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HomeMy WebLinkAboutCC RESO 10,377RESOLUTION NO. 10,377 RESOLUTION GRANTING A RESIDENTIAL PLANNED DEVELOPMENT PERMIT PURSUANT TO ORDINANCE NO. 107.7 (Seawind Greens Subdivision) The City Council of the City of National City, Cali- fornia does hereby find, determine, order and resolve as follows: 1. At a regular meeting of the City Planning Comm- ission on November 9, 1970, said Commission adopted a recommen- dation that the owners of the real property known as Seawind Greens Subdivision, which is more particularly described as: Lots 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, 33, 34, 35 of SEAWIND GREENS, in the City of National City, County of San Diego, State of California, according to Map thereof No. 6901, filed in the Office of the County Recorder of San Diego County on the 16th Day of April, 1971, be granted a Residential Planned Development Permit upon the conditions hereinafter stated. 2. That the City Council has received the recommen- dation of the Planning Commission, and after full and complete con- sideration of said recommendation hereby grants a Residential Planned Development Permit to construct a 34 unit "townhouse" development, upon a previously approved (Tentative Map) 3.76 acre 35 lot subdivision known as Seawind Greens Subdivision, which is located within a Residential Planned Development Zone, subject to the following terms and conditions: A. Incorporation of non-profit owners association. Prior to the sale of lots in the real property known as "Seawind Greens" the owner shall cause to be incorporated a non-profit corporation under the laws of the State of California, to be known as the "Seawind Greens Property Owners Association Incorporated". Said incorporation shall be pursuant to the Articles of Incorpo- ration and By -Laws approved by the City Attorney of the City of National City, which Articles of Incorporation are marked as "Sea - wind Greens Exhibit 'A'" and which By -Laws are marked as "Seawind Greens Exhibit 'B "', both of which documents are on file in the office of the City Clerk of the City of National City, marked Documents No. 45498 and 45499. B. Exhibit "C", Declaration of Covenants, conditions and restrictions. (1) Said declaration shall be approved as to form and content by the City Attorney of the City of National City. (2) Subject to the conditions as stated in Exhibit "C" attached hereto and hereby incorp- orated by reference as though set forth in full. (3) Said documents shall be filed and recorded with the Office of the San Diego County Recorder within a period of time not to exceed thirty (30) days from date of City Council approval of Reso- lution granting Residential Planned Unit Develop- ment Permit 29. C. Exhibit "D", Resolution No. 10,183, of the City Council approving tentative Map, Seawind Greens Subdivision. (1) Compliance with all conditions as stated in Exhibit "D" attached hereto and hereby incorpo- rated by reference as though set forth in full. D. Prior to the issuance of a grading and/or build- ing permit the developer shall: (1) Enter into an agreement with the City, where- by in consideration of approval by the City of the Planned Residential Unit Development, the developer agrees to complete the installation of all improve- ments and other work required by the City in accor- dance with the approved plans, or an approved unit thereof. (2) To assure the City that this work will be completed and lien holders paid, the developers shall furnish the City with either: a. A bond guaranteeing faithful perform- ance of the agreement and guaranteeing payment for labor and materials. Or/ b. A trust agreement evidencing that the estimated cost of the work or improvements has been deposited with an approved trustee. (3) The amount of such bond orcash deposited shall be determined by. the City Engineer and approved by the City Council as to amount and adequacy. E. Property line separation wall shall have a fire resistant rating of two hours- masonry. F. No through penetration of separation wall shall be allowed. G. Separation wall shall extend continuously from foundation to roof sheathing. H. One hour fire resistive protection shall be provided on the underside of roof sheathing for a distance of five feet, zero inches, each side Of the separation wall. I. Protect ends of two hour walls, one hour equal to any depth of any projecting elements. J. Plumbing, water and electrical systems shall not be interconnected. Each unit shall maintain its individ- ual sewer connection, water meter and electrical meter. K.. .All recreational facilities located on Lot 35, including children's play apparatus, picnic equipment, etc., shall be maintained in a safe condition at all times. L. Excepting Lots 31 and/through34 vehicular access shall be prohibited on Euclid Avenue. M. Construction shall commence within 180 days after the date of the resolution adopted by the City Council granting Residential Planned Unit Development Permit No.. 29. (1) Entire facility shall be constructed simul- taneously so that the project as a whole when constructed is complete and all landscaping installed, shall be ready for occupancy. (2). Said construction