyE•(gl I.2e-30• I00A0' 2.0' 2.11 DAI M STATEMM iV0'70• MGM' 79.77• e1.11' - F13.30• e0A0' e1.IO' 21. L' 1•eeve' Oo.ao' 2e.2e' 12.19• GDOIONA ON THE CAOPONU COOICNATE SYSTEM ICCBS3L f'e�ee;eo' ; o�o:8P: ; NLL DIST� 3NOYV AAIE SR M UNLESS OD6N6E TO OBTAN GRID ADAMMM I•eo 2. ie.00 10.32 • 9.os DISTANCE MLTPLY GIO7D DISTANCE BY M99006ee0. N OF PAPCEL HAP NO.9 =1�6 TENT.PARCELP: O.m ATRFs crossPMC�S:S IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. BEING A RESUBDIVISION OF: LOTO 53. 50. 57. 69. 70. AND A PORTION OF LOT So. IN BLOCK A OF TRACT NO. NA►7. ATOGETHER WITHNAPPORTTIIONEOFI THE ALLBOOK EY. 20 FEET7WIDE AS SHOWNSONLSAIDUS NAP. AS VACATED 'AND ABANDONED BY RESOLUTION NO. 3210 OF THE CITY OF NEWPORT ' BEACH. RECORDED JULY 20. 1945 IN BOOK 1317. PAGE 430 OF OFFICIAL RECORDS. PETE J. DUCA AND ABANDONEDWBYHRESOLUTION NO.G92-9 OFVTHE CITY OF NEWPORT BEACH. RECORDED DUCA - McCOY. INC. R.C.E. 24668 OA UARY2ORANGE2. 1292 AS INSTRUMENT NO. 92-039962. ALL OF OFFICIAL RECORDS. COUNTY CIVIL ENGINEERS DATE OF SURVEY: SEPT&OR 1993 3 PARCELS 0.777 ACRES GROSS y 76/19-20 YN1•R 'o•' 1118. M. D. nR. Aw ION PER TRACT NO • �W A res r.Y•s• 3tvs'e. CDNSTNIILT G Yx > :•„fl'a ,Y sral••,•• _ 1S,.,E•, CENTERLINOF �J C e y a •De•s Ss. e' D. SCR. (AO YR91(1,'�• �� !` o 0 ,.e�et0N1 Y alas-6�Nale.aTf = A ycT HisTx• ,� Iw sv ae•e9•Y ii( I•Yig -so'Y 4.s ' PEP _ 1 Y MIGHNAY o $, �„ o OLD CO A0P t7-IB. o IS. 1, - ENTE0.LINE OF N,N. 2 TRACT NO. 675. Ls.,...... a „a!;' P:R......... x e=]S�'S �.Op ta00.OS'f I I S 0`.. rift' , \E'fIj.OY.S. i 24':tt• _ � "� 3y 1 -li:s� aiii' i3"rs ::.:rr :.:1Oi . _ zo :.. 14 -. 8 + , K'......... i; NSP73'30'II laa.33't 133.2a'I ^ �•�yopa�_� ••••.••••••••r•••••.... 11G:...... 'IY: DO' 8'. �S• ................... .<r.:!a•e ` �4 Ii:ci�Law°1OaTAiF3 �• '. 1 e� s Ay, r• i5 _ Icy aoB AC.0. •ef, [ 8 ..�•L�eB.... Ot ............... Ar 2 0.240 6 se +: R .To w' ............. a G 'I ,,gy6p�e qdlip .�. .., m.ao' 'OO.•T0.' `•. ...y�• q L PL'rW.r�\6M1 q7: �44 a 0.129 AC. .• w y a s ., .. O'/O• 6 �d �S d ¢c .ar3tioxi[ a5ii A 1 qti �y��rgJ4 it CI 911� f T ¢ 4i• i* 3� Y. r4' 2.14 • n.4T• °+f. Ld Td roY +�` �Y23 162.14. 0 1 I Tl '• '+"+rt�'•�.�//_ro N 7. � ,b.�•.ap,0p /�-(�t�• .t l101il'BdT NOTE& `aa :{r N'i�i4. • - mcATES FDIW F RON PPE AND Tn3 TLCE 246W PER PPUL 2015-6. Lums OTHERWISE NOTED. As a - NDCATES SET. F RON PPE A TAG ACP. 24000-. UNLESS OTHERWISE NDIM 6 - INDICATES FD. GPA CONTROL STATON AS NOT®. PEt RECORDS ON F1.E N THE OFFICE OF TIE ORANGE COUNTY SLRN:YOR INp�DICpApPPT�MEBBS,,!�¢66/M/S5��M�D3REE5C5ORD7HD�ARTYAB�P6N1pTPA�RCa PNP N0 65-257. - 9DKAT6 PECOPD U"t P� 7HACTr1D. 60. MM. 36/61.20. ' /z ( > - POCEL ATES RECORD DATA PER PARCEL NAP N0. 95.257. PER Pete. SLIS-6 UNLESS OTHERWISE NOTED. ` GAVE DATA: (( D - PDpK�A�TESp �RyEC]ORD DATA PER TRACT 673. NK 2O,D� yr CURVE DELTA SMILE RADIW ML' TANGENT • �• GGIY46YV4Jti, c I I6•po•00• u3.ea• B4.7r 43.or c 2 aa•a9•se; 333.LT' 37.67- I6.46- THE BEARINGS SHOWN HEEEON ARE BASED ON Tie BEARNG BETWEEN OP:S. HORIZONTAL C 3 06.3o•a 323.63• n.I t • 23.67: CONTROL STAMM GPA N0. 6199 AHD STATION GP.S. N0. 620D BE ND N 53'43 59W c 4 4.01.24.4 : 100.W n.3s• 4o.e3. SWUM PER RECORDS ON NNFFLrE�N 1E OFFICE OF THE ORANGE LTRPRY SIRVEYOL C S 01.24'46' 1NA0' 2.47' 1.a3• DATy1 r STATE1-�,1: WTE 1MCf Ip A] SLOfW A IECOID DATA NAM VAWGB C 0 45.4D']0' 100.00' 76.72' If.l l' , RMD N CDWlE 71E YE5IF1L2 San INESTE LY. AND C 7 3P t3.30' 60.00• 41.03- 21.36' 60UIIBLY 061NCIAE 1OD91mYSASRTEfStTDAdoAm7®NrbDO C 6 33.06'46• 60.00' 24.24' 12.29- COOIDSNTES SHO ON TIE CALFOIWA COODNATE SYSTEM ICCSIM x sNOl�jE wC DA A 19l TRnej Nv.1'IgnLaD A c °o DI•ioo•oe• 343.13• 10.01' 2s°:ooi ZONE Vl N63 NA0.-(O.OS 1950 OS AD.AATIENTA a&i c 1. 7Too'ci' Sco:": /*12': 40:2 - w'DIST06TMKE5 BRAIN ARE ON" UNE55 OTHERWISE NOTEDL TO OBTAIN GRID' I D�"em PARCEL MAP NO 85 - 2 5 7 IN THe MW OF I'll, OeISGN, GOUmv OF ORAN56, 5Tnie aF 6mFORn15U. pA°pppduinyy�A SueK y15�a t°�ne40{5rr5°• }ne �oaOAfryDek�w5r�i D�il�n66 �kE�raw�eyo�}we�DA�D�°�� i �14� STdDIlA 6V�DMC(_14E50LIiTIEn M'•SEII EY TIW G1n ETEEIIWI,IIE nDED In rem J. DUDA eedf 1e17, 4!D DF apFlt l RETARD! EreIIMIBE WunTY• 114Ta E4665 JULY , I955 OHe FARM ri tab Tj!�5,• n 4 S C ICI •�' Q` / EMT �GITERIINeUEOIATRucT10H iERTERDiM•Ino,NIL IIII!•ea jam,.to I ewe / EM ( COW HIGHWAY Y1 44ae5' (aaasT --- - w o �EnRn�f ahlo,Ea nTio/�! e'( a ThisI- - - � `% f f vf1f5 EDaee' fse4o7 e0 l' 19 A C 11 N04 67'i lb f,i / 68 d Go ' 4A I fi5 � ¢`` � " -� (1.46� A4 6R0551• I.A64 A4)WBT) !S$.v 50 m!�a7 I o CL L 41 eSYR'yW 1, I � 1!l.li' � aDaIu 6RIn!llas! 56 �_'�� 'Yc�%4r q'•6b' C0. Isal• ` 60 r• DXjvg i }RAe p � WAy Ep }•�,� !yA(nfy �E�, • 0 G,ry�OT'r�tIDfMV�E7p771pN�R1Ep�E}we �M6 e" 1-- n0 YIIM n�Lfpl{p 6n}AI� f df 11D Dl1ITA Tln TMLT n llli WE i UM7 , bl�ive. I , c. � • •: - Dffl1TE! rASaDDIT A 6EDIMEIVI DIUf(le! eaf Da1PMiq TeR 6M IIPE TIRIDIES M DIE 40'MR hnAY ApIREEIP( T5 WA Se,A,fA,e1,e{, lAD W PER RED RSinIDED 5•!•Ee W Da100), R.Sil, 01i. . am ,r1m5 pRby an B newNRT em" REMEUTIa, OLHI1, RETAADED 7•ED•45 el ©---- RniTef a AmmT A GttM nEwloRi OEAGI TaR 51'RRT/lID WMIWY TOMTIT RR RED RelaefD e•f•ie Af Ran•M•ii lei, eR. DUDA•M& IUD. CIVIL ENOInOIRS Al +w—� ber ��'�1 O � • to � �t9 tpD�HRER5�1,6 OPpry0Dpl�BpPfRINK6�5p�I NA9 UIeD�A57nD one S D�F OEMIIIBe FaR And. b MATS, ROW�DS OpORANSD e011d1WIY, MONUMDN7 NOT65 • •••-• InOMATeS TDDRD mom UMENif mmo. ■ -•--• IRDIEA b fDDIID bpuie 4 WMREA' W.7E55', AD w. o ...._ IRRDATE5 f' tROn m 4 r* llu aEef v Idea of, uR5E5s eTRERYR56lIDTEO. c •••-• IHREAjES SPIRE {NIISNER'Rkp case' Td ee SET, URIAS! eTnlRWISE TMTED. )•• INMW,TE! RETARD OAjA TOR TMOT tN 095, MM ED/1145. ( 0)- I0"5 WALATOD PRSM RETARD DATA rER TRAef R475, Mal. tollY•15. f ]--viol i!RWmu DATA CA DM RERRD q,7A fEI11RA5T u'1116, M ccD al 3 N G W 1.14 86 ' 9 40 40 3•a �¢oAs N 7WJ1 R• ��00 •26 • ss`s• • 58 W74oe a.r8•ttae`I ul / � O '� O. q 14 GJt a:Rs°4 e- I Ot Iv.� !4, >' $? 12090 �'q' j JiVA; °0 O ` / �� '� AA 1% y 1°—, o •'� �tD ai 67�' �' • �' ,�, 71 T. Ie�16.vJ. C 1 a• 1e O• I 1 4IIL 1T•Z4A a A•7o e.l • S 3 Am 54 W 55 • = 63 $�) O Yi ~ Gv O •/� ��p IR.�435 ST �' p17 •13°5 OI 1►3 1 o v fat _ g%� `sy >:a�zs ; w .�� a .ietiQas R Ge. IW7-z,.. b ��_ ,� s+ I 1 °• � Q ui 6g b 3 o G9 ,� w IOz83 N , 9 ^' li90 / / /O`�` i1.1 •o + GlT w ps s g• ��a �.r! '7Q�sa yy� Pj 70 9.''•!+, �''4W� / :s 18•Ggo ,(� ,� :A6y'� t-a °e ri a s o° , a 9�o'Z► � 1 � `� a N ti �4 � m 100 a P•3 So• �iC k v1 N 3e pr n 3 TZ41 , ti° , . .°�,e 4i I • / , q " e 43047 s 45 GO � K � • � 59 I l ap r ,�• w .sue B.IjrI ► � v1 L- v �. 9Z Qo O i .• p .r7� i 49S 48 hoc '� a b a / 'a �� $ r 55 v` ! a3 zeros n.1ee 3�0�, It ti I0484 — .. / �_ N .. 54 a �i l 3599 { 49 l516 �t 59 •r Z , 1{.su y �" A�3 a . k m i 50 a O o g 100 44.08 45 .45 pEo' o � hj 'Si e}o 40 40 n 40 15.16 �O -�/v� ]�71 �JdJ `r as 94181 Alet 9� �'03 lea s� to N39'-3 JVA .ems OZ •o I s•:1`�s 1 a N 39 -w E K 0) 10{O R'3e dJ �! �•�ea ds 1 a h 51 �o e � 94 * 43.49 ao 40 40 4o l R � 33az aO 1a 40' .. of5 �yaOZl ao d ? m Lao `10,94 4OAS 40.16 Ao Ilae m I063a) 4 5 G� 7� ear 9� 10 �f 12� �,3� 14� 15 16 17 1o4ea gpl1A 404A I Isis 3 40 -,! 'd 94.95 « .� .. .. .. « ,� a - -_�- / 3l • 7L' —• 1$'we 1 Q OG/Y oB81 I I T.4o.— I Y.geee 1 ii•30a03 I I O� 1 7.--:-.e>< N. gee M A S w w • SLEET 2 OF 2 9¢ETS � .OT�6PAR18 PARCEL MAP NO. 95-178 R85UD. 1019 ' ' NO. OF E : CE S AQIF.S'GMSS N0. ff PARCELS : 3 IN THE CITY OF NEWISORT• BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. BEING A RESUBDJVISION OF PARCEL I OF PARCEL MAP NO. G5-257 9FC08DEO IN BOOK 218. PAGES 5 AND G OF PARCEL MAPS. AND PARCEL 1 OF PARCEI MAP MO. 93.188 RECORDED IN , BOOK 255. PAGES I AND 2 OF PARCEL MAPS. ALL OF OFFICIA1 RECORDS. COUNTY OF ORANGE. STATE OF CALIFORNIA. ' PETE I DICA RCE. 24668 DATE OF SURVEY: APRIL, 1996 3 PARCELS DUCA - McgW. NC CiVL ENGP! ERS L895 ACRES GROSS , 4D,g 1116.'N.N. 36/M9.20 I ON PER G Yx , Sri p•r TRACT NO • �� oTlaa'mx• nK, Aw �s .FA ..Y... as/1-a. sTv'1 •Y 1s1.r '1 CONSTRUCT CENTERL!NO H I T a ..s. PS o. lra, ND vAs1A'o '�' s,r G � c ��i rEA r.Y,a, nan•1� .v ale.orl � - ]x ND M. 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R.S�'Kv: �:m•I d 91'TF:y. • '+i. :i • ~ a ]T�P��6T, 44P S� fIp 'Q 9T'` 0.,P" 0 .l:T'i• .- Y �g P''+�FSPgP • r wa aja �ayar.:R. o.eo• . • �s lY16 VsNvOE• S� `9"a�N,1.6 6 N.s '1 a �•'• :• ` � l4 MF• T � .10' •- 104. a•1 ..#"/ et °'/ ,ai.Fi48 I r ye Tai.s. /x 4 P� • ' it . V of o: I•Ilia: 7kx r. 4 T;�•0 Ie2. N'1 ��q 4/�1 J lt! 'tt t`•'•: Pei/i.. Nq GK RAF: rsyv Y i:i w-la, f .:'• ..•' DETAL A NO SCALE, P'IOMl°61fT NOTES mcATES FOUD T RON PPE AND TAG R.C.E. 248G8• PER Prig 256-2 UNLESS OTHERWISE NOT®. Cy o - IDICATES SET C RON PPE A TAG RCE 24668•. UM ESS OTHERWISE NOTE. cJ0 • B -- INDICATES F0. GPA COGRO- STATION AS NDTF3L Phi RC•CORDS ON FILE G • N THE OFFICE ff 17E CRANGE LOLEN SURVEYOR I T - INDICATES WPM 28�Sdi•2 1� T MCD 7potDDf TyCAA PBI 7IPiN�1t,I NM N0. 03•Dfa NOCATES RECORD DATA PER PARCEL W NDa6iS/. Pet PJIL 211/5.8 ONE A• UNLESS OTHEIM NOTED6 tW iSo•ao• • 32a.a3• 81.78• 42.63 BASE -OF BEAMM .. •w•s6' 323.3' a7.e7' la.ae' THE BFAFM SHOWN N3EON ARE BASED ON THE REARM BETWEEN O.CA HORIZONTAL c•�eso� we ecr��e[� • a0.01- 323.a3' 41.1 I • 2].00• CONTROL STATION GPS HA GM AND STATION 0P3 N0. G20D SEND N 53'" OM EASEMENTS Vr• .:cW[Yf • IS'11' 100.00' ».IS' 10.07' PER RECORDS ON FILE N THE OFFICE OF TIE ORANGE COUNTY IIRVEYO. .24.40' 100.00' 2.47• 1.2a' M jaF$JPw� 7 •4o 3o ioo.ao: 1P.7: 4:.11 DATW STATEP@!L i al*Im 1p�fi /N 6t�ult rw MOLT NG •13.30' Sam- Ii.Oa- 2i.3s- MY ww g xnx:Ort xo wOIIbeYa O5 4G• G0.00• 24.24' 12.20• a00TmNA O7 THE CALFOIM COORDINATE SYSTEM NYdGR i 11G[IAR6 WJtlIN IOIDI07MOROOF EAOd[iq xBC NdAA1WL •39'.' 4.ZONE VI OIl NA0.1101135 E'OOI OCS O+S ADAtRrBOI •Io•�S• �13:61:18.81µ10BCANCE9 sIDWN AAE O1O2A lU1F59 oTPERNSE tA7®. TO WiAN fsm.4D•0.i• aie:oo• ia° ]i• 11: ef' 06TANIE MLTPLY OIOUD OMTANLE BY 0.99W6M0. • :7 ALL OF REM. PARCEL MAP NA PARCEL -MAP NO. 95-171 AgEAGE : N95 AtlES G9R055 No. OF PARCELS : 3 IN THE CITY OF NEWPORT BEACH. COUNTY OF ORANGE. STATE OF CALIFORNIA. BLOCK MODULE' 5250 27. 28 BEING A 8. SION FYAl�EAND L I OF CILOF MAP NO. SNo. CORDED IN BDOX 2IN RAND U6DOFIE93p186 PAGES 5 PARCEL PARCEL MAP RECORDED MAPS.PARCEL BOOK 285. PAGES I AND 2 OF PARCEL IS. ALL OF OFFICIAL RECORDS. COUNTY OF ORANGE. STATE OF CALIFORNIA. DATE OF SURVEY: APRIL .I996 3 PARCELS ' L895 ACRES CROSS PETE J. DUCA R.C.E. 24668 OWNERSW CERTIFICATE : WE. THE UNDERSO ED. BEND ALL PARTIES HAVING ANY RELOAD TITLE WSW N THE LARD COVERED BY THIS NAPP, DO H MEBY CWWff TO THE PREPARATON AND RECORDATION OF SAD MAP. AS SHOWN WITHIN THE DISTINCTIVE BODEN LIE. RECORD OWNERS: SOUTHERN CALFORNA IBEWNF A PENSION Y.. 11iA2cw Rd�TY A.V2WOwW� .Ti A.)N.AI.Wb wWGat• I L ��cO>• KFNHETH J.J. CATANZARRE . L MTANTAMIF. CALFURNA FEDERAL BAP, A FEDERAL SAVNGS BANK BFAT9M' UNDER A DEED OF TRUST TRREL ORMI) AS NSTNNENT NO. 44.ObblOO OF On4LUd RFOOIDS, 6CTVVOR F NANDB2 ASSISTANT VICEPRERODENT .� . +Y 51AIF OF LN F I COMI OF,.. I SS u__9E E.3_4 1 _ �.r n _J:rL�ye_!e°7egfr� pr .ay gp.e srose__Ezeaca°Z p..er Sea ro .oT. pre+•d n m an nr be.: rl wifnnury arimr•TioU JM --- p od. d..e omdd TJ.. eb.nbea 1. 0..i9h b.t—ma .d .1- I. Ao Wot WJw/Oe Ned d. m V N. An/MF oo ai od cgmk Got sd 9iA1 b. K/Mr/ =..1J . I. Eso—i to pr..4L r tM e,faV Igor bddF Ar ol" 0. P-10 .ILA ....W A. i 1-1. Wino y Fad ­Ar— r _ (p.A)� 9tt792 ____�itl9iRy l+e.rxw/Gi Hy Caao+un •�pFn_�.� I INo. Prated 1 bTATE OF CALIFORNIA 1 COMP or -ORANGE H 55 �14. R�14 PK RP.s ""�IN1fifCT �.M1 1'f • p.. le.m to s 1. prar.d 1. a, th hoic of mleron.ry id.er•H to b. So pv..4 dm. —in b/w .rb 0. •ift 61r= and m6a.y�.� le m " M/ds�.P• u.ae.d the .a. b N./h m..F ad— .d apmbr 6.1 ad 3tm b N.m.r/M igmvdi m Or i.tna.m A. pa.mN. ar M .rmP P. b.hd ordah nm P.-M and n..nd dr i.n..u. 3igiAhr._! n and for for ladm NolaY RAF Stme Y 'orvAA. M• M1�htner IycepIm.WFm fC I Noe. Frhtd I STATE OF CALIFORNIA 1 SS COUNTY OFL.S p.A•a.d Aiw.AA.0 �b0..fw� IAom le •. I.wared� el oeWregary .dde..l ro b. do per d•- —W b/ A8w!•d le d. Odin iom and admd.dl.d 1e .. d.1 MiduAdry —.d it — h M A -I*— ael.erieed cT tT a ad 31m b� NL/ 1% mdg _" m tH. 'mtrto.. d. P... m er d...A1p 4_ bd.F S! d:d1 dom por—M octal m a-d O. E.tr1..e. W.nm y hod m-trIll =12 N�mYr W °y. /4A..A w S. [r-. K NY Caeidon .PIE. /0d/- Pi' 1 N.. Plbd1 ACCEPTED AND AT THE DATE :y031IBOLVAL", L99Lw WE : 156 R.WN. FEE S Irl-M MTPoREN( P�991n�rJSSkO_�P IM_ BOOK 294 PAGE 29-M MY L GRANVLLE ^C`OUN,T'Y CLERI(-RECORDER BY DUCA - McCOY. NC. CRIL ENGNEERS .ENGINEER'S STATEMENT.: CITY ENGINEER'S STATEMENT : I HEREBY STAYF THAT I HAVE EYAHWED 7145 MAP AND HAVE FOUND R TO BE SBbTANRALd Y N CO FOBMANCE WITH THE TENTATIVE RAP. IFED. REOLRAS FLED WTTHL APF DED AND APPPOVED BY THE LDTY PLANNG CMSWM THAT ALL PROVNQIS OF TIE SUBDIVISION MAP ACT AND CRY MONSOON REGU.ATKINS HAVE BEEN COPLED NTHI IPN V 9OI�BOF SE�CMgY08976mIH CITY lK SE SUBDIVION MAP ACTRST AP RANT TO THE DATED TNS__2"___DA1 OF_,Q¢7�EIE_�_Sffi. LTWILLFffCAM A. PA POR1-BF BV: /IGOl�m 0-ai 0.CE.2490 TQ_ RCF. E . DATE 12131197 COUNTY SURVEYOR'S STATEMENT : TH0 IMP QWUPI1J WITH OF MAPPING FPUVOONS OF THE SLEDNSDN NAP ACT AND I AM SATISFIED IMPNAR b TEOWALL Y ECT. 1Tl--SAD DATED TINS—a=_DAY OF__Qftkii ___Al iQp� CAMAS. COLNTY SURVEYOR PC- ar U CHAEL EYYONS.OEM" LS 1599 EKRRER• 12.31.26 COUNTY TREASURER - TAX COLLECTORS CERTFICATE STATE C ouNTV OF ORANGE ) SS I HEREBY C8ffY THAT ACCORDING TO THE RECORDS OF MY OFFICE THERE ARE NO LENS AGA MI THE LARD COVERED BY TIES HAP OR ANY PART THEREOF FOR UNPAID STATE COUNTY. MINCPAL OR LOCAL TAXES OR SPECIAL ASSESSPENTS COUECI® ASINIF BBY6iED4)Y.T/WMP. DATED. ,0-.Al GFOC JON N W. MORBAO COUNTY TREARINER-TAX COLLECTOR DEPUTY TREASURER -TAX CLJ.ECTOR SIGNATURE OMISSIONS NOTE: PURSUANT TO THE PROYBIOLS OF SECTION 66435.0 OF THE SlBON6ON MAP ACT' •' ' THE FOLLOWING SGHIATIRES HAVE BEEN OPSTT13k • PURPOSE STATEMENT: L TIE OTY OF FE1MPoRi BBEEAAppLL FRD61 CF AR FtlR DRANALE AID NTnBNfAL PUPOSFS RECODED AS Fb1TR2HR N0. 92039962 OR THE RliP05E OF THIS PARCEL MA B TO ESTANAI •TMff TABLES FROM L THE tm OF HYAPORT FAIX IISlD9l OF AN FASM FOR STREET AND NOWAY RWOSES RECORDED AS FB1RU@IT ML 69W]Z960. OR TWO EXISTNO PARCELS. 1 THE STATE OF CALFOON SOLDER CF AN OFFER OF FASB$lT FOR RIHL HECREATONAI TRAL INGRESS AND EGRESS PURPOSES RECORDED AS NSTWUBft NO. 94CS9257L OA ' 0 0000 .t0 SETTLEMENT AGREtMENT AN6 MUTUAL RELEASE THIS AGREEMENT ("Agreement") is made and entered into as of July 24, 1996, by and among Kenneth J. Catanzarite on behalf of himself and each of his nominees,' successors, assigns, agents, representatives, co - owners, co -tenants,' subtenants, partners, trusts, trustees, contractors and subcontractors ("Catanzarite"), the Southern California IBEW-NECA Pension Plan, its nominees, successors and assigns ("IBEW"), and the City of Newport Beach, California ("City"). Catanzarite, IBEW, Thomas and City are sometimes collectively referred to herein as the "Parties." This Agreement is made with reference and respect to the following facts or circumstances: Recitals A. Catanzarite represents that he is the owner of the fee interest in _ the property described on Exhibit "A" attached hereto, commonly known as 352 Hazel Drive, Corona del Mar, California, in the County of Orange ("352 Hazel Drive"). Catanzarite further represents that he has the authority of all other owners of any interest in 352 Hazel Drive to bind them as set forth below. B. IBEW owns the property which is legally described on Exhibit "B" attached hereto (the "Summerhouse Property"). 352 Hazel Drive and the Summerhouse Property share a common property line (the North line of 352 Hazel Drive and the South line of the Summerhouse Property). James C. Thomas, Jr. ('Thomas') entered into a contract to purchase the Summerhouse Property from IBEW and has obtained a use permit for the Summerhouse Property granted by City, on or about August 28, 1995 (the "Use Permit"). IBEW alleges that the purchase contract has been terminated or lapsed; Thomas alleges that it continues in effect. C. -On August 25, 1995, Catanzarite commenced litigation against IBEW and Thomas in Orange County Superior Court, Case No. 751945 (the "Civil Action"). Catanzarite alleges, among other things, that Thomas's development plan for an elderly care facility on the Summerhouse Property encroaches approximately three (3) feet onto 352 Hazel Drive, and that the development plan submitted to City contains material factual omissions and/or - material factual misrepresentations regarding Thomas's grading plan. By the Civil Action, Catanzarite seeks to quiet title to the disputed portion of the property (i.e., the exact location of the property line between 352 Hazel Drive �. and the Summerhouse Property), to enjoin IBEW or Thomas from coming onto said portion to implement the grading plan, and to obtain damages and other OCW61970016 relief. Catanzarite added City as a defendant in the Civil Action to the first and second causes of action.. D. Catanzarite and IBEW desire for City to amend its General Plan to the extent necessary to accommodate (i) anticipated property line adjustments between 352 Hazel Drive and the Summerhouse Property and (ii) Catanzarite's proposed subdivision of 352 Hazel Drive. The property line adjustment is reflected in the new Legal Descriptions also set forth in Exhibits "A" and "B," as well as in Exhibit "C." E. The Parties now deem it in their best interests and to their mutual advantage to settle, compromise, and dispose of, fully and completely, any and all claims, demands, and causes of action arising out of, resulting from, connected with, or incidental'to (i) the Civil Action, (ii) 352 Hazel Drive, (iii) the Summerhouse Property, (iv) the Use Permit, and (v) all their dealings prior to the date of this Agreement, all as is more particularly set forth herein. Agreement NOW, THEREFORE, in consideration of the foregoing, of the following promises, conditions, covenants, agreements, representations and warranties, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged by each of the Parties, and intending to be legally bound, the Parties agree as follows: 1. Conditions of This Agreement. 