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HomeMy WebLinkAbout00 - Engineer's ReportPEE PORT The City Engineer of the City of Newport Beach, California, pursuant to the instructions of the City Council of said City, hereby makes and files the following report and recornmendations . 1. That the general nature, location and extent of the proposed improvement for the grading, paving, construc- tion of cement curb, sanitary sewers, water main, fire hydrants, drainage structures, wood guard rail and appurtenant work in a portion of Ocean Boulevard (Corona Del liar) and easements, and the boundaries of the district or lands to be specially assessed to pay the cost thereof, are each shown upon the map filed vrith this report, consisting of one (1) sheet, and by this reference made a part of this report. 2,. That the entire cost of said proposed improve- ment shall be assessed against the lands to be benefited thereby and herein described 3. That the proposed improvements shall be made under the provisions of the "Improvement Act of 19111t, being Division 7 of the Streets and Highways Code of the State of California. 4, That it is hereby determined that serial bonds to represent unpaid assessments and bearing interest at the rate of six per cent (6%) per annum shall be issued to represent each assessment of Twenty-five Dollars ($25.00) or more remaining unpaid for thirty (30) days after the date of the warrant, Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next - 1 - October 15th following their date, the said bonds to be issued under the provisions of the said "Improvement Act of 191111, being Division 7 of said Streets and Highways Code, 5. That the assessmd values shown herein are based on the last equalized county assessment roll of the County of Orange, California. 6. That the estimated cost of the proposed improvements is as follows: Estimd.ted amount of construction (See Exhibit "A") 31,325.00 Estimated amount of Incidental Expenses . . . . . . . . . . . . . . 3,759.00 Total estimated cost of proposed improvement to be met by special assessment upon benefited property . . . . . . . . . . . . 35,084..00 . Total assessed value of land in the district . . . S 93,640.00 Total true value of said lands . . . . . . . . . . 187,280.00 Total assessed value of improvements on said lands 74,74o.00 Total estimated amount of direct benefit assessments outstanding . 958.99 Total estimated amount of advalorem assessments . None Total estimated amount of the assessment for the proposed improvement to be levied . . . . . . . . . 35,084*00 -- 2 - Pursuant to the exceptions under Section 2805 of said "Special Assessment Investigation, Limitation and Majority Protest Act of 19311t, the limitations set up in said Act are not affected by outstanding bonds heretofore issued by said City of Newport Beach, where such bond obligations have been authorized by vote of a majority or two-thirds of the qualified electors of said City. On the following page, in the column headed "Parcel Number", is shown the number of each parcel of land in the district to be assessed, corresponding to the parcel numbers shown in red ink on the map consisting of one sheet, filed with and as a part of this report.. - 3 - EXHIBIT rtAa EST1h1kTED COST FOR THE CONSTRUCTION OF THE OCEAN BOULEVARD ACCESS ROAD Item 1. Earthwork 45,036 cu. yards @ $0.25 $ 1132.59.00 2. Catch basins and drainage appurtenances 1j500.O0 3. Plant —mixed surfacing 28,560 sq. ft. @ $0.10 2,856.00 4. P. C. C. Curb 1,540 lin. ft. @ $1.50 25310.00 5, Sewer lire and appurtenances 4,000.00 6. Water line and appurtenances 61000,00 7. Slope protection 1,000.00 8. Guard fence 1,600 ft. @ $1.50 2,400s00 TOTAL CONSTRUCTION COST S 31,325.00 INCIDENTAL EXPENSES 12% 3:759.00 T 0 T A L $ 353084.00 - 4 - 111 THE NATTER OF DU ROVEIUENT OF PORTION OF OCEAN BOULEVARD AFFIDAVIT OF MAILING NOTICES STATE OF CALIFORNIk SS COUNTY OF ORANGE C. K. Priest, being first duly sworn, deposes and says: That he is now and, at all times herein mentioned, was the duly appointed, qualified and acting City Clerk of the City of Newport Beach, California; That, pursuant to statute, "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of Cali- fornia, and the order of the City Council of said City, he deposited in the United States mail, with postage prepaid, a Notice, copy of which is attached hereto, addressed to each person to whom land proposed to be assessed in the above named proceedings, is assessed on the last equalized assessment roll of the County of Orange, California, at said persons address as shown on such roll and also such a notice addressed to each person whether owning in fee or having a lien upon the legal or equitable interest in any lands proposed to be assessed, who has filed his or her name and address and the description of the lands in which he or she is interested, with the City Clerk of said City; the said notices having been prepared under the form prescribed by Section 2852 of the above mentioned Code; and each of said notices so mailed showed the estimated amount of the proposed assessment upon the lands for the proposed assessment upon the lands for the proposed improvement; and the said notices were deposited in the United States Post Office, at the City of Newport Beach, California, on the day of January, 1950. e ZL�p �_ K.