XH224pC 587
7B3 Irr BY
-- RtcoDDNnFFlcmL8Ecouos
COhD Of DRAUGC couNry C/LJFOFINU\ Nd 1lESTED 13
AND 1iEU 3ECORDED MAIL TO PM AtJ 191974
CO -O iOmeI Inc W1IE CA8LYLE Csrnty Rgr 17003 Boulevard ustn California 92780
Attention Llr Larry Dizaotte
Apova space for Rocorciers use only
DDCLARATION OF
COVENANTS CONDITIONS AND RCSTRIcTIOJg
TEIS DECLARATIO17 made this day of 1974 by HHOADMOOR HOMES INC California corporatio 9ve1oper I1IEREAS Davoloocr is the owner of certain real prao arty located the City of San Clamete County of Orange State of California more Particularly descrihd as follows Lots 34 through 73 of Tract 8597 as shown on map recorded in Book 34 Pages through inclusiv of Miscellaneous Naps Records of Oiange County California the Property WHEVEAS Developer desires to create on the Property and such additions thereto as may be made pursuant to Article II hereof Additions residential comnunity with sloce area maintenance for the benefit of the coronuniLy and WHEREAS Developer has deemed it desirable to impose genersi plan for the imorovament and lava at at the IOL tv and Ajditions and to adopt and estani avenants ondithns and restrictions upon the Promrty and Additions Lo Iupoaa of enforcing and protecting the value desir nd attractiveness thereof and WHEREAS Developer has deemed it desirable for the efficient preservation of the value desirability end attrac tiveness of the Property and Additions to create corporation to which should be delegated and assigned the powers of main taming the slope areas of the Property and Additions and ad minietcziq and enforcing these covenants conditions and restrictions and
WHEREAS Broadmoor San Clemente Conunity Association nonprofit corporation has been incorporated under the laws of the State of California for the purpose of exercising the powers and functions as aforesaid and
WIEI1EAS Developer intends to convey all of the Property and Additions subject to certain protective covenants condi tionu and restrictions as heremnatter set GARR1 29
Ex 16-1
Attachment 2
224 588
NOW THREFCllE Developer hereby certifies agrees and
cociares that it has established and does hereby establish General Pt an Lot the protection maintenance improvement and development of the Property and Additions and line fixed and does hereby Lix the covenants conditions restrictions ease inents reservations tiens and charges upon and subject to which all of the Property and Additions and each portion there of shall be held used leased sold and conveyed and each and all of ihich is and are declared hereby to be for the benefit of all the Property and Additions and each portion thereof and each present and each future owner as hereinafter defined thereof and Developer These covenants conditions restric tions easements reservations liens and charges shall run itfl the Property and Additions and shall be binding upon all parties having or acquiring any right title or interest in the Property and Additions or any portion thereof and shall inure to the benefit of and bind each owner thereof and their respec tive successors in interact and are imposed upon the Property and Additions and each and every portion thereof as servitude in favor of the Property ad Additions and each and every por tion thereof as the dominant tenement or tenements all as follows to with
ARTIrLE
DEFINITIONS
Section_1 Articles and By-laws shall mean and refer
to the AiClOSOf Incorporation and By-Laws of the Association as the same may from time to time be amended
BAntion_2 AssociatiOn shall rfean and refer to Broadmoor San Ciemente Community Association nonprofit corporation incorporated under the Laws of the State of California its 5uc cessors and assignS
Siction3 Board shall mean and refer to the goard
Otractors of the Association
Section4 Broadmoor San Clemente shall mean and re
fer to the Original Property defined hereinafter Article II Section together with such additions thereto as may become subject to this Declaration or any supplementary declaration pursuant to the provisions of Article II hereof
Section cot shall mean and refer to any numbered
plot of ianTi6wn upon any recorded subdivision map of Broadmoor San Clemente or any portion thereof SectionG Member shall mean and refer to every
person or entity who holds membership in the Association as provided in Article III Section hereof
Section Owner shall mean and refer to one or more
persons or entities who re the record owner including Doweloper of the fee simple title to any Lot but shall not mean or refer to those having such interest merely as security for the performance of an obligation
GARR1 30
Ex 16-2
.A.Rl ICLE II
IJECT TO Elf
AND_ADDITIONS THERETO
Section The real property which
shall held used leased sold and conveyed subject to this Dad ration is described as follows
Lots 34 through 73 of Tract 85D7 as shown
Ofl .i map recorded in BOOk through
ii inclusive of MiacpIlaneous Maps 1\ecords of
Orange County California
Said real property shall be sometimes referred to here inafter as the Original Property
Section Additions to qinal Pro erty Addi
tional rd1 .rope.rtyea .adndxdd tO the Origibdl Property tud become subjoct to this Declaration tn the manner set forth hereinafter
.AdditicnsLD.veioE.er If DCVCl.OpC its
auccessois ci atsigna chait develop oz cause to be developed addtionat real propcztv within the aLea described in rxhibit An ..attachod hereto and inco npo.rated h.erein by th.is re ference Developer or its successors or assigns shall have the right to an.nex ouch additional real property to the original Property efld to bring such real prperty with.in the gen.e.r.l plan and scheme of this Declaration without the approval of the Associa tion .its ifoa.rd or Members provided the.t sald right of ope and ts successors and assigns shall terminate on the hap pening of either of the following events whichever occurs The expiration of three year period
from date unace by the Department of Real Rqt rc fhe
State of Califor.n.ia of Final Subdivision Public 5por
pect to any portion of Broadmoor San Clemente witheut the fiiinq of Ho tLL ni In ten ton and Questioflnai re with re speco to any other portion of such ptupe.rt.y as equred by Sections 11010 and 11011 of the California Business and Professions Code or ii Dedember 31 1980
Other Additions In addition to the provision
for annexatIon .speTfiedln Subsection here In above addi tional roni property may be anne\ed to the Original Property and brought within the genera plan and scheme of this Declaration upon the approval by vote Cr wrItten consent of Members entitled to exercise not less than .thrcefourths 3/4 of the voting pow c.r of each clss of methbetship o.f the Association Upon obtaining the requisite approval the
owner of any property who desires to annex it to the Original Property and add it to the general plan and scheme of this Dc dlaratlon and subjeut it to the jurisdl.ction of the AssocIation shl Silo of record Supplomenry teclaration of Covenants Conditions and Restrictions as more particularly described in Spct ion heroinbelow
Suetar Declaration The additions
autho.ri cc under Subscctions .nd uf this Section of
GARR131
Ex 16-3
3224PG 590
Article II shall be made by filing of record Supplementary Declaration of Covenants Conditions and Restrictions or other similar instrument with respect to the additional real property which shall be executed by Developer or the owner thereof and shall xtnd the general plan and scheme of this Declaration to such property rho tiling of record of said Supplementary Dc elaratiort shall constitute and effectuate the annexation of the additional real property described therein and thereupon said real property shall become and constitute part of Broadmoor San Clemento become subject to this Declaration and encompassed within the general plan and scheme of the covenants conditions and restrictions contained herein and become subject to assess ment by the Association and to the functions powers and juris diction of Lhe Association and the Owners of Lots in id real property shall automatically become Members of the Association Such Supplementary Declaration may contain