shall be completed approxi- mately 18 months from the date of the resolution of .the City Council granting Residential Planned United Development Permit No.. 29 N. An attached,. enclosed garage .shall be constructed simultaneously with each dwelling unit. Said garage shall maintain a 20 foot by.20.foot .area for automobile storage, having a minimum entrance width of 16 feet. 0. All garages opening upon a dedicated street or alley shall maintain a minimum distance of 20 feet from the rear edge of the sidewalk to the garage front. Permanent parking within said area shall be prohibited. Permanent or temporary parking of boats, trailers, or other recreational vehicles within the front yard setback shall be prohibited. A minimum distance of 20 feet shall be maintained from prop- erty line to garage front on the alley and Euclid Avenue. (1) Alldriveways shall be constructed of concrete and poured contiguously unless the separation between drives are landscaped and encompassed by blockwork or a berm. P. A landscape plan shall be submitted to and ap- proved by the Director of Parks and Recreation, and shall provide: (1) That all slopes are planted and landscaped with adequate coverage so as to prevent eros.on and bare spots. (2) That the areas of parkways not included within the sidewalk or driveway are planted and maintained with .ivy, grass or other approved ground covering. (3) That one treeapproved as to size and specie shall be planted and maintained between the property line and main building within the yard area frontingupon a dedicated street. (4) That two trees approved as to size and specie shall be planted and maintained between the prop- erty line and the main building within the exter- ior side yards of lots 11, 16, 17, and 20.. (5) All fencing used on Euclid Avenue shall pro- vide adequate gates not to exceed nine feet (9:') in width for access: :to parkway areas for main- tenance purposes. Vehicular .access shall be pro- hibited. Q. Adequate street lighting shall be provided by the installation of lumen mercury vapor ornamental street lights at the following locations: (1) On 14th Street at the intersection with Orange Avenue and at the propertY line divid- ing lots 18 and 19. (7,000. lumen mercury vapor) (2). On Orange Avenue at the property lines dividing Lots 4 and 5, 10 and 11. (7,000 lumen mercury vapor) (3) Within the area of the a11Py at the rear propertY line of Lot 16 and the property divi- ding line between Lots 28 and 29. (Wattage of lumen mercury vapor to be determined by L. D. Weinmeister, Street Lighting Coordinator, San Diego Gas and Electric Company. (4) On Euclid Avenue at the intersection of 16th Street. (2.0,000 lumen mercury vapor) R. In the event that the City of National City at any time finds and determines that the above conditions and restrictions as set forth have not and and are not satisfied, it may declare Residential Planned Unit Development Permit No. 29 null and void and of no further effect. Permitting the development to continue operation after the City of National City declares said permit null and void and of no further effect, shall constitute prima facie evidence of a violation of the Zoning Ordinance of the City of National City. S. In the event that there is any ambiguity in Resi- dential Planned Unit Development Permit No. 29 or in the plans as submitted by the applicant arising by virtue of later unapp- reciated events, the Planning Commission and City Council of the City of National City shall have authority to review this permit and to modify, clarify, or expand the terms thereof. By commencing work under this permit the applicant consents to the continuing jurisdiction of the Planning Commission and City Council of the City of National City to review his plans and project. PASSED AND ADOPTED this 6th day of July, 1971 ATTEST: MAYOR (Seawind Greens) EXHIBIT "C" DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WITNESSETH: THIS DECLARATION, made on the date hereinafter set forth by MACEY L. MCMILLIN JR. and VONNIE L. MCMILLIN, hereinafter referred to as "DEC- LARANT". HEREAS, Declarant is the Owner of certain property in the City of ational City, County of San Diego, State of California, which is more particularly described as: Lots 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, 33, 34, 35, of SEA WIND GREENS, in the City of National City, County of San Diego, State of California, according to Map thereof No.Cyo/ ,'filed in the Of- fice of the County Recorder of San Diego County on the 165 day of Gi2L- , 197 , NOW THEREFORE, Declarant hereby declares that all of the properties described above shall be held,sold and conveyed subject to the fol- lowing easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. WITNESSETH That the said Declarant does hereby certify and declare that it has established and does hereby establish the general plan 'for the protec- tion of all of said real property, and has fixed and does hereby fix the protective conditions and restrictions upon which and subject to which all of said real property shall be held, leased, sold and/or conveyed by said Declarant which conditions and restrictions are for the benefit of all said real property, and