BEVERLY HILLS - Granicus

BEVERLYHILLS

AGENDA REPORT

Meeting Date: November 6, 2018

Item Number: G-2

To: Honorable Mayor & City Council

From: Susan Healy Keene, AICP, Director of Community Development

Subject: AN APPEAL OF THE PLANNING COMMISSION’S SEPTEMBER 14,2017 DECISION DIRECTING STAFF TO RECORD A NOTICE OFVIOLATION PURSUANT TO SUBDIVISION MAP ACT §66499.36 FORAPN 4391-028-012

Attachments: 1. Request for Continuance2. Appeal Petition3. Planning Commission Staff Report: September 14, 20174. Correspondence from Owner’s Representative: September 19,

20165. Correspondence from Owner’s Representative: November 22,

20166. Correspondence from City: January 9, 20177. Correspondence from Owner’s Representative: February 10, 20178. Correspondence from Owner’s Representative: April 14, 20179. Location Map10. Assessor’s Parcel Map11. Photo of Subject Area12. Ordinance No. 32913. Ordinance No. 50314. Ordinance No. 81115. Tract Map No. 2136016. Ordinance No. 105817. Ordinance No. 107518. Lot 99 Grant Deed (1959)19. Subdivision Map Act Section 66499.3620. Preliminary Title Report, dated April 27, 201621. Draft Notice of Violation22. Applicant-prepared Timeline of Relevant Events and Supporting

Documents

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RECOMMENDATION

It is recommended that the City Council decide whether to grant an additional continuance ofthe appeal hearing pursuant to the applicant’s request.

The applicant submitted a request that the appeal hearing be continued from the May 1, 2018City Council hearing while they prepared to submit a request for entitlements in an attempt toresolve the subdivision violation. At the meeting, the City Council granted the requestedcontinuance and set the appeal hearing date for November 6, 2018. Subsequently, theapplicant submitted to the City a request for entitlements on June 13, 2018 in an attempt toresolve the subdivision violation and to construct an accessory structure on the subject property.The requested entitlements include Variances, a Trousdale R-l Permit, an Accessory DwellingUnit Use Permit, and a Lot Merger/Lot Line Adjustment. The application was reviewed by Citystaff and deemed incomplete and a correction letter was issued on July 12, 2018. On October17, 2018, Mr. Fischer submitted a written request (Attachment 1) to continue the appeal hearingto a future date to provide for additional time to review the corrections issued by the City andsubmit revised plans. The applicant submitted revised plans to the City on October 23, 2018and these plans are currently under review for completeness. When the application is deemedcomplete, the requested entitlements will be scheduled for a hearing before the PlanningCommission. If the Council chooses to grant a continuance to allow for more time for thePlanning Commission to review a project at the site, staff recommends that the hearing becontinued to the Council’s first meeting in May 2019 to provide the applicant sufficient time toprepare a complete set of plans responsive to staff comments and to conduct a hearing beforethe Planning Commission. Staff does not recommend any further continuances beyond May2019, as ample time will have been provided by the City for the applicant to develop a resolutionto the subdivision violation issue.

In the event that the City Council wishes to proceed with the appeal hearing as scheduled, it isrecommended that the Council uphold the Planning Commission’s determination that thesubject property was illegally divided and direct staff to record a Notice of Violation with the LosAngeles County Recorder,

BACKGROUND

On May 16, 2016, the City received a request from Vance Owen, property owner, for certificatesof compliance related to certain land within the City bearing Assessor’s Parcel Numbers (APN)4391-028-020, 4391-028-012, and 4391-028-008. The three parcels were created by grantdeed in the late I 950s by dividing the subject parcels from three larger lots created by a City-approved tract map that had lot frontage on Hillcrest Road within the City of Beverly Hills. Thethree subject parcels were held back by the original subdividers of Trousdale Estates, theTrousdale Construction Company and Texas Construction Company, when they sold the frontportions of the three lots fronting on Hillcrest Road for development in the 1950s.

On September 19, 2016, the Property Owner’s representative submitted a letter (Attachment 4)in response to a meeting held on September 15, 2016, during which the City expressed intent toimpose conditions on the requested certificates of compliance. The letter expressed theirposition that APNs 4391-028-020, 4391-028-012, and 4391-028-008 were lawfully created andthat the City may not impose any conditions on the requested certificates of compliance. OnNovember 22, 2016, the Property Owner’s representative submitted a follow-up letter(Attachment 5) re-stating their position that such parcels were lawfully created and inquiringabout the status of the certificates of compliance.

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On January 9, 2017, the City issued a response to the requested certificates of compliance anda Notice of Intention to Record a Notice of Violation (Attachment 6) against APN 4391-028-012.The City found that the parcel was created in violation of Ordinance No. 1058, adopted onFebruary 3, 1959 and effective March 6, 1959, which established subdivision regulations for anydivisions of land of not more than four lots and required City approval of a map for all suchsubdivisions. Such notice was sent pursuant to the requirements of Section 66499.36 of theSubdivision Map Act. The grant deeds resulting in the subdivision of parcels located directlyadjacent to the subject parcel (APN 4391-028-008 to the north and APN 4391-028-020 to thesouth) occurred prior to the effective date of Ordinance No. 1058. While such subdivisionsappeared to violate Tract Map No. 21360 (Attachment 15), which created the parcels in theTrousdale Estates, they were created prior to the effective date of Ordinance No. 1058, whichrequired a City Engineer approval of any map resulting from a subdivision of four or fewerparcels.

On February 10, 2017, the Property Owner’s representative submitted a response in objectionto the Notice of Intention to Record a Notice of Violation against APN 4391-028-012, which isincluded as Attachment 7 of this report. On April 14, 2017, the Property Owner’s representativesubmitted a follow-up letter (Attachment 8) reaffirming their objection to the City’s determinationthat the subject parcel was created in violation of Ordinance No. 1058.

On July 10, 2017, the Property Owner’s representative agreed via email to a hearing date onAugust 10, 2017. However, the hearing was subsequently continued to September 14, 2017 bythe Planning Commission on advisement from the City Attorney’s office that outside legalcounsel should be retained for the Planning Commission to ensure due process to the propertyowner, as discussed below.

Planning Commission SynopsisThe purpose of the Planning Commission hearing was to determine, based upon the City’sinformation and Property Owner’s presented evidence, whether the subject parcel (APN 4391-028-012) was illegally subdivided. If the City determined that the parcel APN 4391-028-012 wasillegally subdivided, then the City would move forward with recording the Notice of Violationagainst the parcel with the County Recorder. If the City determined that the parcel was notillegally subdivided, then the City would prepare a clearance letter indicating that there was nosubdivision violation.

At the Planning Commission meeting on September 14, 2017, the Property Owner’srepresentatives, attorneys Murray Fischer and David Bolstad, submitted a timeline andsupplemental documentation (Attachment 22) to support their position that the parcel wassubdivided legally at the time the grant deed was issued. Additionally, they submittedinformation on the court case Nightilfe Partners, Ltd. v. City of Beverly Hills, which concludedthat in order to protect due process rights, a “hearing officer shall not be advised by any personwho has served as City’s advocate in this or any related case.” In accordance with the CityAttorney’s prior recommendation, and due to the City Attorney Office’s involvement in advisingstaff on this matter, Mr. Alan Seltzer had been retained to advise the Planning Commissionduring the hearing on this matter to ensure that there was no violation of the Property Owner’sdue process rights. Similarly, Mr. Seltzer has been retained to provide legal counsel to the CityCouncil when this matter is considered.

The Property Owner’s representatives provided testimony at the September 14, 2017 PlanningCommission hearing regarding the bona fide purchase of the property in 2008, assignment of

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parcel numbers by the Los Angeles County Assessor, tax payments, and prior City knowledgeof the subdivision. This included testimony from Joe Tilem, who represented the property ownerof 1151 Hillcrest Road in 1993 regarding a project on that property that is described later in thisreport. Mr. Tilem testified that a lot split that resulted in the parcel that is addressed 1151Hillcrest Road and the parcel that is identified as APN 4391-028-012 was approved by Ed Tufte,who was the City Engineer at the time, and that it was subsequently approved by the CityCouncil, and signed by the City Clerk confirming the validity of the lot split. This information wasused as the basis to request a certificate of compliance in 1993, which was never completed orissued by the City and no such documentation has been provided, or discovered uponsubsequent research, to verify this information. Information was also provided by the PropertyOwner’s representatives regarding a desire to detach the property from the City of Beverly Hillsand annex it into the City of Los Angeles, as well as the Property Owner’s desire to develop theproperty and the desire to identify a remedy to the existing situation to provide for thatopportunity.

The Planning Commission considered the testimonies presented at the hearing and evidencesubmitted prior to and during the hearing. Additionally, the Planning Commission acknowledgedthe Property Owner’s desire to develop the property, but determined that the intent of thehearing was to determine if the property had been illegally subdivided via grant deed and wasnot related to any future development potential. Based upon the testimony and evidence, thePlanning Commission found that the information in the staff report demonstrated that the parcelhad been subdivided in violation of the City’s subdivision ordinances in place at the time andthat the applicant’s testimony was insufficient to prove that the parcel had not been subdividedillegally. As such, the Planning Commission unanimously directed staff to record a Notice ofViolation pursuant to Subdivision Map Act §66499.36 for APN 4391-028-012, located in theTrousdale Estates Area of the City, based upon the submitted evidence. It should be noted thatCommissioner Shooshani did not participate in the proceedings to avoid any appearance of aconflict because an adjacent parcel is owned by members of his extended family.

On September 26, 2017, Murray Fischer, attorney of the property owner, filed a timely appeal ofthe Planning Commission’s decision. On October 17, 2017, the City Council set the appealhearing for January 9, 2018.

City Council SynopsisOn December 19, 2017, Mr. Fischer submitted a written request to continue the appeal hearingfor a period of two months to allow additional time for the property owner to bring the subjectparcels into compliance with the City’s current subdivision requirements and to further developarchitectural plans for an accessory structure and/or an addition to the existing single-familyresidence located at 9304 Warbler Way in the City of Los Angeles.

On January 9, 2018, the City Council discussed the connection between the applicant’s requestfor continuance, which would allow time to develop architectural plans for an accessorystructure, and the subdivision violation. The applicant shared with the City Council that they hadbeen in discussions with City staff to identify solutions to the subdivision violation and requiredadditional time to develop plans that complied the required conditions identified in the City’sJanuary 9, 2017 letter. Subsequently, the City Council decided to continue the hearing to thefirst meeting in May; the hearing could not be scheduled earlier due to Council and staffingconflicts.

On April 19, 2018, Mr. Fischer submitted a written request to continue the appeal hearing aspreliminary documents have been provided to the City that outline a potential remedy to the

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violation. Based on information provided by the applicant, the proposed project would requirereview by the Planning Commission for variances from certain Trousdale Estates developmentstandards (construction off of a level pad, grading, front yard paving, and wall height) and aTrousdale R-1 Permit to locate an accessory structure within 100’ of a front property line. TheLot Merger application would be reviewed concurrently with the variances and Trousdale R-1Permit.

On May 1, 2018, the City Council held a public hearing regarding the matter and received a staffpresentation outlining the Planning Commission’s determination on the subdivision violation andthe current status of the applicant’s coordination with the City on submitting plans in an attemptto resolve such violation. Subsequent to staff’s presentation, Mr. Fischer provided additionalinformation on the applicant’s attempt to legalize the subject properties and on the status of afuture project submittal to the City. The Council asked questions of staff regarding the intentand purpose of the subdivision violation, access to utilities for any future development on theproperty, and general implications that may arise with a dual jurisdiction property.Subsequently, based upon the applicant’s request, the City Council decided to continue theappeal hearing to November 6, 2018.

On June 13, 2018, responsive to statements made by the applicant in writing and at the May 1,2018 City Council hearing, the applicant submitted for a number of entitlements in an attempt toresolve the subdivision violation and to construct an accessory structure on the site. Theapplication was deemed incomplete on July 12, 2018. On October 17, 2018, Mr. Fischersubmitted a written request to continue the appeal hearing to a future date to provide foradditional time to review the corrections issued by the City. Revised plans were submitted tothe City on October 23, 2018 and are currently under review for completeness.

DISCUSSION

Based upon Planning Commission and Planning Division review of City records and thematerials submitted by the property owner as part of the request for certificates of compliancefor the three parcels, it has been found that parcel APN 4391-028-012 was created in violationof the City’s subdivision ordinances in effect at the time the original subdivider deeded the frontportion of the lot to George Stephens and retained ownership of the rear portion of Lot 99. Suchdivision was found to be in direct contravention of Ordinance No. 1058, which required a mapfor the division of four or fewer parcels and required City Engineer approval of a map for all suchsubdivisions.

A full explanation of all legislative history relevant to this matter is provided in the City’s January9, 2017 letter to the property owner (Attachment 6).

The division of Lot 99 by deed violated the City’s subdivision ordinances in effect at that timebecause no subdivision map was submitted for review and approval by the City Engineer.Thus, the deed transfer creating the property now referred to as APN 4391-028-012 constitutedan illegal subdivision, Further, the deed transfer resulted in a substandard parcel that did notcomply with the City’s subdivision standards at the time. As such, the transfer was in violationof the City’s local subdivision ordinance, and in direct contravention of the tract map forTrousdale Estates (Tract Map No. 21360), which was approved in 1955.

The applicant’s presumption, expressed in letters dated September 19, 2017 and February 10,2017, that parcels created prior to March 4, 1972, were lawfully created does not apply to thesubject property. The deed transfer violated the City’s subdivision ordinance in effect at the

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time of the illegal transfer that required a subdivision map for division of land creating between 2and 4 parcels and conflicted with City-approved Tract Map No. 21360.

The City concluded in its January 9, 2017 letter to the property owner that each of the threeproperties subject to the owner’s request are only eligible for conditional certificates ofcompliance pursuant to Government Code Section 66499.35(b). This Government Codesection gives the City the authority to impose the City’s subdivision standards in effect onFebruary 22, 2008, the date the property owner acquired the properties. In the January 9, 2017letter, the City outlined conditions that it intended to impose on each of the three parcels forwhich the owner had requested a certificate of compliance. The letter outlined the specificcriteria that the City intended to impose on the parcel that is the subject to this notice of violationhearing (APN 4391-028-012).

Prior City Action on 1151 Hillcrest RoadOn March 28, 1983, the City issued a certificate of occupancy for a new single-family residenceconstructed on the property located at 1151 Hillcrest Road.

On April 28, 1993 the Planning Commission approved a second-story addition to the single-family residence constructed in 1983. The staff report acknowledged the existence of the tearportion of the property and referenced a grant deed reflecting a 1952 sale of the additionalportion of the property. The 1993 Planning Commission staff report further indicated that thecreation of the parcel occurred before the Trousdale Estates Area was annexed into BeverlyHills, was not subject to local Beverly Hills Ordinances, and was eligible for a Certificate ofCompliance.

However, a 1952 grant deed as described in the 1993 staff report has not been located in theCity’s records and is not identified in the preliminary title report supplied by the property owner(Attachment 20). As such, staff has not been able to verify the information contained in the1993 staff report. The 1993 staff report statement is inconsistent with the evidence submittedby the Applicant for the current request for Certificates of Compliance and is inconsistent withthe research of City records conducted by staff, in part because the overall lot (Lot 99) was notcreated until December 1955, with the recordation of Tract Map No. 21360. Nonetheless, itshould be noted that the Subdivision Map Act (Govt. Code Section 66499.35 (c)) provides that acertificate of compliance shall be issued for any real property that has been approved fordevelopment. Thus, the portion of Lot 99 fronting on Hillcrest Road, having been issued apermit for construction and having been developed, would be entitled to a certificate ofcompliance.

AnalysisBased on the timeline of actions identified outlining the legislative, subdivision and grant deedhistory applicable to the subject parcel, the available evidence indicates that the subject parcelwas subdivided illegally after the City had established a map requirement for the division of fouror fewer parcels. Although there was a prior City report suggesting that the parcel was createdlegally, the basis for this prior City assumption was that the subject parcel was created by grantdeed in 1952, which was before the Trousdale Estates area was annexed into the City (1955)and before the City had adopted Ordinance No. 1058, which required a map for the division offour or fewer parcels.1

1 In addition to the lack of a parcel map for the creation of the subject parcel, it was noted at the PlanningCommission meeting that the subject parcel also likely violates the Subdivision Map Act based on case law regardingsuccessive subdivisions. When contiguous parcels are successively divided by the same subdivider, earlier divisions

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However, all available information indicates that the subject parcel was created by deed inAugust 1959. The Trousdale Estates area was annexed into the City in 1955 and Tract MapNo. 21360 was recorded in that same year. Therefore, the existence of the alleged 1952 deedappears unlikely, and in fact no such deed has been located or provided in the record of theseproceedings.

Additionally, any certificate of compliance that may be issued would be conditional and subjectto compliance with the criteria listed in the January 9, 2017 letter (Attachment 6). The subjectparcel, in its current configuration, does not comply with the required criteria. The applicant hasmet with City staff on various occasions to discuss potential remedies to the Notice of Violation.Subsequently, the applicant submitted for a number of entitlements in an attempt to resolve thesubdivision violation and to construct an accessory structure on the site.

Notwithstanding the foregoing, if the City Council decides to proceed with the appeal hearing asscheduled, the conclusion of City staff is that, currently, there is a violation of the SubdivisionMap Act and a Notice of Violation should be recorded against the property through the LosAngeles County Recorder, in the form generally as set forth in Attachment 21 to this report.

FISCAL IMPACT

No fiscal impact to the City is anticipated from a Council decision on this matter.

PUBLIC OUTREACH AND NOTIFICATION

Public notice was provided for the City Council hearing on October 16, 2018 in the form of directmailing to the property owners and residents of those properties located in the City of BeverlyHills and directly adjacent to the subject parcel. Notice was previously provided in the samemanner for the January 9, 2018 and May 1, 2018 City Council hearings regarding this matter.Additionally, the Planning Commission also held a duly noticed public hearing on September 14,2017 and a public notice was provided in the same manner.

are also considered when determining the total number of parcels created. In this case, when the original Trousdalesubdivider divided the original three lots contemplated in Tract Map 21360 into six lots, a tract map arguably couldhave been required. (Bright v. Board of Supervisors (1977) 66 Cal.App.3d 191.) At this point, staff has not pursuednotices of violation for the two other parcels owned by Mr. Owen on these grounds, in large part because of theintention to record Conditional Certificates of Compliance for those parcels, which would require compliance with theCity’s lot and development standards before any development could occur.

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ENVIRONMENTAL ASSESSMENT

This project has been assessed in accordance with the authority and criteria contained in theCalifornia Environmental Quality Act (CEQA), the State CEQA Guidelines2, and theenvironmental regulations of the City. The project qualifies for a Class 21 CategoricalExemption (Enforcement Actions by Regulatory Agencies) in accordance with the requirementsof Section 15321 (a)(2) of the Guidelines. Specifically, the administrative decision to enforce theSubdivision Map Act is related to the adoption of an administrative decision or order enforcing orrevoking the lease, permit, license, certificate, or entitlement for use or enforcing the generalrule, standard, or objective, and is therefore exempt from further review under the provisions ofCEQA.

Susan Healy Keene, AICPDirector of Community Development

4j4& (4LU Approved B

2 The CEQA Guidelines and Statue are available online at http://ceres.ca.pov/cega/guidelines

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Attachment IRequest for Continuance

fttMurray D. Fischer

433 N. camden Drive, Suite 970A PROFESSIONAL CORPORATION Beverly Hills, CA 90210

Telephone: (310) 276-3600Fax: (310) 2764345

October 17, 2018 Email: [email protected]

3850.001Via Email: jgoldbeverlyhills.org

Honorable Mayor, Julian Gold, M.D.Member of the Beverly Hills City Council455 N. Rexford DriveBeverly Hills, CA 90210

Re: Vance Owen - 9304 Warbler Way, Los Angeles, CA 90069

Dear Dr. Gold,

We have submitted a Lot Line Merger, along with Plans and furthermaterials to Cindy Gordon. After we submitted all of the above, we received aCorrection Letter from Cindy, which required additional materials and soilsinformation. We have been diligently working to supply her with all of theinformation she requested for her review, and will submit the final materialsOctober 23, 2018.

Therefore, we request additional time for her to review all of the correctionmaterials, which again, we anticipate that the Lot Line Merger will legalize the lotsin question and therefore eliminate the necessity for a further Hearing.

Thank you very much for your anticipated cooperation in this matter.