1.1 Catanzarite agrees that if, in the future, a use permits) substantially similar to the Use Permit obtained by Thomas is sought by IBEW or its nominees, successors or assigns, then Catanzarite, as well as his nominees, successors and assigns, shall refrain from (i) hindering, delaying or opposing in any way the efforts to obtain such permit(s) and any related permits, maps, inspections, clearances, and approvals, (ii) encouraging, assisting, soliciting, promoting, funding or supporting in any way, directly or indirectly, any opposition to such efforts to obtain such future use permit(s) and related approvals, and (iii) making' or supporting any contact with any government agency responsible for issuing such permit(s) and related approvals. 1.2 In conjunction with the execution of this Agreement, Catanzarite and IBEW shall execute and, where applicable, notarize, instruments in the form of Exhibits "C" - "L" attached hereto. Within fifteen (15) days thereafter, Lender (as defined below) shall execute and notarize instruments in the foram of Exhibits "N" and "O" attached hereto. After execution ocU61970016 - 2 - and, where applicable, notarization, the instruments in the form Exhibits "D" - "L," "N" and "O" shall be delivered to Rensselaer J. Smith IV, the attorney for IBEW ("Smith'), for recording or filing according to the terms of this Agreement. 1.3 ' Upon (1) the final, non -appealable approval by City of (a) this Agreement, (b) the General Plan Amendment to comply with this Agreement, and (c) the Amendment Application (including zoning changes) submitted by IBEW and Catanzarite to the City in February/March 1996, and (2) the recordation in the Orange County Recorder's Office of instruments in the ' R "" " the form of Exhibits C"Parcel Map"), " " _ ( p) (the "Catanzarite Deed") and "S" (the "IBEW Deed") attached hereto, then, as soon as reasonably possible thereafter, Smith is authorized by the Parties to record the instruments in the forms of Exhibits "D" - 'W", "N" and "O" with the Orange County Recorder's Office, and file the instrument in the form of Exhibit "L" with the Orange County Superior Court. Recording fees shall be the sole or shared expense of Catanzarite and IBEW, as set forth in Exhibit "Q". Filing fees for the instrument in the form of Exhibit "L", if any, shall be the expense of Catanzarite. 2. Lot Line Adiustment. 2.1 The lot line between 352 Hazel Drive and the Summerhouse Property shall 'be adjusted as described in the Parcel Map. IBEW and Catanzarite agree to execute, acknowledge and record all documents which may be necessary to effectuate the adjustment of the lot line and, in this regard, (i) Catanzarite shall execute and acknowledge the Catanzarite Deed as well as arrange for the execution and acknowledgment of the Parcel Map by Lender and (ii) IBEW shall execute and acknowledge the IBEW Deed. 2.2 City agrees to consider changes to the Land Use Element of the General Plan, the Zoning Ordinance of the City of Newport Beach, and other relevant plans, policies and resolutions as necessary to ensure appropriate land use designations for the property described in the Parcel Map. City acknowledges and agrees that approval of the Parcel Map and related amendments to the General Plan and Zoning Ordinance are intended to implement projects approved by the City' for the Summerhouse Property and 352 Hazel Drive and, accordingly, do not adversely effect or modify previously approved permits or projects. The proposed amendments to the General Plan and the -Zoning Ordinance will be considered by the City Council on July 22, 1996. Assuming City Council approval, the resolution amending the General Plan will become effective immediately while the resolution amending the relevant Zoning Ordinance will become effective thirty (36) days after Council approval. OM961970016 _ 3 2.3 Catanzarite and/or IBEW are responsible for processing and recordation of the Parcel Map, the Catanzarite Deed and the IBEW Deed. City shall notify Catanzarite and IBEW of any legal challenge filed by any third party to the Parcel Map, General Plan Amendment, Zoning Amendment, or other approval. 2.4 In the event City does not approve the General Plan Amendment or Zoning Amendment, or the Parcel Map, Catanzarite Deed and IBEW Deed are not recorded in the Official Records of Orange County, California, this Agreement shall terminate and be of no force or effect. 2.5 As between Catanzarite and IBEW, Catanzarite agrees to be responsible for, and pay, all fees and costs associated with processing the General Plan Amendment, Zoning Amendment, Parcel Map and any other approval required of City. 2.6 Catanzarite acknowledges and agrees that while the Catanzarite Deed shall be a grant. deed, the IBEW Deed shall be a quitclaim deed. This results from the fact that the Summerhouse Property is subject not only to claims by Catanzarite, including without limitation the Civil Action, but also is or may be subject to the claims of Thomas, including without limitation an action for specific performance and/or a notice of pendency of action or lis pendens. Catanzarite further acknowledges and agrees that the existence of Thomas' claims, including without limitation any litigation in the nature of specific performance or otherwise and/or a notice of pendency of action, lis pendens or any other lien or encumbrance effecting the Summerhouse property or any part thereof or interest therein shall in no way affect this Agreement or subject IBEW to any claim by or obligation, liability or duty to Catanzarite. 3. View Easement Agreements. 3.1 Catanzarite grants to IBEW and its successors and assigns a view easement beginning at an elevation of ninety-eight (98) feet as shown on the Rough Grading Plan for the Summerhouse Property/352 Hazel Drive prepared by Duca-McCoy, Inc., Civil Engineers, in that certain area of approximately four hundred (400) square feet of 352 Hazel Drive as reflected in Exhibit "D" and referred to as the "Unobstructed View Easement Agreement" 3.2 Catanzarite grants to IBEW and its successors and assigns a view easement over that portion of 352 Hazel Drive as reflected in Exhibit 'E' and referred to as the "View Easement Agreement" OC%61970016 _ a _ 3.3 Notwithstanding the existence of the Rough Grading Plan referenced hereinabove or any other grading plans, the Exhibits attached hereto and/or any other agreement entered into by or between Catanzarite and- IBEW, neither Catanzarite nor Catanzarite's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Summerhouse Property, 352 Hazel Drive or otherwise in such a manner which shall result in the need for or any requirement that IBEW or any successor -in -interest in or to the Summerhouse Property or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plans, the Exhibits hereto and/or any other agreement to which the parties hereto are a party. 4. Landscape Easement Agreement. Catanzarite grants to IBEW and its successors and assigns a landscape easement over that portion of 352 Hazel Drive reflected in Exhibit 'F" and referred to as the "Landscape Easement." 5. Grading Easement Agreement. Catanzarite grants to IBEW and its successors and assigns a right to enter upon 352 Hazel Drive with the objective and purpose of grading 352 Hazel Drive and reducing the cost of shoring and retaining walls on the Summerhouse Property, according to a grading plan and soils report, as reflected in Exhibit "G" and referred to as the "Grading Easement." . 6. Wall Screening Restriction. Catanzarite grants to IBEW and its successors and assigns a wall screening restriction concerning the first floor of the north wall of any house to be constructed on the lot closest to Hazel Drive as reflected in Exhibit "H" and referred to as the "Wall Screening Restriction" 7. Construction Staging Easement. Catanzarite grants to IBEW and its successors and assigns a construction staging easement for the purpose of grading 352 Hazel Drive and constructing the improvements upon the Summerhouse Property, as reflected in Exhibit "I" and referred to as the "Construction Staging Easement" 8. [INTENTIONALLY OMITTED]. 9. Waiver of Riaht of Access Over Glenn Drive and Grading Grant. Catanzarite and IBEW, for themselves and their heirs, beneficiaries, successors and assigns, hereby waive any and all right of access to or from their respective properties over and across Glenn Drive. City agrees to consider adoption of a Resolution of Abandonment in the form previously oc%961970016 _ s _ presented to the City Council. City shall record this Resolution of Abandonment as soon as practical after approval by City Council. City shall notify both Catanzarite and IBEW when the Resolution of Abandonment has been recorded and Catanzarite and IBEW may receive copies of the Resolution upon request of the City Clerk. 10. Public Lookout. IBEW acknowledges that the Use Permit requires any person or entity developing the Summerhouse Property pursuant to the Use Permit as a residential care facility for the elderly or, if City so requires, any other facility, to build a public lookout at the East end of the Summerhouse property. If constructed, City agrees to accept the public lookout improvements upon completion in accordance with the plans and specifications approved by City's Building Department and to, thereafter, maintain the public lookout. City further agrees that the developer of the Property, including its successors and assigns, whether it is IBEW or IBEW's successors and assigns, shall be permitted to exclusively use the public lookout until such time as a residential care facility for the elderly or other facility commences operation. Except in connection with the development of the Summerhouse Property pursuant to the Use Permit and any development for which the -Use Permit is required, neither IBEW nor its successors or assigns shall have any obligation, liability or duty under this paragraph or the Use Permit; in other words, other than in connection with development of the Property as a residential care facility for the elderly or, if the City so requires, another facility and as a result of the need for the Use Permit in connection therewith, neither IBEW nor its successors or assigns have or shall have any obligation, liability or duty under this paragraph or the Use Permit. 11. Building Setback Easement. Catanzarite grants to IBEW and its successors and assigns a fourteen (14) foot building first floor setback easement from the adjacent property line between 352 Hazel Drive and the Summerhouse Property, as more particularly reflected in Exhibit "J" and referred to as the "Building Setback Easement." 12. Subdivision of 352 Hazel Drive. IBEW agrees that it shall not object in any way to Catanzarite's subdivision of 352 Hazel Drive into two (2) parcels, in accordance with the Tentative Parcel Map No. 95-178, which is attached hereto as Exhibit "P." Catanzarite agrees to be solely responsible for the fees and costs associated with the foregoing subdivision, including without limitation the preparation and recordation on any Final Parcel Map (i.e., the Parcel Map). 0CM1970016 .6 . 13. Lender Consent. 13.1 Catanzarite represents and warrants to and for the benefit of IBEW that (1) no person or entity other than Catanzarite and California Federal Bank, FSB ("Lender") has any interest, legal, equitable, security or otherwise, in or to 352 Hazel Drive, and (ii) Catanzarite has secured, at his sole expense, the approval of Lender as well as Catanzarite's spouse to the lot line adjustments contemplated by and to be accomplished pursuant to this Agreement as well as the subdivision, demolition, easements, rights and restrictions granted herein and/or pursuant hereto. Lender's consent and subordination, to be more fully expressed in instruments in the form of Exhibits "N" (the "Partial Reconveyance") and "O" (the "Subordination") attached hereto, are and shall be evidenced by Lender consenting and .subordinating to the various easements, rights, and restrictions attached hereto, as well as Lender releasing its security interest in that portion of 352 Hazel Drive which is to become a part of the Summerhouse Property from the security of Lender's Deed of Trust encumbering 352 Hazel Drive. Catanzarite hereby authorizes Smith to record, at Catanzarite's sole expense, the fully executed and notarized Partial Reconveyance and Subordination as soon as reasonably possible after the date of receipt of the final, non -appealable approval by the City of Newport Beach of (a) this Agreement, (b) the General Plan Amendment to comply with this Agreement, (c) the Amendment Application (including zoning changes) submitted by IBEW and Catanzarite in June 1996, and (d) the recording in the Orange County Recorder's Office of the Parcel Map. If the Partial Reconveyance and Subordination are not approved and signed by Lender and then notarized and delivered to Smith, together with Lender's irrevocable approval and authorization to record as contemplated hereby, within fifteen (15) days of full execution of this Agreement and the other instruments contemplated hereby by the Parties, then this Agreement shall terminate and be of no force or effect. 13.2 As an accommodation to Lender, upon Lender's irrevocable request, approval and authorization, Smith shall also record a modification to Lender's Deed of Trust containing the new (i.e., corrected) legal description of 352 Hazel Drive in accordance with the Parcel Map. The Parties intend that recordation of documents pursuant to this Agreement shall be accomplished in the following order: (i) First, the Parcel Map; (ii) second, the Partial Reconveyance; (iii) third, the Catanzarite Deed and the IBEW Deed; (iv) fourth, Lender's modification of the Deed of Trust (to be recorded to correct the .legal description of 352 Hazel Drive); (v) fifth, all of the various other easements, rights and restrictions granted herein and/or pursuant hereto, including without limitation the "Release" and the "Dismissal" (as defined below), but excluding the Subordination (the Dismissal is, however, to be filed with the Orange .7- County Superior Court, rather than recorded in the, Official Records of Orange County, California; further, the Parties acknowledge and agree that the Release may be recorded and the Dismissal filed earlier in order to accommodate the conditions set forth in paragraph 15 below); and (vi), finally, the Subordination. Lender's irrevocable. approval and authorization to record the Partial Reconveyance and the Subordination should include -authorization to insert and/or attach the date, legal descriptions and other information required to complete the documents, including without limitation the blanks set forth in the second recital paragraph of the Subordination (see provisions (i) through (vii), inclusive, on page 2 of the Subordination). 14. [INTENTIONALLY OMITTED] 15. Request for Dismissal. At substantially the same time as the recording, according to the terms of this Agreement, of the Exhibits "D" "N," and "O" in the Orange County Recorder's Office, Catanzarite authorizes Smith to cause to be filed with the Orange County Superior Court a request for dismissal with prejudice in the form -of Exhibit "L" attached hereto (the "Dismissal"). Catanzarite, on. execution of this Agreement, shall execute the Dismissal and all appropriate documentation in recordable form to release the lis pendens/notice of pendency of action recorded against the Summerhouse Property, including without limitation a release (the "Release"). The form of Release is attached hereto as Exhibit "K." Catanzarite authorizes Smith to record the Release at the same time the instruments in the form of Exhibits "D" - "J," "N" and "O" are recorded. Catanzarite shall promptly execute such other and further documents as may be necessary and shall otherwise cooperate to insure that the lis pendens(notice of pendency of action has no future impact on the Summerhouse Property. Filing and entry of a proper and effective Dismissal and recordation of an effective Release, Partial Reconveyance -and Subordination are conditions precedent to all the obligations of IBEW hereunder. This Agreement shall have no force or effect until such conditions precedent have been satisfied. 16. Writ of Mandate. Catanzarite agrees that he will not seek a writ of mandate regarding the granting of or otherwise oppose in any manner, directly or indirectly, the Use Permit, including without limitation any construction or development in accordance therewith or pursuant thereto. Catanzarite further agrees that if, in the future, a use permit substantially similar to the Use Permit obtained by Thomas is sought by IBEW or its nominees, successors or assigns, then Catanzarite shall refrain from (i) hindering, delaying or opposing in any way the efforts to obtain such permit(s) and any related permits, maps, inspections, clearances, and approvals, (ii) encouraging, assisting, soliciting, promoting, funding or supporting in any way, OCM1970016 _ -8- directly or indirectly, any opposition to such efforts to obtain such future use permit and related approvals, and (iii) making or supporting any contact with any government agency responsible for issuing such permit and related approvals. 17. General Release. Except as expressly provided in this Agreement, IBEW, City and Catanzarite, for themselves and each of their agents, representatives, heirs, executors, administrators, co -owners, co- tenants, subtenants, successors -in -interest, assigns, partners, trusts, trustees, contractors and subcontractors, past and present, hereby release and discharge one another from any and all claims, demands, actions, causes of action, obligations, liabilities, losses, debts, contracts, covenants, duties, damages, expenses, costs, costs on appeal and charges of whatever kind, whether known or unknown, suspected or unsuspected, which exist or may exist as of the effective date of this Agreement regarding and/or arising from or pertaining to (i) the Civil Action, (ii) the common property line separating 352 Hazel Drive and the Summerhouse Property, (iii) this Agreement, (iv) the Use Permit, and (v) all their dealings prior to the date of this Agreement relating to any of the foregoing. The Parties, and each of them, acknowledge that they are familiar with and understand Section 1542 of the Civil Code of the State of California which provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. The Parties, and each of them, each hereby waive and relinquish every right or benefit which they have or may have under Section 1542 of the Civil Code of the State of California to the full extent that they may lawfully waive such right or benefit. In connection with such waiver and relinquishment, the Parties, and each of them, acknowledge that they may discover facts in addition to or different from those which they know or believe to be true with respect to the subject matter of this Agreement, but that it is their intention hereby to fully, finally and forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected, which may exist or heretofore have existed with respect to the Civil Action and the other matters covered herein or contemplated hereby. The release given herein shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different facts. Each of Catanzarite and City acknowledges and agrees that Thomas, including his nominees, successors or assigns, is included in each party's release of IBEW or others contained herein. OM61970016 .9 . 