shall inure to and pass with all of said real property and each and every part thereof shall apply to and bind the respective successors in interest of the pre- sent Declarant thereof, as follows to -wit: PART A. RESIDENTIAL LOT COVENANTS A -1 LAND USE AND BUILDING TYPE. Each of Lots 1 through 34 inclu- ive shall constitute a residential unit and shall be used only for ingle family private residential purposes and no building other than one single, private first-class dwelling (with customary outbuildings, including garage) shall ever be erected, placed, permitted on any of said units. A -2 DWELLING SIZE. That no residence shall be placed, or permitted on any unit or portion thereof less than 1000 square feet. The area of an included used to make up the minimum floor area. A -3 NUISANCES. No noxious or offensive activity shall be carried on upon any unit, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. (1) erected, constructed, which shall contain garage shall not be (Seawind Greens) EXHIBIT "C A -4 LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any unit, except that dogs, cats, or other household pets, not to exceed two in the aggregate, may be kept provided that they are not kept, bred, or maintained for any commercial purpose. A -5 DRAINAGE. That each Owner of a unit in said tract will not in any way interfere with the established drainage pattern over his unit - from adjoining or other units in said tract, or that he will make adaquate p )visions for proper drainage in the event it is necessary to change the . e :ablished drainage over his unit. For the purposes thereof, "estab- - 1 ;hed° drainage is defined as the drainage which occured at the time , overall grading of said tract, including the landscaping of each. _unit in said tract, was completed by the undersigned Grantor. - PART B. RECREATIONAL AREA COVENANTS B -1 RECREATIONAL AREA. Lot 35 of said SEA WIND GREENS shall be developed, used and maintained only as open space and for recreational • facilities primarily for the use and benefit of the Owners of the resi- dential units of said SEA WIND GREENS, and each unit Owner shall by his purchase of one or more of the said units become a member of the SEA -WIND GREENS PROPERTY OWNERS ASSOCIATION, INC. B -2 INSURANCE. The Association shall keep the recreational facili _ties erected upon Lot 35 and all fixtures .and personal property thereon _:and any interest in any common wall, fence or common space insured for : the interest of all residential lot owners and their mortgagees, as ,their : interest may appear, in any amount which shall be equal to their maximum • insurable replacement value, against loss or damage by fire hazards • coveted uy a standard extended coverage endorsement, and shall likewise =-maintain public liability and property damage in an amount to. be deter- : -mined by the Board, but in no event shall bodily injury liability be less ::than $100,000.00 for each person, and $300,000.00 for each occurance, and :property damage liability for $.25,000.00. B -3 VACATION OR NON ACCEPTANCE OF 'STREET. In the event the street located within the subdivision boundaries is ever vacated as a public • street then said street shall become a part of the common area and shall bemaintained in like manner as said common area subject to all pro • visions contained herein. B -4 SEVERABILITY. It is further provided that a breach of any of • t; conditions contained herein shall not defeat or render invalid the • n of any Mortgage or Deed of Trust made in good faith and for value a to said premises or any part thereof; but said conditions shall be _ b:,,ding upon and effective against any Owner of. said premises whose title • thereto is acquired by foreclosure, Trustee's sale or otherwise. ARTICLE I DEFINITIONS SECTION 1. "Association" shall mean and refer to SEA WIND GREENS PROPERTY OWNERS ASSOCIATION, INC., its successors and assigns. (2) (Seawind Greens) EXHIBIT "C" one or more persons or entities, or a fee simple title to any Lot which is a part of the Properties, including contract sellers, but excluding those having such interest merely as security for the performance of an obligation. SECTION 3. "Properties" shall mean and refer to that certain real property hereinafore described, and such additions thereto as may here- after be brought within the jurisdiction of the Association. SECTION 4. "Common Area" shall mean all real property owned by the 4ssociation for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: The Park area and the Lot more particularly described as Lot 35, SEA WIND GREENS, SECTION 5. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Area. SECTION 6. "Declarant" shall mean and refer to Macey L. McMillin Jr., its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY RIGHTS SECTION I. Owners Easements of Enjoyment. Every Owner shall have right and easement. of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions. (a) the right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area; (b) the right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any eriod during which any assessment against his Lot remainsunpaid; nd for a period not to exceed 60 days for any infraction of its ,ublished rules and regulations; (c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded. SECTION 2. DELEGATION OF USE. Any Owner may delegate, in accordance with the By -Laws, his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside on the property. (3) (Seawind Greens) EXHIBIT "C" ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assess- ment. Section 2. The Association shall have two classes of voting member- ship: Class A. Class A members shall be all Owners with the exception f the Declarant and shall be entitled to one vote for each Lot owned. hen more than one person holds an interest in any Lot, all such persons hall be members. The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any Lot. Class B. The Class B Member(s) shall be the declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shail cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier: (a) when the total votes outstanding in the Class A membership equal the total votes outstanding in the Class B member- ship, or (b) on January 1, 1972. ARTICLE IV COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assess- ments. The Declarant, for each Lot owned within the properties, hereby covenants, and each owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressedinsuch deed, is deemed to covant and agree to pay to the Association: (1) annual assessments or charges, and (2) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, to gether with interest, costs, and reasonable attor-. ney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of sch property at the time when the assessment fell due. The personal bligation for delinquent assessments shall not pass to his successors in itle unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improv- ments and maintenance of the Common Area, and of the homes situated upon the Properties. Section 3. Maximum Annual Assessment. Until January 1, of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment shall be Ninety Dollars ($90.00) per Lot. (4) (Seawind Greens) EXHIBIT "C" 2 (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum assess- ment may be increased each year not more than 3% above the maximum. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assess- ment may be increased above 3% by a vote of two-thirds (2/3) of each glass of members in person or by proxy, at a meeting duly called for this irpose. (c) The Board of Directors may fix the annual assessment at an nount not in the excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the_purrose of defraying, in whole or in part, the cost of any construction repair or replacement of a capital improvement upon the Common Area, in- cluding fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of each Class of members in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent tc: all members not less than 30 days nor more than 60- days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (607) of all the votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceeding meeting. No such subsequent meeting shall be held more than 60 days following the preceeding meeting. Section 6. Uniform Rate of Assessment. Both annual and special as- sessments must be fixed at a uniform rate for all Lots and may be col- lected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shalll commence as to all Lots en the first day of the month following the conveyance of the Common Area. ie first annual assessment shall be adjusted according to the number of )nths remaining in the calendar year. The Board of Directors shall fix ie amount of the annual assessment against each Lot at least thirty (30) _.ays in advance of each annual assessment period. Written notice of the annual assessment shall be sent to ever! (honer subject thereto. The due dates shall he established by the Board of Directors. The Association shall upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assess- ments on a specified Lot have been paid. Section 8. Effect of Non -Payment of Assessments: Remidies of the Association. Any assessment not paid within thirty (30) days after the due date shall hear interest from the due date at the rate of 6 percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assess- ments provided for herein by non-use of the Common Area or abandonment of his Lot. (5) (Seawind Greens) EXHIBIT "C" Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assess- ment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof. ARTICLE V ARCHITECTURAL CONTROL No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addi- tion to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated com- mittee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VI GENERAL PROVISIONS Section 1. Enforcement. The Association, or any Owner, shall have the right to enforce by any proceeding at law or in equity, all restric- tions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect an other provisions which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this iclaration shall run with and bind the land for a term of twenty (20) cars from the date this Declaration is recorded, after which time they tall be automatically extended for successive periods of ten (10) years. zis Declaration may be amended during