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Title Compa 725 South Figueroa Street, Suite 200, Los Angeles, CA 90017 Phone: (213) 488 -4300 • Fax: (213) 488 -4377 Issuing Policies of Chicago Title Insurance Company ORDER NO.: 00073588- 994- L "1'2 -DB Escrow /Customer Phone: (213) 488 -4300 Edward Selich Title Officer: Dave Balassi (LA /Comm) 627 Bayside Dr. Title Officer Phone: (213) 488 -4394 Newport Beach, CA 92660 ATTN: Title Officer Fax: (213) 488 -4360 Email: edselich cyroadrunner.com Title Officer Email: DL-CT1-LosAngeles- Rcf: UnitX49 @ctt.com PROPERTY: FIRST STREET AND MARINA DRIVE, SEAL BEACH, CA PRELIMINARY REPORT In response to the application for a policy of title insurance referenced herein, Chicago Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of tide insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules. Conditions and Stipulations or Conditions ofsaid policy forms. The printed Exceptions and Exclusions fi om the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company at- the Insured as the exclusive remedy of the parties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One. Copies of the policy forms should be read. They are available from the office which issued this report. This report (and any supplements or amendments hereto) is issued solely for the purpose offacilitating the issuance of a policy of tide insurance and no liability is assumed herehy. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requester(. The policy(s) of title insurance to be issued hereunder will be policy(s) of Chicago Tide Insurance Company, a Florida corporation. Please read the exceptions shown or referred to herein and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects and encumbrances affecting title to the land. Chicago Title Company By: Authorized Signature 9y -,_o[wa(��..� Fantly OvnM, Presgent SCAL7� Mau // M1LCM1MI Gravelle. SxrMary CL J A Preliminary Report Form — M odi l ied (11/17/06) Page I Title Com 725 South Figueroa Street, Suite 200, Los Angeles-, CA 90017 Phone: (213) 488 -4300 • Fax: (2 13) 488 -4377 PRELIMINARY REPORT EFFECTIVE DATE: November 13, 2017 at 7:30 a.m. ORDER NO.: 00073588- 994- LT2 -DB The form of policy or policies of title insurance contemplated by this report is: ALTA Extended Owner's Policy (6- 17 -06) THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS: A Fee 2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN: The City Of Seal Beach, a municipal corporation 3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS: See Exhibit A attached hereto and made a part hereof. CIAA Preliminary Report Fomr — Modified (11/17/06) Page 2 PRELIMINARY REPORT Chicago "Title Company YOUR REFERENCE: ORDER NO,: 00073588 - 9944,12 -D6 EXHIBIT "A" LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SEAL BEACH, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF FIRST STREET, A PUBLIC RIGHT OF WAY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK 12115, PAGE 20L,OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 3 OF CER'T'IFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009- AS INSTRUMENT NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE NORTH 40 04'51" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 3 AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 29.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF THE TANGENT OF THE CENTERLINE CURVE OF MARINA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 2002- 1090,AS PER MAP RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 43 001'03" EAST ALONG SAID PARALLEL LINE, 40.15 FEET; THENCE SOUTH 50 21' 49" EAST, 30.54 FEET TO A POINT PARALLEL WITH AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01, SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE SOUTH 320 17' 25" WEST ALONG SAID PARALLEL LINE AND SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION,319.40 FEETTO A POINT BEINGTHEANGLE POINT IN THE SOUTHEASTERLY LINEOF PARCEL 6 O SAID CERTIFICATE OF COMPLIANCE NO. 2009-01 AND THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN SAID ORDER OF CONDEMNATION; THENCE NORTH 25° 22' 45" EAST ALONG THE SOUTHEASTERLY LINES OF PARCELS 6, 1, AND 3 OF SAID CERTIFICATE OF COMPLIANCE AND THE NORTH WESTERLY LINEOFTHATLAND DESCRIBED INSAI DFINALORDEROFCONDEMNATION, 332.42 FEETTOTHE POINTOF BEGINNING APN: 043 - 172 -12 CLTA Preliminary Rcpon Form — Modified (11/17/06) Page 3 PRELIMINARY REPORT' YOUR REFERENCE: EXCEPTIONS Chicago Title Company ORDER NO.: 00073588- 994- 1-f2 -1)B AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS: A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2017 -2018. B. There were no taxes levied for the fiscal year 2017 - 2018 as the property was vested in a public entity. Affects: 043 - 172 -12 C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy. I. Water rights, claims or title to water, whether or not disclosed by the public records. 2. Waiver of any claims for damages to said Land by reason of the location, construction, landscaping or maintenance of the street or highway adjoining said Land, as contained in the deed to County/City/State: State of California Recorded: June 24, 1922, Book 426 Page 378 of Deeds 3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Southern Sierras Power Company Purpose: pole lines and incidental purposes Recording Date: October 23, 1928 Recording No: Book 205 Page 370 of Official Records Affects: said land 4. This exception has been intentionally deleted. 5. Any irregularities, reservations, easements or other matters in the proceedings occasioning the abandonment or vacation of the street/road shown below: Name: Portion of First Street Recording Date: January 13, 2016 Recording No: 2016000015214 of Official Records Affects: A portion of said land as more particularly described in said document. 6. Matters contained in that certain document Entitled: Deed Restriction Dated: September 14, 2017 Executed by: The City of Seal Beach, a municipal corporation Recording Date: October 30, 2017 Recording No: 2017 - 000459819 of Official Records Reference is hereby made to said document for full particulars. C1,1 A Preliminary Report Form — Modified (11/17/06) Page 4 PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00073588- 994- 1:I 2 -DB EXCEPTIONS (Continued) 7. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records. 8. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent. 9. Matters which may be disclosed by an inspection and /or by a correct ALTANSPS Land Title Survey of said Land that is satisfactory to the Company, and /or by inquiry of the parties in possession thereof. 10. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records. The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and /or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage. The Company reserves the right to except additional items and /or make additional requirements after reviewing said documents. PLEASE REFER TO THE "INFORMATIONAL NOTES" AND `REQUIREMENTS" SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION. END OF EXCEPTIONS CLTA Preliminary Report Form — Modified (111/17/06) Page 5 PRELIMINARY REPORT Chicago'fitle Company YOUR REFERENCE: ORDER NO.: 00073588- 994- I,T2 -DB REQUIREMENTS SECTION I. The Company will require the following documents for review prior to the issuance of any title insurance predicated upon a conveyance or encumbrance by the corporation named below: Name of Corporation: THE CITY OF SEAL BEACH, a municipal corporation a) A Copy of the corporation By -laws and Articles of Incorporation b) An original or certified copy of a resolution authorizing the transaction contemplated herein C) lHhe -Afti la" - copy o e i y- d) A current dated certificate of good standing from the proper governmental authority of the state in which the entity was created The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 2. Unrecorded matters which may be disclosed by an Owner's Affidavit or Declaration. A form of the Owner's Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you. The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration. END OF REQUIREMENTS CL I A Preliminary Report Form — Modified Q 1/17/06) Page 6 Requirements Section Item A — Certified Copy of the Seal Beach City Charter and Municipal Code OFFICIAL CHARTER ADOPTED: February 4, 1964 MIMI i 1 i i � l` rr r� r i i • • AMENDED: March 28, 2006 and November 4, 2014 THIS PAGE IS INTENTIONALLY LEFT BLANK CHARTER OF THE CITY OF SEAL BEACH TABLE OF CONTENTS ARTICLE I. INCORPORATION AND SUCCESSION. Section 100. Name of the City ..................................... ..............................1 Section 101. Boundaries .............................................. ..............................1 Section 102. Rights and Liabilities ............................... ..............................1 Section 103. Ordinances ............................................. ..............................1 Section 104. Continuance of Contracts and Public Improvements ............ 1 Section 105. Pending Actions and Proceedings .......... ..............................1 Section 106. Continuance of Present Officers and Employees .................2 Section 107. Emergency Powers ................................. ..............................2 Section 108. Effective Date of Charter ........................ ..............................2 ARTICLE II. POWERS OF THE CITY. Section 200. General Powers ...................................... ..............................3 Section 201. Procedures ............................................. ..............................3 ARTICLE III. FORM OF GOVERNMENT. Section 300. Council- Manager Form of Government .. ..............................4 Section 301. Residency Requirements (ord 1481-2002, amended 2014) ................4 ARTICLE IV. ELECTIVE OFFICERS. Section 400. Elective Officers (2006, amended 2014) ............ ..............................5 Section 401. Eligibility (Repealed 2002) Section 402. Compensation ......................................... ..............................5 Section 403. Vacancies (2006) ...................................... ............................... 5 Section 404. City Council, Presiding Officer, Mayor (1974) ..........................5 Section 405. Powers Vested in the City Council .......... ..............................6 Section 406. Interference in Administrative Service .... ..............................6 Section 407. Meetings (2002) ......................................... ..............................6 Section 408. Special Meetings (Repealed 2002) Section 409. Place of Meeting ..................................... ..............................6 Section 410. Quorum. Proceedings ............................ ..............................6 Section 411. Citizen Participation ................................ ..............................7 Seal Beach Official Charter Section 412. Ordinances and Resolutions, Adoption ... ..............................7 Section 413. Ordinances, Enactment .......................... ..............................8 Section 414. Ordinances, Publication .......................... ..............................8 Section 415. Ordinances, Codification ......................... ..............................8 Section 416. Ordinances, When Effective ................... ..............................8 Section 417. Ordinance Violation Penalty Provisions (Repealed 2002) Section 418. Publishing of Legal Notices .................... ..............................9 Section 419. Contracts. Restrictions ........................... ..............................9 Section 420. Contracts. Execution ............................. .............................10 Section 421. Compensation of the City Clerk (1976, Repealed 2014) .................10 Section 422. Members of the City Council. Consecutive Elective Terms ( 1974) ..... .............................10 ARTICLE V. ELECTIONS. (Res.No.5443 -2006) Section 500. Municipal Elections ................................ .............................11 Section 501. General Municipal Elections .................. .............................11 Section 502. Municipal Run -off Elections ................... .............................11 Section 503. First Election (Repealed 2006) Section 504. Special Municipal Elections ................... .............................11 Section 505. Consolidation of Elections ..................... .............................11 Section 506. Holding Elections ................................... .............................12 Section 507. Law Governing Elections ....................... .............................12 Section 508. Voting for candidates for Elective Office at General Municipal Elections (Amended 2006,2014) .................12 Section 509. Number of Votes needed for Elective Office .......................12 Section 510. General Municipal Election (Repealed 2006) Section 511. City Clerk. Duties .................................. .............................12 Section 512. Informality .............................................. .............................13 Section 513. Majority Elects (Repealed 2006) Section 514. Measures, Initiatives, Referenda, and Recalls ....................13 Section 515. Councilmanic Districts ( 1974) .................... .............................13 ARTICLE VI. CITY MANAGER. Section 600. City Manager ......................................... .............................14 Section 601. Residence (Repealed 2002) Section 602. Eligibility ................................................. .............................14 Section 603. Compensation and Bond ....................... .............................14 Section 604. Powers and Duties (2006, Amended 2014) ........ .............................14 Section 605. Financial Duties of the City Manager(1973) ..........................16 Section 606. Meetings ................................................ .............................17 Section 607. Removal ................................................ .............................17 Seal Beach Official Charter Section 608. Notification of Resignation ..................... .............................17 Section 609. Manager Pro Tempore ........................... .............................17 ARTICLE VII. OFFICERS. Section 700. Officers (1976. Amended 2014) ......................... .............................18 Section 701. Administrative Departments ................... .............................18 Section 702. City Clerk. Powers and Duties .............. .............................18 Section 703. Treasurer and Finance Director ( 1976) ..... .............................19 Section 704. City Attorney. Powers and Duties ......... .............................20 Section 705. City Attorney. Deputies and Employees ............................20 Section 706. Administering Oaths .............................. .............................21 Section 707. Department Heads. Appointment Powers ..........................21 Section 708. Illegal Contracts. Financial Interest ( 2002 ) ............................21 Section 709. Acceptance of Other Office .................... .............................21 Section 710. Nepotism ................................................ .............................21 Section 711. Official Bonds ......................................... .............................21 ARTICLE VIII. APPOINTIVE BOARDS AND COMMISSIONS. Section 800. In General .............................................. .............................22 Section 801. Appropriations ........................................ .............................22 Section 802. Appointments. Terms ( 1974) .................... .............................22 Section 803. Existing Boards ( 1969) .............................. .............................22 Section 804. Meetings. Chairpersons ( 2002) .............. .............................22 Section 805. Compensation. Vacancies .................... .............................23 ARTICLE IX. CIVIL SERVICE SYSTEM. (rtes. No. 5443 -2006) Section 900. Civil Service System .............................. .............................24 Section 901. Exemptions ............................................ .............................24 Section 902. Discrimination ........................................ .............................25 ARTICLE X. FISCAL ADMINISTRATION. Section 1000. Fiscal Year ............................................. .............................26 Section 1001. Annual /Bi- Annual Budget. Preparation by the City Manager (2002) ...........................26 Section 1002. Budget. Submission to City Council ...... .............................26 Section 1003. Budget. Public Hearing ......................... .............................26 Section 1004. Budget. Adoption .................................. .............................26 Seal Beach Official Charter Section 1005. Budget. Appropriations ......................... .............................26 Section 1006. Centralized Purchasing .......................... .............................27 Section 1007. Tax Limits .............................................. .............................27 Section 1008. Tax Procedure ....................................... .............................27 Section 1009. Bonded Debt Limit ................................. .............................27 Section 1010. Contracts on Public Works ( 2002) ............. .............................28 Section 1010.5 Design -Build Contracts on Public Works (Added 2002) .............29 Section 1011. Presentation of Demands ( 1973) .............. .............................29 Section 1012. Registering Warrants ............................. .............................30 Section 1013. Independent Audit ( 1974) .......................... .............................30 ARTICLE XI. FRANCHISES. Section 1100. Franchises to Operate ........................... .............................31 Section 1101. Authority to Grant Franchises ................ .............................31 Section 1102. Franchise Terms, Conditions and Procedures .................... 31 Section 1103. Method of Granting Franchise ............... .............................31 Section 1104. Term of Franchise .................................. .............................32 Section 1105. Purchase or Condemnation by City ....... .............................32 Section 1106. Compensation ........................................ .............................32 Section 1107. Article Not Applicable to Certain Cases . .............................32 Section 1108. Exercising Right Without Franchise ....... .............................32 ARTICLE XII. BOARD OF EDUCATION. Section 1200. State Law Governs ................................ .............................33 Section 1201. Effect of Charter ..................................... .............................33 ARTICLE XIII. MISCELLANEOUS. Section 1300. Definitions .............................................. .............................34 Section 1301. Purpose of Charter ................................ .............................34 Section 1302. Violations ( 2002) ....................................... .............................34 Section 1303. Validity ................................................... .............................34 Amended: November 5, 1968 November 7, 1972 November 5, 1974 March 30, 1976 March 8, 1977 November 7, 1978 June 5, 1990 March 5, 2002 March 28, 2006 November 4, 2014 Iv Seal Beach Official Charter THE CHARTER OF THE CITY OF SEAL BEACH ARTICLE I INCORPORATION AND SUCCESSION SECTION 100. Name of the City. The Municipal Corporation now existing and known as the City of Seal Beach shall remain and continue a body politic and corporate in name and in fact, by the name of the City of Seal Beach. SECTION 101. Boundaries. The boundaries of the City of Seal Beach shall continue as now established until changed in the manner authorized by law. SECTION 102. Rights and Liabilities. The City of Seal Beach shall remain vested with, and continue to have, hold, and enjoy, all property, rights of property and rights of action of every nature and description now pertaining to this municipality, and is hereby declared to be the successor of the same. It shall be subject to all the liabilities that now exist against this municipality. SECTION 103. Ordinances. All lawful ordinances, resolutions, rules and regulations, or portions thereof, in force at the time this Charter takes effect and not in conflict with or inconsistent herewith, are hereby continued in force until the same have been duly repealed, amended, changed or superseded by proper authority. SECTION 104. Continuance of Contracts and Public Improvements. All contracts entered into by the City, or for its benefit prior to the effective date of this Charter, shall continue in full force and effect. Public improvements for which proceedings have been instituted under laws existing at the time this Charter takes effect, in the discretion of the City Council, may be carried to completion as nearly as practicable in accordance with the provisions of such existing laws or may be continued or perfected under this Charter. SECTION 105. Pending Actions and Proceedings. No action or proceeding, civil or criminal, pending at the time when this Charter takes effect, brought by or against the City or any officer, office, department or agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained, but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any officer, office, department or agency a party thereto, may be assigned or transferred by or under this Charter to another -1- Seal Beach Official Charter officer, office, department or agency, but in that event the same may be prosecuted or defended by the head of the office, department or agency to which such functions, powers and duties have been assigned or transferred by or under this Charter. SECTION 106. Continuance of Present Officers and Employees. The members of the City Council in office at the time of the approval of this Charter by the Legislature shall continue to hold office and discharge their duties for the balance of the term for which they were elected, or until their successors are elected and qualified. All appointive officials, officers and employees of the City now in the office or employed at the time of the approval of this Charter by the Legislature, shall continue to hold their office or employment until they are re- appointed or their successors are appointed in their place in accordance with the provisions of this Charter. SECTION 107. Emergency Powers. Notwithstanding any general or special provisions of this Charter, the Council, in order to insure continuity of governmental operations in periods of emergency resulting from disasters of whatever nature, shall have the power and immediate duty: a) To provide for prompt and temporary succession to the powers and duties of all City officers, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and b) To adopt such other measures as may be necessary and proper for insuring the continuity of City operations, including, but not limited to the financing thereof. In the exercise of the powers herein conferred, the City Council, in all respects, shall conform to the requirements of this Charter except that at such times they may make purchases and enter into contracts without calling for bids or giving therefore; to the extent the emergency requires such action. SECTION 108. Effective Date of Charter. This Charter shall take effect upon its approval by the Legislature. # # # # ## -2- Seal Beach Official Charter ARTICLE II POWERS OF THE CITY SECTION 200. General Powers. The City shall have the power to make and enforce all laws and regulations in respect to municipal affairs, subject only to such restrictions and limitations as may be provided in this Charter and in the Constitution of the State of California. It shall also have the power to exercise any and all rights, powers and privileges heretofore or hereafter established, granted or prescribed by any law of the State, by this Charter, or by other lawful authority, or which a municipal corporation might or could exercise under the Constitution of the State of California. The enumeration in this Charter of any particular power shall not be held to be exclusive of or any limitation upon, this general grant of power. SECTION 201. Procedures. The City shall have the power and may act pursuant to any procedure established by this Charter, or by ordinance. -3- Seal Beach Official Charter ARTICLE III FORM OF GOVERNMENT SECTION 300. Council - Manager Form of Government. The municipal government provided by this Charter shall be known as the "Council- Manager' form of government. SECTION 307. Residency Requirements. The Constitution and laws of the State of California shall govern residency requirements for Council members and the City Manager. lord No 1481 - 2002, Amended 2014) Seal Beach Official Charter ARTICLE IV ELECTIVE OFFICERS SECTION 400. Elective Officers. The elective officers of the City shall consist of five (5) members of the City Council, one (1) elected from each of the five (5) Councilmanic Districts as prescribed in Article V. The terms of elective officers shall be four (4) years and until their respective successors qualify. The term of each elective officer shall commence on the twenty -first (21st) day following his /her election at the time of the completion of the canvass of the election returns. (Amended 1974, 1978, 2006, 2014) SECTION 401. Eligibility. (Repealed 2002) SECTION 402. Compensation. Compensation for the members of the City Council shall be established by ordinance in accordance with provisions of Sections 36516 and 36516.5 of the State of California Government Code as such provisions now exist or may thereafter be amended. Each member of the City Council shall receive reimbursement for Council authorized expenses in accordance with provisions of Section 36514.5 and 37201 through 37205 of the State of California Government Code. (Amended 1990) SECTION 403. Vacancies. A vacancy in any elective office shall be filled in accordance with state law. (Amended 2006) SECTION 404. City Council. Presiding Officer, Mayor. a) Upon the completion of the canvass of the election returns of any municipal election at which any member or members of the City Council is or are elected, the City Council shall meet and shall elect one (1) of its members as its presiding officer, who shall have the title of Mayor. The Mayor shall have a voice and vote in all its proceedings. The Mayor shall be the official head of the City for all ceremonial purposes. The Mayor shall also act in a liaison capacity between the City Council and the City Manager, and in such capacity shall advise the City Manager on matters of Council Policy. The Mayor shall perform such other duties consistent with the office as may be prescribed by this Charter or as may be imposed by the City Council. The Mayor shall serve in such capacity at the pleasure of the City Council. b) Mayor Pro Tempore. At the same time as a Mayor is selected, the City Council shall also designate one (1) of its members as Mayor Pro Tempore, who shall serve in such capacity at the pleasure of -5- Seal Beach Official Charter the City Council. The Mayor Pro Tempore shall perform the duties of the Mayor during the Mayor's absence or disability. (Amended 1974) SECTION 405. Powers Vested in the City Council. All powers of the City shall be vested in the City Council except as otherwise provided in this Charter. SECTION 406. Interference in Administrative Service. Neither the City Council nor any of its members shall interfere with the execution by the City Manager of his /her powers and duties; or order, directly or indirectly, the appointment by the City Manager or by any of the department heads in the administrative service of the City, of any person to an office or employment or removal therefrom. Except for the purpose of inquiry, the City Council and its members shall deal with the administrative service under the City Manager solely through the City Manager and neither the City Council nor any member thereof shall give orders to any subordinate of the City Manager, either publicly or privately. SECTION 407. Meetings. The City Council shall hold regular meetings at least once each month in accordance with the Brown Act (California Government Code