Very truly yours,Law Offices of Murray D. FischerA Professional Corporation

/cR/)( g*Murray D. Fis@er

cc: Cindy Gordon - cgordonbeverlyhills.orgRobert Anderson - [email protected] Gohlich - rgohlichbeverlyhills.orgVance Owner - [email protected]

Attachment 2Appeal PetWon

REVISED

APPEAL PETITIONS MUST BE FILED WITH THE CITY CLERK’S OFFICE WITHIN

____________

14 CALENDAR DAYS AFTER THE DATE OF THE DEUSION

APPEAL TO CITY COUNCIL

PLEASE TYPE OR PRINT CLEARLYIN BLACK INK September 26, 2017

Date

In accordance with the appeals procedure as authorized by the provisions of the Beverly Hills Municipal Code,the undersigned hereby appeals from the decision of Planning Commission (Official, Boardor Commission involved) rendered on September 14, 2017

,

______;

which decision consisted of:The grounds submitted for this appeal are as follows: (WARNING: State gjj grounds for appeal. Describehow decision is inconsistent with law. Use extra paper if necessary.)

Please See Attached

Pv* Lt3tI. )O

*** CORRECT APN #4391—O28

The undersigned disctissed the decision being appealed with:

Masa Alkire

(Department Head(s) Involved)on

,-. -

-< —‘

.1.— m

1 —

September 19, 2017 at 10:30AM

Date

It is requested that written notice of the time and place for the hearing on this appeal before the City Council besent to:

Law Office of Murray D. Fischer 433 North Camden Drive Suite 970 Beverly Hills, CA 90210

Fee Paid (For City Clerk’s use)

LOG NO. 45j \3_ Written Notice mailed to appellant:

Copies to: City Council. City Manager, City Attorney. 14j C1I9D.v’v1rVt

Name Address

Address :w ‘o7Telephone Number & Fax Number 757

DATE RECEIVED

Involved f5epartmenl

lhe /\ppellant (Applicant). Mr. Vance t) en, hereby appeals the decision of thePlanning Commission made on September 14, C I based upon the fact that the PlanningCommission vas led to hehie e that the onk renied ,u ailable to Appellant, who was ahotialide purchaser, ciS to declare the propen ‘ iii sit)IatiOfl of tile Resolution No. 1058and California 5uhdi lsI{)fl ( odes. Further, ad ersar to the holding in Ni’hthIc Rlrti]etc.

L 7!). et ii., i (‘hi of B; er/i [fiitc, 10$ Cal.App4th.$ I, the Chair and Vice Ch.tir o thePlanning ( olnniission pre n usit met with iiidependeiit counsel ithout the Appellanttieent to discuss the Ilk 015 41 the City ot let en I fills’ position ith respect to declaringa ‘ lolatlon. This prior fleeting prejudiced Mr. ( )wcn\ positions and did lot gie him a lairand unbiased hearing. the purpose of ATh,’ht///e I1nnc,s is to ensure there isa fair and justhearing, and the independent uiisel was to advise the Manning ( nunhission for legalissues and not on how to su hst anti ate tli e violati )i1.

Iu rther, the liaii iii ng ( t imniission was ad’ ised thu. even tlii tigh Mr. C )wen’s wasnot the Suhdis ider and the suhdi ision took I iace iii I 6, I our mouths alter irousdaleexcepted the parcel sii a grant deed to Mr. Stc’ ens, the ( ‘in of Bc crl I lills failed to takean action .tgai list Irousdale ( )nstructiun ( oiiipan for their actions. it was also noted inthe Stat I Report on April $. I )3, that the Cit i-ctiuested a C ertilicatc ol Compliancewhich would have established [lie propert Ii iles, and I urther put tile ( it v on notice tilIt

there was a iolatioii. llw C it uie er coinplel ed its ohhgation cit issuing a C ertil icate olC oiupliaiicc. which would ha e put the A ppehtailt oil actual notice that that the parcel wasin ‘ iolation of Resolution No. 105$, tm which the /\ppellant would ha e never decided topurchase the lot or the adiaceiit lots in otder to hui Id a house I or his parents. Ihet\ppellant was further mu wuiied liv a pre ious senior stat I member t the Plan iii ng)epirt nient that the I ngiiieeri hg )epartnient )t tile f it’s o Be ci I 1111 Is had k ntiwledgc

til thiS 1i’I and ttirther did flOt bring i ilOtIC4 4)1 iolation against 1 rousdale Construction

( ompan or the ow tiers of lIST N. I tillcrest w ho steps into the shoes of ‘frotisdale and1cquisces that a it dati on had ccurred.

It is the intention of \lr. ( )wen to cause these three parcels to he detached from theit oh 8e erl I tills st that he can merge tli t liuee hots together and build a house I or his

parents. (See attached a letter to Mr. Aluzri 1ec1uestiiig the City ot Heterl Hills’cooperation cif the detachiiient). Ibis detachiiieiit is consistent with the detachment thattook place in 1 )$D whiereh Mr. Ow ens thereatter purchased the parcel and built his ownhome.

cflr (t?icc CMurray D. Fischer

433 N. Camden Drive, SuIte 970A PROFESSIONAL CORPORATION Beverly Hills, CA 90210

Telephone: (310) 276-3600Fas: (310) 276-4345

Email: mdfrelaw’earthlink.net

ViA EMAIl. AND US. MAIL

September 26, 2017

Mr. Mahdi AluzriCity Manager of Beverly Hills455 N. Rexford DriveBeverly Hills, CA 90210

Re: Request for City of Beverly Hills’ agreement to cooperate in initiating LAFCO proceedings for thereorganization/detachment of parcels

Dear Mr. Aluiri:

Please be advised that this ollice still represents Mr. Vance Owen. the owner of those certainparcels of land located in the City ol’ Beverly Hills (the City’), bearing Assessor’s Parcel Nos. 4391-028-f)20 (referred to herein as “Lot 98”), 4391-028-012 (referred to herein as “Lot 99”), and 4391-028-008(referred to herein as ‘Lot 100’). Lots 98. 99 and 100 are collectively referred to herein as the “OwenLots.’ Enclosed is a picture of the three parcels and a record of survey showing the Owen Lots.

At its September 14, 2017 hearing, the Planning Commission Found that Lot 99 was in violationof the Subdivision Map Act because the Trousdale Construction Company subsequently transferred thepared to our client alter Resolution No. 1058 was adopted in 1956. Otir client purchased that propertyfor valid consideration without actual or constructive knowledge of the violation. As such, he is ahonaflde purchaser in good Faith. However, as a honaflde purchaser, he gets no protection as theviolation runs with the land. We have discussed the potential alternatives with the Planning Departmentand City Attorney’s olce and their options, as presented, do not give Mr. Owen the ability to build onLot 99. Therefore, we wotild like to detach the Owen t.ots From the City to the City of Los Angeleswhereby we can merge the lots to a single lot and build a house for Mr. Owen’s parents.

Therefore, we hereby respectfully request that the City work with us in order to obtain adetachment of Lot 99 and the adjacent two parcels which have informally been determined by the Cityto be extremely difficult to develop, as represented by the Planning Department as they will not able tomeet the Trousdale Development Standards. While we have not seen the certiflcates of compliance forLot 98 and Lot 100, in the meeting with the City, we were lcd to believe that the conditions to beimposed were very limiting and the development of them would be impracticable. You should aiso knowthat Mr. Owen initially applied for these certificates of compliance in May 2016 and it’s only now thatwe have been told that we will get them shortly.

We are hoping that the C’ity will cooperate with the detachment as not only is there no Streetfrontage in the City, but it would be extremely difTlcult to develop these parcels through the City.

tflj (‘///flY / Murray D. Fischer

Further, For your information, the parcels adjacent to this parcel in 1980 were already detachedFrom the City to the City of Los AneIes as Detachment #7. Please find enclosed a copy of some of thedetachment documents.

We would like the Citys cooperation to meet with the proper parties and the officials, includingthe City of Los Angeics. in our discussion with LAFCO, they have requested we send this letter to youalong with the City of Los Angeles. 1 would appreciate it if we could commence the process as soon aspossible in order to accomplish the detachment of the Owen Lots. Should you have any questions orcomments, we will appreciate the opportunity to work with you and address any of those inquiries orcomments. Please do not hesitate to contact me at (310) 276-3600.

Sinccrely,.

LAW OFFICES OF MURRAY D. F1S(i-IERA PROFESSIONAL, C RPORA1’ION

MURRA D. IISCIIER

inc/ostires

Attachment 3Planning Commission Staff Report

September 14, 2017

BEVERLYRLYCity of Beverly Hills

Planning Division455 N, Ro,docd Drive Bev&y H1II, CA 90210

TEL (310) 285-1141 FAX (310) 658-5966

Planning Commission Report

September 14, 2017

APN 4291 -028-012Notice of Subdivision Violation HearingRequired meeting regarding the City’s Notice of Intention to Record aNotice of Violation pursuant to Subdivision Map Act Section 66499.36Continued from the August 10, 2017 Planning Commission Hearing.

Vance Owen

That the Planning Commission:1. Conduct a public heating and receive testimony regarding the matter;

and2. Direct staff to record a notice of subdivision violation with the Los

Angeles County Recorder.

Report Author and Contact Information:Cindy Gordon, AICP, Associate Planner

(310) [email protected]

115

Meeting Date:

Subject:

Property Owner

Recommendation:

REPORT SUMMARYA Notice of Violation Subdivision Hearing was originally scheduled to be heard by the PlanningCommission at its regular meeting on Thursday, August 10, 2017. However, after the hearingwas noticed, the City Attorney’s office advised that outside legal counsel should be retained forthe Planning Commission. As such legal counsel was not available for the scheduled hearingdate, the City recommended, and the property owner agreed, to continue the hearing to theCommission’s regularly scheduled Thursday, September 14, 2017 meeting.

The August 10, 2017 staff report and all associated attachments are included as Exhibit I to thisreport. The August 10, 2017 staff report contains background information as well as staff analysisof the issue. There have been no changes to the staff analysis since the originally scheduledAugust 10, 2017 hearing and therefore no changes have been made to the attached report.Outside legal council is scheduled to be in attendance at the September 14, 2017 meeting.

Masa Alkire, AICP, Principal Planner

Exhibit(s):Staff Report and Attachments: August 10, 2017

Planning Commission ReportAPN 4391-028-012

September 14, 2017Page2of2

Exhibit IStaff Report and Attachments: August 10, 2017

116

BEVERLYHILLS

August 10, 2017

City of Beverly HillsPlanning Division

456 N. Rd 0cM kwdy HI.. CA 5iOTEL (310) 266.1141 FAX. (310) 56I.5iI

Planning Commission Report

Subject: APN 4291428-012Notice of SubdMslon Violation HearingRequited meeting regarding the City’s Notice of Intention to Record aNotice of Violation pursuant to Subdivision Map Act Section 66499.36

Property Owner

Recommendation:

Vance Owen

That the Planning Commission:1. Conduct a public hearing and receive testimony regarding the mafter

and2. Direct staff to record a notice of subdivision violation with the Los

Angeles County Recorder.

REPORT SUMMARYOn May 16, 2016, the City received a request from Vance Owen, property owner, for certificatesof compliance related to certain land within the City bearing Assessor’s Parcel Numbers (APN)4391-028-020, 4391-028-012, and 4391-028-008. The three parcels were created by grant deedin the late 1950s by dividing the three subject parcels from three larger lots created by a City-approved tract map, with lot frontage on Hillcrest Road within the City of Beverly Hills. The threesubject parcels were held back by the original subdMders of Trousdale Estates, the TrousdaleConstruction Company and Texas Construction Company, when they sold the front portions ofthe three lots fronting on Hillcrest Drive for development in the 1950s. Based upon PlanningDivision review of City records and the materials submitted by the property owner as part of therequest for certificates of compliance for the three parcels, it has been found that parcel APN4391-028-012 was created in violation of the Citys subdivision ordinances in effect at the timethe original subdMder deeded the front portion of the lot to George Stephens and retainedownership of the rear portion of Lot 99.

Attachment(s):A. Correspondence from Ownets Representative: September 19,2076B. Correspondence from OwnWs Representative: November 22, 2016C. Correspondence from City: January 9, 2017D. Correspondence from Ovm?s Representative: February 10,2017E. Correspondence from Owner’s Representative: April 14,2017F. Location MapG. Assessor’s Parcel MapH. Photo of Subject AreaI. Ordinance No. 329J. Ordinance No. 503K. Ordinance No. 811L TractMapNo.21360M. Ordinance No. 1058N. Ordinance No. 10750. Lot 99 Grant Deed (1959)P. SubdMsion Map Act SectIon 66499.36Q. PrelWninary Title Report, dated April 27,2016R. Draft Notice of Violation

Report Author and Contact Information:Man Aidre, AICP, Principal Planner

(310) 285-1135malkire©beverlyhib.org

Cindy Gordon, AICP, Associate Planner(310) 285-1191

cgordon©beverlyhliis.org

WI THOUT ATTACHMENTS

Meeting Date:

117


August 10, 2017Page 2 of?

This Notice of Violation hearing relates specifically to APN 4391-028-012, which is located directlybehind and adjacent to 1151 Hillcrest Road, and created by grant deed on August 29, 1959. Theparcel was created in violation of Ordinance No. 1058 (Attachment M), adopted by the City onFebruary 3, 1959, which established subdivision regulations for any divisions of land of not morethan four lots and required City approval of a parcel map for all such subdivisions.

This report provides a detailed description of the City’s legislative history on subdivisionrequirements, evidence submitted by the applicant to object to the City’s intent to record a Noticeof Violation, and prior City actions related to 1151 Hillcrest Road. Staff’s analysis concludes thatAPN 4391-028-012 was created in violation of the City’s subdMsion requirements in place at thetime and a Notice of Violation should be recorded against the property.

PROPERTY AND NEIGHBORHOOD SETTINGProoertv Information

Address A portion of LOT 99 (known as APN 4391 -028-012) as shown inAttachment G

Assessors Parcel No. 4391-028-012

Zoning District R-1 One-Family ResidentialGenera! Plan Single-Family Residential — Low DensityExisting Land Use(s) Vacant Land

Lot Dimensions & Area Irregular shape —0.37 acres /15,900 square feet

Adiacent Zoning and Land Uses

North R-1 One-Family ResidentialEast City of Los AngelesSouth R-1 One-Family ResidentialWest R-1 One-Family Residential

REQUIRED PROCESSThe Subdivision Map Act provides a required process that a local agency must take when it hasknowledge that real property has been divided in violation of the Subdivision Map Act or localordinances enacted pursuant to it. Pursuant to Section 66499.36 of the Subdivision Map Act(Attachment P), such process is summarized as follows:

1. The City shall mail a Notice of Intention to Record a Notice of Violation to the owner ofrecord. The notice must describe the property, explain why the subject parcel was notcreated by a lawful subdivision, and provide the owner with an opportunity to presentevidence at a City Planning Commission meeting as to why the Notice of Violation shouldnot be recorded.

118


August 10, 2017Page 3 ofT

2. The City shall record the Notice of Violation with the County Recorder if the owner fails toinform the local agency of their objection to recording the Notice of Violation within 15 daysof receipt of the notice.

3. If, at the Planning Commission meeting, the owner presents evidence and It is determinedby the City that there has been no violation, the City shall mail the owner a clearanceletter.

4. If the owner presents evidence and the City determines that the property has been illegallydivided, the City shall record the Notice of Violation with the County Recorder.

5. Such notice shall be deemed to be constructive notice of the violation to all successors ininterest in such property.

REQUEST CHRONOLOGYOn May 16, 2016, the Property Owner submitted a request for certificates of compliance relatedto certain land within the City bearing Assessor’s Parcel Numbers (APN) 4391-028-020, 4391-028-012, and 4391-028-008 (Attachment G). These parcels are located directly behind andadjacent to the properties located at 1157 Hillcrest Road, 1151 Hillcrest Road, and 1145 HillcrestRoad, respectively.

On September 19, 2017, the Property Owner’s representative submitted a letter (Attachment A)in response to a meeting held on September 15, 2017 to express their position that APNs 4391-028-020, 4391-028-012, and 4391-028-008 were lawfully created and that the City may notimpose any conditions. On November 22, 2016, the Property Owner’s representative submitteda follow-up letter (Attachment B) re-stating their position that such parcels were lawfully createdand inquinng about the status of issuance regarding the certificates of compliance.

On January 9, 2017, the City issued a response to the request for certificates of compliance anda Notice of Intention to Record a Notice of Violation (Attachment C) against APN 4391-028-012as it had been found that the parcel was created in violation of Ordinance No. 1058, whichestablished subdivision regulations for any divisions of land of not more than four lots and requiredCity approval of a map for all such subdivisions. Such notice was sent pursuant to therequirements of Section 66499.36 of the Subdivision Map Act.

On February 10, 2017, the Property Owner’s representative submitted a response in objection tothe Notice of Intention to Record a Notice of Violation against APN 4391-028-012, which isincluded as Attachment D of this report. On April 14, 2017, the Property Owner’s representativesubmitted a follow-up letter (Attachment E) reaffirming their objection to the City’s determinationthat the subject parcel was created in violation of Ordinance No. 1055.

Since that time, City staff has exchanged emails with the Property Owner’s representativesmutually agreeing to postpone the violation heaiing due to availability and time necessary to allowboth the property owner and the City to conduct further research regarding the subdivision history

119


August 10, 2017Page 4 of 7

of the subject parcel. On July 10, 2017, the Property Owner’s representative agreed via email toa hearing date on August 10, 2017.

LEGISLATIVE AND SUBDIVISION HISTORYThe following table outlines the City’s legislative history regarding subdivision ordinances andrequirements. The table also includes the date on which the City approved the subdMsion mapfor Trousdale Estates and the date the subject parcel was illegally subdMded by grant deed (bothin bold text). Ordinance No. 1058 Is highlighted in yellow below, as that is the subdMsionordinance that was violated by the August 29, 1959 grant deed. A full explanation of all legislativehistory relevant to this matter is provided in the City’s January 9, 2017 letter to the property owner(Attachment C).

Date Action

City adopted Ordinance No. 329 (Attachment I). Applied tosubdMsions consisting of 5+ parcels over the course of a year.

City adopted Ordinance No. 503 (Attachment J). Provided furtherMay 29, 1940 subdMsion regulations and continued to require maps for

subdMsions that created 5+ parcels over the course of a year.

City adopted Ordinance No. 811 (Attachment K). EstablishedDecember 9, 1952 specIfic subdMsion criteria for all lots in the northern area of the City

(i.e., the area north of Sunset Boulevard).

CIty approved Tract Map No. 21360 (Attachment L) for

Decembe 15 1955 Trousdale Estates. Created the lots underlying the subjectt‘ properties. Th. map Included lots laid out in conformance with

the standards established by Ordinance No. 811.

City adopted Ordinance No. 1058 (Attachment M). EstablishedFebruary 3, 1959 subdivision regulations for any division of land of not more than fourEffective: March 6 1959 lots. Required City Engineer approval of map for all such

subdivisions.

August 18, 1959 City adopted Ordinance No. 1075 (Attachment N). Required CityEflcUve: September 18, 1959 Council approval for divisions of land north of Sunset Boulevard.

Lot number 99 of Tract Map No. 21360 (now addressed 1151Hillcrest Road) was sold with the back portion of that lot, nowdescribed as APN 4391-028-012, held back by grantorsTrousdale ConstructIon Company and Texas ConstructionCompany pursuant to the grant deed (Attachment 0)

The dMsion of Lot 99 by deed violated the City’s subdMsion ordinances in effect at that timebecause no subdivision map was submitted for review and approval by the City Engineer. Thus,the deed transfer creating the property now referred to as APN 4391-026-012 constituted anillegal subdivision. Further, the deed transfer resulted in a substandard parcel that did not comply

February 16, 1923

August 29, 1959

120

bL’Y

with the City’s subdivision standards at the time. As such, the transfer was in violation of theCity’s local subdivision ordinances, and in direct contravention of the tract map for TrousdaleEstates (Tract Map No. 21360), whIch was approved in 1955.

The applicant’s presumption, expressed in letters dated September 19, 2017 and February 10,2017, that parcels created prior to March 4, 1972, were lawfully created does not apply to thesubject property because the deed transfer violated the City’s subdMsion ordinance in effect atthe time of the illegal transfer that required a subdMslon map for division of land creating between2 and 4 parcels and conflicted with City-approved Tract Map No. 21360.