18. Further Documents. The Parties agree to execute all additional documents necessary to complete, document, and implement this Agreement. 19. Counterparts. This Agreement may be signed in counterparts and shall, subject to the terms of paragraphs 2, 13 and 15, become effective when signed by all Parties hereto. 20. Advice of Counsel; Construction of Agreement. All Parties acknowledge that they have had the advice and assistance of legal counsel of their choice in negotiating and preparing this Agreement. This Agreement is the result of negotiations among the Parties, and, as such, it shall be construed neutrally and neither for nor against any party hereto. 21. Notices. All notices required or permitted by this Agreement shall be in writing and shall be served either personally or by first class mail, postage prepaid. Notices personally served shall be effective when served. Mailed notices shall be effective three (3) days after mailing. The Parties' addresses for notices shall be as follows: a. If to Catanzarite: Kenneth J. Catanzarite 2331 West Lincoln Avenue Anaheim, California 92801 b. If to IBEW: c/o American Realty Advisors 700 North Brand Blvd., Suite 300 Glendale, California 91203 Attention: Scott Darling, Esq. and clo American Realty Advisors 700 North Brand Boulevard, Suite 300 Glendale, California 91203 Attention: Mr. Stanley L. lezman C. If to City: Robert H. Burnham, Esq. City Attorney City of Newport Beach P.O. Box 1768 Newport Beach, California 92658-8915 Any address for notices may be changed from time to time in the same manner as provided for the giving of notices. 0CM1970016 .10 - 22. Disputes. Any disputes concerning this Agreement which the Parties cannot resolve themselves shall be resolved by submission of the dispute to the Orange County Superior Court which shall have sole and exclusive jurisdiction over this Agreement, the Parties hereto and all related matters and issues. The prevailing party in any such litigation shall, in addition to any other relief or damages which he or it may be awarded, also be awarded as damages his or its reasonable attorneys' fees, costs and other expenses incurred in prosecuting or defending such action. 23. BindinQ Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties and their respective agents, representatives, heirs, executors, administrators, legal representatives, successors and assigns. Except (i) for the disclosures concerning Thomas in the Recitals or (ii) as provided in subparagraph 2.2 above, each of the Parties hereto warrants and represents that it has not heretofore assigned or transferred, or purported to have assigned or transferred to any person or entity whatsoever, any matter released or covered by this Agreement, or any part or portion thereof. Further, each of the Parties (other than IBEW with respect to, but only with respect to, Thomas or his nominees, successors or assigns) agrees to indemnify, defend and hold the other Parties hereto, and each of them, free and harmless of, from and against any and all claims, demands, causes of action, liabilities, obligations, judgments, losses, damages, penalties, fees, costs and expenses, including without limitation attorneys' fees, litigation costs and/or disbursements, arising out of, resulting from, related to or in connection with any person or entity asserting any claim pursuant to any such assignment or transfer. 24. Authority. Each person who executes this Agreement represents to all other Parties that he or she does so with the full knowledge, consent and express authority of any principal on whose behalf he or she executes and delivers this Agreement. Further, each person who executes this Agreement agrees to indemnify, defend and hold the Parties hereto, and each of them, free and harmless of, from and against any and all claims, demands, causes of action, liabilities, obligations, judgments, losses, damages, penalties, fees, costs and expenses, including without limitation attomeys' fees, litigation costs and/or disbursements, arising out of, resulting from, relating to, or in connection with any person or entity asserting any claim based on or arising from any lack of such authority. 25. Recitals and Exhibits. The Recitals set forth at the beginning, as well as the Exhibits referred to in the body, of this Agreement are incorporated herein as if set forth in this paragraph in full. OC*61970016 26. Entire Agreement: Amendments. This Agreement constitutes the entire agreement among the Parties. This Agreement is a fully integrated agreement. All prior or contemporaneous negotiations and agreements are incorporated herein. This Agreement may be amended only by a writing signed by all Parties; provided, however, that Catanzarite and IBEW may amend this Agreement as and with respect to matters which do not effect City without City's signature or consent. 27. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by any party or parties to this Agreement against another party or the other parties to this Agreement, the prevailing party or parties shall be entitled to receive from the other party or parties, in addition to any other relief that may be granted, reasonable attorneys' fees, costs,. and. expenses incurred in the' action or proceeding incurred by the prevailing party. Other than as provided herein, each of the Parties hereto shall bear its own attorneys' fees and costs involved in the Civil Action and the negotiation of preparation of this Agreement and the related attachments and Exhibits. 28. Purchase Contract. If the purchase contract referenced in Recital B is reinstated or Thomas (or a successor assign of Thomas) otherwise acquires title to the Summerhouse Property, Catanzarite understands, acknowledges and agrees that IBEW's rights and benefits under this Agreement shall accrue to and inure to the benefit of Thomas or his successors and assigns. Further in this regard, to the extent that Thomas or his successors or assigns takes title to the Summerhouse Property prior to the final recordation of the various easements, agreements and other instruments granted, created or to be granted or created pursuant hereto and which are attached hereto as Exhibits, such easements, agreements and other instruments shall be amended and modified, as appropriate, so that Thomas or his successors or assigns are substituted for IBEW as a party .thereto. Additionally in such event, Anthony R. Russell, the attorney for Thomas,' shall be entitled to perform all of the acts which are contemplated to be performed by Smith under the terms of this Agreement. OCW61970016 _ 12 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. N J� RITE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: Title: CITY OF NEWPORT BEACH By: Name: Title: Attest: By: Name: Title: wn OC1961970016 . 13 - IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. KENNETH J. CATANZARITE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a Califomia corporation doing business as AmeyiRealty Advisors Its/A r' ed Agent By:..-* 0 ' I t RA Name:Sta yiLV fezman Title: President CITY OF NEWPORT BEACH By: Name: Title: Attest: By: Name: Title: oCM 1970016 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first above written. KENNETH J. CATANZARITE SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation doing business as American Realty Advisors Its: Authorized Agent By: Name: Title: CITY OF NEWPORT BEACH By: Title: r_'',� 197, Attest: By:'�ry Name: ` " ? Title: 0CM1970016 -13 - EXHIBIT "A LEGAL DESCRIPTION PRESENT LEGAL DESCRIPTION - PRIOR TO RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF WHICH THIS EXHIBIT "A" IS A PART: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 93-186, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 285, PAGES 1 AND 2 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. NEW LEGAL DESCRIPTION - AFTER RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCW61720012 - Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION PRESENT LEGAL DESCRIPTION - PRIOR TO RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE OF WHICH THIS EXHIBIT `B" IS A PART: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO. 85-257, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILM, IN BOOK 218, PAGES 5 AND 6 INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. NEW LEGAL DESCRIPTION - AFTER RECORDING PARCEL MAP SUBDIVISION AS SET FORTH IN EXHIBIT "C" TO THE SETTLEMENT AGREEMENT AND MUTUAL RELEASE: ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00961720012 - Exhibit "B" SHEET I OF 2 SHEETS Su>; ALL OF TENT. PARCEL MAP NO. 95-178 s� ACREAGE : L895 ACRES GROSS PARCEL fflAP No 95 178 NO. OF PARCELS : 3 IN THE CITY OF -NEWPORT BEACH.* COUNTY OF ORANGE. STATE OF - CALIFORNIA. BLOCK MODULE BEING A RESUBDIVISION OF PARCEL I OF PARCEL MAP NO. 85-257 RECORDED IN -BOOK 218. 5250 27. 28 PAGES 5 AND 6 OF PARCEL MAPS. AND PARCEL I OF PARCEL MAP N0. 93-186 RECORDED IN BOOK 285. PAGES I AND 2 OF PARCEL MAPS. ALL OF OFFICIAL RECORDS. COUNTY OF ORANGE. STATE OF CALIFORNIA. DATE OF SURVEY: FEBRUARY. 1996 3 PARCELS 1.895 ACRES GROSS PETE J. DUCA R.C.E. 24668 OWNERSHIP CERTIFICATE WE THE UNDERSIGNED. BENG ALL PARTIES HAVING ANY -RECORD TITLE INTEREST N THE LAND COVERED BY THIS MAP. DO HAY CONSENT TO Tif- PREPARATION AND RECORDATION OF SAID MAP. AS SHOWN WITHIN THE DISTINCTIVE BORDER Lam. RECORD OWNERS.: THE SOUTHERN CALIFORNIA BEW-NEDA PENSION PLAN KENNETH J. CATANZARITE KENNETH J. CATMRAWE CALIFORNIA FEDERAL` ,BANK. A FEDERAL SAVINGS BANK BENEFICIARY UNDER A DEED; Jr TRUST RECORDE i i S NS i rcUMEN T N0. 94-0663801 OF OFFICIAL RECcmu5. . i ACCEPTED AND Fub AT ,TH REQUEST OF 1 DATE : y TPE : FEE $ NSTRUMENT +� BOOK- PAGE GARY L. GRANVILLE COUNTY CLERK -RECORDER BY DH'UTY DUCA - McCOY. INC. CIVIL ENGINEERS ENGINEEROS'STATEMMENT.: THIS MAP WAS PREPARED "By ME OR- UNDEIR MY DIRECTION AND IS BASED UPON A FIELD SURVEY N CONFORMANCE WITH THE REOUIREP'ENTS OF THE SUBDMSION MAP ACT AND 'LOCAL ORDINANCES AT THE REQUEST OF KENNETH J. CAT;VCAWE ONL...��4 1906 I HEREBY STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED. OR THAT THEY WLL BE SET N SUCH POSJTIDNS ON OR BEFORE - AUGUST k 1997 : AND THAT SAD MONUMENTS TO ARE SUFRCENT TO ENABLE THE SURVEY BE RETRACED. I HEREBY STATE THAT THIS PARCEL .MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP. IE ANY. -f PETE J. MY REG A RCE.24668 ,TION EXPIRES I2/31/97 CITY ENGINEERO.S STATEMLENT 9 Na 24668 f a;.L? I A7 CIVIL I HEREBY STATE THAT 1 •HAVE EXAMINED THIS MAP AND. HAVE FOUND (T TO BE SUBSTANTIALLY N CONFORMANCE"WITH THE TENTATIVE MAP, IE REOURED. AS FLID WITH. AMENDED AND APPROVED BY THE CITY PLANNING COMMISSIOM THAT ALL PROVISIONS OF THE SUBDIVISION MAP ACT AND CITY'"DIVISION REGULATIONS HAVE BEEN COMPLED WI I ALSO HEREBY CERTIFY: THAT THE CITY HAS APPROVED SUBJECT MAP PURSUANT TO THE PROVISIONS OF SECTION 6543s(a)(3)(A) OF THE SUBDIVISION MAP ACT. I DATED THIS _,DAY OF`_ I9�.. EXHIBIT "C" PARCEL MAP fATTACHEDI To be approved by City and County of Orange, and recorded in the Official Records of Orange County, California. OCW61720012 - Exhibit "C" EXHIBIT "D" RECORDING REOUESTED BY: WHEN RECORDED MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use only) "N. THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S ( ) Unincorporated Area ( ) City of UNOBSTRUCTED VIEW EASEMENT AGREEMENT Preamble and Recitals This Unobstructed View Easement Agreement, hereafter referred to as Agreement, is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Granted." A. Grantor is the owner of certain real ro p perty situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," Which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant OCV61720012 - Exhibit "D"-1 Tenement"), and more particularly described in Exhibit "B," which is attached to this Agreement and hereby incorporated by reference. C. Grantee desires to acquire certain rights in the Servient Tenement. Agreement I. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement, and runs with the land. I Description of Easement. The easement granted in this Agreement is for the unobstructed view through the air space from the Dominant Tenement over and across the Servient Tenement. 4. Location of Easement. The unobstructed view easement is located everywhere above a horizontal plane. The horizontal plane is at an elevation of ninety- eight (98) feet above the area shown on Exhibit "C," which is attached to this Agreement and hereby incorporated by reference. The elevation of ninety-eight (98) feet is as shown by the Rough Grading Plan prepared by Duca-McCoy, Inc., Civil Engineers, a reduced copy of which is attached to this Agreement as Exhibit "D" (the "Rough Grading Plan"). 5. Restrictions on Use of Servient Tenement. The following restrictions are hereby imposed on the future use and enjoyment of the Servient Tenement to prevent the impairment or destruction of the unobstructed view easement: No vegetation, structures, or other objects will be allowed to encroach into the above unobstructed view easement, except (a) the only permanent structures constructed above the referenced horizontal plane shall be safety railings or fencing, no higher than five (5) feet and built entirely with clear or transparent colorless materials, except for support posts which shall be no closer than five (5) feet on center and six (6) inches wide; and (b) all non -permanent structures, such as movable vegetation, patio furniture and other movable objects, which nonetheless shall not obstruct the view with a density of more than twenty-five percent (25%) of the horizontal view from the Dominant Tenement through the easement in any plane. Notwithstanding anything in this Agreement to the contrary, no structure, either permanent or non -permanent, shall exceed the elevation of one hundred eighteen (118) feet as shown by the Rough Grading Plan. 00961720012 - Exhibit "D"-2 6. Term. The easement granted in this Agreement shall be perpetual unless abandoned in a writing by the Grantee recorded with the county recorder. 7. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either Servient Tenement or the Dominant Tenement),. as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer of such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 8. Exclusive Easement. Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 9. Grading Plan. Notwithstanding the existence of the Rough Grading Plan referenced herein or any other grading plans, Exhibit "D" attached hereto and/or any other agreement entered into by or between the parties hereto, neither Grantor nor Grantor's successors or assigns shall be entitled or have the right to develop, . use or perform work on or with respect to the Dominant Tenement, the Servient Tenement or otherwise in such a manner which shall result in the need for or any requirement that Grantee or any successor -in -interest in or to the Dominant Tenement or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plan(s), Exhibit "D" and/or any other agreement to which the parties hereto are a party. 10. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. CCW61720012 - Exhibit "D"-3 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 14. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on , 1996 GRANTOR: KENNETH J. CATANZARrm OCV61720012 - Exhibit "D"-4 GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE C0961720012 - Exhibit "D"-5 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California ) ) ss. County of Orange ) On , 1996, before me, No Public, a Notary personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] OCV61720012 - Exhibit "D"-6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCV62290039 Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OC%962280039 Exhibit "B" EX8I8IT "C° (Page 1) EASSMENT'FOR UNOBSTRUCTED VIEW PURPOSES 0QXXKW BUILDING HEIGHT ELEVATION OF 9S.00) 3c�- Q�°�bA a ml 6 AN EASEMENT FOR 64 UN VIEW PURPOSES AMAXIMUM BUILDING HEIGHT ELEVATION 8 OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPO EACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT PO OF PAR 2 'B5MF�WN ON PARCEL MAP NO. 95-178, FILED IN BOO , PAGES AN��J INCLUSIVE OF PARCEL MAPS, I-N THE OFFICE THE COUNTY RECORDER OF SAID COUNTY, LYING SOUTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTgg,AsTERLy CORNER OF SAID PARCEL 2; NORTH 15 47'30" WEST 133.20 FEET ALONG THE NORTHEASTERLY SAID PARCEL 2 TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 36 45'55" WEST 105.66 FEET, MORE OR LESS, TO A POINT SOUTHWESTERLY LINE OF SAID PARCEL 2. PREPARED BY: Post•k' Fax Note 767t 411 ate ITO �p Phone a p Fax�`'-2 s DUCA-McCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 4) 675-44 7 PETE J. D CA R.C*.E. 24668 No. 24668 Exp l Z'3 • 7 CIVIL THENCE LINE OF ON • THE 1l 5 PARCEL 3. 95.00' . p° PARCEL. I 20" w 78. lt" EXHIBIT If C 11 (Page 2) EASEMENT MAP Nos°re, 20"W i.. 9 17 Teo.b. LEGEND �m IV .%'sill 12.19' / =7?--- -VF_M TES EISEMEN UNobbSTRUGTI:D . vW P �? 24.21.(MAXIMUM P.lIIILDIN'y HEIR OF 98.00) ° PARCEL 2 -11 EXIST. DRAINAGE VASEMENT RETAINED DY CITY. -OF NEWFOPST SEACN PEP% YACA7I014 OF GLEN DRIVE. INSTIL. No. 92-Q39962� QR, ,. ��• E 106, / ;=0 1111,97rim 0 PREPARED BY: DUCA-Mc COY, INC. 3840 E COAST HWY CORONA DEL MAR, CA. (714) 675-4487 92625 /2A-' /1 /-1 $,allMrr`LAO41siflr w 1tY1 w2nr.1 P1 i fl� MIr� IWII rr4 M Y p MI cm 1NYm R . 