such additions and moditications of the covenants conditions and restrictions contained in this Declaration as may be neces saiy to reflect the different character if any of the added property or as Developer may deem appropriate in the develop meat of such property and as are not inconsistent with the general plan and scheme of this Declaration In no event how ever shall such Supplementary Dec.aration revoke modify or add to the covenants conditions and restrictions established by this Declaration as the same pertain to the Original Property except as may be hereiunftor provided
MerqersandConsOlidati Upon merger or
consolidation of te Association with another association as provided in the Articles of the Association its properties rights and obligations may be transferred to the surviving or consolidated association or alternatively the properties rights and obligations of another association may he added to the properties rights and obligations of the Association as surviving corporation pursuant to merger The surviving or conolidiLod tssociation may administer the covenants condi Lions and restrictions established by this Declaration within Bicadmoor San Clemente together with the ovaants condition and restrictions established upon any other rroperty as one gen eral plan and scheme
ARTICLE III
MEMBERSEIIP ItNI VOTING
RIGHTS IN THE ASSOCIATION
Sectionl Every person or entity who
is record owner of fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Asociatiofl shall be Member of the Association Any per
son or entity having any such interest merely as security for tub perfoinnance at an obligation shall not be Member Membership and the right to vote shall be appurtenant to and may not ho separated from the fee ownership of any Lot hich is subject La assessment by the Association Owner
m%iip of such Lot shall be the solo qualification for
tmemthcrship
GARR1 32
Ex 16-4
XI224N 59
Section Transfer The membership held by any record Owner I5Es.Iai1 not transferred p.iedged or ali.en.ated in any way except upc.n tiie aie or assignment of sUch Lot and then only to the purchaser or assignee thereof Any attempt to make prohthtod transfer is void and will not be retleoted upon the books and .recor ds of the Association In the event any Owner shall fail ai rcu to Liansfer the membership iegistered in his name to the pu.rchaser or assignee the Association shall have the right to ye.cord the txansfer upon the hooks of the Association Section__3 Thtjng Fih The Association sth 11
have two clas jhs of voting hembdrship
Class Class tIembers shall be all those Owners ontiL3od to nembership is defined in Section of this ric1e Ill with the exoep-1on of Developer Class MembLrs sha be entitled to one .vote for each Lot in which they hold the interest required for membership by Section
When mcre than one person holds su.ch interest in
an tot all sucn nersons shall he flembers and the vote for such Lot shall he exercised as they among themselves determine but in no event shall moth than dne vot.e be cast with respect to any such Lot From time to time such persons sh.aii desig nate to thc thsoclation in iriting one of theii number who shall have the power to oaercis.e thei vote
Class The Class Member shall be the Developer The Clan Member shall be entitl ad to three votes for es oh Lot in hich it holds the inLerest requiied for membeiship bj Section provided that the class membership shall cease and become converted to cl.ss marsh e.rshi.p on happening of an.y of the following emants whichever occurs earliest
When the total votes outstanding in the
membership equal
On the expiration of t.hree year period from the date of Ssu.ance by the Department of Real Es tate of the State of California of Final Subdivision fubli Re port with respect Loamy portion of Broadmoor San Clemente without the filing of Uôtice of Intention and Questionnaire with respect to any other portion of such property as required by Sections 11010 and 11011 of the California Business and Professions Code or
On December 31 l80
from and after the hap.penin.g of these events which
ever occurs earliest the Ciass Me.mber shall be deemed to be Class Member entitledto one vote for each Lot in which it holds thc interest requ.i.red for member shjp un.der Section The voting rights of both classes of membership sheLl
be stthjoct to the restrictions and limitations provided in this De.claration and in the Artic.les of and ByLaws of the Association
ARTICLE IV
faction_1 Crnution of the Lion and Personal Obiiqa otAcmen in GARR1 33 5--
Ex 16-5
224 592
Broadmoor San Clemente hereby covenants and eac Owner of any Lot within Broadmoor San Clemonte by acceptance of deed or other conveyance therefor whether or not it shall be so cx pressed in any such deed or othor conveyance is and shall he deemed to covanant and agree to pay to the Issociation annual assessments or charges such annual assessments to be fixed established and collected from time to time as hereinafter pro vided The annual assessments together with such interest thereon and costs of collection thereof as provided hereinbelow in Irtiele Section shall be charge on the land and shall be continuing lien upon the Lot against which each such assess ment in made The lien shall become effective upon recordation of notice of ci aim of lien in accordance with Section of Article of this Declaration Each such annual assessment toqethar with such interest and costs shall also be the personal obligation of the person or entity who was the Owner of such Lot at the time when the assessment or any portion thereof fell due end shall bind his heirs devise personal representatives successors and assigns Bowever the personal obligation shall not pass to his successors in title unless expressly assumed by them
Section Purpose $\nnual Assessments The annual
asses smens1 oted accu
mulated and used exclusively for the purpose of providing for and promotinq the aleasure recreation health safety and social welfare of the Members of the Association including the improve nent maintenance irrigation repair and upkeep of the slope areas of broadmoor San Clewente described in Exhibit attached hereto ed made part hereof by this reference
Section Annual Assessments The amount of annual
assessments shalT be dctbmined by the Board after giving due consideration to the current maintenance costs and future needs of the ssociation
Section_1 Date of Commencement of Annual Assessments
Due Datcr The annual assessmedts
comnncu as to all r3ots in the Oriqinal Sropertv on the first day of the month following the conveyance at the first Lot within said property to an individual Owner The annual assess ments for Lots added hereafter to the Original Froperty pro vidud acid Lots siall have become subject to assessment by the Association shall commence with respect to all Lots within such added property on the first day of the month following the con veyance of the first Lot within said added pronerty to an indi vidual Owner Provided however that the Association by
majority vote of its Board may extend the commencement date of annual assessments for the Original Property and any added prop erty to date not later than one year from the date of is suance by the Department of Real Estate of Bind Subdivision Public Reports with respect to the Original Property and added property respectively if Developer by written agreement with the Association commits to maintain the slope areas described in Exhibit attached hereto and incorporated herein by this re fcrencc and other slope areas to be maintained by the Association which are included within any added property until such extended dates
Annual assessments shall be levied on calendar year bis and shall be due and payable quarterly in advance on December 31 March 31 June 30 and September 30 or in such other manner as the Board may from tiDe to time establish The annnal assessments for the first year of assessment for the Original Pronerty shaLl be and they hereby are lovid GARR1 34
