Agenda packet — San Clemente City Council, March 18, 2025 (part 1 of 4)

910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org
Council Chambers
Mayor Knoblock
Mayor Pro Tem Enmeier
Councilmember Cabral
Councilmember Loeffler
Councilmember Wu
4:30 p.m. - Closed Session
5:30 p.m. - Business Meeting

CITY OF SAN CLEMENTE
Tuesday, March 18, 2025
City Council
Regular Meeting Agenda
Information concerning City Council Meeting protocols and procedures is contained at the end of this agenda.

RULES FOR ADDRESSING COUNCIL
• Members of the public may address the City Council on matters within the jurisdiction of the City of San Clemente.
• If you wish to address Council, please complete one of the blue speaker cards located at the entrance to the Council Chambers and turn it in to the City Clerk or Deputy City Clerk. • Persons wishing to address Council concerning an agendized item will be invited to address Council during the time that Council is considering that particular agenda item.

Persons wishing to address Council concerning a non-agendized issue will be invited to address Council during the “Oral Communications” portion of the meeting. • When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Please limit your presentation to three minutes.

MISSION STATEMENT
The City of San Clemente, in partnership with the community we serve, will foster a tradition dedicated to:

Maintaining a safe, healthy atmosphere in which to live, work and play; Guiding development to ensure responsible growth while preserving and enhancing our village character, unique environment and natural amenities; Providing for the City’s long-term stability through promotion of economic vitality and diversity…
Resulting in a balanced community committed to protecting what is valued today while meeting tomorrow’s needs.

CALIFORNIA ENVIRONMENTAL QUALITY ACT
The California Environmental Quality Act (“CEQA”) is the state law that requires the City to evaluate and document the potential environmental consequences of discretionary decision. (See, California Public Resources Code Sections 21000-21189.3; and the “CEQA Guidelines” at California Code of Regulations Title 14, Division 6, Chapter 3, Sections 15000-15387). For each item that requires a CEQA determination by the City Council, there is a reference to that determination on this agenda, and more information regarding the CEQA analysis is included in the documents that accompany this agenda. To the extent that City staff determines that particular items are not subject to CEQA, there will be no indication of a CEQA action on this agenda.

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1 City Council Regular Meeting Agenda March 18, 2025

DISCLOSURE OF CAMPAIGN CONTRIBUTIONS
Pursuant to Government Code § 84308, City Council Members are disqualified and not able to participate in any agenda item involving contracts (other than competitively bid, labor, or personal employment contracts), franchises, discretionary land use permits and other entitlements if the City Council Member received more than $500 in campaign contributions from the applicant or contractor, an agent of the applicant or contractor, or any financially interested participant who actively supports or opposes the City’s decision on the agenda item since January 1, 2023. Members of the City Council who have received, and applicants, contractors or their agents who have made, campaign contributions totaling more than $500 to a City Council Member since January 1, 2023, are required to disclose that fact for the official record of the subject proceedings. Disclosures must include the amount of the campaign contribution and identify the recipient City Council Member and may be made either in writing to the City Clerk before the agenda item or by verbal disclosure during consideration.

CLOSED SESSION (4:30 P.M.)
A. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code section 54956.9(a)(d)(2)
Number of Cases: 1
Facts and Circumstances per Government Code section 54956.9(e)(1): Facts and circumstances that might result in litigation against the City that the City believes are not yet known to a potential plaintiff or plaintiffs.

B. PUBLIC EMPLOYEE PERFORMANCE EVALUATION

1. Pursuant to Government Code section 54957(b)
Title: City Manager

2. Pursuant to Government Code section 54957(b)(1)&(4)
Title: City Attorney
BUSINESS MEETING (5:30 P.M.)

CALL TO ORDER
INVOCATION – Pastor Brieann Knutson, San Clemente Presbyterian Church

PLEDGE OF ALLEGIANCE

ROLL CALL

1. Special Presentations
Special Presentations will be heard prior to the Consent Calendar please reference page 6 of this agenda.

2. Council Member Reports

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2 City Council Regular Meeting Agenda March 18, 2025

3. Oral Communications (Part 1)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. Speakers may address Council once during either Oral Communications Part 1 or Part 2. A total time limitation of 30 minutes is allocated for Oral Communications Part 1, with each speaker being allotted 3 minutes in which to give his or her presentation. Speaker order is determined by the order in which speaker cards are provided to the City Clerk or Deputy City Clerk at the meeting. Speakers that cannot be accommodated during Oral Communications Part 1 will be invited to address Council during Oral Communications Part 2, which appears on this agenda as Item No. 12. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

4. Motion waiving reading in full of all Resolutions and Ordinances

5. Consideration of agendizing items requiring immediate action Per Government Code section 54954.2(b) and 54956.5. Any items agendized will be considered under New Business, unless otherwise determined by a majority vote of the City Council.

6. Closed Session Report - City Attorney

7. Staff Communications

8. Public Hearings
The Public Hearing process includes a staff presentation, a presentation by the applicant not to exceed ten (10) minutes, and public testimony (not to exceed three minutes per speaker). Following closure of the Public Hearing, the City Council will respond to questions raised during the hearing, discuss the issues, and act upon the matter by motion.
8A. CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF

BROADMOOR SAN CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE

CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&RS)
Continued public hearing to address non-compliance with the Covenants, Conditions, and Restrictions (CC&Rs) specific to the Broadmoor community.

Staff Recommendation

1. Open the public hearing, receive public testimony and comment, close the public hearing.

2. Following the public hearing, determine that the Broadmoor Association has initiated enforcement of its Covenants, Conditions, and Restrictions

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3 City Council Regular Meeting Agenda March 18, 2025
(CC&Rs), and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed.
8B. CONTINUED PUBLIC HEARING ON CONSIDERATION OF IMPLEMENTING A

NON-REFUNDABLE DEPOSIT FEE FOR GOLF TEE TIME BOOKINGS
Continued public hearing to consider the implementation of a booking deposit fee for the reservation of tee time at the San Clemente Municipal Golf Course. The proposed booking deposit fee of $10 per tee time aims to enhance reservation efficiency, reduce no-shows, and improve access for golfers seeking tee times. The deposit fee is proposed to be applied towards the total green fee at the time of golfer check-in with the Starter Office.

Staff Recommendation
Table the public hearing and take no further action at this time.

9. Unfinished Business
9A. INTRODUCTION (FIRST READING) OF AN ORDINANCE AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF THE MUNICIPAL CODE OF

THE CITY OF SAN CLEMENTE, RELATING TO THE BEACHES, PARKS AND

RECREATION COMMISSION, COASTAL ADVISORY COMMITTEE, HUMAN

AFFAIRS COMMITTEE, ARTS AND CULTURE COMMITTEE, AND PUBLIC

SAFETY COMMITTEE
Staff Recommendation
Conduct the first reading and introduce Ordinance No. 1789 entitled AN

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, AMENDING CHAPTERS 2.28, 2.29, 2.40, 2.45, AND 2.46 OF

THE MUNICIPAL CODE OF THE CITY OF SAN CLEMENTE, RELATING TO

THE BEACHES, PARKS AND RECREATION COMMISSION, COASTAL

ADVISORY COMMITTEE, HUMAN AFFAIRS COMMITTEE, ARTS AND

CULTURE COMMITTEE, AND PUBLIC SAFETY COMMITTEE,
RESPECTIVELY.

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4 City Council Regular Meeting Agenda March 18, 2025

10. New Business
10A. CONSIDERATION OF ADOPTING RESOLUTION 25-30 OR SUBMITTING A

LETTER OF OPPOSITION TO THE SOUTH COAST AIR QUALITY

MANAGEMENT DISTRICT (SCAQMD) REGARDING PROPOSED AMENDED RULES 1111 AND 1121
Staff Recommendation

1. Adopt Resolution No. 25-30 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, OPPOSING

THE SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD) RULES 1111 AND 1121, AS AMENDED, WITH DIRECTION TO THE CITY MANAGER TO SUBMIT THE RESOLUTION TO THE SCAQMD.

2. Authorize the Mayor to execute, and staff to submit, a letter in opposition to the South Coast Air Quality Management District (SCAQMD) Governing Board to reconsider proposed Rules 1111 and 1121 and implement a more feasible and flexible approach to reducing Nitrogen Oxide emissions (NOx) that considered the unique challenges faced by the City of San Clemente. 10B. REVIEW AND DISCUSSION ABOUT PAST CONTRIBUTIONS TO THE

MARINE UNIT SUPPORT BUDGET ITEM AND POTENTIAL INCREASE IN

CURRENT AND FUTURE ALLOCATIONS
(Agendized by Mayor Knoblock, with the support of Councilmember Loeffler and Councilmember Cabral at the March 4, 2025 City Council meeting.) Staff Recommendation
Receive and file the Administrative Report dated March 18, 2025 with direction to the City Manager to:

1. Reimburse the owner of the Bella Collina golf course for the shortfall for the activity for the 2nd Battalion 1st Marines.

2. Initiate a supplemental budget appropriation in the amount of $7,500 to increase the allocation to the Marine Unit Support to $25,000 with further direction to work to identify alternative funding and if no funding is available, to use the increase in the allocation for Marine Unit Support, but in no case shall expenditures exceed the allocation without additional approval by the City Council.

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5 City Council Regular Meeting Agenda March 18, 2025
Special Presentations
A. WARWICK GROUP CONSULTANTS PROJECT UPDATE
Presentation by Howard Marlowe, President and Dan Ginolfi, Senior Vice President, Warwick Group Consultants, concerning an update on funding for beach nourishment and related projects.

11. Consent Calendar
All items listed on the Consent Calendar are considered to be routine and will be enacted by one motion without discussion unless Council or Staff requests removal of an item for separate discussion and action.

A. City Council Minutes
Staff Recommendation:
(1) APPROVE THE CITY COUNCIL REGULAR MEETING MINUTES OF MARCH 4, 2025.

B. Commission/Committee Minutes
Staff Recommendation:

Receive and file the following:
(1) PLANNING COMMISSION REGULAR MEETING MINUTES OF
FEBRUARY 19, 2025.
(2) ZONING ADMINISTRATOR REGULAR MEETING MINUTES OF
MARCH 6, 2025.

C. Warrant Register
(1) APPROVE WIRE TRANSFER NOS.
3196 THROUGH 3203 AND WARRANT NOS.
602658 THROUGH 602821, PAID ON
2-21-25, IN THE AMOUNT OF $2,747,821.65
(2) APPROVE WARRANT NOS.
602822 THROUGH 602963, PAID ON
2-28-25, IN THE AMOUNT OF $4,009,262.79
(3) APPROVE WIRE TRANSFER NOS.
3204 THROUGH 3211 AND WARRANT NOS.
602964 THROUGH 603199, PAID ON
3-7-25, IN THE AMOUNT OF $3,071,256.31
TOTAL WARRANT REGISTER $9,828,340.75

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Payroll Register
APPROVE WARRANT NOS. 969
THROUGH 971 AND AUTOMATIC
DEPOSIT ADVISES 100947
THROUGH 101269, FOR THE PERIOD
2-3-25 THROUGH 2-16-25, PAID
ON 2-21-25, IN THE AMOUNT OF $507,122.24
APPROVE WARRANT NOS. 972
THROUGH 973 AND AUTOMATIC
DEPOSIT ADVISES 101270
THROUGH 101601, FOR THE PERIOD
2-17-25 THROUGH 3-2-25, PAID
ON 3-7-25, IN THE AMOUNT OF $528,399.88
TOTAL PAYROLL REGISTER $1,035,522.12
11D. CONSIDERATION OF A RESOLUTION APPROVING THE 2024 GENERAL

PLAN ANNUAL PROGRESS REPORT
Staff Recommendation

1. Adopt Resolution No. 25-31 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, APPROVING THE GENERAL PLAN 2024 ANNUAL PROGRESS REPORT.

2. Direct staff to submit the 2024 General Plan Annual Progress Report to the State of California as required by law.
11E. ESTABLISHMENT OF WEED ABATEMENT PROGRAM FOR 2025
Staff Recommendation
Adopt Resolution No. 25-32 entitled A RESOLUTION OF THE CITY

COUNCIL OF THE CITY OF SAN CLEMENTE, CALIFORNIA, PURSUANT TO SECTION 39561 AND 39562 OF THE CALIFORNIA GOVERNMENT

CODE DECLARING WEEDS, RUBBISH, REFUSE, AND DIRT UPON

STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY TO BE PUBLIC NUISANCES AND PROVIDING FOR THE ABATEMENT THEREOF.

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11F. CONTRACT AWARD - AS-NEEDED GEOTECHNICAL PLAN REVIEW

SERVICES
Staff Recommendation
Adopt Resolution No. 25-33, which will:

1. Award professional services agreements to LGC Geotechnical, Inc, GMU Geotechnical, Inc., and Verdantas, Inc. for on-call as-needed geotechnical plan check services.

2. Approve and authorize the City Manager to execute, Contract No. C25-13, by and between the City of San Clemente and LGC Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

3. Approve and authorize the City Manager to execute, Contract No. C25-14, by and between the City of San Clemente and GMU Geotechnical, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $80,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

4. Approve and authorize the City Manager to execute, Contract No. C25-15, by and between the City of San Clemente and Verdantas, Inc., providing for on-call as-needed geotechnical plan check services, for a term of three (3) years, in an amount not to exceed $30,000 annually, with two optional one-year extensions exercisable in the City Manager's discretion.

12. Oral Communications (Part 2)
Members of the audience who wish to address Council on matters that are within the jurisdiction of the City of San Clemente, but not separately listed on the agenda, may do so during the Oral Communications portion of the meeting. When invited by the Mayor, please step to the podium, and if you wish, state your name and the City in which you reside, and make your presentation, not to exceed three minutes. Under the Ralph M. Brown Act, the City Council cannot act on items raised during public comment but may respond briefly to statements made or questions posed, request clarification or refer the item to staff.

13. Future Agenda Items

14. Reports
A. Commissions and Committees
B. Council Subcommittee Updates
C. City Attorney
D. City Manager

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15. Adjournment
The next Regular City Council Meeting is scheduled to take place on April 1, 2025.

Closed Session will begin at 4:30 p.m. and the Regular Business Meeting will begin at 5:30 p.m. The meeting will take place in the Council Chambers, located at 910 Calle Negocio, 2nd Floor, San Clemente.

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CITY COUNCIL MEETING PROCEDURES

PRESENTATION OF WRITTEN MATERIALS TO COUNCIL
In order to ensure that Councilmembers have adequate time to consider written materials concerning agenda items, it is strongly recommended that such materials be submitted to the City Clerk by noon the date preceding the Council meeting.

MEETINGS RECORDED AND TELEVISED
City Council meetings are broadcast live and are replayed periodically on Cox Communications Local Access Channel 854. Meetings are also available for live-stream or post meeting viewing from the City’s website.

Meetings are also recorded via audio CD and/or DVD and retained as a City record in accordance with the City’s records retention schedule.

USE OF ELECTRONIC VISUAL AIDS BY PUBLIC AT MEETINGS
To allow staff adequate time to confirm software compatibility, individuals wishing to utilize electronic visual aids to supplement their oral presentations at the meeting, must submit the electronic files to the City Clerk by no later than 12:00 p.m. on the day of the meeting. Only compatible electronic formats will be permitted to be used on City audio/visual computer equipment. Staff makes no guarantee that such material will be compatible, but will use its best efforts to accommodate the request.

LENGTH OF MEETINGS
At 11:00 p.m., the City Council will determine which of the remaining agenda items can be considered and acted upon at this meeting and will continue all other agenda items to a future meeting.

AMERICANS WITH DISABILITIES ACT
Pursuant to the Americans with Disabilities Act, persons with a disability who require a disability-related modification or accommodation in order to participate in a meeting, including auxiliary aids or services, may request such modification or accommodation from the City Clerk at (949) 361-8200. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to the meeting.

COMMUNICATION DEVICES
To minimize meeting distractions and sound system interference, please be sure all personal communication devices are turned off or on silent mode.

MEETING SCHEDULE
Regular Council Meetings are held on the first and third Tuesdays of each month in the Council Chambers, located at 910 Calle Negocio, 2nd floor, San Clemente. Closed Session are considered at 5:00 p.m. and the Business Meeting begins at 6:00 p.m. Additional meetings of the City Council may be called as needed.

AGENDAS, ADMINISTRATIVE REPORTS AND SUPPLEMENTAL WRITTEN MATERIALS Agendas and Administrative Reports are available for review and/or copying at the City Clerk’s Department as soon as agendas are posted, by accessing the City’s website at www.san-clemente.org. An “Inspection Copy” of agenda materials is also located at the entrance to the Council Chambers during meetings for public review. All written material distributed to a majority of the Council after the original agenda packet was distributed is available for public inspection in the City Clerk’s Department, located at 910 Calle Negocio, San Clemente, during normal business hours.

The City Clerk’s Department offers an agenda packet subscription service free of charge. If you wish to receive email copies of City Council agendas, which include hyperlinks to staff reports and other back-up material, register at http://san-clemente.org/enotification.

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10 910 Calle Negocio
2nd Floor
San Clemente, California
www.san-clemente.org

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING
CITY OF SAN CLEMENTE 1
Meeting Date: March 18, 2025 Agenda Item: 8A.

Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

CONTINUED PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN

CLEMENTE COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. The CC&Rs provide that the City would first seek recoupment of these costs from the HOA itself, and if they fail to comply, then as a uniform assessment against all properties within the HOA. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

The first public hearing on this matter was held at the November 19, 2024 City Council meeting.

At that time, the City Council continued this item to a future meeting to allow the Broadmoor Association and the Calle Felicidad homeowners (“Felicidad homeowners”) time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community. On January 14, 2025, the City Council directed staff to return this item for consideration at a City Council meeting in March, 2025.

This report provides a discussion of the events that have transpired since November 19, 2024, and options for City Council consideration in addressing this matter. Attachment 2 provides a copy of the agenda report presented on November 19, 2024, which includes additional detail on the background of this issue. Attachment 3 provides an excerpted copy of the minutes for the November 19, 2024 City Council meeting.
11 Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 2
Discussion:

After the November 19, 2024 City Council meeting, staff facilitated initial contact between the Broadmoor Association’s legal representatives and HOA managers, and the Felicidad homeowners.

On February 4 and 5, 2025, the Broadmoor Association’s legal representatives sent individual emails to the Felicidad homeowners specifying the process the Broadmoor Association had developed to address the issue and indicating how they could initiate this process. A copy of one of these emails is provided as Attachment 4.

On February 5, 2025, the Broadmoor Association’s legal representatives also sent a letter to the City Council concerning this process, including additional details not provided to the Felicidad homeowners, and their opinion that due to the process provided to address the Felicidad homeowners’ complaints that “the City Council cannot reasonably determine that the Association has failed to perform its duties under the Declaration [CC&Rs].” A copy of this letter is provided as Attachment 5.

According to the emails sent to the Felicidad homeowners and the letter sent to the City Council, the Broadmoor Association has established a procedure whereby the Felicidad homeowners may submit a complaint to the Association’s Community Manager about “a tree or other structure on a neighboring property along Calle Delicada [which] exceeds 17 feet in height and is directly impacting [their] view in a significant way.” Upon receipt of a complaint, “a representative from Compass Property Management and the Association will review [the] complaint” and if a violation of the CC&Rs is found, the Broadmoor Association will take “appropriate enforcement action with the property owner.” While the emails to Felicidad homeowners include a note that “this process may take between 60 to 180 days or more, depending on the circumstances,” the letter sent to the City Council includes a much more potentially arduous process.

The letter sent to the City Council from the Broadmoor Association’s legal representatives, dated February 5, 2025, expands on the process provided in the emails to the Felicidad homeowners.

That letter indicates that after the Broadmoor Association receives and confirms a complaint, and is unable to abate the violation through their administrative process, that the Broadmoor Association then would offer an Internal Dispute Resolution (IDR) meeting between the Association and the property owner. If that is unsuccessful at resolving the issue, then the Broadmoor Association would offer Alternative Dispute Resolution (ADR), a formal arbitration hearing. According the letter, if the ADR process is refused by the property owner, the Broadmoor Association may then proceed with litigation, which may take, “anywhere from 12 to 24 months or longer to complete.” The letter goes on to state, that “[the] City Council and Calle Felicidad owners are greatly mistaken if they believe the Association can just go and cut down a tree on private property in the next 30 days.”
In City staff’s review of this matter, there are a number of statements made by the Broadmoor Association’s legal representatives to the Felicidad homeowners and the City Council that are inaccurate, or create an unnecessarily burdensome process.

First, the Broadmoor Association states that they will investigate complaints that include (1) an allegation of a violation of the CC&Rs related to the height of the tree, and (2) an unreasonable 12 Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 3
impact to a Felicidad homeowner’s view. It was clear at the November 19, 2024 meeting that the City Council was concerned about the existence of violations of the CC&Rs that were required to be included pursuant to the Broadmoor development’s entitlements. Though the issue was raised due to the existence of view obstructions, the City Council’s discussion centered on a desire for the parties to resolve those CC&R violations. While the process provided by the Broadmoor Association is similar to the process to address complaints from its own HOA members, violations do not also require a specific, adverse impact (such as view obstructions) to be out of compliance with the CC&Rs; they simply provide for a height limit. It is an unnecessary addition to require that the violations at issue also include establishing a subjective determination of an adverse impact based on that violation of the CC&Rs.

Second, the Broadmoor Association’s legal representatives state that the Association cannot “go on to private property and trim or remove these trees.” However, Article VIII, Section 4 of the CC&Rs provides that: “[the] Association and its managers and agents and employees shall have the right, after reasonable notice and at reasonable hours, to enter upon any Lot for the purpose of performing its duties and exercising its powers as set forth in this Article VIII.” Article X, Section 4 similarly provides: “the Association [has] the right to enter upon the property upon or as to which said violation or breach exists and to summarily abate and remove, at the expense of the Owner thereof, any structure, thing or condition that may exist thereon contrary to the intent and meaning of the CC&Rs.”
Third, the Broadmoor CC&Rs do not contain any requirements stating that the HOA must exhaust internal remedies, such as IDR or ADR, prior to filing a lawsuit. In contrast, Article X, Section 4 specifically states that the HOA has the “right to prosecute a proceeding at law or equity against the person or persons who have violated or are attempting to violate” the CC&Rs (Attachment 2, Exhibit B). Furthermore, these internal mediation options are required only if a party triggers it. If the violating homeowner does not request an internal dispute procedure, the Broadmoor Association is not required to participate in one. In addition, if the Broadmoor Association did file a lawsuit, they would seek an injunction ordering the homeowners to comply with the CC&Rs – assuming the Broadmoor Association does not enter the premises and abate the violation themselves. The requirements for ADR do not apply to cases seeking an injunction, so that process would not be applicable in that case.

Today, at least 9 of the 19 lots on Calle Delicada have trees that remain non-compliant with the height restrictions in the CC&Rs. At this time, the Felicidad homeowners continue requesting City assistance in requiring enforcement of the CC&Rs.

The City’s enforcement authority is identified within Article 12 of the Broadmoor Association’s CC&Rs, “Powers of the City of San Clemente”, which provides:

CITY OF SAN CLEMENTE 4
its ability to reassume such performance; provided, however, that the City shall 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 Declaration.

The reasonable costs (“Costs”) of any such performance by the City shall be borne by the Association provided however that in the event such Costs are not paid to the City by the Association within sixty 60 days after the City has furnished to the Association a statement therefor, the City shall have the right but not the duty, to levy and collect uniform assessment against each Lot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Articles IV and V of the Declaration.

On March 6, 2025, the City sent via certified and regular mail, and email, a notice of this continued hearing to the Broadmoor San Clemente Community Association, and to its legal representatives via email, pursuant to Article 12 (Attachment 6).

Conclusion
There is substantial evidence that the Broadmoor Association and homeowners on Calle Delicada are responsible for maintaining their landscaping at, or below, the height limits contained within the Broadmoor Association’s CC&Rs. Both the Broadmoor Association and the City have enforcement authority to ensure height limitations per Broadmoor Association’s CC&Rs are maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed Resolution 24-173 (Attachment 1) to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
 The City Council could determine that the Broadmoor Community Association is in the process of initiating enforcement of its CC&Rs, and continue the public hearing to a date certain, such as September 16, 2025, on the condition and to allow the Association’s process to continue according to the timelines stated in their emails to the Felicidad homeowners. As 14 Meeting Date: March 18, 2025 Agenda Item: 8A.

CITY OF SAN CLEMENTE 5
part of this option, staff recommends that the City Council provide direction to the Broadmoor Association that violations are expected to be abated prima facie (on their face), not on the basis that they also require the subjective determination that one’s view is also being obstructed, and that enforcement is to occur in as expedited a manner as the law permits; or  The City Council could decide to not intervene in this matter further, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City should assume the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Environmental review was conducted during the original discretionary review of the tract map applications. No changes to the original approvals are proposed, only the maintenance of those approvals, so this action does not constitute a project under CEQA. In the alternative, the City Council could find this project exempt from the requirements of CEQA pursuant to CEQA Guidelines Section 15321 (Class 21: Enforcement Actions).