-Priest Subscribed and smDrn to before me this _,) y day of 1950. U No sy Public in"h 'for the -County of Orange, State of California My commission ev;res Jan. 28, 1952 NOTICE IS HEREBY GIVEN that land owned by you or in which you are interested is proposed to be assessed for the proposed grading, paving, construction of cement curb, sanitary sewers, water main, fire hydrants, drainage structures, wood guard rail and appurtenant work in a portion of Ocean Boulevard (Corona Del Mar) and easements. The estimated cost of the improvement above mentioned, is . . . . . . . . The assessed value of the lands within the district, is •. . . . . . o The estimated true value of lands within the district, is . . . . . . . . The estimated total amount of assessments upon lands to be assessed for acquisition and/or improvements done or heretofore ordered, is . The estimated amount of the proposed assessment upon your lands for the proposed improvement mentioned above, is . . . . . . . . . . . The estimated amount of the proposed assessment is approximate only, is based upon the estimated cost above stated, and is not to be deemed the actual amount which will be assessed. The amount of money to be contributed towards the project by the City of Newport Beach is the sum of . . . . . . . . . . A hearing will be held in the Council Chamber of the City Council of the City of Newport Beach on the `t " `' day of F-:rw .:.-r , 1950, at the hour of seven -thirty o'clock (7:30) P,M., at which time and place all protests and objections will be heard. The proceeding for said improvement is proposed to be conducted under the "Improvement Act of 191111, Division 7 of the Streets: and Highways Code of the State of California. A report on the proposed project is on file in the office of the City Clerk of the City of Newport Beach, Calif crnia, and is open to public inspection, $ 35,o84.00 93,64o,00 187,280,00 958.99 IN REPLY, PLEASE REFER TO PARCEL NOS . . . . . . . . . . . . . . . . . . . . . None C. K. Priest City Clerk of the City of Newport Beach, California I HEREBY CERTIFY that the within report was presented to the City Council of the City of Newport Beach, California, at its meeting held on the / r' day of C/< K. ✓u-r�x , 1950, and that said report was on said day filed with the City Clerk of said City and Ex_-officio Clerk of the City Council of said City, and Monday, the c27rk day of FeLz Llali.y , 1950, at the hour of seven -thirty o'clock (700) P.M. was the day and hour and the Council chamber of said City Council was the place fixed by said City Council when and where any and all persons may appear before said City Council and be heard on any of the matters pertaining to said report. City Clerk and Ex-officio Clerk of the Council of the City of Newport Beach, California. CITY OF NEWPORT BEACH, CALIFORNIA INVESTIGATION REPORT Pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 193111, being Part 2, Division 4 of the Streets and Highways Code of the State of California, and in accordance with an order of the City Council of the City of Newport Beach, California, adopted on the 1st day of December, 1949, I beg to submit herewith the following information and report. Dated; January cJ A , 19500 ed to prepare re -port. 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 awU 25 26 27 29 30 31 32 ALTERNATE "A" DECLARATION COiXERiUiZ RESTRICTIOiiS THIS DECLARATIOii, made this day of , 1950, by the parties hereto whose respective names are set out below. opposite the legal description of the real property owned by each, said parties being here— inafter called "Declarants": WITNE SSETH: WHEREAS, Deelexants are the respective owners of the real property situate in the City of Newport Beach, County of Orange, State of California and legally described as set out opposite their nacres below; and WHEREAS, the City of Newport Beach proposes to construct a ,^oad to furnish access to Deolarantst said real property hereinafter described; and WHEREAS, it is proposed by Declarants to construct and erect various structureson their said respective properties in a manner which will not inter— fere with the view of the ocean from the property lying in a general northeaster: direction from the properties of Declarants; NOW, THEREFORE, Declarants, each for his own property, do hereby declare and impose for the direct benefit of Lots 1, 2, 3, and 4 in Block 138; and Lots 19 2, 3, 4, 59 6, 7 and 8 in Block 139; and Lots 1, 2, 39 49 59 69 71 and 8 in Block 140; and Lots 19 2, 39 4, 59 6, 7 and 8 in Block 141; and Lots 1, 2, 3, 4, 5, 6, 7 and 8 in Block 142; all in Resubdivision of Corona del Mar, as per Map recorded in Book 4, page 67 of Miscellaneous Maps, Records of said Orange County, State of California, in the County of Orange, State of California, for the benefit of each and every owner of said above described property, his heirs, devisees, executors, administrators, personal representatives, successors and assigns and for the benefit of all others hereafter acquiring title to said lots, and each of them, as a general plan for the use and occupancy of