Ex 16-6
and fi at the rate of Pundrod Aent Eiht Dollars 2jLQQ par tot and shah be in an amount whici tars the come relationship to said assessment as the remaining num ber us months in that year bear to twelve 12 The same pro ration in the amount of assessment shall apply to the first as sesument levied against any tot which is added hereafter to the Original Property at time other than the beginning of any cal endar year assessment period After consideration of current maintenance costs and future needs of the Association any assess ment may be reduced by resolution of the Board Section Duties of the Board of Directors The
i3oard of Dictors 0r SSoclati shall fixte amount of
the annual assessment against each Lot subject thereto for each annual assessment period at least thirty 30 days in advance of such period and shall at that time prepare roster of the Lots within Bioadmoor San Clemente and the annual assessments appli cable thereto which shall be keot in the offiae of the Associa tion designated by the Board and shall be open to inspection by any Owner during normaL business hours
Pritten notice of the annual assessments shall be sent to every Owner subject thereto at least fifteen 15 days in advance of each annual assessment period Upon demand the Association shall furnish to any Owner Iiable or annual assessments certificate in Writing signed by an officer of the Association setting forth whether said as seosnent or any portion thereof have been paid Such certi ficate shall be conclusive evidence of th payment of any assess inent or portion thereof therein stated to have been paid reasonable charge may be made by the Board for the issuance of any such certificate
Section With
out exception each tot dned by Developer shall be subject to assessment to the same extent and in the same manner as any other Lot owned by any individual Owner
Section_7 Uniform Rate of Assessment Annual assea
ments shall be kixodat aTorm rate for all Lots within moor San Clumente Section Abandonment No Owner may waivF or other
wise escape personal flabihity for the assessments provided for heroifl by abandomnont of his tot
Section No Offsets No offsets against any assess ments shall be permitted for any reason including without limitation claim that the Association is not properly exer cising its duties ci maintenance or enforcement Section 10 Exem Pro art The following property subject tThIs Declaration exempted from the assess ments charge and lien created herein all properties dedi cated to and accepted by local public authority all prop erties exempted from taxation by the laws of the State of Cali fornia upon the terms and to the extent of such legal exemption Notwithstanding any provision herein no real property or impsovements devoted to dwelling use shall be exempt from said assessments charges or liens GARR1 35
Ex 16-7
I224P 594
ARTICLE
NT OF ASSESSMEMTS
Section_1 uencyndRemedicsofAociatio if any annual a5essmcnL or any potion thereat not naid on thc date thc due beinq the thtes specfied Section of Article IV hereof then such assessment or portion thereof thall bccome dci inquent and shall together with interest and costs of collection as orovided hereinbelow thereupon become continuing lien on tht Lot against which such ao.se.ssment was made as core part.icu.lar.ly dese rihed in frticla IV Section hereinabove
If any annual a.ssE..ssment or any portion thereof is
not piid within thirty 30 days aftei the aelinquencv dae it sha.ll bear .interest .f.rom the date of delinquency a.t the then legal taLe and in dddLton to all other legal and equitable rghs or remedies the Association may at its option bring an action at law again.st the Owner person.ally obligated to pay the .same or upon compliance with the notice provis ions set forth tn 3oction hereinoelow to foreclahe the lien against the Lot and there sha.ll to addad to the amount of such asse.ss cent or any per Lion theeof and interest thereon all c.o.stS and expenses including reasonable attorneys fees incurred ly the ..ssociat.on in co.liecti.ng the ds.linque.nt assessment In lieu of judicially foreclos.ing the lie.n the As.s.ociat.ion at itq option may forecloue uch lien by proceeding under
or of sale as provided 1.threinbelow in Section such power of sale being g.ien to the Associ.a.tion as to each and every Lot for the purpose of collecting delinquent assessments Rach Owner yes ts in the p5ociztjorl t.o guecess.or or assi.cjns the right and power to hrlnq all actions of l.aw or ilen fore ci.os u.re agni on such Owner or other Owners far purposes of colleatiag delInquent assessments
ertton Notice of Claim of Lien No action hall
he brought to foreclose the lien or to proceed under the pow or of sale less than thirty 30 days after the da.te noti.co of claim of lien executed by duly authorized representative of the .Associat.ion is record ed with t.he Ora.nqe County Recorder .sa id no tice stating amount alL aImed whIch may md ud.e in terast and costs of callction including reasonable attorneys fee good and sufflc..iènt leg.al descriptIon of the Lot being asaesed the name and address of the Associ.ation as ala mant and the name of the record Owner or reputed Oner thereof o.py of saId no ti.ce of el aim shall be deposi.te.d In the Uni.te.d States mail certified or registered and postage prepai.d to the Owner of the Lot
Section Foreclosure Sale Any such sale provided
fat abov ha.llLa .50 fldUC .iLn accordance wi Lb th.e pro via icna of Sections 2924 2924b and 2924c of the Civil Code of the State of California applicable to the exercise ci powers of .le in mo.rtgagc.a and deeds trust or in any other mann.e.r permitted or provided by.law The Association through its duly authorized agents shall have the power to bid on the Lot at foreclosure sale and Hto acquire and hold lease mort.gage and convey the .uame
Sectio Curirq of Default Upon the timely curing
of .any d...iult for wEic.1Eiccof claim of li..en was recorded GARR136
Ex 16-8
KU224pg 595
by the Association the offtcere of the Association are hereby authorized to tile or record the case may be an appropriate release of such notice upon payment by the defaulting Owner of fee to be determined by the Association but not to exceed $50.00 to cover the costs of preparing and filing or recording such release together with the payment of such other costs interest or fees as shall have been ineurrcd
Section Cumulative Remedies The assessment lien
and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the Association and its assigns may have here under and by law
Section Subordination of the Lien to Mortcages The lien of the assessments provided for herein shall be sub ordinate to the lien of any dced of trust or mortgage now or hereafter placed upon any of the Lots within Broadmoor San Cleente subject to assessment provided however that such subordination shall apply only to the assessments which have become due and payable prior to sale or transfer of such Lot pursuant to decree of foreclosure or any other proceeding in lieu of foreclosure Such sale or transfer shall not relieve such Lot from liability for any assessment thereafter becoming due nor from the lien of any such subsequent assessment
ARTICLE VI
ARCEITtOTURAL COMMITTEE
Section Approval bvArchitectural Committee Mo
fence wail buflding or other structure or u.teriur ddtian to or change or alteration thereof including painting shall be commenced cons tructed erected placed altered maintained or pennitted to remain on any of the real property within hroad moor San Clemente or any portion thereof until plans and spe cifications shall have been submitted to and approved in writing by an architectural committee initially to be appointed by Devel oper the Architectural Committee Said plans and specifica tions shall be prepared by duly licensed architect or other person approved by the Architectural Committee and shall include where appropriate the following Plot plans showinq the