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Association has initiated enforcement of its CC&Rs, and continue the public hearing to September 16, 2025, to allow the Broadmoor Association’s process to continue according to their specified timelines, and direct the Broadmoor Association to abate violations prima facie, not subject to a determination that a Felicidad homeowner’s view is obstructed.
..end
Attachments:

1. Resolution 24-173

2. Agenda Report and Exhibits, dated November 19, 2024

3. Minutes of the November 19, 2024 City Council Meeting, Excerpted

4. Example of Email from Broadmoor Association’s Legal Representatives to Calle Felicidad Homeowners, dated February 4, 2025, Redacted

5. Letter from Broadmoor Association’s Legal Representatives to City Council, dated February 5, 2025

6. Notice of Public Hearing of March 18, 2025 to Broadmoor Association

7. Email from Broadmoor Association to Calle Felicidad Homeowners, dated March 11, 2025

8. Correspondence from Calle Felicidad Homeowners
Notification:

Broadmoor San Clemente Community Association
15 Attachment 1
RESOLUTION NO. 24-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS FAILED TO PERFORM ITS
ENFORCEMENT DUTIES UNDER THE ASSOCIATION’S

COVENANTS, CONDITIONS, AND RESTRICTIONS AND

FAILED TO CURE SUCH FAILURE, AND ASSUMING AND
ASSIGNING THE CITY’S ENFORCEMENT AUTHORITY OF

THE HEIGHT LIMITS FOR TREES ON PROPERTIES
LOCATED BETWEEN 201 AND 327 CALLE DELICADA, SAN
CLEMENTE, CA 92672 TO THE OWNERS OF PROPERTIES
LOCATED BETWEEN 201 AND 337 CALLE FELICIDAD, SAN
CLEMENTE, CA 92672
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (CC&Rs), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and
WHEREAS, the City issued a demand letter to the Broadmoor Association on June 26, 2024 identifying the non-compliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days’ notice to cure its failure to enforce its CC&Rs; and
WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, 16 Resolution No. 24-173 Page 2
“Powers of the City of San Clemente,” which requires that the City Council conduct a public hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties, and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

WHEREAS, at the November 19, 2024 City Council meeting, the City Council continued the hearing to a future meeting to allow the Broadmoor San Clemente Community Association and the Calle Felicidad homeowners time to mediate and resolve the issues concerning the trees exceeding the height limitations within the Broadmoor Association community.

WHEREAS, on January 14, 2025, the City Council directed staff to return this continued public hearing item for consideration at a City Council meeting in March, 2025.

WHEREAS, on March 18, 2025, the City Council held the continued public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitations are true and correct and incorporated herein.

Section 2. That the City Council finds and determines that the Broadmoor San Clemente Community Association has failed in its enforcement duties under the Association’s CC&Rs with respect to height limits for trees and bushes and failed to cure such failure for more than thirty (30) days following receipt of notice of the same.

Section 3. That, pursuant to Article XII of the Broadmoor San Clemente Community Association’s CC&Rs, the City Council hereby assumes the performance of the duties that the Broadmoor San Clemente Community Association has failed to perform regarding enforcing the height limits specified for trees and bushes applicable to private properties located between 201 and 327 Calle Delicada, San Clemente, CA 92672 (specifically, Section 3 of the Supplemental CC&Rs) and assigns the same and all rights of the City under the Broadmoor San Clemente Community Association’s CC&Rs in connection therewith to the owners of properties located between 201 and 337 Calle Felicidad, San Clemente, CA 92672.

Section 4. That staff is authorized and directed to negotiate and execute such 17 Resolution No. 24-173 Page 3
documents, in a form acceptable to the City Manager and the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.

Section 5. That the City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
18 Resolution No. 24-173 Page 4

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

CITY OF SAN CLEMENTE )
I, LAURA CAMPAGNOLO, City Clerk of the City of San Clemente, California, do hereby certify that Resolution No. 24-173 was adopted at a regular meeting of the City Council of the City of San Clemente held on the _______ day of _______________________, _________, by the following vote:

AYES:

NOES:

ABSENT:

AGENDA REPORT

CITY OF SAN CLEMENTE

CITY COUNCIL MEETING

CITY OF SAN CLEMENTE
Meeting Date: November 19, 2024 Agenda Item: 8F
Submitted By: Community Development
Prepared By: Adam Atamian, Community Development Director Subject:
..titl e

PUBLIC HEARING REGARDING THE FAILURE OF BROADMOOR SAN CLEMENTE

COMMUNITY ASSOCIATION TO ENFORCE CERTAIN COVENANTS, CONDITIONS AND RESTRICTIONS (CC&Rs)
..body
Fiscal Impact:

Should the City Council resolve to assume the enforcement of the Broadmoor San Clemente Community Association’s covenants, conditions, and restrictions (“CC&Rs”), City staff would anticipate significant out-of-pocket expenses for legal services estimated at between $200,000 and $250,000. The CC&Rs also provide that the prevailing party, whether the City or the defendants, is entitled to their attorney’s fees, so these out-of-pocket costs for legal services may be reimbursed if the City prevails. However, if the City does not prevail in litigation, the total cost for legal services could exceed $500,000, especially if appeals are filed in the matter. There may be other costs associated with City staff time, but those costs are dependent on the degree of staff assistance in addressing the CC&R violations and cannot be calculated at this time. Staff’s recommendation to assign enforcement rights to the neighboring property owners would not incur such costs, and are anticipated to be approximately $2,000 for legal services in connection with effectuating the assignment.

Summary:

There are tree height limitations contained within the Broadmoor San Clemente Community Association’s (“Broadmoor Association”) CC&Rs that the Broadmoor Association has failed to enforce. These height limitations contained in the Broadmoor Association’s CC&Rs were required to be included pursuant to the City’s approval of the Broadmoor development, at the request of the property owners who lived adjacent to that development at the time that it was proposed, including owners of the lots on Calle Felicidad. Current property owners on Calle Felicidad, upslope from the Broadmoor Association, and not within it, have complained, and pursued civil litigation, to require the enforcement of the Broadmoor Association’s CC&Rs related to tree heights. At this time, the Calle Felicidad homeowners are requesting City assistance in requiring enforcement of the CC&Rs to preserve their private views.

Background:

The Broadmoor Association consists of multiple tracts developed around 1976 on the slope above San Clemente High School. During the public hearings related to these tract map approvals, neighboring homeowners above the Broadmoor development expressed concern about the potential loss or obstruction of their ocean views. Residents upslope, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes. The 1 Attachment 2
20 Meeting Date: November 19, 2024 Agenda Item: 8F

CITY OF SAN CLEMENTE
City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits, such as tract maps. Tract 8963 was approved without any explicit conditions related to views, but the final Broadmoor development’s CC&Rs do limit tree heights, among other development standards.

Negotiations During Tract Map Review:

Residents on Calle Felicidad, and other upslope property owners, invested in efforts to protect their views since the beginning of Broadmoor’s development. Development efforts for Tract 8963 stalled in 1973. Per the City Engineer at that time, the Environmental Impact Report revealed Calle Delicada was not wide enough to meet City standards. Calle Felicidad property owners, through meetings with the Developer of the Broadmoor tracts, were able to facilitate approval of the Broadmoor development by supporting two modifications to the development proposal (discussed in further detail in the following paragraph) enabling Tract 8963 to meet the City’s development standards. In exchange, language in the developer’s approval documents would provide upslope property owners, including Calle Felicidad, with view protection.

Per declarations submitted by four involved parties in those negotiations (Attachment 4), a meeting occurred in November of 1973 to discuss compromises that would create adequate building-pad sizes for the Calle Delicada lots and satisfy residents upslope. These upslope homeowners allowed Broadmoor’s developer to recontour and steepen their downhill slope to make room for the Broadmoor development. They also supported a variance request to have sidewalks on only one side of Calle Delicada.
212
Meeting Date: November 19, 2024 Agenda Item: 8F

CITY OF SAN CLEMENTE
In exchange for supporting the Broadmoor developer in their efforts to construct Tract 8963, residents on Calle Felicidad requested that the Broadmoor CC&Rs include height restrictions in return. The Broadmoor developer agreed to add a height limit to houses, landscaping, and structures in the Broadmoor Association. The City’s approval of the development also required these CC&Rs with provisions for height restrictions as a condition of approval for Tract 8963. The supplemental declaration to the Broadmoor Association’s CC&Rs, recorded in 1976, states as follows:

Lots 1 through 19, inclusive, of Tract 8963… No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered placed or permitted to remain on any portion of the property which exceeds one story in height with a maximum of 17 feet. No tree, bush, or shrub shall be placed or maintained upon (i) any Lot described in Exhibit “A”, attached hereto and incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.

Litigation and Interpretation:

There is an ongoing dispute between residents on Calle Felicidad and Calle Delicada regarding enforcement of the height restrictions outlined in the section above. In 2018, legal representatives for residents on Calle Felicidad requested that the City enforce height restrictions in the Broadmoor Association, citing the City’s right to enforcement under the CC&Rs (Attachment 5).

The City Attorney advised that the City lacked the resources to use this enforcement authority in any but the most egregious cases, and agreed to provide declarations or documents in a civil matter and facilitate entry into the right of way to abate the non-compliance (Attachment 6).

A resident on Calle Felicidad engaged in civil litigation the next year, 2019. However, in 2024, the court ruled in favor of the defendants, citing that, while the City and Broadmoor Association have the authority to enforce height restrictions in the Broadmoor Association, the plaintiff (Calle Felicidad homeowner) does not. See Attachment 9 for a copy of the court’s decision. During this time frame, the plaintiff’s legal representation further requested that the City exercise its enforcement authority (Attachment 7). City Council declined to do so on June 21, 2021, and the City Attorney sent a letter to the plaintiff’s attorney reiterating this position (Attachment 8).

Current Status of Issue:

Today, at least 9 of the 19 lots in Tract 8963 have trees that are not compliant with the height restrictions in the CC&Rs, as well as many other trees on other streets in the Broadmoor Association. Some examples of the non-compliant trees are presented in Attachment 11.

Residents of Calle Felicidad have asked the Broadmoor Association to enforce the height restrictions on these lots, and to-date have not been successful in those attempts. 223
Meeting Date: November 19, 2024 Agenda Item: 8F

CITY OF SAN CLEMENTE
With the court’s ruling limiting their options, the Calle Felicidad homeowners have continued to request the City exercise its enforcement authority. The City sent a letter to the Broadmoor Association on June 26, 2024, demanding abatement of the over-height vegetation in their association within thirty (30) days and providing notice and an opportunity to cure its noncompliance and failure to perform its obligations under its CC&Rs (Attachment 10). The actions requested of the Broadmoor Association have not occurred and ample time has been provided to the Broadmoor Association to address this matter.

The City’s enforcement authority is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente”, which provides:

If the City Council of the City of San Clemente (“City”) reasonably determines at a public hearing held after not less than then (10) days prior written notice to the Association that the Association has failed to perform any of its duties under the Declaration, the City shall have the right, but not the obligation, to thereafter assume the performance of any such duty until such time as the Association demonstrates its ability to reassume such performance; provided, however, that the City shall 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 Declaration.

On November 8, 2024, the City sent via certified and regular mail, and email, a notice of this hearing to the Broadmoor San Clemente Community Association pursuant to Article 12 (Attachment 12).

CITY OF SAN CLEMENTE
maintained in compliance. For the City to exercise its powers under the CC&Rs, the City Council would need to conduct the public hearing and determine that the Broadmoor Association has failed to enforce its CC&Rs and failed to cure such non-performance. Upon such determination, the City Council has multiple options, listed below, to consider. Staff’s recommendation is based on the City’s past practice of not enforcing private CC&Rs and of the significant expense anticipated to address landscaping blocking private views.

Council Options:

After conducting the public hearing,
 The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and adopt the proposed resolution to assume and assign its enforcement authority to another party, such as homeowners on Calle Felicidad, effectively allowing that party or parties to act on behalf of the City to enforce the CC&Rs; or
 The City Council could decide to not intervene in this matter, whether or not it declares the Broadmoor Association has failed to enforce its CC&Rs and failed to cure; or  The City Council could determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure its nonperformance and that the City is assuming the performance of such duties under the CC&Rs, and request staff to return to a future City Council meeting with a resolution declaring such if the Broadmoor Association does not cure the violations in the interim.

Environmental Review/Analysis:

Recommended Actions:

Staff Recommendation ..recommendation
Staff recommends that the City Council open the public hearing, receive public testimony and comment, close the public hearing and determine that the Broadmoor Community Association has failed to enforce its CC&Rs and has failed to cure such non-performance and adopt Resolution No. 24-173, assuming and assigning its enforcement authority to the Calle Felicidad property owners.
..end
Attachments: EXHIBITS

1. Resolution 24-173

2. Broadmoor Community Association’s CC&Rs

3. Broadmoor Community Association’s Supplemental CC&Rs for Tract 8963 of Broadmoor

4. Declarations of Laurence Lizotte, Sally Sargent, Jay Rice, and Susan Rice

5. Letter from Michael Tidus, Esq. to City dated July 16, 2018

6. Letter from City Attorney to Michael Tidus, Esq. dated November 5, 2018 5 A
B
C
D
E
F
24 Meeting Date: November 19, 2024 Agenda Item: 8F

CITY OF SAN CLEMENTE

7. Letter from Michael Tidus, Esq. to City dated May 17, 2021

8. Letter from City Attorney to Michael Tidus, Esq. dated June 30, 2021

9. Superior Court Statement of Decision (2/9/2024)

10.City Code Enforcement Demand Letter (6/26/2024)

11.Examples of Non-Compliant Trees

12.November 8, 2024 email and Notice of Public hearing to Broadmoor Community Association Notification:

Broadmoor San Clemente Community Association
6 G
H
I
J
K
L
25 Attachment 1
RESOLUTION NO. 24-173

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

SAN CLEMENTE, CALIFORNIA, DETERMINING THAT THE

BROADMOOR SAN CLEMENTE COMMUNITY

ASSOCIATION HAS FAILED IN ITS ENFORCEMENT
DUTIES UNDER THE ASSOCIATION’S COVENANTS,

CONDITIONS, AND RESTRICTIONS AND FAILED TO CURE

SUCH FAILURE, AND ASSUMING AND ASSIGNING THE
CITY’S ENFORCEMENT AUTHORITY OF THE HEIGHT

LIMITS FOR TREES ON PROPERTIES LOCATED BETWEEN
201 AND 327 CALLE DELICADA, SAN CLEMENTE, CA 92672

TO THE OWNERS OF PROPERTIES LOCATED BETWEEN
201 AND 337 CALLE FELICIDAD, SAN CLEMENTE, CA
92672
WHEREAS, Broadmoor San Clemente Community Association consists of multiple tracts developed around 1976; and
WHEREAS, during the public hearings related to the Broadmoor San Clemente Community Association development’s tract map approvals, adjacent existing homeowners above the development expressed concern about the potential loss or obstruction of their ocean views; and
WHEREAS, these adjacent property owners, including those on Calle Felicidad (part of a development that was approved in 1966), requested that measures be put in place to protect their views if they were to support the development below their homes; and
WHEREAS, the City’s municipal code does not protect private views; however, views can be considered during reviews of discretionary permits such as tract maps; and WHEREAS, Tract 8963 was approved with a condition requiring height limitations be incorporated into the final development’s covenants, conditions, and restrictions (CC&Rs), which, as recorded in 1974 along with a Supplemental Declaration in 1976 (“Supplemental CC&Rs”), do limit the height of development and landscaping; and WHEREAS, multiple lots in Tract 8963 have trees that are not compliant with the height restrictions in Broadmoor CC&R’s; and
WHEREAS, the City issued a demand letter on June 26, 2024 identifying the noncompliance with the Broadmoor San Clemente Community Association’s CC&Rs and demanding the abatement of these violations through performance of its duties as indicated within its CC&Rs, which provided the Broadmoor San Clemente Community Association with at least thirty (30) days notice to cure its failure to enforce its CC&Rs; and WHEREAS, the City’s enforcement ability is identified within Article 12 of the CC&Rs, “Powers of the City of San Clemente,” which requires that the City Council conduct a public 7 EXHIBIT A
26 Resolution No. 24-173 Page 2
hearing to determine whether the Broadmoor San Clemente Community Association has failed to enforce any provisions of its CC&Rs, prior to the assumption of any such enforcement duties and to provide at least ten (10) days’ prior written notice of such hearing; and
WHEREAS, on November 8, 2024, the City duly gave notice to the Broadmoor San Clemente Community Association of such a hearing; and
WHEREAS, on November 19, 2024, the City Council held a public hearing regarding the Broadmoor San Clemente Community Association’s failure to perform its duties under the CC&Rs and heard and considered the staff report and all written and verbal comments from the public received before or presented at such hearing.

NOW, THEREFORE, the City Council of the City of San Clemente does hereby find, determine and resolve as follows:

Section 1. That the above recitations are true and correct and incorporated herein.

Section 4. That staff is authorized and directed to negotiate and execute such documents, in a form acceptable to the City Attorney, and take such actions as may be necessary and proper to effectuate the assignment set forth in Section 3.

Section 5. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.

PASSED AND ADOPTED this _____ day of ____________________, _______.

ATTEST:
___________________________ __________________________
City Clerk of the City of Mayor of the City of San
San Clemente, California Clemente, California
278
Resolution No. 24-173 Page 3

STATE OF CALIFORNIA )
COUNTY OF ORANGE ) §

AYES:

NOES:

ABSENT:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Clemente, California, this _____ day of _________________, ________. __________________________
CITY CLERK of the City of
San Clemente, California
Approved as to form:
______________________________
Elizabeth A. Mitchell, City Attorney
289
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
10 BK i I 224PG 587
twrn:;••·
IULI :1 :.,
,,, ~o:-· r--:, f'Y
"' i,.
r,!CC( ,,m, D 11; O!TICl,\L m::cor/Ofl
RECORDING REQIJES'l:'ED (H?1\!lGE COUN fY, CALIFORNIA
BY
AND 's,1"iEl·l 7'.ECORDED MAIL •,ro:
1700J L~v~ne Boulevard
Tustin, California 92780
Attention: Hr. TJi.,rry R, ',L:zotte
2:X)VENAN'l'S, ~01:!Q!JJ:OIJS A.ND RI:STRICTIO~JS
2 P.M. AUG J!I 1974
i'lH.EREAS, DevcJ.or,e::-: ic, tlle owner of certain real prop- ,,rt.y :tocated in the Cit;, of -~;an Clemente, County of ;)r,,r:qc, St;-1t(1 of Cc::l iforn:La, more l:,'..trti:,ul.1rly desc1:i,bnd c:1s f,;Jllowr. i Lots 34 tLrough 7 3 of 'l'ract 8507 .lS shown
on a 7:1ap re';£rded in. Book _344 1 Pages .]_ t',rou9'1 U , incl us l ve, of Miscellaneous '.•:aps, Records of orange County, ca~i!orni.a (the "Property");
\.'HER:C~A.S, Developer desires to create on the Property ai:d ,;m,h adliitic:ts t:i,,r,-b;, a.,.; m.:iy be mad,~ pur:,uant to .!\rticle II hereof ("Additions:") a --e,1identi,1l 1 .. :omr:mniL:y W'it:h sL::•p,c .,re,-i m.:tintirnancc ':or the benefit •Of the cmrnn,mlLy; and Wifr:F.E:AS, Dc?v,:': !o;:e·:· h,1s ,·1c,,mcd Lt d(c:3ir.i!,te t,·, j 11p,,tw a general pLHl tor the ir.i~rovement and clc?,'l i,o•.,.,:·, ",t of the l',O:,::ct'.)' ,.md i\Jditions and to adopt and estall.i,i,,r, 0::uvenants, cnntiU:ion::; ;:.i1d testrictions upon the Property and .=cdditio:u: to1· '·'.·.-:, pucp:Js,'! of enforcing and protecting the value, de,;ira;.;;:.:1 i!:f 1c1d 0.tlractiveness thereof; and wmmEAS, Develor0 e,~ hJ.S deemed it desirable for t.he
c£ficlent ?reservation of ti1e value, desirability a11d attract i vena.ss of the i?ropeL·ty a:,d Afidi tions to crca tc ,. corporation to which should be delec:'l '~cd and assigned the powers -':;f mainta:ining tne Glope areas of the Property and Additions and adrninl;.;tcr:i ng and e.nforclng chese covenants, conditions and restrictions; and
\ 0
JHEREAS, Broadmoor San Clemente Conununity Association, 1 :,onprol'i t r,~ox-po rat: i.on, ila': .1 ,,·,en Lncorpo1;'i\ t,,,d under tile laws of lhC! State of Califm:ni:c, fo::- the purpoS,J of c..;xerctsi;ig t'in l,oweri..i .. 111d ;:unctions as aforesaid; and •
\1HEHF:A5, Oevelnp • ,- ' nt,rnds t:.o c:onv(;y all ,., f th, l.' rope ::ty and l1ddl. tionr; ,:,ubjec t l:o certain protective cove1nnts, condit:ho:1s and reutrictio;m a:,; hereinufter set forth; GARR129
Ex 16-1

EXHIBIT B
29 224 588
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
11 tn_:w, Trn~:REFO:IB, 0-,veJopt,'r hereby cert:Jftes, ,·,qrees, and docl<1res that it has established, and does hereby establish, a General Plan for the prot:·,~tion, maintenance, impr:)Vc·,1:tent, and development of tho Pt·o~ert',' ::md Additions: and has fixed, and does hereby fix, the covenants, conditions, restl'.'ictions, ea.se- 'tr:,::mts, rBservations, 1L"ni:;, and charges upon and subject to whi.ch all ot the Propt~rty and Additions and each portion therenf shall be held, used, leased, sold and conveyed, and 2.n.Ch and uLl of which .i.s and ,1re d,cc.lared hereby tn be tor the berw£i t. ,>f all the Property and Addition:.; and each vortion therecof and each present ,ai-1d eac:1 faitu.1-e owner (as hereinafter defined) thereof ,:md Developer. Thesa covenants, conditions, restrictions, ei.JS•..:ments, reservations, liens and charge,; shall run with th\', Property and A,ldi tions and shall be binding upo11 all parties having or acquiring any right, title or in'l.erest in the P1.op1;::rty ;,nd Addit.:01,s ,.)r .. ,ny portion thc:·reof a1,,.1 c,haJ l i.nm:e to the boncfit of and bind each owner thereof and their respecti.ve successors in inter.es'.., omd axe impos(~d up,·,11 , l1e Pt !,p,:irt'/ and i\dd.i ti.,Jn;; ,;;llld ,.2a,:h ,nci ev·:ry portion therr.,of a:.c; a servitude in favor o:' the Property and Additions and each and every por~ ti.on therr,uf as tLu ,:on.Lna::t tenemr..:nt_ or tr..:neme11ts 1 a.Ll .,s f,jllowG, U.) wit:

AE'i'ICLE I
DEF rn r·r rm-1 s
8ect~ion l. "Articles , .. nd ay~L1v1s" shall mean and reter to the Articles of Incorporation and By-Laws of the Association as the sM\e may trGm ti;;ie to time be amended,
flAction 2. ''Association'' shall mean and refer to Broadro,J017 S,rn -Clenmn t:e community Association, a nonprofit corporation 1 incorporc1ted under the laws of the State of Californiet, its suc~- ce,,sors and :\s.signc1.
~~,~c\:ion 3, "i'Od.1·d Shdll mc.,in and n:cfer to th'-' Bcc1x,I c.:

O, ... ;:cct:oi:s of the A,;su,:L..cLi,,,1.

Se,; tion 4. '' Br":,,drnooi." San Cleme ntc" s ha ;.l ::,e.rn iilld refer. to the Original Prop~rty (defined hereinafter in Article II, Section 1) togethor with such additions thereto as may become subject to this Decl"rad:on or any supplementary declaration pursuant to the provisions of Article II hereof.

Section 5. ''Lot": shall mean and refor to any numbered plot of land shown upon any recorded subdivi.sion map 0f Broadmoor San Clemente or c1.ny p,Jrtion thereof.

Section G. "Mern.rJer" shall mean and refer to every
;)erJ;on orer1t.t ty\,ho holds membership in the Association as provided in Article UI 1 Section l, hereof,
S•.,ctlan 7. "Ow11ec" sh21.ll mean and refer to one or more persons c)l:--entitles who are. the record owner (inc lud.ing Deve.L- ,.1per) of th11: fee :c.in,ple titl1c to .1ny Lot, but shall n,it mean ot' refc;r to those htwin i such interest rm:rely as security for the perfcrmance <>f an obligation.