and improvement on the lots of the Declarants as hereinafter set out, and each of them, those certain donditions, provisions, covenants, and restrictions hereinafter expressed, which, insofar as they are made applicable to each and every one of said hereinafter described lots, (a) shall apply to and bind each of the {Declarants as and while the owner of each 1 2 3 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 29 30 31 32 or any of said hereinafter described lots, and also each and every future owner of each, every and any of said lots, (b) shall inure to the benefit of each and every present owner of the above described real property and to the benefit of every future owner of each, every or any of the said above described real property, (c) shall run with and be binding upon the hereinafter described lots, and each and every one of them, and (d) may be enforced by the present and future owners of each, every or any of the said above described real property, and said hereinafter described lots shall be held and conveyed upon and subject to, the conditions, provisions, covenants and restrictions herein set forth. Said covenants, conditions, restrictions and provisions hereby imposed on the hereinafter described lots are as follows, to wit: (1) The highest point of any structure hereafter erected, altered, placed or permitted to remain on any of the hereinafter described lots shall not be or remain at an altitude which is higher than the top of the lowest present existing southwesterly curb line of Ocean Boulevard adjacent to the lot of each Declarant. (2) The provisions hereof are to run with the land and shall be binding on all parties and all persons who now own or in the future may own the hereinafter described lots for a period of twenty—five (25) years from the date that this instrument is recorded, after which time the provisions hereof shall be automatically extended for successive periods of ten (10) years, unless an instrument signed by the owners of a majority in number of the lots constituting the hereinabove described property has been recorded, agreeing to change or terminate the provisions hereof in whole or in part. (3) A breach or violation of any of the provisions hereof or the continuing of any such violation may be enjoined, abated, or remedied by any of present or future owners of the hereinabove described real property; providing that the failure by any owner or owners, present or future, of any of the above described real property, to enforce any of the provisions hereof shall in no event be deemed a waiver of the right so to do thereafter. (4) Invalidation of any one of the provisions hereof by judgment or court order shall in no wise affect any of the other provisions hereof, which —2�. 2 3 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 29 30 31 32 Yhall thereafter f o rce. ai,.c� cf cc,, (5) The breach of any of the said covenants, conditions, restrictic and provisions hereof, shall not defeat or render invalid the lien of any - mortgage or deed of trust made in good faith and for value as to the herein- after described lots, or any part thereof, but such covena:ats, restrictions or provisions shall be binding and effective against any owner of any of said hereinafter described lots whose title thereto is acquired by foreclosure, trustee's sale or otherwise. IN WITNESS 16=0F each Declarant has hereunto set. his land. .ai seal as of the day and year set opposite his respective name, below. Owner of the southeasterly one-half of Lot 13 and the Northwesterly one-half of Lot 14, Tract 1026, as per map recorded in Miscellaneous Map Book 33, pages 37 and 38, records of Orange County, State of California STATE ONE CALLYORNIA ) ) ss COUNTY OF ORANGE ) On this day of , 1950, before me, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name foregoing instrument and acknowledged to me that Witness my hand and official seal. subscribed to the executed the same. Notary Public in and for said Covz ty ?w::ii. State 1 2 3 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 29 30 31 32 U Owners of the southeasterly /one, -'half of Lot 14 and the northwesterly one-half of Lot 15, Tract 1026 as tier map recorded in Miscellaneous Map Book 33, pages 37 and 38, records of Orange County, State of Calif- ornia STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this ;q,/,day of � � ,� 1050, before me, Notary Public in and. for said County and State, personally appeared G known to me to be the persons :,those name subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and State 'a:,. 15, 1952 Owner-_ of the southeasterly ovfe-Yialf of Lot 15 and the northwesterly one-half of Lot 16, Tract 1026, as per map recorded in Miscellaneous Map Book 33, pages 37 and 38, records of Orange County, State of Calif- ornia. STATE OF CALIFORNIA ) } ss COUNTY OF ORANGE ) On this '7 day of , 1950, before me, a Notar Public in and for said County and State, personally appeared77-17 knoi,m to me to be the personhose name,1 _ subscribed to the foregoing instrument and acknowledged to me that --executed the same. Witness my hand and official seal. �7 .