1 Y.•�� 00,11 1'. i� J'• 11f/la'a1-M • t rr.a rr aua i5. 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"" 7'r'rt r. ri'li `r:r� L~'�"'r. "'w� ��/�. • F rr...rr.L� �.......`..1..:�r`4...^ a r ..:i..Y."+r .:'.�: ter: L� rrr.:.rrr � ' • / r":•%+'+�5:.`...r:.:.: �'r.:: �:i.:ia�....r. . ��J".:I....J��l:�_�`.r�"rri.�.i r'..C:. i'�.:1 � •�e • rr..rrrrr, r. rr .r.rrrrrrrrr.. r.r.. rr..:.�r Tii i' ..�� a r....r......r.....rr..._..r.r. ...r.rrr•M, -•—r �y DI AH I •1� •• • . IADWAb Db AIL to • iMMS aI• ~� +rrrlrrr rf'ft= �Mar�..^" C.•L�L'r'r„L."".. X: A"`t ILi• t L�. •'G�ID�I`w��+�r... ROUGH 6RP.OING PLP,h • •+r•rrr •. �..r...=+.r�rrrrrr.r "j' • .r..7LT•ITw`J:r""..: .i_ .l'� .rw.+. ft �11 Y, • C�.�r .+�� SOILS Ex01NEM EFK"JAAXq 4lKa-YsC�I. IMC. Of .7�. •^ r .i•..r. �10.11M INC. to r w!r -ME a•r 1194 .r1.rr.CL..�•:.MW".i.Z 111 N Iritittt wF i f a wf rr a u a sun s a • _ rh Y M tw. CMM t ....... . . rrl.r r r 1' + 352 HAZEL DRIVE 'r'l�'lL�' OMNO/,FA.OSEM •-iiui+r��MM / 1 _.�•r.s nru /n•rl/t �•�yr„r,�Yr • c CORONA DEL YAR . CA, EXHIBIT "E" RECORDING REOUESTED BY: WHEN RECORDED, MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Kaman, Suite 1800 Irvine, California 92612-1047 Attention: Rensselaer J. Smith, IV, Esq. (Spam Above Line for Recorder's Use Only) MN THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S ( ) Unincorporated Area ( ) City of VIEW EASEMENT AGREEMENT Preamble and Recitals This View Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant Tenement"), and more particularly described in Exhibit `B," which is attached to this Agreement and hereby incorporated by reference. 00961720012 - Exhibit "E"-1 C. Grantee desires to acquire certain rights in the Servient Tenement. Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement and runs with the land. The easement shall apply at all times that the Servient Tenement is being used or developed as two (2) separate lots or parcels or any other time except when the Servient Tenement is being used or developed, exclusively and in its entirety, as only one (1) lot or parcel with only one (1) single family residence and no out building(s), separate guest residence(s), separate rental unit(s) or the like. 3. Description of Easement. The easement granted in this Agreement is for the unobstructed view through all the air space above Current Grade level from the Dominant Tenement over and across the Servient Tenement as set forth in Exhibit "C," which is attached to this Agreement and incorporated herein by this reference, subject, however, to the restrictions set forth below. Notwithstanding the foregoing (but subject always to paragraph 9 below), nothing shall preclude Grantor from developing and using any structures built at or below the horizontal plane described in paragraph 4 below. "Current Grade" is defined or shown in the Rough Grading Plan prepared by Duca-McCoy, Inc., Civil Engineers, a reduced copy of which is attached hereto as Exhibit "D" and incorporated herein by reference (the "Rough Grading Plan"). 4. Location of Easement. The unobstructed view easement is located everywhere above a horizontal plane of approximately one thousand two hundred (1,200) square feet, which is twenty (20) feet wide and approximately sixty (60) feet long. The horizontal plane is located on the Servient Tenement at Current Grade level and along the new lot line split as more particularly described in Exhibit "C." 5. Restrictions on Use of Servient Tenement. The following restrictions are hereby imposed on the future use and enjoyment of the Servient Tenement to prevent the impairment or destruction of the unobstructed view easement: No structures or other objects will be allowed to encroach into the above unobstructed view easement, other than landscape vegetation, which shall not obstruct the view above five (5) feet above Current Grade with a density greater than twenty-five percent (25%) of the horizontal view through any plane. OCW61720012 - Exhibit "E"-2 6. Term. The easement granted in this Agreement shall be perpetual unless abandoned in writing and recorded with the county recorder by the Grantee. 7. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the- Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to. the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 8. Exclusive Easement. - Grantee's use ' of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 9. Grading Plan. Notwithstanding the existence of the Rough Grading Plan referenced herein or any other grading plans, Exhibit "D" attached hereto and/or any other agreement entered • into by or between the parties hereto, neither Grantor nor Grantor's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Dominant Tenement, the Servient Tenement or otherwise in such a manner which shall result in the need for or any requirement that Grantee or any successor -in -interest in or to the Dominant Tenement or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plan(s), Exhibit "D" and/or any other agreement to which the parties hereto are a party. 10. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 00961720012 - Exhibit "E"-3 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 14. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on , 1996. GRANTOR: KENNETH I CATANZARITE CCW61720012 - Exhibit "E"-4 GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: 00961720012 - Exhibit "E"-5 CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE 00961720012 - Exhibit "E"-6 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before` me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California ) ss. County of Orange ) On , 1996, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] 00961720012 - Exhibit "E"-7 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP No. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCR M80038 Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. C0962280039 Exhibit `B" . -.I _ 1'' rJJ•Q.i AIU_ 1 1'R • •UTi 11q1.. (14-0(=A.Q'b EESIBIT •C 1' . (Page 1) EASEMMMT FOR VIEW PURPOSES ('1111 �i� AN EASEMENT FOR VIEW -PURPOSES OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT P F PAlTgr?l. SHO . ON PARCEL MAP NO. 95-178, FILED IN BO PA�_ INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; DESCRIBED AS FOLLOWS: THE SOUTHEAST 10.00 FEET OF SAID PARCEL 1. PREPARED BY: DUCA—MCCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 (7 ) 675-4487 V • 3-9� PETS-J. UCA R.C.E. 24668 No. 24668 e:c, h•31. 97 cim. �r� C (Page 2) .E A S'.E M E N T MAP. PARCEL 3 N50:22'Yd W 35.22J Ng0.22,20"w 10.5.�z` •� LEGEND sslool10.00' 12.1150 ® DENOTES EASEM AT FM ►u i+zt�2'2o"W VIEWtugPOsL5. P. PARCEL 1450°22'20"W PARCEL 2 �3zo. . • .tips d F-XI5T. DRAINAGE EASE Uf RETAINEP by CITY OF tNEWPt7K7 BEACH .PEFi YA.cCATION OF GLEN DRIVE, INSTA.-Mg. 91-03"&t, QR. 1�0 a SIP o �� v PREPARED BY: DUCA�Mc COY , J N C . No. 24668 3840 E. COAST HWY \c °" CORONA DEL MAR; CA. �GP E l?;Uj;2? (714) 675=448 92625 _ l PE TE J-. IICA R G. E 2 4 6 B 8—IfATI: r Uiv Uz 'fit DUCA P - -vY. INC. : 14-b f 5445b F.- E2BIBIT a ca (Page 3) EASEMENT FOR VIEW PURPOSES AN EASEMENT'FOR VIEW PURPOSES OVER THAT PORTION OF LAND SITUATED IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THAT P L 2 ON PARCEL MWN O . 95-1.78., FILED INBO AG S INCLUSIVE OFEL MAPS, IN THE Or^FILE THE COW Co OF SAID COUNTY, DESCRIBED AS FOLLOWS: THE NORTHWEST 10.00 FEET OF SAID PARCEL 2. PREPARED BY: DUCA-MCCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 Op ) 175-4487 I(a, d.,&- t.• PETE J. D-IMA R.C.E. 24668 32111p9"fl ` My 24668 EzDILIL�-9 7 PARCEL •3 I • ' ' m3_0_• 22 , P. loll. PARCEL .I �'• N 50•?2' 20" W 78.161 EXHIBIT " c of (Page 4) EASEMENT MAP log. --W —,, Ex13T. OAAINAGe 6A5EMENr A67AINED OF GLEN D VET i gTa ENoH 9 439962 a�• . 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SOILS /I �fL ff ff�RJ�• DIIiU,eG1Y�[l rM[�Yc.INC. , ..rw:ir. ' • •.i•w-`.. .+Lrr1s..�. �rmi-V.m= �►I1-•.1� ar.i:.M. W sRrE•l�Ml[[I[.�wv'.M [I{[[I '�r rKl�--� u_.uu ROUGH GRADING PLAN 352 HAZEL DRIVE CORONA DEL LIAR. CA. EXHIBIT "F" RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use Only) APN: THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S ( ) Unincorporated Area ( ) city of LANDSCAPE EASEMENT AGREEMENT Preamble and Recitals This Landscape Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant Tenement"), and more particularly described in Exhibit "B," which is attached to this Agreement and hereby incorporated by reference. C. Grantee desires to acquire certain rights in the Servient Tenement. 00961720012 - Exhibit "F"-1 Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement, and runs with the land. 3. Description of Easement. The easement granted in this Agreement is the right but not the obligation to install and maintain landscaping and related improvements, as agreed to by Grantor and Grantee,, including, but not limited to, irrigation, lighting and landscaping on the Dominant Tenement by the Grantee. 4. Location of Easement. The landscape easement is located on the Servient Tenement as more particularly described in Exhibit "C," which is attached to this Agreement and hereby incorporated by reference. 5. Exercise of Rights. Once the Grantee exercises the landscaping rights under this Agreement, but only upon and after such exercise, such as, installing or maintaining improvements including lighting and landscape in the area set forth in Exhibit "C," Grantee shall be solely responsible for such installation and maintenance of such landscape improvements unless and until such date as Grantee abandons the easement in the manner contemplated hereinbelow. Grantee shall be deemed to have exercised its option whenever it exercises any of its landscaping rights under this Agreement. 6. Support. This easement shall not alter the existing obligation, if any, for lateral and subjacent support of the Servient Tenement by the owner of the Dominant Tenement (i.e., Grantee or Grantee's successors or assigns, as the case may be). 7. Term. The easement granted in this Agreement shall be perpetual unless abandoned in writing and recorded with the county recorder by the Grantee. 8. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become 00961720012 - Exhibit "F"-2 subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 9. Exclusive Easement. Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 10. Scope and d Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys'. fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that a non -defaulting party will not have an adequate remedy at law if a defaulting party shall fail to perform any of its respective obligations hereunder. In such event, the non -defaulting party shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire .Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. OCV61720012 Exhibit "P-3 14. • Binding Effect: This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on ' , 1996. GRANTOR: KENNETH J. CATANZARITE GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE OC%961720012 Exhibit "F"-4 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On , 1996, before me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California . ) ) ss. County of Orange ) - On , 1996, before me, No Public, a Notary personally appeared ,personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] 00961720012 Exhibit "F'-5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00962280038 Exhibit "A„ EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCV6MB0039 Exhibit `B" ��'� + �'= ='= r'�•• �•+ L� i I'0...�.VY . 11YL. ! 1�-b(J44Jb EX82BIT " Cu (Page 1) EASE11ENT FOR LANDSCAPE PURPOSES AN EASEMENT FOR LANDSCAPE PURPOSES IN, UNDER, OVER, AND ACROSS THAT PORTION OF LAND SITUATED IN THE CITY OF.NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THATTION F PARCEL AS SHO ON PARCEL MAP NO. 95-178, FILED IN .00K�� ES AND INCLUSIVE OF PARCEL MAPS IN E OFFCF`OE THE CO THE SAID COUNTY,. DESCRIBED AS FOLLOWS: . BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE SOUTH 50022' 2011 EAST 10.92 FEET; THENCE SOUTH 5" 22' 2011 EAST 4.57 FEET; THENCE -SOUTH 5002212011 EAST 33.22 FEET TO THE TRUE POINT OF BEGINNING; ° THENCE SOUTH 150561511, WEST 12.13 FEET; THENCE SOUTH 5022'2011 EAST 24.21 FEET; THENCE SOUTH 39° 37' 4011 WEST 4.00 FEET; THENCE NORTH 50022' 201t WEST 26.82 FEET; THENCE NORTH 15056'S1" EAST 16.50 FEET, MORE OR LESS, TO A POINT ON THE NORTHEASTERLY LINE -OF SAID PARCEL 2; THENCE SOUTH 50°22'�011 EAST 4.37 FEET, MORE OR LE TO THE TRUE POINT OF BEGINNING. PREPARED BY: DUCA-McCOY, INC .3 84 0 E . COAST ETeTY . CORONA DEL MAR, CA. 9262S &75n-S!' PETE J. DUCA R.C.E. 24668 4 hm 2486$ fi Z. Nvf 1. LAHlbl I c (Page 2) EASEMENT MAP PARCEL 3 IJos"222o�w 4.51' t �f ro. 0, 1:I508 E2' fd' W 1 1 3�•z2' T 105.'j2 LEGEND. ,_,�o';__,.. ►J50•'22.20"W •� '� 95•00' iasit ZIS" i'51°E ®--- PENOTEs EASEMENT .1=L w 24 o 2'Zo"W LAHDSCAPE FlAmfo5E5. oj a' �• �W. i PARCEL I o . ti,s• '2� gso•22'20°ti,t 18.Zte' s 21 z400 I ti PARCEL 2 p . FRS' �• EXIST. VAMNAAe EASEMENT mlAINED / �3• OF GLEN Dft V6 Y tN TA Et off 9 0 99c6AZ. O • a1 a �q0 �,4z��f �. 0��9 �7 / PREPARED BY; • � � r `' zassa r1 / DUCA-MC COY , I NC . 3840 E. COAST HWY :ORONA DEL MAR, CA.• (71`4) 6176-4487 92625 P7E J. DUCA R,C.E 2�I668 �-r. EXHIBIT "G" RECORDING REQUESTED BY: WHEN RECORDED, MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use Only) APN: THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S ( ) Unincorporated Area ( ) City of GRADING EASEMENT AGREEMENT Preamble and Recitals This Grading Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, . by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real'property situated in Newport Beach, Orange County, California (hereafter referred to as "Parcel 1" or as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. 00961720012 - Exhibit "G"-1 B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as "Parcel 2" or as the "Dominant Tenement"), and more particularly described in Exhibit "B," which is attached to this Agreement and hereby incorporated by reference. Grantee desires to acquire certain rights in that part of Parcel 1 described as follows: Grading rights on Parcel 1. Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is an easement in gross. 3. Description of Easement. The easement granted in this Agreement includes the right in favor of Grantee, but not an obligation, to enter upon Parcel 1 for the purposes of grading that area of Parcel 1 (the "Grading Rights") reflected in the Rough Grading Plan prepared by Duca-McCoy, Inc., Civil Engineers, a reduced copy of which is set forth as Exhibit "C," which is attached to this Agreement and hereby incorporated by reference (the "Rough Grading Plan"), all in accordance with said Rough Grading Plan and that certain Soil Report prepared by Geo-Etka, a copy of which is set forth as Exhibit "D," which is attached to this Agreement and hereby incorporated by reference (the "Soil Report"). 4. Conditions. The Grading Rights. and the exercise of same are conditioned upon and subject to the following: (a) The Grading Rights shall lapse if not completed by the later of December 31, 1997 or such later date Grantor or his successors or assigns commences construction on Parcel 1. Grantor acknowledges and agrees that neither Grantor nor Grantor's successors or assigns shall commence any construction on Parcel 1 until after December 31,1997. (b) Any and all associated costs and liability for installation and maintenance, including permits, demolition, capping utilities at curb, hauling away, grading, installation of caissons and grade beams at the eighty-five (85) foot contour, over -excavation, shoring walls, new retaining walls, and recompaction of any disturbed and relocated soil, to achieve the Rough Grade on Parcel 1 specified in Exhibit "C" shall be borne solely by Grantee or its successors or assigns; except that Grantor shall be solely responsible for all costs to achieve a finish grade consistent with any future C0961720012 - Exhibit "G"-2 and currently unspecified improvements for the Parcel 1 property. "Rough Grade" shall be as set forth in the Rough Grading Plan (which refers to the Soil Report with those requirements as are necessary for approval by the City of Newport Beach for non -certified pads ready for foundation work). (c) Grantor's overall building height limitations from current natural grade shall not be affected by the grading or the Grading Rights, and the present grade of Parcel 1 may be lowered but not raised. Grantor shall not request a variance to exceed the building height limitations presently applicable to Parcel 1. (d) Upon Grantee's exercise of the Grading Rights, Grantee or its successors or assigns agrees to secure a performance bond in favor ' of Grantor with respect to work contemplated by subparagraph (a) and (b) on Parcel 1. Notwithstanding the foregoing, IBEW and its successors or assigns shall be bound by this Agreement only if it exercises the Grading Rights by beginning grading as contemplated herein. 5. Support. This easement shall not alter the obligation, if any, for lateral and subjacent support of Parcel 1 by the owner of Parcel 2 (i.e., Grantee or Grantee's successors or assigns, as the case may be). However, Grantor acknowledges that future improvements to Parcel 1 may require caissons (piles) and/or oversized or unique foundations, the cost of which shall be borne solely by Grantor. 6. Term. The easement granted in this Agreement shall terminate on the latter of December 31, 1997, or commencement of residential construction work on Parcel 1 by Grantor or assigns, whichever occurs last. 7. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if ' such transferee was originally a party to this Agreement. 8. Nonexclusive Easement. The easement granted in this Agreement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, in a manner that does not interfere unreasonably with Grantee's free use and enjoyment of the easement. oc%961720012 - Exhibit "G"-3 9. Grading Plan. Notwithstanding the existence of the Rough Grading Plan or Soil Report referenced herein or any other grading plans or soil reports, Exhibits "C" and "D" attached hereto and/or any other agreement entered into by or between the parties hereto, neither Grantor nor Grantor's successors or assigns shall be entitled or have the right to develop, use or perform work on or with respect to the Dominant Tenement, the Servient Tenement or otherwise in such a manner which shall result in the need for or any requirement that Grantee or any successor -in -interest in or to the Dominant Tenement or any part thereof or interest therein to perform any act, construct any work of improvement or to incur or suffer any detriment, loss or liability, whether or not the same is contemplated by said grading plans, Exhibits "C" and "D" and/or any other agreement to which the parties hereto are a party. 10. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that a non -defaulting party will not have an adequate remedy at law if a defaulting party shall fail to perform any of its respective obligations hereunder. In such event, the non -defaulting party shall have the right, in addition to all other rights and remedies, to specific performance and injunctive relief. 13. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 00961720012 - Exhibit 44G994 14. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement. Executed on , 1996. GRANTOR: KENNETH J. CATANZARI TE GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent 3 By. Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE 00961720012 - Exhibit "G"-5 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On , 1996, before me, , a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California ) ) ss. County of Orange ) On , 1996, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is' subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] OCV61720012 - Exhibit "G"-6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP No. 95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA' AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00962280038 Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK . PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00962280039 Exhibit "B" toN4tlluctlou gas wntwtT-7r7c�,oi r.l wtwWE wall f11 af/Nytll 1. ''►"/ �twl.tlAkf f'/Lf. 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"I a •`�iiLT' .r`�n'rr..... rr rr.a 11 Yl u6H 6RP►oING P��r s r rr,o,R: �a .�3 EOILE EKOINEEK: IEIKIYaKKs :11.1.A YCY.p1 re •S."-1� ..ice.:.'..`.. �E0•E11U1 INc.�i1352 HAZEL DRIVE •'tt•tIN' . c CORONA DEL MAR. CA. nNiEn•luf / -64�81 --\ NJ )� 1) GEO-ETKA, INC. ESTABLISHED 1965 GEOTECHNICAL AND ENVIRONMENTAL ENGINEERS SPECIAL INSPECTION AND MATERIAL TESTING (714) 771-6911 ORANGE -MAIN BUSINESS PARK 739 N. MAIN ST. - ORANGE, CA 92668 FAX: (714) 771-1278 GEO-ETKA9 INC. ESTABLISMEo 1965 FOUNDATION SOIL INVESTIGATION. ENGINEERWO GEOLOGY. PAVEMENT DESIGN. SLOPE STABgMANALYSIS. COMPACTION CONTROL, PERCOLATION STUDIES. MATERIAL INSPECTION AND TESTING. ENVIRONMENTAL ENGINEERING. ORANGE -MAIN BUSINESS PARK 739 N. MAIN STREET. ORANGE. CA 92ssa (714) 771-6911 FAX (714) 771-1276 GEOTECHNICAL AND ENGINEERING GEOLOGIC INVESTIGATION PROPOSED GRADING AND LOT SPLIT 352 HAZEL DRIVE CORONA DEL MAR, CALIFORNIA Prepared For MR. KENNETH CATANZARITE 2331 W. LINCOLN AVENUE ANAHEIM, CALIFORNIA Job No.: FG-7630-96 G EO-ETKA, INC. ESTABLISHED 1965 FOUNDATION SOIL INVESTIGATION, ENGINEERING GEOLOGY, PAVEMENT DESIGN. SLOPE STABILITY ANALYSIS, COMPACTION CONTROL. PERCOLATION STUDIES. MATERIAL INSPECTION AND TESTING. ENVIRONMENTAL ENGINEERING. ORANGE -MAIN BUSINESS PARK 729 N. MAIN STREET, ORANGE. CA 92666 (714) 7714911 FAX (7141771.1278 Mr. Kenneth Canazarite 2331 W. Lincoln Avenue Anaheim, California 92801 Apr. J.N. FG-7630-96 SUBJECT: Geotechnical.and Engineering Geologic Inves- tigation, Proposed Grading 'and Lot Split, 352 Hazel Drive, Corona Del Mar, California Dear Mr. Canazarite: According to your request, a geotechnical and engineering geologic investigation has been performed at 352 Hazel Drive Corona Del Mar, California. The purpose of the investigation was to explore and evaluate the geologic and'geotechnical conditions on the lot and immediate vicinity, and provide opinions and recommendations covering the adequacy of the site to be graded and developed into two residential building sites. The investi- gation consisted of: 1) reconnaissance field mapping of the site and immediate vicinity, 2) excavation and logging of four test borings excavated with hand equipment, 3) review of literature that was both pertinent to the project and readily available to this office, 4) laboratory testing and analysis of retrieved samples, and 5) preparation of this report. The site conditions are shown on the enclosed Geologic Plot Map (Plate 1.0). The location of the site is shown on the attached Geologic Index Map (Plate 1.1). Geologic cross sections are presented on Plates 2.1 and 2.2.' Descriptions of the earth materials encountered in the subsurface excavations are provided on Plates 3.1-3.4. 2 GEO-ETRA, INC. JOB NO.: FG-7630-96 SITE CONDITIONS The site is located at 352 Hazel Drive in Corona Del Mar area of Newport Beach, California. Currently the site contains'a two-story multi -family dwelling, a gazebo, wood decking and several low retaining walls. A six to eight foot high retaining wall exists southeast of the gazebo. Topography consists of a planar area adjacent to Hazel Drive. Southeast of the existing structure a 4:1 slope descends to the gazebo. Below the retain- ing wall southeast of the gazebo the topography descends at a gradient of 1.4:1 (horizontal to vertical) to Buck Gully. No other significant surface features were noted. PROPOSED PROJECT We understand that the site is to be developed and split to provide two residential building sites. Necessary for site development will be the demolition of existing structures, walls and other improvements. Additionally, engineered grading con- sisting of cuts having a maximum depth of eight -feet are planned. Manufactured slopes are indicated at a 2:1 (horizontal to verti- cal) gradient. No engineered fills are currently planned. INVESTIGATION The materials that underlie the site were explored using hand equipment to excavate four test borings. The excavated materials were examined and visually classified. Representative samples of the materials exposed were collected and returned to our laboratory for testing. The site and immediate area were 3 GEO-ETRA, INC. JOB NO.: FG-7630-96 examined for any evidence that would indicate landsliding, slippage or settlement. LABORATORY TESTING Bulk and undisturbed samples of soil and rock materials encountered at the site were collected during the course of our field work. Selected laboratory tests completed on the retrieved samples are described below: Moisture -Density The field moisture content and dry unit weight were deter- mined for each undisturbed sample. Dry unit weight is expressed in pounds per cubic foot and the moisture content represents a percentage of the dry unit weight. This test data is presented in Table I. TABLE I Laboratory Test Data Moisture Dry Samnle Description Content $ Density B-1@2' Buff f-c ID- B-1@7' SAND Buff f-c 11.7 97.1 SAND 7.3 B-2@3' Lt Brn, silty B-3@2.5' f-c SAND Brn silty 3.7 98.4 B-3@7' .fine SAND Red brown, silty 8.1 119.9 fine SAND 17.8 4 GEO-ETRA, INC. JOB NO.: FG-7630-96 Consolidation Test Settlement predictions of the soil's behavior under load are made on the basis of consolidation tests. A one inch high sample is loaded in a geometric progression and the resulting deformation is recorded at selected time intervals. Porous stones are placed in contact with the sample (top and bottom) to permit addition and release of pore fluid. The sample is inundated at a selected load during the progres- sion. Results are plotted on the enclosed Consolidation -Pressure Curves (Plates C1 & C2). Shear Test Shear tests were performed in a Direct Shear Machine of the strain control type. The rate of deformation is approximately 0.05 inches per minute. Shearing occurred under a variety of confining loads in order to determine the Coulomb shear strength parameters. The test was performed on undisturbed samples in an artificially saturated condition. The test results are presented graphically on Plates S1 & S2. GEOLOGIC CONDITIONS Geologic Setting The site is located in the Peninsular Ranges geomorphic province. The Peninsular Ranges are one of the largest geologic units in western North America. They extend from the Los Angeles Basin south to the tip of Baja California. Structurally, the Peninsular Ranges are a northwest -southeast oriented complex of blocks separated buy similar trending faults. The general cross section of the Peninsular Ranges 5 GEO-ETRA, INC. JOB NO.: FG-7630-96 somewhat resembles that of the Sierra Nevada, since each range has a gentle westerly slope and, normally, a steep eastern face. The western side of the Peninsular Ranges is comprised of discrete blocks that slope progressively lower to the west and are produced by the breaks of major fault zones. The major faults are the San Jacinto and related branches and the Elsinore. The site lies in the northwestern portion of the province. This area is generally underlain by dense bedrock. The bedrock that supports the site is mapped as Miocene age Monterey Formation (Tan, 1976). The -Monterey Formation consists of siltstone and sandstone. Geologic Structure' The structure of the bedrock observed in exploratory excavations on the contiguous site to the southwest is characteristic of folded sedimentary materials. A fold axis, bearing S80E, was observed in TP1 in the northern portion of the lot. Bedding on the north side of the this fold axis was oriented North -South with a dip of 35 degrees to the east. Bedding to the south of the observed fold axis had an orientation of N80E with a dip of 19 degrees to the south. At the southern portion of the pad, in TP3, bedding was oriented N40W with a dip of 15 degrees to the southwest. Logs of the exploratory test pits on the contiguous site to the west are included in Appendix A. Faulting The site is not located within a currently established Alquist- Priolo Special Studies Zone. Therefore, no active faults have been mapped adjacent to or within the limits of the site. 6 GEO-ETRA, INC. JOB NO.: FG-7630-96 seismicity Although the site is not underlain by any known active faults, it is located in seismically active southern California, and as such is subject to intense ground shaking by earthquakes generated on active faults within the region; although no more so than similar nearby structures. Tabulated below is a list of significant regional faults, known active faults within a 60 mile (100 kilometer) radius of the. site. Included in the 'table is the distance the fault lies from the site, the maximum credible earthquake event (Richter Magnitude) and the corresponding maximum peak horizontal acceleration. Accelerations are based on the attenuation relationships of Campbell 1987. Distance Maximum Credible Peak Site Maximum Peak Fault (mi.) Magnitude Acc.(gl Probable Magnitude Site Ac` Anacapa Casa Loma 58 51 7.0 .07 6.25 .04 Chino 24 7.5 7.0 .08 7.00 .06 Cleghorn 54 6.5 .18 .04 4.75 6.25 .04 Cucamonga 37 7.0 .11 6.75 .03 Elsinore Lytle Cr 24 46 7.5 .17 .75 .11 Hot Springs 56 7 7.5 .09 7.5 7.0 .06 Malibu 50 7.5 .07 .11 6.25 5.0 .06 Mojave River 59 7.0 .07 6.25 :02 . Newport-Inglwd 1 7.5 .04 Palos Verdes 14 7.0 .36 .13 6.5 5.5 .23 Raymond Rose Canyon 39 5 7.5 .15 5.5 .05 .04 San Andreas 53 7.5 8.5 20 .0 .14 San Clemente 54 7.5 .0 8 .25 .17 San Gabriel 43 7.5 .07 6.25 .03 San Grogonio 47 8.0 .10 6.25 .04 Santa Monica 42 7.5 .12 .0 .06 Sierra Madre 38 7. .1 5 6.0 .05 Verdugo 40 7.00 .1 6.5 .08 Whittier 22 7.5 .10 4.5 .02 .19 6.25 .09 7 GEO-ETRA, INC. JOB NO.: FG-7630-96 Based on our knowledge of the known regional active faults and their seismic character, the above tabulation indicates that the closest major fault system, (the Newport -Inglewood) is capable of generating a maximum probable peak horizontal seismic acceleration at the site of 0.23g. However, the San Andreas fault, located approxi- mately 53 miles from the site, is capable of generating a maximum probable peak horizontal seismic acceleration of 0.17g. It is probable that not all active or potentially active faults in the region have been identified. In addition, the seismicity envelope for many of the smaller and less notable faults is not sufficiently developed for a reliable analysis of the maximum credible and probable Richter magnitudes assignable to these faults and the consequent levels of ground shaking that might occur at the site. Landslides No landslides were observed on the site. However, northeast of the site, a relatively small rotational failure in the artificial fill slope that descends to Buck Gully was observed. No other evidence of slippage or active sliding was noticed and none were any noted on published regional maps that affect the site. Erosion The earth materials are not resistant to erosion. Water should not be allowed to collect and discharge over the top of the slope. Area drains should be installed and maintained where necessary. 8 GEO-ETRA, INC. JOB NO.: FG-7630-96 Seepage No seepage or ground water was observed during the field visit. Ground water is not anticipated to cause any problems either during or after construction. CONCLUSIONS AND RECOHMNDATIONS Based upon the limited field investigation, examination of the supporting earth materials, laboratory testing, engineering analysis, and research of geologic literature, the proposed grading and future residential construction at 352 Hazel Drive in Corona Del Mar, Cali- fornia should neither adversely affect nor be adversely affected by existing geologic and geotechnical conditions. This preliminary opinion must be verified through more extensive exploration, verifica- tion of subsurface structure, laboratory tests and stability analysis. The site appears stable and the bedrock materials should provide adequate support for the proposed grading and residential land usage. The following recommendations are presented for your consideration. Grading- Engineered Fills The following recommendations pertain to the placement of, and preparation for, engineered fills. 1. The on -site soils are suitable for use as structural fill. Any import materials that are to be used as structural fill should be approved by this office priorto placement. 2. All vegetation, trash debris or other deleterious material should be stripped from the area to be graded. Soils bearing sparse grasses may be thoroughly mixed with at least ten parts clean soil and incorporated into the engineered fill. Other materials should be wasted from the site. 9 GEO-ETKA, INC. JOB NO.: FG-7630-96 3. All artificial fill and compressible soils that lie within any areas of proposed construction, where foundations will not derive their support from the underlying dense bedrock, should be removed to dense bedrock and replaced as properly compacted fill. A combination of removal and recompaction in -place may be used, providing the recommended compaction is obtained throughout the recommended depth interval. Based upon the materials exposed in our exploratory excavations, we anticipate the removal to extend from 5 to 11 feet. 4. Fill slopes that toe onto sloping ground should be founded in dense material. A key should be constructed that is at least 20 feet wide and 3 feet deep (measured on the downslope side) and should be tilted into the slope. 5. Exposed surfaces should be scarified, moistened or air dried as appropriate, and compacted to 90% of the material's maximum dry density prior to placement of fill. 6. Where the ground slopes steeper than 5:1 (H:V), the fill should be properly benched into competent material. 7. Fill slopes constructed of clean sand are commonly subject to excessive erosion or shallow slope failures. Similarly, fill slopes constructed with clayey soils may be subject to desicca- tion, cracking, creep or other surficial deterioration. Utiliz- ing mixed soils (sand with some proportion of fines, i.e. clayey sand) in the outer 20 feet of the fill slope may serve to mini- mize the potential for surficial slope deterioration. 8. Fill materials should be placed in thin lifts (six inches or less), watered to near the material's optimum moisture content, and compacted to at least 90% relative compaction prior to placing the next lift. 9. The 90% relative compaction standard applies to the face of fill slopes. This may be achieved by overfilling the constructed slope and trimming to a compacted finished surface, rolling the slope face with a sheepsfoot, or any method that achieves the desired product. 10. All grading should comply with the grading specifications and requirements of the Uniform Building Code, 1994 edition, the city of Newport Beach, and the above recommendations. 10 GEO-ETRA, INC. JOB NO.: FG-7630-96 FOUNDATIONS SYSTEMS Foundation design criteria will be presented following a more extensive investigation. Establishment of the subsurface geologic structure, the nature, extent and condition of the artificial fill that influences and supports the site, will be integrated to demon- strate normally accepted factors of safety. However, based upon our knowledge of the area and the adjacent site, any proposed structures may be supported by both continuous wall footings and/or pile founda- tion systems. Temporary Excavations Temporary excavations should not be made without proper shoring if they exceed five feet in height. Drams Water should not be allowed to pond or discharge over the top of slopes. Area drains should be installed where necessary and main- tained. Plan Review Finalized foundation plans should be prepared following a supple- mental investigation. Finalized grading plans should be submitted to this office for review and verification that the recommendations contained in this report are incorporated. Additional recommendations may be provided at that time, if such are considered warranted. Inspection All grading operations should be inspected by representatives of this office including all removals and excavation during rough grading. 11 GEO-ETKA, INC. JOB NO.: FG-7630-96 CLOSURE This report has been prepared according to generally accepted engineering and geologic principals and practices. No other warranty neither express nor implied is made under the terms of the contract. This report has been prepared for Mr. Kenneth Catanzarite, to be solely for the grading -and construction at 352 Hazel Drive, Corona Del Mar, California. Anyone using this report for any other purpose must draw their own conclusions regarding required construction procedures and subsurface conditions. Should any questions arise, please do not hesitate to contact this office. Respectfully Submitted, GEO-ETKA, INC. KelZ �L-.