location of all structures and showing grade elevations and drainage Building plans including floor foundation and
ioof plans with all materials therefor Exterior elevations and surfaces sections structural design and salient exterior details Id General exterior color schemes and Ce Landscaping plans showing type location and elevation of trees bushes shrubsr plants hedges and fences Provided however that De veloper shall not be required to comply with any of the provi sions of this Section All such plans and specifications shall be submitted in writing over the signature of the Owner of the property or such Owners authorized agent Approval shall be hosed among other things on adequacy of site dimensions ade quacy of structural design and material comformity and harmony of external design with neighboring sLructures effect of location and use of improvements and landscaping on neighboring property improvements landscaping operations and uses relation of topography grade and finished ground clevtion of the property being GARR1 37
Ex 16-9
1I224 595
improved to that of naiqhboring property proper facing of main elevations with respect to nearby streets preservation of view and aesthetic beauty and conformity of the plans and specifica tions to the purpose and qeneral plan and intent of this Deala ration In any event the Architectural committee shall have the right but not the obligation to require any Member to re move trim tap or prune any shrub tree bush plant or hedge which such Committee reasonably believes impedes the view of any lot
Section Term of Architectural Ccmmitt5ted
byoeveloppr The Arcocturnl Committee appThted by Developer chi remain in office until the happening of any of the follow ing vents whichever occurs earliost
When ninety percent 98% or more of the Lots
within Broadmoor San Clemente have been sold
On the expiration of three year period
from the date of issuance by the Department of Real Estate of the State of California of Final Subdivision Public Report with respect to any portion of Uroadmoor San Clemente without the filing of Botice of intention and Questionnaire with re suect to any other portion of such property as required by SeeLionS 11010 and LiOll of the California Business cad Professions Code or
cj On December 31 1980
From and after the happening ot these events
whichever occurs earliest the Architectural Committee shall be composed of the Board of the Association or by three or more representatives appointed by the Board
Section_3 Failure to Aporove or Disapprove Plans and
hpecifications In the event the architectural Committee or its repreentatives designated in accordance with Section hereinbelow fails to either approve or disapprove such plans and specifications within thirty 30 days after the same have been submitted to it it shall he conclusively presumed that the Architectural Committee has approved such plans and speci fications All improvement woik approved by the Architectural Committee shall be diligently completed and constructed in ac cordance with approved plans and specifications
Section No Liabi1ij Neither Developer the Asso
ciation the Ardiitectural Committee or the members or designated representatives thereof shall be liable in damages to anyone submitting plans or specifications to them for approval or to any Owner of proverty affected by these restrictions by reason of mistake in judgment negligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications or icr any detect in any structure constructed from such plans and specifications Such plans and specifications are nut approved for engineering design Every person who submits plans or spe cifications to the Architectural Committee for approval agrees by submission of such plans and specifications and every Owner of any of said property agrees that he will not bring any action or suit against Developer the Association the Architectural CommitteG or any of the members or designated representatives thereof to recovor any such damages
GARR1 38
Ex 16-10
J224 597
Section Notice of Noncom lianc or Noncom letion
Notwithstanding anything to ie contrary contained terean after the expiration of one year from the date of issuance of building permit by municipal or other governmental authority for any improvements said improvements shall in favor of purchasers and encumbrancors in good faith and for value be deemed to be in compliance with all provisions of this Article VI unless actual notice of such noncompliance or noncompletion executed by tha Architoctural Committee or its designated representatives shall appear of record in the office of the County Recorder of Orange County California or unless legal proceedings shall have been instituted to enforce compliance or completion SctionG Regulations The Architectural Commrtthe may from tine to time in its sole discretion adopt amend and repeal reasonable rules and regulations interpreting and implementing the provisions hereof Section Variances Where circumstances such as
topography location of proprty lines location of trees con figuration of Lots or other matters require the Architectural Committee by the vote or written conseiit of majority of the members thereof may allow reasonable variances as to any of the covenants conditions or restricjons contained in this Declara tion under the jurisdiction of such Committee on such terms and conditions as it shall require provided however that all such variances shall be in keeping with the general plan for the provement and development of Broadmoor San Clemente
Section The Archi tectural Committee may from time to time by majority of the mombers thereof delegate any of its rights or responsibilities hereunder to one or more duly licensed architects or other qual ified persons who shall have full authority to act on the behalf of the Architectural Committee in all matters delegated cifications
Section Review Fee and Address All plans and spe rTred by Section hereof shall be submitted in writing Lt approval together with processing fee not to ex ceed Pf.y CoiLrs $50.00 The address of the Architectural Committee is 17802 Irvine Boulevard Tustin California 2780 or such other place as maw from time to time ho designated by ho ArhiLcturaj CommitL or written instrument recorded in the office of the County Recorder of Orange County and the last instrument so recorded shall be deemed the Architectural Com mittees piover address Surt address shall be the place for the submittal of plans and specifications and the place where the current rules and regulations if any of the Architectural Committee Shall be kept
Section 10 Inspection Any member or agent of the Architectural Committee f1om time to time at any reasonable hour or hours and upon rORsonab notice enter and inspect any property subject to the jurisdiction of said Architectural Com mittee as to its improvement or maintenance in compliance with the provisions hereof
ARTICLE VII
GENERAL RESTRICTIONS
Section Fccopt as provided in Section Oereof no buIld rig structure or improvement shall be cons trucod erected GARR1 39
Ex 16-11
BKH224PG 598
altered placed or permitted to remain on any of the Lots with in the Original Property other than singiefamily dwelling do signed for occupation by not more than one family
Section Neither the real property within Broadmoor
ban Cemente nor any portion thereof shall be used for any pur pose tending to injure the reputation thereof or to disturb the nerqhhorhood or occupants of adjoining property or to con ntituto nuisance or in violation of any public law ordinance or regulation in anywise applicable thereto No business or commercial activity shall be maintained or conducted upon any of the Lath
Section3 Daveloper its successors and sedans may
use any of the real property within Broadmoor San Clomenta owned by them for model home sites and display and sales offices and incidental parking and may use such real property for the erec Lion and maintenance of other structures displays exhibits and signs as they may deem necessary or convenient during the con struction and sales period