�� i __ _ Notary Public in and for said County and State 1 2 3 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 29 30 31 32 " c f Owners of Vie southeasterly ene!half of Lot 16 and all of Lot 17, Tract 1026, as per map recorded in Miscellaneous Map Book 33, pages 37 and 38, records Of Orange County, State of California. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this day of k, 1950, before me, a Notary Pu is in and for said County and State, personally appeared /��.� i�� / �/—-vzy,, /cam-���� _• known to me to be the persons whose names ate% subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hard and official seal Notary Public in and for said County and State (TRACT 1257) Owners of Lot 1, Tract 1257, as r map recorded in Miscellaneous Map Book 38, page 2 , records of Orange County, State of California STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this "Zday of 19,Q, before me, a Nota�blic in and for said County and State, personally appearedY�r,� known to me to be the person s whose name 5 subscribed to the foregoing; instrument and acknowledged to me that executed the same. Witness my hand and f official ,peal. Ac - � Notary Public in and for said County and State My C ; ,,; aion 1--Tires Ian. 15, 195� 1 2 3 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 29 30 31 32 Owner of Lot 2, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California, STATE OF CALIFORNIA ) ) 5$ COUNTY OF ORANGE > On this Ls y oftNot , 1950, before me, . �'- )�� , a y Public in and. for said County and State, personally appeared 4f - -r - / known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal STATE OF CALIFORNIA ) COUNTY OF ORANGE ) Notary Public in and for said Covzt;y any?. State Owner, of Lot 3, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Oraa-,�z,:e County, State of California ss On this )1S2V, day of _, 1950, before me, a Notary P is in and for said County and State, personally appeared known to me to be the person whose name subscribed to the foregoing instrument and acknoi;aled.ged to ze that executed the same. Witness my hand and official seal — Notary Public in andsf or said County and State 1 2 3 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 29 30 31 32 Owner-5 of Lot 4, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) se COUNTY OF ORANGE ) On thisof , 1950, before me, a Notary blic in and for said County and State, personally appear known to me to be 61e person whose name is . 2 subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and State ,V!y ... , Jan. 15, 19E Owners of Lot 5, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of ©range County, State of California STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this _,"day of " , 1950, before me, . a Notary- iLic in and for said County and State, personally appeared known to me to be the person_S whose name S subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and= official seal. ��o--� Notary Public in and. for said Cov:.ty and State 2 3 4 IA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a Owner_ of Lot 6, Tract 1257,-as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this !��day of 1950, before me a Npt y Public in and for said County and State personally appeared �� l known to me to be the person se name cribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and �_- o f f i c i a1 s e al..�.�an�d�_ Notary Public in and for said County State My r'ornm;:eion Expires Jan. 15, :952 N Owners of Lot 7, Tract 1257, s er map recorded. in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALI�URNIA ) ) ss COUNTY OF ORANGE ) On this �--,�day of 1950, before me a Notary lic in and for said County and State , personally appeared' known to me to be the person-5 whose names subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official / seal. Notary Public in and for said Bounty and State 11 2 3 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 29 30 31 32 Owners of Lot 8, Tract 1257, s er map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA ) ) ss COUiZY OF ORA"GE ) On this Z.— day of 1950, before me a No y Public in and for said County, and State, personally appeared known to me to be the persons whose name----s- subscribed to the foregoing instrument and acknowledged to me that executed the same. Notary Public in and for said County and State Witness my hand and " official seal. Owner.';of Lot 12, Tract 1257, as per map recorded ih Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA ) �s COUtiTY OF OR"GTE ) 0 this day of 1950, before me 1!117- a Notary Public in and for said County and State, personally appeared L z-,Ze �� known to me to be the persons whose name S subscribed to the foregoing instrument and acknowledged t me that e cu ed the ft me. Witness my hand and official seal. Not&fY- Public in and for said County and State 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 am 29 30 31 32 Owner of Lots 9, 10 and 11, Tract 1257, as per Map recorded in Miscellaneous Map Book 38, Page 25, Records of Orange County, State of California STATE OF CALIFORNIA) ) ss COUNTY OF ORANGE ) On this day of , 1950, before me, , a Notary Public in and for said County and State, personally appeared known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and State i 2 I 3'i 4 5 6 7 8 9 10 