�. P. Engineering Geologist EG #1291 (exp. 3/31/97) XC: (6) Addressee V m KE5CXLW kIrOF Ahmed Ali President OFESW T D S. C `�yc -No: Javed S . Chak, P.E. GE 197 `, * Geotechnical Engineer GE #197 (exp. 12/31/97) Enclosures: Geologic Plot Map..............Plate 1.0 Geologic Index Map., ........ 000Plate 1.1 Geologic Cross Section., ....... Plates 2.1 & 2.2 Boring Logs, ................... Plates 3.1-3.4 Shear Diagram........., .Plate S1 & S2 Consolidation Diagram .......... California Fault Ma .Plate C1 & C2 P..........Plate FM Fault Comparison... .......... ...Plate QC References... ....... oo ......... Plate R Test Pit Logs (344 Hazel)...... Appendix A 12 GEOLOGIC INDEX MAP i< Ot n a r. :�. ••� ��.. / •1:1. n� •cam: Qtng f ItLREJ Corh Tms s' \ Odl.f 1� ,1 Tm �UO (� Ob r' Ob of ;, •.��. �.� .i •' FROM: Tan, 1976 ]PLATE 1.1 A 130 - 110 — 90 r D rn N GEOLOGIC CROSS SECTION 552 Nadel drive, Corona del Mar TPI RProjected I B3 h TP2 Projected . I Nj5tiN EXPLANATION Af Artificial Fill Qtm Marine Terrace Deposits Tm Bedrock: SANDSTONE/SILTSTONE Monterey Formation B4 Location of Boring TP2 Projected Test Pit from 344 Hazel Drive N62W 1" = 20' A' R 130 110 M GEOLOGIC CROSS -SECTION B352 Hazel nrive, Corona nel Mar R xistinq Block Wall N13W 130 TP2 B4 Projected 1 - 20' I Bz roposed Grade I xistin R 110 q petaminq Wall 90 ? 70 TM rainaq Fasement 50 EXPLANATION Af Artificial Fill TM Bedrock: SANDSTONE/SILTSTONE Monterey Formation B4 Location of Boring TP2 Projected Test Pit from 344 Hazel Drive [a 1301 1101 •M 70 1 Am 1 SUBSURFACE DATA Log of Borinp, 1 PLATE 3.1 SUBSURFACE DATA LoE of BorinLr 2 PLATE 3.2 SUBSURFACE DATA T ^ _ _ q PLATE 3.3 SUBSURFACE DATA Log of Rnri n ff 4- PLATE 3.4 0.� 3. 0.5 L SHEAR TEST DIAGRAM Material: f—c SAND r1.41r%14:4:_—_ .v 1.0 2.0 2.5 3.'0 Normal Pressure (Kips/Sq. Ft.) Project 352 Hazel, Corona Del Mar GEO—ETKA, INC. Excavation 6l aaotoaY AND sort ENCINEEMNO Depth 2' _ o.TZ 4/16/96 my KLK acm As hown Z _ FG-76.� —9F PLATE S 1 3. 3. 0.5 0 SHEAR TEST DIAGRAM 1.0 2.0 2.5 3.0 Normal Pressure (Kips/Sq. Ft.) Project 352 Hazel, Corona Del Mar Excavation B3 Depth 2.5' GEO—ETKA, INC. ODOLOOY AND SOIL ICNOINEEMNO o.7z 4 16 96 sY KLK .c.�s As 5hown n.o FG-763 — 6 91 PLATE S 2 89 Project 352 Hazel Drive Location —B-1 Depth 2' Material f—a SAND PLATE C -1 0 CONSOLIDATION — PRESSURE CURVE -- -- •- •� .... if 4 5 8 78 10 Normal PreMure (KipO/pq. Ft,) Project 352 Hazel Drive Location __ B— Depth 2.5' Material fine- SAND GEO—ETKA, INC. OICOLOOY AND 'OIL SNOINzZMNO DATE 96 my PLATE C-2 .5�1 Hazel, Corona Del Mar CALIFORNIA FAULT MAP MATE FNj COMPARISON OF MAXIMUM EARTHQUAKES MAXIMUM CREDIBLE EARTHQUAKES MAXIMUM PROBABLE EARTHQUAKES saw rn 1 z O H . Q W J W U Q 0.1 J Fa z O N O 0.01 Y ° Q s W z 0.001 o.i JOB NO.: 99-359 x x l0 100 1000 DISTANCE (mi) z O H Q W J W U Q 0.1 J H z O N_ O = 0.01 Y ° W ° 0.001 0 10 100 1000 DISTANCE (mi) LATITUDE: 33.5930 14 - LONGITUDE: 117.866Q w I GEO-ETRA, INC. JOB NO.: FG-7630-96 REFERENCES 1. California Department of Conservation Division of Mines and Geology, Fault -Rupture Hazard Zones In California, Alquist-Priolo Special Studies Zone Act of 1972, Special Publication 42, (Re- vised 1990) 2. GEO-ETRA, INC, Oct. 14, 1994, Geotechnical and Engineering .Geologic Investigation, Proposed Single Family Residence, 344 Hazel'Drive, Corona Del Mar, California 2. Morton, P. K., Miller, R.V., and Fife, D.L., 1973, Geo-environme- ntal maps of Orange County, California: California Division of Mines and Geology Preliminary Report 15, 4 plates, scale 1:48000. 3 ...., 1976, Environmental Geology of Orange County, California: California Division of Mines and Geology, Open -File Report 79-8- LA 4. Tan, S.S., and Edgington, W. J., 1976, Geology and Engineering Geologic Aspects Of The Laguna Beach Quadrangle, Orange County California: California Division of Mines and Geology, Special Report 127, map scale 1:12,000 5. Wood, H.O., and Heck, N.H, 1966, Earthquake History Of The United States. Part II, Stronger Earthquakes OF California And Western Nevada. U.S. Coast And Geodetic Survey 6. Ziony, J.I., Wentworth, J.M., Buchanan -Banks, and Wagner, H.C., 1974, Preliminary Map Showing Recency of -Faulting in Coastal Southern California; U.S.G.S. Miscellaneous Field Studies Map, MF-585 Plate R 13 EXHIBIT "H" RECORDING REQUESTED BY: WHEN RECORDED. MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use Only) APN: THE UNDERSIGNED GRANTORS) DECLAREM: DOCUMENTARY TRANSFER TAX IS $ ( ) Unincorporated Area ( ) City of WALL SCREENING RESTRICTION Preamble and Recitals This Wall Screening Restriction, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as the "Dominant Tenement"), and more particularly described in Exhibit "B," which is attached to this Agreement and hereby -incorporated by reference. 00961720012 - Exhibit "H"-1 C. Grantee desires to acquire certain rights in the Servient Tenement. Agreement 1. Grant of Wall Screening Restriction. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee a restriction suWect to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Restriction. The restriction granted in this Agreement is appurtenant to the Dominant Tenement, and runs with the land. 3. Description of Restriction. The restriction granted in this Agreement is for wall screening by landscaping of 'improvements built upon the Servient Tenement. That portion of the first floor of any structure built upon the Servient Tenement which is visible from any point on the Dominant Tenement shall be screened by landscaping at the sole cost of the Grantor. This screening by landscaping shall be such that the ` first floor of all structures in said location on the Servient Tenement visible to the Dominant Tenement shall be screened by landscaping such that twenty-five percent \ (25%) of the structures shall be screened from view from the Dominant Tenement by the Grantor with landscaping upon the Servient Tenement. 4. Location of Restriction. The landscape restriction is located on the Servient Tenement as more particularly described in paragraph 3 of this Agreement. 5. Term. The restriction area granted in this Agreement shall be perpetual unless abandoned in writing and recorded with the county recorder by the Grantee. 6. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 7. Exclusive Restriction. Grantee's use of the restriction granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or restriction in the Servient Tenement which interferes with the restriction granted herein. Notwithstanding the terms of this provision, Grantor C0961720012 - Exhibit "H"-2 reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the restriction. 8. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and. convenient for the purpose for which this Agreement was created. 9. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 10. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 11. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the restriction set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 12. Bindine Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on , 1996. GRANTOR: KENNETH J. CATANZARITE O0961720012 - Exhibit "H"-3 GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE OCV61720012 - Exhibit "H11-4 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on. the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] M961720012 Exhibit "H"-5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK . PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OCV62280038 - Exhibit "A" EXHIBIT "Be' LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK . PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00962280039 Exhibit `B" EXHIBIT "I" RECORDING REOUESTED BY: WHEN RECORDED. MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use only) I\' THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $ ( ) Unincorporated Area ( ) City of CONSTRUCTION STAGING EASEMENT AGREEMENT Preamble and Recitals This Construction Staging Easement Agreement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as "Parcel 1" or as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as "Parcel 2" or as the "Dominant Tenement"), and more particularly described in Exhibit `B," which is attached to this Agreement and hereby incorporated by reference. Grantee desires to acquire certain rights in that part of Parcel 1 described as follows: ingress, egress, gress, storage of construction materials, supplies, equipment, real estate development support operations for Parcel 2 and related development activities. 0CW61720012 - Exhibit "I"-1 Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is an easement in gross. 3. Description of Easement. The easement granted in this Agreement is a right, but not the obligation, to enter upon the Servient Tenement, to operate as a staging area for real estate development support and related activities on the Dominant Tenement, to store construction materials, supplies, vehicles and equipment on the Servient Tenement, and to cross over the Servient Tenement, in connection with the performance of certain construction work on the Dominant Tenement. 4. Construction Work. The construction work referred to in Paragraph 3 of this Agreement (hereafter referred to as the "Construction Work") consists of the construction of a senior citizens elderly care facility on Parcel 2, pursuant to the plans and specifications that are presently approved by the City of Newport ' Beach, California, or any other construction upon Parcel 2 during the term of this Agreement. Use of the easement granted hereby shall begin no sooner than sixty (60) days after a notice from Grantee to Grantor of Grantee's intention to begin the Construction Work (the "Commencement Date"). If all tenants on the Servient Tenement have not vacated by the expiration of the sixty (60) day notice period, the Commencement Date shall be extended until five (5) working days after all the tenants and any other occupants or users have vacated Parcel 1. Grantor shall use Grantor's good faith reasonable efforts to ensure that tenants and any other occupants or users of Parcel 1 timely vacate the same. 5. Conditions. The easement set forth herein and the exercise of the rights under this Agreement by Grantee are conditioned upon: (a) Grantee being solely responsible for fencing and control of conditions on Parcel 1 during Grantee's use of Parcel 1 as a staging area, for storage and to cross over as contemplated by this Agreement; (b) Grantee holding harmless, indemnifying and defending Grantor from any and all claims to the extent such claims are related to Grantee's use of Parcel 1 as a staging area, for storage and to cross over as contemplated by this Agreement; 00961720012 - Exhibit'7-2 (c) Grantee naming Grantor as an additional insured on Grantee's commercial general liability insurance policy covering Grantee's use of Parcel 1 as a staging area, for storage and to cross over as contemplated in this Agreement; (d) Grantee agreeing not to place or store any hazardous or toxic materials upon Parcel 1 in connection with Grantee's use of Parcel 1 as a staging area, for storage and to cross over as contemplated by this Agreement; and (e) Full compliance by Grantee with the effective requirements, if any, of that certain Grading Easement Agreement between the parties of even date herewith recorded substantially concurrently herewith and relating to Parcel 1 and Parcel 2. Notwithstanding anything contained herein to the contrary (but consistent with paragraph 7 below), the Southern California IBEW-NECA Pension Plan shall be bound by the foregoing only if it, rather than its successors or assigns, exercises its rights under this Agreement. 6. Term. The easement granted in this Agreement shall terminate on Grantee's completion of the use of Parcel 1 as a staging area, for storage and to cross over as contemplated by this Agreement. If such use has begun, but is not completed within one (1) year following the Commencement Date or by December 31, 1997, whichever occurs first, then from and after the date of such first occurrence, but only during such use and only until such use is completed, Grantee shall pay to Grantor the sum of $2,500.00 per month, for the first four (4) months, and the sum of $7,500.00 per month, thereafter, payable on the first of each month, pro -rated for any partial months, as rental for Parcel 1. A late charge of five percent (5%) of the monthly payment shall be due in the event Grantor receives a rental payment after the tenth of the month for which any rent is due. Notwithstanding the foregoing, if all tenants, occupants or other users of Parcel 1 do not vacate within the sixty (60) day period provided in paragraph 4, then the above -referenced December 31, 1997 date shall be automatically extended one (1) day for each day that any tenant holds over past said sixty (60) day period. 7. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 00961720012 - Exhibit "I"-3 8. Duty to Repair. Restore. or Replace. Within thirty (30) days following completion of the Construction Work and if, but only if, Grantee has used the Servient Tenement as a staging area, for storage and to cross over pursuant to this Agreement, Grantee shall (a) remove Grantee's construction equipment and materials from the Servient Tenement and (b), if required by the Grading Easement referred to at paragraph S(e) above, rough grade the two lots comprising the Servient Tenement in accordance with such Grading Easement Agreement. 9. Nonexclusive Easement. The easement granted in this -Agreement is nonexclusive. Grantor retains the right to make any use of the Servient Tenement, including the right to grant concurrent easements in the Servient Tenement to third parties, in a manner that does not interfere unreasonably with Grantee's free use and enjoyment of the easement. 10. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to this Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 11. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 12. Specific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law'if Grantor shall fail to perform any of Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 13. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in .this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. OCW61720012 - Exhibit "I"-4 14. Binding Effect. This Agreement shall be binding on and shall. inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee, except as otherwise provided in this Agreement. Executed on . , 1996. GRANTOR: KENNETH J. CATANZARITE GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE 00961720012 - Exhibit "I"-5 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC State of California ) [Seal of Notary] .) ss. County of Orange ) On , 1996, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. . WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] OCV61720012 - Exhibit "I"-6 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCELS 1 AND 2 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. M96=0038 Exhibit "A" EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK . PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OG1962280039 Exhibit "B" EXHIBIT still RECORDING REQUESTED BY: WHEN RECORDED. MAIL TO: Nossaman, Guthner, Knox & Elliott, LLP 18101 Von Karman, Suite 1800 Irvine, California 92616-1047 Attention: Rensselaer J. Smith IV, Esq. (Space Above Line for Recorder's Use only) THE UNDERSIGNED GRANTOR(S) DECLARE(S): DOCUMENTARY TRANSFER TAX IS S ( ) Unincorporated Area ( ) City of BUILDING SETBACK EASEMENT Preamble and Recitals This Building Setback Easement, hereafter referred to as "Agreement," is entered into as of the date set forth below and effective as of the date this Agreement is recorded with the Orange County Recorder, by and between Kenneth J. Catanzarite, and his successors and assigns, hereafter referred to as "Grantor," and the Southern California IBEW-NECA Pension Plan, and its successors and assigns, hereafter referred to as "Grantee." A. Grantor is the owner of certain real property situated in Newport Beach, Orange County, California (hereafter referred to as the "Parcel 1" or as the "Servient Tenement"), and more particularly described in Exhibit "A," which is attached to this Agreement and hereby incorporated by reference. B. * Grantee is the owner of certain real property situated in the City of Newport Beach, Orange County, California (hereafter referred to as "Parcel 2" or as the "Dominant Tenement"), and more particularly described in Exhibit "B," which is. attached to this Agreement and hereby incorporated by reference. 00961720012 - Exhibit "J"-1 C. Grantee desires to acquire certain rights in the Servient Tenement. Agreement 1. Grant of Easement. In consideration of the foregoing premises, the representations, warranties, covenants, and agreements set forth in this Agreement, the execution of this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by each of the parties hereto, Grantor grants to Grantee an easement subject to the terms of this Agreement and the parties agree as set forth herein. 2. Character of Easement. The easement granted in this Agreement is appurtenant to the Dominant Tenement, and runs with the land. 3. Description of Easement. The easement granted in this Agreement is for a building setback restriction as follows: Grantor agrees no building may be located on Parcel 1 nearer to the adjoining lot line between Parcel 1 and Parcel 2 than a minimum building setback of fourteen (14) feet from the adjoining lot line for the first floor, and a minimum building setback of eleven (11) feet for the second floor from the adjoining lot line, and any permitted overhangs, as more particularly described in Exhibit "C," which is attached to this Agreement and hereby incorporated by reference. 4. Location of Easement. The building setback easement is located on the Servient Tenement as more particularly described in Exhibit "C." 5. Term. The easement granted in this Agreement shall be perpetual unless abandoned in writing and recorded with the county recorder by the Grantee. 