Section 54950 et seq.), as such statute now exists or may hereafter be amended, at such times, as it shall fix by ordinance or resolution. The City Council may adjourn or re- adjourn any meeting and may call special meetings, in accordance with the Brown Act. If at any time any regular meeting falls on a holiday, such regular meeting may be held thereafter prior to the next regular meeting. (Amended2002) SECTION 408. Special Meetings (Repealed 2002— Superseded by Section 407) SECTION 409. Place of Meeting. All meetings shall be held in such place, as the City Council shall fix by ordinance or resolution, or in such place to which any such meeting may be adjourned and shall be open to the public. If, by reason of fire, flood, or other emergency, it shall be unsafe to meet in the place designated, the meetings will be held for the duration of the emergency at such place as is designated by the Mayor, or if he /she should fail to act, by three (3) members of the City Council. SECTION 410. Quorum. Proceedings. A majority of the members of the City Council shall constitute a quorum to do business, but a less number may adjourn from time to time. In the absence of all of the members of the City Council from any regular meeting, the City Clerk may declare the same adjourned to a stated day and hour. Notice of a meeting adjourned by less than a quorum or by the Clerk shall be given by the Clerk or may be waived by consent in the same manner as specified in this Charter for the giving or waiving of notice of special meetings of the City Council, but need not specify the matters to be acted upon. WE Seal Beach Official Charter The City Council shall judge the qualifications of its members as set forth by the Charter. It shall judge all election returns. It may establish rules for the conduct of its proceedings and evict or prosecute any members or other person for disorderly conduct at any of its meetings. Each member of the City Council shall have the power to administer oaths and affirmations in any investigation or proceedings pending before the City Council. The City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence before it. Subpoenas shall be issued in the name of the City attested by the City Clerk. Disobedience of such subpoenas, or the refusal to testify (except as to privileged matters), shall constitute a misdemeanor, and shall be punishable in the same manner as violations of this Charter are punishable. At the demand of any member or upon the adoption of any ordinance, resolution, or order for the payment of money, the City Clerk shall call the roll and shall cause the ayes and noes taken on such question to be entered upon the minutes of the meeting. SECTION 411. Citizen Participation. No citizen shall be denied the right, personally or through counsel, to present grievances at any regular meeting of the Council, or offer suggestions for the betterment of municipal affairs subject always to the rules of the City Council governing the conduct of Council meetings. SECTION 412. Adoption of Ordinances and Resolutions. With the sole exception of ordinances, which take effect upon adoption, referred to in this Article, no ordinance shall be adopted by the City Council on the day neither of its introduction, nor within five (5) days neither thereafter nor at any time other than at a regular or adjourned regular meeting. At the time of its introduction an ordinance shall become part of the proceedings of such meeting in the custody of the City Clerk. At the time of adoption of an ordinance or resolution, it shall be read in full, unless after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the council members present. In the event that any ordinance is altered after its introduction, the same shall not be finally adopted except at a regular or adjourned regular meeting held not less than five (5) days after the date upon which such ordinance was so altered. The correction of typographical or clerical errors shall not constitute the making of an alteration within the meaning of the foregoing sentence. No order for the payment of money shall be adopted or made at any other than a regular or adjourned regular meeting. Unless a different vote is required by other provisions of this Charter, the affirmative votes of at least three (3) members of the City Council shall be required for the enactment of any ordinance, or for the making or approving of -7- Seal Beach Official Charter any order for the payment of money. All ordinances and resolutions shall be signed by the Mayor and attested by the City Clerk. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health, or safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting. SECTION 413. Ordinances. Enactment. In addition to such other acts of the City Council as are required by this Charter to be by ordinance, every act of the City Council establishing a fine or other penalty, or granting a franchise, shall be by ordinance. The enacting clause of all ordinances shall be substantially as follows: "The City Council of the City of Seal Beach does ordain as follows:" SECTION 414. Ordinances. Publication. The City Clerk shall cause each ordinance to be published at least once in the official newspaper, within fifteen (15) days after its adoption. SECTION 415. Ordinances. Codification. Any or all ordinances of the City which have been enacted and published in the manner required at the time of their adoption, and which have not been repealed, may be compiled, consolidated, revised, indexed and arranged as a comprehensive ordinance code, and such code may be adopted by reference, with the same effect as an ordinance, by the passage of an ordinance for such purpose. Such code need not be published in the manner required for other ordinances, but not less than (3) three copies thereof shall be filed for use and examination by the public in the office of the City Clerk prior to the adoption thereof. Ordinances codified shall be repealed as of the effective date of the code. Such code may be subsequently revised, recompiled, recodified and indexed, including such restatement and substantive change as necessary in the interest of clarity, in the same manner as prescribed in this Section for the original adoption by reference of an ordinance code. Amendments to the code shall be enacted in the same manner as ordinances. Detailed regulations pertaining to the construction of buildings, plumbing and wiring, when arranged as a comprehensive code, may likewise be adopted by reference in the manner provided in this Section. Maps, charts and diagrams also may be adopted by reference in the same manner. SECTION 416. Ordinances. When Effective. No ordinance shall become effective until thirty (30) days from and after the date of its adoption, except the following, which shall take effect upon adoption: Seal Beach Official Charter a) An ordinance calling or otherwise relating to an election. b) An improvement proceeding ordinance adopted under some law or procedural ordinance. c) An ordinance declaring the amount of money necessary to be raised by taxation, or fixing the rate of taxation, or levying the annual tax upon property. d) An emergency ordinance adopted in the manner provided for in this Article. SECTION 417. Ordinance Violation Penalty Provisions (Repealed 2002) SECTION 418. Publishing of Legal Notices. In the event that there is more than one (1) newspaper of general circulation published and circulated in the City, the City Council, annually, prior to the beginning of each fiscal year, shall publish a notice inviting bids and contract for the publication of all legal notices or other matter required to be published in a newspaper of general circulation in said City during the ensuing fiscal year. In the event there is only one (1) newspaper of general circulation published and circulated in the City, then the City Council shall have the power to contract with such newspaper for the printing and publishing of such legal notices or matter without being required to advertise for bids therefore. The newspaper with which any such contract is made shall be designated the official newspaper for the I publication of such notices or other matter for the period of such contract. In no case shall the contract prices for such publications exceed the customary rates charged by such newspaper for the publication of legal notices of a private character. In the event there is no newspaper of general circulation published and circulated in the City, then all legal notices or other matter may be published by posting copies thereof in at least three (3) public places in the City. No defect or irregularity in proceedings taken under this Section, or failure to designate an official newspaper, shall invalidate any publication where the same is otherwise in conformity with this Charter or law or ordinance. SECTION 419. Contracts. Restrictions. The City Council shall not have the power to make or authorize any contract or lease or extension thereof for a longer period than sixty -six (66) years unless said contract, lease or extension is approved by a majority of the qualified electors of the City voting on such question at any election. This Section shall not apply to any franchise granted pursuant to the provisions of this Charter, or to any contract for the furnishings, or acquisition of the products, commodity or services of any public utility. Seal Beach Official Charter SECTION 420. Contracts. Execution. The City shall not be bound by any contract, except as hereinafter provided, unless the same shall be made in writing, approved by the City Council and signed on behalf of the City by the Mayor and City Clerk or by such other officer or officers as shall be designated by the City Council. Any of said officers shall sign a contract on behalf of the City when directed to do so by the City Council. By ordinance or resolution the City Council may authorize the City Manager to bind the City, with or without a written contract, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority. The City Council may by ordinance or resolution provide a method for the sale or exchange of personal property not needed in the City Service or not fit for the purpose for which intended and for the conveyance of title thereto. Contracts for the sale of products, commodities or services of any public utility owned, controlled or operated by the City may be made by the Manager of such utility or by the head of the department or City Manager upon forms approved by the City Manager and at rates fixed by the City Council. The provision of this Section shall not apply to the services rendered by any person in the employ of the City at a regular salary. SECTION 421. (Repealed 2014) SECTION 422. Members of the City Council. Consecutive Elective Terms. A member of the City Council shall not be elected to more than two (2) consecutive elective four (4) year terms. (Amended 1974) MISIM Seal Beach Official Charter Gl:4 111 DIM:" ELECTIONS (Res. No 5443 - 2006) SECTION 500. Municipal Elections. Municipal elections held in the City shall be classified as either: (Amended 2006) a) General Municipal Elections. b) Municipal Run -off Elections. c) Special Municipal Elections. SECTION 501. General Municipal Elections. General Municipal Elections shall be held on the first (1st) Tuesday after the first (1st) Monday in November in even - numbered years commencing with the year 2008. The City Council may by ordinance fix another date in any even - numbered year, if such change will not extend or reduce any elective officer's term by more than twelve (12) months. The City Council may order any special municipal election consolidated with the General Municipal Election by following the procedure prescribed by state law for the consolidation of Special Elections with Municipal Elections. (Amended 2006) SECTION 502. Municipal Run -off Elections. Municipal Run -off Elections for the election of officers shall be held on the last Tuesday in January in each odd - numbered year commencing with the year 2009. If, pursuant to Section 501, the City Council has fixed another date for the General Municipal Election, the Municipal Run -off Election shall be held on a Tuesday no later than seven (7) weeks after the date fixed for the General Municipal Election. (Amended 2006) SECTION 503. First Election (Repealed 2006) SECTION 504. Special Municipal Elections. All other municipal elections that may be held in the City of Seal Beach by the authority of the Constitution of the State of California, this charter, or general law, or by ordinance of the City shall be known as special municipal elections. SECTION 505. Consolidation of Elections. The City Council shall have the power to submit to the electors of the City of Seal Beach, at any election, any measure or proposition required to be submitted by the constitution, this charter, general law, or by ordinance of the City; provided, that in case such measure or proposition is required by said constitution, charter, general law, or ordinance to be submitted at a special or other particular kind of election, or within any specified time, it shall be so submitted, and not otherwise. The City Council may cause to be mailed to all registered electors of the City, at any election at which - 11 - Seal Beach Official Charter all the qualified electors of the City are entitled to vote, arguments, in printed pamphlet form, relating to each measure or proposition to be voted upon at any such election; the procedure for the preparation and form of such arguments shall be as provided by the City Council by ordinance. SECTION 506. Holding Elections. The City Council shall, by ordinance, order the holding of all elections. Such ordinance shall conform in all respects to the general law of the State of California governing the conduct of municipal elections, now or hereafter in force, except as in this Charter or by ordinance otherwise provided. All ordinances ordering the holding of elections shall be published at least three times in the official newspaper of the City of Seal Beach ten days prior to the date of the election. SECTION 507. Law Governing Elections. Except as otherwise provided or required by this Charter or Ordinance, the provisions of the general law relating to the qualifications of electors, the manner of voting, the duties of election officers, the canvassing of returns, and all particulars in respect to the management of elections, so far as they may be applicable, shall govern all municipal elections of the City of Seal Beach; provided that the City Council shall meet as a canvassing board and duly canvass the election returns at the hour set for holding regular meetings on the seventh day following any municipal election. SECTION 508. Voting for Candidates for Elective Offices at General Municipal Elections. Each elector may vote for one candidate for the office of Councilmember from the district in which the elector resides. Only one person shall be elected to the City Council from each district. (Amended 2006, 2014) SECTION 509. Number of Votes Needed for Elective Offices. The City Council shall declare any candidate who receives a majority (50% plus 1) of all the votes cast for an office at any general municipal election to be elected to such office. If no candidate for an office receives a majority (50% plus 1) of all the votes cast, the two (2) candidates receiving the highest number of votes at the General Municipal Election shall be the only candidates for such office printed upon the ballots at the Municipal Run -off Election. The City Council shall declare the candidate who receives the most votes at the Municipal Run -off Election to be elected to such office. SECTION 510. General Municipal Election (Repealed2006) SECTION 511. City Clerk. Duties. The City Clerk shall cause ballots to be printed, bound and numbered as provided by the general law, except as otherwise required in this charter or ordinance. SECTION 512. Informality. No informalities in conducting any municipal election shall invalidate the election, if such election has been fairly conducted -12- Seal Beach Official Charter and in substantial conformity to the requirements of this charter, and the election laws of the State of California. SECTION 513. Majority Elects (Repeared2006) SECTION 514. Measures, Initiatives. Referenda and Recalls. The electors of the City shall have the powers of the measures, initiatives, and referenda, and may recall Municipal Elective Officers. The provisions of the California Elections Code governing measures, initiatives, referenda, and recalls of municipal officers shall govern such subjects provided such provisions are not in conflict with this Charter. SECTION 515. Councilmanic Districts. The five (5) members of the City Council shall be elected by districts, the boundaries of which shall be as defined by ordinance adopted by the City Council. In 1980 and each tenth (10th) year thereafter, the City Council shall appoint a committee to study and report to the City Council on the advisability of redistricting the City. Upon receipt of any such committee report, and at any other time deemed necessary or desirable in order that the district boundaries be in accordance with constitutional requirement, fair and logical, the City Council may by ordinance change and redefine the boundaries of any or all of such districts. The boundaries so defined shall be established in such manner that the district shall, as nearly as practicable, constitute natural areas of contiguous and compact territory and provide fair representation on the City Council. Any territory hereafter annexed to or consolidated with the City shall, at the time of such annexation or consolidation, be added by ordinance of the City Council to any adjacent district or districts. (Amended 1974) # # # # ## -13- Seal Beach Official Charter ARTICLE VI CITY MANAGER SECTION 600. City Manager. There shall be a City Manager appointed by the City Council who shall be the chief administrative officer of the City. In the selection of a City Manager, the City Council shall screen qualified applicants and other qualified persons known by the Council to be available. It shall appoint by a majority vote, the person that it believes to be best qualified on the basis of his /her executive and administrative qualifications, with special reference to experience in, and knowledge of, accepted practice in respect to the duties of the office as set forth in this Charter. The City Manager shall serve at the pleasure of the City Council. SECTION 601. Residence. (Repealed 2002) SECTION 602. Eligibility. No person shall be eligible to receive appointment as City Manager while serving as a member neither of the City Council nor within one (1) year after the member has ceased to be a City Councilmember. SECTION 603. Compensation and Bond. The City Manager shall be paid a salary commensurate with his /her responsibilities as Chief Administrative Officer of the City, which salary shall be established by ordinance or resolution. The City Manager shall furnish a corporate surety bond conditioned upon the faithful performance of his /her duties in such form and in such amount as may be determined by the City Council. SECTION 604. Powers and Duties. The City Manager shall be the head of the administrative branch of the City government and shall be responsible to the City Council for the proper administration of all affairs of the City. Without limiting the foregoing general grant of powers, responsibilities and duties, the City Manager shall have the power and be required to: a) To enforce all laws and ordinances of the City and to see that all franchises, permits and privileges granted by the City are faithfully observed. b) To exercise administrative control over all departments, divisions and employees of the City government, except the City Attorney. (Amended 1978, 2014) c) To appoint, promote, discipline, and remove employees of the City, except the City Attorney, subject to the Civil Service rules and regulations. (Amended 1978, 2006, 2014) -14- Seal Beach Official Charter d) To organize or reorganize such offices, positions, departments, or units under his /her direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. e) To attend all meetings of the City Council unless excused therefrom by the City Council. f) To recommend to the City Council for adoption such measures and ordinances as he /she deems necessary or expedient. g) To serve as finance officer and to keep the City Council fully advised as to the financial conditions and needs of the City. The City Manager shall be the chief financial officer of the City. (Amended by Statutes 1973) h) To prepare and submit to the City Council an annual or bi- annual budget and be responsible for its administration after adoption by the Council. (Amendedzooz) i) To recommend a comprehensive salary plan for all City employees and to recommend changes in line with current conditions. j) To organize for and supervise the purchase of all supplies for all departments or divisions of the City. No expenditure shall be submitted or recommended to the City Council except on report and approval of the City Manager. k) To make investigations into the affairs of the City and any department or division thereof, and any contract, and the proper performance of any obligation of or to the City. 1) To investigate all complaints in relation to matters concerning the administration of the government of the City and in regard to the services maintained by public utilities in the City. m) To exercise general supervision over all public buildings, public parks, and all other public property which is under the control and jurisdiction of the City Council. n) To devote his /her entire time to the duties and interests of the City, except as may be specifically authorized by the City Council. o) To represent the City in discussions of administrative and policy questions between the City and other levels of government, i.e., county, state, federal and other cities, when and if requested by the Council to do so. -15- Seal Beach Official Charter p) To cooperate with leadership of civic movements designed to benefit the residents of the City when so directed by the City Council. q) To attend any and all meetings of any commissions or committees heretofore or hereafter created by the City Council, upon his own volition or upon the direction of the City Council. r) To act as personnel officer for the City and to develop a comprehensive personnel program. s) To perform such other duties and exercise such other powers as may be delegated to him /her from time to time by resolution, ordinance or other action of the City Council. SECTION 605. Financial Duties of the City Manager. The City Manager shall perform the following duties: a) Maintenance of financial records. Maintain all records readily reflecting the financial condition of the City and all of its departments. b) Report for fiscal year. At the end of each fiscal year, prepare and present to the City Council a summary statement of receipts and disbursements by departments and funds, including opening and closing fund balances in the City Treasury. c) Publication of financial statement. Cause the financial statement of the City to be published in accordance with the provisions of Section 40804 and 40805 of the Government Code. d) Compilation of financial information for budget. Compile all financial information necessary for the preparation of the City's budget and make such information available to the officer whose responsibility it is to prepare the budget. e) Monthly financial report. Prepare a monthly statement of all receipts and disbursements in sufficient detail to show the financial condition of the City and each of its departments. f) Licenses. Supervise and be in charge of all license issuance and inspection. g) Payroll records. Supervise and be in charge of all payroll records. MI-V' Seal Beach Official Charter h) Insurance policies. Maintain a record of all insurance policies and their expiration dates. i) Collection of taxes, assessments, etc. See that all taxes, assessments and other fees and revenues of the City, or for whose collection the City is responsible, and all other money receivable by the City from the county, state or federal government, or from any court, office, department or agency of the City are collected, and perform such other duties that are from time to time assigned to him /her by the City Council. (Amended bystatutes 1973) SECTION 606. Meetings. The City Manager shall be accorded a seat at the City Council table and at all meetings of boards and commissions and shall be entitled to participate in their deliberations, but shall not have a vote. SECTION 607. Removal. The City Manager shall not be removed from office during or within a period of ninety (90) days next succeeding any municipal election at which a member of the City Council is elected. At any other time the City Manager may be removed only at a regular meeting of the City Council and upon the affirmative votes of a majority of the entire membership of the City Council. SECTION 608. Notification of Resignation. The City Manager shall notify the City Council at least thirty (30) days in advance of his /her intended resignation. Failure to do so shall be grounds for withholding payment due for services. This provision may, however, be waived by majority vote of the City Council. SECTION 609. Manager Pro Tempore. The City Manager shall appoint, subject to the approval of the City Council, one of the other officers or department heads of the City to serve as Manager Pro Tempore during any temporary absence or disability of the City Manager. If the Manager fails to make such appointment, the City Council may appoint an officer or department head to serve as such Manager Pro Tempore. -17- Seal Beach Official Charter ARTICLE VII OFFICERS SECTION 700. Officers. The officers of the City shall be the following: a) The five (5) members of the City Council, who shall be elected. b) A City Clerk. (Amended 2014) c) A City Treasurer, who shall be the Finance Director. d) A City Manager, who shall be appointed by the City Council. e) A City Attorney, who shall be appointed by the City Council. f) The incumbents of such other offices as the City Council may by ordinance, or resolution, establish. (Amended 1978) SECTION 701. Administrative Departments. The City Council may provide, by ordinance not inconsistent with this Charter, for the organization, conduct and operation of the several offices and departments of the City as established by this Charter, and for the creation of additional departments, divisions, offices and agencies and for their consolidation, alteration or abolition. Each new department created by the City Council shall be headed by an officer as department head that shall be appointed and may be suspended or removed by the City Manager. The City Council, by ordinance or resolution, may assign additional functions or duties, to offices, departments or agencies not inconsistent with this Charter. Where the positions are not incompatible, the City Council may combine in one person the powers and duties of two (2) or more offices created or authorized by this Charter. No office provided in this Charter to be filled by appointment by the City Manager may be consolidated with any office to be filled by appointment by the City Council. The City Council shall provide for the number, titles, qualifications, powers, duties, and compensation of all officers and employees. SECTION 702. City Clerk. Powers and Duties. The City Clerk shall have the power and be required to: a) Attend all meetings of the City Council and be responsible for the recording and maintaining of a full and true report of all the proceedings of the City Council in books, which shall bear appropriate titles and be devoted to such purposes. Seal Beach Official Charter b) Maintain separate books in which shall be recorded respectively all ordinances and resolutions, with a certificate of the clerk annexed to each thereof stating the same to be the original or a corrected copy, and as to any ordinance requiring publication, stating that the same has been published or posted in accordance with this charter; to keep all books properly indexed and open to public inspection when not in actual use. c) Maintain separate books in which a record shall be made of all written contracts and fidelity and performance bonds. d) Be the custodian of