Section No building structure or improvement shall
be constructed erected alterob placed or permitted to remain on any Lot in such location or manner or height as will unres conably obstruct or interfere with the vicW of any other Lot provided that all buildings structures and improvements as originally constructed by Developer thall be deemed to not un reasonably obstruct or interfere with the view of any Lot in Oroadmoor San Clemente No projectibns of any type shall be placod or permittee to remain above the roof of any residential building with the exception of one or more chimneys and one or more vent stacks No outside television or radio pole or an tenna or other electronic device shall be constructed erectod or maintained on any building ar on any procerty within Broadmoor San Clumente or connected in such manner as to be visible from the outside of any such building
Section When garaqos are not in use garage doors
shall belosed Garages shall be used only for the purpOs parking automobiles and storing an Owner1s hcncheld goods No open carport shall be constructed or maintained upun my Lot Section No shed tent or temporary building shall
he erocttained or used on any property within Broadnioor San Cieniente provided however that temporary buildings for use end used only for purposes incidental to the iniLial con Otruction of inprovemente and dwellings on any portion of Broadmoor San Clemente may be cons tructud and maintained provided that said temporary buildings shall be promptly removed upon the complotion of such construction work
Section No mobile home boat truck trailer or
recreativeiiClC of any kind shall he kept stored parked lothur than temporarily maintained constructed or repaired on any property within Broadmoor San Clemente in such manner as to he visibic from any neighboring property provided how ever that the provisions of this section shall not apply to emergency vehicle repairs Temporary parking shall mean park ing of vehicles belonging to guests of Owners delivery trucks service vehicles nd other commercial vehicles heinq used the furnishing of services to the Association or the Owners and GARR1 40
Ex 16-12
224PC 599
of vehicles belonging to or being used by Owners for
ioding and unloading purposes
Section No singlefamily dwelling shall be con StuCted1ntajned upon any Lot or any portion thereof which lies total livable floor area exclusive of any porch patio basement garage or other accessory outbuildinq wheth ci or ot attached to such dwelling of less than one thousand seven hundred eighty 1700 square feet
Section ho privy shall be erected maintained or used upon any portion of Broadmoor San Clemente but tempo roy urivy may be permitted during the course of construction of building Any lavatory toilet or water closet which shall he erected maintained or used upon any portion of Broadmoor San Clemant shall be enclosed and located within building par mitted under this Decthratjon to be erected within Broadmoor an Clemente shall be properly connected with the sewer system and shall be so constructed and operated that no offensive odor shall arise or otherwise escape therefrom Section 10 Except fore sign of customary and reason able dimensions advertising Lot for sale such sign to be located on such Lot no sign or other advertising device of any oharactcr shall be erected maintained or displayed upon any portion of Broadmoor San Ciemente provided howevet that Devel opar its agents and designees may erect and maintain such signs and other advertising devices or structures as it may doom neces anry ir pioper in connection with the conduct of its operations for the development improvement subdivision and sale of the Lots within Broadmoor San Clemente So long as it is an Owner of at least twentyfive percent 25% of the Lots Developer or the Association may summarily remove and destroy all unau thorized signs Suction Il No animals fowl reptiles or poultry shall
be kept within Broadmoor San Clemente except that domestic dogs cats birds and fish may be kept as household pets within Broaf- ioor San Clemente provided that they are not kept bred or raised thnaLn for commercial purposes or in unreaonahle quantities thia Declaration unreasonable quantities shall be c-iueu Lu ilmic the number at dogs cats and birds to two each
Section 12 No weeds rubbish debris objects or mate rials of any kind shall be placed or permitted to accumulate Upoo ony portion of Broadmoor San Clemente which render such gorti-r unsanitary unsightly offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity In the event of the default in the performance of this provision and if such default shall not have been cured within five days after written notice there of Developer so long as it is an Owner of at least twentyfive peLcent 25% of the Lots or the Association shall have the right to enter unon said property and remove all woods rubbish debris objects or materials and do au things necessary to place said property in neat and orderly condition and any ex penses therefor shall become due and payable from the Owner of said property to Developer or the Association as the case may within five days after written demand therefor Section_33 No plants or seeds infected with noxious
insects or plant diseases nhall be brought upon grown or main ained upon any girt of Broadmoor San Clcmente In the Ovent GARR141
Ex 16-13
XU224
the default in the performance of this provision1 and if such default shall not have been cured within five days after written noticO thereof Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Associa tion shall have the right to enter upon any Lot within Broadmoor fan Clemente and at the expense of the Owner of said Lot remove infected or diseased plants and/or spray the same and/or take such measures as nay be necessary in the opinion of the Developer or the Association to protect the same and/or the com munity from the spread of such infection
Section l4 Trash garbage rubbish and other waste
shall be kept only in sanitary containers All service yards or suiviec aicas clothesline areas sanitary containers and storage piles on any property within Broadmoor San Clemente shall be enclosed or fenced in such manner that such yards areas containers and piles will be obstructed from view from any neighboring property or Street Sanitary containers may be set out for reasonable period of time before and after sche duled trash pickup times
Section 15 Pc noxious or offensive trade or activity
shell be carried on upon eny portion of Broadmoor San Clcmente nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood
SectioniS All buildings and other structures within
Dreadnoor San clemonte and each portion thereof shall at all times be mnintaind in good condition and repair and well and properly painted No windows shall be covered with aluminium foil or similar material
Section 17 Other than the slope areas described in
Exhibit B1 hereof which are to be maintained by the Associa tion1 slope areas within emy Lot including any drainage de vices constructed thereon by Developer shall be maintained continuously by the Owner thereof in neat orderly and safe condition and in such manner as to enhance their appearance1 maintain established slope ratios1 prevent erosion and sliding problems and to facilitate the orderly discharge of water through drainage systems established by Developer No struc ture1 planting or other material shall be placed or permitted to remain or other activities undertaken within Broadmaor San Clcmcnte or any portion thereof which might damage or interfere with established slope fatios create erosion or sliding prob lens or interfere with established drainage functions or facil ities
Section 18 All landscaping of every kind and charac