6. Assignments. If, during the existence of this Agreement, any party (either the Grantor or the Grantee) shall sell transfer or otherwise terminate its interest as an owner of the property described herein (either the Servient Tenement or the Dominant Tenement), as appropriate, or any part thereof, then, from and after the effective date of such sale, transfer, or termination of such interest, that party shall be released and discharged from any and all obligations, responsibilities, and liabilities under this Agreement as to the portion sold or transferred, except those obligations, responsibilities, and liabilities (if any) that have already accrued as of such date, and the transferee, by acceptance of the transfer or such interest, shall thereupon become subject to the covenants contained herein to the same extent as if such transferee was originally a party to this Agreement. 7. Exclusive Easement. Grantee's use of the easement granted in this Agreement shall be exclusive. Grantor shall not grant or assign to others any right-of-way or easement in the Servient Tenement which interferes with the easement granted herein. Notwithstanding the terms of this provision, Grantor reserves the right to use the Servient Tenement in a manner consistent with Grantee's free use and enjoyment of the easement. 00961720012 - Exhibit "T'-2 8. Scope and Interpretation. Any ambiguities in this Agreement shall not be construed against any party to Agreement. If this Agreement does not precisely define the rights conferred by this Agreement, the scope of this Agreement is to be construed as whatever is reasonably necessary and convenient for the purpose for which this Agreement was created. 9. Attorneys' Fees. If any legal action or proceeding arising out of or relating to this Agreement is brought by either party to this Agreement, the prevailing party shall be entitled to receive from the other party, in addition to any other relief that may be granted, the reasonable attorneys' fees, costs, and expenses incurred in the action or proceeding by the prevailing party. 10. SMecific Performance. The parties acknowledge that the rights granted in this Agreement are unique and that Grantee will not have an adequate remedy at law if Grantor shall fail to perform any of Grantor's obligations hereunder. In such event, Grantee shall have the right, in addition to all other rights and remedies, to specific performance or injunctive relief. 11. Entire• Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easement set forth herein. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by Grantor and Grantee. 12. Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of Grantor and Grantee. Executed on , 1996. GRANTOR: KENNETH I CATANZARITE 00961720012 - Exhibit I'P-3 GRANTEE: SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional Realty Advisors, a California corporation, doing business as American Realty Advisors, Its Authorized Agent By: Name: Its: CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE OCV61720012 - Exhibit "J11-4 ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared Kenneth J. Catanzarite and Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] State of California ) ) ss. County of Orange ) On , 1996, before me, a Notary Public, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] OM961720012 - Exhibit 64J"-5 EXHIBIT "A" LEGAL•DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 1 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK . PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 00962290038 - Exhibit "A„ EXHIBIT "B" LEGAL DESCRIPTION ALL THAT CERTAIN LAND SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF NEWPORT BEACH, DESCRIBED AS FOLLOWS: PARCEL 3 OF PARCEL MAP NO.95-178, IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK , PAGES AND INCLUSIVE OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. OC%962280039 Exhibit `B" JUN 03 '96 09:20 DUCA ' 70Y, INC. C14-6754456 F&=X]3,TT " C° (page 1 ) EASEMENT FOR SETBACK PURPOSES AN EASEMENT FOR SETBACK PURPOSES OVER THAT PORTION OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: q 'J RT F ARCEL ON PARCEL MAP NO. 95-178,•FILED OFFCOK THE'COES R I USIVE OF PARCEL MAPS, IN THE D COUNTY, DESCRIBED AS FOLLOWS: THE NORTHEAST 14.00 FEET OF SAID PARCEL 1. PREPARED BY: DUCA-McCOY, INC 3840 E. COAST HWY. CORONA DEL MAR, -CA. 92625 (714) 675-4487 • G• 3-9 � PETE J. DU R.C.E. 24668 'No. 24668 . CIVIL tXHItil I (Page 2) EASEMENT MAP PARCEL 3 450.22'20'W IV.92 l P. M PARCEL I y N 50' 42' 20" W 78.76' No5"2E'2o'W 4.57' m r3o' 22' 2& 178 �j •� NIb°" SPE use°�2'zo"w 24.2I PARCEL .2 0 30# LEGEND lRq";;-QrcNOT9a USE.MENT FOh SEIDACK. QWP09ES• of �41 / Ae . 6xI5T. �liA[NAGI: EASEMENT AETAINED SY of NEWP�" I PLOWN rM YACATlo1l `• aF GLLENN ORIYE. INSTFt. No. 92=a39g(a, gFti. No. 24668 i PREPARED BY; DUCA-Mc COY , I NC . 3840. b'COAST' HWY CORONA DEL MAR, CA. (714) 67$-4487 92625 /,')*. �i n EXHIBIT "K" RELEASE [ATTACHED] OC\961720012 Exhibit "K" 4 5 6 7 8 9 10 11 Kenneth J. Catanzarite (SBN 113750) Jim Travis Tice (SBN 153867) Richard Vergel de Dios (SBN 180470) CATANZARITE LAW CORPORATION 2331 West Lincoln Avenue Anaheim, California 92801 Tel: (714) 520-5544 Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ORANGE KENNETH J. CATANZARITE, 12 Plaintiff, 13 vs. 14 15 W-1II 1711 18 19 2011 21 22 23 24 25 26 27 28 THE SOUTHERN CALIFORNIA IBEW- NECA PENSION PLAN, et al. Defendants. Case Number: 751945 ASSIGNED FOR ALL PURPOSES TO HON. RONALD C. KLINE DEPARTMENT 7 Trial Data: None Set NOTICE OF WITHDRAWAL OF LIS PENDENS AND PENDENCY OF ACTION NOTICE IS HEREBY GIVEN THAT Kenneth J. Catanzarite withdraws the notice of lis pendens and pendency of action (lis pendens) ("Notice") that was recorded in the above action on August 29, 1995, with Recorder's Document Number 95-0375461, of the Official Records of Orange County, California. Kenneth J. Catanzarite is the party who recorded the above hs; pendens. The legal description of the real property owned by the defendant The Southern California IBEW-NECA Pension Plan, to which the Notice relates is as follows: Parcel 1 of Parcel Map 85-257, City of Newport Beach, County of Orange, State of California, as per map filed in Book 218 at Pages 5 & 6, inclusive of Parcel Maps, in the Office of the County Recorder of said County (as set forth in a deed recorded December 21 ' 1989 as instrument number 89-691308), hereinafter referred to as ""Parcel One." Case No. 751945 0777.619.01 [W-R0777%Notice.7171 4 5 6 7 8 9 10 11 12 13 14 15 16 17 11 18 19 20 21 22 23 24 25 26 27 28 The above Notice affected the above -described real property that is situated in Orange County, California. This notice is recorded pursuant to Code of Civil Procedure § 405.50. DATED: July 17, 1996 CATANZARITE LAW CORPORATION . /7 CERTIFICATE OF ACKNOWLEDGMENT BY NOTARY PUBLIC STATE OF CALIFORNIA ► COUNTY OF ORANGE ss On this �_ day of July,1996, before me, personally appeared r .. ! ;,.,.��;,,�. personally known tome or proved tome on the basis of satisfactory evidence to be the person�,a•)`"whose namej,-.�'slafc subscribed to the within instrument and acknowledged to me that hekhefttMT-executedthe same in his4146FAh authorized capacityfie*, and that by hisfaer �signature4s�- on the instrument the personf4, or the entity upon behalf of which the personls�—acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature My Commission Expires: �'=• ��3�� cam# CRAN"Coubw fib comm. ago= On. Case No. 751945 0777.619.01 IW-P\0777\Notice.7171 2, 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CERTIFICATE OF ACKNOWLEDGMENT BY NOTARY PUBLIC STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this I i� day of July,1996, before me, personally appearedIc ,,,�J personally known to me or proved to me on the basis of satisfactory evidence to be the person whose names) islare subscribed to the within instrument and acknowledged to me that heiahe*teq► executed the same in hisAw*A+ k authorized capacity4o&), and that by hisAm*4hei-r signatur&(S}-on the instrument the person}s), or the entity upon behalf of which the personfs} acted, executed the instrument. WITNESS my hand and official seal. (SEAL) Signature J)C) My Commission Expires: is 1..,310s Case No. 751945 0777.619.01 (W M0777%Notice.717] 3. A►1AICH R CObM. • t0lstii CRANECOUNlY r b1V Comm. Em*m OCT .1"S Naar, Address and Telephone No. of Attomay(s) Kenneth J. Catanzarite CATANZARITE LAW CORPORATION 2331 W. Lincoln Ave. Anaheim, California 92801 (714) 520-5544 (SBN 113750) )for Plaintiff Spsea Below for Use of Court Clark Only SUPERIOR ORANGE .............................................. COURT OF CALIFORNIA, COUNTY OF ................................................ (SUPERIOR. MUNICIPAL, or JUSTICE) ........................................................................................................................................... (Name of Municipal or Justice Court District or of branch court. If any) Plaintiff(s): KENNETH J. CATANZARITE Defendant(s): THE SOUTHERN CALIFORNIA IBEW- NECA PENSION PLAN, et al. _ (Abbreviated Title) CASE NUMBER 7 519 4 5 REQUEST FOR DISMISSAL TYPE OF ACTION 0 Personal Injury, Property Damage and Wrongful Death: Q Motor Vehicle 0 Other 0 Domestic Relations F-1 Eminent Domain ® Other. (Specify) Quiet Title ............................................................... Injunctive Relief TO THE CLERK: Please dismiss this action as follows: (Check applicable boxes.) Fraud and Deceit 1. 0 With prejudice F__1 Without prejudice 2. 0 Entire action © Complaint only 0 Petition only 0 Cross -complaint only 0 Other. (Specify)* August 14, 1996 Dated....................................................................................... *If dismissal requested is of specified parties only, of specified causes of action only or of specified cross -complaints only, so state and identify the parties, causes of action or cross -complaints to be dismissed. TO THE CLERK: Consent to the above dismissal is hereby given. ** Dated: ....................................................................................... —When a cross -complaint (or Response (Marriage) seeking affirma- tive relief) is on file, the attomey(s) for the cross -complainant (respondent) must sign this consent when required by CCP 581(1), (2) or (5). Attomey(s) for Kenneth J. Catanzarite (Type or print attomey(s) name(s)) (Type or print attomey(s) name(s)) (To be completed by clerk) QODismissal entered as requested on..................................................................................................................................................... Dismissal entered on ...................................................... as to only ..................................................................................... 0 Dismissal not entered as requested for the following reason(s), and attomey(s) notified on.......................................................................... Clerk Dated................................................................................. By Deputy Form Adopted by Rule 992 of The Judicial CoLmcll of Collfomin Revised Effective July 1, 1972 REQUEST FOR DISMISSAL CCP Sol, etc: Cal. Rules of Cart Ride 1219 EXHIBIT "M" [INTENTIONALLY OMITTED) OC\961720012 - Exhibit "M" EXHIBIT "N" PARTIAL RECONVEYANCE [ATTACHED] 00961720012 - Exhibit "N" RECORDING REQUESTED BY: Chicago Title Company WHEN RECORDED MAIL TO: Nossaman, Guthner, Knox & Elliott 18101 Von Karman Avenue, Suite 1800 Irvine, California 92713-9772. Attention: Rensselaer J. Smith IV, Esq. Space above this Mae for Recorder's use only PARTIAL RECONVEYANCE California Federal Bank, FSB ("Beneficiary"), is the legal owner and holder of the Promissory Note(s) for the total sum of Dollars ($ ) and of all other indebtedness secured by that certain Deed of Trust dated November , 1994, made by Trustor, Kenneth J. Cantanzarite, to Cal Fed Service Corporation, a California corporation, as Trustee, which Deed of Trust was recorded on November 1994, as Document No. 94-0663801 of Official Records in the Office of the Recorder of Orange County, California. Beneficiary instructs Trustee to and Trustee agrees to and does hereby, in accordance with the terms of the Deed of Trust, reconvey without warranty the property described herein, to "the person or persons legally entitled thereto," the estate now -held by Trustee under the Deed of Trust in and to that portion of the property described in the Deed of Trust, situated in the City of Newport Beach, County of Orange, State of California, described on Exhibit A attached hereto and incorporated herein by this reference. The remaining property described in the Deed of Trust shall continue to be held by Trustee under the terms of the Deed of Trust. This Partial Reconveyance is made without effecting the personal or other liability, if any, of any person or entity, including without limitation Kenneth J. Catanzarite, for payment of the indebtedness secured by the Deed of Trust. Date: , 1996 BENEFICIARY: CALIFORNIA FEDERAL BANK, FSB By: Hector Fernandez, Assistant Vice President 0CM17OW35 _ 1 _ By: Name: Title: Date: ,1996 TRUSTEE: CAI- FED SERVICE CORPORATION, a California corporation By: Karineh Megerdichian, Vice President By: Name: Title: 00961700033 _ _ Z STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On , 1996, before me, a notary public in and for said county and state, personally appeared Hector Fernandez, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) Notary Public On , 1996, before me, a notary public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary Public 00961700035 .3 STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On . 1996, before me, a notary public in and for said county and state, personally appeared Karineh Megerdichian, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Notary Public My commission expires: STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) . On , 1996, before me, a notary public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary Public OC19617OW35 .4 EXHIBIT A [attached] OCW61700035 Exhibit A .E$SIBXT 'A• E THAT PORTION OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS°FOLLOWS: THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP.NO. 93-186, RECORDED IN BOOK 285, PAGES 1 AND.2 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:PARCEL s BEGINNING AT THE MOST NORTHERLY"CORNER OF SAID PARCEL 1, BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAYILINE OF HAZEL DRIVE (40 FEET WIDE); THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 50622'20".EAST 113.123 FEET TO THE. TRUE POINT OF BEGINNING; THENCE SOUM 15°47'30- EAST 1.58 FEET; THENCE NORTH 50°22'200 WEST 5.'88•'FEET; THENCE NORTH 5022'200 WEST 1.27 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1; 'THENCE' SOUTH 50'22'200 EAST 4.98 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL B• BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, BEING A POINT.ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF HAZEL DRIVE (40 FEET WIDE); THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 50*22'20- EAST 113.23 FEET; THENCE SOUTH 15047'309 EAST 10.00 FEET; THENCE NORTH 74012'30• EAST 6.89 FEET TO THE TRUE POINT OF BEGINNING, BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 52.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A•CENTRAL ANGLE OF V 41'S9- 1..54 FEET; THENCE NORTH 50022'200 WEST 1.87 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1) - THENCE NORTH 74.12'30- EAST•1.09 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL C: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 7.9022'300 WEST 25.58 FEET; THENCE NORTH 10637'300 EAST 51.50 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID fORTHEASTERLY LINE SOUTH 15047'300 EAST 57.50•FEET, MORE OR LESS, TO THE POINT - OF BEGINNING. SEE EXHIBIT 020 (ATTACHED AND MADE A PART HERETO) PREPARED BY: DUCA-MCCOY, INC. I. No.24668 3840 E. COAST H.W. CPAWIM DEL MAR, CA. 92625 Exp 71 ) 675-M4" R.C.E. civly m a go i x K Lb PAR CU— L I P.M. 20 � r P. Pm B. N l `'Pume N 50. 22 ' 20."W . 105 , 92 - N 50.22'20'W 133.23- 1 85 -- 25-7 05.22'20-W N 50-22.20-W 33.22' N 15.56'51'E 1'2.13' 0. Pag, N so•22.2o-w o iPARPat,SA¢19 p 1% G u Al Pa• :�•,� • � 24.21 ra n in b4 �, IX 0 b 3Q'l1 N,16 . Z °� �`�• • a� .� N so*22'20'W ' 9� ' • ' f 78. 76 ') � � • ' 20'" o I0 Lo. i �S. DUNOTC-5 GRNO USING come-yuD -• - .. ... - ` 4 ..S0 PREPARED BY: �. / . S �. DUCA-McCOY A/ 3840 E. COASTNF•Y. CORONA DEL MAR, CA. 92625' 4i 675- 487 P TE J."�•b UCA R.C.E. 24668 DATE J. 5re 5HT 2 FoR .r Joll, rd o f of . 0.) / a tilt REAR v9Z.0'�9 Q No. 24668 UP_12'31-�7 .. Civil- , 4, PAR cu- N 050 22 @20"W ' 4. 57 Ly---- DENOT 6 LAND B IN 5002 2 •2 0 W 33.22 106.25'* �' N 150 56 5 1* E 12. 1.3 "P-RC66 a'' \ �a �� sa •• � Of 4 � Q .� \ Zo 3 0 J y • `� � �O • �� � � No. 24668 PREPARED BY: - \ �b 1 Exv -- DUCA-McCOY, INC. s O V 3840 E. COAST HMY. �qj civit. e"4� �••. • ' (�� CORONA DEL MAR, CA. 92625 GFCAL11 A\ (71 75-4487 - 95- 18(o PET J. DUCA sC� R.C.E. 24668 DAT L EXHIBIT "O" SUBORDINATION [ATTACHED] OC1961720012 Exhibit "O" RECORDING REQUESTED BY: Chicago Title Company WHEN RECORDED MAIL TO: Nossaman, Guthner, Knox & Elliott 18101 Von Karman Avenue Suite 1800 Irvine, California 92713-9772 Attention: Rensselaer J. Smith IV, Esq. Space above "Hoe for liecordees m Q* SUBORDINATION AGREEMENT THIS SUBORDINATION AGREEMENT ("Subordination Agreement") is made and entered into as of the day of 1996 by and between Kenneth J. Cantanzarite, the owner and Trustor of the land hereinafter described under the Deed of Trust referred to hereinbelow (`Trustor"), and California Federal Bank, FSB, the present Beneficiary and holder of the Deed of Trust and Note hereinafter described ("Beneficiary"), with reference and respect to the following facts and circumstances: WITNESSETH THAT WHEREAS, Trustor executed that certain Deed of Trust, dated November 8, 1994 to Cal Fed Service Corporation, a California corporation, as Trustee, covering that certain real property described in Exhibit 1 attached hereto and incorporated herein by this reference (the "Property") to secure a Note in the sum of Four Hundred Forty -Thousand Dollars ($440,000.00), dated November 8, 1994, in favor of Beneficiary which Deed of Trust was recorded on November 16, 1994 as Document No. 94-0663801 in the Official Records of Orange County, California; and WHEREAS, Trustor, as Grantor, has executed the following easements and/or agreements covering the Property, in favor of the Southern California IBEW- NECA Pension Plan, as Grantee, upon the terms and subject to the provisions therein set forth (collectively, the "Easement Agreements"): (i) Unobstructed View Easement Agreement dated 1996 and recorded on , 1996 as Document No. in the Official Records of Orange County, California. 