the Seal of the City. e) Administer oaths or affirmations, take affidavits, and depositions pertaining to the affairs and business of the City, and certify copies of official records. f) Be ex- officio assessor, unless the City Council has availed itself or does in the future avail itself of the provisions of the general laws of the State relative to any assessment of property and the collection of City taxes, of any, by county officers, or the City Council by ordinance provides otherwise. g) Be responsible for the conduct of all City elections. h) Deputize other persons to assist in carrying out the duties of the City Clerk. SECTION 703. Treasurer and Finance Director. As treasurer, the Finance Director shall be required to: a) Collect any license fees or other revenues of the City, or for whose collection the City is responsible and receives all taxes or other money receivable by the City from the County, State or Federal Government, or from any Court or from any office, department or agency of the City. b) Have custody of all public funds belonging to or under control of the City or any office, department or agency of the City government and deposit all funds coming into his /her hands in such depository as may be designated by resolution of the City Council or if no such resolution be adopted, then in such depository designated in writing by the City Manager, and in compliance with all of the provisions of the State Constitution and laws of the State governing the handling, depositing and securing of public funds. -19- Seal Beach Official Charter c) Disburse moneys on demands audited in the manner provided for in the Charter. d) Prepare and submit to the City Council monthly written reports of all receipts, disbursements and fund balances, copies of which reports shall be filed with the City Manager. (Amended 1979) SECTION 704. _City Attorney. Powers and Duties. To become eligible for City Attorney or Assistant City Attorney the person appointed shall be an Attorney at Law duly licensed as such under the laws of the State of California and shall have engaged in the practice of law for at least three (3) years prior to appointment. The City Attorney shall have the power and be required to: a) Represent and advise the City Council and all City Officers in matters of law pertaining to their office. b) Represent and appear for the City in any or all actions and proceedings in which the City is concerned or is a party, except the prosecution of criminal actions, and represent and appear for any City Officer or employee, or former City Officer or employee, in any or all actions and proceedings in which any such officer or employee is concerned or is a party, for any act arising out of the officer's employment or by reason of his /her official capacity. c) Attend all regular meetings of the City Council and give advice and opinions in writing whenever requested to do so by the City Council or by any of the boards or officers of the City. d) Approve the form of all contracts made by and all bonds given to the City, endorsing approval thereon in writing. e) Prepare any and all proposed ordinances or resolutions for the City and amendments thereto. f) Approve, as to legality, all investments of City funds. The City Council shall have control of all legal business and proceedings and may employ other attorneys to take charge of a litigation or matter or to assist the City Attorney therein. SECTION 705. City Attorney. Deputies and Employees. The City Attorney shall, subject to the approval of the City Council, appoint such deputies, to assist the City Attorney at such salaries or compensation as the Council may, by ordinance, prescribe. -20- Seal Beach Official Charter SECTION 706. Administering Oaths. Each department head and deputy shall have the power to administer oaths and affirmations in connection with any official business pertaining to his /her department. SECTION 707. Department Heads. Appointment Powers. Each department head and appointive officer shall have the power to appoint, suspend and remove such deputies, assistants, subordinates and employees as are provided for by the City Council for his department or office, subject to the provisions of this Charter and of any personnel, merit or Civil Service System adopted hereunder. Any such appointment or removal by a department head appointed by the City Manager shall be subject to the approval of the City Manager. SECTION 708. Illegal Contracts. Financial Interest. In accordance with the provisions of Section 1090 et seq. of the State of California Government Code as such provisions now exist or may hereafter be amended, no City officer or employee shall be financially interested in any contract made by them in their official capacity. Sections 1090 et seq., in their entirety, are hereby incorporated by reference into this Section. One true and correct copy of the current Sections 1090 et seq. shall be deposited in the office of the City Clerk and shall be at all times maintained by said Clerk for use and examination by the public. (Amended 2002) SECTION 709. Acceptance of Other Office. Any elective officer of the City who shall accept or retain any other elective public office shall be deemed thereby to have vacated his /her office under the City government. SECTION 710. Nepotism. The City Council shall not appoint to a salaried position under the City government any person who is a relative by blood or marriage within the second degree of any one or more of the members of such City Council, nor shall any department head or other officer having appointive power appoint any relative of his within such degree to any such position. This Section, however, shall not apply to the probationary or permanent appointment of any person to a position included in the Civil Service System. SECTION 711. Official Bonds. The City Council shall fix by ordinance or resolution the amounts and terms of the official bonds of all officials or employees who are required by this Charter or by ordinance to give such bonds. All bonds shall be executed by responsible corporate surety, shall be approved as to form by the City Attorney, and shall be filed with the City Clerk. Premiums on official bonds shall be paid by the City. There shall be no personal liability upon, or any right to recover against, a superior officer, or his /her bond, for any wrongful act or omission of a subordinate, unless such superior officer was a party to, or conspired in, such wrongful act or omission. _21 _ Seal Beach Official Charter ARTICLE VIII APPOINTIVE BOARDS AND COMMISSIONS SECTION 800. In General. The City Council may create by ordinance such boards or commissions as in its judgment are required and may grant to them such powers and duties as are consistent with the provisions of this Charter. SECTION 801. Appropriations. The City Council shall include in its annual budget such appropriations of funds as in its opinion shall be sufficient for the efficient and proper functioning of such boards and commissions. SECTION 802. Appointments. Terms. The number of members to comprise such boards and commissions shall be specified by ordinance if not specified by this Charter. The members of each such board shall be commissioned and appointed by motion of the City Council adopted by at least three affirmative votes. Each member of the City Council shall nominate one qualified elector from said member's district to serve on each such board or commission. All such nominations shall be confirmed by at least three affirmative votes of the City Council. Such nominees shall hold no paid office or employment in the City government and shall serve for terms to be fixed by ordinance, and until their respective successors are appointed and qualified, subject to removal by motion of the City Council adopted by at least three affirmative votes. The members first appointed to such boards and commissions shall so classify themselves by lot that each succeeding July 1st the term of one of their number shall expire. If the total number of members of a board or commission exceeds four, the classification by lot shall provide for the grouping of terms to such an extent as is necessary in order that the term of at least one member shall expire on each succeeding July 1st. (Amended 1974) SECTION 803. Existing Boards. The members of the boards and commissions holding office when this Charter takes effect shall continue to hold office thereafter until their respective terms of office shall expire and until their successors shall be appointed and qualified. The successors of such members shall be appointed for terms as prescribed in the preceding section. (Amended by Statutes 1969) SECTION 804. Meetings. Chairpersons. As soon as practicable, following the first (1st) day of July of every year, each of such boards and commissions shall organize by electing one of its members to serve as presiding officer at the pleasure of such board or commission. Each board or commission shall hold regular meetings as required by ordinance of the City Council, and such special meetings as such board or commission may require. All meetings shall be held -22- Seal Beach Official Charter in accordance with the Brown Act (California Government Code Section 54950 et seq.) as such statute now exists or may hereafter be amended. Except as may be otherwise provided in this Charter, the City Manager shall designate a secretary for the recording of minutes for each of such boards and commissions, who shall keep a record of its proceedings and transactions. Each board or commission may prescribe its own rules and regulations which shall be consistent with this Charter and subject to the approval of the City Council, and copies of which shall be kept in the office of the City Clerk or such office as the City Council may, by ordinance prescribe where they shall be available for public inspection. Each board or commission shall have the same power as the City Council to compel the attendance of witnesses, to examine them under oath, to compel the production of evidence before it and to administer oaths and affirmations. (Amended2002) SECTION 805. Compensation. Vacancies. The members of boards and commissions shall serve without compensation for their services as such but may receive reimbursement for necessary traveling and other expenses incurred on official duty when such expenditures have received authorization by the City Council. Any vacancies in any board or commission, from whatever cause arising, shall be filled by appointment by the City Council. Upon a vacancy occurring leaving an unexpired portion of a term, any appointment to fill such vacancy shall be for the unexpired portion of such term. If a member of a board or commission is absent from three consecutive regular meetings of such board or commission, unless by permission of such board or commission expressed in its official minutes, or is convicted of a crime involving moral turpitude or ceases to be a qualified elector of the City, the office shall become vacant and shall be so declared by the City Council. -23- Seal Beach Official Charter ARTICLE IX CIVIL SERVICE SYSTEM (Res. No. 5443 -2006) SECTION 900. Civil Service System. In order to: establish an equitable and uniform procedure for dealing with personnel and employment matters; attract to municipal service the best and most competent persons available; assure that appointments and promotions of employees will be based on merit and fitness as determined by competitive test; and provide a reasonable degree of security for qualified employees, the City Council, by ordinance, may establish a Civil Service System for City employees. The Civil Service System may include provisions for: the method of selection of city employees; the classification, advancement, suspension, discharge and termination of city employees; the consolidation and elimination of positions; and other provisions as deemed reasonable and necessary to govern personnel and employment matters of the City. The City Council may further adopt personnel rules to implement the provisions of any ordinance. In the event of an appeal of disciplinary action of a civil service employee, the appeal may be heard by an impartial arbitrator designated by mutual agreement of the appellant and his /her representative and the City Manager, or as otherwise agreed upon through a memorandum of understanding negotiated during the collective bargaining process between the City and the applicable bargaining unit. The Civil Service System shall govern all employees of the City unless exempted by Section 901. SECTION 901. Exemptions. The following persons are exempt from the Civil Service System: a) City Council Members; b) Appointed persons; c) City Attorney; d) City Manager; e) City Clerk; f) Department heads; g) Temporary, seasonal, part-time and hourly employees; h) Any employee designated as exempt by City ordinance; i) Volunteers; -24- Seal Beach Official Charter j) Independent contractors. The City Council, by ordinance, resolution or personnel rules, may establish provisions governing the selection, discipline and dismissal of non -civil service employees. (Adopted by the voter in 2006, replaced and amended previous Section 904) SECTION 902. Discrimination, No person employed by, or seeking admission into employment with the City, shall be employed, promoted, demoted, or discharged or in any way favored or discriminated against because of political opinions or affiliations or because of race or religious belief, or any other basis prohibited bylaw. (Adopted by the voter in 2006, replaced and amended previous Section 917) (Sections 903, 905 through 916, and 918 through 920 were repealed by the voters in 2006 - portions of such sections have been incorporated in the Seal Beach Municipal Code and Seal Beach Personnel Rules and Regulations.) -25- Seal Beach Official Charter ARTICLE X FISCAL ADMINISTRATION SECTION 1000. Fiscal Year. The fiscal year of the City government shall begin on the first (1st) day of July of each year and end on the thirtieth (30th) day of June of the following year. SECTION 1001. Annual /Bi- Annual Budget. Preparation by the City Manager. At such date as he /she shall determine, the City Manager shall obtain from each department head estimates of revenue and expenditures for his /her department, detailed in such manner as may be prescribed by the City Manager. In preparing the proposed annual or bi- annual budget, the City Manager shall review the estimates, hold conferences thereon with the respective department heads and may revise the estimates as the manager may deem advisable. (Amended 2002) SECTION 1002. Budget. Submission to City Council. At least thirty -five (35) days prior to the beginning of each fiscal year, the City Manager shall submit to the City Council the proposed budget as prepared by him /her. After reviewing same and making such revisions as it may deem advisable, the City Council shall determine the time for the holding of a public hearing thereon and shall cause to be published a notice thereof not less than ten (10) days prior to said hearing, by at least one (1) insertion in the official newspaper. Copies of the proposed budget shall be available for inspection by the public in the office of the City Clerk at least ten (10) days prior to said hearing. SECTION 1003. Budget. Public Hearing. At the time so advertised or at any time to which such public hearing shall from time to time be adjourned, the City Council shall hold a public hearing on the proposed budget, at which interested persons desiring to be heard shall be given such opportunity. SECTION 1004. Budget. Adoption. After the conclusion of the public hearing the City Council shall make any revisions of the proposed budget that it may deem advisable and on or before June 30th, it shall adopt the budget. A copy thereof, certified by the City Clerk, shall be filed with the person retained by the City Council to perform auditing functions for the Council and a further copy shall be placed, and shall remain on file, in the office of the City Clerk where it shall be available for public inspection. The budget so certified shall be reproduced and copies made available for the use of the public and of departments, offices and agencies of the City. SECTION 1005. Budget. Appropriations. From the effective date of the budget, the several amounts stated therein as proposed expenditures shall be and become appropriated to the several departments, offices, and agencies for -26- Seal Beach Official Charter the respective objects and purposes therein named. All appropriations shall lapse at the end of the fiscal year to the extent that they shall not have been expended or lawfully encumbered. At any meeting after the adoption of the budget, the City Council may amend or supplement the budget by motion adopted by the affirmative votes of at least three (3) members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose or to appropriate available funds not included in the budget or to cancel any appropriation not expended or encumbered. SECTION 1006. Centralized Purchasing. Under the control and direction of the City Manager there shall be established a centralized purchasing system for all City departments and agencies, except as otherwise in this Charter provided. SECTION 1007. Tax Limits. Unless a majority of the city electors voting at an election held for that purpose are in favor of it, annual property tax shall not exceed one dollar ($1.00) on each one hundred dollars ($100.00) exclusive of such tax as may be necessary to pay the costs of any pension plan for City employees adopted pursuant to Article 2, Chapter 2, of Division 5, exclusive of such tax, not to exceed five cents ($0.05) on each one hundred dollars ($100.00), as may be necessary to pay the costs of civil defense or disaster preparedness, exclusive of such tax as may be necessary to pay the costs of sewerage facilities, exclusive of such tax as may be necessary to pay the costs of park and recreation facilities and exclusive of such tax in addition to the annual tax levy for other municipal purposes authorized by Sections 20532, 37465, 37558, and 43069 of the Government Code, Section 5304 of the Public Resources Code and Section 22241 of the Education Code, as they now exist or forever may be amended. SECTION 1008. Tax Procedure. The procedure for the assessment, levy and collection of taxes upon property, taxable for municipal purposes, may be prescribed by ordinance of the City Council. SECTION 1009. Bonded Debt Limit. The City shall not incur indebtedness evidence by general obligation bonds, which shall in the aggregate exceed the sum of fifteen per cent (15 %) of the total assessed valuation, for purposes of City taxation, of all the real and personal property within the City. No bonded indebtedness which shall constitute a general obligation of the City may be created unless authorized by the affirmative votes of two- thirds (2/3) of the electors voting on such proposition at any election at which the question is submitted to the electors and unless in full compliance with the provisions of the State Constitution and of this Charter. -27- Seal Beach Official Charter SECTION 1010. Contracts on Public Works. The City Council shall adopt policies and procedures governing contracting for public works which are defined to include the construction or improvement of public buildings, works, streets, drains, sewers, utilities, parks or playgrounds. The City Council may, in its sole discretion, adopt selected policies and procedures by reference to state law, but no state law shall govern public works contracting unless it is expressly adopted by the City Council or has been finally determined to be applicable to all charter law cities by an appellate court with jurisdiction over the City of Seal Beach. Except as otherwise provided in this Charter or by state law made applicable to the City of Seal Beach, the City Council shall award to the lowest responsible bidder each contract involving an expenditure of more than the bidding threshold amount (as defined in this Section) for the construction or improvement of public works or for the purchase of supplies or materials for any such project. Bids shall be solicited via notice by publication in the official newspaper by one or more insertions, the first of which shall be at least ten (10) days before the time for opening bids and such other forms of notice as the City Council may direct. Public Works are exempted from the requirements of this Section where the work will be performed by a City or County of Orange department. All bids may be accompanied by either a certified or cashier's check, or a bidder's bond executed by a corporate surety authorized to engage in such business in California, made payable to the City. Such security shall be in an amount not less than that specified in the notice inviting bids or in the specifications referred to therein, or if no amount be so specified then in an amount not less than ten percent (10 %) of the aggregate amount of the bid. If the successful bidder neglects or refuses to enter into the contract, within the time specified in the notice inviting bids or in the specifications referred to therein, the amount of his bidder's security shall be declared forfeited to the City and shall be collected and paid into its general fund, and all bonds so forfeited shall be prosecuted and the amount thereof collected and paid into such fund. The City Council may reject any and all bids presented and may re- advertise in its discretion. The City Council, without advertising for bids, or after rejecting bids, or if no bids were received, may declare and determine that in its opinion, based on estimates approved by the City Manager, the work in question may be performed better or more economically by the City with its own employees or the supplies or materials may be purchased more economically on the open market. Contracts likewise may be let without advertising for bids, if such work, supplies or materials shall be deemed by the City Council to be of urgent necessity for the preservation of life, health, or property. In either event, the Council shall adopt a resolution with findings supporting the letting of a contract without advertising for bids by at least three (3) affirmative votes of the Council, after which the City may proceed to have such work done or said supplies and materials purchased in the manner stated, without further observance of the provisions of this Section. anz Seal Beach Official Charter The bidding threshold amount shall be Twenty Thousand Dollars ($20,000) initially, and shall annually be adjusted by the City Engineer upon confirmation by the City Council. On June 1st of each year, the City Engineer shall compute the percentage difference between the current Engineering News Record Construction Cost Index — 20 City Average (ENR) and the ENR for the previous June 1st. The City Engineer shall adjust the bidding threshold amount by such percentage, rounding to the nearest dollar. The City Council shall review such adjustment at a public hearing and upon Council confirmation; the bidding threshold amount shall be the adjusted figure. Should the ENR be revised or discontinued, the City Engineer shall use the revised index or a comparable index approved by the City Council. (Amended 2002) SECTION 1010.5. Design -Build Contracts on Public Works. Notwithstanding any other provision of this Charter, the City may enter into a design -build contract for both the design and construction of a project in accordance with this Section. Prior to the execution of a design -build contract, the City Council shall evaluate at a public meeting the comparative advantages for the particular project of the traditional design, bid, and build process of construction and the design -build process. No design -build process contract shall be executed unless the City Council makes written findings that use of the design -build process on the project will accomplish one or more of the following objectives: reduction of project costs; expediting project completion; or provision of design features not achievable through the design, bid, and build process. (Amended 2002) SECTION 1011. Presentation of Demands. Any demand against the City must be in writing and may be in the form of a bill, invoice, payroll or formal demand. Each such demand shall be presented to the financial designee of the City Manager, who shall examine the same. If the amount thereof is legally due and there remains on the City books an unexhausted balance of an appropriation against which the same may be charged, he /she shall approve such demand and draw a warrant on the City Treasury, payable out of the proper fund. Objections of the financial designee of the City Manager may be overruled by the City Council and warrant ordered drawn. The financial designee of the City Manager shall transmit such demand, with his /her approval or rejection thereof, endorsed thereon, and warrant, if any, to the City Manager. If a demand is one for an item included within an approved budget appropriation, it shall require the approval of the City Manager; otherwise it shall require the approval of the City Council. Any person dissatisfied with the refusal of the City Manager to approve any demand, in whole or in part, may present the same to the City Council which, after examining the matter, may approve or disapprove the demand in whole or in part. (Amended 1973) -29- Seal Beach Official Charter SECTION 1012. Registering Warrants. Warrants on the City Treasurer, which are not paid for lack of funds, shall be registered. All registered warrants shall be paid in the order of their registration when funds therefore are available and shall bear interest from the date of registration at such rate as shall be fixed by the City Council by resolution. SECTION 1013. Independent Audit. The City Council shall employ at the beginning of each fiscal year, a certified public accountant who shall, at such time or times as may be specified by the City Council, and at such other times as he /she shall determine, examine the official books, records, inventories and reports of all officers and employees who receive, handle or disburse public funds and all such other officers, employees or departments as the City Council may direct. Within one hundred twenty (20) days after the end of the fiscal year, unless such time shall be extended by the Council, a final audit and report shall be submitted by such accountant to the City Council, one copy thereof to each member, one to the City Manager, Treasurer and City Attorney, respectively, and three (3) additional copies to be placed on file in the office of the City Clerk where they shall be available for inspection by the general public. (Amended 1974) -30- Seal Beach Official Charter ARTICLE XI FRANCHISES SECTION 1100. Franchises to Operate. No person, firm or corporation shall exercise any franchise, right or privilege mentioned in this Article in the City except insofar as he /she /it may be entitled to do so by direct authority of the Constitution of the State of California or of the United States, unless he /she /it shall have obtained a grant therefore in accordance with the provisions of this Charter and in accordance with the procedure prescribed by ordinance. Nothing contained in the Article shall be construed to invalidate any lawful franchise heretofore granted or to necessitate the obtaining of a new franchise for a use for which a franchise holder shall have a valid unexpired franchise. SECTION 1101. Authority to Grant Franchises. The Council is empowered to grant by ordinance a franchise to any person, firm or corporation, whether operating under an existing franchise or not, to furnish the City and its inhabitants with transportation, communication, terminal facilities, water, light, heat, power, refrigeration, storage, or any other public utility or service, or to use the public streets, ways, alleys and places, as the same may now or may hereafter exist, in connection therewith. SECTION 1102. Franchise Terms, Conditions and Procedures. The Council shall, by ordinance, prescribe the terms and conditions under which franchises will be granted, subject to the provisions of this Charter, and the procedure for granting franchises; provided, however that such procedural ordinance or ordinances shall make provisions for the giving of notice of franchise applications, for protests against the granting of such franchises and for public hearings on such applications. The Council, in granting franchises, shall prescribe the terms and conditions of such franchises in accordance with the applicable provisions of this Charter and any ordinance adopted pursuant thereto, and may in such franchise impose such other and additional terms and conditions not in conflict with said Charter or ordinances, whether governmental or contractual in character, as in the judgment of said Council are in the public interest or as the people, by initiative, indicate they desire to have so imposed. SECTION 1103. Method of Granting Franchise. The Council may grant a franchise without calling for bids or may, in its discretion, advertise for bids for the sale of a franchise upon a basis, not in conflict with the provisions of this Article, to be set out in the advertisement for bids and notice of sale. SECTION 1104. Term of Franchise. Every franchise shall be either a fixed term not to exceed twenty -five (25) years, or for an indeterminate period. If for a -31- Seal Beach Official Charter fixed term, the franchise shall state the terms for which it is granted; if indeterminate, it shall set forth the terms and conditions under which it may be terminated. SECTION 1105. Purchase or Condemnation by City. No franchise grant shall in any way or to any extent impair or affect the right of the City now or hereafter conferred upon it by law to acquire the property of the grantee thereof either by purchase or through the exercise of the right of eminent domain, and nothing herein contained shall be construed to contract away or to modify or to abridge either for a term or in perpetuity the City's right of eminent domain with respect to any public utility. SECTION 1106. Compensation. No new franchise or the renewal of an existing franchise shall be granted without reserving to the City just and adequate compensation. SECTION 1107. Article Not Applicable to Certain Cases. Nothing in this Article shall be construed as applying to or requiring the operators of refrigeration or storage utilities or the carriers of freight or passengers not operating over a fixed route, or other public utilities or services not specifically described in this Article, to obtain a franchise to operate within the City unless required so to do by ordinance of the City of Seal Beach. SECTION 1108. Exercising Right Without Franchise. The exercise by any person, firm or corporation of any privilege for which a franchise is required without procuring such franchise shall be a misdemeanor, and each day that such condition continues shall constitute a separate violation. # # # # ## -32- Seal Beach Official Charter ARTICLE XII BOARD OF EDUCATION SECTION 1200. State Law Governs. The manner in which, the times at which, and the terms for which the members of Boards of Education shall be elected or appointed, their qualifications, compensation and removal and the number which shall constitute any one of such boards shall be as now or hereafter prescribed by the laws of the State of California. SECTION 1201. Effect of Charter. The adoption of the Charter shall not have the effect of creating any new school district nor shall the adoption of this Charter have any effect upon the existence or boundaries of any present school districts within the City or of which the City comprises a part, but such present school districts shall continue in existence subject to the provisions of the laws of the State of California as the same now exists or hereafter may exist. # # # # ## Dr., X3.11 s a, amnrn;o' ^^.'