ter including shrubs trees grass1 and other plantings shall be neatly trimmed properly cultivated and maintained continu ously by the Owner thereof unless otherwise provided for here in in nCSt and orderly condition and in manner to enhance i.ts appearance
Suction 19 No tree shrub or planting of any kind shall
be allowed to overhang or otherwise encroach upon any sidewalk or other pedestrian way from ground level to height of ten 10 feet without the prior approval of the Architectural Committee Section 20 No property within Broadmoor San Clemente
shall be used in any manner to explore for or to remove any mater oil or other hydrocarbons minerals of any kind gravel GARR1 42
Ex 16-14
8Xf224pg 6O
earth or any earth substance or other mineral of any kin machinery or equipment of any kind shall he placed operated or maintained upon any Lot on which is situated singlefamily dwelling except such machinery or equipment as is usual and customary in connection with the use end maintenance of pri vate residence Section 2l During reasonable hours and after reason
able notiny agent of Developer so long as it is an Owner of at least twentyfive percent 25% of the Lots or the Asso ciation hai1 have the right to enter upon and inspect Broadmoor San Ciemcrnte or any portion thereof end the improvements thereon for the purpose of ascertaining whether or not the pro visions of this Declaration are bieng complied with and shall not deemed guilty of trespass by reasons thereof
Section 22 building structure improvement or addi
tion excludiagETmneys md roof vents shall be constructed erected altered placed or permitted to remain on any portion of roadmoor San Clemente whicheceeds one story in height with maximum height of 17 feet Uo tree bush or shrub shall he placed or maintained upon any Lot described in Exhibit
attached hereto and incorporated herein by reference which exceeds 17 feet in height or upon any other Lot in Broadmoor Sn Clezuonte which exceeds 20 feet in height
ARPICEE VIII
L1IJTIES LW POWERS OF THE ASSOCIATIOH
Section In addition to the duties and cowers enu
merated thitsArticles and ByLaws or lsewhero provided for herein and without limiting the generalities thereof the Asso ciation shall
laintain or cause to be maintained the
ulop areas more particularly described in Exhibit uB Slope Contiol Areas and all landscaping thereon as originally im proved by Developer in neat safe sanitary and orderly con dition including the replacement of landsenoing when necessary or appropriate and in such manner as to enhance their ap pearence and to preserve established slope ratios prevent cr0 sion and sliding problems and facilitate the orderly discharge of water through established drainage systems
Enforce the provisions of this Declaration
by appropriate means including without limitation the expendi ture of funds of the Association the emoloyment of legal counsel ancU the commencement of actions
Cc Mainthin such policy or policies of insurance
as the Board of the Association deems necessary or desirable in furthering the purposes of and protecting the interests of the Association and its Members and
is
GARR1 43
Ex 16-15
BK 12246 6O
and maintain working capital and
contingency fund in an amount to be determined by the Board Section_2 Use of Agent The Board may employ man
ager or other percons and nay contract vfth independent con tractors or managing arefltS tO perform all or any part of the rIulies and rusponsbiiities of the Association provided that any contract with person or firm appointed as manager or managing ocment shall provide for the right of the Association to terminate the same at the end of the first year following the conveyance of the first Lot by Developer
Section Limitations The cost of any Slope Control
Area maintenance servccs caused by acts of God roL civil insurrection or by nay cause other than ordinary wear tear or deterioration shall be borne by the Owner for whose benefit the maintenance services were perforoed
The cost any Slope Control Area maintenance services
caused by the negligence or wilful misconduct of any Owner or his family members relativos nuests or invitees both minor and adult shall borne entirely by such Owner tio Owner shall provide or cause to be provided any of the maintenance services proviaerl by the Association
Section Entry The Association and its managers and
agents and oneloyces ll have the right1 after reasonable no tice and at reasonable hours to enter upon any Lot for the pur pose of perfoning itS duties and exercising its powers as Set forth in this Article VIII
ARrifLE IX
czsnorii
ton chnent Each Lot wi thAn Lhe Gri wino
Pt opc in heneby id have an easement over all adoin
irg property or the purpose accommodating any minor encroach sment dun to orig nnl ommgineorinm am surveying errors errors in original construction or settlement or shifting of buflding or other strUCtuic and for the purpose of maintaining such encroachmcn
Section Slope Control Area There shall be ciranted
to Lhe Asct t7 eanments over the Lots as more particularly shown and described in fbihiL for maintenance purposes as more particularly sot forth in Article \lIl Section 1a hereinabove Section deards
Creation of Easements Each Lot within the Orig nal rome Ly Thcept of Tract No 8597 shell have arm easement created thereon by grant or reservation six feet in width axtcnding from the front lot line to the roar lot line thereof as more particularly shown and described on the easement plan attached hereto as Exhibit iS and incnrporated herein by reference for the bene fit of the Lot including
of Tract No 8597 adjoining and abutting said easement
GARR1 44
Ex 16-16
1224P 603
Terms arid Conditions of Use Each such easement
shall ho used and oyed subject to the following terms and conditions
The easement shall be used only as general
recreational and garden area by the Owner of the Lot adjoining and abutting the easement and each such Owner shall have the right to enter upon the easement area for such purpose Such purpose shall include the right of such Owner to construct upon the easement area an uncovered concrete patio and estab lish and maintain landscaping and irrigation system thereon provided such patio and system shall he first approved by the Architectural Committee The easement area and every part thereot including the drainage system established by Developer its successors and assigns as part of the grading and original construction upon the Original Property shall be maintained continuously in neat and orderly condition by such Owner ii The Owner of the Lot on which the easement is
located nhal have the Eight at reasonable times upon reason able notice and in reasonable manner to enter upon the ease ment area for the purpose of maintaining repairing or restor ing the structural wall of his dwelling the structure of which it is part and the fence owned by him which adjoin and abut the easement
iii stolaga of any kind shall be permitted on
the easement nor shall any object or device of any kind be af fixed to the structural wall or fence adjoining and abutting the easement without the prior written consent of the Owner of such uall or fence
iv Except for the fences and structures estab lished by Developer or its successors and assigns as pert of the original construction upon the Original Property and ex cept as authorized by Section hereinabove no fence or
other structure of any kind shall he constructed within upon or adjacent to the easement
lv No planting or other material or authorized structure including patios shall he constructed altered placed or permitted to remain upon the easement area which may change the direction of flow of the drainage system established by Developer or its successors or assigns as part of the grading of and original construction upon the Original Property or which may obstruct interfere or retard the flow of water through such system The Owners of each Lot within the Drip- thai Property shall have the right to use the drainage system established within the easement adjoining and abutting their Lots for the purpose of draining their Lots including atriums providad Lhat such right of drainaqe shall not include the right to discharge noxious or offensive matter vi No use of the easement shall he made except as provided hereinabove GARR1 45