0CM170M - -1- (ii) View Easement Agreement dated , 1996 and recorded on , 1996 as Document No. in the Official Records of Orange County, California. (iii) Landscape Easement Agreement dated 1996 and recorded on 1996 as Document No. in the Official Records of Orange County, California. (iv) Grading Easement Agreement dated 1996 and recorded on 1996 as Document No. I in the Official Records of Orange County, California. (v) Wall Screening Restriction dated 1996 and recorded on 1996 as No. in the Official Records of Orange County, California. Document (vi) Construction Staging Easement Agreement 'dated 1996 and recorded on , 1996 as Document No. in the Official Records of Orange County, California. (vii) Building Setback Easement dated 1996 and recorded on ' 1996 as Document No. in the Official Records of Orange County, California; and WHEREAS, it is a condition precedent to the execution of the Easement Agreements by Grantee that the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of the Grantee thereunder shall unconditionally be and remain at all times prior to and superior to the lien or charge upon the Property of the Deed of Trust first above mentioned; and WHEREAS, it is to the mutual benefit of the parties hereto that Grantee enter into the Easement Agreements with - Trustor and Beneficiary is willing that the lien or charge of the Deed of Trust be subordinated and made subject to the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of Grantee thereunder. NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to induce the -2- Grantee named in the Easement Agreements to enter into said Easement Agreements, it is hereby declared, understood and agreed as follows: I. That the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of Grantee thereunder shall unconditionally be and remain at all times prior and superior to the lien or charge of the Deed of Trust, and the lien or charge of the Deed of Trust is hereby made subject and subordinate to the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of Grantee thereunder. 2. That Grantee would not enter into the Easement Agreements, or any of them, without this Subordination Agreement. I That this Subordination Agreement shall be the whole and only agreement with regard to the subordination of the lien or charge of the Deed of Trust to the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges thereby created together with all rights and/or privileges of Grantee thereunder, and shall supersede and cancel, but only insofar as would effect the priority between the Deed of Trust and the Easement Agreements, and each of them, any prior agreements as to such subordination, including, but not limited to, those provisions, if any, contained in the Deed of Trust which provide for the subornation of the lien or charge thereof to an easement or other document, instrument or agreement 4. Beneficiary declares, agrees and acimowledges the following: (i) Beneficiary consents to and approves of the terms of the Easement Agreements, and each of them, and to all provisions therein set forth; (ii) Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien or charge of the Deed of Trust in favor of the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of Grantee thereunder as above referred to, and Beneficiary understands that in reliance upon, and in consideration of, this wavier, relinquishment and subordination, specific contracts are being and will be made and, as a part and parcel thereof, specific monetary and other obligations are being and will be entered into which would not be made or entered into but for said reliance upon this waiver, relinquishment and subordination; and OCS61700026 -3- (iii) An endorsement has been placed upon the Note secured by the Deed of Trust that the Deed of Trust has, by this Subordination Agreement, been subordinated to the Easement Agreements, and each of them, as well as the estates, interests, rights and/or privileges created thereby together with all rights and/or privileges of Grantee thereunder as above referred to. IN. WITNESS WHEREOF, the parties hereto have executed this Subordination Agreement as of the day first set forth hereinabove. TRUSTOR: KENNETH J. CATANZARM Kenneth L Catanzarite BENEFICIARY: CALIFORNIA FEDERAL BANK, FSB By: Hector Fernandez, Assistant Vice President By: Name: Title: -4- AGREED, ACCEPTED AND ACKNOWLEDGED ON THIS DAY OF 1996: TRUSTEE: CAL FED SERVICE CORPORATION, a California corporation By: Karineh Megerdichian, Vice President By: Name: Title: OCV617000M STATE OF CALIFORNIA ) ) ss: COUNTY OF ORANGE ) On , 1996, before me, a notary public in and for said county and state, personally appeared Kenneth J. Catanzarite, personally known to ' me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument,. WITNESS my hand and official seal. My commission expires: STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) Notary Public On , 1996, before me, a notary public in and for said county and state, personally appeared Hector Fernandez, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrumen WITNESS my hand and official seal. My commission expires: Notary Public OCW61700026 -6- STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On , 1996, before me, a notary public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) Notary Public On . 1996, before me, a notary public in and for said county and state, personally appeared Karineh Megerdichian, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: 0C1961700M6 - Notary Public STATE OF CALIFORNIA ) ) ss: COUNTY OF LOS ANGELES ) On , 1996, before me, a notary public in and for said county and state, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s), or the entity upon behalf of which the - person(s) acted, executed the instrument. WITNESS my hand and official seal. My commission expires: Notary Public 0CM1700026 - -8- EXHIBIT 1 LEGAL DESCRIPTION OF THE PROPERTY Parcels 1 and 2 of Parcel Map No. 95-178, in the City of Newport Beach, County of Orange, State of California, as per Map filed in Book , Pages and inclusive of Parcel Maps, in the -Office of the County Recorder of Orange County, California. 0CM1700M - Exhibit 1 EXHIBIT "P" TENTATIVE PARCEL MAP NO 95-179 [ATTACHED] OC%961720012 - Exhibit " P" TENTATIVE PARCEL. MAP No. 96.178 IIASI VACANT LAND I `• 1 PARML ! I SAW —.. / .4. F 11i. ILGlL drscnwnm. ON • : immp ONAWKWIllawr •yfr M rfr w w, r•f \�aRL r etcasac '°��e.� -&>a'". r VAwM Y r\ ritr 42 •err •• wff .A A0W y rf r• N w)rf1 . am"MA• fr•rr �, as%* w .� f.f•rrr .�.. w�fr rl tow to" .V 7�• rw.r•rf•f• r D ru Ll r lD m A L n D --1 D N D Z7 m r D E n u m EXHIBIT "Q" EXHIBIT RECORDING FEES Catanzarite is responsible for and shall advance, upon execution of this Agreement, reasonable sums to Smith IV in order to permit him to record the documents in the form of Exhibits "C," "K," "N," "O," "P" and "S," plus one-half the recording fee for Exhibit "G." IBEW is responsible for and shall advance, upon execution of this Agreement, reasonable sums to Smith IV in order to permit him to record the documents in the form of Exhibits "D," "E," "F," "H," "I," "T' and "R" plus one-half the recording fee for Exhibit "G." OC%961720012 - Exhibit ACT EXHIBIT "R" CATANZARTTE DEED [ATTACHED] OC%961720012 Exhibit "R" RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO - Name Rensselaer J. Smith IV s-„• Sessar..an, Guthner, e•t AoCr°u 18.101 Von Karman C°Y a Suite 1800 State ZAP Irvine, California 92612 Tide Order No. Escrow No. T 355 Legal 12.94) SPACE ABOVE THIS LINE FOR RECORDER'S USE Grant Deed THE UNDERSIGNED GRANTOR(s) DECLAREW DOCUMENTARY TRANSFER TAX IS S Q unincorporated area n City of Parcel No. r computed on full value of interest or property conveyed, or U. computed on full value less value of liens or encumbrances remaining at time of sale, and I FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Kenneth J. Catanzarite hereby GRANT(S) to - , the Southern California IBEW-NECA Pension Plan the following described real property in the City of Newport Beach county of Orange , state of California: The real property is described in Exhibit A and Exhibit B attached hereto and incorporated herein by this reference. Dated STATE OF CALIFORNIA COUNTY OF Orantte } S.S. On before me, a Notary Public in and for said County and State, personally appealed Kenneth J. Catanzarite personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/sheRhev executed the same in hisfierAheir authorized capacaKies), and that by hisftwAheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature Kenneth J. Catanzarite (rho area for official notonal goal) MAIL TAX STATE.MEN-IS TO PARTY SHORN ON FOLLOWING IJNE: IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE CONSENT OF GRANTOR'S SPOUSE I acknowledge that the interests conveyed in this instrument are the separate property of my spouse, Kenneth J. Catanzarite, the .Grantor. I have read the foregoing instrument carefully and consent to its execution and performance in all respects. KIM E. CATANZARITE ACKNOWLEDGMENT State of California ) ) ss. County of Orange ) On 1996, before me, a Notary Public, personally appeared Kim E. Catanzarite, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature: NOTARY PUBLIC [Seal of Notary] 00962260019 _ .EXHXBIT •A• PROPERTY'-CONVEYEQ FROM KENNETH J. CATAN ARITE TO SO THPRN AT.TFARNTL TAFj,J- n THAT PORTION OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS'FOLLOWS: THAT PORTION OF PARCEL 1 AS SHOWN ON PARCEL MAP•NO. 93-186, RECORDED IN BOOK 285, PAGES 1 AND•2 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL A: ` s BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, BEING•A POINT ON THE SOUTHEASTERLY RIGHT-OF—WAY) LINE OF HAZEL DRIVE (40 FEET WIDE); THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 50622'20-.EAST 113.23 FEET TO THE.TRUE POINT OF BEGINNING; THENCE SOUTH'15°47'30" EAST 1.58 FEET; THENCE NORTH 506221200 WEST 5.38''FEET; THENCE NORTH 5022'20" WEST 1.27 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1; 'THENCE* SOUTH S0622'20" EAST 4.98.FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL B• BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL 1, BEING A POINT.ON THE SOUTHEASTERLY RIGHT—OF—WAY LINE OF HAZEL DRIVE (40 FEET WIDE); THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 1 SOUTH 50022'20" EAST 113.23 FEET; THENCE SOUTH 15°47'30" EAST 10.00 FEET; THENCE NORTH 74012'30• EAST 6.89 FEET TO THE TRUE POINT OF BEGINNING, BEING THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 52.00 FEET;' THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF IN41'S9" 1.54 FEET; THENCE NORTH 50022'20" WEST 1.87 FEET TO A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1;' THENCE NORTH 74"12'30" EAST•1.09 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL C: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL 1; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 1 NORTH 7.902230" WEST 25.58 FEET; THENCE NORTH 10037'30" EAST 51.50 FEET TO'A POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF SAID PARCEL 1; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 15047'30" EAST 57.50-FEET, MORE OR LESS, TO•THE POINT OF BEGINNING: SEE EXRXBIT ■B■ (ATTACHED AND MADE A PART HERETO) J. PREPARED BY: �k o.24668 DUCA—MCCOY, INC. • 3840 E. COAST HWY. NA DEL ' /, CA. 92625 xp 71 ) _ 675�4 .C.E. 24 m 0 E� 1b x ate e z to io '. lm� sow to x X lb ,7 r Ili L' t.-;7 Ll ' 20' N , 'N 50.22'20.'W 105.92' 113.23' ' ' N 50.22' 20'W 133 23' ' 1 85 - 25`I 05.22'20'W N 50.22'20'W 33.22' 15.56'51'E i N 50.22'20'W' us pa%& . d1w ,, � 24.21 • . (Pc�1.s ass P G t? P r in lb N 50.22'20'W (76.76')�. t o N UNOTUS LAND BUING CONY M 2� � e - 6 Z - PREPARED BY:. �•,• 19 I DUCA-McCOY, •INC. l 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 4) 675 487 -1 _�•� PISTE J. UCA R.C.E. 24668 DATE 5HT 2 f;Oa WnLAR6sMr;nr 9 �Ej9cg , . 1? q �\ -0?t' � Vp • V02 �V J • G�� D J. No. 24668 up_12-31-9'7 civil. t) J L. v u C n M. z c D I TN 050 22' 20"W 4. 57 3 -- Dc-m0Ts5 LAND BVIN6 500 22.,20 W 33. 22 N 150 56 '5 1 ''E 12. 13' { o � -� o •l� -tea. <CobDl- • o 0 1/ O K 1 PREPARED BY: DUCA-MCCOY,•INC. 3840 E. COAST HWY. CORONA DEL MAR, CA. 92625 (714f1675-4487. f\' Wa. 24668 w C&I L IREW EXHIBIT "S" IBEW DEED [ATTACHED] OCV61720012 Exhibit "$" RECORDING REQUESTED BY AND WHEN RECORDED MAIL THIS DEED AND. UNLESS OTHERWISE SHOWN BELOW. MAIL TAX STATEMENT TO. Narm Kenneth J. Catanzarite, Esq. Street Am— 2331 West Lincoln Avenue Cary a Zp'° Anaheim, California 92801 Title Order No. Escrow No. SPACE ABOVE THIS LINE FOR RECORDER'S USE T 360 LEGAL (1.94) Quitclaim Deed THE UNDERSIGNED GRANTOR(s) DECLARE(s) DOCUMENTARY TRANSFER TAX IS 5 unincorporated 'area - City of Parcel No. C computed on full value of property conveyed, or C computed on full value less value of liens or encumbrances remaining at time of sale, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Southern California IBEW-NECA'Pension Plan hereby REMISE, RELEASE AND FOREVER QUITCLAIM to Kenneth J. Catanzarite, a married man as his sole and separate property the following described real property in the City of Newport Beach county of Orange state of California: The real property is described in Exhibit A and Exhibit B attached hereto and incorporated herein by this reference. Dated STATE OF CALIFORNIA COUNTY OF Los Angeles I S.S. On before me, a Notary Public in and for said County and State, personally appeared an ev ezman personally known to me (or proved to me on the basis of satisfactory evidence) to be the Person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(fes), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal Signature SOUTHERN CALIFORNIA IBEW-NECA PENSION PLAN By: American Institutional ea ty v sors, a California corporation doing business as American Realty Advisors, Its Authorized Agent By: Stanley L. Iezman, President (This area for official notorial met) MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IT NO PARTY SHOWN, MAIL AS DMEC1tED ABOVE ESSIBST ■A" • UAL M. �--- — - THAT PORTION OF LAND IN THE CITY OF NEWPORT BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRI•BED AS FOLLOWS: THAT PORTION OF PARCEL 1 AS SHOWN -ON PARCEL MAP NO. 85-257, RECORDED IN BOOR 218, PAGES 5 AND 6 OF PARCEL MAPS, RECORDS OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: PARCEL As BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, BEING A POINT ON THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF HAZEL DRIVE (40 FEET WIDE); THENCE ALONG SAID RIGHT-OF- WAY.LINE NORTH 399 37'40" EAST 2.33 FEET; THENCE SOUTH S& 22'20" EAST.105.92 FEET; THENCE SOUTH 5022'20" EAST 3.30 FEET TO A POINT OF INTERSECTION WITH THE SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE NORTH 50022'20" WEST 108.25 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL Bs BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, BEING A POINT ON THE -SOUTHEASTERLY RIGHT=OF-WAY LINE OF -HAZEL DRIVE (40 FEET WIDE); THENCE ALONG = SOUTHWESTERLY LINE OF SAID PARCEL 1 SOUTH 50°22'20" EAST 113.23 FEET; THENCE SOUTH 15647#300 EAST 1.58 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 50*22'20" EAST 10.23 FEET TO A POINT OF INTERSECTION WITH•SAID SOUTHWESTERLY LINE OF SAID PARCEL 1; THENCE SOUTH 74°12'30" WEST 5.80 FEET; THENCE NORTH 15047'308 WEST 8.42 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. PARCEL Cs BEGINNING AT THE MOST WESTERLY CORNER OF SAID PARCEL 1, BEING A POINT ON THE' SOUTHEASTERLY RIGHT-OF-WAY LINE OF HAZEL DRIVE (40 FEET WIDE);- THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL-1 SOUTH 5& 22'209 EAST 113.23 FEET; THENCE SOUTH 15047"30" EAST 10.00 FEET; THENCE NORTH 74°12'30" EAST 6.89 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 52.00 FEET; THENCE SOUTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF " e 41'S9- 1.54 FEET TO THE TRUE POINT OF BEGINNING;. THENCE SOUTH 50*22'20" EAST 15.74 FEET; THENCE SOUTH 15°56',51" WEST 12.13 FEET; THENCE SOUTH 50°22'20" EAST 24.21 FEET; THENCE SOUTH 15*47'30" EAST 1.55 FEET TO A POINT BEING AN ANGLE POINT ON SAID SOUTHWESTERLY LINE OF PARCEL 1; THENCE NORTH 76030'00" WEST 30.66 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 52.00 FEET, A RADIAL TO SAID POINT BEARING SOUTH 68*47•'309 EAST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 35*18101" 32.04 FEET, MORE OR LESS, TO THE TRUE POINT OF BEGINNING. SEE EZSIBIT "B" (ATTACHED AND MADE A PART HERETO) PREPARED BY: NO.24668 F er DUCA-MCCOY, INC. 3840 E. COAST HWY. :ifi Exp.IL-IL-7 CORONA DEL MAR, CA. 92625 ) 675-4487 �lqr Gl��►; P TE J. DU R.C.E. 24668 K I 20. ;20:00" !U-1 - O 7 MIS • o n to Z, P. M. r PgRC�L A" P. M. 13. N 50.22' 20.'W 105.92' ' 113 u 85 - 25`1 05.22'20'W 4.57' 21$'!/ 5 — G' / N 50. 22' 20-W 33.22' N 15.56.51'E N 50.22' 20'W 133.23' N 50.22.20•W ' �� �Q �Paf3. PCL We �, ��� 24..21 Roe,; P 00 'cp to 0 SSti•61 •� �+ 3/C • •�ti0a1 \ . q"!�•1 9 N 50.22 •20'W ? - ( 79. 76 ') /sag 6 6ti � � • �0 PREPARED BY: 9 DUCA-MCCOY INC J '1(E 599 SHE: 2 FOR oNLAR65MEti'1' .:;rod•:F . 0 • fd ••v, �. gj, p• . / 3 toy ; : - �( • 0 . y 1% �.�p\� PGPQ�9 CJ 9 ly �`_ _ � S�M�PG`� e1,0 • .. OF 3840 E. COAST ENY. �a�tf. J. D. COWN • DEL MpLR, CA. 92625 (7 ) 675-44 No.24668 E Exp j2- 1-117 PET J. DUC R.C.E. 24668 DATE N N 0502'2 20 W ��----Derio,rE5 LAND BVINGr 4.57 : i � CONVB1tED. • • 500 22�' 20 " W- N-- .33 .22 249.83 S N 1.5 ° 5 6 5 .. 'IWO 2 • `tip .\ ,,r . .� raddi or (30 O . \ .. . • •R.sA.R V` a o. w I \'' .. PREPAR�D BY. E:p O �K ,.•• •''••� DUCA-McCOY, .INC. ��qr CIVI �.,�►�� b 384A E. COAST HWY. �0 C►����© p .•� CORONA DEL MAR, CA. 92625�`'4=�''' • ��..••' �. PETE J. DUCA R.C.E. 24668 DATE C� , 0 Y W a i A c.� r v. W 20, A& IN Law Lot Lines l� t 4 00 61 1C.2 41 ^ i p vA 1 ' LEGAL DESCRIPTION. - PARCEL 1 OF PARCEL. 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