•.N It,- 3J c .•1: ,n n { p!yii � <: 47'r•tUnl 9t•1 !G :ur!(! -33- Seal Beach Official Charter ARTICLE XIII MISCELLANEOUS SECTION 1300. Definitions. Unless the provision or the context otherwise requires, as used in this Charter: a) "Shall' is mandatory, and "may' is permissive b) "City" is the City of Seal Beach and "department', "board ", "commission", "agency ", 'officer", or "employee ", is a department, board, commission, agency, officer or employee, as the case may be, of the City of Seal Beach. c) "County" is the County of Orange. d) "State" is the State of California. SECTION 1301. Purpose of Charter. It shall be the purpose of this Charter to maintain a City government responsive to the citizens of the City of Seal Beach, to provide adequate local government with a minimum of taxation and, in addition to other municipal purposes, to promote, foster and preserve agriculture within the City. SECTION 1302. Violations. The violation of any provision of this Charter shall be deemed a misdemeanor and be punishable upon conviction by a fine of not exceeding One Thousand Dollars ($1,000) or by imprisonment for a term of not exceeding six (6) months or by both such fine and imprisonment. (Amended 2002) SECTION 1303. Validity, If any provision of this Charter, or the application thereof to any person or circumstances is held invalid, the remainder of the Charter, and the application of such provision to other persons or circumstance, shall not be affected thereby. # # # # ## Tree is to Cam/ &W ma l regoirp is a ow am tarram � ts oio� p(� 1 ' a Sgnetwo Date Office of th City Clark. Seal Beads: California -34- Seal Beach Official Charter �y WOU ti imp 7. 'tl fOe 0s. r Republished 2015 E Seattle, Washington 1 -800- 328 -4348 www.gcode.us The entire Seal Beach Municipal Code can be viewed online at me // iw n !o /CitvrJ ek /M �-coa Git cn rt Requirements Section Item B — Certified Copy of the Seal Beach Resolutions 6606, 6607, 6624 Ordinance 1649 RESOLUTION NUMBER 6606 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH VACATING A PORTION OF FIRST STREET AT THE SOUTHWEST INTERSECTION OF MARINA DRIVE AS EXCESS STREET RIGHT OF WAY WHEREAS, pursuant to California Streets and Highways Code Sections 8300 et seq., the City may vacate an excess street right -of -way if the street is no longer required for present or prospective public use; and WHEREAS, the City Council of the City of Seal Beach ( "City Council ") hereby finds and determines that a portion of First Street, as depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A, is no longer needed for street purposes and will not be needed for such uses in the future; and WHEREAS, the City Council finds and determines, based upon the existing and approved uses of and adjacent to the subject portion of First Street to be vacated as analyzed in the previous certified Final Environmental Impact Report (FEIR), that the proposed vacation will not result in a direct or reasonably foreseeable indirect physical change in the environment and is not, therefore, subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 15060 of the State CEQA Guidelines, and WHEREAS, pursuant to Section 65402 of the California Government Code, the City Council finds and determines that the location, purpose, and extent of the proposed vacation of a portion of First Street has been found by the Planning Commission of the City of Seal Beach to conform to the City's General Plan, and that said proposed street vacation conforms to the City's adopted General Plan. THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE: SECTION 1. Pursuant to the applicable provisions of the Public Streets, Highways, and Service Easements Vacation Law found in the California Streets & Highways Code (commencing with Section 8300) and any applicable provision of the Seal Beach Municipal Code, that a portion of First Street as generally depicted on the map attached as Exhibit 8 and more particularly described in Exhibit A, is hereby vacated effective upon recordation of this Resolution in the Official Records of the County of Orange, State of California (the "Official Records "). SECTION 2. The City Clerk is hereby authorized and directed to cause a certified copy of this Resolution, attested by the City Clerk under seal, to be recorded without acknowledgment, certificate of acknowledgement, or further proof in the Official Records. SECTION 3. From and after the date a certified copy of this Resolution is recorded in the Official Records, that portion of First Street generally depicted on the map attached hereto as Exhibit B and more particularly described on Exhibit A shall no longer constitute a public street and shall be vacated. The property shall be vacated and returned to the fee owner pursuant to the existing settlement agreement between the owner and the City. PASSED, APPROVED, and ADOPTED by the Seal Beach City Council at a regular meeting held on the 26'h day of October, 2015 by the following vote: AYES: Council Members: Deaton, Sloan Miller Massa -Lavitt Varioaoa NOES: Council ABSENT: Council ABSTAIN: Council u d E Resolution Number 6606 ATT T. cip Robin L. Roberts, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } r f - "i_I� - ". I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6606 on file in the office of the City Clerk, passed, approved, and adopted by the Seal Beach City Council at a regular meeting held on the 26" day of October, 2015. Robin L. Roberts, City Clerk ..o Exhibit B LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF FIRST STREET THAT PORTION OF FIRST STREET, A PUBLIC RIGHT OF WAY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK 12115, PAGE 201, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO. 2009- 01, RECORDED MARCH 10, 2009, AS INSTRUMENT NO. 2009000109534, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE NORTH 4 °04'51" WEST ALONG THE EASTERLY LINE OF SAID PARCEL 3 AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 29.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 40.00 FEET SOUTHWESTERLY OF THE TANGENT OF THE CENTERLINE CURVE OF MARINA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 2002 -1090, AS PER MAP RECORDED IN BOOK 193, PAGE. 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 43'01'03" EAST ALONG SAID PARALLEL LINE, 40.15 FEET; THENCE SOUTH 5 °21'49" EAST, 30.54 FEET TO A POINT PARALLEL WITH AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRST STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO, 2009 -01, SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE SOUTH 32 °17'25" e WEST ALONG SAID PARALLEL LINE AND SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 319.40 FEET TO A POINT BEING THE ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01 AND THE MOST SOUTHERLY CORNER OF THAT LAND DESCRIBED IN SAID ORDER OF CONDEMNATION; THENCE NORTH 25 °22'45" EAST ALONG THE SOUTHEASTERLY LINES OF PARCELS 6, 1, AND 3 OF SAID CERTIFICATE OF COMPLIANCE AND THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 332.42 FEET TO THE POINT OF BEGINNING. -THE LAND DESCRIBED HEREIN CONTAINS 7,145 SQUARE FEET, MORE OR LESS. -SEE EXHIBIT B ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. E �4 / Q / 611 N\ N04'04'51 *w \ / 29.50' vo \ ` \ j PARCEL 3 P.O.B. \ CERTIFICATE OF COMPLIANCE NO. 2009 -01 $05'21'49 "E\ \ RECORDED 3/10/09 AS 30.54' \ \ INSTRUMENT NO. 2009000109534, O.R. 0'v6 F \ /NS),*?& W4, pRpFc CC4 \ \ \ `� �y /7j�SAP" pRFpp /�✓q� co \ Np 7Po �p /C9 vp 700 iy1� 7p, O� \ p�p95 °j o ° h i eP�i L,4N V. ysf C9i 2 ;�ti �Q- � 29 QQ,V / 9 �y � °P °!o °y'�PCf \ co -' No. 5417 0 °9 y`� °Op °9 y0 S.i9 p9 OP O, / tip CAUL -/ / WRY CASE, ITS 5411 DATE Mi.P.I D)l r1c OIFICC OF. EXHIBITS SCALE Case Land Surveying, Ine. PUT FOR THE VACATION OF A PORTION OF FIRST STREET 1' =60' Sur -yin` Yapping CPS S.r4ea. 614 ENrhott 5L BEING A PORTION OF THAT LAND DESCRIBED IN FINAL ORDER or .. CA. 92888 OF CONDEMNATION RECORDED MARCH 23, 1977, IN BOOK Tel (7U) 828 -8948 12115, PAGE 201, OFFICIAL RECORDS OF ORANGE COUNTY � 11" 7 4 828 -8985 10/15/15 T WIT l� J k 1 RESOLUTION NUMBER 6607 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING FINAL TRACT MAP 17425 (DWP) WHEREAS, the final tract map filed herein is in substantial compliance with the tentative tract map and complies with all of the requirements of the California Government Code and the City's subdivision ordinance; and WHEREAS, the applicant has performed all conditions required by the tentative parcel map, or has submitted an agreement including security to ensure performances of such conditions, and WHEREAS, for the reasons set forth in the resolution approving the tentative parcel map, the site of the proposed subdivision is physically suitable for the type of development proposed and for the proposed density of development, and WHEREAS, for the reasons set forth in the resolution approving the tentative parcel map, the design of the subdivision and proposed improvements will not cause substantial environmental damage or any health problems and will not conflict with any public easements; and WHEREAS, the applicant must comply with the conditionals of the approval set forth on July 9, 2012, Seal Beach City Council Resolution Number 6275; and WHEREAS, for the reasons set forth in the resolution approving the tentative parcel map, the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the California Regional Water Quality Board; and WHEREAS, for the reasons set forth in the resolution approving the tentative parcel map, the final parcel map and the design and improvement of the proposed subdivision are consistent with the General Plan of the City. THE SEAL BEACH CITY COUNCIL HEREBY FINDS, DETERMINES AND RESOLVES: Section 1. Based on the aforementioned findings, the City Council hereby approves Final Tract Map No. 17425. Section 2. The applicant shall pay City fees and charges in accordance to the Public Works Fee Schedule pursuant to City Council Resolution 6575. Section 3. The Final Tract Map No. 17425 is subject to the approval by the City Surveyor. Section 4. Prior to Recordation of Tract Map 17425 the following conditions shall be completed: 1. GENERAL 1.1 All minimum cash deposits established for work regarding the subdivision in accordance with the fee resolution must be paid at the time of submittal of applications. The deposits shall cover the actual cost including, but not limited to, review, plan check, administration, coordination and construction administration, inspection and engineering by City, private consulting firms and /or outside contractors. Additional deposits will be collected if initial deposits are insufficient to cover actual costs. Any excess deposits over minimum amount will be returned to the subdivider. Resolution Number 6607 1.2 The subdivider shall submit plans and specifications of all public improvements including, but not limited to, public and private street rights - of -way, drainage easements, culverts, drainage structures and drainage channels, water lines, and sewer lines to the Department of Public Works and receive approval prior to release of the Final Map by the Director of Public Works for recordation. In accordance with Section 66456.2 of the Subdivision Map Act, the City has 60 working days to act on any improvement submittal. Incomplete improvement plans will not be accepted and returned to the subdivider. 1.3 The City reserves the right to require the subdivider to provide easements for public utilities as needed. 1.4 The subdivider shall provide As -Built drawings of all improvements. 1.5 A reproducible mylar copy and print of the recorded map shall be submitted to the Department of Public Works at the time of recordation. 1.6 The engineer or surveyor preparing the Tract map shall comply with Sections 7 -9 -330 and 7 -9 -337 of the Orange County Subdivision Manual, Subarticle 18 for the following item: tie the boundary map into the Horizontal Control system established by the County Surveyor. 1.7 Provide a digital- graphics file of said map to the County of Orange and the City of Seal Beach 1.8 Digital Submission Requirements for all maps and improvement plans shall follow City specifications. 1.9 If any claim, action, or proceeding (collectively "action ") is instituted by a third party or parties challenging the validity of the Subdivision, Development, or related approvals, including the EIR and this subdivision, (collectively "project approvals'), Subdivider and City shall cooperate in defending any such action. The City shall notify Subdivider of any such action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Subdivider immediately upon receipt and notice thereof. - Subdivider and City shall enter into a cost sharing agreement to pay the City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, expert witness fees, as well as all monetary awards, judgements, verdicts, court costs, and attorney's fees that may be awarded in such action (collectively "defense costs "). In no event shall the City's General fund be used for a share of the defense costs. 1.10 The subdivider shall pay any applicable Fish and Game Fees as determined by the City. The applicant must deliver to the Community Development Director a check in the proper amount made payable to the Orange County Recorder within five (5) days of the City's approval of the project. 2. STREETS 2.1 Street alignments and grades, including the change of any existing or proposed street alignment and grade, shall be as required by the City Engineer. 2.2 The exact depth of imported base material shall be based on soil tests which have been approved by the City Engineer. 2.3 All streets shall be designed to the criteria of the Department of Public Resolution Number 6607 Works and the Orange County Highway Design Manual. 2.4 If the improvement plans show a need to excavate in any public road right -of -way, the developer shall place a cash deposit or post bonds with the Department of Public Works to ensure that any damage to the existing roadway is repaired in a timely manner. 2.5 The subdivider shall construct, or agree to construct, the public improvements shown on the improvement plans as approved by the City Engineer. All proposed streets shall have a sidewalk constructed the full length on both sides of the street. 2.6 Streets shown on the Tract Map are to be given street names approved by the Director of Community Development and the subdivider shall install all street name signs as part of the subdivision street improvements. If the subdivider desires site addresses for the lots created by the subdivision, the subdivider is to furnish a true scale Final Map to the Community Development Department. Said map is to show street names for all streets. 23 The subdivider shall provide a street light design compatible with the existing sheet lights in the City. 2.8 The subdivider shall provide evidence that all utility companies or agencies have been notified of the proposed construction and that all utility companies can provide the required services. 2.9 The subdivider shall provide evidence, in a format approved by the City, of Utility Notice showing that all utility providers with recorded easements on the property have been informed of the eminent construction activities. 2.10 The subdivider shall provide evidence, in a format to be approved by the City, of Utility Notice showing that cable television providers have been informed of the eminent construction activities and noting that their facilities may be disrupted. 2.11 The subdivider shall provide an Engineering Traffic Study prepared by a registered traffic engineer to determine the safest allowable turning movements at the intersection of Alley "E" and Manna Ddve. 3. GRADING 3.1 Prior to approval of the grading plan, the subdivider shall comply with the following: 3.1,1 A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. Final Grades and elevations on the grading plan shall be in substantial compliance with the grades and elevations on the approved Tentative Map as determined by the City Engineer. 3.1 .2 A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. 12 A grading permit is required and the subdivider shall comply with all federal, state, county, and city requirements prior to the issuance of such permit. Resolution Number 6607 3.3 Additional studies, as deemed necessary by the City Engineer, shall be performed to determine native elevations and evaluate the extent of compressibility of the soils for structural design purposes. These studies shall be reviewed and approved by all appropriate departments at the City of Seal Beach. 4. DRAINAGE, FLOOD CONTROL, & STORMWATER POLLUTION 4.1 Prior to submittal of drainage improvement plans, the subdivider shall submit for approval by the City Engineer a Master Plan for Drainage for the subdivision. 4.2 The subdivider shall provide for a drainage system capable of handling and disposing of all surface water originating within the subdivision and all surface water that may flow onto the subdivision from adjacent lands. Said drainage system shall include any easements and structures required by the Department of Public Works to property handle the drainage, and shall be designed so as to prevent ponding of surface water that would create a public health hazard or nuisance. Said drainage system shall be designed in accordance with the latest edition of the Orange County Local Drainage Manual. 4.2.1 The minimum public storm drain pipe size shall be 18 -inch diameter reinforced concrete pipe (RCP). 4.3 The subdivider shall provide for the Improvement of all drainage easements by culvert or drainage channel of adequate size, whichever is required by the City Engineer. Any required drainage channel shall be lined with the suitable material as specked by the City Engineer. An access easement shall be provided to each drainage system maintenance access point not directly accessible from a public roadway. Such access easement is to be improved, fenced, and aligned to the satisfaction of the City Engineer. 4.4 All storm drains are to follow the City adopted 2008 Storm Drain Master Plan Update to accommodate the 25 -year storm protection level. 4.5 A preliminary drainage study is required, including hydrology, flood routing, and hydraulics for the Tract storm water drainage for both pre - development and post - development conditions for the 25 -year storm. Study shall include storm drain calculations and detention basin calculations showing that the storm drain sizes of the detention basins are adequate, along with showing the 100 -year storm flood elevation and overflow path. Note that the existing storm drain on Marina Drive is at capacity and cannot accommodate any additional flow. 4.8 All Storm drains on private property shall be private and shall be maintained by the homeowners. 4.7 Hydrology and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided to the satisfaction of the City Engineer, or verification shall be provided that such calculations are not needed as approved by the City Engineer. 4.8 Stormwater /NPDES requirements for City Local Implementation Plan (LIP) 4.8.1 Prior to recordation of the subdivision Final Map and if determined applicable by the City Engineer, the subdivider shall submit to the City for review and approval a Water Quality Management Plan (WQMP) that: Resolution Number 6607 4.8.1.1 Prior to grading or building permit Gose -out and /or the issuance of a certificate of use or occupancy, the subdivider shall: 4.8.1.1.1 Demonstrate that all structural best management practices (BMP's) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. 4.8.1.1.2 Demonstrate that subdivider is prepared to implement all non - structural BMP's described in the Project WQMP. 4.8.1.1.3 Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. 4.8.1.1.4 Submit for review and approval by the City an Operations and Maintenance (O &M) Plan for all structural BMP's. 4.9 During the construction phase, the subdivider shall comply with the following requirements: 4.9.1 All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be property covered, stored, and secured to prevent transport into coastal waters by wind, rain, tracking, tidal erosion, or dispersion. 4.9.2 Grading and Drainage plans shall be prepared with the following design objectives: 4.9.2.1 All surface runoff and subsurface drainage shall be directed to the nearest acceptable drainage facility, via sump pumps ff necessary, as determined by the Building Official. 4.9.2.2 Onsite surface drainage and subdrain systems shall not discharge over a bluff top or hilltop. 4.9.2.3 All roof drains shall be required to connect into a tight - line drainage pipe or concrete swales that drain to the nearest acceptable drainage facility as determined by the Building Official. 4.9.2.4 Landscaping plants shall utilize non - invasive, drought tolerant landscape materials. 4.925 Irrigation plans shall not include irrigation lines for the bluff -side of the parcel. 410 The Project WQMP continues with the property after the completion of the construction phase and the City may require that the terms, conditions, and requirements be recorded with the County Recorder's office by the property owner or any successive owner as authorized by the Water Quality Ordinance. The end of the construction phase, therefore, represents a transition from the New Development/Significant Redevelopment program to the Existing Development Program. Accompanying this is a close out of permits and issuance of certificates of use and occupancy. The City will use this juncture to assure satisfactory Resolution Number 6607 completion of all requirements in the Project WQMP. 4.11 If a property owner retains or assumes responsibility for operation and maintenance of Structural BMP's, the City shall require access for inspection through an agreement. If the City will be responsible for operating and maintaining Structural BMP's on private property, an easement shall be established to allow for entry and proper management of the BMP's. Such access easements shall be binding throughout the life of the project, or until the BMP's requiring access are acceptably replaced with a BMP or BMP's not requiring access. Funding for the long -term operation and maintenance of structural BMP's will be front - funded, or otherwise guaranteed via mechanisms such as approved assessment districts, or other funding mechanisms. 5. SEWER 5.1 An updated sewer master plan shall be prepared and submitted for Public Works review and approval. The subdivider shall design and construct the sanitary sewer system required to serve the development, including any offsite improvements necessary to accommodate an increased flow associated with the subdivision either in its entirety or by individual phasing. 5.2 All improvement plans for sewer shall be in conformance with the design standards and criteria of the Department of Public Works. 5.3 The subdivider shall establish and initiate a financing mechanism for the maintenance operations and replacement of any private or public sewer lift stations and force mains required by the project. 5.4 The subdivider shall provide evidence of approval from the Orange County Sanitation District that sewer conveyance and treatment capacity is available. 6. WATER 6.1 An updated water master plan shall be prepared and submitted for Public Works review and approval. The subdivider shall design and construct the water distribution system required to serve the development including any offsite improvements necessary to accommodate an increased flow associated with the subdivision, either in its entirety or by individual phasing. 6.2 All improvement plans for water shall be in conformance with the design standards and criteria of the Department of Public Works. 6.3 The project shall incorporate the City's adopted Best Management Practices for urban water conservation and the subdivider shall utilize them in their design of the subdivision. 7. FINAL MAP RECORDATION 7.1 The Final Map shall show the dedication of all onsite drainage easements, including easements for access thereto, and show monumentation for such easements as required by the City Engineer, or verify that no easements are required. Resolution Number 6607 7.2 The subdivider shall accomplish the following, prior to recordation of the Final Map: 7.2.1 Prior to recordation of the Final Tract Map, the subdivider shall submit to the City, for review and comment, a schedule of development plan. 7.2.2 Prior to recordation of the Final Tract Map, the subdivider shall enter into a subdivision agreement with the City and shall post security and insurance with the City to guarantee construction of all public and private improvements required for the subdivision/development. 