the first twenty (20) year period by an instrument signed by not less than seventy-five percent (757) of the Lot Owners. Any amendment must be recorded. Section 4. Annexation. Additional residential property and Common Area may be annexed to the Properties with the consent of two-thirds (2/3) of each class of members. Section 5. FHA/VA Approval. As long as there is a Class B membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration; Annexation of additional properties, dedication of Common Area, and amendment of this Declaration of Covenants, Conditions and Restrictions. (6) (Seawind Greens) EXHIBIT "C" ARTICLE VII PARTY WALLS Each wall which is built as a part of the original construction of the homes upon the Properties and placed on the dividing line between the Lots shall constitute a party wall, and to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the Owners who make use of the wall in proportion to such use. If a party wall is destroyed or damaged by fire or other casualty, any Jwner who has use to the wall may restore it, and if the other Owner thereafter makes use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such Owners to call for a larger contribution from the others under any rule of law regarding liability for negligent or willful acts or omissions. Notwithstanding any other provisions of this Article, an Owner who by his negligent or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. • The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. In the event of any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. ARTICLE VIII MAINTENANCE AND REPAIR AGREEMENT The Maintenance and Repair of any common wall, structure or roff shall be the mutual responsibility of the owners adjoining such common wall, struc- ture or roof and an easement is hereby created for such purpose. ARTICLE IX JNDERCROUND AND EXTERNAL ANTENNA INSTALLATION AND REPAIR AGREEMENT such time as underground antennas become available to Units within this subdivision no external antennas, poles or wires or other unsightly object shall be permitted on the roof of any Unit or other building. No repair will be facilitated or allowed on existing external antennas after such date that underground facilities are available to any single Unitas to that Unit only. In the case of television antennas, the Owner of the property, may, at his option, hook on to the underground television antenna system which Declarant shall cause to be installed. (7) (Seawind Greens) • EXHIBIT " 1, ARTICLE X INCORPORATION OF NON-PROFIT PROPERTY OWNERS ASSOCIATION Prior to the sale of lots in the heretofore described real property known as "Seawind Greens" the owner shall cause to be incorporated a non-profit corporation, under the laws of the State of California, to be known as the "Seawind Greens Property Owners Association Incor- porated". Said incorporation shall be pursuant to the Articles of Incorporation and By -Laws heretofore submitted for review and ap- proval by the City Attorney of the City of National City, which Arti- cles of Incorporation are marked as "Seawind Greens Exhibit A" and which By -Laws are marked "Seawind Greens Exhibit B" both of which documents are on file in the office of the City Clerk of the City of National City marked Document No. 454 and Document No. 4c4c49 (8) (Seawind Greens) EXHIBIT "C" IN WITNESS WHEREOF, the undersigned, jkein the Declarant herein, has hereunto set his hand this /22 day of CVO , 1970. TATE OF CALIFORNIA) ) SS: (0UNTY OF SAN DIEGO) by I%Y[C&. MACE r. MCMILLIN, JR. by �-� /,)%ZCGt-i,„; VONNIE L. MCMILLIN 0n this /0--day of , 1970, before me, the under- signed, a Notary Republic, personally appeared MACEY L. MCMILLIN, JR. and VONNIE L. MCMILLIN, known to me to be the persons whose names are subscribed above, and acknowledged that they executed tom --=me. WITNESS my hand and official seal. �LIFOF�`�P OFFICIAL Si -AL EDWARD G. ALBEE NOTARY PUBLIC-CALIFORNIA SAN DIEGO COUNTY MyCommissionExpiresMay23,1974 41 E. 25th St, National City, Calif. 92050 Notary's Sig EXHIBIT °' nso R SUtiJTIOl': Y , . 10 ,188 ROVING7,13VING TA IVE SUBDIVISION .S'i t ND REEN- BT IT RFSUI.'€' `D by the City Council of the City of National City that mire tentative nap for the proposed Seawind ter£ eY $ubc ivsion approved sub c_ct to the fo' i owitav Planned Resident e recommends on o the t E pr'ovtsionss £%i: :lydiri, rice evo. 4+ ifs a iG'ni i % y zr::c Lnance Ica 1116 prior to the approve i by the City of the Final Map. 2. treat ar a .ey edicFat on and improvements. four Loot UnitPermit the City Council upon scion ie acccn a>,ee with .0 '4ot previously a;; a public atreet an, improved ri at -of -way with a sity-four travelway. Subdivider ,had-' improve the westerly half with curbs, gutters, twenty feet (°'i' r of permanent three inches AC on adequate base instead of two inches p AC on adequate base.) L nprove`'' xFi. . 1.L th treat seal : ' e improved as a sixty ht-o aye with a orty foot ( ') travelway and gutter mire goo: ( ) ermanen t paving; era vhe cencet half of street indicated foot 5. r and irrprove. an eiihteen th c concrete ii feet (iO ) o ne of the street ure development. ,ue shall be improved as a .fifty thirty-siv foot (?f') travelway concrete sidewalk , of peri an;e paving, two itches AC installed on adequate base; ten feet (10') of grading shall be completed from the center line of the street on that half of street indicated for future development. 