Ex 16-17
224 604
ARTICLE
GhNEEAL PHOVIS IONS
Section Duration The covenants conditions and
restrictions of this Declarntion shall run with and bind the real proporty within Broathnoor Sari Clomente and shall inure to the benefit of and be enforceable by the Association or the Owhnrs mci ucling Developer of any Lot subject to this Decla ration their respective legal representatives heirs sueces scm and assigns and are imposed upon the real property with in Broadmoor San Clernente servitude in favor of each and every parcel of land therein as dominant tenement for term of twenty 20 yearn from the date this Declaration is recorded after which time said covenants conditions and restrictions shall be automatically extended for successive periods of ten 10 years unless an inStrument signed by majority of the then OwneLs of the LoLs has been recorded witfi the Orange County Recorder agreeing to change said covenants conditions and restrictions in whof or in part
Section_2 Amendment The covenants conditions and
restrictions of this Decaration may be amended by an instrument in writinq signed by no less than the Owners of threefourths 3/4 of the Lots provided that Article VII Section 22 of this Declaration shall not be amended without the consent of the City councrl of San Clemente and provided .turther that until 1980 Article II hereof may not be amended without the consent of Developer Any amendment must be properly recorded
Section_3 Notices Any notice required to be sent to
any Member or Owner under the provisions of this Declaration shall he deemed to have been properly sent when mailed postage prcpaid to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailingS
Section_4 Enforcement Violation or breach of any
covenant corid3iilion or restriction herein contained shall give to the Devotopcr so tong as it is an Owner of at least twentyfive percent 251 of the tots or the Ilssociation the right to enter upon the procerty upon or as to which said violation or breath cxint nd to sumulaLily abate and romove at the ex pense of the Owner thereof any structure thing or condition that may exist thereon contrary to the intent and meaning of the provisions harcot and/or shall give to the Association or the Owner of any Lot including Developer the right to prose cute proceeding at law or in equity against the person or per sons who have violated or are attempting to violate any of these covenants conditions or restrictions to enjoin or prevent them from doing so to cause said violation to be remedied or to re cover damages for said violation The result of every action or omission whereby any cove nant condition or restriction herein contained is violated in whole or in part is hereby declared to be and to constitute nuisance and every remedy allowed by law or equity against an Owner either public or private shall be applicable against every such result and may be exercised by the Association or any Owner including Developer subject to these restrictions GARR1 46
Ex 16-18
224 605
in any legal or equitable proceeding for the enforcement cv to restrain the vioition these restriof inns or any pro visions hcveof the losing party or parties shall pay the attor neys feos of the prewdiling party or parties in such amount as may he fixed by the court in such proceedings All remedies pro vided herein or at Low or in equity shall ho cumulative and not exclusive
Failure by the Developer the Association or by any
Owner to enforce any covenant condition or restriction herein contained shall in no event be deemed waiver of the right to do so thereafter
Section Scvlit Invalidation of any one
those covnnants conTtions or restrictions by judgment or court order shall in no wise affect any other provisions which shall remain in full force and effeet
Section Broach of Restrictions Easements Condi
clone Covenants and Reservs.Areach of any of the ye
easements con itions covenants or reservations
herein contained shall nat defeat or render invalid the lien of ny mortqaga or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente hut said restrictions easements conditions covenants and ye servations shall be binding upon and effective against any Owner thereof whose title thereto is acquired by foreclosure trustees sale or otherwise
Section dins Section headings are inserted for
concnieff lony and are not intended to be part of this
document or in any way to define limit or describe the scope or intent of the particular section to which they refer Section Singular includes Plural Whenever the con
text of Ehis DdiaraETi requires simm the singular shall in clude the plural and the masculine shall include the feminine Section Construction The provisions of this Decla
ration sYIETtiberall to effectuate its purpose
of creating uniform nian for the development of residential community as aforesaid
Section 10 Obligation of Owners nd Members The terms
and provTsions set fohl this Declaration are binding upon all Owners of all Lots the Association and all Members in the Asso ciation In addition both the Member and the Lot owned shall be subject to the terms and provisions of the Articles and By Laws of the Association
Each Member shall cause the Association to exercise all of the powers and privileges and perform all of the duties and obligations of the Association as Set forth in this Declaration the Articles and By-Laws
Section IL Construction by Developer Wothing in this
Declaradoxi siITlimi ELe righto Developer to commence and complete construction of improvements to Broadmoor San Clamente or to altar the foregoing or the Lots or to construct such addi tional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente This Declaration shall not limit the right ot Developer at any time GARR1 47
Ex 16-19
WII224G 6C6
prior to acquisition of title by purchaser from Developer to establish on any Lot additional licenses reservationS and rig1iLsotwey to itself to utility companiesr or to others as may from time to time be reasonabi necessary to the proper development and disposal of Broadmoor San Clomente
ARTICLE Xl
ASS XOWMENT OF POWERS
any or all of the rights and powers and reurvnLionS of
DevefopLr herein contained may be qranted conveyed and assigned to any other corporation or association or person which is now organized or which may hereafter he organized and which will as sume Lhe duLies of Dovelopo hereunder partaininq to the partic ular rights and powers and reservations granted conveyed and assigned and upon any such corporation or association or per son evidencing its consent in writing to accept such grant conveyance and assignment and assume such duties it shall to the extent of such grant conveyance and assignment have the same rijhts and powers and be subject to the same obligations and duties as are given to and assumed by Developer heroin and thereupon Developer shall be relieved of the pertormance of any further duty nd of any further obligations heisunder
ARTICLE XII
If the City council oe the City of San Clemente City
reasonably determines at public hearing held after not less than Len 10 days prior wtitten notice to the Association that the Association has failed to perform any ot its duties under the Declaration the City shall have the right but not the obli qation to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such eorformance provided however that the City shell not exercise any of the rights granted under this Article XII unless after giving to the Association written notice of its determination that the Association has failed to perform its duties under the Declaration the Association does not cure such failure within thirty 30 days from the date of receipt by the Association of said notice In connection with any such performance by the City it may exercise any of the rights and powers granted to the Association under this Doclaration The reasonable costs Costs of any such performance