7.2.3 Provide the Department of Public Works with a certification from each public utility and each public entity owning easements within the proposed subdivision stating that: (a) they have received, from the developer, a copy of the proposed map; (b) they object or do not object to the filing of the map without their signature; (c) in case of a street dedication affected by their existing easement, they will sign a'subordination certificate' or "joint -use certificate" on the map when required by the governing body. In addition, the subdivider shall furnish proof, to the satisfaction of the City Engineer, that no new encumbrances have been created that would subordinate the City's interest over areas to be dedicated for public road purposes since submittal of the Tentative Map. 7.2.4 Provide the Department of Public Works with evidence that any offer of dedication or grant of right -of -way shall be free of all encumbrances or subordinated at the time of recordation of the Final Map. 7.2.5 The applicant shall obtain at its sole expenses sufficient title or interest in land, such as off -site rights -of -way or easements, as is necessary to implement any portion of the map, including public improvements, prior to the City's consideration of any final map that encompasses the particular improvement. In the event the applicant fails to obtain sufficient title or interest, the applicant must notify the City at least 120 days prior to submittal of the final map that the City's assistance is needed to complete the acquisition pursuant to Government Code Section 66462.5. The application shall enter into an agreement to complete the improvements pursuant to Government Code Section 66462.5. Such agreement shall at a minimum require as a condition precedent to the City's performance, the applicant's deposit of an amount equal to 100% of the estimated acquisition costs, including but not limited to appraisal, right -of -way agent, and legal fees and costs incurred to secure the property necessary for the improvements. The appraiser must be approved by the City prior to commencement of the appraisal. 7.2.6 Pay off all existing deficit accounts associated with processing this application, to the satisfaction of the Director of Finance Services, prior to recordation of the Final Map, 73 Any structure that crosses any property line on the tentative map shall be demolished prior to final map recordation. The subdivider shall obtain all required building/demolition permits prior to any such demolition and comply with any and all conditions of such permits. 7.4 Prior to recordation of the final tract map, a boundary line adjustment, land exchange agreement or other instrument shall be approved by the State Lands Commission that resolves any public trust restrictions on the property. Resolution Number 6607 7.5 Prior to recordation of the final tract map, plans shall be submitted to the Community Development Department demonstrating to the satisfaction of the Community Development Director the landscapetlencing treatment interface between "A" Street and the commercial site to the west of the tract. 7.6 As to each residential lot, construction of a residential structure must be completed thereon no later than 2 years after the first conveyance of that lot following recordation of the final map. This requirement shall be included in the subdivision agreement required by Condition 7.2.2. Section 5. Based on the foregoing, the City Council hereby approves Final Tract Map No. 17425. PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 9th day of November 2015 by the following vote: AYES: Council Members Deaton, Sloan, Miller, Massa -Lavitt Vanpaoa NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members ATTEST: Robin Roberts, CitqD Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6607 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 9th day of November , 2015. City Clerk C H RpJE B{9HIK . Y L IH11IX U SMT OLI(9P =5 OMFR IP CERTIFICATE' u[ M uaW Va, qw µ3 vY31p x+wlf wi vdT vllE wIV(51 x K Lvb fadm er KS ro pmra In mMWaw.wl Yp aiVO.rm'asxo..>..s 91Pex 4MxM omP'xniF mm u[ MYNf9 2�Y VMA[ W M xEIC (P 9RQ1 PADS u10( PK tllw flµf NL ffEw FS+(F 4 49J IEi}6i ¢141[ m M MC.OI Mll. 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W,4j NOT A PART 8� L aurcxO Loe uAgros ,, 9 LOl A -'( NPP Hp. 11 3 S a a • �I b� T / / d - 'Type r�O RENAINOLR PARCEL a RECORD DATA REFEREU_CES- n accmwnnw e. u mw M1x tP: Ley ima m vu q u-wt vYe.:NR:P a ame.w.xn wQ a R[(qq W ra w.e a< n aa•P.W -.WON �.w:m'a »nb -,•.a � � Wm[s man mma, uw r6 N 5 rtAU wRlb LI Q�rp eS 9l2}b I1 Qsm an lWngr>d.0 •nIR -Y n4JUfWV:Y •vNly( �.9¢[ ] M mmur apryR +.a f `,ORAL NiS. � 91FtR VZJt � p ` / R $ I I i 1I 1 I .yam n •� I \ ORUL N.TS- 9 u / as �'.. M I 100 0' 50 i W TV dAMt SC4E: I - IGO' I I I ul a mo mumz acr a nm TRACT No. 17425 n YYm6lms ..n rims W THE CITY OF SEAL BEWt GOONEY OF ORAWE 48106° STATE OF CALFOINIA pnc 0 saxr: a-6u )Ps m VIA9bf F]6rEIDll4 iPVV ugAlw, l5 Sv1 OCIIffR ]fi5 SF MEET t M W19YFZ iUiRAI. W. B M T RS�WMW m m w' cP.psPC� g ct EF m x.+a m cerc wpm ml, P x uan I xp mr. cro-n YxcM xma'n+ raa x.nYVV me�r rzn' P]IpHZr i.uea znv' V 1nY91 t0 mfYftY N TfK 9) W' ])JI P]TY µ0M i1 ll R)0LY Ills NSi¢Y i.b' Zlfµ' iY4M bU' )(if 3).W 6> tr xxiw OY mN U} Yit1'YT 9.1Y fr 'n!K KK6W ]9 U' nE�Y iWnO) m 'AM U bPU'.SY r69' Yittl'SiT 50! G` IITn' iupM 19,efi ) WTpY IMLOY x}irSfTE 2M i]RY y))ay n.S p prey' pA )ET VZTRei x.]PV� rift' r U xrlN9Y PYK T.M rIN [A 0 riNpT fop r�4it pC}]T I¢OM [n pnb' efxN JfY [o M4 1p1fY Y4Y m w' cP.psPC� g ct EF I E RESOLUTION NO. 6624 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING THE FIRST AMENDMENT TO THAT CERTAIN DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BAY CITY PARTNERS, LLC REGARDING DEVELOPMENT OF THE DWP SPECIFIC PLAN AREA The Seal Beach City Council hereby resolves as follows: SECTION 1. The City Council hereby approves the First Amendment to that certain Disposition and Development Agreement ( "DDA ") between the City of Seal Beach ( "City') and Bay City Partners, L.L.C., dated July 9, 2012, regarding development of the DWP Specific Plan Area ( "Project"). SECTION 2. Pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) ( "CEQA ") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), the City prepared an Environmental Impact Report ( "EIR ") to analyze and disclose the potential environmental impacts of the Project. The City Council certified the EIR through adoption of Resolution No. 6273 on June 24, 2012. This First Amendment is within the scope of the EIR and its environmental analysis of the Project because, intera/ia, the EIR evaluated a greater number of lots (48) than those created by the Final Map (31 lots) that was approved in November 2015. The First Amendment amends the Project described in the DDA to reflect the approved Final Map subdividing the property into 31 lots. SECTION 3. The City Council hereby authorizes and directs the Mayor to execute the First Amendment to the DDA on behalf of the City. SECTION 4. The City Council hereby directs the City Clerk to add the approved CDP to the agreement as Exhibit C. SECTION 4. The City Clerk shall certify to the passage and adoption of this Resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 22nd day of February, 2016 by the following vote: AYES: Council Members Massa - Lavitt, Varipapa, Deaton, Sloan, Miller NOES: Council Members None ABSENT: Council Members None toww °ni " °" �' a, gc,vy „a! W1 .vm dnr„ o+. 4,11 ;rtem.a:L 1.11;VOG ,",110 r7J.+ ARQrAW. r..... N AA,....i._ -_ A1___ l've;z :,tic! rl x � STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6624 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 22nd day of February, 2016. i ,�l'�j 1Ca'••�A.� r I 1 Ordinance Number 1649 ORDINANCE NUMBER 1649 ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING SPECIFIC PLAN AMENDMENT 15 -1 TO AMEND THE PERMITTED LAND USE CATEGORIES WITHIN THE DEPARTMENT OF WATER AND POWER SPECIFIC PLAN TO INCLUDE VISITOR SERVING USES FOR CERTAIN PORTIONS OF THE SPECIFIC PLAN AREA, AS REQUIRED AS A CONDITION OF APPROVAL BY THE CALIFORNIA COASTAL COMMISSION THE SEAL BEACH CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. In 2010, Bay City Partners LLC ( "Applicant ") submitted an application to amend the Department of Water and Power Specific Plan ( "Specific Plan "), which designates the permitted land use categories for the property commonly known as the DWP site ( "site ") (Specific Plan Amendment 11 -1). The application sought to amend the permitted land use categories allowed therein to include residential uses on the northerly 4.5 acres of the site. The then - existing Specific Plan designation of open space for the southerly portion of the site was proposed to remain unchanged for 6.4 acres of the site. Section 2. Pursuant to the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA") and the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., the City engaged the services of an independent consultant to draft an Environmental impact Report ( "EIR ") for the project. After conducting a duly noticed public hearing on June 25, 2012, the City Council adopted Resolution No. 6273, certifying a Final Environmental Impact Report ( "FEIR ") for the project and making findings in connection therewith. Section 3. On July 9, 2012, the City Council adopted Ordinance 1620, approving Specific Plan Amendment 11 -1 to amend the Specific Plan to authorize residential use therein. Section 4. In November 2013, March 2015 and September 2015, the California Coastal Commission ( "Commission ") held duly noticed public hearings to consider the project. On September 9, 2015, the Commission approved a coastal development permit ("CDP' for the project, subject to conditions, including requiring the designation of a 0.4 acre visitor serving parcel within the residentially designated portion of the Specific Plan area. The Commission also required incorporation of the DWP Open Space Master Plan into the Department of Water and Power Specific Plan so that the Land Use Development Plan reflects visitor serving commercial uses within the designated Open Space area. Section 5. To comply with the conditions imposed by the Commission, Applicant submitted a revised application to amend the Speck Plan: (a) to include visitor serving uses as a permitted land use category within 0.4 acres of the northerly 4.5 acres of the site, and (b) to incorporate the DWP Open Space Master Plan into the Land Use Development Plan of the Specific Plan to permit visitor serving commercial uses. The proposed amendments to the Specific Plan allowing visitor serving uses, including lower -cost overnight accommodations, for 0.4 acres, the incorporation of the DWP Open Space Master Plan, and the revisions to the open space area referenced in Section 6 below are within the scope of the certified FEIR, because the revisions to the open space area do not change the density or intensity of development on the site and the limited lower -cost overnight accommodations that may be in use on a small portion of the site are expected to be significantly less intense than the additional residential uses originally analyzed in the certified FEIR. Section 6. On September 23, 2015, the City's Recreation and Parks Commission reviewed the DWP Open Space Master Plan and forwarded recommendations for the City Council's consideration. The applicant revised the DWP Open Space Master Plan to reflect the Recreation and Parks Commission recommendations. Ordinance Number 1649 Section 7. ' Following a duly- noticed public hearing, the City Council hereby finds that Specific Plan Amendment 15-1 is consistent with the City's General Plan, as the Goals, Objectives and Policies for this area state that a comprehensive plan should be provided for this area by providing for a mix of visitor - serving open space and residential use. Section 8. The Specific Plan and Tract Map 17425 are consistent, as both have been revised to reflect the California Coastal Commission's requirement for a visitor serving parcel and the City Council DWP Subcommittee approval for the subdivision of thirty residential lots. Section 9. Based on the foregoing, the City Council hereby adopts Specific Plan Amendment 15 -1 to amend the Specific Plan, The Specific Plan, as amended by Specific Plan Amendment 15-1, is attached as Attachment A, City of Los Angeles Department of Water and Power Specific Plan. Section 10, Attachment A is hereby incorporated by this reference as though set forth in full. The City Clerk is hereby authorized and directed to take all steps necessary to implement these amendments. Section 11. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Seal Beach at a regular meeting held on the 9'h day of November, 2015. i STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I Ordinance Number 1649 1, Robin Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting held on the ML' day of October, 2015 by the following vote: AYES: Council Members: Deaton, Sloan, Miller, Massa - Lavitt, Varipapa NOES: Council Members: None 1 ABSENT Council Members: None LJ n ABSTAIN: Council Members: None and was passed, approved, and adopted by the City Council at a regular meeting held on the 91" day of November, 2015 by the following vote: AYES: Council Members: Deaton, Sloan, Massa - Lavitt, Varipapa NOES: Council Members: Miller ABSENT: Council Members: None ABSTAIN: Council Members: None i And do hereby further certify that Ordinance Number 1649 has been published pursuant to the Seal ea h City Charter and Resolution Number 2836. City Clerk k'11 3 Attachment A CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER 1 SPECIFIC PLAN (As Amended November 9, 2015) City of Seal Beach Community Development Department 211 Eighth Street Seal Beach, California 90740 (562) 431 -2527 2 SECTION A: INTRODUCTION 1. AUTNORITYAND SCOPE Califomia Government Code Section 65450 et. Seq. and Seal Beach Municipal Code Chapter 11.5.15.005 authorize the City of Seal Beach ( "City) to adopt and amend the DWP Specific Plan. A Specific Plan may include all detailed regulations, conditions, programs, and proposed legislation which may be necessary or convenient for the systematic implementation of each element of the General Plan. In addition, Division 20 of the California Public Resources Code (California Coastal Act of 1976) requires the submission of zoning ordinances, zoning district maps or other implementing actions to the Coastal Commission following local government adoption. 2. PURPOSE AND INTENT The DWP Specific Plan provides for the classification and development of property described in Exhibit A (the "Specific Plan area ") as a coordinated comprehensive project to realize the benefits of integrated community planning. The concepts, regulations and conditions established by the DWP Specific Plan, as amended, implement the City's General Plan by providing for the development of detached, single family dwellings and public open space. The DWP Specific Plan, as amended, establishes the type, location, intensity, and character of future development, while providing for creative and imaginative community design concepts. Zoning regulations, development standards and other regulations have been incorporated into the DWP Specific Plan in return for increased development sensitivity and community amenities to serve the present and future Seal Beach residents and visitors. 3. LOCATION The DWP Specific Plan governs that property generally between the San Gabriel River Channel to the west, First Street to the east, Marina Drive to the north and the public beach on the south, described with more particularity in the legal description attached hereto as Exhibit A and incorporated by this reference. Attached hereto as Exhibit B and incorporated by this reference is the Land Use Development Plan. 4. NOTES AND CONDITIONS A. Unless otherwise specified, all development within the DWP Specific Plan shall comply with the City of Seal Beach Municipal Code ( "Municipal Code "). Terms used herein shall have the same meaning as defined in the Municipal Code unless otherwise defined herein. B. Any details or issues not specifically covered by this Specific Plan shall be subject to the regulations of the Municipal Code. C. The approval of development within the Specific Plan area shall be governed by Municipal Code Chapter 11.5.15.005 and applicable portions of Section 65450 et seq. of the California Government Code. D. All construction within the boundaries of the Specific Plan shall comply with all provisions of the California Building Code and the various mechanical, electrical, plumbing, fire and security codes adopted by the City of Seal Beach as established by the Municipal Code. E. Modifications to the Specific Plan that do not give rise to a conflict with the intent of the Specific Plan as approved may approved by the City Manager. F. Environment assessment for any development shall be completed prior to final action on the project. G. Any land use designation not specifically included in the DWP Specific Plan shall not be permitted. 11DWP E 1 I H. If any regulation, condition, program or portion thereof of the Specific Plan is for any reason held invalid or unconstitutional by any court off competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and the invalidity of such provision shall not affect the validity of the remaining provisions hereof. I. A seven member Advisory Committee shall provide citizen input and review of all matters relating to this Specific Plan, 2 1 D W P SECTION 8: LAND USE DEVELOPMENT PLAN GENERAL DEVELOPMENT STANDARDS 1. LOCATION The general location of all principal land uses is shown in Exhibit B, Land Use Development Plan. All construction within the Specific Plan area shall conform to Exhibit B and the Development Standards. The general Development Standards provide continuity for the Specific Plan area by providing generalized standards for residential uses. 2. LAND USE CATEGORIES The only land uses permitted within the Specific Plan area are Residential Use, Visitor Serving Uses including overnight accommodations as approved by the Coastal Commission on September 9, 2015, and Visitor Serving Open -Space Park Use as shown on Exhibit B. 3. RESIDENTIAL USES A. Location As shown on the Land Use Development Plan (Exhibit B), no residential parcels shall be permitted south of an imaginary western prolongation of the northerly Central Way right -of -way line. The legal description of the area that includes the residential development is attached hereto as Exhibit C. B. Permitted Use Not to exceed 30 single -unit detached residential units. Home Occupations and Accessory Uses, as permitted in the Municipal Code in the Residential High Density -20 District, 4. VISITOR SERVING PARCEL A. Location B. Permitted Use 4. VISITOR SERVING OPEN SPACE PARK A. Location As shown on the Land Use Development Plan (Exhibit B), the contiguous area south of an imaginary westerly prolongation of the northerly right -of -way line of Central Way shall be open space. The legal description of the area designated "Open Space," attached hereto as Exhibit D, includes this contiguous area. B. Permitted Uses 31DWP Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces as described in the DWP Open Space Master Plan (Exhibit F). Visitor serving commercial uses shall be provided on a seasonal and year -round basis. The park hours are from 5:00 a.m. to 10:00 p.m., daily. 5. CIRCULATION The street system shall be located as generally shown on the Land Use Development Plan, Exhibit B. Final alignments shall be reviewed by the City Engineer in accordance with Seal Beach Municipal Code Title 10. All streets shall conform to the standards approved by the City Engineer. 6. BUILDING HEIGHT A. Residential The maximum building height shall not exceed 25 feet. The building shall not exceed two stories. B. Open Space To ensure the passive nature of the open space area, only light standards and park benches shall be allowed, and the height of said light standards shall not exceed 15 feel. 7. PARKING As required by the Municipal Code. S. DEVELOPMENT STANDARDS The maximum number of single - family dwelling units permitted in the Specific Plan area shall be thirty (30). Residential uses must generally conform to the development standards applicable to Residential High Density (RHD -20) development in Old Town Seal Beach. As noted below, the residences in Old Town do not share a uniform design standard. Development in Old Town is instead guided by lot dimensions, location, physical limitations and orientation. To ensure the appropriate application of the RHD - 20 development standards in the Specific Plan area so that development of residential uses there is both compatible with existing residential uses in Old Town and promotes diversity, the Community Development Director may issue official written Code interpretations to disclose the manner in which the RHD -20 development standards will be applied in the Specific Plan area in future cases. Any interpretations may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. Such interpretations shall be maintained on file with the City. 9. ARCHITECTURE AND DESIGN Development of residential uses in the Specific Plan area should be architecturally similar to existing residential development in Old Town Seal Beach. Old Town does not have a uniform design standard. Architectural design is instead guided by lot dimensions and the development standards for the RHD -20 District. This has resulted in a characteristically eclectic mix of interesting architectural styles. Because residential development in the Specific Plan area will take place on similarly shaped lots and under the same RHD -20 development standards, it will be architecturally compatible with Old Town. Additional architectural standards may also be implemented through private Covenants, Conditions, and Restrictions (CC &R's). 10. UTILITIES All utilities shall be underground. 41 D W P 11. REQUIRED SUBMITTALS Applications for development shall be made in accordance with the procedural requirements of the Seal Beach Municipal Code. u n u 5 InwP IEXHIBIT A LEGAL DESCRIPTION OF THE DWP SPECIFIC PLAN AREA F 61 ON EXHIBIT A SPECIFIC PLAN AREA THAT PORTION OF OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF CERTIFICATE OF COMPLIANCE NO. 2009 -01, RECORDED MARCH 10, 2009 AS INSTRUMENT. NO. 2009000109534 OF OFFICIAL RECORDS, A PORTION OF THE TIDELAND LOCATION NO. 137 AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS INSTRUMENT. NO. 20070000052124 OF OFFICIAL RECORDS, AND SHOWN ON RECORD OF SURVEY NO. 2002 -1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, AND A PORTION OF FIRST STREET AND MARINA DRIVE, AS DESCRIBED IN THE JUDGEMENT AND FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, BOOK 12115, PAGE 201, ALL IN THE OFFICE OF THE ORANGE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE AND AS SHOWN ON SAID RECORD OF SURVEY NO. 2002 -1090; T "HENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3 THROUGH THE FOLLOWING COURSES: 1) SOUTH 43 °01'03" EAST 34.37 FEET TO THE BEGINNING OF A CURVE CONCAVED NORTHEASTERLY, HAVING A RADIUS OF 940.00 FEET, 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 °5123" TO A POINT OF NON - TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43 °07'34" WEST AND 3) SOUTH 4 °04'51" WEST 3.39 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 43 °01'03" EAST 40.15 FEET; THENCE SOUTH 05 °21'49" EAST 30.54 FEET TO THE SOUTHEASTERLY LINE OF SAID CONDEMNATION; THENCE ALONG SAID LAST SOUTHEASTERLY LINE SOUTH 32 °17'25" WEST 319.40 FEET TO AN ANGLE POINT ON SAID CONDEMNATION, ALSO BEING AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01 AND SAID RECORD OF SURVEY; THENCE SOUTH 32 °17'25" WEST 549.03 FEET; 1 PAGE 1 OF 3 1 MAMagGmg%W%01 %Legai,M6 -002 LEGAL EN Atleev 21 DN 1 THENCE ALONG THE PERIMETER BOUNDARY LINES OF PARCELS 4, 5, AND 6 AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE THE FOLLOWING (11) TEN COURSES: 1) SOUTH 54 °44'12" EAST 60.08 FEET, 2) SOUTH 32 "17'25" WEST 273.93 FEET, 3) NORTH 57 °53'35" WEST 55.32 FEET, 4) NORTH 21 °50'35" WEST 366.64 FEET, 5) NORTH 25 °31'25" EAST 78.63 FEET, 6) NORTH 21 °26'49" EAST 80.01 FEET, 7) NORTH 28 °13'48" WEST 45.71 FEET, 8) NORTH 07 °01'12" EAST 69.96 FEET, 9) NORTH 13 °01'12" EAST 547.80 FEET AND 10) SOUTH 63 °58'48" EAST 99.64 FEET; THENCE LEAVING SAID PERIMETER BOUNDARY LINES NORTH 19 °00'21" EAST 2.61 FEET FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 70 "42'12" WEST; THENCE NORTHWESTERLY 72.53 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 °04'40': THENCE SOUTH 65 °52'02" EAST 99.74 FEET THENCE NORTHERLY 72.53 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 °04'40" THENCE SOUTH 65 °52'02" EAST 99.74 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1900.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68 °54'46" WEST; THENCE NORTHEASTERLY 7.08 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 °12'48" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 326.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68° 41' 57" WEST; 1 PAGE 2 OF 3 M1MappNW48\011Leg.Ms 8 -002 LEGAL E%0.doc 810W THENCE NORTHEASTERLY 81.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °19'23" TO THE NORTHWESTERLY LINE OF PARCEL 2 AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55 °46'12" EAST 104.50 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 43 °01'03" EAST 202.38 FEET TO THE POINT OF BEGINNING. CONTAINING 473,077 SQUARE FEET, 10.860 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT -A-l" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. DATED lq - DAYOF OC,� 2015. y p LAND KURT R. TROXELL KU T R. T NOXELL L.S. 7854 7854 9r! DI Gl1fp���R PAGE 3 OF 3 MAM2PPIN10481011Le Wa W48 -002 LEGAL EK A.doc. 910 III A I LJ CURVE TABLE N0. DELTA 'ADEN$ LENGTH Cl 3'51'23• 00 940.' 63,27' C2 2tl4' 40`1 2000.00' 72.53' C3 012'48 1900.00' 208' C4 1419'21' 326.00' 6149' P� 5 EXHIBIT A -1 SPECIFIC PLAN AREA 4 AO \ A \2 4 I C3 ysq �0v2. J Li PnP Cl X01 / 10.860 AC. / \ Li / �} N.TB. \ LINE TABLE LINE TABLE N0. BEARING LENGTH N0. BEARING LENGTH LI S43TWOYE 34.37' L8 N2126'49'E 80.01' L2 SO4'04'51'E 3.39' L9 N2813'48'W 45.71' } L3 S43 01'03'E 40.15' Li0 N07'GPi2'E 69.96' 1'159 L4 S0521' • ' 49E 30.54 LII 1yE 56358'48'.8 99.69' x71"1 L5 S5444'12•E 60.08' L12 Nl9Tx1'21'E 2.61' �m 16 N57'53'35'W 55.32' L13 S65'52'02'E 99.74' D N25'31'25'E ]863' L14 N55'46'1 YE 104.50' CITY OF SEAL BEACH I'I!II= FUSCOE SITE MAP - DWP SPECIFIC PLAN AREA SHEET r c L PON. OF CERTIFICATE OF COMPLIANCE NO, 2009 -01, RECORDED MARCH OF 1 imvs.w, m.,p., sm�. im, ins. �uianro vdaoe 10, 2009, INSL NO. 2009000109534, A POO TIDE LAND ED, NO. 137, b POR. mv.eo..iveo •�,. v.v.osne.-- •..1w.oemm FIRST STREET S MARINA DRIVE PER FINAL ORDER OF CONDEMNATION REC. MARCH 23, 1977, SK 12115, PG. 201, ALL OF OFFICIAL RECORDS. M: \MAPPING \648 \01 \LEGALS \648 -002 E% A AND C.DWG (10- 19 -15) EXHIBIT B LAND USE DEVELOPMENT PLAN H [) P C I J L, I s 3a ?3s as -�70 ti m;a 3'30 a m 4 3 r m�Z 3. _n CL 'p ak. i t •. � N� i m n E $� � a fi r 'i�� ,n V, N (D Y /ui =BC t m s a s m °a AA CD - C ----------- r f yl. u�y . A cc 11 I I•� II Ln , _ � I 2 EXHIBIT C LEGAL DESCRIPTION OF RESIDENTIAL AREA 131 DP E E EXHIBIT C PROPOSED RESIDENTIAL PROJECT AREA THAT PORTION OF OF LAND SITUATED IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF CERTIFICATE OF COMPLIANCE NO. 2009 -01, RECORDED MARCH 10, 2009 AS INSTRUMENT. NO. 2009000109534 OF OFFICIAL RECORDS, A PORTION OF THE TIDELAND LOCATION NO. 137 AS DESCRIBED IN THE QUITCLAIM DEED RECORDED JANUARY 25, 2007 AS INSTRUMENT. NO. 20070000052124 OF OFFICIAL RECORDS, AND SHOWN ON RECORD OF SURVEY NO. 2002 -1090 RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, AND A PORTION OF FIRST STREET AND MARINA DRIVE, AS DESCRIBED IN THE JUDGEMENT AND FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977, BOOK 12115, PAGE 201, ALL IN THE OFFICE OF THE ORANGE COUNTY RECORDER, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERLY CORNER OF PARCEL 3 OF SAID CERTIFICATE OF COMPLIANCE AND AS SHOWN ON SAID RECORD OF SURVEY NO. 2002 -1090; THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 3 THROUGH THE FOLLOWING COURSES: 1) SOUTH 43 °01'03" EAST 34.37 FEET TO THE BEGINNING OF A CURVE CONCAVED NORTHEASTERLY, HAVING A RADIUS OF 940.00 FEET, 2) ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03 °51'23" TO A POINT OF NON - TANGENCY, A RADIAL LINE TO SAID POINT BEARS SOUTH 43 °07'34" WEST AND 3) SOUTH 4 °04'51" WEST 3.39 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 43 °01'03" EAST 40.15 FEET; THENCE SOUTH 05 °21'49' EAST 30.54 FEET TO THE SOUTHEASTERLY LINE OF SAID CONDEMNATION; THENCE SOUTH 05 °21'49" EAST 30.54 FEET TO A POINT ON THE NORTHWESTERLY LINE OF FIRST STREET AS SHOWN ON SAID RECORD OF SURVEY AND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE ALONG SAID LAST SOUTHEASTERLY LINE SOUTH 32 °17'25" WEST 319.40 FEET TO AN ANGLE POINT ON SAID CONDEMNATION, ALSO BEING AN ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01 AND SAID RECORD OF SURVEY; PAGE 1 OF 3 M:1Mapping%481011Legals1648 -002 LEGAL ER C dO x 141 DNP THENCE SOUTH 32 °17'25" WEST 60.20 FEET; THENCE NORTH 57 °44'43" WEST 321.92 FEET; THENCE NORTH 74 °58'38" WEST 88.88 FEET, THENCE NORTH 17 °33'54" EAST 179.66 FEET; THENCE NORTH 15 °01'22" EAST 74.66 FEET TO THE NORTHEASTERLY LINE OF PARCEL,6 AS DESCRIBED IN SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE SOUTHEASTERLY ALONG SAID NORTHEASTERLY LINE SOUTH 63 °58'48" EAST 6.50 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE NORTH 19 °00'21" EAST 2.61 FEET TO A POINT ON A NON - TANGENT CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2000.