1.4-•th Str d. Twenty-four foot (-f) alley, entering off cm; edt. ive fifty. .foot cui-ne-sac, shall be :ledicated as public alley, improved in accort]ance with the specifications of the rngineering Oepartment of the City of Nat on40 City, and poste<i " NO PARKING AT A' d 'SLOW tJ P.n.APt t Y". HILDRIN o. The 'tha1 ip shall provide typical street sections or Orange Avenue, lth Street and 7uelid Avenue to be revised to meet the renutrements of the City 'Fbgineer. Final Map shaU provide a typical alley Jesign to meet the require • s c ti f the City Vrmineex. ALi street and altey improvements shall be n accordance with efl specifications of the ragineering Depart- ment of the City of National City. 3. Orf-site portion of Street improvements: .s. ,Jub,niviner shall b responsib1e for improving any portion. of the ;Easterly laJf of Orange Avenue southerly ot the proposed subinivision co 6ch Street in accordarwe with the requirements stated above and concurrently with the sub- division improvements. b. rhe off -site portion, of the southerly extension of rucliN Avenue to iSth Street rot be improved by the subdivider but be int'udec within the contract let by the City to improve Euclid Avenue Erom i'a2a to LHO1 Street. Rotation o :ewer lair shall be accomplished at the expense of the be“eCitLeLi property; no enlargement of, pipe slzx, is necessary. J. City of Nactona. City to pay half the cost for tnatailing a orty-eht inch (4€ ) diameter AcT Storm Drain. 6, ntree t si6ns, number, size, type. and location to be installed as approvec by the Public A)r Director of the City of National City. 7. Underground Utilities. e. All proposed electrical, telephone, and similar 4istributioa utility facilities shall be placed under - around, including all, feeder lines from eaisting public facili- ties. Subdivider shall mahe ail arrangements with the utility companies and the- City of rational City for the undergrounding faE said facilitiem. b, aal outside lighting shall be of an ornamental design and shall be wire.d for underground servlae. Subdivider shall make provisions with the Fire Chief of the City of National City for the inatallation oC fire alarm boxes and wiring for same in accordange with the f re alarm system of the City of National City. d. Ali water distribution facilities shall be installed in conformance withAhe specification of the City of National City and the California American Water Company. e,. All sewer collection facilities within the proposed subdivision and within the extension of eaisting facili- ties shall be installed in accordance with the spec:ifteat °rof the City Talgineer. f. Subdivider shall install underground t leviaion cable stubbed into each 6welling unit with a maor junction box. (1 All deeds shall contain a restriction requtrLrg the property owner to connect to the undeaa3round service when it is extended into the City of National City and a.terlot antenna becomes. deteriorated. At this time no new overhea antennas shall be permitted. 8. Police and Fire Protection, a. ,aubalviaer shaIl make provision for fire hydrants as require by the Fire Chief. b. Access to lot thirty-five shall be provided and maintained at 1I times to the Fire and Police Departments of the City of National City. 9. Construction, Drainage and Grading. a. Construction drawings shall include complete gradine and drainage plans to be. approved by the City Engineer. b. Subeividee shall cornpiy with the recommenda- tions of the City Engineer as to the installation and maintenance of drainage facilities. Id. Final Map shall provide on the title sheet pro- visions that all residential maintenance, development, sale and repair will be subject to the Residential Planned Unit Develop- ment Permit the original of. which will be on file in the office of the City ClerO of the City of National City. Final -Map shall provide on the eitie sheet indica- eion that the individual lots encompassing the single residential unit do not meet the minimum building sites of the City of National City. 12. Final Map shall provide on the title sheet that the subdivision shall be subject to all the conditions and restric- tions contained within the Residential Planned Unit Development Permit the original of which shall be on file in the office of the City Clerk of the City of National City. 13. Subdivider shall provide the City Attorney with a copy of his proposed deed which will be issued upon the sale of the units and which shall include provisions concerning the property owners rights to the open space area. 14. The subdivider shall prior to the Final Map submit to the City Attorney a copy of the declaration. of restrictions which will be placed against the subdivision- ls. In the event the subdivider fails to secure a Residential Planned Unit Development Permit as required by Ordinance No. 1116 approval of subject tentative map shall become null and void and the land shall revert back to one large area of vacant land. ; t 13th Jay o: .0c tober ' .