by the City shall he borne by the Association provided how evei that In the event such Costs are not paid to the City by the Association within sixty 60 days after the City has fur nished to the Association statement therofor the City shall have the right but not the duty to levy and collect uniform assessment against each Lat within Droadmoor San Clemonte to cover the Costs Any such assessment shall be governed by the provisions of Articles IV and of the Doclorution
IN WITNESS WhEREOF Droadmoor homes Inc the Developer
GARR1 48
Ex 16-20
BXI I224P 607
herein has caused ita name to be hereunder subscribed the day and yPar first above Written
BROADMOOR HOMES IUC
California corporation
By
Its
Its
GARR1 49
Ex 16-21
x1 224PS 608
STAFE OF CALIFOENIA
COUNTY OF ORANGE
On before me the undersigned
Wotary Public in and ior said State personally appeared known to me to
be the and
of BROADMOOR hOMES INC the corporation that executed the within instrument known to me to be the persons who executed the within instrumcnt on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its bylaws or resolution of its hoard of directors
WITNESS my hand and official seal
EL7ARETU WEIDMAN iiqotary Public
QTF
JOPALPj5
OXer
GARR1 50
Ex 16-22
Bffl224 609
The undersigned beneficiary
under that certain deed of trust recorded ________ 197 in Dook///d4 Page IiIqi/ Official Records Oraje County Californi7ereby consents to the within Declaration of Covenants Conditions and Restrictions for Broadmnor San Cleniente and hereby subordinates th lien of said deed of trust to the provisions con tained herein California corporation
ByIts
Its
STATE OF GALIFORNIA
COLThITY OF
On 1974 before me the undersigned
Notary Public iand for said County and State personally appeared own to me be the
nd
knpjn to me be the of
______ __________________ th norporatian that
cxife the within instrument and 1nown to me to be the persons who executed the within instrument on behalf of said corporation and acknowledged to me that said corporation executed the within instrument pursuant to its By-Laws or resolution of its board of Directors
WITNESS my hand and official 9041
OFCL SCAL
flY I-i MO$R
jNOTAflY PUlC CALIF NIA
arANct cJuNrv
My Coun ExprtJw 3O 976
23 GARR151
Ex 16-23
BXU224P LW RXHfl3IT
That portion of Sectton 28 and 33 Township South Range West in the City of San Clemente County of Orange State of California as per an Official Plat filed in the District Land Office January 1874descrihed as follows Beginning at the Northerly teroinus of that certln course shown as ll 151 17900 feet in the Northwesterly line of Lot 180 of Tract 110 898 as per map recorded in Book 28 pages through inclusIve of lliscellaneous i4aps in the office of the Counly Recorder of said County said point of beginning also being the Northerly terninus of that certain course shown as 11 15 001 17900 feet in the boundary of Tract No 5655 as per nap 10 recorded in I3ook 209 pages thrnugh inclusive of said Niscellaneous Naps thence along said Northwesterly link 83 26 21 262.07 feet to an angle 12 point in said Northwesterly line thence along the Northerly line of said Tract No 899 the Eel lowing courses 83 261 21 10000 feet Fl 73 41 29 14 29706 feet 68 41 3211 318.06 feet 52 57 12 51978 feet and 15 56 42 17 40283 fedt to the Most Northerly corner of Lot 118 of said 16 Tract No B9B thence along the Easterly line of the land described in the deed to San Clanente Scoo1 District recorded on March 14 1962 in Book 6033 18 cage 213 of Official Records of said County the following courseS 22 04 42 232.00 feet 32 501 37 35111 feet and 57 10 461 20 31754 feet to the Southeasterly line of the land described in the deed to 21 Visbek Industrial Park aCorporation recorded on December 12 1960 in 22 Book 5544 page 471 of said Official Records thence along said Southeasterly 23 line 51 21 15 43892 feet and 45 13 14 1502.03 feet to the boundary of Tract Mo 5691 as per reap recorded in Book 209 pages throuch 12 25 inclusive of said Iliscollaneous Uap thence along a1d boundary the following 26 courses 84 451 46 28.02 feet Southeasterly and Southerly along 27 tenpent curve concave Southwesterly with radius of 11700 feet through 28 central angle of 108 03 19 distance of 22065 feet Southwesterly along 29 Paqelof2
larch 29 1974
30 l73-45/JKSpai
L92 OR
31 Rev April 1974
it
GARR1 52
Ex 16-24
tl I224P 611
confound curve concave hortliwesterly with radius of 22000 feet through central angle of 25 43 20 distance of l025 feet tangnnt to said curve 49 59 53 15889 feet Southwesterly along tangent curve concave Southeasterly with radius of 330.00 feet through central angle of 40 59 31 distance of 23610 feet tangent to said curve 19 10 22 Il 286.07 feet Southeasterly along tangent curve concave Northeasterly with radius of 21000 feet through central angle of 70 011 36 distance of 256.66 feet tangent to said curve 61 01 14 18141 feet Southeasterly along tangent curve concave Southwesterly with radius of 48500 feet thrnuh central angle of 19 52 54 distance of 16830 feet Southeasterl along 11 reverse curve concave Northeastorly with radius of 695.00 feet through 12 central anglo of 19 53 26 distance of 24127 feet tangent to said cuvo 13 61 01 45 163.37 feet Southeasterly along tangent curvo ceecavc North 14 easterly with radius of 470.00 feet through central angle of 33 10 18 15 distance 27211 fret and tangent to said curve 85 47 56 10457 feet to the boundary of sai.1 Tract lb 5055 thence alcng said heundary the following coirsOs 85 47 55 7.12 feet 18 24 02 55507 fret Southerly end iB Southwesterly along tangent curve concave Westerly with radius of 6000 19 fACt through central angle of 93 49 14 bistance of 96.25 feet tangent to 20 said curve 75 25 12 4285 feet Southwesterly along tanrent curve 21 concave Southeasterly with radius of 44200 feet through central angle of 22 56 19 27 distance of 43450 feet tangent to said curve 19 05 45 23 121.22 ent Southerly alone tangent curve concave Easterly with radius of 242.00 feet through central angle of 35 51 10 distance of 151.43 feet 25 anl lecient to said curve 15 45 25 11960 feet to the point of beeirnlno 25 EXCEPTIIjg TIlEREFRUfl Lots 85 86 and Lots and 1fl of Tract l1 597 as 27 per on recorded In Rook pages to it inclusive of Hisceflaneous imps lB records of said 0ranq County
Page of 29
llarch 29 1974
30 l7345/JKSj
L92 09
31 Rev April 1974
32 GARR1 53
Ex 16-25
// \\
Lii
LU
-j
LU
_j dti cr ZO -4
LU ci
LU
LU
iE
GARR1 54
Ex 16-26
Jffl224C 62
THE EVENT OF ANY VAIUANCE
BETWEEN SLOPES AS SHOWN ON
IHIS PLAN THUSLY AND
SLOPES AS ACTUALLY FINALLY
ORADED ThE SLOPES AS FINALLY
GRADED WILL SUPERSEDE ThOSE
SHOWN ON THIS PLAN
EXHIBIT
LOPE CONTROL AREA PLAN
TRACT NO 8597
THE CITY OF SAN CLEHENTE
I73IS Jy
LII filE EVEIfT OF ANY VARLANC
HETWEEN THE SLOPES AS flOTIR
OH THIS FLAN TIIUSLY
MIO SLOPES AS ACTUALLY
ILIIALLY 6RAOED THE SLOPES
AS LHALLY GRADED WILt
fiiPTS THOSC SHOWN ON
511
f4I
BXII%24 61
/f
/i/TTZ if IfTJARR155
Ex 16-27
XHIBIT
SLOPE CONTROL AREA PLAN
TRACT NC GFRT
LIE ITY OF SA IC
REY da9I974
KjJ224pg 64
ttj
ARR156
III THE EVENT OF ANY VAR1ANCE BETWEEN TIlE SLOPES
AS SHOWN Oil OIlS PLAN THUSLY AND
SLOPES AS ACTUALLY FINALLY GRADED HE SLOPES
AS FINALLY GRADED WILL SUPERSEQE THOSE SHOON
ON THIS PLAN
14 85
TueII/t T4A 5/TI
Ex 16-28
bK1224p6 615
L5 52 tnrouh 57 c1uie of ho O.97 th
Sfl of Orart Stto of fornI on
na fiId in oo 344 11 Irc1usIE of Is ooo lops
rcord said Conty
12 13
15 17
18 19
20 21
22 23
24 25
26 27
28 974
173-45/cs 30
Tjlo in la 8597
31 ev July 1974
32 GARR1 57
Ex 16-29
LU
LU
LU ZO
LU
LU
fCe 80
GARR1 58
Ex 16-30
BKIi224pj
f/01 1tfD 1W/I/Wi f//0/W
1Wf
Jf1 11/111-9 O1Z/
EXHIBIT
SIDE YARD EASEMENT PLAN
IRACI NO 8597
IN IHE cir OF SAN CLFMkNTE
WO 173
I/LP.9jg74
4AD IAfltI
j//2h2Y D//T
Ji7 f7t1T ZIM/L
GARR1 59
Ex 16-31
FXHII3II
SIDE YARD EASEMENT PLAN
TRACI NO 597
IN TUE CITY OF SAN CLEMENTE
wo 735
/4I /N
fr E/cL4AE4T WI4
fNecL LJ
GARR1 60
fAtE/8f gi
Ex 16-32