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 70 °42'12" WEST; THENCE NORTHERLY 72.53 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 02 °04'40 ", E THENCE SOUTH 65 °52'02" EAST 99.74 FEET TO A POINT ON A NON - TANGENT 1 CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 1900.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 6W54'46" WEST; THENCE NORTHERLY 7.08 FEET ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 00 °12'48" TO THE BEGINNING OF A COMPOUND CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 326.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 68° 41' 57" WEST; THENCE NORTHERLY 81.49 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 14 °19'23" TO THE NORTHWESTERLY LINE OF PARCEL 2 AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009 -01; THENCE ALONG SAID NORTHWESTERLY LINE NORTH 55 046'12" EAST 104.50 FEET TO THE MOST NORTHERLY CORNER OF SAID PARCEL 2: THENCE ALONG THE NORTHEASTERLY LINE OF SAID PARCEL 2 SOUTH 43 °01'03" EAST, 29.65 FEET; THENCE LEAVING SAID NORTHEASTERLY LINE SOUTH 46 °58'57" WEST 39.07 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 274.00 FEET; PAGE 2 OF 3 1 M:IMappn0 ffl011Legals1 "02 LEGAL E % C. do 151 D" u THENCE SOUTHWESTERLY 116.54 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 24 °22'13" TO A POINT OF NON- TANGENCY, A RADIAL LINE TO SAID POINT BEARS NORTH 67° 23'15" WEST; THENCE SOUTH 57 °42'35" EAST, 119.97 FEET; THENCE NORTH 32 °17'25" EAST, 125.81 FEET TO SAID NORTHEASTERLY LINE OF PARCEL 2; THENCE ALONG SAID NORTHEASTERLY LINE SOUTH 43 °01'03" EAST, 64.18 FEET TO THE POINT OF BEGINNING. CONTAINING 176,500 SQUARE FEET, 4.052 ACRES MORE OR LESS. AS SHOWN ON EXHIBIT "C -1" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. p IRNN f DATE HIS L DAY OF pc/" 2015. X0`5' KURT R. TROXELL KURT R. ROXELL L. . 78 7854 Jj qfC O( C401 PAGE 3 OF 3 M:1MappiN1648101%1- gals1648.002 LEGAL EX CApu 161 DW dr 0 P� / y H94�' 4)p TABLE 2000.00' 72.53' NG LENGTH C4 1419'23" 3'E 34.37' OF1 51 "E XWE 3.39' C -1.Dwc 110 -f4_wl 3'E 40.15' 9E 30.54' 8 E 6.50' L6 NI9TH1'21 "E 2.61' L7 N55'46'17E 104.5p' L B S43V7'OJ•E 29.65' L9 N46'S8'S7 "E 39.07 LID 593V1'03'E 64.18' EXHIBIT C -1 PROPOSED RESIDENTIAL PROJECT AREA ��p. ` `. J2• 46 ~P i L6 -- 4,051 AC. A`1�1 o` Y \ N.T.S. O Z-11 11 \ }1� P.O.B. U �a4el_ CI S4 }�l Yp Vi L2- / / / / 4^ co CUR K TABLE P N0. DELTA RADIUS LENGTH i Cl 351'27• 940.00' 6J.2T C2 294'40" 2000.00' 72.53' C3 0'12'48• 1900.00' 7.08' C4 1419'23" 326.00' 81,49' nl II° FUSCQE CITY OF SEAL BEACH PROPOSED RESIDENTIAL PROJECT AREA SHAT f x v x f I x i x o iei v.v o.v.nsns. ,....1 „, «.mm POR. O. )HST CERTIFICATE OF COMPLIANCE NO. 2009 -01, RECORDED MARCH 10. 2009, INSi N0.2009000109504, A FOR. TIDE LAND LOO NO. 197, 8 POS FIRST STREET S MARNA DRIVE PER FINAL ORDER OF CONDEMNATION REC. MARCH 2J, 1977. W 12115, PC, 201. ALL OF OFFICIAL RECORD&. OF1 '48 4: \MAPPING \648 \01 \LEGALS \648 -002 EX C -1.Dwc 110 -f4_wl _ 1 1 I P EXHIBIT D LEGAL DESCRIPTION OF OPEN SPACE AREA I E 181 DWP EXHIBIT "D" LEGAL DESCRIPTION "OPEN SPACE" LOT "A^ THAT PORTION BLOCK'B' OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF FIRST STREET AS SHOWN ON SAID MAP, EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS DESCRIBED IN THE DEED TO SAID CITY RECORDED JANUARY 23, 1932 IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF FIRST STREET AND THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON THE MAP OF SAID BAY CITY; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE OF FIRST STRET 273.93 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 58° 54' WEST 55.32 FEET; THENCE NORTH 220 51' 00' WEST 366.54 FEET; THENCE NORTH 240 31'00" EAST 78.78 FEET TO THE SOUTHWESTERLY LINE OF OCEAN BOULEVARD, AS SHOWN ON SAID MAP- LOT "B' THAT PORTION -B- OF BLOCK TOGETHER WITH THAT PORTION OF'OCEAN AVE.- A STREET, IN THE BAY CITY TRACT, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF BLOCK'C' OF SAID SAY CITY TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET, AS SHOWN ON SAID MAP, WITH THE NORTHEASTERLY LINE OF SAID BLOCK "B'; THENCE NORTH 31° 17' 22' EAST 80.11 FEET ALONG SAID SOUTHWESTERLY PROLONGATION TO THE MOST SOUTHERLY CORNER OF SAID BLOCK *C; THENCE NORTH 55° 43'00' WEST 318.40 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK'C TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 20, 1933 IN BOOK 612, PAGE 317 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, ALONG THE SEAL BEACH BOUNDARY AGREEMENT NO. 2, RECORDED APRIL 8, 1968 IN BOOK 8565, PAGE 1 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY TO THE NORTHERLY TERMINUS OF THE AGREEMENT LINE BETWEEN THE STATE LANDS COMMISSION AND THE CITY OF SEAL BEACH AND THE CITY OF LOS ANGELES RECORDED AUGUST 9, 19671N BOOK 8336 PAGE 954 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 24° 31' 00' WEST 60.00 FEET ALONG LAST SAID AGREEEMENT LINE TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SEAL BEACH RECORDED JANUARY 23, 1932 IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 67° 06' 27' EAST 297.06 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF SEAL BEACH, SAID SOUTHERLY LINE 19; DW BEING THE SOUTHERLY LINE OF OCEAN AVENUE ASSET FORTH IN RESOLUTION NO. 197 BY THE TRUSTEES OF THE CITY OF SEAL BEACH AND RECORDED IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS, TO THE POINT OF BEGINNING, A PORTION OF SAID OCEAN AVENUE WAS VACATED UPON APPLICATION OF THE BAYSIDE LAND COMPANY AND ACTION OF THE TRUSTEES OF THE CITY OF SEAL BEACH RECORDED AUGUST 18, 19141N MINUTE BOOK 11 AT PAGE 51. LOT "C° BLOCK'C' OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT A -2, IN THE RANCHO LOS ALAMITOS INCLUDED WITHIN SAID CITY OF SEAL BEACH, AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFRRNIA, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS OF SAID ORANGE COUNTY, LYING WESTERLY OF SAID BOCK -C" AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK 'C'. EXCEPT FROM THE ABOVE DESCRIBED PORTION OF SAID LOT A -2 THAT PORTION THEREOF LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE BEGINNING AT A POINT NORTH 650 00' 00' WEST, 330.00 FEET FROM STATION NO. 49 OF THE PATENT BOUNDARY LINE OF THE RANCHO LOS ALAMITOS. BEING IN THE NORTHEASTERLY LINE OF SAID BLOCK'C' AND ON THE EASTERN SHORE OF THE INLET FROM THE PACIFIC OCEAN TO ALAMITOS BAY; THENCE SOUTH 12° 00' OD' WEST, 547 BO FEET; THENCE SOUTH 61 00' 00' WEST, 69.95 FEET; THENCE SOUTH 290 15'00' EAST, 36,72 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF OCEAN AVENUE, AS SHOWN ON AFORESAID MAP OF BAY CITY; THENCE SOUTH 55° 43' 00' EAST, ALONG SAID LINE OF OCEAN AVENUE 322.47 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK'C'. ALSO EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE. BEGINNING AT THE SOUTHEASTERLY LINE OF SAID BLOCK'C' OF BAY CITY, BEING 60.20' SOUTHERLY FROM THE MOST SOUTHERLY POINT OF THE LAND INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23,1977 IN BOOK 12115, PAGE 201, OF OFFICIAL RECORDS; THENCE NORTH 58° 53' 38'WEST, 321.92 FEET; THENCE NORTH 760 07' 33' WEST, 88.88 FEET; THENCE NORTH 160 24' 59' EAST, 179.66 FEET; THENCE NORTH 13° 52' 27' EAST, 74.66 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK'C' DISTANT NORTH 65° 00'00* WEST, 238.07 FEET FROM STATION 49 OF THE RANCHO LOS ALAMITOS AS SHOWN ON SAID MAP OF BAY CITY. ALL AS SHOWN ON EXHIBIT'S' ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. / (O�I "�z- No. 5411 RY V. CASE, L.S. No. 5411 � EXP. 9!30/12 201 DW EXHIBIT "B" c yss. 06 hry^m �$ µ02S\ w° PP h 60• O°• N. T. S. .c, A0 GIN $ o e m 1,01 ii 1H'se ��4A iOtDg+� P'. LOS P' �• p 1p, L $ 1pr ,cy y wp 2p z ,o, U 0 O i G 0p OAY °�. poll. 3i/0 CK GONOfNS PG pEa Of OK 72 L% °O� 0 Ty7?- LANDS No. 5417 33 2 -°s, .� Q. yss. - Exp. 9/30/12 m P 4� y`TA i7S �1'� N Y V. CASE LS. 5411 ITY OF SEAL BEACH Case Land Svrveyrng,, Inc. CITY PARCEL SHEET s .yens Mappia CPS Service¢ 914 g., M[ St. POR. OF BLOCKS B. C AND OCEAN AVE. OF D.)J771 CA. 92898 OF BAY CITY IN BOOK 3, PAGE 19, OF F 714 929 -994¢ Fs: 714 928 -9995 MAPS, COUNTY OF ORANGE, STATE OF CALIFORNfA. I1 -TA-791 211 DW r 1 H L1 EXHIBIT E TRACT MAP 17425 221 DW tl l5 LI' M 10 TRACT No. 17425 R® NR w.ew wu w ilk qtt OF art a�an�a"iAr Mn SSEAXK OF gUNa. STATE a CAU 6MIA iLL44 fM0dA1C SWIT LL4111R LS S 7 MC MI5 T M 0 M' .0 �. 0 I nxY / ___ - -- — \ N I H I F EXHIBIT F DWP OPEN SPACE MASTER PLAN P.- I 2410 �. J /ti H zi O n 0 UO N N ^17 N 7 z Vi w a q � n G cn n < p n ] a o 7 cn o C y C n � G Uq T f. � T •~�-- n a ] -s —L 0 0 � u u ^ ..eYa A4 9 1 � fy ;;a 6t vi C- p p O •L C r• L„ oc5 Ec i v.5 c o 0 Lv_o 3��qe a =A c E Y = �'� gP I E3'2` v - _ 's -Y'- p '� � _F F�•r 'm z5'c .>� ..�.. 2 "• G O -4U °' S o c yy$ c�'o °y-„ 3 � _uz_ p?� F.�?..$�°o �2Ee'Y.: 2G.5 �; __� =i •} 2��b _ shy ;��r Q � ? ,Z 'q u' J>` ?o�js ; fc�3gCv �4y3 p_ •% .� i >d3y ey - j`ryy Zrc zsov2`o r =` cF�3 v "i E5 s' 5 _'u �3 o 2 m7 Zy 'ovy;s A °AVa�.S �tu�Aec'�¢` °EAZv ��U,saa 22 q L y 3 -5 Y c ^ -- G'E�q�':, i' L 3 vy`i.ct ' °� C v '4 'abEmEv?�°•tRS3Vi — ` •y f. � ?. ^ S � 'E ] O C - 4, 6•` A � v -s —L 0 0 � u u ^ ..eYa A4 9 1 � fy ;;a 6t vi C- p p O •L C r• L„ oc5 Ec i v.5 c o 0 Lv_o 3��qe a =A c E Y = �'� gP I E3'2` v - _ 's -Y'- p '� � _F F�•r 'm z5'c .>� ..�.. 2 "• G O -4U °' S o c yy$ c�'o °y-„ 3 � _uz_ p?� F.�?..$�°o �2Ee'Y.: 2G.5 �; __� =i •} 2��b _ shy ;��r Q � ? ,Z 'q u' J>` ?o�js ; fc�3gCv �4y3 p_ •% .� i >d3y ey - j`ryy Zrc zsov2`o r =` cF�3 v "i E5 s' 5 _'u �3 o 2 m7 Zy zo or — L %? JY_c °_'O- "7m v s <'`�TR j_ G -'_ _ _ = ?'�E <:_ = ^9 = - •c i zc_c (12 nFL �. =• - -ff��"vim �q °o_- ^� y% Esc. _ <'C� % F. +� � Z fi'c sA _ nR'Z' ,2'E F 7w qq s �V c wE Ta•<+� � � _,a _ � _ c �_ � ryP y� �_ � ?� 6��° zo or 0J C �D h V L� (D n r• r• n r• C r•t rTl ••h r• CJQ �-t f9 SU 4 PACIFIC OCEAN DWI' Spec�if�ic I'lan OO pen Space Master I'lam I H J I N CO g d N ID v7 C O 67 C N (n Cl) N CO a N C a to Q N d Q � _ Q Z X < 0 Cn Fn Qo� Om0 X >po Cn CO MOB O zr0 G) O CO Cam 0 Cl)n> A Beach - v t m �� xR°m v En 5 m vi :U °wm0 °o a 0a 3 N a CD m -fam - m o 'a tt O Cn N a a) d o N 7 6 II1 � a ��IDWI' Spec�i�f�ic Plan Open Space M�asber Plan Y u / � / t° K 0 � � 0 \ 0 / � � K. E � j §' m � § � & �m �'} -1 \ _ � \\ } \ \� 3 N r-: O 1 cn CD _z O (Q C CD r- 0 n v 0 0 CD rh A w XU) ;cp °x �0i > CD c N O O N � 3 N �w Q C - w m 0 of m' 0 m C C 0) m CD n c0 CD CL 0 N 91 v a C d O. CL CD or 0 m a X m m W d 0 z �N N CD O I D f :i,c Plan 0 pen Space Master Plan 1 1 0 I I Y pr• n to rt O n 0 rt n n U) i� J r, C M crQ d cm �OCu a s m _ 0 2 � � P u u � 0 � % � n � n � » � _ � 7' — E \ � / EZ \f* \`f \ \f TITI: � [ I $ EZ TITI: [ I $ d H i x 3 z o• H o c d d_ H m n r' H � a m O d V� .n. H m P R n_ A a �n m' n r H i x 3 z o• H o c d d_ H m I�ti H � a m H d 9 .n. H P R n_ A �n •' w ry N � � H � m a n C � C n; ;d d ; " R O d 6 n R R , H 01 o + a N yQ N u, w n C C G � T r ti �i. r H o w A d c� H m a u. 2 N m 10 T It — Q m A — } O d 1 N A H � S R — 2 P O R H H H o c d d_ H m I�ti m H Hn .n. H P R n_ A o } O d 1 N A H � S R — 2 P O R H H 9 M1 Sys P: Specific Plan OpentSpace Maste Requirements Section Item D —Secretary of State's Official 2017 California Roster — Cover Letter and Page 72 of 85 is the current listing of Seal Beach status of a municipal incorporated city. a ALEX PADTLLA I SECRETARY OF STATE I STATE OF CALIFORNIA 150011th Street I Sacramento, CA 95814 1 Tel 916.653.7244 I Fax 916.6534620 1 w .sos.ca.gov April 10, 2017 I am pleased to present the Secretary of State's 2017 edition of the California Roster. This Roster provides a comprehensive listing of contact information for California's government officials, as well as historical outlines of its constitutional offices and state emblems. It includes California's federal, state, and county government officials, judicial officials, incorporated city and town officials, a listing of California's unincorporated areas and state agency information. The California Roster is available exclusively online. A complete new edition of the Roster is posted on the Secretary of State website, www.sos.ca.aov, each spring. Any change in information provided to my office during the course of the year will be updated upon receipt. Sincerely, ° aQ----- Alex Pad2 Secretary of State Incorporated City and Town Officials *CITY OF SAUSALITO *CITY OF SEASIDE (County of Marin) (County of Monterey) Address: 420 Litho Street, Sausalito, CA 94965 Telephone: (415) 289 -4100 Fax: (415) 289 -4167 Website: www.cl.sausallto.ca.us Email: aoolltzer0cl.sausallto.ca.us Office Hours: Monday through Friday 8:00 a.m. to 5:00 p.m Mayor: Ray Withy Vice Mayor: Joan Cox Council: Herb Weiner, Jill Hoffman, Joe Burns Council meets on the first and third Tuesday of each month City Manager: Adam Politzer City Attorney: Mary Wagner Treasurer: Melanie Purcell Police Chief: John Rohrbacher Fire Chief: Chris Tubbs School Superintendent: William McCoy Incorporated: September 4, 1893 Legislative Districts: 6" CD; V SO; 60 AD General Law City Population: 7,099 *CITY OF SCOTTS VALLEY (County of Santa Cruz) Address: 1 Civic Center Drive, Scotts Valley, CA 95066 Telephone: (831) 440 -5600 Fax: (831) 438 -2793 Website: www.scottsvallev.oro Email: CltvHalld0scottsvallev.om Mayor: Randy Johnson Vice Mayor: Jim Reed Council: Stephany E. Aguilar, lack Dilles, Donna Lind Council meets on the first and third Wednesday of each month at 6:00 p.m. in Council Chambers City Manager: Jenny D. Haruyama City Clerk: Tracy A. Ferrara City Attorney: Kirsten Powell Treasurer: Jenny D. Haruyama Police Chief: Steve Walpole Fire Chief: Dan Grebil School Superintendent: Tanya Krause Incorporated: August 2, 1966 Legislative Districts: 140 CD; 15' SO; 27' AD General Law City Population: 11,945 *CITY OF SEAL BEACH (County of Orange) Address: 211 8d' Street, Seal Beach, CA 90740 -6305 Telephone: (562) 431 -2527 Fax: (562) 493 -9857 Website: www.sealbeachca.gov Office Hours: Monday through Friday 8:00 a.m. to 5:00 p.m. Mayor: Sandra Nussa - Lavill Council: Ellery A. Deaton, Thomas Moore, Mike Varipapa, Schelly Sustarsic Council meets on the second and fourth Monday of each month at 7:00 p.m. in Council Chambers City Manager: Jill R. Ingram City Clerk: Robin L. Roberts City Attorney: Craig Steele Treasurer: Victoria L. Beatley Police Chief (Interim): Joe Miller Fire Chief: Orange County Fire Authority School Superintendent: Dr. Sherry Kropp Incorporated: October 27, 1915 Legislative Districts: 481h CD; 34" SD; 72nd AD Chartered City Population: 24,168 Address: 440 Harcourt Avenue, Seaside, CA 93955 Telephone: (831) 899 -6700 Fax: (831) 899 -6227 Website: www.ci.seaside.ca.us Office Hours: Monday through Friday 8:00 a.m. to 5:00 p.m. Mayor: Ralph Rubio Mayor Pro Tempore: Dennis Alexander Council: Jason Campbell, David Pacheco, Kayla Jones Council meets on the first and third Thursday of each month at 7:00 p.m. in City Hall City Manager: Craig Malin City Clerk: Leslie Milton -Rerig City Attorney: Donald Freeman Treasurer: Daphne Hodgson Police Chief: Robert Jackson Fire Chief: Brian Dempsey School Superintendent: P.K. Diffenbaugh Incorporated: October 13, 1954 Legislative Districts: 17`h CD; 1V SO; 2r AD General Law City Population: 33,450 *CITY OF SEBASTOPOL (County of Sonoma) Address: 7120 Bodega Ave, Sebastopol, CA 95472 Mailing Address: P.O. Box 1776, Sebastopol, CA 95473 Telephone: (707) 823 -1153 Fax: (707) 823 -1135 Website: www.cl.sebast000l.ca.us Email: mgourlev(Bcitvofsebast000l.ora Office Hours: Monday through Thursday 7:00 a.m. to 5:30 p.m. Mayor: Una Glass Vice Mayor: Patrick Slayter Council: Sarah Glade Gurney, Neysa Hinton, Michael Carnacchi Council meets on the first and third Tuesday of each month at 6 p.m. at Sebastopol Youth Annex City Manager: Larry McLaughlin City Clerk /Assistant City Manager: Mary Gourley City Attorney: Larry McLaughlin Treasurer - Finance Director: Ana Kwong Police Chief: Jeffrey Weaver Fire Chief: Bill Braga Incorporated: June 13, 1902 Legislative Districts: 6d' CD; 2nd SO; 1" AD General Law City Population: 7,858 CITY OF SELMA (County of Fresno) Address: 1710 Tucker Street, Selma, CA 93662 Telephone: (559) 891 -2200 Fax: (559) 896 -1068 Website: www.citvofselma.com Office Hours: Monday through Friday 8:00 a.m. to 5:00 p.m. Mayor: Kenneth Grey Mayor Pro Tempore: George Rodriguez Council: Jim Avalos, Mike Derr, Scott Robertson Council meets on the first and third Monday of each month at 6:00 p.m. City Manager: D -B Heusser City Clerk: Reyna Rivera City Attorney: Neal Costanzo Finance Consultant: Steve Yribarren Police Chief: Greg Gamer Fire Chief: Michael Kain School Superintendent: Mark Sutton Incorporated: March 15, 1693 Legislative Districts: 17" CD; 151h SO; 3150 AD General Law City Population: 23,301 Califomia Roster 2017 138 OWNER'S DECLARATION The undersigned hereby declares as follows: (Fill in the applicable paragraph and strike the other) as o ows: See Preliminary Report/Commitment No. 00073588- 994- LT2 -DB-f' ull lega escnpnon hzr Land"). II b. Declarant is the of�� ( "Owne�"J , which i5 the ve per o les a as thetc as may b o/Aertaam premise located at �z , el tQ - i 6% �G l O further described as follows: See Preliminary Report/Commitment No 000 3588- 994- LT2 -DB for full legal description (the "Land "). 2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been no surveys or architectural or engineering plans have been prepared, and no materials have b urnished in connection with the erection, equipment, repair, protection or removal of any bull ' or other structure on the Land or in connection with the improvement of the Land in any manne atsoever. During the period of six months immediately preceding the it [ is declaration c a;n�a,,.-F.��n don atenals furnished in connection with upon the Land in the-a—pprDx4mate �total sum of $ , but no work whatever remains to be done and no materials remain to be furmsreC et_ e the but in full compliance with the plans and specifications, nor are there npaid bi s ' edfor labor and materials used in making such improvements or repair on the Land, or for the services o surveyors or engineers, except as follows: Owner, by the ersigned Declarant, agrees to and does hereby indemnify and hold harmless Titl mpany against any and all claims arising therefrom. 3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land. 4. Except as shown in the above - referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, special assessments, periodic assessments or any assessment from any source, claims of lien, special assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records. There are no violations of the covenants, conditions and restrictions as shown in the above - referenced Preliminary Report/Commitment. 5. The Land is currently + rsinrs Is (,X& ( r) (/ �° y occupies [ e an ; e s- or- ent+ties- tataE- arse..- mr:,:.,;ership- interest -in- tire -Land, �e::,ents,_claims -ef- easement- or- bcwndary- disputes - [hat -eff e:- l;,e -�„d. 7. There are no outstanding options to purchase or rights of first refusal affecting the Land. This declaration is made with the intention that Chicago Title Company (the "Company ") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein. 1,i,�0I declar under penalty of perjury that the foregoing is true and correct and that this declaration was executed on _ at Signature: MI SCO220 doc - Owner's Declaration (Rev. 05105115) PRELIMINARY REPORT Chicago Title Company YOUR REFERENCE: ORDER NO.: 00073588- 994- LT2 -D6 INFORMATIONAL NOTES SECTION 1. None of the items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an Extended Coverage Loan Policy, when issued. 2. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage. 3. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report. END OF INFORMATIONAL NOTES Dave Balassi (LA /Comm) /ry5 CL FA Preliminary Report Form — Modified (11/17/06) Page 7 FIDELITY NATIONAL FINANCIAL PRIVACY NOTICE At Fidelity National Financial, Inc., we respect and believe it is important to protect the privacy of consumers and our customers. ]'his Privacy Notice explains how we collect, use, and protect any information that we collect from you, when and to whom we disclose such information. and the choices you have about the use of that information. A summary of the Privacy Notice is below, and we encourage you to review the entirety of the Privacy Notice following this summary. You can opt -out of certain disclosures by following our opt -out procedure set forth at the end o(this Privacy Notice. Types of Information Collected. You may provide us with certain Ilow Information is Collected. We may collect personal information personal information about you, like your contact information, address from you via applications. forms, and correspondence we receive from demographic information, social security number (SSN), driver's license, von and others related to our transactions with you. When you visit our passport, other government ID numbers and /or financial information. We websites from your computer or mobile device, we automatically collect may also receive browsing information from your Internet browser, and store certain information available to us through your Internet computer and /or mobile device if you visit or use our websites or browser or computer equipment to optimize your website experience. applications. Use of Collected Information. We request and use your personal When Information Is Disclosed. N'e may disclose your information to information to provide products and services to you, to improve our our affiliates and /or nonaffiliated parties providing services for you or products and services, and to communicate with you about these us. to law enforcement agencies or governmental authorities, as required products and services. We may also share your contact information with by law, and to parties whose interest in title must be determined. our affiliates for marketing purposes. Choices With Your Information. Your decision to submit information Information From Children. We do not knowingly collect information to us is entirely up to you. You can opt -out of certain disclosure or use of from children who are under the age of 13, and our website is not your information or choose to not provide any personal information to intended to attract children. US. Privacy Outside the N'ebsite. We are not responsible for the privacy International Users. By providing us with your information, you practices of third parties, even if our website links to those parties' consent to its transfer, processing and storage outside of your country of websites. residence, as well as the fact that we will handle such information consistent with this Privacy Notice. The California Online Privacy Protection Act. Some FNF companies provide services to mortgage loan scrvicers and. in some cases, their websites collect information on behalf of mortgage loan scrvicers. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through those websites. Your Consent To This Privacy Notice. By submitting information to us Access and Correction; Contact Us. If you desire to contact us or by using our website, you are accepting and agreeing to the terms of regarding this notice or your information, please contact us at this Privacy Notice, privacy a finfcom or as directed at the end of this Privacy Notice. FNF Privacy Statement (F11 5/1/2015) Last Updated March L 2017 Copyright 3c 2017. Fidelity National Financial, Inc. All Rights Reserved MISCO219(DSI Rev. 3/2/17) Page I Order No. 00073588 x)94- LT2 -DB FIDELITY NATIONAL FINANCIAL, INC. PRIVACY NOTICE Fidelity National Financial, Inc. and its majority -owned subsidiary companies providing title insurance. real estate- and loan - related services (collectively, "FNF -bur" or "we ") respect and are committed to protecting your privacy. We will take reasonable steps to ensure that your Personal Information and Browsing Information will only be used in compliance with this Privacy Notice and applicable laws, This Privacy Notice is only in effect for Personal Information and Browsing Information collected and /or owned by or on behalf of FNF, including Personal Information and Browsing Information collected through any FNF website, online service or application (collectively, the "Website "). Types of Information Collected We may collect two types of information from you: Personal Information and Browsing Information. Personal Information. FNF may collect the following categories of Personal Information: • contact information (e.g., name, address, phone number, email address), • demographic information (e.g., date of birth, gender, marital status); • social security number (SSN), driver's license, passport, and other government ID numbers; • financial account information; and • other personal information needed from you to provide tide insurance. real estate- and loan- related services to you. Browsing Information. FNF may collect the following categories of Browsing Information: • Internet Protocol (or IP) address or device ID /UDID, protocol and sequence information, • browser language and type; • domain name system requests, • browsing history, such as time spent at a domain, time and date of your visit and number of clicks, • http headers, application client and server banners; and • operating system and fingerprinting data. How Information is Collected In the course of our business, we may collect Personal Information about you from the following sources: • applications or other forms we receive from you or your authorized representative; • the correspondence you and others send to us, • information we receive through the Website; • information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties; and • information from consumer of other reporting agencies and public records maintained by governmental entities that we obtain directly from those entities, our affiliates or others. If you visit or use our Website, we may collect Browsing Information from you as follows: • Browser Log Files. Our servers automatically log each visitor to the Website and collect and record certain browsing information about each visitor. The Browsing Information includes generic information and reveals nothing personal about the user. • Cookies. When you visit our Website, a `cookie" may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer's hard drive. When you visit a website again, the cookie allows the website to recognize your computer. Cookies may store user preferences and other information. You can choose whether or not to accept cookies by changing your Internet browser settings, which may impair or limit some functionality of the Website. Use of Collected Information Information collected by FNF is used for three main purposes: • To provide products and services to you or any affiliate or third party who is obtaining services on your behalf or in connection with a transaction involving you. • To improve our products and services. • To communicate with you and to inform you about our, our affiliates' and third parties' products and services. jointly or independenth. When Information Is Disclosed We may provide your Personal Information (excluding information we receive from consumer or other credit reporting agencies) and Browsing Information to various individuals and companies, as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. Please see the section "Choices With Your Personal Information" to [cam how to limit the diseretionary disclosure of your Personal Infnnmation and Browsing Information. Disclosures of your Personal Information may be made to the following categories of affiliates and nonaffiliated third parties: • to third parties to provide you with services you have requested, and to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure; • to our affiliate financial service providers for their use to market their products or services to you; • to nonaffiliated third party service providers who provide or perform services on our behalf and use the disclosed information only in connection with such services; • to nonaffiliated third party service providers with whom we perform joint marketing, pursuant to an agreement with them to market financial products or services to you; • to law enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoena or court order; • to lenders, lien holders, judgment creditors, or other parties claiming an interest in title whose claim or interest must be determined, settled, paid, or released prior to closing; and FNF Privacy Statement (E f. 5/1/2015) Last Updated March L 2017 Copyright 02017. Fidelity National Financial, Inc. All Rights Reserved MISCO219 (DSI Rev. 3Y2/17) Page 2 Order No. 00073588- 994- Cf2 -DB • other third parties for whom you have given us written authorization to disclose your Personal Information. We may disclose Personal Information and /or Browsing Information when required by law or in the good -faith belief that such disclosure is necessary to: • comply with a legal process or applicable laws; • enforce this Privacy Notice; • investigate or respond to claims that any material, document, image, graphic, logo, design, audio, video or any other information provided by you violates the rights of a third party, or • protect the rights, property or personal safety of FNF, its users or the public. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Notice, we expect that these parties process such information in compliance with our Privacy Notice or in a manner that is in compliance with applicable privacy laws. The use of your information by a business partner may be subject to that party's own Privacy Notice. Unless permitted by law, we do not disclose information we collect from consumer or credit reporting agencies with our affiliates or others without your consent. We reserve the right to transfer your Personal Information. Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and /or assets. or in the event of our bankruptcy, reorganization, insolvency, receivership or an assignment for the benelit of creditors. You expressly agree and consent to the use and /or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by a third party or for any actions of any third party that receives any of the information that is disclosed to us. Choices With Your Information Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you. The uses of your Personal Information and /or Browsing Information that, by law, you cannot limit, include: • for our everyday business purposes — to process your transactions, maintain your account(s), to respond to law • enforcement or other governmental authority in connection with an investigation, or civil or criminal subpoenas or court • orders, or report to credit bureaus; • for our own marketing purposes, • for joint marketing with financial companies; and • for our affiliates' everyday business purposes — information about your transactions and experiences. You may choose to prevent FNF from disclosing or using your Personal Information and /or Browsing Information under the following circumstances ( "opt - out "): • for our affiliates' everyday business purposes — information about your creditworthiness; and • for our affiliates to market to vou. To the extent permitted above, you may opt -out of disclosure or use of your Personal Information and Browsing Information by notifying us by one of the methods at the end of this Privacy Notice. We do not share your personal information with non-affiliates for their direct marketing purposes. For California Residents: We will not share your Personal Information and Browsing Information with nonatfliated third parties, except as permitted by California law. Currently, our policy is that we do not recognize "do not track" requests from Internet browsers and similar devices. For Nevada Residents: You may be placed on our internal Do Not Call List by calling (888) 934 -3354 or by contacting us via the information set forth at the end of this Privacy Notice. Nevada law requires that we also provide you with the following contact in formation: Bureau of Consumer Protection. Office of the Nevada Attorney General, 555 E. Washington St.. Suite 3900. Las Vegas, NV 89101; Phone number: (702) 486 -3132: email: BCPINFO a ag.state.nv.us. For Oregon Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity, to indicate that you do not want a disclosure made for marketing purposes. For Vermont Residents: We will not share your Personal Information and Browsing Information with nonaffiliated third parties. except as permitted by Vermont law. such as to process your transactions or to maintain your account. In addition, we will not share information about your creditworthiness with our affiliates except with your authorization. For joint marketing in Vermont, we will only disclose your name. contact information and information about your transactions. Information From Children The Website is meant for adults and is not intended or designed to attract children under the age of thirteen (13). We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian. By using the Website. you affirm that you arc over the age of 13 and will abide by the terms of this Privacy Notice. Privacy Outside the Website The Website may contain links to other websites. I'NF is not and cannot be responsible for the privacy practices or the content ofany of those other websites. International Users FNF's- headquarters is located within the United States. If you reside outside the United States or are a citizen of the European Union, please note that we may transfer your Personal Information and /or Browsing Information outside of your country of residence or the European Union for any of the purposes described in this Privacy Notice. By providing ENE with your Personal Information and /or Browsing Information, you consent to our collection and transfer of such information in accordance with this Privacy Notice. The California Online Privacy Protection Act FNF Privacy Statement (Eff. 5/1/2015) Last Updated March 1. 2017 Copyright J 2017. Fidelity National Financial. Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 3 Order No. 00073588- 994- L "I2 -DB For some ENE websites, such as the Customer CareNet ( "CCN "), ENE is acting as a third party service provider to a mortgage loan servicer. In those instances, we may collect certain information on behalf of that mortgage loan servicer via the website. The information which we may collect on behalf of the mortgage loan servicer is as follows: • first and last name; • property address; • user name and password; • loan number, • social security number - masked upon entry; • email address, • three security questions and answers; and • I address. The information yon submit through the website is then transferred to your mortgage loan servicer by way of CCN. The mortgage loan servicer is responsible for taking action or making changes to any consumer information submitted through this website. For example, if you believe that your payment or user information is incorrect, you must contact your mortgage loan senicer. CCN does not share consumer information with third parties. other than (1) those with which the mortgage loan servicer has contracted to interface with the CCN application, or (2) law enforcement or other governmental authority in connection with an investigation. or civil or criminal subpoenas or court orders. All sections of this Privacy Notice apply to your interaction with CCN, except for the sections titled "Choices with Your Information" and "Access and Correction:' I f you have questions regarding the choices you have with regard to your personal information or how to access or correct your personal information, you should contact your mortgage loan servicer. Your Consent To This Privacy Notice By submitting Personal Information and /or Browsing Information to FNF, you consent to the collection and use of the information by us in compliance with this Privacy Notice. Amendments- to the Privacy Notice will be posted on the Website. Each time you provide infortnation to us. or we receive information about you. following any amendment of this Privacy Notice will signify your assent to and acceptance orits revised terns for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you submit to us in any manner that we may choose without notice or compensation to you. Accessing and Correcting Information; Contact Us If you have questions, would like to access or correct your Personal Information. or want to opt -out of information sharing with our affiliates for their marketing purposes, please send your requests to privacyt<fnf.com or by mail or phone to: Fidelity National Financial, Inc. 601 Riverside Avenue Jacksonville, Florida 32204 Aftn: Chief Privacy Officer (888) 934 -3354 FN Privacy Statement (E6. 51112015) Last Updated March I, 2017 Copyright 3 2017. Fidelity National Financial. Inc. All Rights Reserved MISCO219 (DSI Rev. 3/2/17) Page 4 Order No. 00073588- 994- LT2 -I)B Notice of Available Discounts Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ( "FNF ") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the field rate. As such, your transaction may not qualify for the below discounts. You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for each discount. These discounts only apply to transaction involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one -to -four family residential dwelling. FNF Underwritten Title Company FNF Underwriter CTC - Chicago Title Company CTIC - Chicago Title Insurance Company Available Discounts CREDIT FOR PRELIMINARY REPORTS AND /OR COMMITMENTS ON SUBSEQUENT POLICIES (CTIC) Where no major change in the title has occurred since the issuance of the original report or commitment, the order may be reopened within 12 months and all or a portion of the charge previously paid for the report or commitment may be credited on a subsequent policy charge within the following time period from the date of the report. DISASTER LOANS (CTIC) The charge for a lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date or a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title insurance rate. CHURCHES OR CHARITABLE NON - PROFIT ORGANIZATIONS (CTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be 50% to 70% of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be 40% to 50% of the appropriate title insurance rate, depending on the type of coverage selected. EMPLOYEE RATE (CTC and CTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would be obligated to pay, by established custom, as a party to the transaction. CA Discount Notice Effective Date: 1 -10 -2010 ATTACHJIEN "F ONE CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY — 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys-' fees or expenses which arise by reason of: I. (a) Any law. ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character. dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy,. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any, taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens. encumbrances- adverse clainns or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant: (b) not known to the Company. not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforeeability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury, or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy. state insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE - SCHEDULE R, PART 1 This policy does not insure against loss or damage (and the Company will not pay, costs, attorneys' fees or expenses) which arise by reason or.- 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts. rights. interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3 Easements, liens or encumbrances. or claims thereof, not shown by the public records. 4. Discrepancies. conflicts in boundary, lines, shortage in area. encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatenled mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof (c) water rights, claims or title to water, whether or not the matters excepted under (a). (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services-. labor or material not shown by the public records. CL AHOM EONVNER'S POLICY OF TITLE INSURANCE (12-02-13) ALFA HOMEOWNER'S POLICY OF TITLE INSURANCE: EXCLUSIONS In addition to the Exceptions- in Schedule R, You are not insured against loss, costs, attorneys' fees. and expenses resulting from: I. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building: b. zoning: C. land use: d. improvements on the Land; e. land division; and f. environmental protection. This Exclusion does not limit the coverage described in Covered Risk 8.a.. 14. 157 167 18, 19, 20. 23 or 27. 2. The failure of Your existing structures, or any part of them. to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15. 3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17, 4. Risks: a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us-, unless they, arc recorded in the Public Records at the Policy Date; Attachment One (65 -14) CA & NV c. that result in no loss to You: or d. that first occur after the Policy Dale - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26. 27 or 28. 5. Failure to pay value for Your Title. 6. Lack ora right: a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and It. in streets. alleys, or waterways that touch the Land. '['his Exclusion does not limit the coverage described in Covered Risk I I or 21. 7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy. state insolvency. or similar creditors' rights Imes. 8. Contamination. explosion, fire. flooding, vibration, fracturing, earthquake. or subsidence. 9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any, other substances. LIMITATIONS ON COVERED RISKS Your insurance for the following Covered Risks is limited on the Owner's Coverage Statement as follows: • For Covered Risk 16, 18. 19. and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A. The deductible amounts and maximum dollar limits shown on Schedule A arc as follows: Our Maximum Dollar Your Deductible Amount Limit of Liability 1.00% %of Policy Amount Shown in Schedule A or Covered Risk 16: $2.500.00 (whichever is less) $ 10.000.00 1,00% %of Policy Amount Shown in Schedule A or Covered Risk 18: $5.000.00 (whichever is less) $ 25.000.00 1.00% of Policy Amount Shown in Schedule A or Covered Risk 19: $5.000.00 (whichever is less) $ 25.000.00 1.00% of Poliev Amount Shown in Schedule A or Covered Risk 21: $2.500.00 (whichever is less) $ 5.000.00 2006 ALTA LOAN POLICY (06 -17 -116) EXCLUSIONS FROM COVERACE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason oL I. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating. prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions. or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection: or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects. liens. encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company. not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 13 or 14); or (c) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in- lending law. 6. Any claim, by reason of the operation of federal bankruptcy, slate insolvency. or similar creditors rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not staled in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk II(b). The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions- from Coverage: EXCEPTIONS FROM COVERAGE (Except as provided in Schedule R - Part II,( hor f)his policy does not insure against loss or damage. and the Company will not pay costs, attomevs' fees or expenses. that arise by reason of: Attachment One (6 -5 -14) CA & NV (PART I (I he above policy form may be issued to allbrd either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) 'faxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements. liens or encumbrances, or claims thereof. not shown by the Public Records. 4. Any encroachment, encumbrance. violation, variation. or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions" in patents or in Acts authorizing the issuance thereof: (c) water rights. claims or title to water. whether or not the matters excepted under (a), (b), or (e) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part 1 of this Schedule, the Title is subject to the following matters, and the Company insures against loss or damage sustained in the event that they are not subordinate to the lien of the Insured Mortgage:) 2006 ALTA OWNER'S POLICI' (06- 17 -06) EXCLUSIONS FROM COVERACE The following matters are expressly excluded from the coverage of this policy. and the Company will not pay loss or damage, costs, attorneys' fees. or expenses that arise by reason of: I. (a) Any, law, ordinance, permit. or governmental regulation (including those relating to building and zoning) restricting. regulating, prohibiting. or relating to (i) the occupancy, use, or enjoyment of the Land: (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion Ila) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. "this Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects-. liens- encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company. not recorded in the Public Records at Date of Policy. but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant: (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim. by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A. is (a) a fraudulent conveyance or fraudulent transfer: or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy forth may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage. the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of. (The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: I. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records: (b) proceedings by a public agency that may result in taxes or assessments. or notices of such proceedings. whether or not shown by the records of such agency or by the Public Records. 1 Any, facts. rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons- in possession of the Land. 3. Easements, liens or encumbrances. or claims thereof. not shown by the Public Records. 4. Any encroachment, encumbrance. violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. 5. (a) Unpatented mining claims: (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights. claims or title to water, whether or not the matters excepted under (a). (b), or (c) arc shown by (he Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. 7. (Variable exceptions such as taxes, easements. CC &ICs. etc. shown here.) Attachment One (6 -5 -14) CA & NV AL FA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12- 92 -13) EXCLUSIONS FROM COVERAGE. The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage. costs, attorneys' fees or expenses which arise by reason of. 1. (a) Any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting. or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions. or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws. ordinances, or governmental regulations. This Exclusion I(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c). 13(d), 14 or 16. (b) Any governmental police power. This Exclusion I(b) does not modify or limit the coverage provided under Covered Risk 5. 6. 13(c). 13(d). 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or otter matters (a) created. suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11. 16, 17, 18. 19, 20, 21, 2123. 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing- business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -in- lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26. 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk I I(b) or 25. & The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. t0. Contamination. explosion, fire, flooding, vibration, fracturing, earthquake. or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water. or any other substances. Attachment One (6 -5 -14) CA & NV ti This map/plal is being furnished as an aid in locating Me herein described Land in relation to adjoining sheets, natural boondenes and other land, and is not a survey of the lend depicted. Except to the extent a policy of title Insurance is expressty modified by endorsement, if any. the Company does not Insure 0 dimensions, distances, location of easements, acreage or other matters shown thereon. .s 71 �w ¢wi 2n`.o h 000 ho. Hoo ems+ mw¢ w�a �¢o mx^� �i ii y E Q �O k a 0QktQ 2 10 -661 ct 3d /b0 � 1 S / m ra ceocl +. YN /byn. Y w W o � O O H V i m t wC 317N3AY.f j NY3.V - o � > a _- 1 ~ NI O y Y3S _a 1 s�:a I ve 1 3N17 IlMW .old /end Ht ' _y'xe .s 71 �w ¢wi 2n`.o h 000 ho. Hoo ems+ mw¢ w�a �¢o mx^� �i ii y E Q �O k a 0QktQ Chicago Title Company 4041 MacArthur Blvd., Suite 400, Newport Beach, CA 92660 Phone: (949) 724 -3113 • Fax: (949) 258 -5541 Chicago Title Company is licensed by the Department of Insurance of the State of California Escrow No. 24436B -002 —KAP Date: December_, 2017 Officer: Karen L. Price Fax Number: (949) 258 -4541 Phone Number: (949) 724 -3113 Property Address: Seal Beach, California AGREEMENTS AND ESCROW INSTRUCTIONS (Driveway Parcel and First Street ROW Swap) These Agreements and Escrow Instructions (these "Instructions ") are made as of the date written above by and between Bay City Partners LLC, a California limited liability company (hereinafter "BCP "), and the City of Seal Beach, a California charter city (hereinafter "City"). BCP and City are sometimes individually referred to herein as a "Party" and collectively as the "Parties. BCP and City have agreed that (i) BCP shall convey to City approximately 10,233 square feet of land pursuant to a Quitclaim Deed in the form attached hereto (the "BCP Deed "), and (ii) City shall substantially concurrently convey to BCP approximately 7,145 square feet of land pursuant to a Quitclaim Deed in the form attached hereto (the "City Deed "). The Parties are entering into these Instructions to facilitate such conveyances and, accordingly, agree and instruct Chicago Title Company, as Escrow Holder, as follows: 1. The Parties to this transaction acknowledge and agree that: (i) Chicago Title Company, as Escrow Holder, is only to be concerned with conditions and/or documents commonly under the control of or made or delivered through Escrow Holder pertaining to matters referred to herein, (ii) Chicago Title Company, as Escrow Holder, is a limited agent acting on behalf of all principals to the transaction and, as such, must be provided instructions that are mutually agreed upon by all Parties, and (iii) the General Provisions attached hereto are incorporated herein as a part of these Instructions, excepting, however any provisions or portions thereof which specifically conflict with these Instructions. 2. City has reviewed and approved that certain Preliminary Report issued by Chicago Title Company (the "Title Company ") dated October 13, 2017, Order No. 00080362 - 994 - LT2 -DB (the "BCP Property Title Report") covering the real property covered by the BCP Deed (the "BCP Property"). City may, at its election, by written notice to Escrow Holder given not less than five (5) business days prior to the Closing, and at City's sole cost, purchase title insurance covering the BCP Property from the Title Company subject to the exceptions shown in the BCP Property Title Report and otherwise in such form and amount as City and the Title Company may agree. 1 BCP has reviewed and approved that certain Preliminary Report issued by Chicago Title Company (the "Title Company ") dated November 13, 2017, Order No. 00073588- 994 - LT2 -DB (the "City Property Title Report") covering the real property covered by the City Deed (the "City Property "). BCP may, at its election, by written notice to Escrow Holder given not less than five (5) business days prior to the Closing, and at BCP's sole cost, purchase title insurance covering the City Property from the Title Company, subject to the exceptions shown in the City Property Title Report, and otherwise in such form and amount as City and the Title Company may agree. 4. City and BCP shall split equally all escrow fees and charges (and any recording fees) in connection with this transaction. If the BCP Property lies within a Community Facilities District, City agrees to assume the obligation and shall pay all annual installments due after the Closing, if any, relating to the BCP Property. If the City Property lies within a Community Facilities District, BCP agrees to assume the obligation and shall pay all annual installments due after the Closing, if any, relating to the City Property. 5. There is no consideration payable by City to BCP, or by BCP to City, in connection with this Escrow. There shall be no proration of taxes or any other expenses relating to the City Property or the BCP Property through this escrow. 6. Promptly after (or concurrently with) the execution and delivery of these Instructions, City shall execute (and notarize) and deliver the City Deed to Escrow Holder, and BCP shall execute and deliver the BCP Deed to Escrow Holder. Escrow Holder shall notify City and BCP promptly after receipt of the City Deed and BCP Deed. 7. Upon the earlier of instructions from City and BCP to Escrow Holder to proceed, Escrow Holder shall record the City Deed and the BCP Deed in the Official Records of Orange County, California, shall deliver conformed copies of each of such Deeds to City and BCP, and shall close the Escrow. 8. Notices shall be given by personal delivery or overnight courier (or email, if specified) to the following addresses (or such other address as a party may specify by notice to the others): If to City: If to BCP: If to Escrow Holder: City of Seal Beach Bay City Partners LLC Chicago Title Company 211 — 81h Street c/o James Parkhurst Seal Beach, CA 90740 1501 E. 16th Street 4041 MacArthur Blvd., Attn: Legal Newport Beach, CA 92663 Suite 400 Newport Beach, CA 92660 Karen.Price @ctt.com [Signature Page Follows] IN WITNESS WHEREOF, the Parties hereto have executed these Instructions as of the date and year first above written. CITrF SE//A''L'' BEACH yq By M �vt % ✓��C', ayor ATTEST- By: " City Clerk APPROVED O FORM: By: City Attorney ACCEPTED AND AGREED Chicago Title Company By: Name: Karen Price Title: Vice President BAY CITY PARTNERS, LLC I� Rocky Gentner, Member By: By: Bob Griffith, Member By: James Parkhurst, Member By: Brian Kyle, Member Cindy Atkinson, Member GENERAL I. DE POSIT OF FUNDS 'Fbe lam dealing will, the disbursement of finds acquires that all funds 1w available I'm oohdnsrvl es a matter of right by the Idle culitys exerts India, sub escrow accost prim m disbursement of any funds Only sure- timmf:rred finds can be given immediate availability upon deposit. C'ashier's checks. letter's checks and C ratified checks may be available one htuiness day aficr deposit All other funds such as personal, coquaric or panncrship checks and drills are subject in mandatory holding periods mhieln ma, cause amacrial delays m disbursement of funds in this escrow. In order m avoid delays, all findings should be wire transferred. Outgoing o ire trmocrs will not be authn ized until umlirmalion of the respective incouinx mire tra¢ &r or of.vxilability ordeposked checks. Uepirsa at finds unit general s ctim trust account unless em.ted Othmvisc. You may uliwct Fscnw I [older to deposit your funds into an interest bearing account by signing and returning the '(iscrom' lnsuuctioox - Interest Dearing Account'. which has Setif provided In you. It you do mu so instruct us . then all funds received in this escrow shall be deposited pith Omer escrom Ilmds in one car more general esensw Lust ucceunts. ouch include both nmmunercm bearing demand accounts and ether deposi ory accounts of iseranv I[alder, in uric state Or national bank or smings and loan association Insured to Federal Deport Insurance C'ogwralu,i (the "deposhrsry institutions ") and mac he transfined to any tither such etenov trust accounts ill Escrow Ilolder or one Ill its ani lima, enter million or ousidc the Stale of Caldotnt A general escrm, trust ac,nnnl is ratricled and protected ngains claims by third panics and acdiusrs of EJernw Holder and ib affil cola. Receipt of bencrits by Escrow Holder and affiliates. Trip panics bi Ibis escrow acknowledge that the maintenance Of such general escrow trait recants min same depository institutions may result in Escrow I folder nr ifs allllieses being provided milli an array of bank services, aecninmodatws m other benefits by the depaslurw institution. Some or all of these benefits mu)' be considered interest due )su under California Irian rice Cod, Seann 124135. Escrow Holder or its affil nes also may ricer To enter into other business transactions with or obtain Innis for eslincrt or other purposes from the depository institution. All such services, accommodations, and other bene0ts Shall accrue to Escrow Holder or its anilaiet and Escrow Holder shall have mi ohligation to uccount to the hart,. to this escrow I... the value ill'such services. acewmmodauns, nller6l or other benc im Said funds will not earn interest unless the instructions oth,rvvnse specifically stew that funds shall he deposited in an interest-hearing accoum All disbursements shall be made by check of Chicago Title Company The principals To this escrow arc hereby notified coal the funds deposited herein arc insured only to the limit provided by the Federal Dcpisil Insurance Corporation. Any instruction for bank wire mill provide reasonable limo ar notice for F,c,o.v Holder's coordinate, with Such mAroctun. Escrmv Holde /s sole duty and responsibility shall be to place said Dire Iranslcr instructions milk ifs swing bank neon confirmation off I satislacuun Of conditions precedent or (2) does to nt recordation tat close Of ..erns. t:'scrow I [older mill NOT he held responsible Ls lust interest due to wuc deters va ... d by may bank or the Federal Reserve Syeu,n, and recor,acads thin all panics make dive,clkes aware of banking regulations seuh retard to placement M wires. In the Mal there It insufficient umc to place a wire upon any such rnnlminnon or the wires lave closed Pot the day, the panics agree to poiinc siinwcn mswctwns for au alternative method of disbursement. y41 "I'lIUl1'r AN Al-ri J(NAI'IVE D[SBURSFMEN'r INSTRUCTION, FUNDS WILL ID: 111.1.1) IN 'BUST- IN A NON- IN'ITRF.ST BEARING Continued on 1:0110m'ing Pace PROVISIONS ACCUUNf LIN'I'lL '171 NEXT OPPOR'IUNny FOR WINK PLACEMENT 3. PROBATIONS AND ADJUSTMENTS All prmotions mWor adjustments called for in this escrow we to be made on the basis of thirty (30J day month unless othms'ise instructed in writing You arc to we information contained on last available lax statement, rental smtcrosvtt as provided by the Seller. beneftciarys statement and lire Insurance policy delivered into escrow far the provisions provided fonccrcn. 