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Owner S of Lots 13, 14, and 15, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25 records of Orange County, State of California STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On this l?.eZday of • 1950, before me a Not y Public in and for said County and State, personally appeared��, known to me to be the person � whose name ^� _subscribed. to the fore6o_ng instrument and acknowledged to me that executed the same. Notary Public in and for said County and State Witness my hand and MY Commission Expires Jan. 15, 1`�$' official seal M 2 3 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 29 30 31 32 Owner of - A parcel of land sit a in Orange County, California, being a portion of Block "A", Corona del Max, said Tract is laid out and shown upon a map in Miscellaneous Maps, Book 3, Pages 4.1 and 42, Records of said Orange County, more particularly described as follows, to -wit: Beginning at the most easterly corner of Lot 15, Tract No. 1257, Recorded in Miscellaneous Maps, Book 38, Page 25, Records of said Orange County: thence southeasterly along the southwesterly line of Ocean Boulevard, as shown upon said Tract of Corona del Mar a distance of 150 feet: thence southwesterly, parallel to the southeasterly line of said Lot 15, Tract No. 1257, to the High Tide Line of the Pacific Ocean: thence northwesterly along said High Tide Line to said Lot 15: thence northeasterly along said southeasterly line to the point of beginning. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this �ay o 1950, before me -a tary Public in and for said County and State, personally appeared/�- known to me to be the persons whose names subscribed to the foregoing instrument and acknowledged to me that ,executed the same. Witness my hand and official seal. 7 J--��____� Notary Public in and said County and State. L ARKS.7,UR I /OI /Z /41 /6 /B 2oI ZZ 241?6 i zz Z 1VAV C/SSU S Fro 1, v SE 7-7-/,9 A VE. As/t .. AV,E. AVE. AVE. A VE A VIE- 1 2 3 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 29 30 31 32 ALTERNATE 11B it DECLARATION CONCERNING RESTRICTIONS THIS DEC"RATION, made this day of , 1950, by the parties hereto whose respective names are set out below opposite the legal description of the real property owned by each, said parties being here- inafter called "Declarants": W I T N E S S E T H: WHEREAS, Declarants are the respective owners of the real property situate in the City of Newport Beach, County of Orange, State of California and legally described as set out opposite their names below; and WHEREAS, the City of Newport Beach proposes to construct a road to furnish access to Declarants' said real property hereinafter described; and WHEREAS, it is proposed by Declarants to construct and erect various structures on their said respective properties in a manner which will not interfere with the view of the ocean from the property lying in a general northeasterly direction from the properties of Declarants: NOW, THEREFORE, Declarants, each for his own property, do hereby declare and impose for the direct benefit of Lots 1, 2, and Southeasterly 20 feet of Lot 3 in Block 138; and Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 139; and Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 140; and Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 141: and Lots 1, 2, 3, 4, 5, 6, 7, and 8 in Block 142; all in Re -subdivision of Corona del Mar, as per map recorded in Book 4, Page 67 of Miscellaneous Maps, Records of said Orange County, State of California, in the County of Orange, State of California, for the benefit of each and every owner of said above described property, his heirs, devisees, executors, administrators, personal representatives, successors and assigns and for the benefit of all others hereafter acquiring title to said lots, and each of them,as a general plan, for the use and occupancy of and improvement on the lots of the Declarant as hereinafter set out, and each of them, those certain conditions, provisions, covenants, and restrictions hereinafter expressed, which, insofar as they are made applicable to each and every one of said hereinafter described lots, (a) shall apply to and bind each of the Declarants as and while the owner of each -1- 1 2 3' 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 or any of said hereinafter described lots, and also each and every future owner of each, every and any of said lots, (b) shall inure to the benefit of each and every present owner of the above described real property and to the benefit of every future owner of each, every or any of the said above described real property, (c) shall run with and be binding upon the hereinafter described lots, and each and every one of them, and (d) may be enforced by the present and future owners of each, every or any of the said above described real property, and said hereinafter described lots shall be held and conveyed upon and subject to, the conditions, provisions, covenants and restrictions herein set forth. Said covenants, conditions, restrictions and provisions hereby imposed on the hereinafter described lots are as follows, to wit: (1) The highest point of any structure hereafter