CERTIFICATE OF COMPUANCE REQUESTThe City concluded in its January 9, 2017 letter to the property owner that each of the threeproperties subject to the owner’s request are only eligible for conditional certificates of compliancepursuant to Government Code Section 66499.35(b). This Government Code section gives theCity the authority to impose the City’s subdMsion standards in effect on February 22, 2008, thedate the property owner acquired the properties. In the January 9, 2017 letter, the City outlinedconditions that it Intended to impose on each of the three parcels for which the owner hadrequested a certificate of compliance. The letter outlined the specific criteria that the City Intendedto impose on the parcel that is the subject to this notice of violation hearing (APN 4391 -028-01 2)The criteria are as follows:

1. A parcel map shall be required in light of the illegal subdivision that occurred when thesubject parcel was dMded from the remainder of Lot 99 of Tract Map No. 21360, nowknown as APN 4391-028-011; and shall be subject to all provisions of the City’ssubdivision regulations.

2. The property shall contain at least 100 feet of frontage on a public street;

3. The property shall have an area of at least 43,560 square feet;

4. The property shall contain a building site of at least approximately 4,000 square feet, nopart of which shall have a slope greater than one vertical in five horizontal feet, eitherexisting or guaranteed to be constructed under the subdivider’s surety bond;

5. The property shall have a depth at its longest dimension of at least one hundred fifty feet(150’), shall conform as nearly as practicable to other lots in the vicinity, and shall have itsbuilding site located, so far as possible, to prevent the rear portion of one lot from beingadjacent to the front portion of another lot and

6. The property shall be compatible in shape and topography with other lots in the vicinity.

7. Development of the property shall be found not to be contrary to the public health or thepublic safety, and if found to be contrary to the public health or public safety, the City maybe precluded from granting any approvals necessary to develop the property pursuant toGovernment Code Section 66499.34.

Planning CommIssion ReportAPN 4391-028-012

August 10, 2017Page 5 of 7

121


August 10, 2017Page 6 of?

8. The layouts of the streets, alleys, lots, and easements shall be such as to provide forsanitary sewers and storm drainage in conformity with good engineering practices in amanner satisfactory to the city engineer. When construction is considered necessary tocare for such drainage, such construction shall be guaranteed by the subdMder filingsecurity for the Improvements as provided in the City’s subdivision regulations.

PRIOR CITY ACTION ON 1161 HILLCREST ROADOn Match 28, 1983, the City issued a certificate of occupancy for a new single-family residenceconstructed on the property located at 1157 Hillcrest Road. The property dimensions as shownon the architectural plans submitted to and approved by the City are consistent with those shownon the Los Angeles County Assessor Map, which does not contain that rear portion of the propertycurrently subject to the proposed Notice of Violation.

On April 28, 1993 the Planning Commission approved a second-story addition to the single-familyresidence constructed in 1983. The staff report acknowledged the existence of the rear portionof the property and stated the following:

• The rear property line of the project site is near the City of Los Angeles boundaiy. Thelegal description for the property as submitted by the applicant, reflects the configurationand dimensions described in this report The records on file in the EngineeringDepartment of the City of Beverly Hills, howeve, reflect a large, undMded parceL Theapplicant has submitted a grant deed reflecting a 1952 sale of the additional portion of theparcel shown on the Engineering Department documents. The Subdivision Map Actprovides properly owners the right to request a Certificate of Compliance if the parce wascreated before 1972 and if the creation of the parcel did not violate the local ordinances ineffect at that time. The creation of this parcel occurred in 7952, before the TmusdaleEstates Area was annexed to Beverly Hills. Therefore, the creation of this parcel was notsubject to local Beverly Hills ordinances. A condition of approval included in the attachedresolution requires the ownerto apply fore Certificate of Compilances priorto the issuanceof building permits so that the City maps can be updated.

However, the 1952 grant deed described in the 1993 staff report has not been located in the City’srecords and is not identified in the preliminary title report supplied by the property owner(Attachment Q). As such, staff has not been able to verify the information contained in the 1993staff report. Such information is inconsistent with the evidence submitted by the Applicant for thecurrent request for Certificates of Compliance and is inconsistent with the research of City recordsconducted by staff, in part because the overall lot (Lot 99) was not created until December, 1955,with the recordatlon of Tract Map No.21360. Nonetheless, it should be noted that the SubdMsionMap Act (Govt. Code Section 66499.35 (c)) provides that a certificate of camplianc shall be issuedfor any real property that has been approved for development. Thus, the portion of Lot 99 frontingon Hillcrest Road, having been issued a permit for construction and having developed the lotwould be entitled to a certificate of compliance.

122


August 101 2017Page 7 of 7

ANALYSISBased on the timeline of actions identified in the table outlining the legislative, subdivision andgrant deed history applicable to the subject parcel, the available evidence indicates that thesubject parcel was subdMded illegally after the City had established a map requirement for thedMsion of four or fewer parcels. Although there was a prior City report suggesting that the parcelwas created legally, the basis for this prior City determination was that the subject parcel wascreated by grant deed in 1952, which was before the Trousdale Estates area was annexed Intothe City (1955) and before the City had adopted Ordinance No. 1058, which required a map forthe dMsion of four or fewer parcels.

However, all available information indicates that the subject parcel was created by deed in August1959. The Trousdale Estates area was annexed into the City in 1955 and Tract Map No. 21360was recorded in that same year. Therefore, the existence of the alleged 1952 deed appearsunlikely, and in fact no such deed has been located or provided in the record of these proceedings.

Additionally, any certificate of compliance that may be issued would be conditional and subject tocompliance with the criteria listed earlier in this report. The subject parcel, in its currentconfiguration, does not comply with the required criteria and there may be no feasible way toobtain approval of a parcel map or to meet the applicable lot standards that have been in effectsince prior to the approval of Tract Map No. 21360.

As such, the conclusion of City staff is that there is a violation of the Subdivision Map Act and aNotice of Violation should be recorded against the property through the Los Angeles CountyRecorder.

NEXT STEPSStaff recommends that the Planning Commission conduct the required meeting and review anyevidence presented by the owner of the property. As of writing of this report, the Planning Divisionhas not received any additional evidence that the subject parcel was created in a mannerconsistent with the subdivision regulations in effect at the time the parcel was created. Thereforethe recommendation is for the Planning Commission to determine that the subject property wasillegally divided and the Commission should direct staff to record a Notice of Violation with theLos Angeles County Recorder.

Alternatively, the Planning Commission may consider the following actions:1. If the property owner presents adequate information to establish that there is not a violation,

direct staff to mail a clearance letter to the owner of the property.

Report Reviewed By:

Ryffhlich, AlCAssisIant Director ofcbmiiunlty Development I City Planner

123

Attachment 4Correspondence from Owner’s

Representative: September 19, 2016

Safarian Safarian Chol &

CIic S. Flower StreetSuite 650

B iLos Angeles, CA 90071

O S a Main/213 481 6565Facsimile /2132251146

safananchoLcom

David C. Boistaddbolstadafadanchpl.comDirect /213 481-6575

VIA EMAIL AND U.S. MAIL

September 19, 2016

Mr. Masa Alkire, AICPPrincipal PlannerCity of Beverly Hills455 N. Rexford DriveBeverly Hills, CA 90210

Re: Certification ofLots Identfied as Assessor’s Parcel Nos. 4391-028-020, 4391-028-012,and 4391-028-008

Dear Mr. Alkire:

Safadan Choi & Bolstad LLP represents Mr. Vance Owen, the owner of those certainparcels of land located in the City of Beverly Hills (the “City”), bearing Assessor’s Parcel Nos.4391-028-020 (referred to herein as “Lot 98”), 4391-028-012 (referred to herein as “Lot 99”),and 439 1-028-008 (referred to herein as “Lot 100”). Lots 98, 99 and 100 are collectivelyreferred to herein as the “Owen Lots.”

This will follow up our meeting of September 15, 2016, in which you informed us thatthe City had intended to impose certain conditions upon the certification of the Owen Lots basedon current provisions in the Beverly Hill Municipal Code. We informed you that, undercontrolling provisions of the Subdivision Map Act and applicable case law, the Owen Lots areconclusively presumed to have been lawfully created and, therefore, no conditions to theircertification may be imposed by the City. You invited us to provide an email or letter outliningthe basis for the conclusive presumption and, therefore, we provide the following.

As we discussed, Section 66412.6(a) of the Subdivision Map Act provides:

For purposes of this division or of a local ordinance enacted pursuant thereto,any parcel created prior to March 4, 1972, shall be conclusively presumed tohave been lawfully created if the parcel resulted from a division of land inwhich fewer than five parcels were created and if at the time of the creation ofthe parcel, there was no local ordinance in effect which regulated divisions ofland creating fewer than five parcels.

Mr. Masa AtkireSeptember 19, 2016Page 2

Cal. Gov. Code Section 66412, et seq. (the “Map Act”).

By this provision, lots that were legally created by deed prior to the implementation ofthe March 4, 1972 amendments to the Map Act (which added the requirement of a parcel map fordivision of land into fewer than five parcels), are conclusively presumed to be lawful and notsubject to the requirements and restrictions of subsequently enacted city ordinances governingthe division of lands.

And that is precisely the situation with respect to each of the Owen Lots.

(1) The Creation of Lot 98 in 1958.

Lot 9$ is located adjacent to, and easterly of the real property located at 1157 NorthHillcrest Road, Beverly Hills, California, more particularly identified as Assessor’s Parcel No.4391-028-0 18 (the “1 157 N. Hillcrest Property”).

Prior to 1958, Lot 9$ and the 1157 N. Hillcrest Property were part of the same parcel ofland identified as Lot 9$ of Tract 21360 in the City of Beverly Hills, County of Los Angeles,State of California, as shown on map recorded in Book 587, Pages 59 to 63 inclusive of maps,records of said county (the “Original Lot 98”). At that time, the Original Lot 9$ was owned byTrousdale Construction Company and Texas Construction Company (“Trousdate”).

By Corporation Grant Deed dated February 20, 1958, and recorded on March 11, 1958 asInstrument No. 1867, Book D39, Page 645 (the “Garrett Deed”), Trousdale conveyed a portionof the Original Lot 98 to J.C. Garrett thereby legally creating Lot 98. A copy of the Garrett Deedis attached hereto as Exhibit A for your reference.


Lot 99 is located adjacent to, and easterly of, the real property located at 1151 NorthHillcrest Road, Beverly Hills, California, more particularly identified as Assessor’s Parcel No.4391-028-011 (the “1151 N. Hillcrest Property”).

Prior to 1959, Lot 99 and the 1151 N. Hillcrest Property were part of the same parceL ofland identified as Lot 99 of Tract 21360 in the City of Beverly Hills, County of Los Angeles,State of California, as shown on map recorded in Book 587, Pages 59 to 63 inclusive of maps,records of said county (the “Original Lot 99”). At that time, the Original Lot 99 was owned byTrousdale.

By Corporation Grant Deed dated August 25, 1959, and recorded on September 3, 1959as Instrument No. 2239 of Official Records, in the Office of the Los Angeles County Recorder,State of California, Trousdale conveyed a portion of the Original Lot 99 to George Stevens (the“Stevens Deed”), thereby legally creating Lot 99. A copy of the Stevens Deed is attached heretoas Exhibit B for your reference.

Mr. Masa AlkireSeptember 19, 2016Page 3


Lot 100 is located adjacent to, and southerly of, the real property located at 1145 NorthHiLlcrest Road, Beverly Hills, California, more particularty identified as Assessor’s Parcel No.439 1-028-009 (the “1 145 N. Hillcrest Property”).

Prior to 1959, Lot 100 and the 1145 N. Hillcrest Property were part of the same parcel ofland identified as Lot 100 of Tract 21360 in the City of Beverly Hills, County of Los Angeles,State of California, as shown on map recorded in Book 587, Pages 59 to 63 inclusive of maps,records of said county (the “Original Lot 100”). At that time, the Original Lot 100 was owned byTrousdale.

By Corporation Grant Deed dated June 20, 1956, and recorded in Book 51957 at Page 35of Official Records, in the Office of the Los Angeles County Recorder, State of California,Trousdale conveyed a portion of the Original Lot 100 to Irving Shafer (the “Shafer Deed”),thereby legally creating Lot 100. A copy of the Shafer Deed is attached hereto as Exhibit C foryour reference.

* * *

Thus, each of the Owen Lots satisf’ the requirements for the conclusive presumption inSection 66412.6(a) of the Map Act because: (1) they were created “prior to March 4, 1972;” (2)their creation by deed “resulted in the division of land in which fewer than five parcels werecreated;” and (3) at the time of their creation, “there was no local ordinance in effect whichregulated divisions of land creating fewer than five parcels.” In fact, the initial City ordinancegoverning the division of land creating fewer than five parcels appears to have been enacted in1975, many years after the creation of the Owen Lots. See Ord. 75-0-1561, eff. 34-75.

California courts have applied the concLusive presumption of Section 66412.6(a) incircumstances virtually identical to those here. For example, in Heather Point Patters No. 4,LP. v. County ofSanta Cruz, eta!., 2013 WL 1792500 (6th Dist. Ct. Appeal, 2013) the court ofappeal affirmed the trial court’s order that the County of Santa Cniz issue UnconditionalCertificates of Compliance (“UCOC”) on four lots that (1) were created by deeds datedDecember 20, 1971, prior to 1972 amendments to the Map Act, (2) the division of which createdfewer than five parcels, and (3) were created at a time when there was no local ordinance ineffect regulating the division of lands into fewer than five parcel. The court stated that “the plainlanguage of Section 66412.6 [of the Map Act] is unambiguous. . . .“ Where the requirements forthe conclusive presumption are met, UCOC’s must be issued. See also Lakeview MeadowsRanch v. County ofSanta Clara, (1994)27 Cal. App. 4th 593 (plaintiff entitled to UCOCs as amatter of law where three parcels created prior to the enactment of any laws governingsubdivision of land).

Mr. Masa AlkireSeptember 19, 2016Page 4

Accordingly, on behalf of Mr. Owen, we respectfully request the City promptly issueUCOCs’ for each of the Owen Lots. Should you have any questions or would like to discuss thismatter further, I am available at your convenience.

Sincerely,

David C. Boistad

Enclosures

EXHIBIT A

oa cowers

Corporation Grant Deed AzIL5_

By thIs hndru,nent dated *si7 .......,fo a wiusNe vndAatha,

I’ZUSDAIZ STZJCTIOW c*usT, a Ca2iforal.a Corporation, sad IREIR COICTION

anized under th. laws of the Stain of

J. C. GA1, a 2id

the kflawing deunilmd toI junpsrty dStain of V.Wli, County of ‘,

(am. et+.amh.4 r4• a pct liamnef) - -— —-

IDt U of oto. 21)60 Ia th Clip of $wp Kills. ‘y of las

of Odulotuia, as shown en map reuadad In lack 39?. Ie.s 19 to $3

Inofuetwe of maps, r.ds of said County.

tWVd mu thai pcdl thawof lying Rut of t feUewladu

leulneing at a point In th. Jcy line of said tat U, said nt being iteet

Ruth U 0$’ osat t1m 101.20 feet bm the Wc,..t-, tbam*

on Ruth-1° ‘$tP Eu$ULUJ1 vaLin.thaSo’Une4

l1DIG tSQEFRGU to am the k.uU”a, resuun,

ope and of a tilavtsine m’a, nendelte, wires, oddm.,

m sIaanri and all sppam.a neoeswy to receive, c’deet, friesmit

sad relay Lalavialce and signals ov the toflowing d.albd tloas of

addint

1.A ap of ld 10 ‘met in wi lying 5 bat on undi aid. mmaan4 at right angina

-

lline:

1i’” iS a O. .L In the X4rt*sy line of siLl Lot SI, dcstamt Ruth 100 554 95

W.t 11,05 feet thereon C tha most N1herIy mer of said 1ot thence Ruth

a4 as sr last 83.15 feet thamo. 4h 140 SZ’ 00 Want 54.91 bat to a p ber

.* r”’id to an Point A’, the ldsIlp of said esq5at to he 1”iim.I rn

mted ieee to leain in the West lin, of add lothe serthesly lia of

;__ 2 dwwih.d.

_____

the beeninbe d.srntbed Patet A”; “Iy S o1° 01’ W weec

iSe thmc. outh U U’ W West 20 bali — 10° or .o Rut 20 fang

osth I1 $2’ or Rut 10 tl Rath 01 as’ or w. 10 feet to

—of____

Tngmthit add ei toswioi

• . .•b. • • • •••

1867F STAAWS IN flUS *a

FER

a’

1

_____—

—— sD 9 pad4G

B J? 0s 0aieeite, Oxiliti000, oatristi nemeitd

saset1, right., s4 right&Of of

jngtaiinmt of sS7.8

TIs 1,.flOIiS de eoopted, end said 1rop.t is grmtid,

rib3.ct to the oo,eniita, caditio5S ei reetrioldeos en sit forth in that

certain Dicizrsti of WtriOtiCOi as ThiWsit Jo. 3k96

Deoeer 20, 395 is Io* 1d.6 page 2k?0imOi of toe Angi’

OceM, CaiifmL sU as aogh est forth herein In foil. It is

enderstood end agreed betseen the partiU herein * the right at si—

£uzoent of said oovmiit#, oanditi r.sbictLens is 33.ei.tad

the provisiS of Iroi. V thereof • no right of reversion rilti.

0PPW.iO II

ie.M1ITLcemioo. •_u UhT1LMJ

L ciauvS I7tflk. cni-——°Cpest

end IU ooeiJ! OorporationI 57 Pahlfr I •c’

Im.wIDmI

____

= a— . ——.., -. ‘4 .-, -

—

tzvaidJ— u,,ae

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been to — to he the

_

to ie.L.4- - -

c]

JH

7.__ r. li/,is

A,..h6

p.

_____

I

Iq

EXHIBIT B

RECOMOES USf

—

-.‘a

it..TAALPSWI’HnwAa

$21

2Z9

:

-

C rporalion Grant Deed --

Az LRS. $

By this instnunent dated *upst 25, 2959, lot a Vablhk consideration,

l’ronsdala Constrecon Cqas’, a CilLfcroia Coi arati and T.xu Construction

airporat,.rn organized under the Jaws of the State of Oeiniar.

‘t’re, GRANTSto

George Stevens, an onsaried ani

rIi Plowing danaibed x1 preput3 in the of California, County at lee iaggee

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Representative: November22, 2016

Safatiaii Safarian Choi &

CIi S. Flower Street

I Suite 650

B I t dLos Angeles, CA 90071

O S a Main/213481 6565Facsimile / 2132251146

safananchoi.com

Scott J. Streetsstreetsafarianchpi,comDirect /213 254-3998


November 22, 2016


Re: follow-up re. Certficatio,t ofLots Identified as Assessor’s Parcel Ntis. 4391-028-020,4391-028-012, and 4391-028-008

Dear Mr. Alkire:

As you know, Safarian Choi & Boistad LLP represents Vance Owen, the owner of thosecertain parcels of land located in the City of Beverly Hills (the “City”) bearing Assessor’s ParcelNos. 4391-028-020 (referred to herein as “Lot 98”), 4391-028-012 (referred to herein as “Lot99”), and 4391-028-008 (referred to herein as “Lot 100”). Lots 98, 99 and 100 are collectivelyreferred to herein as the “Owen Lots.”

On September 19, 2016, my colleague David Boistad sent you a letter regarding thecertification of the Owen Lots. That letter followed up on a September 15 meeting in which youinformed us that the City intended to impose certain conditions upon the certification of theOwen Lots based on current provisions in the Beverly Hill Municipal Code. We informed youthat, under controlling provisions of the Subdivision Map Act and applicable case law, the OwenLots are conclusively presumed to have been lawfully created and, therefore, no conditions totheir certification may be imposed by the City. You invited us to provide an emaiL or letteroutlining the basis for the conclusive presumption. The September 19 letter did that.

It has been more than two months since we sent that letter and more than six monthssince Mr. Owen applied for the certificates of compliance. Government agencies across the state— including the City of Beverly Hills — routinely process such applications within six months.There is no reason for this to take any longer.

Mr. Masa AlkireNovember 22, 2016Page 2

Accordingly, on behalf of Mr. Owen, we again respectfully request that the City promptlyissue Unconditional Certificates of CompLiance (“UCOC”) for each of the Owen Lots. We areavailable to discuss any more questions you may have and welcome your call.

Please let us know by next Wednesday, November 30.2016 if the City will issue theUCOC for the Owen Lots. Nothing in this letter should be deemed to waive any of Mr. Owen’srights of remedies; they are all expressly reserved.

Sincerely,

Attachment 6Correspondence from City:

January 9, 2017

\BiVER LY\\HILLS

WITHOUT ATTACHMENTS

January 9, 2017

Mr. Vance Owen9304 Warbler WayLos Angeles, CA 90069

VIA Certified Mail

RE: Request for Certificates of Compliance / Notice of Intention to Record a Notice ofViolation

Dear Mt. Vance Owen,

The City of Beverly Hills (City) has received and considered your application forcertificates of compliance related to certain land within the City bearing Assessor’sParcel Numbers (APN) 4391-028-020, 4391-028-12, and 4391 -028-008 (referred tohereafter as the properties, or individually as property), and has consulted with the CityAttorney’s office regarding the request.