3. SCPPLF.31 GNTAL TAXES The milhin described property may he subjem to supplemental real property loxes due ht Life change ol'mvi ership taking place through this v a previous escrow transaction. Any supplemental real propene taxes arising as a result of the transfer Of the property to Buyer shall be the sure responsibility of Buyer and any Supplemental real property loxes arising prior lit the closing date shall be the sole respomibility ofilic Seller. TAX BILI S OR REFUNOS ISSUED AFTER C'LOSI; OF i:SCROW SHALL RE HANDI ED DIRECTLY BETWEEN BUYER AND SELLER. 4. 171LITl FSIPO \SESSION Transfer Of utilities mid possession of the premises are to h, settled by the parries threutl) and outside execute. S. PREPARATION AND RECORDATION OE INSTRUMENTS Escrmv Holder is ammoriatd to prepare, obtain. mend mid deliver the necessary instruments a earn' out the tens and conditions of this "craw and In order [Ice policy of title insurance in be issued in close of escrow, as called fur in these inmuctiuns. Close Or escrow shall mean the date instruments we rewrdtd. 6. AlIT'HORIZATION TO FURNISH COPIES You me authorlaed to famish copies of these inswction&, supplements. amendments, notices of enunciation and closing statements, to the Real Estate Broker(s) and I.cnder(s) named in this attow. 7. RIGID" OF CANCELI.A PION Any principal instructing you to cancel this acmes shall file notice Of eum:ellation in your office in writing. You shall, within [%a (2) mcrking days Thereafter. deliver. one copy of such notice to each of the ether principals at the addresses stated in this escrow. UNLESS WRITTEN OBJECTION TO CANCELLATION IS FILED IN YOUR OFFICE: BY A PRINCIPAL WITUN TEN (10) DAYS AFFF.R DATE 01: SUCH DELIVERY, YOU ARE AITIIORIZGD TO COMPLY WITH SUCH NOTICE AND DEMAND PAYMENT OF YOUR CANCELLATION CHARGES. If written objection is filed, you are autharieed to hold all money and Instruments in Otis escrow and take no further action until otherwise directed. either by the principals' mutual wriucn instructions, or by final order offs court of eompetentjurisdlction. H. PERSONAL PROPERTY No examination Or insurance as to the amount or payment of person.] property loses is inquired unless specifically requested. B)' signing these Oenerul Provisions, the panic to the escrow hereby acknowledge that they are mdcmnifying The Escrow holder against any and all matters relating to my 'Bulk Sala" requirements, and Internet Kfz .... Agent to proceed with One closing ill escrow minimal any consideration of matter of any nature whasm"t regarding 'Bulk Sdcs' being handled through escrow. 9, RIGHT OF RESIGNATION Fscnnv trader has the right to resign upon written notice ddiyered ur the principals herein. If such right is exerciseA, all funds and documents shall be returned to the party who deposited Them and Fserosv Holder shall have no liability hereunder. III. AV)'i IORIMTICIN 'fO h:\F,CUIF. ASSIGNal OF HA7ARD L \SC KANCE POLK IF,S Either Buyer, Seller andior Lender may hand you the insurance agent's name and insurance policy information, and you an, to exeo,tc, on behalf ill the principals herein. form assignments of mlerest in my Insurance policy (other thim title insurance) called for in this cseruw, lirward assignment and policy in the insurance agent, requesting [list the Inamer consent to such Iran -fen andor mach a lass payable clause andler such other endorsements as mat be required, told forward such policy(s) to tic principals entitled therein. It is not your responsibility la verify, the Information handed you or the assignability of said insurance. Your sole duty is 61 haveard said request to insurance agent at close of escrow. Ponhcr. there shall he no reaponsihliily url n the part of Fscrow I laWcr W rcnnx hzzvd insurance policy(s) upon expiration or otherwise kc.p it to fore. either during nr subsequent to die time at escrow. Cancellation of any crosimg hazard insurance policies as to be handled direc0y by the principals, and outside ufescri I I. ACrioN IN INTERPLEADER The principals hereto expressly acne that well. in Escrow Iloldcr. hart the ahsnlute right at your election In its rat action in mlcrplyzdet requiring the pruwipals to answer and litigate their several claims and rights among themselves and you arc authorized to deposit with the derk of he urn all documents and funds held in this straw. In the ,rent such aehon is tiled. the principals j hilly and severally agree to pay east cancellation charges and costs. expenses and reasonable Attorney's fees which cwm arc acquired w expend or inwr its such inerpleadcr action. the innoanl dereof in he fixed and judgment districts to he tendered by the ootut Upon the fling ill such action, you shall thereupon be fully released and discharged loom all obhgauona imposed by the town of this allow w atberwne 12. "I'F.R\IINA illyN OF AGENCY OBLIGATION' 11 them is no actou taken nn cols screw within vs (b) m.. run title, the -time limit dale' to Set forth in the elms, instnlcti,ns m written extension littoral: your agency obligation shall lerminam at your option and all decanters. monies or offer items field by you shall he returned to the parties dcl outing slew. In Ile event of cancellation of this escmw, ydnaher if be at the request of any of the principals to ouremiew. des fees and charges due Chicago 'fide Company, including expendiwres incurred and/or authorized shall be home equally h)' the panics heath, (unless othcnyise agreed to Speeiliaaily). U. CONFLI(- 1'1. \G INS I "RCCI'IONS Ulnas receipt of any conflicting instructions, you are to take no action in connection with this escrow until non- eun0icting instructions me received Irum all of the principals to this escrow (subject to sections 7, 9, 11 and 12 aMn'd. N. Bla.l\'ERY /REC'EIPl' Delivery u, principals on used in these inswuolions unless otherunc stated herein ism be by hand in room m the principal. regular mail, email or fax to any ol'the contact inhumation provided in these instructions. If deivered by legator mail wcsipl is determined to be 72 hours offer such audit., All documenm balance, and smtemcnss due In the undcrigned cony, he delivered to the contact infxrmmion shown herein, All notices. change of instructions, communtcatinns and documents me to be delrycmd in ,tiring In the o0lee of ('hies go "fills Cnmpsny an set fiodm herein. 15. ST\ IT7Ff: L D ERA CODE NOl "1 Fl (:AT ION'S According in Federal Law, the Seller, when applicable. will be required In complete a sales actirit'report that will be utilized m generate a 1190 stalemcut m the Internal Revenue Sen ice Puaumt In Sale Law, prior to the clese of escrow. Buyci will poir ide Lnerew I lolder with a Preliminary' Change otOwnerihip licpon. In the event said report is not handed to Escrow I loldcr for submission to the Count in which subject property is Irsenmd, upon recording of the Grant Decd. Rap'ars acknowledge that the applicable lie will be assessed by said C\mnn. and Escrow 1folder shall debit the account of Buser for same at 1:111 1c of cwrelr 16. NON -R ES 10 KN'I' ALIEN The Foreign Inv, -Vitas in Real Property 'I ax Act (FIRP I'Ay 'I life ' -b 11 S.C.. Steuart 1441, and the regulations thereunder, provide in part, that a transl"crce (buyer) of a U.S. real property interest from a foreign person Oxon- wsidem alien) most withhold a tin equal In Ice percent (10 %) of the amount realized ,n the disposition, report the transaction and remit the withholding Ili the Internal Revenue Service within Plenty (20) days CnNinued on Following Page olltt We transfer. Chicago Title Company has out and will not participate in any determination of whether me FIR 111 A tax provisions arc applicable to the subject transaction, nor no as a Qualilied Substitute nor famish lac advice to any puny to the transaction. Chicago Title Company is not responsible fit determining whether the transition will qualify for an exception or an exemption and is not respomible fur the fling of any tax forms with the ]memo[ Revcoue Service as they relate to IRRPTA. Chicago Tide Company is not the agent for the Buyer for the purposes of receiving and analyzing any evidence or documentation that the Seller in me subject transaction is a U.S. citizen or resident alien. The Buyer is advised they must independently make a determination of whether the+conlemplated Ransa Lion is taxable or man - taxable and the applicability ofthe withholding requirement in the subject trmsaV ooh. and should seek the advice of their attorney or accountant. Chicago Title Company is not responsible for the payment of this tax midfor penalty andinr interest incurred in connection therewith and such tines are not a matter nwered by the Owners Policy of 'rifle Insurance to be issued to the Buyer. The Buyer is advised grey bear loll responsibility for mmpiiana' with the tax withholding requirement it applicable andror far payment of any tax, interest. penalties andror other expenses flail may be due on the subject transaction. 17. ENCUMBRANCES liscrow Ilalder is to act upon my slmon nts famished by u Iienholdo ar his agent wifloul liability nr responsibility fur the accuracy of such statements. Any adjustments necessary because of a discrepmc between the information furnished Below Holder and any amount Iota determined m be correct shall be -witted between the panics direct and outside of escrow. You me authorized, without the need for further approval, to debit of account lilt any Ices and charges that I have agmed to pay in connection with this escrow, and I'm my mmounis that I am obligated to pay to the holder of any lien or cmumloom" to establish the title an insured by the policy of title inurance called Err in these instruction, If for arts reacun my account is nor debited for such mounts at the time of clearing. 1 agree to pay them immediately upon demand, or to reimburse my other person or chilly who has paid them. lg. FNVIRONMENTA2- ISSUES Chicago 'I "file Campony has made no investigation concern ing said property as is cnvi roil menWVioxic lsa issues. Any due diligence required or needed to determine rnvirmmrntal nnpml as to forms at taxilicmion. if applicable. will be done directly and by principals outside of escrow. Chicago Title Company is released of any responsibility and /or liability in cnmection therewith . 19. USURY [:Screw Ifolder is not to be concemed with my questions of usury in may Iran or encumbrance involved in die processing of this escrow and is Iwrchy released crazy responsibility or liability Uxreforc. 20. DISCLOSURE liscrow I folder's know ledge of matters affecting the property, provided such fops do not prevent compliance with these metabolism, does nth creme any liability or duly in addition Iu rbine instructions, 21. FACSIMILEIF- LECERONIC SIGNATURE liscrow llnlder is hereby authorized and inswaed that. in die event any party utilizes electronic or 'facsimile" transmitted signed documents or instructions to Escrow Holder, you out to rely no the same for all escrow instruction purposes and the closing of arrow as if they bore original signatures. "F]edronie Signature' mans, as applicable, an cleclrohic copy or signature complying with California Law 22. CLARIFICATION OF DIMES Chicago Title Company serves ONLY as an Escrow Holder in cormcomn wills these instructions and carrot give legal advice to my puny hence 1 screw Holder is net m be held acounn abic or liable for the sufficiency or correctness as In fain, manner or execution, or validity of any instrument deposited in this escmw. nor m to the identify, authority or tights of my person executing die same. Escrow I [aide" duties hereunder shall he limited Ia the proper handling at such money and the proper setekeeping of such instruments, or other documents received by Escrow Holder. and for the disposition of same in accordance with the written instructions mcrptcd by Escrow I loldcr. The agency and duns of Escrow Balder commence only upon receipt -forgoes of Ulm Gorrwy hsscor ions executed by all panics. 21 FUNDS DFLI) IN ESCROW impose a monthly holding Yee of f25.00 that is to be charged against the V, b" she wmpmq has funds remaining in escroae over 90 days funds held by the Company Am dose of cscroo or estimated cline of acrao. the Company shall THIS AGRFL'MFN "T IN ALL PARTS APPLIES TO, INURES TO THE BENEFIT OF, AND BINDS ALL PARTIES HERETO. THEIR HEIRS, LEGATEES, DEVISEES, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, AND WHENEVER THE CONTEXT SO REQUIRES THE MASCULINE GENDER INCLUDES THE FEMININE AND NEUTER, AND THE SINGULAR NUMBER INCLUDES ']'HE PLURAL. THESE INSTRUCTIONS AND ANY OTHER AMENDMENTS MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS. EACH OF WHICH SHALL BE CONSIDERED AS AN ORIGINAL AND BE EFFECTIVE AS SUCH. MY SIGNATURE HERETO CONSTITUTES INSTRUCTION TO ESCROW HOLDER OP ALL TERMS AND CONDITIONS CONTAINED IN THIS AND ALL PRECEDING PAGES AND FURTHER SIGNIFIES THAT I HAVE READ AND UNDERSTAND T "HLSE GENERAL PROVISIONS. CHICAGO TITLE COMPANY conducts escrow business under a Certificate of Authority No. 350 issued by the California Department of Insurance. RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Bay City Partners LLC c/o James Parkhurst 1501 E. 16th Street Newport Beach, CA 92663 APN: 043 - 172 -12 QUITCLAIM DEED THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11911 AND SECTION 19122 OF THE CALIFORNIA REVENUE AND TAXATION CODE; AND THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 6103 AND 27383. The CITY OF SEAL BEACH does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to BAY CITY PARTNERS LLC, a California limited liability company, all of its right, title and interest in, under and to that certain real property located in the County of Orange, State of California, more particularly described on Exhibits A and B. attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, the undersigned has executed this Quitclaim Deed as of the date set forth below. Dated: Dg-a kW 1q 2017 CITY OF SEAL BEACH By: Y Y (Jbfl R. Ingram City Manager City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of Orange ) On k_,1Ci2em6r aO before me�'A i Yl I ()P)6121& �� �� (insertna aand title of heofficer) Notary Public, personally appeared : I i1Ctr Ali 1 who proved to me on the basis of satisfactory evidence to be th4ersonN whose name() is /arc- subscribed to the within instrument and acknowledged to me that he/she /01ey executed the same in his/her /their authorized capacity(•ies), and that by4is / her /Ekeif signature(s) on the instrtunent the person"(s), or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the.foregoing paragraph is true and correct. WITNESS my hand and official seal. ROBIN LYNN L'OB6 COMM. #2Notary Publ c . Orange Signature t J L �t I Ci / (Sea Comm k t Kes Exhibit "A" LEGAL DESCRIPTION FOR THE VACATION OF A PORTION OF FIRST STREET THAT PORTION OF FIRST STREET, A PUBLIC RIGHT OF WAY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 197 7, IN BOOK 12115, PAGE 2D3, OFFICIAL RECORDS OF SAID COUNTY, MORE PARTICULARY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF PARCEL 3 OF CERTIFICATE OF COMPLIANCE NO- 2009- 01, RECORDED MARCH 10, 2009, AS INSTRUMENT Nn_ 2009000109534, OFFICIAL RECORDS OF SAID COUNTY, SAID CORNER ALSO BEING AN ANGLE POINT IN THE NORTHWESTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE NORTH 4'04'Sl' WEST ALONG THE FAST ERLY LINE. OF SAID PARCEL 3 AND THE NORTHWESTERLY LIN} OF THAT LANE, DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 29.50 FEET TO A POINT ON A LINE PARALLEL WITH AND 40 -00 FEET SOUTHWESTERLY OF THE TANGENT OF THE CFN7ERUNF CURVE OF MARINA DRIVE AS SHOWN ON RECORD OF SURVEY NO. 2402 -1090, AS PER MAP RECORDED IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE SOUTH 43'01'03' EAST ALONG SAID PARALLFL [INF., 40.15 FFFT; THFNCF SOUTH S°Zl'49" EAST, 3054 FEETTO A POINT PARALLEL WITH AND 30.00 FEET NORTHWESTERLY OF THE CENTERLINE OF FIRS? STREET AS SHOWN ON SAID CERTIFICATE OF COMPLIANCE NO. 2009-01, SAID PARALLEL LINE ALSO BEING THE SOUTHEASTERLY L114E OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION; THENCE SOUTH 32 °17'25" WEST ALONG SAID PARALLEL LINE AND SOUTHEASTERLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 319.40 FEET TO A POINT BEING THE ANGLE POINT IN THE SOUTHEASTERLY LINE OF PARCEL 6 OF SAID CERTIFICATE OF COMPLIANCE NO. 2009 -0L AND THE MOST SOUTHERLY CORNER OF THAT LAND OFSCRIBED IN SAID ORDER OF CONDEMNATION; THENCE NORTH 25 °22'45" EAST ALONG THE SOUTHEASTERLY LINES OF PARCELS 6, Y, AND 3 OF SAID CERTIFICATE OF COMPLIANCE AND THE NORTHWFSTf RLY LINE OF THAT LAND DESCRIBED IN SAID FINAL ORDER OF CONDEMNATION, 332.42 FEETTO THE POINTOF BEGINNING. THE LAND DESCRIBED HEREIN CONTAINS 7,145 SQUARE FEET, MORE OR LESS, SEE EXHIBfT B ATTACHED HERETO AND BY THIS REFERENCE MADE APART HEREOF. Exhibit B CO J� \ ND4'04'51'W �\ / 29.50' pp \ \ P.O.S. - � \ CI l,'.IFICAII. 0; ryj1,1 ?i tANr,; PIC. 7-0,1119- 01 SOS'21'49"E\ -ED J; ID /cs P8 I 30.54' \ INiYR AIEN1 NO 10 1001 q9 ;.SA, O k. Tr \ \ \ pt-Sik.• ctE.,;.'r 04gl�. ' \ c� �l�c wL 0 ��� �. \ (}�0�. \ \ s > A, Ovq,NQ V. r,ICn� ti? •r \ Qy '1 No. 5411 // Gam-- /0-/5-/5 ! RY CASE, LS 5411 GATE Case &Bd ASurveyrng, %DC. PLAT FOR THE VACATO OF A PORTION OF FIRST SIRM r =ro 81ey09 118Y➢169 oAS 8m.leea BEND A PORTION OF THAT LAND OESCR$ED IN FVI ORDER sw EthheR St on9e. CA. 92 ma a CONDEALNATION RECORDED MARCH 23, 1977, IN BOOK Tat R(14)) 828 -soap 12115, zAGE 201. MFWW. RECORDS OF ORANq MINTY 10/115/15 Pu (T14) 828 -8906 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Attn: City Clerk QUITCLAIM DEED THIS DOCUMENT IS EXEMPT FROM DOCUMENTARY TRANSFER TAX PURSUANT TO SECTION 11922 OF THE CALIFORNIA REVENUE AND TAXATION CODE; AND THIS DOCUMENT IS EXEMPT FROM RECORDING FEES PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTIONS 6103 AND 27383. BAY CITY PARTNERS LLC, a California limited liability company, does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to the CITY OF SEAL BEACH, all of its right, title and interest in, under and to that certain real property located in the County of Orange, State of California, more particularly described on Exhibits A and B attached hereto and incorporated herein by this reference. i IN WITNESS WHEREOF, the undersigned have executed this Quitclaim Deed as of the date set forth below. Dated: S, 2017 BAY CITY I� C M , Member Parkhurst, Member M. M ACCEPTED: CITY OF SEAL BEACH By: 1 NIP. Ingram ty Manager FORM: Craig A. Steele City Attomey A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On ()eToa3 z_ X, 400 before me, J 2T7 l 10WS;fJ71,WL a Notary Public. personally appeared who 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 /shefthey executed the same in his/her /tlteir authorized capacity(ies), and that by his /herhl it signature(s) on the instrument the person(S), or the entity upon behalf of which the person(S) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ` JUDI LOWENTHAL ' Cw1.,.A 2095215 r�pp N? °NOTARY PUBLIC •CALIFORNIA- COUNTY � � ORANGE Signature MY Comm. lip. JAN. 26t 10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On 5 L937- , before me, zozai�- ✓7 -jar a Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /sheAhey executed the same in hisAwB4keiT authorized capacity(ies), and that by his/herA4eir signature(g) on the instrument the person(fr), or the entity upon behalf of which the person(o acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. J DI LDWENTHAL _... o CoettA. q 2095215 NOI VLBLI-CALIFORNIA Signature � CO NN Of ORNGE /Vp I MY CORM, Eir. JAN, 36, 1018" A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness accuracy, or validity of that document State of California County of Orange On b before me, TJclp /l�J��7ry.'� a Notary Public, personally appe edTk/n65 RJ <L4/ , a T- who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. _ w JUDI LOWENTHAL CNN; 9 2095215 NOTARY PUBLIC-CALIFORNIA N ' COUNTY OF ORANGE Mr LONN. EAP. JAN. 25, 2019 "' Signature A notary public off -other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On Je -i"'r- / v before me, 75�,r2>1 Z l0,52d7l -l/,z a Notary Public, personally appeared A::y1G who proved to me on the basis of satisfactory evidence to be the persons) whose name(4 is /are subscribed to the within instrument and acknowledged to me that he /shdthey executed the same in his /her/their authorized capacity(ics), and that by his/herhlTDlr'signature(�) on the instrument the person(-s), or the entity upon behalf of which the person(t) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JUDI LOWENTHAL Signature G CoMM. R 2095215 'E g N ARY PUBLIC CALIFORNIA N COUNTY OF ORANGE / Co `�s MY CONN..EIP. JAN. 26. 2918 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On /7; 2Z , before me, aL12)/ a Notary Public, personall y as peued GlJ-j;t1' /1TlC //Y0 >J who proved to me on the basis of satisfactory evidence to be the person(a) whose name(a) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his/her /their authorized capacity(iQa), and that by his/her /the "ignature(a) on the instrument the person(s., or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. JUDI LOWENTHAL m #_ Comm.I 2095215 �pp NOTARY PUBLIC -CALIFORNIA COUNTY Of ORANGE UI MY Comm. EtP. JAM. 75, 2019' Signature A notary public of -other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange On before me, , a Notary Public, personally appeared , who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ' WIINESS my hand and official seal. Signature EXHIBIT A DRIVEWAY PARCEL A'STRIP OPLAND 40.00 FEET WIDE INBLOCK B OF BAY CTIY; IN THE CITY OF SEAL, BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, PER MAP RECORDED IN BOOK 3,. PAGE 19 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE SOUTHEASTERLY LINE OF WHICH STRIP OF LAND IS DESCRIB ED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE EXTENSION OF THE SOUTHEASTERLY LINE OF FIRST STREET AND THE SOUTHWESTERLY LOPE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON THE MAP OF SAID BAY CICY; THENCE, NORTH 54 °44' 12" WEST, 13,95 FEET ALONG THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SHOWN ON RECORD OF SURVEY NO. 2002 -1090 FILED AS INSTRUMENT NO. 2003000516244 IN BOOK 193, PAGE 47 OF RECORDS OF SURVEY IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, STATE OF CALIFORNIA, TO THE TRUE POBJT OF BEGINNING, SAID POINT ALSO BEING AT THE INTERSECTION OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 500:00 FEET WITH A RADIAL TO SAID CURVE AT SAID POINT BEARING NORTH 58 415'19" WEST; THENCE, SOUTHWESTERLY, 106.IS FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF I2 009'49" TO A POINT. OF COMPOUND CURVE WITH A CURVE CONCAVE NORTHWESTERLY. AND HAVING A RADIUS OF 200.00 FEET, A RADIAL THROUGH SAID POINT OF COMPOUND CURVE BEARING NORTH 46 °05'30" WEST; THENCE, SOUTHWESTERLY, 2235 .FEET' ALONG SAID 200.00 -FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE OF 6°24'07" TO A POINT OF`TANGENCY WITH A LINE 13EAIRING SOUTH 50 °18'37" WEST; THENCE, SOUTH 50 618'37" WEST ALONG SA]D TANGENT LINE 4177 FEET TO A POINT OF TANGENCY WITH A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 90.00 FEET; THENCE, SOUTHWESTERLY, '17.9& .FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 11 026152" TO A POINT OF REVERSE CURVE WITH A CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 400.00 FEET, A RADIAL THROUGH SAD? POINT OF REVERSE CURVE BEARING, SOUTH 29 "IW31" EAST; THENCE, SOUTHWESTERLY, 78.24 FEET ALONG SAID 400.00 -FOOT RADIUS CURVE THROUGH A CENTRAL ANGLE. OF 11 012'25" TO T11E SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY NO, 2002.1096. THE NORTHWESTERLY LINE OF SAID 40.00 -FOOT -WIDE STRIP SHALL BE LENGTIENED OR SHORTENED TO TERMINATE SOUTHWESTERLY IN THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY AND NORTHEASTERLY IN THE SOUTHWESTERLY LINE OF SAID OCEAN AVENUE.. CONTAINING 10,233 SQUARE FEET, MORE OR LESS, ALL AS MORE PARTICULARLY SHOWN ON EXHIBIT B ATTACHED HERETO AND MADE A PART HEREOF. SCALE: 1" = 50' EXHIBIT B ,0() ,1 MAP OF BAY CITY POR. OF BLOCK B M.M. 3 / 19 O 10 ��,® (RAD PRC) 0 DELTA RADIUS LENGTH L) BEARING DISTANCE 1 12' 09' 49' 500, 00' 106, 15' 1 S50' 18' 37' W 42. 77' 2 6' 24' 07' 200, 00' 22,351 2 N21.50' 35' W 41, 78' 3 11'26'52' 90, 00' 17. 98' 3 N50. 18' 37' E 42. 77' 4 116 12'P5' 400, 00' 76. 24' 4 S54' 44' 12' E 40, 08' 5 9' 33' 41' 440. 00' 73, 43' S 554.44' 12' E 13. 95' 6 11' 26' S2' 30. 00' 9199, 7 6' 24' 07' 160. 00' 17. 88' 8 12' 28' 13' 460. 00' 100. 12' 3p 4/ 0 CFq O CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 FAnwolltary public or other officer completing this certificate verifies only the identity of the individual who signed the document ich this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California 1 Countyofn On Dc t�} before me, l"Y`7JtYL r)t Date j He Ye Insert Name and Title of the Okicer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person, whose name is /are subscribed to the within instrument and acknowledged to me thaTtre /she /they executed the same iri his /her /their authorized capacity(fes), and that by-his /her /theiFsignaturejs) on the instrument the person(s), or the entity upon behalf of which the personN acted, executed the instrument. ROBIN LYNN ROBERTS COMM. #2078186 z Notary Public - California o Z Orange County M Cerntn, RNtifes Be ,18 201E Place Notary Seal and /or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature d 7 Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Title or Type of Documei Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signerls) Signer's Name: 1 �(m Kt� (l l-'. 1 n(A Cvm ❑ Corporate Officer — Title(s): • Partner— ❑ Limited ❑ General • Individual ❑ Attorney in Fact • Trustee /a Guardian of Conservator r. V'��1 1C� Ai Other f1CLC r Signer is Representing: 02017 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited D General • Individual ❑ Attorney in Fact • Trustee ❑ Guardian of Conservator • Other: Signer is Representing: