RES-2009-142RESOLUTION NO. 2009- 142
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ANAHEIM ACCEPTING
AN IRREVOCABLE OFFER OF
DEDICATION OF FOR PUBLIC PARK
PURPOSES
WHEREAS, certain interests in streets, public utility easements and other
public purposes and public improvements were irrevocably offered to the City of Anaheim
as a condition of map approval for Tract Map No.16831, including an offer of Lot 4 for
public park purposes, as more particularly set forth in said Tract Map available for review
in the Public Works Department; and
WHEREAS, the foregoing irrevocable offer of dedication was made in the
Ownership Certificates of the subject tract map, and the City did not accept the offer at the
time of final map approval; and
WHEREAS. pursuant to that certain Declaration of Maintenance Covenants
recorded May 12, 2006 in the Office of the Orange County Recorder, Official Records, as
Instrument Number 2006000321246 "Declaration BRE Properties, Inc, the
owner /developer of the property that is the subject of Tract Map No. 16831, and maker of
the irrevocable offer of dedication "Declarant Declarant will maintain the park as a
continuing obligation, and be subject to the indemnification and insurance requirements set
forth in the Declaration; and
WHEREAS, all conditions precedent to the acceptance of said irrevocable
offer of dedication have been fully met or otherwise have occurred, and all public facilities
included therein have been inspected and determined to be acceptable by the Director of
Community Services; and
WHEREAS, it is desirable and in the best interests of the City of Anaheim
to accept said offer of dedication and the facilities described herein.
NOR-, THEREFORE, BE IT RESOLVED that Lot 4 of Tract Map No.
16831. including facilities and improvements thereon, as more specifically described in
Exhibit "A," attached hereto and incorporated herein by this reference, be, and they are
hereby. accepted the City of Anaheim for public park purposes, subject to Declarant's
continuing maintenance obligations pursuant to the Declaration.
THE FOREGOING RESOLUTION is approved and adopted by the City
Council of the City of Anaheim this 25th day of August 2009, by the
following roll -call vote:
AYES:
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
ATTEST:
'3975. sinann
n
Mayor Pringle, Council Members Hernandez, Sidhu, Galloway, Kring
.4444 11114
CITY CLERK OF THE CITY O' ANAHEIM
MAYOR OF THE ki F ANAHEIM
EXHIBIT A
That certain irrevocable offer of dedication of real property interests for Public Park
Purposes, as follows:
Lot 4 of Tract Map No.16831, Instrument No. 2006 000338089, Book 881,
Pages 9 -12, of Miscellaneous Maps on file in the Office of the County
Recorder of Orange County, California, and improvements thereto and
amenities thereon.
RECOROINO REQUESTED ev
FIRST AMERICAN TITLE COMPANY
SUBOIVIBION DEPARTMENT
Recording requested by,
and when recorded return to:
This Declaration of Maintenance Covenants (this "Declaration is made effective
2006 with reference to the following facts:
DECLARATION OF MAINTENANCE COVENANTS
as of
A. Declarant is the owner of that certain real property located in the City of
Anaheim "City County of Orange, State of California, more particularly described on
Exhibit A "Property
B. Declarant plans to develop the property for residential purposes in
accordance with the provisions of Tentative Tract Map 16831 pertaining to the Property
which was approved by the City Council on May 24, 2005.
C. The City required the Declarant to record maintenance covenants for the
Project as a condition of approval of Tentative Map 16831,
NOW, THEREFORE, in consideration of the above referenced facts, Declarant
declares as follows:
1. Maintenance Covenants.
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(Space Above for Recorder's Use
(a) Public Improvements. Declarant, as owner of the Property, shall
maintain and repair the improvements listed below and described on the Maintenance
Exhibit attached as Exhibit B(each, an "Public Improvement and collectively, "Public
Improvements in good condition and repair, until accepted by the City.
(i) Roadway Improvements;
(ii) Utilities;
1
Recorded In Official Records, Orange County
Tom Daly, Clerk-Recorder
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2006000321246 12 :49pm 05/12/06
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Notwithstanding the foregoing, if the City elects to accept the dedication of the Park
Improvements (i.e., take ownership of the Park and amenities thereon), Declarant shall
continue to maintain and repair the Park Improvements in the condition that existed at the
time of acceptance unless and until the City elects by written notice to the Declarant to
take over maintenance and repair of the Park.
(b) Common Area Improvements. Each Owner of a Lot shall maintain
any of the following improvements "Common Area Improvements that may be located
on its Lot:
(i) Private streets, including the private street shown on
Exhibit B, and any sidewalks, landscaping, street lighting, signage striping and all other
appurtenances to the private street;
areas;
areas and bicycle storage;
(iii) Emergency Vehicle Access; and
(iv) Park and amenities thereon "Park Improvements
(ii) Private sewer lines, grease interceptors and clean outs;
(iii) Internal landscaped areas, court yards and other common;
(iv) Internal hardscape;
(v) Parkway landscaping and hardscape;
(vi) Onsite fountains and art elements;
(vii) Enclosed parking structures, mail facilities, trash collection
(viii) With respect to any Lot developed for apartments (and not
condominiums),the appliances and equipment owned by the Owner of the Lot installed in
each apartment, including washer, dryer, stove, refrigerator. microwave and HVAC
equipment;
(ix) Recreational areas including park areas, pools, spas,
barbeque areas, clubhouse meeting room(s) and workout room(s);
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(x) Public restrooms;
(xi) Trash collection and facilities;
(xii) Squeal -free surface in parking structures; and
(xiii) On -site signs and awnings.
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(c) The Declarant's maintenance obligations under Section 1(a) and
each Owner's maintenance obligations under Section 1(b) are referred to herein as
"Maintenance Obligations
2. Maintenance Standards. Each Owner shall comply with the following
maintenance standards and requirements with respect to its Lot:
(a) All Common Area Improvements and the exterior of all other
improvements on the Lot shall at all times be maintained in good condition and repair.
(b) All graffiti shall be removed within 24 hours.
(c) All trash or other waste shall be regularly removed from the Lot
and shall not be permitted to accumulate. All trash shall be placed in designated
containers, or within each Lot's contained service area(s).
(d) All landscaped areas on a Lot shall be regularly irrigated and shall
receive regular maintenance, including trimming, fertilization, mowing and replacement
of diseased plant materials. All irrigation systems shall be kept in good repair.
Landscaping shall be maintained so as to maintain a pleasant appearance.
(c) All parking lots, sidewalks and other hard surface areas located on
each Parcel shall be swept and cleaned regularly and cracks and other damaged areas
shall be repaired or replaced as required. Broken bumper stops and/or curbing shall be
replaced and drainage inlets, storm sewers and any surface and subsurface drainage
facilities shall be maintained in good repair and shall remain clear of debris so as to
enable the proper flow of water.
3. Water Ouality Management Plan. Each Owner shall comply with the
Water Quality Management Plan approved for the Property by the City affecting its Lot.
4. Satisfaction of Conditions of Approval. This Declaration is intended to
satisfy Condition of Approval Nos. 3, 5 and15 of Tentative Tract Map 16831.
5. Severability. If any clause, sentence or other portion of this Declaration
shall become illegal, null or void for any reason, or shall be held by any court of
competent jurisdiction to be so, the remaining portion shall remain in full force and
effect.
6. Nature and Purpose of Covenants. The covenants and restrictions set forth
in this Declaration constitute a general scheme for the development, protection and
maintenance of the Property for the benefit of all Owners. Said covenants and
restrictions are for the benefit of the Property and shall bind all Owners thereof.