Our research regarding the properties, and the relationship to the City’s subdivisionregulations, revealed the following.

The City first adopted subdivision regulations on February 16, 1932, with its adoption ofOrdinance No. 329. These regulations applied to subdivisions consisting of five or motelots over the course of a year based on definitions in State subdivision law at that time,which were set forth in California statutes of 1929, chapter 837. On May 29, 1940, theCity adopted Ordinance No. 503 adopting further subdivision regulations and continuingto requiring maps for subdivisions defined in State law as the creation of five or moreparcels over the course of a year, as set forth in California Statutes of 1937, Chapter670. On December 9, 1952, the City adopted Ordinance No. 811 which, among otherthings, established the following specific subdivision criteria for all lots in the northern

Mr. Vance Owen re: Certificates of ComplianceJanuary 9, 2017Page 2

area of the City, defined as that area north of Sunset Boulevard, which includes thesubject properties:

“Every lot in the northerly zone above referred to shall have at leastapproximately one hundred (100) feet of frontage on a public street and containat least approximately 20,000 square feet. Every such lot either in its existingcondition or as part of the improvement proposed by the subdivider andguaranteed by his surety company bond shall contain a building site of at feastapproximately 4000 square feet, no part of which building site shall have a slopeof greater than one vertical in five horizontal feet. ... Every lot shall have a depthin its longest dimension of at least approximately 150 feet. The lots shall conformas nearly as practical to other lots in the vicinity. The building site on each lotshall be located so far as possible to prevent the rear portion of one lot frombeing adjacent to the front portion of another lot.”

The foregoing provision was added as subsection (5) of subsection (C) of Section 10-903 entitled “Subdivisions: Tentative Maps, Requirements, For Approval Of’, and thusconstituted subdivision design regulations, and not more general zoning regulations.

On December 15, 1955, Tract Map No. 21360 as approved by the City was recorded,creating the lots underlying the subject properties, specifically lots 98, 99 and 100. TractMap No. 21360 included lots laid out in conformance with the lot standards establishedby Ordinance No. 811.

Thereafter, on June 20, 1956, Lot 100 of Tract Map No. 21360 was sold, howevertheback portion of the lot now described as APN 4391—028—008, was held back bygrantors Trousdale Construction Company and Texas Construction Company pursuantto the grant deed. This resulted in the remainder parcel that failed to comply with the lotstandards set forth in the City’s subdivision ordinances at that time. By furthersubdividing Lot 100 as approved in Tract Map No. 21360, the grant deed transfer andresulting substandard parcel failed to comply with the City’s subdivision standards.When the subdivider transferred the front portion of lot 100 and retained the rear portionof the lot by deed, the subdivider engaged in a property transfer that was not consistentwith Tract Map No. 21360 as reviewed and approved by the City. Tract Map No. 21360established lots that were consistent with the City’s subdivision design standards for lotsnorth of Sunset Boulevard, and the inconsistent transfer resulted in a property that failedto comply with the City’s adopted subdivision design standards. As such, the transferwas in violation of the City’s local subdivision ordinances, and in direct contravention ofthe approved Tract Map No. 21360.

2


Similarly, on February 20, 1958, Lot 98 of Tract Map No. 21360 was sold with the backportion of that lot, now described as APN 4391—028—020, held back by grantorsTrousdale Construction Company and Texas Construction Company pursuant to thegrant deed. This also resulted in a remainder parcel that failed to comply with the lotstandards set forth in the City’s subdivision ordinances at that time. By furthersubdividing the lot as approved in Tract Map No. 21360, the deed transfer and resultingsubstandard parcel failed to comply with the City’s subdivision standards. When thesubdivider transferred the front portion of lot 98 and retained the rear portion of the lotby deed, the subdMder engaged in a property transfer that was not consistent withTract Map No. 21360 as reviewed and approved by the City. Tract Map No. 21360established lots that were consistent with the City’s subdivision design standards for lotsnorth of Sunset Boulevard, and the inconsistent transfer resulted in a property that failedto comply with the City’s adopted subdivision design standards. As such, the transferwas in violation of the City’s local subdivision ordinances, and in direct contravention ofthe approved Tract Map No. 21360.

On Febwary 3, 1959, the City adopted Ordinance No. 1058, which establishedsubdivision regulations for any divisions of land of not more than four lots, and requiredCity approval of a map for all such subdivisions. Further, on August 18, 1959 the Cityadopted Ordinance No. 1075 requiring City Council approval for divisions of land northof Sunset Boulevard.

On August 29, 1959, Lot number 99 of Tract Map No. 21360 was sold with the backportion of that lot, now described as APN 4391—028—012, held back by grantorsTrousdale Construction Company and Texas Construction Company pursuant to thegrant deed. The division of Lot 99 by deed violated the City’s subdivision ordinances ineffect at that time because no subdivision map was submitted for review and approvalby the City. Thus, the deed transfer creating the property now referred to as APN 4391-028-012 constituted an illegal subdivision. Further, the deed transfer and resultingsubstandard parcel failed to comply with the City’s subdivision standards for thereasons set forth above regarding the other two properties. As such, the transfer was inviolation of the City’s local subdivision ordinances, and in direct contravention of theapproved Tract Map No. 21360.

Based on the foregoing analysis, the City has concluded that each of the properties iseligible only for conditional certificates of compliance pursuant to Government CodeSection 66499.35(b). Further, the presumption that parcels created prior to March 4,1972, were lawfully created does not apply to any of the subject properties because thedeed transfers violated the City’s subdivision ordinances in effect at the time of theillegal transfers, conflicted with the City-approved Tract Map No. 21360, and with

3

Mr. Vance Owen re: Certificates of ComplianceJanuary 9,2017Page 4

respect to lot number 99, violated the City’s express requirement that approval of asubdivision map was required for divisions of land creating between 2 and 4 parcels.

Further, because the City now has knowledge that lot number 99 of Tract Map No.21360 was divided in violation of local ordinances in effect at the time, pursuant toGovernment Code Section 66499.36, this letter is sent by certified mail and also servesas a notice of intention to record a notice of violation, If the property owner fails toinform the City of his or her objection to the recording of the notice of violation, thenotice will be recorded with the Los Angeles County Recorder. If the property ownerobjects to the filing of the notice of violation, he or she will be given an opportunity topresent evidence as to why a notice of violation should not be recorded at a forthcomingPlanning Commission meeting held between 30 and 60 days from the date this letterwas mailed. Any determination by the Planning Commission would thereafter beappealable to the City Council. Pursuant to Government Code Section 66499.35(b), theCity has the authority to impose conditions requiring compliance with the City’ssubdivision standards in effect on February 22, 2008, the date on which you acquiredthe properties. The City will impose conditions as to the specific lots requiringcompliance with lot standards as set forth in Beverly Hills Municipal Code Section 10-2-203, which was last amended in 1991, well before the date on which you acquired theproperties. These standards apply equally to tentative tract maps as well as parcelmaps, pursuant to Beverly Hills Municipal Code Section 10-2-504.

The following are the conditions that the City intends to impose on the conditionalcertificates of compliance for each of the subject properties:

APN 4391—028—008: Prior to the issuance of any permit for development, or approvalfor development of the subject property:

1) The property shall contain at least 100 feet of frontage on a public street;2) The property shall have an area of at least 43,560 square feet;3) The property shall contain a building site of at least approximately 4000 square

feet, no part of which shall have a slope greater than one vertical in fivehorizontal feet, either existing or guaranteed to be constructed under thesubdivider’s surety bond;

4) The property shall have a depth in its longest dimension of at least one hundredfifty feet (150’), shall conform as nearly as practicable to other lots in the vicinity,and shall have its building site located, so far as possible, to prevent the rearportion of one lot from being adjacent to the front portion of another lot; and,

5) The property shall be compatible in shape and topography with other lots in thevicinity.

4


6) Development of the property shall be found not to be contrary to the public healthor the public safety, and if found to be contrary to the public health or publicsafety, the City may be precluded from granting any approvals necessary todevelop the property pursuant to Government Code Section 66499.34.

7) The layout of streets, alleys, lots, and easements shall be such as to provide forsanitary sewers and storm drainage in conformity with good engineeringpractices in a manner satisfactory to the city engineer. When construction isconsidered necessary to care for such drainage, such construction shall beguaranteed by the subdivider filing security for the improvements as provided inthe City’s subdivision regulations.

Development of the property wilt be subject to all other applicable requirements fordevelopment of the site in the event that the foregoing conditions are met, includingcorrecting any and all municipal code and/or building code violations that may existon the site before development will be permitted, complying with all applicablezoning requirements, processing any and all entitlement applications necessary fordevelopment of the site and obtaining the necessary entitlements, and complyingwith any and all conditions of approval as may be imposed on the requiredentitlements that may be granted.

In the interest of full disclosure, the property known as APN 4391-028-008 does notmeet many of the above criteria at present, and there may be no feasible way tomeet the applicable lot standards which have been in effect since prior to theapproval of the underlying Tract Map No. 21360.

APN 4391—028-020: Prior to the issuance of any permit for development, or approvalfor development of the subject property:



4) The property shall have a depth in its longest dimension of at least one hundredfifty feet (150’), shall conform as nearly as practicable to other lots in the vicinity,and shall have its building site located, so far as possible, to prevent the rearportion of one lot from being adjacent to the front portion of another lot; and,


5



7) The layout of streets, alleys, lots, and easements shall be such as to provide forsanitary sewers and storm drainage in conformity with good engineeringpractices in a manner satisfactory to the city engineer. When construction isconsidered necessary to care for such drainage, such construction shall beguaranteed by the subdivider filing security for the improvements as provided inthe City’s subdivision regulations

Development of the property will be subject to all other applicable requirements fordevelopment of the site in the event that the foregoing conditions are met, includingcorrecting any and all municipal code and/or building code violations that may existon the site before development will be permitted, complying with all applicablezoning requirements, processing any and all entitlement applications necessary fordevelopment of the site and obtaining the necessary entitlements, and complyingwith any and all conditions of approval as may be imposed on the requiredentitlements that may be granted.

In the interest of full disclosure, the property known as APN 4391-028-020 does notmeet many of the above criteria at present, and there may be no feasible way tomeet the applicable lot standards which have been in effect since prior to theapproval of the underlying Tract Map No. 21360.

APN 4391—028—012: Prior to the issuance of any permit or approval for development ofthe subject parcel:

1) A parcel map shall be required in light of the illegal subdivision that occurredwhen the subject parcel was divided from the remainder of Lot 99 of Tract mapnumber 21360, now known as APN 4391-028-011; and shall be subject to allprovisions of the City’s subdivision regulations.



5) The property shall have a depth in its longest dimension of at least one hundredfifty feet (150’), shall conform as nearly as practicable to other lots in the vicinity,

6


and shall have its building site located, so far as possible, to prevent the tearportion of one tot from being adjacent to the front portion of another lot; and,



8) The layout of streets, alleys, lots, and easements shall be such as to provide forsanitary sewers and storm drainage in conformity with good engineeringpractices in a manner satisfactory to the city engineer. When construction isconsidered necessary to care for such drainage, such construction shall beguaranteed by the subdivider filing security for the improvements as provided inthe City’s subdivision regulations.

Development of the property will be subject to all other applicable requirementsfor development of the site in the event that the foregoing conditions are met,including correcting any and all municipal code and/or building code violationsthat may exist on the site before development will be permitted, complying withall applicable zoning requirements, processing any and all entitlementapplications necessary for development of the site and obtaining the necessaryentitlements, and complying with any and all conditions of approval as may beimposed on the required entitlement that may be granted.

In the interest of full disclosure, the property known APN 4391-028-012 does notmeet these criteria now, and there may be no feasible way to obtain approval ofa parcel map or to meet the applicable lot standards which have been in effectsince prior to the approval of the underlying Tract Map No. 21360. Further, asdescribed above, the City intends to record a notice of violation against theproperty because it was subdivided in violation of the then applicable locallyadopted requirement for approval of a parcel map.

Attached for your information, please find copies of the following documents cited inthis letter:

Ordinance No. 329Ordinance No. 503Ordinance No. 811Ordinance No. 1058

7


Should you have any questions regarding the foregoing analysis, please contactMasa Alkire at 310 285-1135.

Best regards,

Ryan Gohlich, AICPAssistant Director of Community Development

Cc: David Snow, Assistant City Attorney

Enclosures

8


Representative: February 10, 2017

.JI 433 N. C*Mogp. 0gMURRAY 1. FISCHER

bunc bbbA PCrbRiOvwl CONPONATION •cvcy H.LB. cAIroqN,A 9021 0

Tt(.gpHoN (3 10) 276-3O00MUbIAY 0. FI3CHEP TCccOpIcm (3 I 0) 26-4345

LMAII.. UOFRC(..AU@CA(Th L(N.NLT

OF COUNBEL

WALTg wg,ag RCFCR TO Fig NO.

VIA EMAIL AND US. MAIL

February 10, 2017

Mr. Mahdi AluzriCity Manager of Beverly Hills455 N. Rexford DriveBeverly Hills, CA 90210

With a copy to:Mr. Masa Alkire, AICPPrincipal PlannerCity of Beverly Hiiis455 N. Rexford DriveBeverly Hills, CA 90210

Re: Response to City’s Determination for Request of Certificates of Compliance / Noticeof Intention to Record a Notice of Violation

Dear Mr. Aluzri:

Please be advised that this office along with the office of Safarian Choi & BoistadLLP represents Mr. Vance Owen, the owner of those certain parcels of land located in theCity of Beverly Hills (the “City”), bearing Assessor’s Parcel Nos. 4391-028-020 (referredto herein as “Lot 98”), 4391-028-012 (referred to herein as “Lot 99”), and 4391-028-008(referred to herein as “Lot 100”). Lots 9$, 99 and 100 are collectively referred to herein asthe “Owen Lots.”

This letter is in response to the City’s most recent letter, dated Januar)r 9, 2017. Insaid letter, the City provided analysis regarding Mr. Owen’s request for unconditionalcertificates of compliance and concluded that the Owen Lots are not entitled to theconclusive presumption provided by Section 66412.6(a) of the Subdivision Map Act. Wehave reviewed the City’s analysis along with the various ordinances provided with theletter, and we respectfully disagree with the City’s determinations that the Owen Lots donot qualify for the conclusive presumption. We believe that the relevant City ordinancesconflict with the Map Act and are thus preempted from restricting the ability to obtainunconditional certificates of compliances for the Owen Lots. Our contention with the

1

City’s determination and support for the position that the Owen Lots are in fact entitled tothe conclusive presumption is supported by the following discussion.

Section 66412.6(a) of the Subdivision Map Act Governs

Section 66412.6 provides: “For purposes of this division or of a local ordinanceenacted pursuant thereto, any parcel created prior to March 4, 1972, shall be conclusivelypresumed to have been lawfully created if the parcel resulted from a division of land inwhich fewer than five parcels were created and if at the time of the creation of the parcel,there was no local ordinance in effect which regulated divisions of land creating fewer thanfive parcels.” (S 66412.6, subd. (a).)

In the analysis below, we will determine for each of the three respective lots (Lot 98,99, 100, collectively referred as the “Owen Lots”) if (1) the parcel was created prior toMarch 4, 1972; (2) the parcel was created by a division of land into fewer than five parcels;and (3) whether any “local ordinance” within the meaning of the conclusive presumptionstatute was then in effect regulating divisions of land into fewer than five parcels.

The Creation of Lot 9$ in 195$.

Lot 9$ was created prior to March 4, 1972, evidenced by the Garrett Deed date of1958. Therefore, the first requirement of Section 66412.6(a) is met. Further, the parcel wascreated by a division of land into fewer than five parcels and thus the second requirement ismet. With regards to the third requirement of 66412.6(a) that no “local ordinance” withinthe meaning of the conclusive presumption statute was then in effect regulating divisions ofland into fewer than five parcels, we must look at the Ordinances cited and provided by theCity in the January 9th letter.

The City first cites Ordinance No. 329 and No. 503 in support of their argument.The City first adopted subdivision regulations on February 16, 1932, with its adoption ofOrdinance No. 329. These regulations, as explained by Mr. GoMich, applied tosubdivisions consisting of five or more lots over the course of a year based on definitions inState subdivision law at that time, which were set forth in California statutes of 1929,chapter 837. On May 29, 1940, the City adopted Ordinance No. 503 adopting furthersubdivision regulations and continuing to require maps for subdivisions defined in Statelaw as the creation of five or more parcels over the course of a year, as set forth inCalifornia Statutes of 1937, Chapter 670. These ordinances do not support the City’sdetermination because they do not involve the conclusive presumption and apply tosubdivisions of five or more parcels. Here, the explicit language of Section 664 12.6(a) of theSubdivision Map Act requires that there is no local ordinance in effect which regulateddivisions of land creating “Iwcr than fiveparcels.”

2

Regarding Ordinance No. 811, the City’s letter states, “Tract Map No. 21360included lots laid out in conformance with the lot standards established by Ordinance No.811.” Ordinance No. 1058, which the City adopted on February 3,1959, establishedsubdivision regulations for any divisions of land of not more than four lots, and requiredCity approval of a map for all such subdivisions. However, the City’s reliance onOrdinance No. 1058 to not allow the conclusive presumption is unsubstantiated becausethis Ordinance is adopted more than eleven months following the creation of Lot 98.Therefore, none of the ordinances preclude the application of the conclusive presumptionfor Lot 98.

Moreover, the City’s argument that the conclusive presumption does not apply toLot 98 due to the transfer violating the City’s subdivision ordinances in effect at the time isunwarranted because the presumption applies regardless of whether the creation of theparcels violated a provision of a subsequent City ordinance. While the January 9th lettermay reflect an internal City determination that the 1958 subdivision was illegal, the Cityfails to demonstrate why such an internal determination should have any impact on theparcels’ eligibility for application of the conclusive presumption. The facts do no indicatethat this is a situation where the legality of the creation of the parcels had been previouslylitigated so as to create an estoppel of some kind. Thus, the City should issue anunconditional certificate of compliance for Lot 92.

The Creation of Lot 99 in 1959.

Here, Lot 99 was created prior to March 4, 1972, evidenced by the Stevens Deeddate of 1959. Therefore, the first requirement of Section 66412.6(a) is met. further, theparcel was created by a division of land into fewer than five parcels and thus the secondrequirement is met. With regards to the third requirement of 66412.6(a) that no “localordinance” within the meaning of the conclusive presumption statute was then in effectregulating divisions of land into fewer than five parcels, we contend that Lot 99’s creationsubsequent to Ordinance No. 1058 should not bar the conclusive presumption. We firmlybelieve that upon a review of the legal merits, application of the canons of construction, andstatutory interpretation, that Ordinance No. 105$, does not fall in line with the definitionof ‘local ordinance’ pursuant to Section 66421 of the Subdivision Map Act. While we wereunable to obtain legislative history for Ordinance No. 105$, as Jason Lawrence in the CityClerk’s office could not locate it and noted that the procedure was different at the time ofadoption, we believe that the intent of said ordinance goes beyond regulation of the designand improvement of the subdivision in violation of Section 66421. MURRAY: I AMUNCLEAR ON THIS ARGUMENT. CAN YOU CALL ME TO CLARIFY? -DAVE

Assuming arguendo, that the City can show that Ordinance No. 1058, did not gobeyond regulation of the design and improvement of the subdivision in violation of Section66421, we further contend that said ordinance is repealed and superseded by Ordinance

3

No. 75-0-1561, which became effective March 4, 1985. Ordinance No. 75-0-1561 providesan amendment to the definition of Subdivision:

“The division of any improved or unimproved land, shown on the latestequalized county assessment roll as a unit or as contiguous units, for thepurpose of sale, lease, or financing, whether immediate or future. Propertyshall be considered as contiguous units, even if it is separated by roads,streets, utility easements, or railroad rights of way. “Subdivision” shallinclude any common interest deve]opment, as defined in section 1351 of theCalifornia Civil Code or its successor statute. Any conveyance of land to agovernmental agency, public entit, or public utility shall not be considered adivision of land for the purposes of computing the number of parcels.”

Note that this language defining ‘subdivision’ expressly differs from the one provided inOrdinance No. 105$. Therefore, Ordinance No. 1058 is not applicable, was effectivelyrepealed, and should not be discussed with regards to make a determination of theconclusive presumption. Rather, Ordinance No. 75-0-1561 applies in this instance.However, this ordinance will not preclude a conclusive presumption of legality for Lot 99,because it was adopted several years after the creation of Lot 99. Thus, the City shouldissue an unconditional certificate of compliance for Lot 99. Furthermore, Mr. Owen wouldlike to, and hereby does,formally object to the filing of the notice of violation regarding Lot99 or any of the Owen Lots.

The Creation of Lot 100 in 1956

Here, Lot 100 was created prior to March 4, 1972, evidenced by the Shafer Deeddate of 1956. Therefore, the first requirement of Section 664 12.6(a) is met. further, theparcel was created by a division of land into fewer than five parcels and thus the secondrequirement is met. The third requirement of 66412.6(a) that no “local ordinance” withinthe meaning of the conclusive presumption statute was then in effect regulating divisions ofland into fewer than five parcels is satisfied here for the same reasons listed above for Lot98. The Shafer Deed dated June 20, 1956 precedes the operative date of Ordinance No.1058.

To reiterate the argument made for Lot 98, while the January 9th letter may reflectan internal City determination that the 1956 subdivision was illegal, the City again herefails to demonstrate why such an internal determination should affect the parcels’ eligibilityfor application of the conclusive presumption. No facts here show that this is a situationwhere the legality of the creation of the parcels had been previously litigated so as to create

an estoppel of any kind. Thus, the City should issue an unconditional certificate of

compliance for Lot 100,

Thank you, Mr. Aluzri, for your prompt attention to the foregoing analysis and Ihope that I have effectively emphasized Mr. Owen’s position as to the City’s response. Our

4

goal is to cooperate with the City and reach an amicable solution without resorting to otherlegal remedies. Therefore, I am writing to respectfully request a meeting with you or amember of your staff to further discuss our challenging contention and foregoing analysisand, to alternatively, explore options with the City going forward with respect to the OwenLots. Thank you very much for your consideration of this request. I will wait to hear fromyou to schedule a meeting with us. In the interim, if I can be of any assistance to you or yourstaff or if you have any questions, please do not hesitate to contact me at (310) 276-3600.

Sincerely,

LAW OFFICES OF MURRAY D. FISCHERA PR SI AL CORPORATION

M RAY D. FISCHER

cc:David C. Bolstad, Esq.Safarian Choi & Boistad [email protected]

5

Attachment 8Correspondence from Owner’sRepresentative: April 14, 2017

Safatlafl Safarian Choi &

Ch• 555 S. Rower Street

OI Suite 650

BLos Angeles, CA 90077

oIstaci Main / 213 481 6565FacslmlIof2l3 225 1146

safarianchoi.com

David C. Boistaddhostad@safañanchc,icornDirect / 213 481-6575

April 14, 2017



Re: Certification of Lots Identified as Assessor’s Parcel Nos. 4391-028-020, 4391-028-012,and 4391-028-008 (the “Owen Lots”)

Dear Mr. Alkire:

This will follow up our meeting of March 15, 2017 in which we discussed the status ofVance Owen’s Application for Certification of the Owen Lots and, in particular, Lot 99 thereof,bearing Assessor’s Parcel No. 439 1-028-012 (“Lot 99”), which is located adjacent to, andeasterly of, the real property located at 1151 North Hillcrest Road, Beverly Hills, California,bearing Assessor’s Parcel No. 4391-028-011 (the “1151 N. Hillcrest Lot”).

As you know, prior to 1959, Lot 99 and the 1151 N. Hillcrest Lot were part of the sameparcel of land identified as Lot 99 of Tract 21360 in the City of Beverly Hills, County of LosAngeles, State of California, as shown on map recorded in Book 587, Pages 59 to 63 inclusive ofmaps, records of said county (the “Original Lot 99”). At that time, the Original Lot 99 wasowned by Trousdale Construction Company and Texas Construction Company (“Trousdale”).

By Corporation Grant Deed dated August 25, 1959, and recorded on September 3, 1959as Instrument No. 2239 of Official Records, in the Office of the Los Angeles County Recorder,State of California, Trousdale conveyed a portion of the Original Lot 99 consisting of the 1151N. Hillcrest Lot, to George Stevens (the “Stevens Deed”), thereby creating both the 1151 N.Hillcrest Lot and Lot 99.

Thereafter, as you know, in 1993 the City of Beverly Hills issued a certification ofcompliance determining that the 1151 N. Hillcrest Lot had been legally created in the t950s prior

Mr. Masa AlkireApril 14, 2017Page 2

to the City’s regulation of subdivisions creating fewer than five parcels. Nevertheless, in yourJanuary 9, 2017 letter, the City has taken the fundamentally inconsistent position that Lot 99 isillegal because the Stevens Deed was dated August 25, 1959 more than six months afterOrdinance No. 1058 was adopted by the City on February 3, 1959.

As we informed you at our meeting, we believe Lot 99, like the 1151 N. Hillcrest Lot,was legally created and, in all events, the City would be estopped from taking the position thatLot 99 was illegally created given the City’s subsequent issuance of a certification of compliancefor the 1151 N. Hillcrest Lot. Indeed, at the time that certification of compliance was issued forthe 1151 N. Hillcrest Lot, the City was well aware of the manner in which that parcel wascreated by the Stevens Deed and the resulting remainder lot—Lot 99. Yet the City took noaction whatsoever against Trousdale, which divided the lots, nor imposed any conditions uponthe use of the remainder Lot 99. Moreover, the City issued no citation for the alleged improperlysubdivided lot, despite its awareness of the Stevens Deed and the manner in which Lot 99 wascreated. Now, twenty five years later, after Mr. Owen purchased Lot 99 from Trousdale, theCity asserts for the first time that Lot 99 was illegally subdivided and seeks to impose conditionsupon certification that render the Lot useless.

We believe the facts make clear that Lot 99 is, and was the Lime the 1151 N. Hillcrest Lotwas certified, a legal lot. But even assuming, arguendo, that Lot 99 is not in compliance, wewould request that the City provide us with alternative conditions that can be met such that Lot99 may be developed by Mr. Owen and thereby provide, among other things, much needed taxbase for the City. Such conditions might include a requirement that lots 98, 99 and 100 be tiedinto a single lot, or a requirement that Mr. Owen obtain and confirm Street frontage and accessthrough Warbler Way in the City of Los Angeles.

Again, we invite the City to consider and propose these and other such alternativeconditions that will not have the effect of rendering the Owen Lots unusable, thereby constitutinga taking subject to compensation. As always, Murray Fischer and I are willing and available todiscuss options and alternatives and we look forward to your response.

Sincerely,

David C. Bolstad

cc: Murray Fischer, Esq.

Attachment 9Location Map

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Attachment 11Photo of Subject Area

1157 Hillcrest Road

Aerial Photograph

Perspective Photograph

Attachment 12Ordinance No. 329

ORDINAIWE NO. 329

AN ORDINANCE PSCRIBING RULES AJ!D REGULATIONSGOVERNING THE FILING AND APPBOVA OF SUBDIVISIONS OF LkNI) IN AND DJACEIT TO 1T CITYOF BEVERLY HILLS, dUCH SAID ORDINANCE IS ADOPTEDPURSUANT TO THE PROVISIONS OF ChAPTER 837 OF THESTATUTES OF 1929 OF STATE OF C..LIFORNIA,APPROVED YUHE 1?, 1929.

The City Council of the City of Beverly Hills do

ordain as follows:

Section 1. For the purpose of this Ordinance, certain

terms used herein are defined as follows:

All words used in the present tense shall include the

future; all words of the plural number shall include the singular

number, and all words useã in the singular number shall include the

Dlural number unless otherwise expressly specified herein.

All words end terms used herein which are defined in

Chapter 837 of the Statutes of 1929 of the State of California, as

amended, shall have the same meaning as therein defined.

“Council” shall mean the City Council of the City of

Beverly Hills.

“Street Vidth” is defined as the distance between

property lines.

“Primary Street” shall mean any thoroughfare of an

existing or intended one hundred foot (100’) width between property

lines, or greater, or its eqjiivalent width in traffic carrying

capacity (including sidewalks) when siown as such on the official

Street plans of the City.

“Secondary Street” shall mean any thoroughfare which is

not a primary street, as above defined, but which exists or is

intended for through traffic carrying purposes, and which is shown

as such on the official street plans of the City.

“Key Lot” shall mean the first lot to the rear of a

corner lot, the front line of which is a continuation of the side line

of the corner lot and which lot fronts on the street which intersects

the street upon which the coner lot fronts.

\

“Building Line” shall mean a line between which line

321

and the street line no building, structure, and/or improvement

or a portion thereof may be erected, constructed and/or

established.

Sect±on 2. y sub—divider desiring to lay out for

the purpose of sale or recordation any sub—division or land in

fl the City of Beverly Hills shall fi’e with the City Engineer of said

City not less than three (3) copies of a tentative map of the

proposed subdivision. Said tentative map shall have been prepared

by a licensed surveyor or Civil Engineer and shall contain the

following data and information;

(a) The boundaries of the property subdivided and suitable tiesto government corners or corners of recorded subdivisions or otherrecognized survey corner or lines, and, if the property Is a portionof a government legal subdivision, the Section, half section andquarter section lines thereof, or, if the property is a portion ofa prior recorded private subdivision, the lot and block lines of suchexisting subdivision.

(b) The portions of the boundry lines of adjacent government orprivate subdivisions snfficieut to indicate their location and alsothe lines, width and names of adjacent streets, alleys and otherpublic places and, if any proposed street, alley or other publicplace in the subdivision is a continuation or appro.mately acontinuation of an. existing street, alley or other public place,the conformity or amount of non-conformity between such proposedstreet, alley or other public place and the e.sting street, alleyor other public place must be accurately shown. AU lines ofsurrounding subdivisions and property and adjacent streets not partof the subdivision and all lines of government subdivisions or priorsubdivisions of the same pxperty shall be broken or otherwiseclearly distinguished from lines constituting the subdivision:

which is the subject of the map.

Cc) The lines of city, county, school, p4rk or other public

grounds or property in or adjacent to the sbbdivision.

(a) The location, course anc width of all water courses living or

dry and of all areas subject to inundation or storii water overflow

Jin the subdivision.

(e) The location of all ditches, railroads, buildings or other

structures on or across the land to be subdivided an.d all natural

obstacles or objects, including trees over six indies (6”) in

diameter at the base of trunk, existing in the subdivision.

(fj The lines, widths, names (or proposed names) and approximate

per cent of grade of each street, alley or other area in the

subdivision proposed to be dedicated to public use.

fg) A clear indication of any streets, alleys, squares, ways or

other public nlaces or any reserved strip or area lai out but not

proposed to be dedicated to public use by the map.

(Ii) The lines and dimensions of all lots and blocks in the sub

division, and the numbers or letters assigned each.

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fi) The location and description by sy7nbol of all monuments orstakes set in the subdivision.

fd) The radius and beginning and ending of each curve, withcustomary curve data and the degrees in. each angle except thatright angles need be indicated only at block corners or othergoverning points.

(k) All dimensions linear and angular necessary to locateboundaries of the subdivision, lots, blocks1 streets, alleys andother lines or parts of the subdivision.

(1) Dotted lines showing easements for public utilities, drainageand other public uses.

(in) Plan and easements for drainage end for handling storm waters.

fu) Indication of any other lines, restrictions or ei.stingnatural or artificial conditions in the subdivision affecting theuse of the property for subdivision purposes.

fo) North point with basis of bearing.

(p) Scale of the map, which shall be one hundred feet (100’) or1e55 to the inch, provided, that in acreage subdivisions wherelots are one—half (1/2) acre or more in area, the scale may betwo hundred feet (200’) to the inch. If necessary to provide theproper scale, more than one sheet may be used, but the relationof the several sheets must be clearly shown on each, and, if morethan tour (4) sheets are used, a key map must be filed therewith.

fq) Date of survey and ante of map.

fr) The name, title and tract number under which the sub—division

map is to be recorded.

(s) Legal description of the property contained in the subdivisions

ft) tre name of the owner or subdivider and of the engineer Or

surveyor preparing the mar and the name and address of the person

to whom notices of the approval or disapproval 01’ the map and other

notices are to be sent.

fu) Contour lines referring to City datum in all cases where the

slope of the land in the subdivision, or any part thereof, is one

percent (1%) or more. The contour intervals shall be indicated on

the map and shall be such distance, not more than five feet (s’),

as

fully to show the configuration of the land and any and all

depressions which present a drainage problem. Such contour lines

may be shown on a separate map attached to and made a part of the

tentative map.

fv) A profile of each street in the subdivision showing among

other necessary data the gutter grades. Such profile may be shown

on a separate sheet attached to and made a part of the tentative

map.

Before said tentative map may be ccepted by the City

council, each copy thereof shall have been certified to by the City

Engineer as to its compliance with the above specifications and a

tract number or name shall have been secured from the County

Surveyor of Los Angeles County. Such aaditional maps as may be

required by the City Council or the City Engineer shall be filed

by the sub—divider at the time of presenting a tentative map for

approval

At the time of tiling such tentative map, the sub

divider shall rile therewith a statement as to the.general

character of improvements which he proposed to make on the streets

in said proposea sub—division, such as trees, ornamental lighting‘ ) system, sidewalks, curbs, paving, conduits and public utilities,

mains and ser’ie.

Section 3. The City Council shall not take action on

any tentative map until a report has been received from the City

Engineer, unless more than Litteen (15) days have elapsed since the

map was first filed. In the approval of tentative maps, the City

Council shall require as a condition of approval and shall enumerate

the changes necessary to conform to the following regulations.

(a) STREETS

1. The width and ailgbment of all primary and secondary

streets shall conform to those streets already existing in the City

of Beverly Hills adjacent to said sub-division, and to the require

ments of the City Council, and shall conform to any proceeding

affecting the sub-division which may have been initiated by the

Council or approved by said Council, upon initiation by other

legally

constituted bodies of the County or State.

. All streets as rar as practicable shall be required to be

in alignment with existing adjacent streets or their proper

projection and in general conformity with the general street plan

of the City, provided that in cases where the holdings are large

enough, a modified curved street layout may be required or permitted

nrovided such a layout will not interfere with the general street

plan and that all boundary connections are made satisfactorily.

3. A ijinimum width of sixty feet (601) between property lines

shall be maintained on all 11j streets unless it can be definitely

-4-

shown that topography or local conditions will not Dermit such awidth or that a lesser width is more suitable.

4. The width of streets or roads on hillside ormountainous land shall be determined by expected future traffic

needs

and topographical conditions and the decision of the City

Council thereon shall be conclusive. All mountainous highways

which form a part of primary or secondary traffic routes shall

have a minimum width of forty feet (40’) between property lines

but shall be made wider on curves where the topography will permit.Other mountainous roads Of more than frontage importenee shall have

a minimum width of thirty feet (30’) between property lines. These

widths shall be approved only where the Council, in the exercise

of reasonable discretion, determines that the cross slope will not

permit of a greater width.

5. The rate of grades of all streets shall be kept as

low as possible, bearing in mind the advantageous development or the

property. Streets of more than local importance shall not exceed a

maximum grade of ten percent C 10%) and no street shall be approved

with a maximum grade in excess of fifteen percent (15%) unless

by special permission of the Council.

6. A minimum center line radius of fifty feet (50’)

shall be maintained on all winding mountainous streets, while a

minimum

of three hundred feet fOO’) shall be required on all

through traffic stzees. xzxxi Streets of less than thirty feet

(30’) in width shall be widened to a thirty-foot (30’) width when

the center line radius is the minimum or near the minimum. Street

intersections shall be as nearly at right angles as possible, and

care shall be taken in laying out intersections that adequate, but

not excessive area is offered for dedication. Grades of

streets leading into through streets from above shall be reducea

as much as practicable near the intersection.

—5—

‘7 At all block corners, rounding or cutting back

at the property lines shall be required. The intersection corners

on all primary and secondary streets shall be rounded by twenty-

Loot (20’) radii on property line; nil other corners shall be

rounded by ten—toot (l0’) radii on property line. Where business

development

is anticipated, in order to simplify building

construction, an optional method of a diagonal cutoff substantially

equivalent may be used, instead of rounding.

8. Private streets, alleys or ways shall not be

approved.

(b) ALLEY8

1. Alleys twenty feet (20’) in width shall be required

at the rate oL lots fronting on primary or secondary streets and

at the rear of all lots shown as business property on the Zone PLap,

such alleys to be at a minimum distance of one hundred twenty feet

(120’) from such streets, except where the property between such

alley and such street is zoned for business purposes; and provided,

further, that such alleys shqll be laid out in a manner that does

not interfere more than necessary with traffic on the principal

streets adjacent to such block. AU alleys other than those

mentioned above shall have a minimum width of twenty feet (20’)

and shall be required at the rear of all lots except where the

topography makes them impracticable. When two (2) alleys intersect,

the

intersecting corners shall be cut back or rounded in a manner

satisfactory to the City Engineer.

Where alleys are not provided at the rear of lots,

easements for water pipes, gas pipes, heat pipes, storm and sanitary

sewer pipes and man holes, telephone, electric and signal lines

and such other public utilities as may come into use shall be

dedicated not less than ten feet (10’) in width or five feet (5’)

on each side of all rear lot lines and side lot lines where

necessary to reach existing pipes, mains and lines, or, in their

—6—

absence1 proposed pipes) mains and lines; provided, that in all

cases the proposed right—of—way must avoid entering or crossing

streets wherever possible.

(c) LOTS

L.

The City oI’ Beverly Hills shall be divided into

three (5) zones) to—wit:

NOB1ELY ZONE

The Northerly zone shall consist or all property lying

between Sunset Boulevard and the Northerly boundary of said City.

The lots in that zone shall in ail subdivisions conform with present

adjacent and existing contiguous lots, blocks and subdivisions and

use of property and all conditions shall be subject to the approval

of the City Council.

SOUflLY ZONE

The Southerly zone shall consist cf all lots lying

southerly ci’ the northerly line of Santa Monica Boulevard and/or

Wilshire Boulevard, together with @1 lots fronting on Doheny D;iVe,

and such lots shall have a minimum frontage width of fifty feet

t50’) and a minimum area of six thousand (6,000) square feet except

in circular or irregular blooks in which case the area may wary at

the discretion of the city Council. Provided, however, that all

business lots ‘wherever situated shall have a minimum area of five

thousand

(5,000) square feet and residential income lots wbereyer

situated shall have a minimum frontage of fifty feet (50’) and a

minimum area ci seven thousand five bunured (7,50O) square feet.

CENTRAL ZONE

The Central zone shall consist of all of the remainder

ci’ the city of Beverly Hills.

2. Where lots adjoin primary or secondary streets,

they shall front on said streets, and on local sreets, all lots

shall front upon the streets which parallel the 1oz dimension of

—7—

3ac

the block. Key lots shall not be permitted unless it can be

deTinitely established that they cannot be avoided.

3. The side lot lines of all rectangular lots end

all other lots so tar as possible shall be at right angles to the

street on which the lot fronts. Double frontage lots shall not

be approved unless conditions are shown which, in the reasonable

exercise of judgment or the Council, show that such double front

age lots cannot be avoided.

4. There parcels of land are sub-divided into larger

lots than building lots (acre farms or larger), such parcels shall

be divided so as to allow for the opening and ultimate extension of

adjacent local streets. Where parcels are so divided1 each lot

indicated shall be of such size and shape to permit any individual

owner to re-subdivide, giving each lot legal aCcess, independent of

the adjoining owners.

(d) BLOCES

Blocks over six hundred sixty feet (660’) are not

desirable anã shall not be approved except where the topography

or other special conditions make it imperative in the reasonable

judgment or the Council to provide longer blocks. In every case

where blocks of more than nine hundred feet (900’) are platted

for residential development, they shall be broken near the center

by

a ten foot (10’) walkway. No.walkway shall be approved which has

a grade exceeding thirty percent (50%).

(a) DEAINAG

In all sub—divisions, the lay-out of streets, alleys,

lots and easements must be such as to provide for sanitary sewer

and drainage in a manner satisfactory to the City Engineer, and

where construction is considered necessary to care for such

drainage, said construction must be guaranteed by a bond satisfactory

to the City Attorney.

(t) BUILDING LINES

Front line set—backs shall be required whenever the

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4

City Council, in the exercise of sound judgment, determines that

the public health, safety, convenience ahd general welfare will be

conserved or furthered by such requirements. The same may also

be required in lieu of street widenings. When required, such

building lines shall be indicated on the map at the distance from

the

street lines as specified.

(g) STREET NAMES

Any street which is a prolongation or approximately

a prolongation of an existing street shall be given the same name;

otherwise no street shall be designated by the same name us that

borne by any other street in the city irrespective of the use of the

suffix “street”, “avenue”, “boulevard”, “drive”, “way”, “place”,

“court”, or other similar term. The City Engineer shall have power

to suggest to the Council and the Council shall have power to change

the name of any street shown on a subdivision map, or to designate

a name where no name is shown.

fh) DEDICATIONS

Every street, alley or other public place shown on any

sub-division map of land within the City shall be dedicated to the

City when such dedication is deemed necessary by the City Council

for the public use, but this shall not be construed as an acceptance

of any such dedication.