GARR130
Ex 16-2
30 .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
12 ~,RTICLE II
PROPRR'l'Y SUBJE:'J' '!'O TllIS DECLARATION
AND i\DDITIONS THERE'l.'O
Se,:tion,J:., Original Prope_£U'_. The real property which ,:hull be held, used, lcast,d, sold 1md conveyed c.11bj0ct to this i:1c,cl,n·ation :_s descri::c•,:l ,u.: follows:

Lots 3 4 throuqr: 7 3 of 'rract 8 S.!) 7 as E hc1in
on a map recorded in BtJok J±.1._ 1 Pages 7 thro-,:gh
11 , inclusive, of Misceollaneous Mapa~ecords of
Ori,:ge County, California,
Said n,ctl ,,roperty ~hall be nu.::(,times r·etorred to /wr,,inafter as !:hu 'nt .i. gin al P rcr,erty" .
. :,,l:tion .2. l\.Jditio:.:; tc;. Ori inal rro ert". t.dditional real ifroperty may be annexed to t 1e Original Property and become subject to this Declaration .Ln the manner set forth hereinafter:
(a) ~.Qiii:!!2.ill!__~)i:._:.'lave.loper. lf Developer, its successors or assigns, sha.L. cievelop, or catise to be developed, additional r;0al property ,;,,i thin the area described in Exhibit ",'\" 1 attachc,d l:creto and incorporated herein by this reference 1 ~cveloper or itu succossors or assiqns shall have the right to ,im:u;e such additional relil pc:,perty to the Original P-coperty and to brin~r such reel.~ prop,,r·.cy wi..thin. the general ,) l a.n and scheme of this Declantion -,.,i thout the approval of the. Association, its Boa:t:d or Mcr,\bers; pr0vided that said right of Developer and it3 successors and assigns shall terminate on the happening oi e.i ther of the following events, whichever occurs uaclj_er:
(i) The ration of' a three (Jj year period from Uw ,,Lite c!: : ::::•: :nee by "IL' Deparf:n11:•rtt of Re-1 l 1•,,1 ;,t-o ,.,,. 1-hc• Sl:ato of Cnlifornia o.l: a Final Subdivi::;ion Publi<.: H~,1;,or.L \, .. ·.r: • ...:: •• c:pect to ,mv :ciortion of Bro.:idrnoor San Clemente witlwut :J1-2 fU.inq of a Notice~; IntentiQn and Questionnaire with reupect to any other portion of: ,;,1,.,1·, p.i:oper~" ,;:: requiu . .n( L>y Sect< 11010 :,:·.cl 11011 of tho Cali. fc•n11a BuSi!E,',i> and Professions Coci2; or {ii) Decemi.:H:.r Jl, 19 HO.
(b) Other Additions. In addition to the provision
[oJ: ,,nnexation specTfied in Subsectit.,n {a} he1:c,inabove, ,:1dditional real proper-ty ,1,ay be :u:nexed to the Original Property and brought within the general pLm and scheme of this Declaration upon the approval by vote ;Or written consent of Members entitled to exercise not lc,ss than three-fourths (3/4) of the voting power of.each class of membership of the Association.

Upon nbb:dcning the requisite approval, thr"
o-•mc•r of any property t-.'ltc, :,sires to annex it to the Or,.c:inal :,p,::rty mid ,H.ld it to t':1.' ,,eneral plan and sch.ome of this U:.,- c;ld1:1tion 1\nd subject i~ the jurisdiction of the Ass,,ciat:i.on, shall file of record a Supplementary Deblaration of Covenants, Condition:; and Restrictions, as more particularly described. in Sub,H~cti.on {cl hr:irei.nbelow.
{cl ?~leE.-t-':'::~~~,:ltnry DeclaraHon, __ ~he additions ':thoril!t'ld under Subsoct.wns (a} and (bl of this Section 2 ot' -3- GARR131
Ex 16-3
31 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
13 UK I I 224P6 590
Article II, shall be made by filing of record a 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 O\,Jner thereof and :shall extend the general.plan and scheme of this Declaration to Sttch property, The filing of record of said Supplementary Declaration shall constitute and effectuate the annexation of the additional real property described therein, and thereupon said real property shall become and constitute a part of Broadmoor Sa11 Clemente, become subject to this Declaration and encompassed within the general plan and sche1ne of the covenants, conditions and restrictions containi;!d herein, and beconte subject to assess1nen t: by the Association and to the functions r powers and jurisdiction of the Association, and the Owners of Lots in said real property shall automatically become Members of the Association.

Such supplementary Declaration may contain
such additions and modificatiom, of the cov.enants, conditions and restrictions con·tained in this Declaration as may be necessary to reflect the different character, if any, of the added proper"l:.y, or as Developer may deem appropriate in the development of such property, and as are not inconsistent with the general plan and scheme of this Declaration. In no event, however, shall such Supplementary Declaration revoke, modify or add to the covenants, conditions and rest1·ictions established by this Declaration as the same pertain to the Original Property, except as 1nay be hereinatte1.· provided.
(a} Mergers and Consolidations. Upon a merger or
consolidation of tfie Association with another association as provided in the Articles • of the A1u1ociation, its properties, rights and obligations may be transferred to the surviving or consolidated association or, alternatively, the properties, ri9hts and obligations of another association may be added to the properties, rights and obligations of the Association as a surviving corporation pursuant to a merger. The surviving or consol.i.d::itcct asaociati.on ,may administer, the covenants, conditions and restrictions ostablishcd by this Declaration within Droadmoor San Clemente, together with the cov.:.>nants, condition,, and restrictions established upon any othe:1: ~,r.operty as one g~neral plan and scheme. 'ARTICLE III
MEMBE~SHIP AND VOTING
RIGHTS tN THE ASSOCIATION
Secti,m 1. Mcmbershie_. Every person or anti ty who
is a record owner of a fee or undivided fee interest in any Lot which is subject by these covenants to assessment by the Association sh.::ill be a Member of the Association. Any person or entity having any ,such in1:erest merely as security for the performance of an obligation sh,Jll not be a Member.

Membership and the right:to vote shall be appurtena11t to and may not be separated,from the fee ownership of any Lot \Chichis subject to asse!)sment by the Association. OWner- :Ship of such Lot shall be the sole qualification for
1mcmdhership.

GARR132
Ex 16-4
32 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
14 BK I 1224P6 591
Section 2. Transfer. 'l'he membership held by any record Owner of a Lot shallriot75etransferred, pledged or alienated in any way, except upon the sale or assignment of such Lot and then only to the purchaser or assignee thereof. Any attempt to make a prohibited transfer is void and will not be reflected upon the books and records of the Association.. In the event any owner rahall fail or refuse to transfer the membershJ.p registered in his name t:o the purchaser or assigneer the Association shall have the right to reco,:d the transfer upon the books of the Association.

Section 3. Voting: Right.s. '!'he Association shall have two classes of vot.ing membership:

Class A, Class A Members shall be all those
owners entit1<2d to membership as defined .in Section l of this Article III, with the exception of Developer. Class A Members shall be entitled to one .vote for each Lot in which they hold the interest required for membership by section 1, Nhcn more than one person holds such interest in anl-' Lot, all such persons shall be Members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than cine vote be cast with respect to ,uiy such Lot. From time to time such persons shall desig- nate to the Association in writing one of their number who shall have the power to exercise their vote.

Class B. The Class B Member shall be the Developer. The Class B Member shall be entitled to three {3) votes for each Lot in which it holds the' interest required for membership by Section l; provided that: the Class B membership shal.l cease and become converted to Class:A membership on the happening of any of the following events, whichever occurs earliest:
(a) When the total votes outstanding in the class A membership equal one hundred forty-eight (148); (b) On• the expiration of a three ( 3) year period from the date of i~suance by the Department of Real Esta!.::e of the State of California of a. Final Subdivision J?ubl.i.c Report with respect to any portion of Broadrnoor San Clemente without the filing of a notice elf Intention and Questionnaire with respect to ,:my other portion of such property as required by Sections 11010 and 11011 of the California Business and Professio11s Code: or (c) On December 31, 1980.

Fz·om ,!lnd after the happening of these events, whichever occurs earliest, the,class B Member shall be deemed to be a Class i\ Me1nber entitled !to one vote for ea.ch Lot in which it holds the interest requir~d for membership under Section 1. 'l'he votin{J rights of both classes of membership shall be subjact to the restrictions and limitations provided in this Declaration and in the Articles of and By-Laws of the Association. l\RTICLE IV

COVENANTS FOR ASSESSMENTS
Section J., Croatian of the Lien and Personal Obliqa- ticm ot: .,\!rnassments. Deve.Iopcr for each Lot ownea by it: wlth.in -s- GARR133
Ex 16-5
33 224 592
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
15 Broadmoor San Clem1rnte hereby covenants, and each owner of any Lot within Sroadmoor San Clemente by acceptance o.f a deed or other conveyance therefor; whether or not it shall be so expressed in any such deed ur other conveyance, is and shall b,~ deemed to covenant. and ac;n:-;e to pay to the Association annua.1 assesmnents or charges 1 • ,;ucl1 annua.l asses.sments to be fixed, established, and collectc•d from time to time as hereinafter prov.Uled, The ,:.mnual c1i,,:; c ,,;sments, toqether 'cti th such interest U,eroon and costs of collection thereof cw provided hnrninbelow i .. :: Article V, Secticn .L ,, shall be~ a charge on the land clnd shall be a continuing lh,n upon U1e Lot a.gainst which ,c,ach. such assessment is made, •rhe lien: ,"';hall become effective uDon recordation o.f a notice of claim of Tien in accordance witb :of,ction 2 of Article V of this Declaration. Each such anmu1l assessment, together with such i.nl~1rcst and costs, shall also be the personal obli911ticn of the person or entity who v,as the l)wner of such Lot at the ti:r;n when l'J:e ass,,,;swe11t, or dny portion Uk•;_-eof, fell due and ,;ha11 bind h.ir., heirs, c:c:'.,isees, pDn;onal n:•p1:,?c:entativc1 s, sue cc,:, ,;c:rs and ,1:c:::c c_gns, _·,,.•ccver, tl11? 1:,c rsonal ub1-i_qa tion :•,ha_l l not. pa.-<is to h.i s ,1uccesso1.· in title unl~ss exp:·<:os::,.J .. v assumi:ld by them.

Section 2, Purpose of Annual Assessments. The annual
assessments-levie by the--~,,.;soc-1.ation sh,,11 be 'cr,Tlccted, accumulated, and used ,,,xclusis.',-,Ly for the purpose of p::cwicling for And promoting th,:'! l~leasur{", recreation, h0alth, si:fety and social welfare of the ,1lember.s cif the Association I including the .iroprovenient, mai.nl:ona.nce, irricration 1 r<1p,Lir and upkeep of the :,lope arc~as of E:nJ-:,dmoor S:rn :.:-t.emente doscribe<:1, i_n !''.xhibit "B" ,,ttachod :,c:.n::.to and m,tc:.e 11 part hereof by t r1is reference.

Sect.ion J,
.:urnessmen ts shall::-e
considera ,:ion to the
of the ,ss0ciation.

Ann:ual. hssessrnents. The arriount of annual
det'e1ni.ned by the Board after ~riving due
current maintenance costs and future needs
Sectinn 1, Date :)f ,'.ommcmc,:-1,1,,nt of Anr,~,:;J _<\ssessrri.,1n(:1,:

Due !);1 tcs :-Thi~-· ;J'r'1 :nal as SC 11 ,,fr,ien ts l)t'():;; ldea7:or7i \;r >:in shal:f - ' ' co111,.:::·i'1c-;;--·,-.r; to ,rl: r,ots i:i t.!:l' Origindl :_ropert,,· the fhst day of \:;:,::, 1:1onth following the convcyuncc of the f::irst Lot within said property to an individual Owner. The annual assessments f.oi: Lots added hereafter to the Original Property, pro- vided ,;ai," Lots s!vill have b,:':;:ome subj(:ct to as,-.,,.,,;~ment by i:h1a1 Association, shall commence 'dith respect to ,111 Lo::.s within such added property on the firDt day of the 1:1onth following the conveyance of the f:irst Lot: within said added prope,_-ty to an individual Owner.. Provided, howe,,rer, that the Jtssociation, by a mu j ori ty vote of its Board, may extend the cor,tr:iencemen t date of :mnual as,rnssments for Lhe origin;il Property and any added property to a date not later: than one (l) year h·or:i the date of issuance by the Department 1 nr Real Estate of IJ'inal Subdivision l?ublic Reports with respEjlct to the Origina.l I'ropcrty and added property, respectively, if Developer; by a written agreement with the f'ls1rnciation, commits.to maintain 1:;,e slope areas described in Bxhibit "B" attached he.reto and incorporated herein hy this reference, and other slcp<e • areas to he m,Li,ntainerl by the Association • 1ili.ch are :i 1;,: luacd w ;. :_hi 1: any addoc1 proper Ly ·,mtil such \~xtendetl (.latest
l\nnual assessments shall be levied on a calendar year basis ru1•l shall be due and payable qua~terly in advance on December :n, Mt1rcll Jl, June 30 and Ser:,tcrnJJGr 30, or. in such c,l:11or mani:,2r as t:he ,·:c.:,,_-,l may from time to time estab2-ish. 'l'he. ,1nni:i,:1l t'.:,;,,::smonts for the first year of :isscssment for the Original Property shall be, and they hereby are, levied -6-
GARR134
Ex 16-6
34 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
16 ,,nd fi::,,•d D.t. th,c1 ,r.,.,te .:if I',,(; :lundn:,d 't\'10T1',:"-l1:jqht Dollars (S ?.28,00 ) per. 1,ot an shal oe in an amount w c i.:ara the smne relatTonsi:ip ,:o c;aiu assessment as the remilining num·- Ger or m:::!~tlrn in that year bear to twelve (12). The same procation ir: the amour.t ,~,f as:c;essment shall apply to the first assessment levied against· any Lot which is added hereafter to the Originnl Pro)?icil'."ty at a time other than the beginning of any calendar year assessment 0:i:!riod. Aftfi!r consideration of current:
m:Lintenance cost,·; arid fu'.:Ure n<':eds of the Association, c1ny assess- ment may .be .reduced b:1 resclution of t.he Board.

Section 5. D·c1U.es of the Board of Direc<:or,,. ':'he Board of DLrectors 0 t e ~ssociat on sha e amount of ::.he annual ,1ss,Jssrnent ,c1ga.: :-:st ,3ach tot subj(3Ct t':er,~to for each annual assessment period at least thirty (30) days in advance of ,,uch per-5.od and shal 1, at that time, prepare a roster of the Lots within '.lroadmoor San Clemente and the annual assessments appli- cable tl·.en::to \•,hich shnll be k,)ot in C:he offi.ce "of che T1ssociation detd.gn,,tad by ':h,,1. Boa1·d and shall be open to inspection by any 01-1ner durinq normal business hourn.

Wdtten notice of the annual assessments shall be sent to ev<~ry ONner subject thereto at least fifteen (15) days in advance of each annual assessment period.

U,Jon demand, the Association shall furnish to any Owner liable for annual asse,,s,ments a certificate i11 writing signed by an officer of the Asscci,'.ll:ion setting forth •,.;hether said at,- sessment or any po:ction thereof have been paid. Such. certiticatc1 shall be conclusive evidence of the payment of any assess-- ment o.r portion thereof therein stated to have been paid. A rnasonable charge may Ler made by the Board for the issuance of any such certificate.
s,x:tion 6. Assessment of Lots owned by _Devel:2,Per. ,:,nt uxccption, ,,.,ach Lot: ow:,ed hy Dev,-!loper shall be :,ubJec::. assessment to the same extent and in the sa.me manner as any ,.,,,t m111wd by any indiv1 :ii.la I. o,:,mer.

Withto
other
Section 7. Uni f'.0.1.m Rc,tt!I o:: AsSe!'lBF.\ent:. ,'\nn11al ».sc;r.•ic, ment1:, sha.:..l. be fixi;d. at a uniform rate !'or all Luts w:it1.1in f:r,.~•;_fr :1;,:;,or Sa,1 Clc.,mente,
Section 8. Abandonment, No Owner may waiv,, or -:the.::-- ',;ise escape personal lial'nlity for the assessments provided fc, 1· heroii, by ab,rndonment ::if ,his Lot, Section 'J. No Offsets. No offsets against any a.ssess- !:H"nts shall be [)ermitted :fc,.r- dny reason, inoluding, without limitation, a claim that the Association is not properly exercising its duties of mairttonance or enforcement.

I
• Section 10. Exemet PhotirM. The following property subject to this Declarat 'on a a exempted from the assessme:i ts, chai:ge and lien cr,,atc~d herein: (a} c\ll properties cle('Ji.- cated to anu accepted by a local pub lie authority; {bl all prop- erties exempttcld from t.axc1tio1~ by the laws of the State of California, ul?<),, the terms and ttl the extent of such legal exemptior.. . Not'.ll thst,rnding ,rny, prov~sion herein, no real property or uoprove:nc,nt~ devot,,d • ,_; d·:1elL1.ng ·,1se shall lH1 exempt from said asoeGsments, charges o~ liens,
GARR135
Ex 16-7
35 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
17 ARTICLE V
NON-1:AYMEN'.l' OF ASSESSMENTS
BK I I 224PG 594
Section l. Delin uenc, and Remedies of Association,
If uny annual assessment, or any port1on ereof, :i.s not paid 011 t.he date when due (being the dates specified in Section 4 of Article IV hereof) t the'l'.I such assessment or portion the:i:eof shall become delinquent and shall 1 together with interest and costs of collection as provided hareinbelow, theret1pon become a continuing lien on the Lot against which such assessment was made as more particularly described in Article IV, Section l, harei11above. '
If any annual assessment, or any portion thereof, is
not p,dd within thirty (30) after the delinquency date, it shall b0ar interest from the of delinquency at the then legal rate, and, in addition to all other legal and equitabl1? r.tghts or remedies, the Association may, at its option, bring an action at law against the owner personally obligated to pay tl:te same, or, upon complJiance with the notice provisions set forth in Section 2 hereinbelow, to foreclose the lien against the Lot, and there shall be added to the amount of Stlch· assess~ mentor any portion theieof, ancl interest thereon, all costs and e:1penses, including .reasonable attorneys 1 fees, incurred by the Association in co!llecting the delinquent assessment.. ln lieu of judicially forec:losing the lien, the Association, at its option, may foreclo1re such lien by proceeding under a power o.f sale as provided h13reinbelow in Section 3, such a power of oal.e being given to t~e Association as to each and every r.ot fo.r the purpose of collecting de.1.inquent assessments. Ea.ch owner vests in the Association., its. successors or assigns, the and power to bring all actions of law or lien foreclosure agr1i n~ t such Owner or othe~ Ol·'l!1e!'"s for purpc:::c::: of ~ollecti:t,g delinquent assessments ..

Section 2. Notice of Claim of Lien. No action shall
be brought to foreclose j:.he lien, or to proceed· under the power of: sale, less than thtrty (30) days after the date a notic1:J of claim of lien, exeouted by a duly authorized representative of the Association·, is recorded with the Orange County Recorder, said notice 5t:.ating the a.mount clD.imed (which may i1iclude interest and costs of coll~c:tion in.eluding a reasonable attorney's fee) , a good and. sufficient legal description of the Lot being assessed, the name and al;'ldress of the Association as alaima.nt, a11d the name of the recoi-d ownar or reputed O\'!ner thereof. A copy of said notice of claim shall be deposited in the United States mail, certified ot registl'lred and postage prepaid to the owner of the Lot. •
Section 3. Foreclosure Sale. Any such sale provided
for above shall be conducted in accordance with the provisions of Sections 2924, 2924b, and 2924c of the Civil Code of the State tif California, app4icable to the exercise of powers of salo in mortgages and da~ds of trust, or in any other manner permitted or provided by ,law. 'rhe A.ssociation, through its dul~• authori1::ed agents, ~hall have the power to bid on the Lat at foreclosure sale, and ·to a.m.1uire and hold, lease, mortgage and convey tha same.

Section 4. Cuririq of Default. Upon the timely
of any default for which a notice of claim of lien was
-8- GARR136
Ex 16-8
36 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
18 BKf 1224f6 595
by the 1\saooiation, the officers of the Association are hereby authorizod to file or record, as the case may be, an appropriate release of such notice, upon payment:. by the defaulting owner of n foe to be determined by, the Association but not to exceed $50,00, to cover the costs of preparing and filing or recording such .r.elease together with the pe.yment of such other costs, interest or fees as shall have been. incurred. • Section 5. Cumulative Remedies. The assessment lien
and the rights to foreclosure and sale tqereunder shall be in addition to and not in substitution for all other rights and remedies which the AssociJtiotl and its assigns may have hereunder .. nd by law.

Section 6. Subordination of the Lien to Mortgages. The lien of the ~ssessments provided for herein shall be subordinate to the lien of any deed of trust or mortgage now or hereafter placed upon any.of l:h.e Lots within Broadmoor San ClementG subject to assessment; provided, however, that such subordination shall apply.only to the assessments which have become ,tue and payable prior to a sal.e or transfer of such Lot pursuant to a decree of foreclosure, o:t" any other proceeding in lieu of foreclosure. Such sale or l:ro.nsfer shall not :relieve such Lot from liability f<ir any assl?lssment thereafter becoming due, nor frozn the lien of any such subsequent assessment.

ARTICLE VI
ARCHI'l'ECTUAAL COMMITTEE
Section l. Aporovnl bv .11.rchi tectural Cowmittee. N'o fence, wall, building, or :other structure, vs: i:xterJ.us: aut.11.t.ion to or change or alteration thereof (including painting), shall be commenced, constructed,: erected, placed, altered, maintained or permitted to remain on anl' of the re al property within Broadmoor San Clemente, or any portion thereof, until plans.and spe- cifications shall have been submitted to and approved in writing by an nrchitectural committee, initially to be appointed by Developer (the "Architectural Committee"). said plans and specifica- tions shall be prepared by. a duly licensed architect or other person approved by the Archi tectm:al Committee and shall include where app.ropriate the fo11:owing: (a) Plot plans, showing the location of all structures: at\d showing grade elevations and drainage; (b) Building plar,s, including floor, foundation and roof plans, with all matertials therefor; (c) Exterior elevations, and surfnces, sections, st~uctural design and salient exterior details; (d) General exterior color schemes, and (e) Landscaping plans, showing type, locat;ion and elevation of trees, bushes, shrubs, plants, hedges and; fences. Provided, however, that Developer shall not be requi:red to comply with any of the provisions of this Section l. All such plans and specifications shall be submit.ted in writing over the signature of the owner of the prope.rty or such Owner's authorized agent. Approval shall be based, among other things,;on adequacy of site dimensions, adequacy of structural design: and materialr comfo:cmity and harmony of external design with neighboring structures; effect of location and use of improvements and landscaping on neighboring property, improvomcnts, landscnping, operations and uses; relation of topography, r1rade and finished ground ,:!levation of the property being GARR137
Ex 16-9
37 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
19 i1np,.·uvull to th,At nf neighL.,1:ing proper::.y; proper 1'~:cing or' milin elevations with rciipect i:o tH:arby streets; pres 01::v,J. t.ion of view and aest:-,8 tic beauty; and conformity of the plans and speoifica·· tions to ,.:10 purpose and general plan and intent of this Deola- . ration. In any event, the A:r:chitectural Committee shall have the righi:, but not the obli,,;ation, to require any Member to remove, trim, top, m: prune a.1:y ahrub, t:t:ee, bush, plant or hedge which such Committee reasor:ably believes impedes the view of any Lot.

Section 2. Term of Architectural committee A inted
bv Developer. The Arclu. actu:r:il omnu.ttee appointed y Developer efiall rem·airl in off ice un ti.:. the ht1ppening of a1:y of the follow-- ing ,~vt~nts, whichever occu::-·., •'larliest:
(a) \>/hen ninety percent (90%) or more of the Lots
with.in Br-oc1dmoo.i: San Clemente have been sold;
(b) On the'el<piration of a three (3} year period
from L:H.1 date of u:suance ny '. he Depa.rt1;,,unt of '"·''' :. Estate of the :it:.1tc-:, of Cali:.ornia oL c1 i:'inal SulJclivis:i.on l'ubl.ic Report with r,1spect to any portion of Broadmoor San Ch'1:1nnte withc,ut the fili.nu of a Notice of Intention and Questionnai:l.~e with re-- spect to ,~,ny other portion of such property as required by Sections 11010 and LlOll of the Cali.fornia Business and Professions Code, or
(cJ c)n Decem;,Jer 31, 1980,
From irnd 21fter the happenimi of these events,
whichever c,cnu;-s earliest, the Architectural Committee shall be composed ,,;" the Doard of t:he ;\ssociation or by three (3) or more representatives ap;;:~inted the Board,
section J. Failu:c,2 t:o J\porove or Disap~;:-ove Plans and Speci.fica'--i.ons. In t e event t e Arc 1.tectural Comm.1.ttee, or 1-ts representatives designated in accordance with Section 8 hereinbelow, fails to ei th,ar approve or disapprove such plans and :·,p,::c f.icati.u:-1:; ',1ithin i.r·t·y (301 d,:iy:; afte,· :·;,,., same :1:1vu been ,,ubmit.ted tu i.1-, it :,:i:d 1. be conclus.Lvely presc:1:1ed th.:1t tl1e A1:chitcctur..1l :~ummitt,_,,. 11·7·"'' approvec.1 :,uch pi c111:_: and spc,ci fications. All improvement work approved by the Architectural Committee shall be diligently completed and constructed in aoconlance ·,Li. th approved plans and specifications. . . Section 4: No LiaI,::__ili~. Neither DevelolJer, the Associat:i.on, the Arcln r.ectura.l committee or the members or designated r:epresentatives thereof shall be liable in damages ::.o anyone subinittinlf plans or specification:, to them for llpproval, or to any owner oE property atfiected by these restrictions by reason of mistake"' i.n judgment, negligence, or nonfeasance arising out of or in connection with;the approval or disapprova.l or failure to a,pprove or di1:Japp,:ov..-:, any such plans or specifications, or tor any defect in anv ,;t.i:-1..Jcture constructed from such plans and specific:1tions. such plans and specifications are not approved for engineering d<'!sign, Every person 1,1ho submits plans or specifications to the Archi~ectural Committ:ee for approval agrees, :,'{ "ubmii:;n ion of ~;uch '"'-.,ns and speci.fications, and every Owner '' any of :,,1 id proper·; 'i i,irees di<'.\ t·. he will :h1 :·. bring c:,ny action or :,uit a,Fd.n.s'!: Deve,,::p,•c, the Association, tho Architr,cL1ral 1:ommittee or· ,:my of ':'te members ur designatvd represent:,1tives ~1creof to recover any such damages.