7. Covenants Running With the Land. Each covenant contained in this
Declaration is a covenant running with the land, binding upon and inuring to the benefit
of each heir, assignee and successor -in- interest of Declarant as the Owner of all or any
portion of the Property, and the term "Declarant as used herein, shall be deemed to
SFDBOI 32080920.5 03137146
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include such heirs, assigns and successors -in- interest. Each deed, lease or conveyance of
all or any portion of the Property, or any interest therein, shall expressly reference and be
subject to all the provisions of this Declaration.
8. Duration.
(a) The Maintenance Obligations under this Declaration concerning
the Common Area Improvements shall automatically terminate with respect to a Lot upon
recordation of CC&R's and establishment of an Association or equivalent fiscal
mechanism which assumes responsibility for administering Common Area Improvements
on the Lot and performing the Maintenance Obligations set forth in this Declaration with
respect to the Lot and in the recorded CC &R's. As an additional condition for
termination of the Maintenance Obligations for Common Area Improvements on a Lot,
the CC &R's shall provide that termination of the CC&R's or amendment of any
provision which may negatively impact performance of the Maintenance Obligations
shall require prior written consent of the City.
(b) Except as set forth in Section 1(a) with respect to Park
improvements, Declarant's Maintenance Obligations under this Declaration concerning
the Public Improvements shall automatically terminate upon acceptance of the Public
Improvements by the City. Except as set forth in Section 1(a) with respect to Park
Improvements, once a Public Improvement is accepted by the City, Declarant shall not be
responsible for the maintenance of such accepted Public Improvement or the performance
of the Maintenance Obligations for such accepted Public Improvement from and after the
date that the Public Improvement is accepted by the City.
(c) Such termination of Maintenance Obligations under this
Declaration is not a release of an Owner with regard to independent obligations in
connection with development and approval of the project located on its Lot or with regard
Lo Maintenance Obligations liabilities incurred under the Declaration prior to such
-erminati on.
9. Indemnification.
(a) Effective of the date that the City accepts the Park Improvements,
to the fullest extent permitted by law, Declarant agrees to indemnify, defend, and hold
harmless the City of Anaheim, its officials, officers, employees, agents, and
representatives, from and against any and all claims, losses, damages, defense costs, or
liability, of any kind or nature (collectively referred to hereinafter as "Claims arising
out of or in connection with Declarant's (or Declarant's contractors' or subcontractors', if
any) negligent act or omission in the performance of the Maintenance Obligations for the
Dark Improvements; except for those Claims which arise out of the sole negligence or
willful misconduct of City.
(b) The obligations set forth in this indemnification provision (i) shall
he in effect without regard to whether or not City, Declarant, or any other person
maintains, or fails to maintain, insurance coverage, or a self insurance program, for any
FDB01 32080920.5 03137146
4
such Claims; and (ii) shall survive the acceptance of the Park Improvements by the City
and termination of this Declaration.
10. Insurance.
Effective of the date that the City accepts the Park Improvements, Declarant
agrees to secure and maintain, or cause to be secured and maintained, for the duration of
the Maintenance Obligations for the Park Improvements set forth in this Declaration,
commercial general liability insurance (written on an occurrence form) in an amount not
less than $1,000,000 per occurrence and automobile liability insurance in an amount not
less than $1,000,000 per occurrence. Declarant agrees to (i) to have the City of Anaheim,
its officials, officers, and employees, added, by endorsement, as additional insureds on
the general liability policy, and (ii) require, by endorsement, that the insurer endeavor to
provide the City of Anaheim with 30 days written notice prior to cancellation of the
insurance required herein. Prior to the City's acceptance of the Park Improvements under
this Declaration, Declarant shall provide certificate(s) of insurance evidencing the
nsurance coverage required herein.
11. Exhibits. All exhibits to this Declaration are incorporated by this
reference. Notwithstanding Exhibit B, the as -built conditions, as approved by the City of
Anaheim, shall control.