Reserve strips of land controlling access to or egress

frog

other property or to or from any street or alley or having the

effect of restricting or damaging the adjoining property for sub

division purposes or which will not be taxable or assessable for

special improvements shail not be permitted in any subdivision

unless such reserve strips are conveyed to the city.

Ci) EXCEP1IONS

It is realized that certain parcels of land exist of

such size, subject to such title restrictions, so affected by

topographical location, and devoted to such usage, that it is

impossible for the owner to conform to the above rules and

—9—

_______________--------

—

regulations when sub-dividing. Exceptions may be granted in suck

cases only when the City Council shall, in the exercise of sound,

reasonable judgment, determine that condition.s affecting the

property in question warrant and require such exceptions,

provided1 however, that no exceptions may be made to any require

ments, imposed by Chapter 637 of the Statutes of 1929 of the

State of California, approved June 1?, 1929, as it is now or may

hereafter be amended. The fact that any requirement is made by

the City Council, or that any sub-division map is approved by

the Council with enumerated changes or without change shall be

conclusive evidence that the Council has considered and has made

the necessary findings supporting such map or requirements.

Section 6. In the event that the Council’s action is

for disapproval, the grounds for suck disapproval shall be stated

and the sub-divider and the City ngineer notified of such action,

and the file returned to the City Engineer.

No final map of said tract shall be accepted for check

by the City Engineer until the Council’s action on said tentative

map shall have been received by him, and then only in the event

that said final map shall conform to the Council’s action thereon.

Section 5. Within one (1) year after the return of

the tentative map to the sub4divider, or at a later date fixed by

mutual

agreement between the City Couhcil and the sub—divider, the

sub-divider shall, after having had completed a careful and correct

survey leaving such permanent monuments as may be required by the

city Engineer, file with sale City Engineer one (1) original on

tracing cloth and three (3) prints of the viual sub—division map,

otherwise all proceedings shall automatically terminate and a new

tentative map shall be submitted. The City Engineer shall refuse

to accept any final map which does not conform to all the provisions

of Chapter 637 of the Statutes of 1929 of the State of California

as it is now or hereafter may be amended, and to the conditions of

— 10 —

a

tentative approval, upon which center line data has not been

indicated, accompanied by the following;

(a) A statement that all taxes payable on all

property within the limits of the tract are paid in full and an

adequate tax bond, when such tax bond is required by the City

Engineer;

(b) A dedicatin letter dedicating all streets,

alleys, public improvements and utilities to the City of Beverly

Hills,

fc) Traverse sheets showing all blocks closing

mathematically within the limits of the tract, said traverse to be

made both on center lines and property lines.

(d) A receipt for the payment of all special assess

ments which may be paid in full and to which the sub—division is

subject, or a letter from the City Engineer stating that in lieu

of such payment, the sub—divider has filed with said City Engineer

a surety bond insuring the payment of all interest and principal

payments for a period of five (5) years from the date of said bond,

and furthermore, insuring the payment of the outstanding principal

in full within five (5) years from said date.

fe) A bond in the amount of one hundred percent (100%)

of the cost of all proposed street improvements as estimated by the

City Engineer, which bond shall expressly state the kind and

character

of improvements which the Contractor proposes to make

and the time within which such improvements shall be made, that is,

as to street paving, curbs, sidewalks, sewels, trees, ornamental

lighting systems and public utility instailationa, which bond shall

be conditioned on the faithful performance of such work and shall

stipulate that judaent may be had thereon as providea in Chapter

837 of the Statutes of 1959 of the Stte of California, as the same

may now or hereafter be amended; also a bond for labor and material

in the amount of fifty percent (50%) of the estimated cost.

-U-

ill said street inmrovements in any subdivision

shall be made in accordance with the standard specifications for

such improvements on file in the office of the City Engineer, and

in accordance with the requirements of the City Engineer and City

Council.

The

City Engineer shall check the final map e.nã when

satisfied that all the conditions of tentative approval imposed by

the City Council have been satisfactorily met: that all of the

provisions of Chapter 657 of the Statutes of 1929 of the State of

California, as it Is now or mai hereafter be amended have been

complied with and that all center line data monuments, survey

data and mathematical data and computations are correctly and

satisfactorily indicated on the map and on the ground shall within

fourteen (14) days a’ter the filing of said final map and other

required information and data, certify to its correctness thereon

and transmit ±t together with such other information end recommend

ations as deemed necessary to the City Council, or shalireturn said

map to the sub—divider, together with a statement setting forth the

grounds for its disapproval and the necessary steps to make it

acceptable. If said City Council approves said final map, it shall

return the map to the City Engineer, who shall, in turn, transmit it

to the County ecorder of Los Angeles County for recordation. If

the map i disapproved by the City Council, it shall be returned‘ with the reasons for such disapproval to the City Engineer, who shall

return the same to the sub-divider.

Nothing contained in this section shall be construed

as prohibiting any sub—divider from filing such a bond as

described in Sub—section (ci) hereof.

Section 6. If any section, sub—section, sentence,

clause or phrase of this Ordinance is, for any reason, held to be

invalid or unconstitutional by the decision of any Court of

competent jurisdiction, such decision shall not affect the validity

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of the remaining portions of the Ordinance. The Council 0± the

City of Beverly Hills hereby declares that it would have passed

this Ordinance, and each section, sub—section, sentence, clause

and phrase thereoi irrespective of the fact that any one or more

other sections, sub—sections, clauses or phrases be declares

invalid or unconstitutional.

j Section 7. The City Clerk shall certify to the

passage and adottion of this Ordinance, and to its approval by the

City Council and shall cause the same to be published once in the

Beverly Hills Citizen, a newspaper of general circulation, printed,

published and circulated in said City of Beverly Hills, and thirty

(30) days after the passage and adoption hereof, this Ordinance

shall be in full force and effect. The City Clerk shall,

immediately upon the adoption of this Ordinance, record a certified

copy hereof in the office of the County Recorder of the County of

Los Angeles, State of California.

Adopted and approved this 16th day of February , 1952.

Mayor o1 the City ofBeverly Hills, California.

er

I

ORDINANCE NO. 5

AN ORDINANCE RElATING TO SUBDIVISIONSAND REPEALING ALL ORDINANCES IN CONFLICT ThERE?!ITH

The City Council of the Cit7 of Beverly Hills does ordain

as

follows:

Section 1. For the purpose of this ordinance, certain terms

used herein are defined as follows:

AU words used in the present tense shall include the future;

all words of the plural number shall include the singular number; and

aU words used in the singular number shall include the plural number,

unless otherwise expressly specified herein.

All words and t erms used herein which are defined in the

Subdivision Map Act, Chapter 670, Statutes of l97, page 1863, et seq,

of the State of California, as amended, shall have the same meaiing

as therein defined, except as herein specifically defined.

“Council” shall mean the City Council of the City of

Beverly Bills.

“Street width” is defined as the distance between property

lines.

“Primary street” shall mean any thoroughfare of an existing

or intended one hundred foot (100’) width between property lines,

including therein the sidewalk, if any, or any greater width or its

equivalent width in traffic carrying capacity when shown as such

thoroughfare

on the official street plans of the City.

“Secondary street” shall mean any thoroughfare which is not

a primary street as above defined, but which exists or is intended

for through traffic carrying purposes and which is shown as such

thoroughfare on an official plan of the City or on any proposed street

plan of a proposed subdivision filed with the City, but which is not

less than sixty (60) feet in width between property lines.

“Key lot” shall mean the first lot to the rear of a corner

lot, the front line of which is a continuation of the side line of

the corner lot and which key lot fronts on the street which intersects

the street upon which the corner lot fronts.

603

“Building line” shall mean a line between which line and the

street line no building, structure, and/or improvement, or a portion

thereof, may be erected, constructed, and/or established.

Section 2. Any subdivider desiring to lay out for the purpose

of

sale or recordation any subdivision of land in the City of Beverly

Hills shall file with the City Engineer of said City not less than

three (3) copies of a tentative map of the proposed subdivision. Said

tentative map shall have been prepared by a licensed surveyor or Civil

Engineer and shall contain the following data and information:

A) The boundaries of the property subdivided and suitable ties

to government corners or corners of recorded subdivisions or other

recognized survey corner or lines; and, if the property is a portion of

a government legal subdivision, the Section, half—section, and quarter-

section lines thereof; or, if the property is a portion of a prior

recorded private subdivision, the lot and block lines of such existing

subdivision.

B) The portions of the boundary lines of adjacent government or

private subdivision sufficient to indicate their location and also the

lines, width, and names of adjacent streets, alleys, and other public

places and, if any proposed street, alley, or other public place in the

subdivision is a continuation or approximately a continuation of an

existing street, alley, or other public place, the conformity or degree

of non-conformity between such proposed street, alley, or other public

place

and the existing street, alley, or other public place must be

accurately a hown. All lines of surrounding subdivisions and property

and adjacent streets not part of the subdivision and all lines of

government subdivision or prior subdivisions of the same property shall

be broken or otherwise clearly distinguished from lines constituting

the subdivision which is the sub3ect of the map.

(C) The lines of city, county, school, park, or other public grounds

or property in or adjacent to the subdivision.

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ö 03

CD) The location, course, and width of all water courses, living

or dry, and of all areas subject to inundation or storm water overflow

in the subdivision.

CE) The location of all ditches, railroads, buildings, or other

structures on or across the land to be subdivided and nfl natural

obstacles

or objects, including trees over six inches f6It) in diameter

at the base of trunk, existing in the subdivision.

C F) The lines, widths, names (or proposed names) and approximate

per cent of grade of each street, alley, or other area in the sub

division proposed to be dedicated to public use.

(G) A clear indication of ay streets, alleys, squares, ways, or

other public places, or any reserved strip or area laid out but not

proposed to be dedicated to public use by the map.

(H) The lines and dimensions of all lots and blocks in the sub

division, and the numbers or letters assigned each.

(I) The location and description by symbol of all monuments or

stakes set in the subdivision.

(J) The radius and beginning and ending of each curve, with cust

omary curve data and the degrees in each angle except that right angles

need be indicated only at block corners or other governing points.

(K) All dimensions linear and angular necessary to locate boundar

ies of the subdivision, lots, blocks, streets, alleys, and other lines

or parts of the subdivision.

CL) Dotted lines showing easements for public utilities, drainage,

and

other public uses.

(M) Plan and easements for drainage and for drains for handling

storm waters.

tN) Indications of any other lines, restrictions, or existing

natural or artificial conditions in the subdivision affecting the use

of the property for subdivision purposes.

(0) North point with base of bearing.

C?) Scale of the map, ich shall be one inch (1”) to one hundred

(100’) feet, or less, provided that in acreage subdivision where lots

are one-half (1/2) acre or more in area, the scale may be one inch

-5-

-503 q

(1”) to two hundred feet (200’). If necessary to provide the proper

scale, more than one sheet may be used, but the relation of the several

sheets must be clearly shown on each, and if more than four (4) sheets

are used, a key map must be filed therewith.

Q) Date of survey and date of map.

(R)

The name, title, and tract number under which the subdivision

map is to be recorded.

Cs) Legal description of the property contained in the subdivision.

CT) The name of the owner or subdivider and of the engineer or

surveyor preparing the map and the name and address of the person to

whom notices of the approval or disapproval of the map and other

notices are to be sent.

(U) Contour lines referring to City datum in all cases where the

slope of the land in the sdivision, or any part thereof, is one per

cent (1%) or more. The contour intervals shall be indicated on the

map and shall be such distance, not more than five feet (5’), as

fully to show the configuration of the land and any and all depressions

which present a drainage problem. Such contour lines may be shown on

a separate map attached to and made a part of the tentative map;

provided that if as much as fifty (50) square feet ofany lot in any

proposed subdivision shall have been flUed as much as eighteen (18)

inches above the natural surface, such fill shall be Indicated by

contour lines or other legible manner on the tentative map of such

subdivision or upon a special map attached thereto.

(V)

p. profile of each street in the subdivision showing among

other necessary data the gutter grades. Such profile may be shown on

a separate sheet attached to and made a part of the tentative map.

Before said tentative map may be accepted by the City Council,

each copy thereof shall have been certified to by the City Engineer as

to its complaince with the above specifications, and a tract number or

name shall have been secured from the County Surveyor of Lee Angeles

County. Such additional maps as may be required by the City Council

or the City Engineer shall be filed by the subdivider at the time of

presenting a tentative map for approval.

-4-

,4;; q

At the time of filing such tentative map, the subdivider

shall file therewith a statement as to the general character of im

provements which lie proposes to make on the streets in said proposed

subdivision1 such as trees, ornamental lighting system, sidewalks,

curbs, paving, conduits, and public utilities, mains and services,

and

shall indicate the set-back line applicable to each lot therein.

Section 3. The City Council shall not take action on any

tentative map until a report has been received from the City 2ngineer,

unless more than fifteen (15) days have elapsed since the map was

first filed. In the approval of tentative maps, the Cit7 Council

shall require a a a condition of approval any changes necessary to

produce conformity with the requirements of this ordinance.

A) STREETS

1. The width and alignment of all primary and secondmy

otreets shall conform to the width and alignment of those streets

already existing in the City of Beverly Hills adjacent to said sub

division and to the requirements of the City Council in conformity

therewith or subsidiary thereto, and shall conform to any proceeding

affectin6 the subdivision which may have been initiated by the Council,

or approved by said Council upon initiation by other legally constituted

bodies of the County or State, unless by action of said. Council and

such other bodies a different width and allfgnment shall be approved.

2. All streets as far as practicable shall be required to be

in alignment with existing adjacent streets or their proper pro-

jection

and in general conformity with the general a treet plan of the

City; provided that in cases where the holdings are large enough, a

modified curved street layout may be required or permitted in the

event that such a layout will not interfere with the general street

plan and that all boundary connections are made satisfactorily.

3. A minimum width of sixty feet (60’) between property lines

shall be maintained on all streets unless it can be definitely shown

that topography or local conditions will not permit such a width or

that a lesser width is more suitable.

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O3

4. The width of streets or roads on hillside or mountainous

land shall be determined by expected future traffic needs and topo

graphical conditions and the decision of the City Council thereon,

after investigation and hearing, shall be conclusive. All mountain

Qua highways which form a part of primary or secondary traffic routes

shall have a minimum width of forty (40’) feet between property lines

but shall be made wider on curves where thø topography will permit.

Other mountainous roads of more than local importance shall h ave a

minimum width of thirty feet (50’) between property lines. These

widths shall be approved only where the Council, in the exercise of

reasonable discretion, determines that the topography will not permit

of a greater width.

5, The rate of grades of all streets shall be kept as low as

possible, bearing in mind the advantageous development of the sub

division and surrounding property, Streets of more than local im

portance shall not exceed a maximum grade of eight per cent (8%),

and no street shall be approved with a maximum grade in excess of

twelve per cent (12%) unless by special permission of the Council.

6. A minimum center line radius of fifty feet (50’) shall be

maintained an all winding mountainous streets, and a minimum of three

hundred feet (300’) shall be required on all through traffic streets.

Existing streets of less than thirty feet (50’) in width shall be

widened to a thirty-foot (50’) width when the center line radius is

the minimum or near the minimum. Street intersections shall be as‘ nearly at right angles as possible; and care shall be taken in laying

out intersections that adequate, but not excessive area, is offered

for dedication. Grades of streets leading into through streets from

above shall be reduced as much as practicable near the intersection.

7. At all block corners, rounding or cutting back at the pro

perty lines shall be required. The intersecting corners on all pri

mary and secondary streets shall be rounded by a curve whose radius

of curvature is at least twenty feet (20’) on the property line; all

other corners shall be rounded by curves whose radii of the curvature

are at least ten feet (10’) on the property line. Where business

—6—

- I

EOS 1

development is anticipated, an optional method of a diagonal cutoff

substantially equivalent may be used instead of rounding, in order

to simplify building construction.

8. Private streets, alleys, or ways shall not be approved,‘ except where the City Council, after investigation and hearing,

finds that public dedication is impractical. All alleys and private

streets shall be paved and approved the same as public alleys or

streets.

(3) ALLEYS

1. Alleys twenty feet (20’) in width shall be required at the

rear of lots fronting on primary or secondary streets and at the rear

of all lots shown as business property; and provided further that such

alleys shall be laid out in a manner which will not cause greater

interference with traffic on the principal streets adjacent to such

block than is necessary. All alleys other than those mentioned above

shall have a minimum width of twenty feet (20’) and shall be required

at the rear of all lots except where the topography makes them im

practicable. When two (2) alleys intersect, the intersecting corners

shall be cut back or rounded, if practicable, in a manner satis

factory to the City Engineer, to facilitate the movement of trucks.

Where alleys are not provided at the rear of lots and it is

or may become necessary to have easements to reach existing pipes,

mains, and lines, or proposed pipes, mains, or lines, such easements

shall be dedicated and shall be not less than ten feet (10’) in width.

All

rights of way and easements shall avoid entering or crossing

streets whenever possible.

(C) LOTS

1. The Cit7 of Beverly Hills for the purposes of this ordin

ance shall be divided into three (3) zones, to-wit: The Northerly

Zone shall consist of all property lying between Sunset Boulevard

and the northerly boundary of said City. The lots in that zone shall

in all subdivisions conform with present adjacent and nearby lots,

blocks, and subdivisions, and use of property, and all conditions

shall be in general conformity therewith so far as practicable, and

—7—

603

shall be subject to the approval of the Cit7 Council. The Southerly

Zone shall consist of all lots lying southerly of the northerly line

of Santa Monica Boulevard and/or Wilshire Boulevard, together with all

lots fronting on Doheny Drive; and such lots shall have a minimum

frontage

width of fifty feet (50’) and a minimum area of six thousand

(6,000) square feet, except in circular or irregular blocks, in which

case the area may vary, but shall be of such area as nearly as possible,

at the discretion of the City Councili provided, however, that all

business lots wherever situated shallave a minimum area of five

thousand (5,000) square feet4 and residential income lots wherever sit

uated shall have a minimum frontage of fifty feet (50’) and a minimum

area of seven thousand five hundred (7,500) square feet. The Central

Zone shall consist of all of the remainder of the City of Beverly Hills.

2. Where lots adjoin primary or secondary streets, they shall

front on said streets; and on local streets all lots shail front upon

the streets which parallel the long dimension of the block. Key lots

shall not be permitted unless it can be definitely established that

they cannot be avoided.

3. The side lot lines of all rectangular lots and all other

lots so far as possible shall be at right angles to the street on which

the lot fronts. Double frontage lots shall not be approved unless

conditions exist which, in the reasonable exercise of judgment of the

Council, show that such double frontage lots cannot be avoided if the

dimensions set forth in paragraph 2 of subsection 1 of this Section

are

to be secured for the majority of the other lots in the subdivision.

4. Where parcels of land are subdivided into larger lots than

building lots (acre farms or larger), such parcels shall be divided

so as to allow for the opening and ultimate extension of adjacent local

streeta. Where parcels are so divided, each lot indicated shall be of

such size and shape to permit any individual owner to resubdivide,

giving each lot legal size, shape, and access, independent of the

adjointing owners.

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3 I

fD) BLOCKS

Blocks over six hundred-sixty (660’) feet are not desirable

and shall not be approved except where the topography or other special

conditions make it iiriperative, in the reasonable Judgment of the

Council,

to provide longer blocks. In every case where blocks of

more than nine hundred feet (900’) are platted for residential develop

ment, they shall be broken ne the center by a ten foot (10’) walkway.

No walkway shall be approved which has a grade exceeding thirty per

cent (30%).

fE) DRAINAGE

In all subdivisions the layout of streets, alleys, lots, and

easements must be such as to provide for sanitary sewers and storm

drainage in conformity with good engineering practice, in a manner

satisfactory to the City Engineer; and where construction is considered

necessary to care for such drainage, said construction must be guar

anteed by a bond satisfactory to the City Attorney.

(F) BTJU4DING LINES

Front line set backs shall be required whenever the City

Council, in the exercise of sound Judgment, determines that the public

health, safety, convenience, and general welfare will be conserved or

furthered by such requirements. The same may also be required in

lieu of street widonIngs. When required, such building lines shall be

indicated on the map at the distance from the street lines as specified.

The requirement by the Council of such set-back line shall be evidence

that

the Council has investigated and made a finding supporting such

decision.

(G) STREET NAMES

Any street which is a prolongation or approximately a pro

longation of an existing street shall be given the same name; otherwise,

no street shall be designated by the same name as that borne by any

other street in the City irrespective of the use of any suffix, such

as “street,” “drive,” liway,U “place,” “court,”

or other similar term. The City Engineer shall have power to suggest

to the Council and the Council shall have power to change the name of

any street shown on a subdivision map or to designate a name where no

name is shown. -9—

(H) DEDICATIONS

Every street, alley, or other public place shown on any sub

division map of land within the City shall be dedicated to the City

when such dedication is deemed necessary by the City Council for the

public

use, but this shall not be construed as an acceptance of any

such dedication until such dedication is rormauy accepted by resolution

of the City Council.

Reserved strips of land controlling access to or egress from

other property,or to or from any street or alloy,or having the effect

of restricting or damaging the adjoining property for subdivision

purposes, or which will not be taxable or assessable for special im

provements shall not be permitted in any subdivision unless such

reserved strips are conveyed to the City.

(I) EXCEPTIONS

It is realized that certain parcels of land exist of such

size, subject to such title restrictions, so affected by topographi

cal location, and devoted to such usage, that it is practically im

possible for the owner to conform to the above rules and rsgulations

in every respect when subdividing. Exceptions may be granted in such

cases only when the City Council shall, in the exercise of sound,

reasonable judnent, after investigation and hearing with the sub

divider, determine that conditions affecting the property in question

warrant and require such exceptions; provided, however, that no ex

ceptions may be made to any requirements imposed by laws of the

State

of California as they are now or as hereafter amended. The fact

that any subdivision map is approved by the Council with enumerated

changes or without change shall be conclusive evidence that the

Council has considered such map and has made the necessary findings

supporting such map.

Section 4. In the event that the Council’s action is for

disapproval, the grounds for such disapproval shall be stated and the

subdivider and the City Engineer notified of such action, and the file

returned to the City Engineer. The fact of such disapproval shall

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O3

be conclusive evidence that the Council has considered the proposed

map and has madE the necessary findings supporting its disapproval.

No final map of said tract shall be accepted for check by

the City Engineer until the Councile action on said tentative map

shall

have been received by him, and then only in the event that said

final trap shall conform to the Council’s action thereon.

Section 5. Within one (1) year after the return of the

tentative map to the subdivider, or at a later date fixed by mutual

agreement between the City Council and the subdivider, the subdivider

shall, after having had completed a careful and correct survey leaving

such permanent nonuments as may be required by the City Engineer, file

with said City Engineer one (1) 6riginal on tracing cloth and three

(3) prints of the final subdivision map; otherwise, all proceedings

shall automatically terminate and a new tentative map shall be submitted

The City Engineor shall refuse to accept any final map which does not

conform to all the provisions of law of the State of California as it

is now or as hereafter amended, and to the conditions of tentative

approval by the City Engineer or which is not accompanied by the fol

lowing:

a) A stateaent that all taxes payable on all property within

the limits of the tract are paid in full, or a letter from the Clerk

of the Board o Supervisors stating that a satisfactory bond has been

filed to secure such payment.

(b) A dedication letter dedicating all streets, alleys,public

improvements and utilities and easement rights to the City of

Beverly Hills.

(c) Traverse sheets chewing all parcels closing mathematically

within the limits of the tract, saidtraverse to be made both on

center lines and property lines.

Cd) Proof o the payment of all special assessments which may be

paid in full and to which the subdivision is subject, or a letter

from the Clerk of the Board of Supervisors stating that in lieu of

such paynEnt, the subdivider has filed with said Board of Supervisors

—11—

a satisfactory surety bond insuring the payment of all interest and

principal payments for a period of five (5) years from the date of

said bond, and further more, insuring the payment of the outstanding

principal in full within five (5) years from said date.

Ce)

A satisfactory surety company bond in the amount of one

hundred per cent (100%) of the cost of all proposed street improve

ments as estimated by the City Engineer, which bond shall expressly

state the kind and character of improvements which the contractor

proposes to make and the time within which such improvements shall be

made; that is, as to street paving, curbs, sidewalks, sewers, trees,

ornamental lighting systems, and public utility installations, which

bond shall be conditioned on the faithful performance of such work

and shall stipulate that summary judgment may be had thereon as provided

by law as mow existing or as hereafter amended; also a bond for labor

and material in the amount of ftftyper cent (50%) of the estimated

cost; provided that a single combination bond in the amount of one

hundred per cent (100%) of both labor and material may be accepted.

All said street improvements in any subdivision shall be

made in accordance with the standard specifications for such un

provenents on file in the office of the City gineer and in accord

ance with the requirements of the City Engineer and City Council.

The City Engineer shall check the final map upon receipt,

and when satisfied that all the conditions of tentative approval

imposed by the City Council have been satisfactorily met; that all of

the provisions of laws of the State of California as they are now or

may hereafter be amended have been complied with; and that all

center line date monuments, survey data and mathematical data and

computations are correctly and satisfactorily indicated on the map

and on the ground, shall within thirty (30) days alter the filing by

the subdivider of said final map and other required information and

date, certify to its correctness thereon and transmit it, together

with such other information and recommendations as deemed necessary

to the City Council, or shall return said map to the subdivider,

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o81

together with a statement setting forth the grounds for its

and the necessary steps to make it acceptable. If said City Co

approves said final map, it shall return the nap to the Clerk

Board of Supervisors of Los Angeles County for recordatfon. I

map is disapproved by the City Council, ft shall be returnöd. w

the

reasons for such disapproval to the City Engineer, who

return the same to the subdivider, together with a statement in,

detail of the reasons for its return. The subdivider shall th

at his own option make such additions or corrections and take

action as necessary to overcome objections of the Council, as s€.

in the statement of the City Engineer, and resubmit to said City).1

Engineer for recheck and resubmission to the City Council in tbe

manner as in the first instance. Said nap shall thereafter be ac

upon as further set forth in this section. Nothing contained in t

section shall be construed as prohibiting any subdivider from f

such a bond as described in subsection fd) hereof.

Section 6. If any section, subsection, sentence, clause,

phrase of this ordinance is, for any reason, held to be invalid or

unconstitutional by the decision of any Court of competent juriediot”

such decision shall not affect the validity of the remaining portionq

of the ordinance. The Council of the City of Beverly Hills hereby

declares that it would have passed this ordinance and each section,

subsection, sentence, clause, and phrase thereof irrespective of

the fact that any one or more other sections, subsections, clauses,

or

phrases be declared invalid or unconstitutional.

Section 7. That Ordinance No. 329, entitled, “AN ORDINAN

PRESCRIBING RU S AND REGUIk TIONS GOVERNING ThE FILING AND APPROVAL

OF SUBDIVISIONS OF LPND IN AND ADJACENT TO TIlE CITY OF BEVERLY RThI

WHICH SAID ORDINANCE IS ADOPTED PURSUANT TO TIlE PROVISIONS OF

837 OF TEE STATUTES OF 1929 OF THE STATE OF CALIFORNIA, APPROVED

JU 17, 1929,” shall be, and it hereby is, repealed.

Section 8. The City Clerk shall certify to the passage

adoption of this ordinance, and to its approval by the City

and shall cause the same to be published once in the Beverly Rule

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r

h.

6031

Citizen, a newspaper of general circulation, printed, published, and

circulated in said City of Beverly Hills, and thirty (30) days after

the passage and adoption hereof, this ordinance shall be in full force

and effect. The City Clerk, iimaediately upon the adoption of this

ordinance, shall transmit a certified copy hereof to the County Sur

veyor and shall record a certified copy hereof in the office of the

County Recorder of the County of Los Angeles, State of California.

Adopted and approved this t)- th” r 2ty, 1941

L!ayor of the Cicy Ø’ Beverly Hills,California

Attest:—

STATE OF CALIFORNIACOUNTY OF LOS ANGELES ) ssCITY OF BEVERLY HILLS

I, 3. J. FIRZINGHR, City Clerk of the City of Beverly Hills,

California, do hereby certify that the whole nuniber of members of

the City Council of the City of Beverly Hills is five, and that the

foregoing ordinance, being Ordinance No. DD:, was ãuly passed, ap

proved, and adopted by said City Council, approved and signed by the

1ayor, and attested by the City Clerk, all at a regular meeting of

the said Cit7 Council, held on the 2th d of , and that thesane was passed and adopted by the following vote, to-wit:

AYES: CD-llh Ck, Dentzcl tn

NOES: N.:i

ABSE.T: r;r’, “ ,

ity Clerk of tbVity ofBeverly Hills, California

(SEAL)

—14—

ORDINANCE NO.

_________

AN ORDINANCE AIEilDING CHAPTER X OF TilE LZVERLYHILLS MTmICI?AL CODE CONCERNLIG ZO::L:G AND SUBDIVISIONS BY ADDING SUBSECTION (5) TO SUBSECTION(c) SECTION 10-903 CONCERNING REQUIREMENTS FORAPPROVAL OF TENTATIVE StJBDIVISION .iPS

The City Council of the City of Beverly Hills does herebywdain as fo11ows

Section 1 That Chapter X of the Beverly Hills Municipalzde concerning zoning and subdivisions and particularly SectionD-9O3 thereof concerning requirements for approval of tentative

subdivision maps be, and the same hereby is amended by adding;bsection (5) to Subsection fc) of said Section 10-903 to readi fllotis:

“SEC. 10-903 SUBDIVISIONS TENTATIVE I.IAPS,IEUflEtNTS, FOR APPROVtiL OP

(c) LOTS

(5) Every lot in the northerly zone above referred to shall have at least approximately one hundred (100) feet of frontage on a public street andcontain at least approdmately 2O,0O square reet.Every such lot eIther i.n its e:Istin conditIon orao a part of the irprovements proposed by the subCivdcr an guaranteed by hio surety company tonshall contain a biIlding site of at least ap2roxi-nately 4000 square feet, no part of ‘:hich buildingSitO shall have a slope greater than one vertical infive horizontal feet. Every lot in the outhcrlzone above referred to shall have at least approit.,ately fifty (50) feet of frontac on a ulIc streetand contain at lca2t aroxiatal 7,500 square feet.very lot in tho central zone above referred to shallhave frontae of at least appro:cluately ninoty (so)feet uooi a public street and contain at least aproxitnatelr l3,0O) square feet. Every lot shall have aeth .in Its lor.est ciension of at least a,pro.matel, one hundred fifty (150) feet. The lots shallconform as near as practical to other lots in thevIclnit. The buildin site on each lot shall beThcated so far as possible to prevent the rear ortiono one lot from being adjacent to the front portion ofanother lot.

!henever the size o the parcel of land to be subdividcd, the street and &.lc frontages of such pa’olof land and the contour of such parcel of land, a:d itslocation With re’erence to surrounding propert are Quchthat tbe above reçuironeits wrk udte and unusual hardhi and a difcrent site and arrangement of the lots inthe propoSed subdivis!.on ;iould be beneficial to the futureomers of said lots and t.’ould not result ift undue detriment to surroundin property or rcodents thereof, the CityCouncil may init3 discreation approve a different sire andarranement of the lots ln said proposed subdivision.

1*— OS.. “

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Section 2 The City Clerk shall certify to the passage

adoption of this ordinance and to its approval by the City

;ouncil, and shall cause the same to be published once in the

everly Hills Citizen, a neuspaper of general circulation, printed,

liahed and circulated in said City of Beverly Hills, and thirty

-s after the final passage and adoption, this ordinance shall be

full force and effect.

Adopted and approved this 9th day of Decn ber

9oaMayor of the City of BeverlyHills, California

- OP B_ -- }f

I, 3. 1. PDUIINGBR, City Clerk of the City or Beverly

tills, California, do hereby certify that the foregoing ordinance,

Ordinance No. ll , was passed by the City Council of said

y, signed by the Mayor and attested by the City Clerk all at a

egular meeting of the said Council1 held on the 9th day of

Dcember , 1952, and that the same was passed by the follow-

vote, to wit:

AYES:

NOES: None

GENT: None

C—.

Councilmen YicConnell, Fischer, George and Davis andNayor Tannenbaunt

$of tneci4?iyHills, Californ a

-2-

Attachment 15Tract Map No. 21360

SCALE r — lao

Barnett Hopen and SmithCivil Engine.r and Land San.yersAUGUST, 1955 V

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/R5S3 that /40 manomnbr of Mo na-oc-1m- and loan/ian, 40anas/I 49 inphaa I Joha than Sept4a l94 and that ,roid ,-

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V

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/ hare4, cerf/4, that / ham osa,,,med this map; that it cunfors

3chs7onl/o//4, /0 the /,n/of/,’e mop and approved o/tasvlioo,, themof;

that oil pronn/on.r of app//cab/c jd,mjjo,, 0/000cc. of Moof Bono-4, MY/n have bonn camp/ha’ with and /40/ / as, ,ra//j ,9as’/49/ /h,s ,nsap 4, haflmco/’y sort.,,,’ ,v/M pe,00a’ /0 cY4’ ,,n.andc

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/ h.wy cw//4 that all 6Y1Of5’97/s /a’r/as/ wono€’ Mojcvhe*tMo

of the d/g of 49,w-’ Ni//s / ic-b/sb Me /and i/odeS thiha ,r/,’h/n

V

° aty pa-I thetca’ it su4iec/ and wh/c-h amy be puW

14 foil, have bee,, pa/I 4, f0//V

SHEET I OF S SHEETS

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lYe bombq oerhfq /49/ cc am Me o.n.#a-, ‘ a— a-In land rnctoded as/bin 142 JaI5Mo on 4/c anna-ed map,r,tbrn the co/at.d ho,Wot /0099, 000’ ff9 000500/ Ia Mep,and rca-do//on olsad o’ap ond jubdws,n and hme% Wea/cohi 4,4,24, the pub/ic usa the Drive lane,,, Nido ad Road sham, an4,/s mop ff1/h/n sid wca/n,an. 40 Me/ha- an-t0/j /40/ exca/ an

On 0 Z004 of thi, mop an f//c i, 40 off/ce of/he i)4sof the City of Bevep,y H//Is, we know of no easemon,&ci.pVng as/hI,, the easame,,/, hm’vøy o4/.md for deayno//0,, 4,pvbhd use, a/he,- than pabhc/y eased sank- b,ses, onsw,, a-mi,,.,that we mU mnt no rgh/ or ,nleta-t c/Ibm Me boandor,c-.., a’ jail‘ozreman/s ofbi-ed 4, the pub/N a-co.p/ ohm-a such ,,h/ a- ,nbna-t/3 c/Dress/f moa4° svbject /0 jo/I- r09,90/n We 0/so gra,# and ck-a4,lb 49 c-iiy ofBean7 Hi//s perpoloal easements 49- sani*o.-y san, ,n/O, /05s

and dnowao ponone. oven the Strips of/and so o’espnakd on 501dm/a .540,,said Subd.’insn

/ han.-4y c-er/if11 that the City Coonc-i/ of the Ci/y of Beverly

H/his by motion panned cc-. 0. /159 approved the of/a-bed asep and

accepted on 4949/f of the pub//c fat- highway purposes Me Drive.

lanej,, ,/‘,am and //ad sham, on sold map sr/lb/n .oad sob0/,/r/on

and them/n offered for ded’caf40, as pubha h’hswy3 /syethenwi/fl he easements ton sanifary sewers, -Wa/er lines and *eiflag.

pwoses see,- stops of land so hesigna/ed on said map wi/h/n said

Sob4idslbn,

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of/he Subd,WS,so /fsp fat V The,1 in/c-on-I /3 such that vi’ cannever r,oen mb a Ice /.r/e andsaid aynature is no? reçwrto’

- V by fle 6ec-n,-l Nil/i CvIy Council,

NO. 21360

8759

t5- V

- 4pm.

- IN THE CITY OF BEVERLY HILLS - V -

BEING A SUBDIVISION OF LOTS C, D, AND PORTIONS OF LOTS A AND B OFDOHENY RANCH TRACT AS SHOWN ON MAP RECORDED IN BOOK 24, —

PAGE 91 OF MAPS, -ALSO A PORTION OF LOT A OF THE RANCHO RODEODE LAS AGUAS’ AS SHOWN ON MAP RECORDED IN BOOK 107, PAGES210, 211 & 212 OF MISCELLANEOUS RECORDS, BOTH RECORDS OF THE COUNTY

OF LOS ANGELES, CALIFORNIA

-2i< C,.esr_/4900/leo/a- — C/ty of N//I,,

7200544/B 4DNST2UCT7QM COMPAf/y ( I

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- President fecre

9%Ooi

rts %‘‘o-4a-/ o’ Hfs&s,W /6.no- s/hi. 04sf/a. Ains.40 ion.09 _nwO MM, on.lsa

Who so,ooods ad ,cbevOos OW tsa4jo.so 049 annc’,.,, 149 49w,, Om%cno4, *

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I hereby certify bet I hove eaoainti fbi, mop, that if eespiil,with opplkoble Slete law, enS that low toti,fled that thi. niop itt.drnkaIly eat In eli reepwte not certified to it5 the City Entn..,’.

Dt.

V

- Deputy

SCALE t—l0O’ SHEET 2 Of 5 - SHEETS

Barneft Hopen and Smith I QCivil Engineers and Land Surveynrs .V N •

AUGUST, 195510 -4rIN THE CITY OF BEVERLY HILLS

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op C I T Y

TRACT NO.21360

VIN THE CITY OF BEVERLY. HILLS

SHEET 3 OF 5 SHEETS

S67

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SHEET 4 OF 5 SHEETS

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Bamett Hopen and 5mthCvfl Engineers and Land SurveyorsAUGUST 1955

IN THE CITY OF BEVERLY HILLS

I’E24,z ,fA5IlMT/4’ LoTs

4 -

5 OF 5 SHEETS

Bamett Hopen and SmithCivil Engine.r and Land SurveyonAUGUST 1955

TRACT NO. 21360IN THE CITY OF BEVERLY HILLS-

,EC l9,I9

o

-J

ORDINANCE NO.1058

AN ORDINANCE OF THE CITY OF BEVERLY HILLS ADDINGARTICLE 10 TO CHAPTER X OF THE BEVERLY HILlSMUNICIPAL CODE REGULATING SUBDIVISIONS CBEATIHGNOT MORE THAN FOUR LOTS.

“ARTIClE 10SUBDIVISION CREATING NOT MORE THAN POUR LOTS

SEC. 10-1001 SUBDIVISION: DEFINITION

For the purpose of this article only, the term“subdivision” shall be deemed to mean and refer to anyreal property located in a residential zone, improvedor unimproved, or portion thereof, shown on the lastpreceding tax roll as a unit or as contiguous units,which is divided for the purpose of sale, whether immediate or future, by any person into two but not morethan four (4) parcels.

SEC. 10-1002 SALES PROHIBITED

No person shall offer to sell1 contract to sellor sell any subdivision as defined in this article orany part thereof until a map in full compliance withthe provisions of this article has been duly recordedin the office of the County Recorder of Los AngelesCounty. No permit of any kind shall be issued to anyapplicant to be used in connection with or pertainingto any premises in a residential zone which has beensplit or divided in violation of this article.

SEC. 10-1003 MAP ACT REQ.UIRENENTS NOT BINDING

Any person who desires to subdivide a piece ofland located in a residential zone in the city SO asto create not more than four new lots and who does notwish to record a map, under the provisions of Article 9 of this chapter or of the Map Act, Sections11500 to 11628 of the Business and Professions Code,shall comply with the provisions of this article.

SEC. 10-1004 SPLIPrING OF A LOT

Nc lot located in any residential zone shall beseparated in ownership or reduced in size below theminimum lot width or lot area required in this chapterexcept in conformity with the provisions of thisarticle. In any event a lot, piece or parcel orparcels may be divided only if each parcel createdthereby has an area and street frontage equal to the

1 05

I

The City Council of the City of Beverly Hills does hereby

ordain as follows:

Section 1. Chapter X of the Beverly Hills Municipal Code

hereby is amended by adding thereto a new article to be designated

Article 10 and to read as follows:

minimum requirements for lots in the zone in whichsuch parcel is located. Provided, however, that ifin any proposed lot split, a resulting parcel containsless than such minimum standards such substandardparcel may be permitted provided that:

(a) Such substandard parcel is combined with anadjacent parcel as a unit and;

fo) That such combined parcels then equal or exceed the standard for lots in the zone in which itis located. “Adjacent” as used herein shall mean

parcels

having contiguous boundaries at the frontlot line and to a depth of at least fifty (50)feet.

SEC. 10-1005 MAP TO BE PILED WITH CITY ENGINEER

An original and four (4) signed legible printsof a map of such proposed subdivision prepared by alicensed surveyor or registered civil engineer shallbe filed with the City Engineer. Such map shall beprepared on a sheet or sheets of tracing clotheighteen (18) inches wide by twenty—six (26) incheslong and shall contain the following information:

a) Existing and proposed utility services to

all lots shown thereon, proposed drainage andproposed changes in drainage, if any, and proposed regrading involving cuts and fills requiring the issuance of a grading permit from theBuilding Department under the provisions of thisCode.