GARR138
Ex 16-10
38 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
20 /
/
n~ I 1224PG 597
S<'icLi.011 5. \or Lee ol' Noncom lianc.:~ •.)r t/on(;o1:, Jlr__;tion.

Notwi ths Fanding-anytfiTng to e contrai:y contai.n ore n, after U1e c,X~iirc1tion of on," (.1.) year from the date of issuance of a building pc:rmi t by munL,i1Jal or other governmental aur.hority for any impr,;iv,~ments, sa:i.d improvements sh;:ill, in favor of purchasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article VI, unles;c; actual notice of such noncompli,~nce or noncompletion, executed by the Archi tectur.al Cammi t tee o::-· its des igna tad re.present.a ti v"'s; shall ,q;ipeai: cf record in the L)ffi.cu at the County Recordci.r of Qrang0 County I Califo:rnia, or unless legal proceedings shall have been in::;titutod to enforce comf")liance or completion.

Section 6. Hules 2.nd Regulations. The Architectural
Committee :nay from time to time, in its sole discreticn, adopt, amend and repe~l raason~ble rules and regulations interpreting and implell',ent:in9 the pr:.:vi c<ions hereof.

S'l·'Ct i.on 7. 1--'ar_i a:1::Bc' " \•ihc!r(c:; circums ta nee" s::c'1 as t.opogr..,phy, location of property lin-cin, loca tior: o 1· trees, conf: .. gui:a i: i.on of Lots, or ot,:er matters require, the Architectural C,:mmH:t.ee, by t·he vot:e -:,r .,,,rittQn consei1t uf a majority ,·,f the members thereof, may allow- reasonable variances as to any of the covenants, conditions or:rescrictions contained in this Declaration under the jurisdiction of such Committee, on suer: terr.1s and conditions as it shnll require: provided, however, that all such vctriances shall be i:-i keeping with the general plar: for the improvemnnt and development of Broadmoor San Clen:.ente. ;,ection !3. A?£t;i11tment and Designation. 'l'he Architectural Co::uni ttce may f1:om time to time, by a majority of the members thereof, dekga-cti any of its rights or responsibilities hereunder to one or more dulv licensed architects or other qualified perso:1S who shall have· full authority to act on the behal.f of the Architectural Co111liictce in all matt8rs dele0,ated.

Soc ti on 9. ,~c,v i ew FAA and Address. All plans and apeci eications req1uri:>!d by S.ect.i.on l hereof Shil.11 be snbrnitted in w:..;iting to,; approval together with a precessing fee not to ex- c,,ed ~'5.r"t'/ [:.,d 1..n;s {;: :o. 00) . T:1,., ,.ldd.n:~sr, ,.1J' :·.he A,·ch.i. tectm:al Committe,2 is l 7802 Irvine Boulevard, Tustin, C,'.tlif.or-n~a 92780, o~: s'J.cb other pL1.c1c· a.; mav from time tc time b~J ch'JsJ.gnated by t:.h) Ar: .... t1i 1:,2c 1:.ul·al Comr,i i-te,· b'.' n w.ci tt~en instrument recorded in the office of the County Recorder of Orange County; and the last instrument so recorded shall be deemed the Architectural Commit tee 's p:rnper address. - su.::h address shall be the place for the submittal of plans nnd spec i fi.ca tions and the pl,':1.ce where the current rules and r"":cJtllations, if any, of the Architectural committee shall be kept.

Section 10. Int,:;ectiGn. Any member or agent of the
Archi tac turul commit tee ma.y from time to time at any reasonable hour or hours 11nd upon ::-:casonable notice enter and inspect any propertl'' subj,~ct to the jurisdiction of said Architectural Committee as to its improvement or maintenance in compliance with ~ne provisions hareof,
\ltf.l'.CLE VII
Section 1. E:~ept as provided in Section 3 hereof, no bUildJ.ng-;-sfructu"re er in,c1ro·.·em8nt shall be constr:1.cr:cd, ,.;racted, GARR139
Ex 16-11
39 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
21 ot I i 224Pli 598
altered, placed or permitted to remi.lill on any of the Lots within the Origi:\al Pre:rie:c::y othz~r than a sirHJlo··f@,il·;• d·.,elling designed for occupation by not more tho.none fnmily, ~iection 2, Neither the real property within Broadmoor
San Clemente nor a,-,y port:.on thereof shall be m,ed for any purpose tendi11g to injur£~ tha repntation thereof, or t() disturb th~ nei~iborhood or occupants of adjoining property, r to const2tute a nuisnnc~, ur i11 violation of any rub1iu 1,n~, ordinance, or re,;ulation in an:;wic:e •c1pp.licable thereto. Ne businc,ss or. commercial activity sh,"11 be maintained or conducted uptm any of the Lots,
Section 3. Developer, its m1cccssors and assigns, may
tWe any of the :n'!al pr::,r,e1·Ly within Broadmoor s.,n CJe1:1C,ntu owned by thom l'or mod0l home sites and dis:,Jay and sales offices and i.:.c:Lrlcntal parkit·,q, :1w2 m:iv rn:;e such real oronert·v tor the e1:·cction and :naintenance of othe1: oti::uct·c:res, displays, e:xhibi ts and ;";ign:.; ..-tt: t;;ey may d,,,"m ·e,:,,-s~;ary or conve1:ie1,1· d-,:r11·,g :he construction and sales period. • ·-:ection_ i\. No building, structl1re, or improvement shall bt3 constructed, 11rec tee:, u..L tere'd, placed or permi t.~·.cd 1:0 remain on any Let in such location or manner or height as will unreasonably obstruct or ·.n'.:,:,r1"2re with the view of 2ny othc,r Lot; provided that all bn.i.ldin9s, structures nnd improvements as ori9inally .:onstructed by Developer shall be deEc::'.,ed to not unJ;easonably obstruct er intorf(;l;.~e with the vi,ew of any L(,t i.n :3r.o'1dmoor S,1n Clemente. Mo projections of any type, ,;h,111 bt~ plaocd or permitted to ~-enic1in above the roof of any residm1tial build.i ng wi Lh the exception of one or :no:nz; chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or mciintn:1.n?lcl on ,my bt:ilding or on any property withL, Broadmoor San Clemente or connected in such manner as to be visible f1:om the outside of ,my suc:11 building.

Section ';, 1·ihen gc11~asu.:!S ,1rn not: j n U!":e, garc1g,1 dorir,3 shall b,:" clost'ri. Garag,.;'.; shall ho U!""'c,d only for the purpoi.h: u£ parkinq automobilas and storing nn Ownor.' s !10 .,sc •>11 g,c,,d:,:. :-10 o,,.:n r~ai:poi:t :ci,hal l be' ccnstru:; ted or maint;1 ill(~,t \lj)C!' .,ny Lot. !Yection 6. ho :shed, l:.c'!nt 01 temporary bt,:.i.:rn .. : shall be erected, ma;i.ntained or used on any p1;operty within Broadmoor f,,111 Clemente; provider], hovever, that temporary bui hii;, ~"rs for use 1m'1 used only for purposes incidentlll to the ini ti~l construction of improvemen::.:; and dwellinqs on any pcrtion of Brandmoor San Clemente m~y be constructed ;rnd main taincd provided that snid temporary b11ilc~ings shall be prumpl:ly rcm,,veci upm, the comp.lotion of such constnicti,m vrm:k.
'Saction 7, tio ,1\cbile home, boat, truck, tr1.1iler, or recrcationcil vehicle of any kind shall be kept, r,torcd, pa:d<-ed (other l:han tempor,irily ): , ;nain tained, cons truct<,'d nr" repaired, on any property within Broadmoor San Clemente in such i'.I manner ,:s to be visible• frcm ,iny neiqhbor:i.ng prorei::ty; prcvi,:c.ci, however, thdt the provisions of this section shall not apply to emergency vehi cJ.c, rcpa.2.rs. 'l'c11wor,ny parkinq st,:il l m,.:.in pai:king of vehicles belonging to guests cf Owners, delivery trucks, :.;arvice vei1iclos ancl a,t,ct· corn.mnrcidl vehi"cJ,;s bci::,1 w;e.J L1 \:he fun1i.<Jhin9 of service,; to the Association or th<~ Owners and GARR140
Ex 16-12
40 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
22 6K i I 224P5 599
:-','"' ,·:: i r.. or w2:L.i.cl:c.; 1·,,,,lo::,3in,.J t{_,, or being used by 1:iwn,~i:s i"or t,~ctding ,:end unloading purposes, S:'!ction 8, No single-family dwelling shall be cons true ted or maintainG:d u;::on any Lot or any portion the.,,~aof which n.::is a total livable>. :c.:oor area, exclusive of any porch, pa.tio, ,;cL; .. ~:, 1;,,1sernent, garag(j ox other c,ccessory outbuildiaq (wheth- «H.' ot· t":it attached to such dwelling) , of less than one thousand ,.,,.,·,en hundroc.! 0i9h ty ( L, 780) square feet.

Section 9. No privy shall be erected, maintuined or
used upon any portion of Broudmoor San Clemente, but s1 tempo- :ci1ry privy may be permitted during the course of construction of. a building, Any lctva.r:,,ry, toilet or water clos,,t- whic(, shall l)e erect'ccl, maintained or used upon any portion of Broadmoor San Clomenbo shall be ,,,nc·.oscd arn'l located withln a building permit-t.ed under this ''eclaration to be erected witpin Broadmoor San CltemEn:te, shall be p~-,:,perly ccnrwctt'd w1 th r::he -:e\ler ,~ystc>m ;ui.u sha'i l l.l'J so cunsti-·1c:-c·d :1:1d <:)perated that no offensive. odor shall arL:e or othf'rwise escaoe therefrom.
s,,ction 10. E:<eept for. a sign of customary and 1:cason- ,;blo dii:iensions acl':er".:i.sL,g a Lot for sale, Sllch sic,n 'co be loca t8d ,:,1, such Lot, no sign or other advertising device of any Gharactcr shall be erected, n1.1.int.:i.inod; or displaynd uc~on any po i~tion of Broadmoor S,'in Clemente I provided, however, that Devel··· oper, its agents and JcsirrneGs I may erect and maint::tin ,mch signs <tntl other adverr.i.sinc: devicc;s or structur,~s as it may dec,m m~ces~ '>d,l:'Y 1;r proper in connect.ion with the conduct ot L:s o;K.:rations ::ur the d,.c:velopmcmt, improvement., subdivision and. sale of the Lots within Broadmoor San Clemente. So long as it is :,n 011ner ,.:,f at least twenty-fiv(, · ptorcent (25%) of the Lots, Oevelop~r, or the Association, ma:t. summarily remove, and destrc:ly all unautllorizGd :;igus,.

Ser.:1:ioll ll. i'h an:m;i.Ls, towl, ceptU.es or pou.11:ry sho1.Ll be kept 1vi thin BrO?ldmoor San Clemente, except that domes tic dogs, •:atn, birch, and f.~,:.h :.n.,.y l:ept e:1s hou,.;c,holC:: pets ·,it1° i.n :1roac1-- .r:1oor San Clemente provided that they are not kept, bred or raised 1 he 1. :":,n :'or: cmrsne,:cial P,U ~·r·,os(·,S or in um:eaisonab le ,,uarLi '::.es. 'I,; ,1.;,.. j ·" th:Ls Declaration "unreasonable quantities" shall be ·.;:.•.,:,n:,sn,i Lo iim.it th" nu;:tbe.r. 01. dogs, G,1.t1.; and bi.i:ds t.o tv.-o (2) each.

Section 12. No .weeds, rubbish, debris, objects or materiuls of-l:lny kind sha.11 b•" placed or permitted to <1CCU,nt,late upt"\ ,>ny portion of Bro,i:d.:,oor San Clemente which rendei:: :;uch ;iertJ.r r. unsanitary, unsightly, offensive or detrimental to any .Droperty in the vicinity, :-.hereof. or to the occupant:s of any such property in such vicinity. In the event of. !:he default in the parforma11ce of this p.i~oviision, and if such default shall not have been cured within five (5)· days afte;:,- written notice thereol:, Devoloper, so long c1s it is an owner of at lea:St :.wenty-five percent (25 'e) of the Lots, or the Association, shall have the rL1ht t-,o '"nter upon said pr·:iperty ,rnd rumove c1ll .. 1eedcS, rubbish, dubris 1 objects or materi~la and do all things necessary to place said property Ln c2. ne:, t. and ,)r:derly condition .Jnd ,.my ,,xpenses thenc'for shall b&come due and payc1ble from the owner of s,1id p·,~o~,,,rt 0,r to n,w,-·lop;,r 1·· the i'11:sociat:i.on, as lJy, ca::\:· m:.iy b.:, wU:hin five (5) clays after 1vritten demand therefor.

Section 13. No plants or seeds infected with noxJ.ous
insects or plant diseases sh,,11 be brought upon, ,1r:own, Gr maintained upon any part >l: Jro6c::moor San Clemente. In the ovent o :' GARR141
Ex 16-13
41 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
23 the dfc.fault in t::c, perf:iJ:,c .. :111ce of ,c:.his provision, 1nd if :·rnc:h defoult shall not have ;~"'"n cured within five (:5) days after writ ten notic,a tl, t,reof, -~•:,veloper, so long as l t: 111. an owner of at leas:: twenty-five l?ercent (25%) of the Lots, or the Association, shall have the right to enter upon any Lot within Broadmoor San Clemente and, at the expense of the owner of said Lot, remove infected en: disea 0;cd plants and/or spray the same and/or take such measures as m_o.y be. r,ecessary in the opinion of the Developer or the F.ssociation to protect the s:ar:,e and/or the community :::-orn the spread of such i.nfection. :3ection 14. Trash, garbage, rubbish and other waste
shall be-kept only in sanitary containers. All service yards or S<.;!rVi(;!e areau, clothe::;llne areas, sanitary ccr:tainers, and storagiJ piles on d.!)y pro,.L .. ,d:-.y within Broadmoor :,,in Clemente sh,111 be enclo:,r:d or fen, .. , 0 d ~n such a manner t',c1_ t: .. ;uch y;,1rds, areas, containers, and piles will be obstructed from view from any neiy!1~oring property or street. Sanitary containers may be set ~ut tor a, r~asona~le. period of time before and after schedu, -::c, l:i:ash p1.c;,.-11p time;, ..

Section I:;, No :·,,,:d,)US or c,ffensive tr:ic'c or activity shall be-carried on upon any portion o:t: BroadmooL" San Clemente, nor shaL .. anything be done or maintained thereon which may be. or become an annoyance or nuisance to t.1'1e neighborhood, Section ll). All buildings and other structures withi..n Broadmoor ::ia11 Cles1•,nta and each portion thereof shall at all ti.mes be maintained in good Go11dition and repair and well and pr·operly ,Ja.tnted, No windows shall be covered with altmdnium foil or ~irnilar material.

Section 17. Other than the slope areas ,:lcs;:;ribed in Exhibit ''B" hereof which .::re to be maintained by the Association, slope areas within nny Lot, including any drainage devices constructed r...hereon by Developer, shall l,e maintained continuously by the Owner thereof in a neat, orderly and safe condition "nd in l":IUch a manner as to enhance th.air appearanca, maintain established slope ratios, prevent erosion and sliding probl,_;i1,1,.;, and t;o '..,tcil.:U~.•-•.te s.he ordcrl•{ diacha1.,3,: ,~: ~ water throtH711 drain,HJ(' ;;ystems e,;t2blished by nevelopr•r, No structun.•, pl anting or ,.,tiler :;,,,-, h 0 i~ ial sha 1 .. l bP. placP :-i 1 ) r permit tcd to rema:in or other ac ti vi ties unde:i:-taken within Broadmoor San Clemente or any portion thereof which might damage or interfere with established slope ratios, create erosion or sliding problems, or interfere with;est.ablished drainage functions or fo.cil ities .

Sect.ion 18. t\1.1: lnndsc.i.ping of every kind and charact()r, incfw:fin,1 shrubs, t:i-ees, gr,t!iS, and othm: plantings shall b,1 neatly t1:immcd, propei:-ly cultivated and maintained continuously by the Owner there:of, unless otherwise provided for here1n, l.n a neat and ord~rly ..::onditio11 and in a m,uui .. r to enhance its'" app earano e .

Section 19, No tree, shrub or planting of any kind shall b~ all,Hve-d to overhang o,r otherwise encroach upon any sidewalk or other pedestrian way from ground h2vel to a height of ten (10) fc:!i1t withont th\o pri.,:c ,,;,proval of: the Archi.tectural Co111;;1itt.ee.

Ei<ic ti.on 20. r1u :1ropart'( wi J·hin Bro,tdr.1oor San Clemente shall b•.: llScd .... Tri'iiny manner to explore for or to remove any • water, oil or otl1er hydrocarbons, minerals of any kind, gravel, GARR142
Ex 16-14
42 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
24 BK I I 2.24fG 60 I
earth or any earth :mbstancc or other mineral of ,rny kind. No mnchinery OJ." eqnipment of any kind shall be placed, operated or maintained upon any Lot on 1,hich is situated a :;;in0le-family dwelling, excc,pt such 1110.chinery or equipment as is usual and customary in connection with the use and maintenance of a pri- v:.·~ t.c~ .r<.~sidenci.:~.

Sect.ton 21. Durimr reasonable hours and after reasonable noti'ce, ,my ag0;nt of D~vc loper, so long <'1:S it )._S an Owner of at lc.!!ast twenty-rive percent (25%) of: tha Lot,~, rir the Association, shJJ.l have the right to enter upon and in3pect Broadmoor San :.~lemente or any portion thereof and the improvements thereon for the purpose of ascertain.i.ng whether or not the pro- visio:::; of this :Jaclaratio., ,,_re bieng co:n!,)lied with ,ind sha11 not d,:iemed gtd 1 l / of .tr,•,;lJ,;.,,s by rc,d:-.:uits therc,ul..

Slc'!ction 22. No building, structure, improvement or addition (exclu:Hng chimneys and roof vents) shall ba constructed, erected, ~1~ared, placed or permitted to remain on any portion af Broadmoor San Cl,~mente ,,,h-i,:h.e:x:ceeds one story in height with a maximum height of 17 fee:::. lia tree, bush or shrub shall be placed or maintaine,:: upcm 'ir,y Lot described in E;,chi'~,it "C", attached hereto and incorpo:c·ated herein by reference, which oxceeds 17 feet in height or upon any other J,ot in f.l.roadmoor S,m Clementu which axccixl:3 20 f~1et in height.

ARTICLE VIII
DUTIES Ali'D POWERS OP TI!E J\..S~OCI.l\.TIOU
Section l, rn addt'.:~_on to the duties atH'. cm1ers enumerated 1 .. ii its c,ri:·,cles and Ey .. Laws, or elsew.herc ,::,;·uvided tor her~in, and with on L limitinq tl:2 genera l.:Lties th(~:reof, the lu;sociation ,;hall:
{a} aaintain, or cause to be maintained, the
:dope areas mare particularlv described in Exhibit "B" {"Slope Control Al:eils") and :o.11 landscaping thereon, as 01:iginally improved by Developer, in a :H'at, safe, sanitary and orderly <;<.m·- dition (including the replc1cer1,,nt of landscaping whon neces.sarv or appropriate) and in such a manner as to enhance their appearm,ce and to pre servo established slope ratios, prevent eros:Lon and slid:Lng probleras, and facilitate the orderly discharge of water through established drainage sys te.rns i
(b} Enforce <::tH, provisions of this Llrcc1aration
by approprint:c~ ineans, incl\lding without limitation, the expenditure of fund:. of the Association, the mmloyment of legal counsel and" the commencement of actions;
(c) Main 1 .• i11n such L,:olicy or poLicies of insurance :,s t.i1e Boax.d of the J\::•; ,ation dec:1r1i, necesi,ary or des.ir,tbl.e in i'urthering the purposes ,)t and protecting l:h,~ interest,~ ,)f the Association rmd its Members; and
GARR143
Ex 16-15
43 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
25 BK I I 224P6 60i
(d) E!'itablish and maintain a worJeing capital and
contingc:H,y fund in 2rn amount to be de!:ermincd by the Doard . .Se ct.ion -, Use ) f Aqcnt. The Board m., y employ a manager or: other [)er,,ons an,_: nay contract w.i. th indrq:Je:1dent contractors Ol' rnanag.i.nq agenu; to perform all or ;my part o! the autios a11d rcsponaibilitics of tl1ri Associatio11, provide,) that ,my contrc1ut 1.-1ith a pc!.t:[;on or fin>i appointed as a manc1qP1: or 1,1,,inaqinq ,19,.·int shal1 ~,!:ovide t:cn· the right~ ot the A~rnuciation to t.ermi.nate th(~ s,1111e at t:1e end of the first yc,u: following !:.he conveyance of: the fir .st Lot by Developer.
::0e,~tion 3. Limitar.ionr;., The cost of any Slope Control A:i.·eu m.:iintenance services caused bv acts of God, riot, civil insurrection or bv cmv cause other~ than ordinarv wear, tear, or det·crioration r:Lt,\"i be br_nn,, by the Ol•'ller for ',i!:os,:., benefit the mn.i:.1.ten;1ncc ser\ri:-:r;;s 'Wei:"J-• f1e.r.:.f:orr,1ed~ 'rho co1;;-:,; ,.f any .: :Gpci Contt'oL ,\rea rna.,.::t-.·11,,nce sc;:rvices caused by the negl ii;rence or wilful misconduct of any Owner, or his i:ami iy members, 1:elc1tivcs, guests or invitees, both Ni nor and adult 1 shall be borne entirely by such Owner. No O\,•ner shall provide cir cc1use i:::D be pr0vi,fod any of the mair,t':C~1c,:,ce services provided by the ~ssociatjon.
,";action 4. Entry. The Arisociation and its managers and a9ents ;:uiiJ r:nployees shall lrnve ttw right, after reason.1ble 110- t:i.ce ,:i.nd n t reasrnrnb1r" hours, t:o e1~ ter upon any Lot for Lhe purpos,1 ,1f performing its cl u-::: ies and exercising its cJc:1e:i: s as set fo.rth in l:h.i s Article VXI I.

AR'fICl,E IX
.S1:.:L r :.-1.t_-.1- 1cJ-1.:··:ent:. i·::dc'fl Lot v1i 1 ~·-l 11 tl1e Gr i<_1 i r~,;tl
Pn>L;'-" t:!::;' :~--i1oi-elry d, ,·: .u:nif to hi1V8 an e,isement over nl.J udjoinin'] 1.H·ope1·ty ::or the purpose of accomr.iocli:it.ing any minor e:1croachmm,1t, due to ori.g:i.11~1 engincwd.n'.J or survey~ng. errors, err:o~ 7 in or.1,p.11,d. constrnr'.·--~on, or. .~c cU.ement ur i,Juftl.n<,, '" a bu2.1u.tnq or other G t1:ucturc, and fur t!u'! purpose of maint,iining such oncroi1chmcn t.

Soction 2. Slop<:! Con l.:rol Area. The,;e shall be gx:anted l:o l.:he A,;,;oc1 ,1 t1on eils,~ments ov0r ti1e Lots as more particularly :,hnwn anrl (1cs cribed in Lx:hibi t "n" , for mil i.n l:cinance pnt·;,om'!S a.s more; p.:trtic1.1.larly sot foi:t:J, in Artiole VIII, Section l(a) hereinabove, Section J. Sid~yards,
(al Creation of Easements. Each Lot within the Original Pi:operty (except __ o s ~"-5"'7 _____ ,...-,,-,------,---- of 'l'ract !'lo. l.1597) ,·J,-: JT'°hiive tl:i i.'i'lnemcmt ,,1·e,1!'ed therr:0:1 by •p·,111t or ·,·,-,:~ervatio:1 '.: i :-: (6) fc,t)t i.n width 1 '-';,Lendinc ::rc,n the ,·x-on t lot J.:i.nc to t~:c: 1 ''"r lot: ., .int~ thereof', ,•t:, aore [Jdi. t.1.cular ly ;.;!lown nncl dc:cJ<.:ribed on °.Jie easumo.nt ._,Lrn att,u;;.hod he1:oto as Exhibit "D" and incorporited hArain ;y reference, for the bene1:it of th0 Lot (inclurling ~"'-,i'.'-S5 ;111("'"t~5'-7'--'""7"""2c.-_--,-___ _ of 'l'ruct No. 8597) ,,djoinimJ ,11v1 .:ibuti:1119 flilid r~ui.om0nt. -16-
GARR144
Ex 16-16
44 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
26 UK I I 224P6 603
(b} 'rcnns awl Conditions: of llse. Each ,;uch •::asement shall be used ;:rnd ,,n)O'.,'<c;d subject to the following ter1:.s and conditions:
(i) The easement sha1l be used only ,u!I it general recr,.c!ational and garden: dX<::Ja by the Owner of t!1P Lot adjoining and dbutling tlH! eai;en,ent, and i~ach such 01..,ner shall have lhe right to ,mter upon the. easement area for such purpose. Such purpose shall include U:a right of. such 0\-mer to (a) construct upon the ('!asement area an uncovered concrete patio and (b) estabLitsh and 111aint,i:i.n " landscaping and irrigation system thflreoni provided such patio and system sh,:tll be first approved by the Architectc,ral Committeaa. The easement area and every part tJ1ereof 1 includint; thf L·aitiiH/e system estahl ishec: by Developt~r, tu successors arni ass,rp\s, .-u, part o.f che gi.:.,Hlinq ind ,)riginaJ construct~on upon the O~iginal Property, shall be maintained contimiously in a neat and orderly condition by such O1•me1·. (ii) The Owner o.f the Lot on which the ease1:1ent is
located shal1 have the right, at reasonable times, upon reasonable notice and in a re3sonable ·manner, to enter upon th.c:, easement axe?. for the purpose of maintaining, repairing or restoring t.he structural wa11 • of his dwelling, the structure of which it is a p.art, and the fence owned by hlm which adjoin and abut the e;;1sernent, (iii) Li/o stcra~1e 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 eas<'!mrn1t without the prior written consent of the Owner of such wall or fence.
(iv) EKcept for the fences and structures estab1 i t;hed by Dc,v,,~lopr~:r, o,· its c;uccessors and a1~1,·igns, as D,"lrt oC UH: ol·i9inal consl:ructic1n up<m the.:! 0ri9inal Property, and except as ,wc:horized by Section (bl {i) l1ereinabove, no fel'1:ce or .,J:her :;tructin.:e o!: any ':lnd :;hall b::1 conrc,truc:tc,.,d w1.thin 1 upon or adjacent to the easc"'\ent.
(v) No iJLrnti,:11 or t.)ther mate1:·L,l 01: autr:o:·ized ,;t:ructuro (including p,,tios) shall be constructed, 3.ltered, placed or 2ermitted to remain upon the easement area which may change the direction of flow of the drainage systeI"' established by Developer, or its successors or assigns, as par:: of the grading ot and original construction upon the Original Property or which muy obstruct, int,n:fer,::i or retard U1e f: 1.ow of: wat(~X' thr0Ut/h such system. 'l'he Owners o.t each Loi: within the ()rig~ inal Property ,1hall have the right to use the dr<'.inage system establislmd within the easement adjoining ;;ind abutting their !,ots for the purpose of droining their Lots (including :1 triurns); provid,~d that such Li.c,rht, or drainage shall not i.nc,ludc the right to discharge noxious or offensive matter.
(,;j) N,i use of thr! oas,!11wnt c;ilall
,1s provided hereinabove. •
GARR145
Ex 16-17
45 224 604

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
27 AR'l'ICLE X
GENERAL J?ROVISIONS
BK I I 224r6 604
Soction l, Duration. The covenants, conditions iuu:1
restrictions of this Declaratimt shall run with and bind the real property within Broadmoor San Cl<;imenl:.e, and .shall inure bo the benefit of and b~ enf.o:t:ceable by the Association, or the Owhcu:s, including Developer, of anY. Lot subject to this Decla~· rntion, their respective legal representatives; heirs, successors, and assigns, and are imp(.>sed upon the real property within. llroadmoor San CJ.emente as a: servitude in favor of each·and. every parcel of land therein as a dominant tenement, for a term of twenty (20) years from the date this Declaration is recorded, ufter '"'hich time said covenants, conditions and restrictions shall be automatically extended for successive periods of ten (10) years, unless an instrument, signed by a majority of the then Owners of the Lots, has been recorded with' the Orange County Recorder, agreeing to change said covenants, conditions and restrictions in whole 01· i.n part.

Section 2. Amendment. The covenants, conditions and
restrictions of this 75eciara tio r1 may ba amended by an instrument in writing signed by not less than the owners of three-fourths (3/4) of the Lots: provided that Article VII, Section 22 of this l)eclaration shall not be amendc.d without the consent of the City Collncil of San Clemente; and pr.ovided further that until 1980, Article lI hereof may not be ,1mended without the consent of Developer. Any amendment must be properly recorded.

Section 3. Notices. l\t'\Y notice required to be sent to any Member or owner und~r the provisions of this Declaration shall bo deemed to have been properly sent when mailed, postage , to the last known address of the person who appears as t-lc~rnbm: or Owner on the records of the Association at the time of such mailing. •
Section 4. Enforcement. Violation or breach of any
covonant, condition or 1.:estriction herein contained shall give to the Developer, so long as it is an Owner of at least ·twenty- !'.ivG percent (25t) of the t:.ota, or the Association, the right to cmter upon the property upon or. as to which said violation or bren1::h exist.1 and to '!.ntmma1::ily abate and remove, at the expen:1e of the owner thereof, any s.tructure, thing or condition that may exist thereon contrary to the intent and meaning of the provisions hereof, and/or shall give to the Association or t.ha Owner of 111w Lot, including Developer, the right to prosecutn a proceeding at law. or in 0quity against the person or persons who have violated or ure atte.mpting to violate any of these covenants, conditions or restrictions to enjoin or prevent them frmn doing so, to cause .said violation to be remadied or to recover damagos for said viol.a tion.

The result of every action or omissio1\ whereby any covenant, condition or rcstr:iction herein contained is violated .i.n whole or in part is herepy declared to be and to constitute. a nuirn:rnce., and every remedy allowed by law or equity against an Owner., either public or private, shall be applicable against ev1:iry such result and may be exercised by the Association or any Owner, including Developer, subject to these restrictions.

GARR146
Ex 16-18
46 224 605
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
28 In any legal or equitable proceeding for the enforcement or to r(!strain the violation of these restrictions or any provisions hereof, -the losin!J party or parties shall pay the a.t.torneys' fees of the prevailing party or parties in such amount as . may be fixed by the court in such proceedings. All remedies pro,.. vided hare in or at law or in equ.i t.y shall be cumulative and not exclusive. • •
Failure by the Developer, the Association, or by any
Owner to enforce any covenant, oond:i.tion or restriction herein contained shall in no event be deemed a waiver of the right to Qo so thereafter,
Section 5. Severability, Invalidation of any one of
these covenants, conditions or restrictions by judgment or court order shall in no wise affect any other provisions, which shall remain in full force and effect.

Section 6, Breach of Restrictions, Easements, Conditionn, Covenants and Reservations. A breach of any of the re;. strictions, easements, conditions, covenants or reservations here.in contained shall not defeat or render invalid the lien o.f any mortgage or deed of trust made in good faith and for value as to the Lot or portion of the Lots in Broadmoor San Clemente, but saj.d restrictions, easements I conditions, covenants and reservations shall be binding upon and effective against any owner thereof whose title thereto is acquired by foreclosure, trustea 1 s sale or otherwise.

Section 7. Hea«;lin9:s. Section headings are inserted for convenience only and are not intended to be a 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 8. Singular Includes Plural. Whenever the context of this Oec:laratl.on requires same, the singular shall include the plural and the masculine shall include the feminine, Section 9. Con!,ftruction, The provisions of this Declaration sfiall 6e liberally construed to effectuate its purpose of creating a uniform plan for the de:velopment of a residential community as aforesaid.

Section• 10. Obiigation of Owners and Members. The terms and provisions set forth ln this Declaration are binding upon all owners of all Lots, the :Association, and all Members in the Association. In addition, ~oth the Member and the Lot owned shall be subject to the terms !and provisions of the Articles and ByLaws of the Association.:

Each Member sha~l cause the Association to exercise all of _the powers and privi~eges and perform all of the duties and obligations of the Assoc.iiation a.s set forth in this Declaration, the Articles and By-Laws.

Section ll. Construction b~ Developer, Nothing in this
Declaration shall limit fthe right o Developer to commence and complote construction of improvements to Broadmoor San Clemente or to alter tne foregoing or the Lots or to construct such additional improvements as Developer deems advisable prior to the completion and sale of the entire Broadmoor San Clemente. This Declaration shall not limit the of Developer at any time GARR147
Ex 16-19
47 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
29 BK I I 224PG 606
prior to acquis.ition of title by a purchaser from Developer to dstabl ish on D.ny Lot additional licenses, rcserva tions and :dght.1:1-0£-way to itself, to utility compa.nies, .or to others may from time to time be reasonably necessary to the proper development a.nd disposal of Broadmoor San Clemente.

ARTICLE XI
ASSIGNMENT OJ:' POWERS
Any or all of the t·igh ts a.nd power a and reserva t.ions of Developer herein contained m.:i.y be granted, conveyed and assigned t.o any other corporation or association. or person ·which is now organized or which may hereafter be orgnnized a1~d which will t1ssume the dutil!!s of Developer hereunder pertaining to the particul,a: rights and powers and reservations granted, conveyed and assigned; and upon any such corp1nation or association or person evidencing its consent in \-.rriting to accept such grant, conveyance and assignment and a;sume such dutiest it shall, to the extent of such grant, conveyance and assignment, have the same rights and powers and be subject to the same obligations a11d duties as are given: to and ::uis1;,mad by Davaloper herein, aiid thenn1pon, Developer she,.11 be relieved of the performance of any further duty and of ,any furth~.r obligations hereunder.

ARTICLE XII
POWERS OF CITY OF SAN CLEMEN'tl?
If the City council of the City of San Clemente ("city 11 ) reasonably determines at a public hearing held after not less t.ban ten (10) days I pr:i.qr written notice to the Association that the Association has fa.i\ecl to perform any of its duties under the Declaration, the City shall have the right, but not the obligation1 to thereafter assume the performance of any such duty until such time o.s the Association demonstrates it::s ability to rcassume such performance; provided, however, that the City shall 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 foiled to perform its duties under the Declaration, the Association does not cure such fail.t.u::e within thi~ty {30) days from the date of receipt by the Association of said notice. In connection with any such performance by tho City,: it may exercise any of the rights and powers granted t:o the As,socia tion under this Declaration. '.l'he reasonable ~osts ("Costs") of any such performance by the City shall be bot.inc by !:.he Association; provided, however, that in the event ;such Costs are not paid to tho City by the }\saociation within sixty (60) days after the City has furnishod l:o the Associu tio:n a statement thcrofor, the Cit:y shall have the right, but not :the duty, to levy and collect a uniform aiu1essmcnt against each iJ:.ot within Broadmoor San Clemente to cover the Costs. Any such assessment shall be governed by the provisions of Ar:ticles lV and V of the Decla.ration,
IN WITNESS WIIEUEO~' 1 Broadmoor Somes, Inc,, the Developer GARR148
Ex 16-20
48 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
30 BX I I 224P6 607
hereili, has caused its: name to be hereunder subscribed the day and year f~rst above written,
BROADMOOR HOMES , INC • ,
a California corporation
By~-
I t.s St>c•reton'
-?.l-
..

GARR149
Ex 16-21
49 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
31 STA'l'E OE' CALIFORNIA
COUHT'l OF ORANGE
L'C '""
BK J J 224PG 608
On ..- l\lJCJl'"'l· J C-l.'l1'L._,-.,__, befo:r:e me, the 1mde:i:·s i.qned, a Notary l?ubl1.c .u1. ana for ,:;?ud State., personally appeared ,.-........,..,..... ......... l.-,'.1~,ir.em::c B. Uzo(·te uid r,, p omyx:d , known to me to be the ___ .:li_cc l:rps;Jden1· ,ui.d _..se:;~1'!---------~-- \Jf BROADMOOR HOMES, INC,, the corporation that executed the within .instrument, ki:cwn to me to be the persons who executed the wi th::.n instrument on behal of the therein
named, and acknowJedq.,d 0:0 :it~ that !,Uc!1 corpor:atio:1 executed the within :Lns~rument pursuant to it;1 by-laws or a resolution oi bo,:, <)t d:rect.o:

WI'l'N;';r;s my hand ,md official seal.
'NEIDMAN NorARY f'lHJti~~Ci\tfF{H<-"ltA
fl.RH-,r<;tF'AL OfPl~E 1_·; •
('.lq,'H,J.C:11! G,JlJ~HY
Ccmini~s>v-n Exp!t•J·!] Aiift, :J. 19; S
GARR150
Ex 16-22
50 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
32 8K I I 224rri 609
The undersigned, d~D c::;4!..l,'~VM ~ , beneificiary
under that ce.rta.'~n deed of trust recorded, ,,?,14~/ ?if. , 197f/, in Book 111.1/5 , Pnqe /H'f4 , Official Records, Orai?ge County, California;-nereby consents to the within Declaration of Covenants, Conditions and Restrictions for Bt·oadmoor San clamcnte 1 ai,d hereby subo.rdinal:.es the lien of said deed of trust to the provisions con- tained herein.

STA'rE OF C}\LH'OPJ,Hll
COUNTY OP c::.kA>;V-'~
On /4&/4Sr /{, , D74, before me, the undersigned, a Notary Public J..p_,and £or said Cwunty and State, personally ap!;ear1;d if.O. T1~R/./..V....-.n-.4 . . _!g;iown to me .~o be the -~df>.~ ·'? _ ,,- a,.:.l:-d ..c: .. ,-'✓.:, ;z v--:?;;-~~ k~p),rn to me ):.-0 e l:11e ./2 _"$d'T;__~~e,e.,:;-:r;;,,;,,1111/ . . .. · . . ... _ of ~ {~Y 1:r:.6-= ?-~EU.; ,c>,v,•~ME-1 ,e:;.,;:;,'V's:::; , t::1e/ho rpor J ti on that executed the within instrument, and known to me to be the persons who executed the w.ithin instrument on behalf. of said corporation, ,rnd ack1:011l,c',d,,;ed me l·hat :mid co1::pora.ti.on ,;;-:ecut:c,d thEi within instn,r!lent pursuant to its By~Laws or a resolution of its Bo,:1rd of Directors.

WI'l'NT::ss my hal1d and
f,itlflt,llll:'Nl·H• H'f I HIIUHltl i tr• l•l•n•II M •;, • • ~ ......... ~' HctlH 1'111411~,, ; , OFFICIAL SEAL i ! ~i . ' ll€TT1' fl. MOSfill !
j ~ , _ NOTAf1Y PUDUC- CALIFJfH-1111 I
i ''·"· ,,,... Of;A;,(;£ C,JUNfY I j My t:omrttlul:,n ExpircJ Jon, 30., 1 W6 j t,, • .,. ••• ,,~ f lf'ii'• • ,_.,,.,, UI ~ ~ • • ~'> ~-. ...... • '"-" • <-< •·lllilitl•lr"""""~' I ij,i,lfl' -23-
GARR151
Ex 16-23
51 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
33 ( )
DK I I 224PG 610
EXHUUT 11A"
That portion of Sections 28 and 33, Township 8 South, Ranga 7 Hest ·in the 2 City of San Cler.ientet County of Orange, State of California as per an Official

3. Plat filed in the District Land Office, January 1. 1874,·described as follows:
4 Beginning at the llortherly terminus of that certain course show11 as , "S ll"' 15 1 E 179.00 feet 11 in the tlorthi·iesterly line of Lot 180 of Tract !lo. 898, & as per 11'.ap recorded in Book 28, pages l through 4 inclusive of 11iscellnneous 7 • in the office of thn County Recorder of said County said point of 8 beginning also being the tlortherly terminus of that certain course shown as 9 11S 11° 15' 00" E 179.00 fnet" in the boundary of Tract tto. 5655 .;,s per l'lnfi 10 recorrled in Boo!: 209, pages 5 through 8 incfusive of said :liscollaneous l!aps; 11 thencr: alo11g said Northwesterly line ti 83° 26' 21 u H 262.07 feet to an ,rn~la 12' point in said tlorthwesterl!y line; thence along the Northerly line of said Tract 13 Ho. 898 the following courses: N 83" 26 1 ~!1 11 W 100,00 feet, fl 73° 41 1 29" \J 14 297.06 feet, tl 68" 41' 32'~ W 318.06 feet, ti 52° 57 1 1211 14 519,78 feet and 15 N 56° 42' 17'' W 402.83 fe~t to the most Northerly corner of Lot nn of said 16 Tract no. 898; thencr. along th~ Easterly lir.e of the land ril"!scriberl in the ll dcm<I t.e San Cla.1ent~ Scnoo'l Distrkt, recordf.!d on March 14, 1962 in I.look 60.:m, 18 pa(Je 213 of Official Recotds of said County the following courses:
19 !I 22° 04 1 42" E 232 .08 feet, ii 32" 50' 37" " 361. 11 feet and II 57° lO' 46" H 20 317,54 fflet to the Southeasterly 1ine of the land described in the r!ec<t to 21 Visb,'f!k Industrial Park, ai Corr,oratior1) rt?corrled on !leceMber 12, 1960 in 22 Book 5544. page 47l of saia Official RP.cord!i; thence along saio Soutliirnsterly

23. linr. rt 51° 21 1 15" E 438.n feet unrl rt 45" 13 1 14'1 f. 1502.03 feet to the 21+ boun,fory of Tract llo. 5fi91 as por map r~corded in Rook 209. pages 9 throur,h 12 25 in,-;lusive of said !\iscr!llaoeous !laJ'lS; thP.nce along said boundary the fol fowing 26 coursns: S 84" 46 1 46" E ~8.02 feet, Southeasterly and Soutl,erly along 11 27 t,rnpe11t curvP. concave southwestnrly with t1 ra<lius of 117 .on feet thr<,ugh a :
28 c1rntr11l angle of 108° 03' Jg'' a distance of 220.65 feet, Southwesterly alon9 a 29 JO
31 Paga 1 of 2
March 29, 1974
173-45/JKS;paj
l92, 08
Rev. April 9, 1974
GARR 52
Ex 16-24
52 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
34 ( )
BKI I 224PS 6 I I
EXHIIUT "A"
crJripound curve conc,we llorthwestcrly with· a radius of 220.CJO fr-et through a .2 central .angle of 26° 43' 20,; a distance of 102,61 feet., tan,:;ent to said Cln'\'!! 3 S 49° 59' 53" fl 158.39 feet, Southweste1•1y along a tangent c.urve concavo Ii Southr:asterly with a radius of 330.00 feet through a central angle of 5 40-0 59' Jl" a distance of 236.10 feet, tangent to said curve S 09° 00' 22" W 6 286.07 feet, Southeasterly along a tangent curve concave Northeasterly with 7 a rndius of 210.00 feet through a eentral angle of 70° 01' 35• a distance of 13; 256,66 :'eet, tangent to sairl curve S 61° 01' M" £ UH .41 feet, Southcilst~!l'ly 9 10 11 central angle of 19" 52' 54" a distance of 168.30 feet, South,,asrnrl." along ll a r!"!verse curve concav~ /lor:ileasterly with i\ radius of 1195.0fl ff!et ~hrough a 12 central angla of 19° 53' 26" a distance of 241.27 feet, tangrrnt to s,,1d curvr:
13 S 61" OP 1\6" £ 161.37 fedt, Southeasterly alnr.g a tarnJP.nt curve concnVP Northwith a radius of .470. on fim t tbrout7h ,1 centr,n a119la of 33° lO' 18" a IS dist.inc,, of 272.11 feet and tan1ent to said curve fl 85° 47' 56" E 104.'17 font 20 sai<I curve S 75 9 25' 12'' \f 42,85 feet, Snuth11esterly alonl} a t;ir.rent curve 21 concav,i Southeasterly ·rdth: a radius of 442.0fJ feet through II centril:l an!llr. of 22 56" 19' 27" a distance of 434,50 feet, tangent to sate! cnrv" S 19n OS' 45" 14 1) 121.22 :·eet, Southl!rly illonn a tan11cnt curve concave Easterly with ,1 radtus. of 24 242.00 fe~t through ii centrnl ;:ingl,2 of 35"' 51' 10" a distilcncr: of 151.43 feot 25 an,! Lil<11ent to said c~rvc S 16" 45' 25 11 E ll9.60 feet ti, thi: point of beoinnin9, EXCEPT!t/G THERlffROB L;j.;s 85, 86 and lots ''A" and "fl'' of Tract Ito. flfl97 ilS 27 per r:11n rPcorded 1n !look 3li4 , f)il!J!!S 7 to 11 inclusiVP. of Hiscell<1ncous /laps,

2.D r~con!s ot soi rl Oranqe County,
29 JI)
)1

Page 2 ends

!larch ?1', 1974
173-45/JKS:r,,.j
L92, O'J
Rev, lqwi 1 q, 1974
I
GARR153
Ex 16-25
53 // \\
Lii
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_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
35 ~ i'f •
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IEE
lN THE EYEIIT OF AtlY VARIANCE
BETWEEN THE SLOPES AS SHOWN ON Tit I S PUK ntUSL V li'§}§,%·'i%:l AND SLOPES AS ACTUALLY flHALLY GRADED, TIIE SLOP ES ,\S flNALL Y ORA.OED WILi. SUPERSEPE TitOSE SHOWN. 011 THIS PLAN. w
.... z z
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0... w
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GARR154
Ex 16-26
54 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
36 EXHIBIT "8 u

LOPE CONTROL AREA PLAN
TRACT NO. 8597

THE CITY OF SAN
w. o. I 7 3 • 11 5 R .CY. JI/. I" .9, I !114
1J
81 IH TUE EVENT OF MlY VARI/\IICE 1 1 : 33 , ,
BETWEEH THE SLOPES AS SIIOWH 1 , i 1 '
Oil THIS PLAN THUSLY m:;;·•:,·.mr-------J
MIO SlOPES AS ACHIALL '(
FltlALL Y GRADED, THE SLOPES
AS I-lHALLY GRILOED WILL
SUPERSEDE rnost SIIOWN OH
rlll S i't.\11,
i ~ I • l I I I . Jl J
. j ! ,,
Jt
.fl
Eftl/fZ4
'¼ r 1.,. - -- "' ')
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s',//ff 2 JI .1 1:•,'/ff.JGARR155
Ex 16-27
55 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
37 1 /! THE EVEIH Of AHY VAR! AN CE THE SLOPES
\S '.':HOW!l OH TH IS PLAN Ti!USLY EEL rr-«·::Ei MID

SLOPES AS ACTUALLY FINALLY GRADED, THE SLOPES
,\S ,HALLY GRADED WI SUf'ERSED~ THOSE SHOl'IH
011 TM S PlAH.
~\ t/ 1-.~
1ll /T"-
·~
JtAt I", St!'
f X H I0 IT '' 8 '

SLOPE CONTROL AREA PLAN
nAC rm <11
.P filf. CITY OF SAt, {'t.[t1C-l [
.~ ;,-, '{ • :.1 r.

Ft£ P tit.¼/"' ,9~ I'.!} 74,,
UK I I :224PC 6 J 4
\
)
I
'''GARR156
Ex 16-28
56 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
38 ~Kl I 224r C 6 l 5
57 i;·,dusi'tc of ,r;,ct !lo. 8:.97 fri tile
2 , ~it::; , f S,m :; J .;t!\0.i t.~, ::our.':./ of Onrn(:,,, S t.i ta of C;, l i forni a. ila. ::!.01m on 3 r:ili1 r;J:d n tlook :C<it, '·•!F'' l ;;o 11 , l11clud1'e ct '.lis,~c};u::c·:l!J., ;1°ps, 6 8
ID
12 13 ,
14 I
151
16 I 7
l q
,,
IS
20 2 l
22 :o
24 25
H,
27 18
'\'t ·,'. l 29 '. !:14
JO
I(~"\ ·10 ~
11 i, 9j 974
J;?
GARR1~7
Ex 16-29
57 LU
LU
LU
ZO
LU
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fCe 80
GARR1 58
Ex 16-30
BKIi224pj
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'J /:/? '/'-"/' ~'y ;;.y\, ~ ];; -• t\ I~~- / si,6'1 I t\\Jt,\1/ _,- 1"0 • EXHIBIT "D" •~'-- I -----~ ,./ ~ • • s ,,_'-..__.
v
1 / ICE y ~RD EA - / "i(°\ SEMEN r PL AN
-,~}"
TRAC1 NU 8597

IN THE CITY OF SAN CLEME
/ a. I J/IILr
E
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58 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
40 stAlf:
ii, rz2Mlfi 6 ,1
[SCLf[LA
59 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
41 7i"P/C,?/4 .OET/11£.

SCh'L[,' / '\, 4u
. I 8/J

SIDE YARD EASEMENT PLAN
lHACT 0. 8597

IN HIE CITY O SAN C EMENTE
W, O. I 7 3 - II S .f:tK ,,,,,i.r s, /,? ?<J
,5"/0E. J,:,?.f>L> E/iSEkJE./411 ,;,"'/l;JPf/.+'
1irtXCLF (_-...::.:.:...:._':J
BXI I 224r6 6 18
I
,
f
GARR160
Ex 16-32
60 Attachment 3
42 1:11 - ·- • '
: ,";" .
. '
9820
ll.ECORDING REQUESTED BY
IIND WHEN RECORDED MAIL TO:

Broaamoor Homes, Inc.

L7802· lrvine Boulevard
Tustin,·california 92680
Attention: M:t. Larry R. Li~zotte
I
I
BU 164?/lt 2~
ij.£1:Q/Ul'(O AT 111.~lfST u11m :1-m1. m:r 11ts. co.
•H cr~;=t..•t "r,·,.:.;;rff "'
DlHW,( ecu1:i:. ~I.I.
8:[10 Ml Fra l l • l!J76
L WYt.li C.l~LYrr. c.,._,,1 RtcaPG'9
(Above Space·For Recorder's Use Only)
SUPPLEMEN~ARY DECLARATION
. , OF . COVENANTS, CONDITI9MS AND -RESTRICT~ONS
. :THIS SUPPLEMENTARY· DECLARATION, r.lade _t:l.is 16th day of ~illlllar,Y_, 197 o, by BROADMOOR HOMES, :i:~iC., a California corporation {"Declarant") . , WHEREAS, .Pe9larant is the -owner oz cer-e:ain real
property _in the City-.l)t.·San Clemente, County of '.lrange , . state cf-. Califo·rni·a·, more particularl.y described as • follows: .'-!,.-: . ••. t; .. - . .. ·_:

Lots ~ through· 19" incl.1.tsive # of 'l'raat ,. : : 89.Gli . s shown on a Map recorded in Book 369 •' · '· :· P.a,g,es-.. 1)3' : th.rough 4~.~ • .in.elusive, of M.iscell.aneous ,. .. · ,-, :: .. • ·•,='•-.::iM.~PS:; Fec'9rds-: 0;;,_ o:r;a?\9& County,, Califomia • '!.;. • • • • , .c.,c.!1 J>1;;0.p~rty'11 )~ _ ·;, • -:-.
• .:!. ... J . . •. - J.:-!':· !~n~ ~-;\.: : • ":~ •, !;..,.t.-.; . ... : - -~ - •• , ··""' . . ·.: :;. ~~ . ::_.;z Wl:J,E:RBA.S,, .. Oi;..cJ.;fi.rap.t ,!i~;.i~s to annax tha Property to f-, , ;!::lJ.~. tQ,r:.:i,.g~~iL P.,:rop,e·~t_y&:,_ d~~r~b_ed .in, and to hri:lg the Property .. • ,... ,··.: ;~: - "~itjij.,!1 .t)lffe'.:~g~p.e_r,:?,l~:.:P,tan:-·,p.!J.9. _ _ s_g!J.~e. of~ that certain Declaration . •, ,-::·•~9..:f;rCQ.Y.Ii~~n:l;!l;,~:.C9n~.:i.-t;-ions.~.aIJP,~estriet1.ons :re.::::ordea August 19 , 1974, in Bool~ ll224, Page SBT, Offi~ia1 Records of Orange county, . ,· •'
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.. _., , .. -~ ,.A~J~i£o~~ia , and as amended by the Amendment to r:ecla-raticm of. ,, ; -. .--.G_o,Ye]la_n1:f.s v :·COl\di tions· -.. ~_sl,-,~~s-g_ictions recorded December 2 O • 1974, in Book 11309, ~a.ge· 1330 ~ Off;i.c:ial Recorqs of Orange .. ,-, Cg:tl,n.ty. Cali.fornia (the "Master Declaration"). w."doh annexation. •, .... , .~hA].;],: ~-e ~?,.e. pursuant .to ~action. 2.Ca} of .Article II ,of the ,. • -~~J.e.r,. Dec;l:,~ation: -a.nj:l . • • •
: ,;._.
. •: ,~REAS~ Deolarant will. convey- the P.ro~rty subject ~O :~~):t:~~n protective,90ve~ants., conditions. restrictions, -~~s~~v~i:i.ons,. liens ana c.h,arges·as set fortn in the Master . _:D,ec;:1,.~a·tion.~ -and sp!='!oiiical.l.y pursua~t to Section 2 of Article .. J:I ~o.f, ~h,e :Z.Jq5 te:t" Oeqlara:!;ion relating to the annexation of a,~g..kt-i_qnal. pi:ope.rtie.s. • -.::· ..,.·_ 'l -::NOW\,. 'l'HEREFPRF;-" - it is dee.lared as follows:;:
• ~:~, . s:~ti~n -1 .. c,·'l'lte Property ~s hereby made subject to al1 o _f _th~ .tE!~ • coy_enants / c-;mdi.tions and pro,;isions as set forth ; i,;i_:t he Master Dec.1,ar.a:c:i:pn,. and specifically pursuant to Section 2 of .A:cticle II 0£ such t-la.ster Declaration, to all inten·ts and .. :,. ~~oses as though the l?xo-perty· were a part cf the Master Declarati 1-.. .--i~!" i•~- ~
, _ _ .. , . :. Section 2:. Exqept as prov.ided in Secf;ion 3 of Article . ,,'!(.(:I o_f -t,he -.Master -De:eJ.axation,. no building, structure- or improve- . -J!le.1?,t • sl;l~l _·be ·constructed; erected, altered, piaced or permitted·:
,?:to ;rei:n.ain ~ ~ny- of the Lo.ts within the Property other than a single .f_~,ly c}.welling designated fo:r occupancy by not more than one family.
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EXHIBIT C
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' Section~ ~ No building, structure, irnprdvement or ( addition texciiiding chimneys and roof vents) shall be con- structed, erected, altered·, placed or permitted to remain on any portion of the Property, which exceeds one story in height with a maximum heig.ht of 17 feet. No tree, bush or shrub shall be placed or maintained upo~ (i) any Lot described in Exhibit "A" , attac hed hereto and i ncor porated herein by refer- ence1 whic-h exceeds 17 feet in height or {ii} upon any other Lot in the Propert y whi .ch exceeds 20 feet in height. --Section 4. There shall be granted to the Asseciation. easements over the slopes of Lots l through 19, inclu.siv-e, -:,,_of:
_t-he,.- Pr.op'erty,: and "the City all.ows enc;i;-oachment 0ver the parkways of Calle Delicada for maintenance purpose, as more· _p~rticula:rly shown and described in the Slope Control Arca Plan -- --~t,t~ched·-hereto as--Ex"hibit "B" and incorporated herein by this ·• ·reference for the purpose of maintaining said slopes (referred to µerein· as · '!S,lope Control. .l\rea. 1!) D The Association shall ma-intain • t~~- SJope Control Area ~nd all landscapi.ng ~hereon, as originally ' :unproved by De-clarant, 1.n a neat, safe, sam
,tary and orderly condition {including the replacement of landscaping when necessar-1 or: appropr-iate-l and in suoh a manner as to enhance their appearanc ·ana~ tOfpre~ercve
·established
.slope ratios, prevent
- erosion and
·s1~aing; p'r'oblem~, a-nd fa:cil
.itate the or_derly discharge cf water through established drainage -Sy.stems~ ~ l -~~·-~ ~-.ii';·' ~- ..-: ~. -
-
-.
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•f
::, •~• •
:
•·secti~n -;s
·~, . (a) Each Lot
- within the ·Property (except
Lots 11'.«-:.•ant,'l,• 19
-•of~.!l'ra'
·c:t 896.3) shall have an ea,sement c:reated
--, ,<~h~'r
'eoh: hy.:,_grant or· ::r-i:servation six (6) feet in Width, exte~ding from the frdn't' 1o·t:;.~'rine to .the rear lot 1ine thereof, as more . paFt~cula~ly
·shown and described on th~ easement plan attached
-
~,~· .i
.<tiere'b'ota.rsL:J:'!~bi·bit"i
:
'
-'C!'-l and fncorporated herein by reference,
[
::fats ~t:11EP J:ie·ne'f.'it~ dr •the
<Lb"t.~"(iric0luding Lots 2. through 14,
• · • ::.c::i'ncl.us1:v~~;:'and' -1.'6-"1::hrough ~.:g;,- -inclusive, of Tract No
. . 8 %'3) .
-:-
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1"adjdi'ifing
·1',afia~:aliu't.t-in'g
"::Sa-i8"~easemen t. . • JJ .... · ~. --:- ~~f~':: :;..!. , • . ,j-_'1-~ -... - - :.. :..-:• • :-' • .;ri:.• :.., ,. ;Y.~t0··l,;:;;:,.1,.
--£ • -:•:-:: :n,) : -E
·ac
·h such easement shall be Uped.
-~:~ria.
: :~njoyed subj~ct~-to ~he•
•f'o'llowing terms
·and conditions: i . :".Ii •" ':. ~l.•~: £ 'li• ' . !;. '. . •. • •
· -~~1M'' ,:::- :
0 •
- ··
<
,_
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.:.
.~ •
=·:(i} · 'l'he ;easemient shall .be used only
"as' a general. ricreationa1
·and garden are~ by the Owner of the tLot adjoxi:ii:ng· -and' .:al:iutting the easement·, and· each such OWn~ shall have the right to enter'upon the easement area ·for·· !such purpci'se1• Such purpose shall include the right • ~ cif'' ~uc·h owner·"to • {a} -const.ruct upon _the easement area an •· .,i: "-'uncovered· eonc.rete _,Pa
·tio ~nd a wall, provided said wall • '! •• rshal-l'- not' be 'clo·ser ·thin· -three (3) feet to the st:ruc:turaJ. - i.• ,;<wa:n· of
"the dwel-l±ng aria :(b) establish
·and maintain a
landscaping and firigatlon system thereon; provided such patio, .wall and system sha·11 be first approved by the · Arclift:ect.ural Collllnitte.e. The easement area and every part _ther~mf, including t:he dra.inag
·e system established by DevelopE
• ··i.t1f ·succ.ess'ors .and. assigns, as part of the grading and ,·i5dg·inal·
_c0nstruc;:ti•on· upon· the Property r shall; be maintqined .: contlriuciusly in a ·neat· a:rta orderly condition by such Owner • . : . ~. ~ ., : . ·. '• • . (,ii). The Owner of the Lot on which
.the easement is located shall have the right, at reasonable time!:!, ·upon reas·onable notice and in a reasonable manner, to enter·-upori·th·e easem.en:t a:rea for the purpose .of maintaining. • ·repairing or restoring the structural wall of his dwelling, < the ·struc·t\lre of which· it is a pa;rt, ;:r.nd the fence owned by .. 'him which adjoin and · abut the easemente
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- ~ :.-. ::_,: , .. _ ·'..':.: :-, . ·.:-... . ·
.• : . ~-?: ( "i" :·•!': -:.- . :· "°\" ! :
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BK I I 645r& .234 •
•.,•, .. ., .. , ~ .:: . .- , ., .. {-iii) No sterage o-f any kind shall . be permittecf '·on •tjl-e. eas·emeiit, nor shall any object or device !?:f :!a_;qy. ½A,,ntj,- -bel(.,~ffixed to the structural w.all or fence adjoining and abutting the easement without the
prior written consent of the Owner of such wa,l.l. or fence. • . ., , i·, :. , ... ,. ,,, . .(iv-} Except for. the - f ences and ·structures· estap_.:µshe(l'.by Deve+oper, or its successors and • • ·--a:s•si.gns··, ·as part···of· 1:;ft7- origin~l construct~on upon ~he • • --Prop~·rty.-,· .. ·and·•~cept as· authorized by Section (b)· (i) -·.: . .' .z)7,f;~J:~al;>py.7, .. ;};9; f~B'Ee::«?-r· otlle~ st1:'ucture of any kind shall ;,,; J ~ .-.~,-_ ,;>e<'.}~f?.n~(t_rµ~$:idi..?f,½~.:upon or adJacenf to ~he easement; . . f : !o!, ,,. - l?.f9:Y&1t.!i!d;,;.1.P.?~f~~:[i~; tJ}~ • an Owner of a ... ot :.,ay construct , ,, , .. .. ,i!jrg5q::, .. ~,api .;e:i:ic~;_(~argh -shall be• ·first approved_ by the .; ~ ".-: '21rcn::!.'te,QJ'urif;_:~~t-El!!i which may . intersect wi 1;.'1 the ~--· . -~ i~s·~~e'nt~ra.rea-.~ ~ .. '<-: !-' -'· i.-~ (v) No planting or other ·mate-rial · o:r authori·zed struct:w;e ( including patios l , shall be constru.c;ted, altered, pl.a-ceg or permitted to rertain · upon the easement area which. fuay ~change the. direction of flow of the· _drainage ·system established py Decl.arant, or its successors or 'assi·gns, as- part. of- tne g~ding of and original ·con:- struction upon the p·roperty or whieh may obstruct, interfere or retard the flo~ of water through such system. The Owners of each Lo.t within· the P~_operty· shall have tbe right to use. the· drainag~ sys--tem established within the easement adjoining and a.butting: their ~ts for .the purpose cif draininc; their Lots {in,oluding< at.riums) ~ provided that such right of· drainc1,ge shall riot include the right to dis·charge noxious.- or· affens~ye matter.
{vi} • . No- use of the ea-sement sha;Ll be
made except as provid'ed hlµ'.eina'b.ove.
. . Section 6. Each· Lot within tqe Property ;s hereby
declared. to h.ave an ·eas~ment. over all adjoining prope.J::ty for the purpose of accommodating; aey- inin6r-encroacbrnent due to origin-a-1 • eng-ineering cir surveying· errors'~ e~rors· in origi??,al construction, or settlement or shifi:,.in~ .o.f a building or other structure 6 and for the purpose of maintafuing. such encroachm;nt.. •
Section 7. • The: covenants, conditions .. and restrictions ot this supplementary De~laration may be amended only in accordance with Section 2 of Articl.e X of the Master Decl,aration. Any amendment must be properly record·ed •
• I N WITNESS WHEREOF',, Dec;I.arant ·has executed this instrument as of the day and year first above .written .

BROADMQOR HOMES , INC.
a California Corp .ration
By ______________ _
Its _____________ _
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63 ATTACHMENT 4
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DECLARATION OF LAURENCE R. LIZOTTE
I, Laurence R. Lizotte, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. During the early to midw l 970s, I was a Senior Vice President with Broadmoor Homes, Inc., (the "Company") the developer of the Broadmoor Community in San Clemente, California ("Broadmoor").

2. As the Se.nior Vice President, my responsibilities included obtaining approvals from the City of San Clemente so that the Company could build Broadmoor. I attended Planning Commission and City Council meetings, and I also met with members of a community group called the "Rancho Margarita Associates" including a woman named Sally Sargent, who was one of the leaders of the group and who lived at 203 Calle Felicidad in San Clemente ..

3. During these meetings with the City and the Rancho Margarita Associates, it was emphasized to me and the Company that existing ocean and coastal views were extremely valuable to the homeowners on Calle Felicidad, the street directly above where we proposed to build the Broadmoor Community. In response to these concerns, the City imposed conditions of approval concerning height restrictions on structures and landscaping.

4. In addition, through these meeting compromises and concessions were negotiated 18 to the satisfaction ofBroadmoor, the Felicidad homeowners, the City's Planning Commission 19 and the City Council related to: (a) the regrading of the Felicidad backyard slopes, and (b) the 20 elimination of the sidewalk requirement on the east side of Calle Delicada in order to gain more 21 platform area to meet City Ordinance requirements to build the Delicada houses. Sally Sargent 22 and her group agreed to these concessions in exchange for permanent Delicada height 23 restrictions so as to preserve views from Calle Felicidad. 24 5. On November 28, l 973, I attended a meeting of the San Clemente Planning 25 Commission at which it passed a motion to approve our housing plan for Broadmoor with a 26 condition of approval requiring the Covenants, Conditions and Restrictions ("CC&Rs'') to state 27 that all homes be single story and no higher than 1 7 feet. (See pp. 6-7 of the San Clemente 28 Planning Commission minutes for its November 28, 1973, meeting attache·d hereto as Exhibit 1.) DECLARA TlON OF LAURENCE LIZOTTE

EXHIBIT D
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1 6. On January 7, 1976, I attended a meeting of the San Clemente City Council at 2 which the City considered and approved the tract map for homes that would be placed on Calle 3 Delicada. During this meeting, Ms. Sargent asked for assurances that certain provisions in the 4 final map approval requiring various restrictions be contained in the CC&Rs when recorded with 5 the County. I recall that Ms. Sargent was referencing height related conditions of approval 6 including a 17 foot height restriction on structures and a 17 foot height restriction on trees, 7 bushes and shrubs. (Seep. 7 of the San Clemente City Council minutes for its January 7, 1976, 8 meeting attached hereto as Exhibit 2.)
9 7. The Company accepted these conditions of approval and stated that they would be 10 included in the CC&Rs and recorded with the County. Following that hearing, the Company 11 signed off on a Supplementary Declaration of Covenants, Conditions and Restrictions for the 19 12 lots on Calle Delicada and as required by the City we included a 17 foot height restriction on 13 structures and a 17 foot height restriction on trees, bushes and shrubs. 14 I declare under penalty of perjury under the laws of the State of California that the 15 foregoing is true and correct.
16 Executed on November -'1._, 2021) at_ =o;,.,....._=....~:n!!:!' 17 18
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(
DEClLARA TYON OF LAURENCE LIZOTTE
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28 DECLARATION OF SALLY A. SARGENT
I, Sally A Sargent, currently residing at 1121 Jugador Ct., San Marcos, CA 92078, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I was a resident of City of San Clemente (''The City") during the period of time that Landmark Financial Corp, and subsequently, Richard B. Smith Co which became Broadmoor Homes, Inc. ("Broadmoor") requested approvals from the City of San Clemente to build homes on Tract 8162, the greater Broadmoor development and Tract 8963, which represents the 19 houses on Calle Delicada and their common areas. This period of the development approval phase of the Broadmoor Community lasted from approximately 1973 to 1976.

2. I lived at 203 Calle Felicidad, San Clemente, CA 92672, together with my late husband Donald Sargent during the development approval phase of the Broadrnoor Community.

3. Calle Felicidad ("Felicidad") is the street directly above Calle Delicada ("Delicada").

4. From our home on Felicidad we had a wonderful, unobstructed view of the ocean and coastline, Dana Point Harbor and Catalina Island. Prior to the Broadmoor development, there were no homes built on the hillside between the houses on Calle Felicidad and San Clemente High School.

5. The houses on Felicidad were built by Pacesetter Development Company and my home was built in 1966 as part of the residential development in the City known as Rancho Margarita. Felicidad is the lowest street in the Rancho Margarita Development. Other Rancho Margarita houses were built further east and up the hill from Felicidad. The Rancho Margafita homes were single story and terraced at approximately 20 ft. or greater elevation intervals on the hillside providing the homeowners with ocean views.

6. In the early 1970's Landmark Financial Group planned on building two-story single-family residential homes on tracts 8162 and 8963, Delicada, which are located directly downhill from Felicidad.
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DECLARA TU:ON OF SALLY A. SARGENT
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7. Our immediate concern was that the two-story houses would eliminate our cherished ocean views. Consequently, a group of Felicidad neighbors and a few residents on neighboring streets formed a group known as the "Rancho Margarita Associates". The goal of the Rancho Margarita Associates was to communicate our concerns to the City Planning Commission, the City Council and the developers of the 8162 and 8963 tracts, in order to protect the views on Calle Felicidad and any other factors which would negatively impact the Rancho Margarita Associates ("RM Associates") such as traffic and housing density.

8. The RM Associates filed petitions and comment letters with the San Clemente Planning Commission and City Council and attended Planning Commission and Council Meetings in order to express our concerns about development of the downhill tracts. I personally attended many Planning Commission and City Council meetings and was one of the more active and outspoken members of the RM Associates.

9. The RM Associates, which included at least 65 participants, became well known to City officials. Apart from my late husband and me, the RM Associates included multiple other neighbors living on Felicidad including Jay and Susan Rice, William Kerns, Fred Keeler, Don Stenerson, Frank and Maryanne Dreher, Richard and Karoline Koester to name a few.

10. The 65 members of RM Associates petitioned the City to not deviate from the established Code requirements recommended by the City's Committee on Subdivisions as Landmark, the developer at that time, had requested multiple variances from the Code which we felt would have impacted the Felicidad homeowners. (See p. 2 of San Clemente Planning Commission Minutes of January 10, 1973, attached hereto as Exhibit 1.)

11. During the January 10, 1973, Planning Commission meeting, my neighbor, _fred Keeler, living at 205 Felicidad, specifically asked for clarification as to whether his view would be obstructed by the proposed terraces. He was informed by the developers that the terraces were proposed for 16 to 20 ft. of elevation change so that each terrace would have a view. (Exhibit I at p. 4.)

12. There was substantial opposition by the Felicidad neighbors against the Landmark -3-
DECLARA TB:ON OF SALLY A. SARGENT
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development. After much discussion with the representatives from Landmark:, Landmark agreed to include in their proposed development CC&Rs that would only permit single story houses to be built on lots facing Delicada specifically so that the views from homes on adjacent tracts would not be obstructed. The houses on Felicidad are the adjacent tract.

13. Eventually, Landmark Financial Group lost its option to develop the property and it was taken up by Richard B. Smith, Co which became Broadmoor Homes, Inc. and acquired the option. Broadmoor subsequently continued with the plans, originally started by Landmark, to seek approvals for development of the Broadmoor community, which would include approximately 225 homes to be located on tracts 8162 and 8963, downhill from Felicidad.

14. At the Planning Commission Meeting on November 14, 1973, Larry Lizotte, VP of the Richard B. Smith Company, and subsequently Broadmoor, proposed and requested that the City deviate from its standard building code requirements. My husband, Donald, voiced his opposition to the deviations and concurred with the City Engineer that the city code should be adhered to with no deviations.
15 . During the period between late 1973 and 1975, various Broadmoor officials approached residents living on Felicidad to explain their plans to build homes below Felicidad.

16. The Broadmoor officials included: Richard B. Smith (founder), Larry Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood (Senior Vice President and Secretary), Don Corbin (architect at MoITis & Lohrbach Architects), and John Hazeltine. We emphasized to Broadmoor that our existing ocean and coastal views were extremely valuable and needed to be preserved if they wanted the support of the RM Asso~iates for the development of any new homes.

17. There were several meetings between the Broadmoor officials and the Felicidad homeowners, some of which took place in my home, at 203 Calle Felicidad. Through this series of meetings, many compromises and concessions were made by all parties concerned to the satisfaction of both Broadmoor and the Felicidad homeowners. One such meeting was held on -4-
DECJLARATJION OF SA]L]LY A. SARGENT
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November 27, 1973, by Larry Lizotte and RM Associates. (Seep. 6 of the San Clemente Planning Commission Minutes of November 28, 1973, attached as Exhibit 2.)

18. At the Planning Commission Meeting held on November 28, 1973, Mr. Keeler and I represented the Felicidad Homeowners. We were insistent that the height difference between Delicada and Felicidad would be a minimum of 20 ft. Broadmoor agreed to this and that only single level homes would be built on Delicada with a maximum roof height of 17 ft. so as to preserve the views from Felicidad. We asked that these conditions would be imposed on the Broadmoor development even though the Broadmoor developers had previously given us their word. (Exhibit 2 at p. 7.)

19. Consequently, the Planning Commission passed a motion to approve the Broadmoor plan with the added conditions to the approval and to the CC&Rs that:
1) the building pads on Delicada be a minimum of 20 ft. below the pads of the existing homes on Felicidad, and
2) all homes be single story no higher than 17 ft. and at no time can a second story or other structure be added which would exceed the 17 ft. height limit. (Exhibit 2 at p. 7.)

20. I was also present at the December 19, 1973, City Council Meeting. Lany Lizotte presented the revised plan for the development at the public hearing portion of the meeting. Bill Kerns addressed the Council apprising them that RM Associates had spoken with the Broadmoor officials and had requested the following before allowing Broadmoor to build:
1) That the first row of houses which are on Delicada be at least 20 ft. below the pads of the houses on Felicidad, and that their roof height is limited to 17 ft~ 2) That the CC&Rs include a statement that the houses on Delicada cannot add to the height of those buildings
3) That the size of the houses would be larger than 1720 sq. ft. (See pp. 1-2 of the San Clemente City Council Minutes ofDecember 19, 1973, attached hereto as Exhibit 3.)
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lllECLARA TION OJF SALJLY A. SARGEN'f
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21. I also addressed the council on behalf of the RM Associates. Given the abovementioned concessions, I spoke in support of the variances requested by Mr. Lizotte of Broadmoor. Mr. Lizotte confirmed for the public record that the three abovementioned requirements that would be imposed by the City as a condition of approval of the subdivision would also be included in the CC&Rs. The Council then unanimously approved the Broadmoor plans subject to the conditions requested by the RM Associates. As far as the RM Associates were concerned the inclusion of the height limitations would preserve the Felicidad views. (Exhibit 3 at pp. 1-2.)

22. Concerned for their view, the Felicidad neighbors were worried that the houses planned for Delicada may have been taller than the 17 foot restriction called for in the CC&Rs.

Consequently, I wrote a letter dated November 13, 1974, to Mr. Dick Ahlman, Director of Planning for the City, requesting that an onsite physical inspection be made of homes to confirm conformance with the CC&Rs. I emphasized in the letter that the 17 ft. height restriction was a major provision that we had worked hard to have included in the CC&Rs and that we wanted to make sure that this limitation was actually being observed. The letter was co-signed by many of our Felicidad neighbors. Mr. Ahlman responded confirming that an onsite inspection was conducted on the models homes and they were all found to be 17 ft. high or a little less.

23. Still concerned for our views, we requested that an additional model be measured which appeared to be taller than the others. I wrote a second letter to Mr. Ahlman, dated February 11, 197 5, to physically measure model 1 A I was present, along with two neighbors at the site inspection and measurement of the model in question. The measurements were 17 feet 1 inch or less. We considered this within the tolerance of compliance with conditions imposed by th~ City Council and the CC&Rs. Attached hereto as Exhibit 4 is a true and correct copy of the correspondence dated November 13, 1974, to Mr. Ahlman, Planning Director, City of San Clemente.

24. I was present at the January 7, 1976, City Council meeting where the tract map for Tract 8963, (the Delicada Tract) was approved. As I was specifically concerned about the views -6-
DECLARATION OF SAJLLY A. SARGENT 70
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28 from Felicidad, I asked for assurances that certain provisions in the final tract map be included in the CC&Rs when recoded with the County so the City would not be faced with important elements omitted from the documents as had happened in other situations. As the Felicidad neighbors were relying on the conditions of approval of the tract map and the CC&Rs to protect their views in perpetuity. These conditions included the single story, 17 ft. height restriction on structures and 17 ft. height restriction on trees, bushes and shrubs. (Seep. 7 of the San Clemente City Council Minutes of January 7, 1976, attached hereto as Exhibit 5.)

25. At that meeting, Mr. Lizotte, representing Broadmoor Homes. Inc. stated that all the restrictions for the tract, planting and maintenance were reflected in their plans and would be included in the CC&Rs and recorded with the County. Furthermore, the City Attorney commented that he was setting up a procedure to ensure that the CC&Rs were reviewed to make sure all the various items were included therein before recording. Following discussion, the City Council unanimously approved the final tract map for tract 8963. (Exhibit 5 at p. 7.)

26. Subsequently, on January 16, 1976, BroadmoorHomes, Inc., submitted its

SUPPLEMENTARY DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS for Tract 8963 ("SUPPLEMENTARY DECLARATION'), for the 19 Lots on Delicada. This document was recorded with the County of Orange, California, in early February, 1976. The folJowing section below is included (Exhibit 6 at p.2) :

Section 3. No building, structure, improvement or addition (excluding chimneys and roof vents) shalB be constructed, erected, altered, placed or permitted to n·emain on any portion of the Property which exceeds one story in height with a maximum height of 17 feet.

No tree, bush or shrub slmJII be pBacedl or maintained upon (n) any Lot described in E;hibit '6A", attached hereto am! incorporated herein by reference, which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height.

27. We were told by the City and Broadmoorthat the abovementioned SUPPLEMENT ARY DECLARATION, in addition to the condition of approval limiting the heights of all plants and building, would be sufficient to protect the views from Felicidad in -7-
IDECLARA TION OF SAJLLY A. SARGENT
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perpetuity as the limit of the structures and landscape was set at 17 feet.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on October 4:> , 2020, at San Marcos, California. .- .
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DECLARA110N OF SALJLY A. SARGENT
72 54
20J Catie feticid.a.d
San Cia,ente, CA 92072
fJoue,!b~r 1:;~ 1974
f1Iro Diel;. AhKTiU4"'lt .Planru:Fl9 Di.f'::ctor
City of San Ct :ilente
City flail
zoo Auenida Preeidio
San C:hrne.nte8 CA 926'72
;;~, the und ~ igned, ere r~~estin th::!t an on- ite p •sicat inspection be 11ad~ of the ho es in the a v~ trnet to .. ke sure hat they are, in fact, con/o in. tot .e 1? f, t hei~ t l' itation placed c-n an ho.: cs in the tract hen it un_ gro.nted. final appl"Oua1 by th.!. ity ccu.rteil. rsee Scct!cn 2~, _ 15 ot the re¢ r ~dCC&.q•~ for. this tra..: t.)
fie /eel justified in ~.aking this request ince o pr~!t~·Mry e~surern~r.t by a staff memb~r £n the planning depart~ent ind·cat .d that at lmst one of the actual building p_lans on ile 2 xce d tr.c 17 foot h~iaht limit.
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The fact that =king this r quest !10.s already r:ientioned to Larry Lizotte, Yiee PNS dent of o,:t us uerba Uy th!Jt if I.las found to ~:ceeed t
it ~utd !le 11no f)robt aoer the roof_ t~ b!"tng
We witL oopreciate it if ou ruitt ~En itt~n pot on yolT findings f the actool heights oj _ ch oft J plans (inet i,_ the oorious exterior rfasigns of each plan, e ~! wr..i(!h ; v higher r·dgeHne nan othua) to .":'aroliru? K ~ter1 ,;2 Cc.He Fel ici d in San " te Site will, ir.. .t.rn, di~tr·bute this 1,.~on:.ation to ali of the der ·gned parti~s. rour coopercti<ui in ti:is tter u;itt he ted a ... thi
a mjor prouisfon we 1DOrkeo ro.rd. to _ ri,e 1?Clt:1 uii to nahe sure that th 1? foot h~i9ht li itotior. is actoolly being ob --- cc: Lcrry Lt2otte
Tony Di Giovanni
Pat Lane
Cfmrt~s Po,:
73 55
November 131 1974 D ii.cit 1lhl111an
Re~ Tract No. B597 Br-oadmoor Hemes ~ 11clditional Signatures -2-
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Mr. & Mno Donald~. Sargent et i1
e/o Karoline Koester
321 Calle Felicidad Re: Ttnad: No . 85f7
San Cl eroente, tao BYO d er Hfi~s
Dsr Mr. .___------'----' & ____ ::_
-~_________.In wer to your letter of Nft10,dftlt1t.DJ' 13, at 1ch t1 you requested an on-site phy 1ca1 inspection be aede of the hates t the Broadmoor Tract to dete e confo nc w1th the 17 ft. height 11arlta• tf on placed on all 1n thts devel t 1 please be dv1sed that an inspection was de on Decser 5. 1974, of those d ls '9hich b ve the greatest height 1n tbe1r elevations. t speet1ons ere de of mdel 2c, 3B and 3C located at 101 Aven1d Pres1d1o, 623 cane i el and 613 Calle Miguel, and the1r heights wen, respi!Ct ve y. 16 1 1•, 11 10• and 16'11".

Enclosed re topies of a p1@t plan and construction sequence schedu1eo further identifying these properties.
14t il meet1vig 1th the arcMtaetD e i.1e ~ advised th t the. el vathms oo our approved 3111ns are not to scftllll.
ff Y@\ll have fiY fVAtrt.heir questickl «m tMs natter o please dvise me .
l:iTA:pt
cc: C1 ty Mtiiage-r
L rr.v U zotte
CcYnci1 . . Di G1ov nni
Counenman L rit
Counci lmin Fox
Ril~hard 'f a Ahlm~o Director
Dmpto of Building & Planning
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Hro RlcJw.rd T. Ahl.man, Dfrqc t or
Dept .. of Building & P!ami"9
Ci t y of S® Ct. ente
lOO ~1uenida PrEsidio
San C tement E1 C 92672
203 Ca LLe i'et te idad
San Cl e:;;Qnte~ CA 92672
Febrl:tlry 11, 1975
Re: H~us H~i ghts in Tract 6597
Braadmoor Heme
Dear Hr. Ahlr.:an:
""' r your le
e n ~ • Le I:'
C! "' r T
h
tJ-..at l!'leo
a 1 ty apprec (
t ent end n
oo r.:QO.t:,u-~d
a• io • I[ t •
Uci xd t
refor~, oskin9 Jo
:odeL in at ,
·n e~r.!t true ti n
-'~ r-d n Lan.
ue r~c41iu11d
a di t io
a phu3tcal or.- ~ .. t
• n ad
c: t 3 ca.,_,..,,,,.J.,.,
76 58
...
fl.TS. Sally S1rgent, et al
203 Calle F~licidad
San C1emcnte 1 Ca.
your 1ettc·r of Febr <1rtmerit
sicilll rr~ "u Gr<itiihovr
RTA:pc
cc: Councilman Pat Lane
~'1U~St, \Ti pres~nA~ Of
la~i~ ~r~a.
ictivi::ly, 17'1/•l'"
·11 e roo
Very tru l.ll yours•
Richa!"'d T. 1-\lllman. Di ri:ctor
Dept. of Building r~ Planning
Counci1ma~ Charles rox
Councilman Antflony Di Gi ovamrl
Larry Lizotte
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lllECLARA TION OF ALAN JAY RICE
I, Alan Jay Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. I have lived in my home, located at 301 Calle Felicidad, San Clemente, since 1968.

3. In the early 1970s, there was no development on the land located below Calle Felicidad, where the Broadmoor community is now located. This land was previously an old landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills.

4. Because there was no development downhill, the homes on Calle Felicidad had an unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point Harbor and Catalina Island.

5. Shortly after I purchased my home, Landmark Financial Group wanted to build two-story single-family residential homes on tracts located downhill from Calle Felicidad.

6. A group of neighbors on Calle Felicidad that were concerned with protecting the existing community from ill-planned developed formed a group known as the "Rancho Margarita Associates". The group's objective was to prevent any negative impacts of new development on their existing community.

7. The Rancho Margarita Associates group became well known to City officials and included approximately 65 members, including myself, Susan P. Rice, William Kerns, Fred • • Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, Bob and Joan Kahrs, and Donald and Sally Sargent

8. Our group of neighbors organized to file petitions and comment letters with the Planning Commission and City Council in order to express our concerns about development of the downhill tract.
lllECLARA 'fION OF ALAN .IA Y RICE 78
60 1 9. Eventually, Landmark Financial Group lost its option to develop the property and 2 Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for ,3 development of the Broadmoor community, \.Vhich would iI1clude 225 homes to be located on 4 tracts downhill from Calle Felicidad.
5 10. I personally attended many Planning Commission and City Council meetings 6 where City officials considered approvals for the Broadmoor community. 7 11. During the period between late 1973 and early 197 4, various. Broad.moor affic,ials 8 tactfully approached every resident living on Calle Felicidad to explain their plans to build 9 homes below Calle Felicidad.
10 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry 11 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 12 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 13 (Senior Vice President and Secretaiy), Don Corbin (architect at Morris & Lobrbach Architects), 14 and John Hazeltine.
15 13. Broadmoor knew that it needed our support in order to get the City's approval for 16 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 17 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 18 meetings, many compromises were made to the satisfaction ofBroadmoor and the Calle 19 Felicidad residents.
20 14. We emphasized to Broadmoor that our existing ocean and coastal views were 21 extremely valuable and needed to be preserved if any new homes were to be built. 22 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 23 Calle Delicada lots. The dimensions of Broadmoor's original plans did not comply with the· 24 City's Code requirements.
25 16. Broadmoor sought a solution to the insufficient lot sizes on Calle Delicada by 26 asking individual homeowners on Calle Felicidad to give up a portion of the hillside slopes on 27 their properties, so that depth could be added to the Calle Delicada lots. This was to be 28 accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners. -2-
DJECLARATliON OF ALAN JAY filCJE 79
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6 17. Broadmoor also sought to gain additional area for the lots by asking the Calle Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle Delicada could be eliminated.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

19. Many of the Calle Felicidad homeowners submitted a petition to the City Council 7 Lh.l\t allowed this sidewall, to. be eJ1rn.inate.d. so Brmtdmo.or could g~.i 11. .. the land re.g.uire£l to develop 8 the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the 9 Calle Felicidad homeowners' request.
10 20. In return, Broadmoor went out of their way to assure Calle Felicidad homeowners 11 that our panoramic views would be preserved and protected despite the construction of the new 12 downhill homes. We were repeatedly assured by Broadmoor that our views would not be 13 obstructed or compromised in any way by the development of the Calle Delicada properties. 14 21 . During the meetings with Broadmoor, the Calle Felicidad residents agreed to the 15 following concessions in favor ofBroadmoor:
16 1. Broadmoor could completely remove our rear slopes by shearing away all of the 17 dirt embankment, thereby creating a 30 foot shear drop from our backyards. This 18 was deemed to be a crucial element necessary to re-compact, solidify, and 19 reconfigure the angle of our backyard slopes. Broadmoor had to do this in order 20 to stabilize potential slippage zones they supposedly detected on our properties 21 prior to cut and fill operations for the homes on Calle Delicada. 22 23
24 11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain:
land it needed for the new lots to be approved.
25 22. In exchange for the concessions granted by the Calle Felicidad homeowners, there 26 were two primary concessions granted and guaranteed by the Broadmoor officials:
27 1. There would never be any two-story homes built in the Broadmoor community that 28 would interfere with the views of any Calle Felicidad resident.

DECLARATION OF AJLAN JAY RICE 80
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28 11. There would never be any tree, bush, or other landscaping, or any structure which would block or inhibit the existing views of the Calle Felicidad residents. Any potential impediment would be limited to a maximum height of 17 feet on Calle Delicada - with no exceptions.

23. Broadmoor entered into agreements with myself and other homeowners who provided authorization for Broadmoor to regrade our individual slope areas. This would allow Broadmoor to have additional area for the proposed lo.ts an Calle Delica1.fa bec.ause the work involved reconfiguring our existing slope into a steeper angle with a more abbreviated top.

24. I entered into the attached agreement to authorize grading with Broadmoor on February 16, 1974.

25. The process to regrade our slopes was a significant unde11aking that involved heavy earthmoving equipment and extensive construction work in our back yards. I took pictures to show the extent of the grading work, attached hereto.

26. In exchange for our cooperation, Broadmoor agreed that the height restrictions that were meant to protect our views would be included in a recorded declaration of covenants, conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on Calle Delicada.

27. The City knew about, and was involved in, negotiations between Broadmoor and the Calle Felicidad homeowners, that resulted in Broadmoor' s agreement to include a height limitation on the Calle Delicada homes. The City also imposed the height limitation as a condition of approval in connection with its approval of the Calle Delicada homes.

28. The restriction was intentionally included in the CC&Rs by Broadmoor as an additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 17 feet and any violations would be enforced by the Association created by Broadmoor.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

DECLARATION OF ALAN JAYIDCE 81
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Executed on May~ 2020, at San Clemente, California.
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28 DECLARA TllUN OJF ALAN JAY RICE 82
64 BROADMOOR I-IOMES9 INC.
17802 !rvineB!vd u Tustin.Calif.92680 a (714)544-4230
t1arch 6, 1974
Mr. & :Mrs. Alan J. Rice
301 Calle Felicidad
San Clemente , California 92672
Reference ; Easement and Authorization to Perform Grading Lot 114, Tract 5655
Dear Mr. 6, r1rs . Rice :

First of all I would lik e to take this opportunity to express my appreciation and thanks fo,; your hosp i t ality dm•iug my visit to your home, and for _our cooperation in this matter.

You wi.11 be not ified of Broadmoor Homes ~ Inc . 's grading schedule pertaining to start of grading date for the lwerall project, as well as the grading of your individual rear slope area.

Please find attached a copy for your records of the fully executed Easement: and Authorization to Perform Grading for your lot.

Should you have any questions pertaini g to the grading or any other phase of the project , please feel free to call me at your convenience.

Cordially,
BROAD?!OOR HOMES , Hi'C.

Dennis H. Bickler
Assistant Division Manager
mm :e,.,
Enclosure
83 65

EASEMENT AND AUTITORIZATION TO PERFORM GRADING
The undersigned, as the owners of the fee simple title to Lot-=----=--= in Tract 5655 in the County of Ora nge, State of Californin , for a good and valuable consideration, do hereby grant and convey to Broadrnoor Homes, Inc., a California corporation. the following:

1. An easement to go on, across and over that portion
of said lot which shall be necessary to perform the grading services referred to hereinafter.
2o The right to grade that portion of said lot which is in the shaded area shown on Exhibit "A11 which is attached hereto and incorporated herein by referenceo
Said easement and right to grade said propert y is granted and conveyed subject t.o the fo llowi ng t erms and cond itions:

1. Said easemen t and authorization a.:e .1ereby granted for a period of t wo {2) years from t he date o f e:ecution of this document , or at such time as Broadmoor Homes, In. shall complete the said grading, whichever event shall first occur.

2. Broadmoor Hornes, Inc. zhall complete said grading in accordance with the applicable grading ordinanc e or ordinances of the City of San Clemente , and pursuant to such p l a,is and s pecifications as shall be pr0pared and/or approved b y a competent., reliable and reputable registered civil engineer, soils engineer, geologist, and the Engineering Department of t.he City of San Clemente.

3. No later than ni~ety (9 0) day s subsequent to the
grading of the said area as shown on Exhibit "A", Broadmoor Hornes, Inc. shall instilll landscaping on the resulting slope bank area, and Broadrnoor Homes, Inca for thirty (30) days after said installation shall, at its own expense, fully maintain said landscaping.

4. The materials to be used in said landscaping s hall be crocium ice plant cuttings and six acacia bushesv evenl y spa ced.

So By the execution of this document., the undersign ed do not in any way, manner or form t·1aive any right they , or either of them, may have to maintain a claim against Broadmoor Homes, Inc. for any damage which the undersigned may sustain by reason of the grading and landscaping to be so performed by Broadmoor Homes, Inc.

6. lilo expense shall be incurred by the undersigned in conjunction with the grading and landscaping referred to hereinbefore.

7. This easement and authorization is and shall be binding upon the heirs, personal representative and grantees of the undersigned.

DATED:

Husband
Wife
Dennis Bickler 84
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85 8667
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8 l!JJECLARA TION OF SUSAN P. RICE
I, Susan P. Rice, make the following statements based on my own personal knowledge of the facts and circumstances stated herein:

1. I am a long-time resident of the City of San Clemente. Beginning in 1968, I lived in a home located at 301 Calle Felicidad, San Clemente, with my then-husband, Alan Jay Rice.

2. The Pacesetter Development Company was the developer that built my home as part of the residential development in the City known as Rancho Margarita. The completed Rancho Margarita homes were terraced at 20-foot intervals on a hillside overlooking the 9 coastline.
10 3. In the early 1970s, there was no development on the land located below Calle 11 Felicidad, where the Broadmoor community is now located. This land was previously an old 12 landslide complex with coyotes, deer and other wildlife wandering over the open brush and hills. 13 4. Because there was no development downhill, the homes on Calle Felicidad had an 14 unobstructed, clear view of the ocean and coastline, including scenic views of the Dana Point 15 Harbor and Catalina Island.
16 5. Shortly after my husband and I purchased our home, Landmark Financial Group 17 wanted to build two-story single-family residential homes on tracts located downhill from Calle 18 Felicidad.
19 6. A group of neighbors on Calle Felicidad that were concerned with protecting the 20 existing community from ill-planned developed formed a group known as the "Rancho Margarita 21 Associates". The group's objective was to prevent any negative impacts of new development on 22 their existing community.
23 7. The Rancho Margarita Associates group became well known to City officials-and 24 included approximately 65 members, including myself, Alan Jay Rice, William Kerns, Fred 25 Keeler, Frank and Maryanne Dreher, Richard and Karoline Koester, Bob and Jody Dilworth, 26 Bob and Joan Kahrs, and Donald and Sally Sargent.
27 28
DECLARA 'fION OF SUSAN P. RICE 87
69 1 8. Our group of neighbors organized to file petitions and comment letters with the 2 Planning Commission and City Council in order to express our concerns about development of 3 the downhill tract.
4 9. Eventually, Landmark Financial Group lost its option to develop the property and 5 Broadmoor acquired the option. Broadmoor subsequently began plans to seek approvals for 6 development of the Broadmoor community, which would include 225 homes to be located on 7 tracts downhill from Calle Felicidad.
8 10. I personally attended many Planning Cornn1ission and City Council meetings 9 where City officials considered approvals for the Broadmoor community. 10 11. During the period between late 1973 and early 1974, various Broadmoor officials 11 tactfully approached every resident living on Calle Felicidad to explain their plans to build 12 homes below Calle Fehcidad.
13 12. The Broadmoor representatives included: Richard B. Smith (founder), Larry . 14 Lizotte (Senior Vice President), Dennis Bickler (Director of Property Acquisition and Assistant 15 Division Manager), S. Reid Gustafson (Vice President and Division Manager), RF. Osgood 16 (Senior Vice President and Secretary), Don Corbin (architect at Morris & Lohrbach Architects), 17 and John Hazeltine.
18 13 . Broadmoor knew that it needed our supp01t in order to get the City's approval for 19 the Calle Delicada homes. There were several meetings between the Broadmoor officials and 20 the Calle Felicidad homeowners, many of which took place in our homes. Through this series of 21 meetings, many compromises were made to the satisfaction of Broadmoor and the Calle 22 Felicidad residents.
23 14. We emphasized to Broadmoor that our existing ocean and coastal views were·· 24 extremely valuable and needed to be preserved if any new homes were to be built. 25 15. One of the issues Broadmoor encountered was the narrow sizes of the proposed 26 Calle Delicada lots. The dimensions ofBroadmoor's original plans did not comply with the 27 City's Code requirements.
28 DECLARA T[ON OF SlIJSAN P. RICE 88
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28 16. Broadmoor sought a solution to the insufficient lot sizes on Calle Delicada by asking individual homeowners on Calle Felicidad to give up a portion of the hillside slopes on their properties, so that depth could be added to the Calle Delicada lots. This was to be accomplished by re-grading the slopes belonging to the Calle Felicidad Homeowners.

17. Broadmoor also sought to gain additional arna for the lots by asking the Calle Felicidad homeowners to agree that a sidewalk that was supposed to be developed on Calle Delicada could be eliminated.

18. City staff did not support deleting the required sidewalk between Calle Felicidad and Calle Delicada.

19. Many of the Calle Felicidad homeowners submitted a petition to the City Council that allowed this sidewalk to be eliminated so Broadmoor could gain the land required to develop the 19 additional lots on Calle Delicada. The City agreed to allow the deletion in response to the Calle Felicidad homeowners' request.

20. In return, Broadmoor went out of their way to assure Calle Felicidad homeowners that our panoramic views would be preserved and protected despite the construction of the new downhill homes. We were repeatedly assw-ed by Broad.moor that our views would not be obstructed or compromised in any way by the development of the Calle Delicada prope1ties.

21. During the meetings with Broadmoor, the Calle Felicidad residents agreed to the following concessions in favor ofBroadmoor:

1. Broadmoor could completely remove our rear slopes by shearing away all of the dirt embankment, thereby creating a 30 foot shear drop from our backyards. This was deemed to be a crucial element necessary to re-compact, solidify, and reconfigure the angle of our backyard slopes. Broadmoor had to do this in order to stabilize potential slippage zones they supposedly detected on our properties prior to cut and fill operations for the homes on Calle Delicada.

11. We agreed to sign waivers for the City to eliminate the construction of a sidewalk at the foot of our slopes on Calle Delicada, which allowed Broadmoor to gain land it needed for the new lots to be approved.

DECLARATION OF SUSAN lP. RICE 89
71 1 22. In exchange for the concessions granted by the C.alle Felicidad homeowners, there 2 were two primary concessions granted and guaranteed by the Broadmoor officials:
3 4
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1. There would never be any two~story homes built in the Braud.moor community that would interfere with the views of any Calle Felicidad resident.

11. There would never be any tree, bush, or other landscaping, or any structure which would block or inhibit the existing views of the Calle Felicidad residents. Any 7 potential impediment would be limited to a maximum height of 17 feet on Calle 8 Delicada - with no exceptions.
9 23. Broadmoor entered into agreements with myself and other homeowners who 10 provided authorization for Broadmoor to regrade our individual slope areas. This would allow 11 Broadmoor to have additional area for the proposed lots on Calle Delicada because the work 12 involved reconfiguring our existing slope into a steeper angle with a more abbreviated top. 13 24. I entered into the attached agreement to authorize grading with Broadmoor on 14 February 16, 1974.
15 25. The process to regrade our slopes was a significant undertaking that involved 16 heavy eai1hmoving equipment and extensive construction work in our back yards. I took 17 pictures to show the extent of the grading work, attached hereto. 18 26. In exchange for our cooperation, Broadmoor agreed that the height restrictions 19 that were meant to protect our views would be included in a recorded declaration of covenants, 20 conditions and restrictions (CC&Rs) that would be recorded against each of the 19 homes on 21 Calle Delicada.
22 27. The City knew about, and was involved in, negotiations between Broadmoor and 23 the Calle Felicidad homeowners, that resulted in Broadmoor's agreement to include a height'. 24 limitation on the Calle Delicada homes. The City also imposed the height limitation as a 25 condition of approval in connection with its approval of the Calle Delicada homes. 26 28. The restriction was intentionally included in the CC&Rs by Broadmoor as an 27 additional assurance to Calle Felicidad residents that all trees would be maintained not to exceed 28 17 feet and any violations would be enforced by the Association created by Broadmoor. lD>ECILARA TIION OF SUSAN P. filCE 90
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28 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on .May l <t:i , 2020, at San Clemente, California. s ~/1 /~
Susan P. Rice
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lllECLARA1'ION OF SUSAN IP'. RICE 91
ATTACHMENT 5
73 ,. Jackson Tit us
July 16, 2018 949.851.7647
[email protected]
Irvine Office
9630.126109
VIA EMAIL ([email protected])
Scott C. Smith, Esq.

Best Best & Krieger
18101 Von Kannan Ave., Suite lO0O
Irvine, CA 92612
Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Hi Scott:

It was a pleasure meeting you on Friday to discuss the potential dispute between the Broadmoor San Clemente Community Association ("Broadmoor Association") and certain owners of homes locate.d on Calle Delicada ("Delicada Homeowners"), on the one hand, and individual homeowners of property located on Calle Felicidad (''Felicidad Homeowners"), on the other hand. This Jetter summarizes the facts we discussed earlier that ]ed to the current dispute.