12. Construction. This Declaration shall be construed in accordance with the
laws of the State of California. The headings used in this Declaration are for convenience
only and are not to be used to interpret the meaning of any of the provisions of this
Declaration. In this Declaration, whenever the context requires, the singular number
includes the plural and vice versa, and the masculine and neuter gender shall be mutually
°nclusive.
13. Injunctive Relief. In addition to any other legal remedies available to the
City, the City shall have the right to seek injunctive relief or other equitable remedy
necessary, including an injunction to restrain Declarant from selling, assigning or
otherwise transferring any interest in the Property so long as the Declarant is in material
violation of this Declaration.
SFD80132080920.5 03137146
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IN WITNESS WHEREOF, this Declaration has been executed by the Declarant
effective as of the date first written above.
Dir
City
Approve
to content:
Pu
aheim
Approved as to form:
SFDB0I32080920.5 03137146
ks /City Engineer
City homey
City of Anaheim
6
"DECLARANT"
cf5RE c eCA'\e nC--
CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
State of California
County of
On #11 24IZ
personally appeared
Document Dale:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Slgner(s)
Signers Name:
C Individual
Corporate Officer Title(s):
L Partner limited 0 General
Attomey in Fact
Trustee
Guardian or Conservator
Other
Signer Is Representing:
N 51via,ed
Place Notary Seal A{tore
before me,
fr
RIGHT THUMBPRINT
Or SIGNER
SS.
CodoU44 (VIM
Name and TMe o 1 Officer e.g., l 'Jane Doe, Notary Pi
e(a) of Slaner(s)
OPTIONAL
C 2004 Notional Wary Asociatron D3$0 Do Sob Ana.. P.O. aw 2402 Chalaworrh, CA 01313-2402
Personally known to me
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their
authorized capacfty(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted,
executed the instrument.
WIT SS my hand and official seal.
Signature of Notary Punk
'hough the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another oiocument.
Description of Attached DocumenTotAkeilfi f A 1 _4 (,YL 0 n
Title or Type of Document; I`t j�/�{
Number of Pages:
Signer's Name:
Individual
Corporate Officer Trtle(s):
O Partner Limited General
Attorney in Fact
O Trustee
O Guardian or Conservator
Other:
Signer Is Representing:
ar vr'�e Ns;.. ate: >r.
Item No. 5407
tor
RIGHT THUMBPRINT
OF SIGNER
Reader Cal ToIFF,ae t- 06676.6W
STATE OF CALIFORNIA
ss.
COUNTY OF
On 200, before me, the undersigned Notary Public, personally
appeared
personally known to me or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that helshelthey executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the persons) acted, executed the instrument.
SFD1301320809203 03137146
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WITNESS my hand and official seal.
Notary Public in and for said County and
State
STATE OF CALIFORNIA
ss.
COUNTY OF
On 200, before me, the undersigned Notary Public, personally
appeared
personally imown to me or
proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within instrument, and
acknowledged to me that he/she/they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the
entity upon behalf of which the person(s) acted, executed the instrument.
SFD130132080920.5 03137146
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WITNESS my hand and official seal.
Notary Public in and for said County and
State
EXHIBIT A
Legal Description
PARCEL 1 OF PARCEL MAP NO. 95 -189, AS PER MAP FILED IN BOOK 300,
PAGES 39 AND 40 OF PARCEL MAPS IN THE OFFICE OF THE COUNTY
RECORDER OF ORANGE COUNTY, CALIFORNIA.
EXCEPT THE TITLE AND EXCLUSIVE RIGHT TO ALL OF THE MINERALS AND
MINERAL ORES OF EVERY KIND AND CHARACTER NOW KNOWN TO EXIST
OR HEREAFTER DISCOVERED UPON, WITHIN OR UNDERLYING SAID LAND
OR THAT MAY SR PRODUCED THEREFROM, INCLUDING, WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING. ALL PETROLEUM, OIL,
NATURAL GAS AND OTHER HYDROCARBON SUBSTANCES AND PRODUCTS
DERIVED THEREFROM, TOGETHER WITH THE EXCLUSIVE AND PERPETUAL
RIGHT OF SAID GRANTORS, THEIR SUCCESSORS AND ASSIGNS, OF INGRESS
AND EGRESS BENEATH THE SURFACE OF SAID LAND TO EXPLORE FOR,
EXTRACT, MINE AND REMOVE THE SAME, AND TO MAKE SUCH USE OF THE
SAID LAND BENEATH THE SURFACE AS IS NECESSARY OR USEFUL IN
CONNECTION THEREWITH, WHICH USE MAY INCLUDE LATERAL OR SLANT
DRILLING. BORING, DIGGING OR SINKING OF WELLS, SHAFTS OR TUNNELS;
PROVIDED, HOWEVER, THAT SAID GRANTORS, THEIR SUCCESSORS AND
ASSIGNS, SHALL NOT USE THE SURFACE OF SAID LAND IN THE EXERCISE
OF ANY OF SAID RIGHTS, AND SHALL NOT DISTURB THE SURFACE OF SAID
LAND OR ANY IMPROVEMENTS THEREON, AS RESERVED BY PACIFIC
ELECTRIC RAILWAY COMPANY, A CORPORATION, AND NORTHWESTERN
PACIFIC RAILROAD COMPANY, A CORPORATION, IN DEED RECORDED
NOVEMBER 21. 1960 IN BOOK 5517, PAGE 218 OF OFFICIAL RECORDS
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SFDBO132080920.5 03137146
EXHIBIT 13
MAINTENANCE EXHIBIT
(See attached)
-1
1. PRIVATE SEWER LINES, GREASE
INTERCEPTOR AND CLEAN —OU75.
2. INTERNAL LANDSCAPE AREAS,
COURTYARDS AND COMMON AREAS.
3. INTERNAL HARDSCAPE
4. PARKWAY LANDSCAPING AND HARDSCAPE.
5. DNS/TE FOUNTAINS AND ART
ELEMENTS
6. ENCLOSE PARKING STRUCTURES
WITH MAIL FACILITIES RUBBISH
COLLECT7ON AREAS, AND
BICYCLE STORAGE AREAS
7. RECREATIONAL AMENITY AREAS
INCLUDING POOLS SPAS;
BARBECUE AERAS, CLUBHOUSE
MEETING ROOM(S) AND
WORKOUT ROOM.
8. SITE UGHIING SYSTEMS
9. SOUEAL —FREE SURFACE 1N
PARKING STRUCTURE.
10. MAINTENANCE OF ON —SITE
SIGNS AND AWNINGS
11, ON SITE 14QMP BMPS.
12. PEDESTRIAN ACCESS AND
LOADING/UNLOADING AREA.
3. 26' F7R£ ACCESS LANE
4. SIDEWALK AND RAMP IN STRtt (S.
15. PRIVATE STREET
NOTE: TO BE MAINTAINED BY HOMEOWNER
EMERGENCY VEHICULAR ACCESS
FUTURE PUBLIC PARK
FUTURE PUBLIC STREET
—6 SEWER
--W WATER
—5E1- STORMDRAIN
EXHIBIT B
MAINTENANCE EXHIBIT
TRACT NO. 16831
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I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEALS ON
THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READ AS
FOLLOWS:
NAME OF NOTARY: 1. C re
DATE COMMISSION EXPIRES: T G n 31 2 0/ 0
COUNTY WHERE BOND IS FILED: 5 rl [V4 CO
1()
COvMISSION NUMBER:
MANUFACTURER! VENDOR NUMBER: N Iv flj
I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF
THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS
FOLLOWS:
PLACE OF EXECUTION: SANTA ANA
DATED:
SIGNATURE:
First American Title
GOVERNMENT CODE 27361.7