erected, altered, placed or permitted to remain on any of the hereinafter described lots shall not be or remain at an altitude which is higher than the top of the lowest present existing southwesterly curb line of Ocean Boulevard adjacent to the lot of each Declarant. (2) The provisions hereof are to run with the land and shall be binding on all parties and all persons who now own or in the future may own the hereinafter described lots for a period of twenty-five (25) years from the date that this instrument is recorded, after which time the provisions hereof shall be automatically extended for successive periods of ten (10) years, unless and instrument signed by the owners of a majority in number of the lots constituting the hereinabove described property has been recorded, agreeing to change or terminate the provisions hereof in whole or in part. (3) A breach or violation of any of the provisions hereof or the continuing of any such violation may enjoined, abated, or remedied by any of the present or future owners of the hereinabove described real property; providing that the failure by any owner or owners, present or future, of any of the above described real property, to enforce any of the provisions hereof shall in no event be deemed a waiver of the right so to do thereafter. (4) Invalidation of any one of the provisions hereof by judgment or court order shall in._.no. wise affect any of the other provisions hereof, MOM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Un 23 24 25 26 27 28 29 30 31 32 which shall thereafter remain in full force and effect. (5) The breach of any of the said covenants, conditions, restrict- ions and provisions hereof, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to the herein- after described lots, or any part thereof, but such covenants, conditions, restrictions or provisions shall be binding and effective against any owner of any of said hereinafter described lots whose title thereto is acquired by foreclosure, trustee's sale or otherwise. IN WITNESS WHEREOF each Declarant has hereunto set his hand and seal as of the day and year set opposite his respective name, below. 0 Owner5 of the southeasterly one4half of Lot 14 and the northwesterly one-half of Lot 15, Tract 1026 as per map recorded in Miscellaneous Map Book 33, pages 37 and 38, records of Orange County, State of California STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this Z day o 1950, before me, a Notary Public in and for said County and State, personally appeared Known to me to be the person 5 whose name -s subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and Official Seal otary Public in and for said County and State ��n 1,7,u4• , �-r; 1 2 3 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 29 30 31 i 32 I Owners of the southeasterly olieZhalf of Lot 15 and the northwesterly one-half of Lot 16, Tract 1026 as per map recorded in Miscellaneous Map, Book 33, pages 37 and 38, records of Orange County, State of Calif- ornia STATE OF CALIFORNIA ) ss COUNTY OF ORANGE On this _zw�ay of , 1950, before me, a axy Public in and for said County and State, personally appeared known to me to be the person 5 whose names subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and State hfy commission Lki;i,es Jan. 15, 1952 Owners, of the southeasterly orA-Yfalf of Lot 16, and all of Lot 17, Tract 1026, as per map recorded in Miscellaneous Map Book 33, pages 37 and 38, records of Orange County, State of California STATE OF CALIMI RNTIA ss COUNTY OF ORANGE ) On this a2Z day of , 1950, before me, -)L a Notary lic in and for said County and State, personally appeared D„ a%a known to me to be the persons whose name-5 subscribed to the foregoing instrument and acknowledged to me that „executed the same. Witness my hand.seal. L� �� J official seal. � Notary Public in and for said County and State 1�.y 1 (TRACT 1257) Ij 2 3 j 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Owners of Lot 1, Tract 12S7, as her map recorded in Miscellaneous Map Book 38, Page 25, records of Orange County, State of California STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this /,�dv of 1950, before me, .- �- , a Notarywic in and for said County and State, personally known to me to be the person`5 whose name -5 a o subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and / official seal Notary Public in and for said County and State Owner of Lot 2, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) 24 On this ys�day of , 1950, before me, 25 a Notary lic in and for said County and State, 26 personally appeared 27 28 29 30 31 32 known to me to be the person whose name subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and � official seal. Notary Public in and for said County and State ''v Commission i_ r. .. 2 3 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 29 30 31 32 Owner of Lot 3, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this �LVday of _, 1950, before me, _ 71,,= 2 , a Notaryjublic in and for said County and State, personally appeared J 61— — / known to me to be the person_ whose name A subscribed to the foregoing instrument and acknowledged to me that xecuted the same. Witness my hand and c� official seal. Notary Public in and for said County and State "- C')mmission L Owners of Lot 4, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this �i.3V-&ay of , 1950, before me, a Notary 4lic in and for said County and State, 1, _ U personally appeare known to me to be t e persons whose name-5 subscribed to the foregoing instrument and acknowledged to me thatexecuted. the sane. Witness my hand and official seal. Notary Public in and. for said Co-an.ty ar0. Ste,te 1 2 3 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 29 30 31 32 Owners of Lot 5, Tract 1257, as per map recorded in Miscellaneous crap Book 38, Page 25, records of Orange County, State of California. STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On this . — day of _, 1950, before me, a Not Public in and for said County and State, personally appeared known to me to be the persons whose name -s �ac_� subscribed to the foregoing instrument and acknowledged to me that executed the same. �l Witness my hand and Official Seal. .. E-- � / - Rotary Public in and for said County and —State Owner of Lot 6, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) as COUNTY OF ORANGE ) On this 4"�'day of wee, 1950, before me, a Not ' Public in and for said County and State, personally appeared ��! known to me to be the person w}Yose name a subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and State o r I,cs fan. 15, "95^c 1 2 3 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 29 30 31 32 Owner§ of Lot 7, Tract 1257, ads fDer map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA j ss COUNTY OF ORANGE ) On this Way of �, 1950, before me _ �•�� - ,2 ,__ a Notar ublic in and for said County and State, personally appeared known to me to be the person:-5 whose name,- ,7-, p subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal. Notary Public in and for said County and St, e Owner S of Lot 8, Tract 1257, a p r map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California. STATE OF CALIFORNIA ss COUNTY OF ORANGE ) On this 1*day of , 1950, before me, a Notary tic in and for said Ceixr_ty and! State, personally appeared known to me to be the persons whose name-S subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and official seal., Notary Public in and for said County an(;. State 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 tM 29 30 31 32 Owners of Lot 12, Tract 12S7, as per map rec,OrCte L in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE A-wz On his of — -_——. a Not 1950, before me, s��� lic in and for said County and Stat personally appeared /�� l„ 624 known to me to be the person I whose name, subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and Official Seal. N y Public in and for said CountyY and State Owner of Lots 13, 14+, and 15, Tract 1257, as per map recorded in Miscellaneous Map Book 38, page 25, records of Orange County, State of California STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On this 2$�- day of .=�,�, 1950, before me a Notary blic in and for said County and State, personally appeared known to me to be the person.,W,/whose name _ subscribed to the foregoing instrument and acknowledged to me that executed the same. Witness my hand and Official Seal. C Notary Public in and for said Cotuity ancI State 2 + �A,ay L'om�i. ior. L;ni�-F, Jan. 1 1'J5� 2 3 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 29 30 31 32 i Owner. of - A parcel of land git'uate in Orange County, California, being a portion of- Block "A", Corona del Mar, said Tract is laid out and shown upon a map in Miscellaneous Maps, Book 3, Pages 41 and 42, Records of said Orange County, more particularly described as follows, to -wit: Beginning at the most easterly corner of Lot 15, Tract No. 1257, Recorded in Miscellaneous Maps Book 38, Page 25, Records of said Orange County: thence southeasterly along the southwesterly line of Ocean Boulevard, as shown upon said Tract of Corona del Max a distance of 150 feet: thence southwesterly parallel to the southeasterly line of said Lot 15, Tract No. 1257, to the High Tide Line of the Pacific Ocean: thence northwesterly along said High Tide Line to said Lot 15: thence northeasterly along said southeasterly line to the point of beginning. STATE OF CALIFORNIA ) ss COUNTY OF ORANGE�- ) On this /_ of 1950, before me Notary Public in and for said County and State, personally appeared -4- D known to me to be the perso��vdhose name,/ subscribed to the foregoing instrument and acknowledged to me that executed the same. Notary Public in and for said County and State witness my hand and official seal. M Z 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "M 20 21 22 23 24 25 26 27 28 29 30 31 32 Owner S of Lots 5, 10-and 11, Tract 1257, as per Map recorded in Miscellaneous Map Book 38, Page 25, Records of Orange County, State of California STATE OF CALIFORNIA ) ss COUNTY OF ORANGE ) On this day of� 1951, before me a Notary Public in and for said County and State, personally appeared i fd'z e:�! known to me to be the person, --whose name g xL subscribed to the foregoing instrument and acknowledged to me that executed the same, Witness my hand and official seal C�. 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