For your ease of reference, the package of documents we provided you on F1iday is also attached to this letter.

By way of background, Calle Felicidad and Ca1le Delicada are adjacent streets located within the City of San Clemente ("City"). (See, Attachment 1.) The lots on Calle Felicidad were constructed first, as part of the City's approval of Tract No. 8162. After the homes on Calle Felicidad were completed, Broadmoor Homes, Inc. ("Developer") began developing the Broadmoor community, located on tracts downhill from Calle Felicidad. Calle Felicidad is not included within the Broadrnoor development and is not governed by the Broadmoor Association.

As Broadmoor's development proceeded uphill towards Calle Felicidad, the Developer proposed to construct 19 homes on Calle Delicada, as pa.it of the final phase of the Broadmoor development project. However, the Developer could not construct the homes because the lots were not large enough to accommodate the 19 homes. The City would not approve this final part of the Broadmoor development, unless the Developer could find a way to add more area to each of the pads.

The Developer came up with a solution to add more depth to each of the lots - but it would require concessions from the Felicidad Homeowners. As part of the Broadmoor development, there was supposed to be a sidewaUc. uphill from Calle Deli-eada, along Calle Felicidad. By removing this sidewalk and taking ai·ea from the Felicidad Homeowners' slopes, the Developer could gain the land required to develop the 19 homes; otherwise, the City would not grant approval and the homes could not be constructed. Thus, the Developer asked the Irvine Office
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EXHIBIT E
92 74
Mr. Scott C. Smith
July 16, 2018
Page2
Felicidad Homeowners to give up a p01tion of their slope area and to agree that the sidewalk was not needed. The Felicidad Homeowners were assured by the Developer and the City that their views would not be obstrncted by the new lots on Ca11e Delicada. The Developer also agreed to enter letter agreements with tbe Felicidad Homeowners for authorization to perform grading on their slopes. The Felicidad Homeowners agreed to Developer's request, understanding that their existing ocean views would be protected by covenants, conditions and restrictions ("CC&Rs") imposed on the new lots, which the City would require to approve the new homes. Specifically. the CC&Rs included a provision limiting the height of the 19 homes to one story, with a maximum height of 17 feet (including landscaping). This height restriction was acknowledged by each of the 19 lot owners, and is enforceable by the Broadmoor Association and the City.

A timeline of the significant events involving approval of the Calle Delicada lots by the City is summarized below:

August 19, 1974 - Developer Records Master Declaration of Covenants, Conditions and Restrictions.

Before seeking approval of the Calle Delicada homes, the Developer recorded a Master Declaration of CC&Rs over certain property within the Broadmoor development community. (See, Attachment 9.) Article XII of the declaration, titled "Powers of City of San Clemente," gives the City the right to exercise any rights and powers granted to the Broadmoor Association under the declaration. As explained below, this master declaration was supplemented to include the 19 lots developed on Calle Delicada.

March 19, 1975 - City Grants Request to Amend Conditions of Approval for Tract No. 8162.

The City would not allow the Calle Delicada lots to be developed unless the pad sizes were larger. In order to add land to the Calle Delicada lots for City approval. the Developer first needed slope concessions from the Felicidad Homeowners. The Felicidad Homeowners agreed that the sidewalk could be elimjnated and their slopes could be regraded, but asked the Developer for reassurance that the 19 homes would not exceed onestory and 17 feet high. After the Developer agreed and entered letter agreements with the Felicidad Homeowners to perform the grading work. 25 Felicidad Homeowners submitted a petition to the City Council requesting deletion of the condition requiring a sidewalk to be installed on Calle Delicada below the Calle Felicidad prope1ties. The City Council granted this request. (See, Attachment 2.)
April 2. 1975 - City Clarifies that Sidewalk Deletion Only Applies to Calle Delicada Following the City Council meeting on March 19, 1975, the Developer requested clarification about the sidewalk deletion. The Developer was under the impression that the sidewalks could be deleted on all streets in the Broadmoor development However, the City clarified that the deletion was only for the sidewalks on the uphill side of Calle Delicada, along Calle Felicidad. (See, Attachment 3.) This deletion on only one street in 93 75
Mr. Scott C. Smith
July 16, 2018
Page3
the Broadmoor development was the result of the Felicidad Homeowners' slope concession because removing the sidewalk. and re-grading the slope gave the Developer the land it needed to develop the Calle Delicada homes.

November 13, 1975 - Developer Confirms Broaclmoor Association will Maintain 8-Foot Park.way.

Following the City's deletion of the condition requiring a sidewalk uphill from Calle Delicada, the Developer wrote a letter to the City confirming that landscaping along the 8-foot parkway on the slope side of Calle Delicada would be maintained by the Broadmoor Association. (See, Attachment 4.)
January 7, 1976 - City Approves Final Ma:g for Tract No. 8963.

When the City Council considered approving the final map for the Calle Delicada lots, the Developer represented that all restrictions for the tract were reflected in their plans and would be included in the CC&Rs. These required restrictions included the height ]unit provision that protected the Felicidad Homeowners' views. The City Attorney assured City Council that he was setting up a procedure to ensure that the map's conditions would be included in the CC&Rs before they were recorded. (See, Attachment 5.) The 19 lots on Calle Delicada were approved as part of Tract No. 8963. (See, Attachment 6.)
January 16. 1976-Developer Executes Supplemental CC&Rs for Calle Delicada.

As discussed above, the Developer previously made certain properties within the Broadrnoor community subject to a Master Declaration of Conditions, Covenants and Restrictions, recorded August 19, 1974. (See, Attachment 9.) In order to ensure the 19 lots on Calle Delicacla would also be subject to the CC&Rs, the Developer executed a Supplementary Declaration of Covenants, Conditions and Restrictions, dated January 16, 1976 ("Supplemental CC&Rs"). (See, Attachment 8.) As part of the Calle Delicada approval, the City required the map for Tract No. 8963 and the Supplemental CC&Rs to be recorded on the same day.

The height restriction required by the City to approve the Calle Delicada lots and agreed to by the Developer to protect the Felicidad Homeowners' views is below:
"Section 3. No bujlding, st111cture, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected. altered. placed or permitted to remain on any po1tion of the Property which exceeds one story in height with a maximum height of 17 feet. No tree, bush or slzmb slwll be placed or maintailled upoll (i) any Lot desclibed in Exhibit "A", attaclied hereto aud inc01porated herein by reference, wliiclt exceeds 17 94 76
Mr. Scott C. Smith
July 16. 20 I 8
Page4
feet in lieiglit or (ii) upon any other Lot in the Prope1ty which exceeds 20 feet in height."
The owners of the 19 lots acknowledged this limitation. as evidenced by their individual signatures attached to the Supplemental CC&Rs.

February 4. 1976- City Grants Easement for Parkway to Developer.

The City granted an easement to the Developer so it could maintain the 8-foot parkway on Calle Delicada, as previously agreed to by the Developer. (See, Attachment 7.) We understand that certain trees located downhill from Calle Felicidad, on Calle Delicada, have grown higher than 17 feet (in violation of the CC&Rs) and are interfering with the Felicidad Homeowners' views. Since Calle Felicidad is not governed by the CC&Rs, the Broadmoor Association is responsible for curing the violation. yet refuses to do so. The City has exp1icit authority under the CC&Rs to enforce the restriction. Additionally, the City has an enforcement right because it require.d the CC&Rs and the height restriction as part of the Calle Delicada approval.

As the approving body for the Calle Delicada homes and the CC&Rs. we hope the City will take action to remedy the situation so that litigation may be avoided. We appreciate your consideration of this matter and look forward to hearing from you.

Please contact me if you have any questions or would like to discuss.

Best Regards,
Nedda Mahrou
Enclosures
cc: Michael L. Tidus
141'.!761.J
95 ATTACHMENT 6
77 Indian Wells
(760) 568-2611
Los Angeles
(213) 617-8100
Manhattan Beach
(310) 643-8448
Ontario
(909) 989-8584
Scott C. Smith
(949) 263-6561
scott.smith@bbl<law.com
File No. 55452.01400
IMlk
BEST BEST & KRIEGER :':l

ATTORNEYS AT LAW
181 01 Von l<arman Avenue, Suite 1000, Irvine, CA 92612 Phone: (949) 263-2600 I Fax: (949) 260-0972 I www.bbklaw.com November 5, 2018
VIA U.S. MAIL AND ELECTRONIC MAIL
MTidus@j acksontidus.law
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Michael Tidus
NeddaMahrou
Jackson Tidus
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Riverside
(951) 686-1450
Sacramento
(916) 325-4000
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Washington, DC
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Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Dear Mr. Tidus and Ms. Mahrou:

Thank you for the time and background you have provided me and City of San Clemente staff on the issue regarding tree maintenance on Calle Delicada in San Clemente. The facts and background surrounding these issues are as complicated as they are dated, and we appreciate your help in sorting through them and their history.

For the reasons summarized below, we have concluded that the private property owners adjacent to Calle Delicada are responsible for the maintenance and height of the trees on that street.

The City Engineer's staff has reached the conclusion that the street property in question is an easement for public right-of-way, as accepted by the City when first dedicated. The dedication by the developer was an "offer for dedication to the public for street purposes:

Avenida Presidio, Calle Delicada, and Calle Miguel." The City Clerk's statement for acceptance stated that the City "did accept on behalf of the public the offer of dedication for street purposes:

A venida Presidio, Calle Delicada, and Calle Miguel." This acceptance of this offer as written for this tract resulted in the street being held as an easement for right-of-way, and not ownership in fee.

San Clemente Municipal Code Section 12.24.020 provides as follows:
55452.01400\31594172.1

EXHIBIT F
96 78
Michael Tidus
Nedda Mahrou
November 5, 2018
Page2
IMlk
BEST BEST & KRIEGER:!

ATTORNEYS AT LAW
"The owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway."
The City interprets this section as requiring owners of property underlying right-of-way easements to properly maintain trees adjacent to City streets. The City will grant to adjacent owners the ability to utilize street right-of-way in order to maintain and trim trees through encroachment and other pennits. Although this usually occurs in the context of hazardous trees, the City has indicated it is willing to provide a similar right of entry to your client in order to assert its rights under the relevant subdivision map to trim adjacent trees to conform to the map conditions. City Engineer Tom Bonigut will be able to assist your client in that regard to tailor a permit to this unique circumstance.

As we have discussed, the City does sometimes retain an interest in CC&Rs and the ability to enforce them; however, as important as this issue is to your clients, the City lacks the resources to use this enforcement authority for any but the most egregious cases posing an extreme and immediate threat to the public health or safety. In this case, consistent with its Citywide approach to trees, facilitating the entry into its right-of-way or providing declarations or documents in a civil matter to correct this problem will be the most the City can do.

SCS:nrw
cc: Tom Bonigut
Cecilia Gallardo-Daly
Erik Sund
James Makshanoff
55452.01400\31594172. l
Sincerely,
Scott C. Smith
of BEST BEST & KRIEGER LLP
City Attorney, City of San Clemente
97 ATTACHMENT 7
79 Ja kson Tidu -,---j l - ....
- L. ,-, I l - - j ... -
May 17, 2021 949.851.7424
[email protected]
Irvine Office
9797 .126697

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED & OVERNIGHT MAIL Mayor Kathleen Ward and
Honorable City Council Members
c/o City Clerk, Joanne Baade
City of San Clemente
910 Calle Negocio
San Clemente, CA 92673
Re: Broadmoor San Clemente Community Association and Calle Delicada - Tract No. 8963
Dear Mayor Ward and City Council Members:

This firm represents Paul Buck, the owner of a home on Calle Felicidad in the City of San Clemente ("City"). This Tort Claim Letter is sent on behalf of Mr. Buck and his neighbors listed on Exhibit 1. All of these Claimants are citizens of the City who are adversely, and continuously, impacted by Jhe City's failure to enforce a valid height restriction imposed by the City as a Condition of Approval in 1976 on their neighbors' properties as identified below.

As the City Council may be aware :from our correspondence and meeting with the City Attorney, Scott Smith, and staff in July and October 2018, Claimants are involved in a dispute concerning the failure of their neighbors located on Calle Delicada, to comply with a height restriction that was imposed by the City as a Condition of Approval for the development of the 19 houses on Calle Delicada in 1976. We appreciate the City's prior acknowledgement of this situation, and its statement of willingness to provide a right of entry to the common area of the Broadmoor San Clemente Community Association ("Broadmoor HOA") along Calle Delicada for tree trimming purposes. However, this does nothing to enforce the Condition of Approval with respect to tree-height limits that the City specifically imposed on the Calle Delicada homeowners' properties.

On July 16, 2018, we sent a letter to your staff outlining the issues as we understood them at that time. That July 16th letter is attached hereto as Exhibit 2, and a copy of your Staff's response dated November 5, 2018, is attached as Exhibit 3. Since that time, we have learned that the documents that the City originally provided to us were substantially incomplete. After requesting and obtaining additional documents, we have confirmed that the City actually agreed to enforce the height restriction for the benefit of the Calle Felicidad homeowners. As a result, it is not enough that the City merely confirm that the height restriction exists; it is required to Irvine Office
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EXHIBIT G
98 80
City Clerk
City of San Clemente
May 17, 2021
Page2
enforce that restriction. Furthermore, we believe that the City has not been forthcoming with all its documents, including correspondence between the City and Broadmoor Homes, Inc. ("Broadmoor"), and the Broadmoor HOA that would be relevant to this situation. We have received some City originated documents which were not provided by the City when Claimants originally requested them.

This Claim seeks to have the City enforce the agreed upon 17-foot height restriction it imposed as a Condition of Approval and had recorded in the CC&Rs of the 19 properties located on Calle Delicada. This Condition of Approval was based on consideration and concessions negotiated by and between the Calle Felicidad neighbors, Broadmoor Homes, Inc., and the City, so as to permit the development of the 19 houses on Calle Delicada. That Condition of Approval, inter alia, required that a Supplementary Declaration of Covenants, Conditions and Restrictions be recorded and acknowledged by Broadmoor Homes and the owners of the 19 properties on Calle Delicada. That Covenant was dated January 16, 1976, and recorded in early February, 1976, against those 19 properties.

Brief Background
Calle Felicidad ("Felicidad") and Calle Delicada ("Delicada") are adjacent streets located within the City, with Delicada being downhill from Felicidad. The homes on Delicada were developed by Broadmoor, about ten years after the homes on Felicidad as part of a 225-unit development known as the Broadmoor Community. The Broadmoor Community is located on Tracts Nos. 8162 and 8963, and is governed by a homeowners' association and a set of covenants, conditions and restrictions ("CC&Rs"). Tract 8963 has a Supplementary Declaration of CC&Rs specific to the 19 homes on Delicada.

As development of the Broadmoor Community proceeded uphill towards FeHcidad, Broadmoor proposed 19 homes be built on Delicada, Tract No. 8963, the last and highest undeveloped street in the Broadmoor Community. Broad.moor discovered, however, that it could not build the proposed 19 additional homes because under the City Code it had insufficient land to build the required street and sidewalks. The City would not approve the final phase of the Broadmoor development unless Broadrnoor developed a solution to add more depth to the lots.

Broadrnoor thereafter worked with homeowners on Felicidad and obtained certain consideration and concessions, including the removal of the east sidewalk along Delicada, and a re-grading into the hillside of homes on Felicidad. Essentially, the re-grading, which was a major undertaking, steepened the backyard slopes of the Felicidad homeowners in order to obtain a· larger, flatter building pad for the then proposed Delicada homes. Consequently, Broadmoor obtained City approval for construction of the Delicada homes. These Felicidad homeowners included, among others, Allan and Susan Rice, and Donald and Sally Sargent. The Sargents were the prior owners of Mr. Buck's home on 203 Calle Felicidad. One of the Broad.moor representatives was Larry Lizotte, then a Senior Vice President for Broadmoor.

Before and during Broadmoor's development activities, the Felicidad and other affected neighbors, numbering about 250 individuals, formed an action committee, The Rancho Margarita 99 81
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Associates, to petition and negotiate with the City and Broadmoor. For the Felicidad homeowners, protecting their existing ocean and coastal views was paramount in their negotiations with Broadmoor. Eventually, the Felicidad homeowners and the Rancho Margarita Associates, and Broadmoor and the City developed a solution. This ultimately led to the City's approval of the development of the 19 DeJicada prope1ties. Both the City and Broad.moor provided assurances that a 17-foot height limit would be imposed on the Delicada properties for the benefit of the uphill homeowners on Felicidad. Consequently, these height protections became part of the City's enforceable Conditions of Approval and were also memorialized as part of the CC&Rs as required by the City.

These assurances and understanding were confirmed during the January 7, 1976, Council meeting of the City of San Clemente, attended by Ms. Sargent (Felicidad neighbor on behalf of the Rancho Margarita Associates), and Mr. Lizotte (Vice President of Broadmoor Homes):

The City .En~illce1r c.~'te4! t:Mlt s.i:aee !:he ismi~ iID Sa,.e.T i.:!lTl:'<VeUeut: Di!:ittict No. 8-1'.3 has been finsll.:ed he 'r!Unld rec..;o::and up;,roval. of the final c.1p or :r1\!Ct N'1.. 8963,
Sill] ly S.<irg&ne ?..sl au f or ~ei-u~c.c ciu:it i:c.:i:tain ~Ti.n.'itdcnEI- i11. the. final map .,;ppzoval ?equi~iDg v:rriou.s re.s.t~1cd.cms be c~ctain:ed in the CC~~1s when re~ordcd with the, CQIIDl"Y ~o th Ci.'l.y w,oul·li not be f~~ed ;,,-ith ~.tlttmtt;. elE!lneab om:t.t(U) fr-o~ th~_ do~u:::ent as h.ai;ipen~d. in .ino'th~r ro't,mt.ion. l..i.i:ey 'Lb.O:t.ta, rep;:-esiauthlg B't'-~IJG~ ~:!!.es,. Ill~.~ statI!.tl that all ~~t.r1e~i<in~ far thll tra.i:t,. the plall.ti-J.tg &"id ~-ter1zu:e of: :th~ -pa1d~-W~f :mcl t.ha appli-catfon. 'Of t he hill!iide gra&g Ordinan~ .. ~e ren~ctecl i::i their -plans .and would be i.uclucied in the CCE.R' s =d recorded W'l.t.h 11:li.e <:ount.y.
-::he -City At.&tn:cay ccr.c:2uted mat h~ is .u::t:c.mptbg to -set up so.:ie .. ort: of ope.rntin& pr..i~d-i..re nt stat.t J.eve.L to- lr'i;.\fi-e\Y ·t:!Je:.ec C:C&.'l.' s t:o m::. -e .suTCQ a!..L tbr:.i vatious i::eo.s al'a incluiled. the-re:l.n br.d:ot:. r~ce1."C!infl.

Folla-~tng. d.i.se:ussiau9 lT \lMi !-!~ &m C(j!filC!.tN~: ro.,. S}:CO:nm::o '&Y com:~ llCL.'MS.,.

M11l l!NP3lll-100Sl.Y CAfliU.El.l tr., n;rp:rove th~ ~ina.1 -ccy ,of Trn~:t :'lo. 8963 b and ~utl10rize the rtayo'l!' and City ClerI,c ~ .recutt?. th.e Suhili-vi.s.ian t.g~~r-..1:.

As a result of the consideration and concessions of Felicidad homeowners and Broadmoor' s concurrence therewith, the City required a height restriction to be recorded that limits trees and other structures to a maximum height of 17 feet. Broadmoor acknowledged this condition of the City, and represented that all the restrictions for the tract, planting and maintenance were reflected in their plans and would be included in the CC&Rs that were recorded with the County. As required by the City, Broadmoor thereafter included the height restriction in the Supplemental CC&Rs submitted on January 16, 1976, and recorded with the County on February 1, 1976, as covenants against the 19 lots on Delicada. The Broadmoor recorded CC&Rs incorporate the height restrictions as follows:
100
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"Section 3. No building, structure, improvement or addition (excluding chimneys and roof vents) shall be constructed, erected, altered, placed or permitted to remain on any portion of the Propei-ty which exceeds one story in height with a maximum height of 17 feet. No tree, b11sli or sltru.b shall be placed or maintained upon (i) any Lot described in Exlubit "A" [Lots 1-19 of Tract No. 8963}, attaclied hereto and incorporated herein by referenc~ which exceeds 17 feet in height or (ii) upon any other Lot in the Property which exceeds 20 feet in height." Thus, the City has a right under the CC&Rs to not only enforce the height restrictio~ but obtain its attorney fees and costs for doing so.

Since our last communications with the City, we obtained declarations from Mrs.

Sargent, and from Mr. and Mrs. Rice detailing the events involving the approval of the Delicada lots, and more specifically Tract No. 8963, between the years 1973 and 1976. Attached as Exhibit 4 is a copy of the declaration signed by Mrs. Sargent. Similarly, attached as Exhibits 5 and 6 are the declarations from Mr. and Mrs. Rice explaining that Broadmoor assured the Felicidad Homeowners and the City that views would not be obstructed by the proposed new homes on Delicada (See 'l['l[ 14, 20-22, 26-27).

There is no dispute that there exists a height restriction on the Delicada properties.

Nevertheless, the Association and certain homeowners on Delicada have allowed trees on their property to far exceed the 17-foot height limitation, thereby violating the City's Conditions of Approval and their recorded CC&Rs. These actions continue to obstruct the protected views for Felicidad homeowners, interfering with their ability to enjoy their properties. This situation is worsening with the continued growth of the non-compliant trees.

Attached as Exhibits 7 and 8 are the before and after pictures of the view from a couple of the homes on Felicidad, and demonstrates the impediment that the Delicada homeowners are imposing on their uphill neighbors.

The Felicidad homeowners negotiated consideration and concessions which allowed their properties to be altered to enable the development of the Delicada homes. The consideration and concessions were specifically in return for height restrictions so as to preserve their ocean and coastal views. As the Felicidad homes are not part of the Broad.moor HOA, the Broadmoor HOA has therefore determined that they would not enforce the CC&R height restrictions on Delicada which would be for the benefit of the Felicidad homeowners.

Where Does this Stand Now?
Because the City initially said it did not have the money to assist the Felicidad homeowners, Mr. Buck commenced litigation on July 29, 2019. Since filing the lawsuit, several important things have happened.

First, shortly after the filing of a first amended complaint ("F AC"), the defendant homeowner filed a demurrer arguing that Mr. Buck lacked standing to enforce the Broadmoor HOA's CC&Rs. The Court overruled the demurrer on three of the four causes of action finding, 101
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among other things, that an equitable servitude does not require that the property to be benefitted be identified in the deed to be enforced and does not require a written agreement between Plaintiff and Defendants. The Court further found that the F AC adequately alleges that the Broad.moor HOA CC&Rs contained a height restriction specifically for the benefit of the uphill Felicidad Homeowners.

Second, the Parties have commenced initial discovery. In response to written discovery requests, Defendants admitted: their property is subject to the CC&Rs; that they were provided a copy of the CC&Rs when they purchased the home, and that "there are trees on the property exceeding 1 7 feet in height .. "
Third, we obtained documents and learned additional information which confirms the City's involvement and enforcement rights. These documents include, by way of example, declarations from long-time homeowners on Felicidad who were involved with the City when it approved the development on Delicada. See, Declarations of Mrs. Sally Sargent, and Mr. and Mrs. Rice. These declarations detail the events su1Tounding the City's approval of Tract No. 8963 between the years 1973 and 1976. We have also been in contact with Mr. Lizotte who, as noted above, was a Senior Vice President with Broadmoor Homes and was involved in obtaining the City's approval for the Deli cad a homes. Mr. Lizotte has reviewed these declarations, and has confirmed that they are accurate, and that the height restrictions imposed by the City which are included in the recorded declaration of covenants, conditions and restrictions were meant to protect the views of the uphill Felicidad homeowners. He said he would be happy to discuss this with the City, if called upon to do so.

Fourth, the City has provided us with Building Permit documentation for 203 Calle Delicada, the house with the offending trees screening out Mr. Buck's ocean and coastal views.

Among these documents is the Broadmoor HOA letter, dated September 11, 2007, to the then owners of the house, Roger & Lonnell Nestie, approving the Nestie's proposed modifications.

This letter from the HOA, Exhibit 9, specifically states that if trees reach 20 feet (should actually be 17 feet per the CC&Rs) or more in height, the homeowners are required to trim or remove these trees at their own expense. Also stated is that this requirement applies to the current and any future homeowners. Given this, the HOA is clearly aware of the tree height requirement, however, they still neglect their duty to enforce their CC&Rs. The City used this Broad.moor HOA approval letter in their process to grant a building permit.

Finally, the Broadmoor HOA recently trimmed all of its common area trees to approximately 17 feet or less. There is no dispute that there exists a 17-foot height restrictio~ • and the recent actions of the Broad.moor HOA confirm this fact. Nonetheless, the Broadmoor Association refuses to enforce the restriction on homeowners on Delicada, who refuse to comply with the 17-foot height restriction. As previously stated, the Broadmoor HOA's position is that because Felicidad is not a part of the Broadmoor HOA, it has no obligation to Felicidad homeowners. It appears that the Broadmoor HOA has purposefully discounted the events that led to the approval of the 19 Delicada houses 45 years ago. 102
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San Clemente City CouncilMarch 18, 2025

San Clemente City Council
March 18, 2025