(b) A statement to the effect that all new lots

to be created will be furnished with utilityinstallations running separately to or from a

main source of supply or disposal located in apublic Street) alley or easement.

(c) The dimensions and area of lots within500 feet of the perimeter of the new lots.

(d) All improvements located on the new lots.

(e) Exact dimensions and bearings or each line,

the monuments set and all other matters required by Sections 8760 to 8772 of the Businessand Professions Code.

SEC.

10-1006 TITLE EP0RT REQUIRED

The map required herein shall be accompanied by

a current preliminary title report showing title tothe property proposed to be divided, to be vested inthe applicant.

-2-

1

05

SEC. 10-1007 PEE

Each map filed under the provisions of this article shall be accompanied by a fee of Fifty Dollars(50.O0) to cover the cost of filing, processing andinvestigation.

SEC. 10-1008 COMPLIANCE WITH MINIMUM REQUIREMENTS

All lots proposed to be created under the provisions of this article shall confonu to the minimum

requirements

for new subdivisions set forth in Article 9 of Chapter X of this Code and shall all havefrontage on a public street.

SEC. 10-1009 EXAMINATION: APPROVAL

On receipt of such map, the City Engineer shallforthwith examine the same to ascertain whether or notit complies with all the requirements of this article.In the event the City Engineer finds that such mapcomplies with all legal requirements he shall forthwith approve such map.

The City Engineer shall have authority ingranting such approval to impose such conditions asare deemed necessary to protect the best interest ofthe surrounding property or neighborhood consistentwith the general purpose and Intent of this chapter,Inc luding but not limited to adequate provisions forfire protection, easements for public utilities andimprovementot all abutting streets and alleys tothe standards in this chapter or such lesser standardsas may be approved by the City Engineer and securityas provided in Article 9 of this chapter to guaranteeinstallation of such public utilities and Improvements.

SEC. 10-1010 FILING AND RECORDING OF MAP WHENAPFMOVKI)

If the City Engineer approves of such map he shallindicate such approval by his signature on the facethereof and shall thereupon file one copy thereof inhis office, Additional copies shall be transmitted forfiling to the Superintendent of the Building Departmentand the County Assessor of Los Age1es County. Theapplicant shall be notified of such approval.

SEC. 10-1011 REJECTION OR MODIFICATION BY CITY ENGINEER:

PILING

I4AP AS MODIFIED

If the City Engineer finds that such map does notcomply with such legal requirements, or some thereof,he shall reject such map, or order its modification tocontonu with such legal requirements. In the event ofsuch rejection or order ror modification by the CityEngineer he shall forthwith notify by mail the personfiling such map of his action with reference thereto.

-3—

The applicant may amend or modify such map and thecopies thereof, to conform with such order of theCity Engineer, or prepare a new map, and file four(4) copies thereof with City Engineer in the formand manner licreinbefore provided. The same procedure provided with reference to the filing, approval, rejection or modification of the originalmap shall be followed with reference to such amended,modified or new map, except that no additional feeshall be paid ir such refiling is accomplished withinsixty (60) days of the date of rejection by the CityEngineer, provided that written notice of intention

to

modify is filed with the City Engineer withinfifteen (15) days after notification from the CityEngineer.

SEC. 10-1012 APPEAL FROM ORDER OF MODIFICATION ORRdUT1UN: LiMITATiON

The applicant may file an appeal in writing fromany decision or order of the City Engineer with theCity Council within fifteen (15) days after themailing or delivery of such order for modification,or such rejection. In the absence of such appealthe decision of the City Engineer shall be final andthe applicant and his successors and assigns shall bebarred from filing a new application with referenceto such lot or parcel or any part thereof for a periodof one year from the expiration of such period offifteen (15) days except upon the ground of new evidence or changed conditions. At such hearing on appeal, to be held not less than ten (10) days nor morethan thirty (30) days after the filing of such appealwith the City Clerk the City Council may approve,overrule or modify any ruling or order of the CityEngineer made with regard to the matter on appeal andmay make such findings and impose such conditions asare not inconsistent with the provisions of thischapter.

SEC. lO- FILING MAP ON APPROVAL BY CITY COUNCIL

In the event of the approval of such map by theCity Council,1, upon appeal by the applicant, the CityClerk shall forthwith notify the applicant by mail,and shall forthwith deliver in person or by mail forfiling, one copy of such map to each of the following:City Engineer, the Superintendent of the Building Department and the County Assessor of Los Angeles County.

SEC.

10-10 14 fECORDING OF MAP

Upon approval by the City Engineer or the CityCouncil, such map shall be recorded in the Office ofthe County Recorder of Los Angeles County by the applicant at his expense. No building permit to constructany improvements upon the lots indicated on Such mapshall be issued until the applicant has submittedproof of such recording to the Superintendent of theBuilding Department.

-4-

51

1 05 F

SEC. 10-1015 ORDER OF REJECTION BY CITY COUNCIL

In the event of rejection or modification of suchmap by the City Council, the City Clerk shall forthwith notify the applicant by mail.

In the event modification has been ordered bythe City Council, such applicant may thereuponamend or modify such map in accordance with the actionof the council, or prepare a new map, and file four(L4) copies thereof with the City Engineer as herein-before provided. The same procedure liereinbefore pro-

vided

with reference to the filing, approval, rejectionor modification of the original map shall be followedwith reference to such amended, modified or new map.

SEC. 10-1016 REJECTION BY CITY COUNCIL: LIMITATION

In the event the City Council shall have rejectedsuch map, upon appeal by the applicant, the applicantand his successors and assigns shall be barred fromfiling a new application with reference to such lot orparcel or any part thereof £ or a period of one yearfrom the date of such rejection except upon the groundof new evidence or changed conditions.

SEC. 10-1017 COMPUTATIONS FROM NEW LOT LINES

After the recording of such map all side yard,front yard and other area and set back requirementsof Chapter X and XI of this Code shall be computedfrom the new lot lines as established on said map.

SEC. 10-1018 VOIDABILITY OF DEEDS OR CONTRACTSVIOLATING ARTICLE

Any deed of conveyance, sale or contract to sellmade contrary to the provisions of this article isvoidable at the sole option of the grantee, buyer orperson contracting to purchase, his heirs, personalrepresentative, or trustee in insolvency or bankruptcywithin one (1) year after the date of execution of thedeed of conveyance, sale or contract to sell, but thedeed of conveyance, sale or contract to sell isbinding upon any assignee or transferee of the grantee,buyer or person contracting to purchase) other thanthose above enumerated, and upon the grantor, vendoror person contracting to sell, or his assignee, heiror devisee.”

Section

2. The City Clerk shall certify to the passage and

adoption of this ordinance and to its approval by the City Council,

— and shall cause the same to be published once in the Beverly Hills

Citizen, a newspaper of general circulation, printed, published and

circulated in said City of Beverly Hills five days per week, and

thirty days after the final passage and adoption, this ordinance shall

-5-

2Q5

be in full force and effect.

Adopted and approved this 3no day of FEBRUARY , 1959.

?Mayor,f the City orBevery Hills, CJ.ifornia

ATTEST:

Ct&2,DuTY ‘ City Cleric

STATE

OP CALIFORNIA )COUNTY OP LOS ANGELES ) SS.CITY OF BEVERLY HILLS

I, C. RAYMOND WOOD, City Clerk of the City of Beverly Hills,

California, do hereby certify that the roregoing ordinance, being

Ordinance No. io8 , was passed by the City Council of said City,

signed by the Mayor and attested by the City Clerk at a regular meeting

of the said Council held on the no day of Fsiuv , 1959,

and that the same was passed by the following vote, to wit:

AYES: COUNCILMEN GEORGE, FREAN BnooIs Wvor D*vI5

NOES: NONE

ABSENT: CouNca.iAu DARLING

U/DEIuTv City Clerk of the City or

- Beverly Hills, California

(SEAL)

City Atto ey

Approved as to content:

rYL24i7— irector o’ Pu ic Wor4cs

I Superintendent of Building Department

-6-

.oZ 5

ORDINANCE NO. 1075

AN ORDINANCE OF THE CITY OF BEVERLY HILLS AMENDING SECTIONS 10-1005, 10-1009, 10-1010 AND 10-1014GOVERNING THE PROCEDURE FOR SUBDIVISIONS CREATINGNOT MORE THAN FOUR LOTS.

The Council of the City of Beverly Hills does hereby

ordain as follows:

Section 1. Sections 10-1005, 10-1009, 10-1010 and

10-1014 of the Beverly Hills Municipal Code are hereby amended to

read as follows:

“SEC. 10-1005 MAPS TO BE FILED WITH CITY ENGINEER

The subdivider shall file with the City Engineeran original and four (4) signed legible prints of eachof the following maps of the proposed subdivisionprepared by a licensed surveyor or registered Civilengineer on a sheet or sheets of tracing clotheighteen (18) inches wide by twenty-six (26) incheslong:

a) A Record of Survey Map of the entirelot, piece or parcel of land to be divided,containing the exact dimensions and bearingsof each line, the monuments set and allother matters required by Section 8760 to8772 of the Business and Professions Code.

(b) A vicinity map containing the following information:

(1) The dimensions and area of lotswithin 500 feet of the perimeter ofthe new lots

(2) All improvements located on thenew lots.

(3) Existing and proposed utility ser

vices

to all lots shown thereon, proposed drainage and proposed changes indrainage, it any, and proposed regradinginvolving cuts and fills requiring issuance of a grading permit from the BuildingDepartment under the provisions of thisCode.

(4) A statement signed by the owner tothe effect that all new lots to be createdwill be furnished with utility installationsrunning separately to or from a main sourceof supply or disposal located in a publicstreet, alley or easement.”

1

O75

“SEC. 10-1009 EXAMINATION: APPROVAL

On receipt of such map, the City Engineer shallforthwith examine the same to ascertain whether ornot it complies with all the requirements of thisarticle. In the event the City Engineer finds thatsuch map complies with all legal requirements heshall forthwith approve such sap unless the propertyproposed to be subdivided lies in the Northerly zone.

The City Engineer shall have authority in granting

such

approval to impose such conditions as are deemednecessary to protect the best interest of the surrounding property or neighborhood consistent with thegeneral purpose and intent of this chapter, includingbut not limited to adequate provisions for fire protection, easements for public utilities and improvement of all abutting streets and alleys to thestandards in this chapter or such lesser standardsas may be approved by the City Engineer and securityas provided in Article 9 of this chapter to guaranteeinstallation of such public utilities and improvements.

All subdivisions in the Northerly Zone as definedin Section lO-903fc)(l), to-wit all property lyingbetween Sunset Boulevard and the northerly boundaryof the City shall be submitted to the City Councilfor approval. If in the opinion of the City Councilthe proposed lots conform in area and width topresent adjacent and nearby lots the Council shallapprove the subdivision. The Council may approve lotsnot in conformity with adjacent or nearby lots if itfinds that such requirement would work undue and unusual hardship on the owner and a different size andarrangement of lots in the proposed subdivisionwould not result in undue detriment to surroundingproperty or the residents thereof.”

“SEC. 10-1010 FILING OF MAP WHEN APPROVED

If the City Engineer approves of such map he shallindicate such approval by his signature on the facethereof and shall thereupon file one copy thereof inhis office. A copy shall be transmitted for filing tothe Superintendent of the Building Department. Theapplicant shall be notified of such approval.

“SEC.

lOlOl4 PILING OF MAP WITH COUNTY RECORDER

Upon approval by the City Engineer or the CityCouncil the Record of Survey map bearing only thecertificates required by Section 8764.5 of theBusiness and Professions Code shall be filed inthe office of the County Recorder of Los AngelesCounty by the applicant at his expense. No building permit to construct any improvements upon thelots indicated on such map shall be issued until theapplicant has submitted proof of such filing to thesuperintendent of the Building Department, consistingof a print of the map showing the filing information.”

-- 2--

3

5Section 2. The City Clerk shall certify to the -

passage and adoption of this ordinance and to its approval by

the City Council, and shall cause the same to be published once

in the Beverly Hills Citizen, a newspaper of general circulation,

printed, published and circulated in said City of Beverly Hills

five days per week, and thirty days after the final passage and

adoption, this ordinance shall be in full force and effect.

Adopted and approved this 18th day of August , 1959.

Mayor e yofBeve y Hills California

ATTEST:

1/’ /1 )(_. yLC L.’)

I pty Cle

STATE OF CALIFORNIACOUNTY OF LOS ANGElES SS.CITY OF BEVERLY HILLS

I, C. RAYMOND WOOD, City Clerk of the City of Beverly

Hills, California, do hereby certify that the foregoing ordinance

being Ordinance No. 1.0$ , was passed by the Cfty Council

of said City, signed by the Mayor and attested by the City Clerk at

a regular meeting of the said Council hold on the 18th day of iugust

1959, and that the same was passed by the following vote, to wit:

AYES: Counci]man George, Brooks, Freeman, Darling and Mayor Davis.

NOES: None.

ABSEN.‘: t’

—, - {City Clerk oI te City of

CSEAL) - - Beverly Hills, California

Approv as to content;

Aotinblic Works

a roved as o form:

tQ

--3--

Attachment 18Lot 99 Grant Deed (1959)

I

for a valuable consideration,

Tjd C.roccn C*zt, a California Corporation and Texas Construction

a corporstitin organized under the laws of the State of Deiniare

‘erth GRANTS to

George Stevens, an trnmarried nan

the k.llowing described real pmpert in the of California, County of los ingeles

All of lot 99 ciTract 22360 asper aç recorded in Bock 58? PagesS943 of raps, in the

ofce of the County Recorder of said County: C therefros all that portion thereof 2.fln

Southeasterly of the foUo E deacri liner Begimmi ng at a point in the southerly line of

said Lot 99, said point being a tan5r 8’ 00* East thereor, 169.20 feet fran the South—

vest corner thereof; thence North l 23’ 50’ East )J.$J feet to a point in the Northeaster

line of said let 99, said point being di: taut South 37 • 01’ 00’ East thereon 201.29 feet fr

the Norttwest corner thereof.

Subject tor General and 3peoial taxes iith are not yet due

Caresants, conditions, restrictions, reservations, easenents, rights,

and rights of say, nee of record.

This conveyance is and. accepted and said property is hereby granted,

subject to the coi anants, conditions an restrictions as set forth in that certain Declerati

of Restrictions recorded as Instrt No. 31r96 on Deceaber 20, 1955 , in Bock h98k6, Fag.

2k?, 0. R. of Ice Angeles County California; an as though set forth herein in foil. It is

untrrstood and agreed bs..seert the partiesherein that the right of enforcement of said coves

conditions and re.srictiona is liaited to the prtwisions of Article XtV thereof, and no

right of rreraion exists.

t.•

‘

I

t ‘e JPL Angel.. I

• it August3J.J,j — Iwhrr me.,, • under

a N.,t,s I oLin in and In, naid I Hunt, and %t,I, ywrnngfl.

•

u.n.. in me ta I,. th. p.r... .uhw n.m.

-b-intl ihn,..u,t),tn In,tfliIeitI. a th, Atlnrne_ •i Liti ol

Troug a .onstructon omauy. ant:

T-ek. Cuaau.taU,.tpfl CJMplhy

an htpu]ed0eJ to ow that .ii,-into.I th name lot

Trousaaie (aOflstruction Compary the,etr..

E

‘a 1 —n. )hani aid o.ar

- 1 -.o----‘iota I ohm to and lot oainj in. anti Si, tr

My Comm. expirea lUta79

-;,Za

c

Title Order Nd

1O THIS N’Fpa RECORDER’S USE

t.:It..

.fl . * • ...

TAA’?S IN !HIS SPACE

2239

By this instrument dated Jugust 25, 1959

Corporaaon Grant Deed AfixLRS.$_______

STATE OF CALWORNIA

CO”NTY OF

I

I

and Texas c truntia CoenyTro.sda Conatriction Coepany, a orpcration

I-J

a Corporation

k

SPACZ BELOW FOB RECORDER’S USE ONLY

I

RECORDEO IN orrr in

OF LOS AHOELr CL)JuTY, CALIF.

FOR LAND TtTi,t i’tj5AFiCE

SEP 3 1959 AT 8:01 A.M.

RAY E. LEE, County Recocder

Escrow or Loan No.

Attachment 19Subdivision Map Act Section 66499.36

11312018

GOVERNMENT CODE - GOV

TiTLE 7. PLANNING AND LAND USE [65000 - 66499.5$] (Heading of Title 7 amended byStats. 1974, Cti. l536.)

DiVISION 2. SUBDiVISIONS [66410 - 66499.38] (Division 2 added by Stats. 1974, Ch.1536.)

CHAPTER 7. Enforcement and Judicial Review [66499.30 - 66499.38] (Chapter 7added by Stats. 1974, Ch. 1536.)

ARTICLE 2. Remedies [66499.32 - 66499.36] (Article 2 added by Stats. 1974, Ch. 1536.)

Whenever a local agency has knowledge that real property has been divided in violation of the provisions of thisdivision or of local ordinances enacted pursuant to this division, it shall cause to be mailed by certified mail to the then66499.36.current owner of record of the property a notice of intention to record a notice of violation, describing the realproperty in detail, riRming the owners thereof, and stating that an opportunity will be given to the owner to present

evidence. The notice shall specify a time, date, and place for a meeting at which the owner may present evidence to the legislativebody or advisory agency why the notice should not be recorded. The notice shall also contain a description of the violations and anexplanation as to why the subject parcel is not lawful under subdivision (a) or (b) of Section 66412.6.

The meeting shall take place no sooner than 30 days and no later than 60 days from date ofmailing. If, within 15 days of receipt ofthe notice, the owner of the real property fails to inform the local agency ofhis or her objection to recording the notice ofviolation,the legislative body or advisory agency shall record the notice ofviolation with the county recorder. if, after the owner has presentedevidence, it is determined that there has been no violation, the local agency shall mail a clearance letter to the then current owner ofrecord. If, however, after the owner has presented evidence, the legislative body or advisory agency determines that the property hasin fact been illegally divided, the legislative body or advisory agency shall record the notice ofviolation with the county recorder.The notice ofviolation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in suchproperty. The county recorder shall index the names of the fee owners in the general index.

(Amended by Stats. 1984, Ch. 864, Sec. 2.)

Ill

Attachment 20Preliminary Title Report,

dated April 27, 2016

CLTA Preliminary Report Form Order Number: 5164648

(Rev. 11/06) Page Number: 1

çT

FirstAmerican Title

First American Title Company655 North Central Avenue, 8th Floor

Glendale, CA 91203

California Department of Insurance License No. 151

Maggie DefinaCamden Escrow9595 Wilshire Boulevard, Suite 701Beverly Hills, CA 90212-2507Phone: (310)247-8549Fax: (310)247-8559

Customer Reference: Owen

Order Number: 5164648 (MP)

Title Officer: Michelle PascualPhone: (818)550-2517Fax No.: (866)878-7977E-Mail: [email protected]

Property: Vacant LandBeverly Hills, CA

PRELIMINARY REPORT

In response to the above referenced application for a policy of title insurance, this company hereby reports that it is prepared to issue, orcause to be issued, as of the date hereof, a Policy or Policies of Title Insurance describing the land and the estate or interest thereinhereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to asan Exception below or not excluded from coverage pursuant to the printed Schedules, conditions and Stipulations of said Policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on covered Risks of said policy or policies are set forth in Exhibit Aattached. The policy to be isu& may contabi an arbitration dause. When the Amount ofInsurance is less than that set forth h’i thearbitration clause, all arbitrable matters shall be arbitrated at the option ofeither the Company or the Insured as the exclusive remedy of theparties. Limitations on covered Risks applicable to the CLTA and ALTA Homeowner’s Policies of litle Insurance which establish a DeductibleAmount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. copies of the policy forms should beread. They are available from the office which issued this report.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of thisreport carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not coveredunder 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 notlist all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of titleinsurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, aBinder or commitment should be requested.

first Amer/can TitlePage 1 of 15

Order Number: 5164648Page Number: 2

Dated as of April 27, 2016 at 7:30 A.M.

The form of Policy of title insurance contemplated by this report is:

ALTA/CLTA homeowner’s (EAGLE) Policy of Title Insurance (2010) and ALTA Ext Loan Policy1056.06 (06-17-06) if the land described is an improved residential lot or condominium unit onwhich there is located a one-to-four family residence; or ALTA Standard Owner’s Policy 2006(WRE 06-17-06) and the ALTA Loan Policy 2006 (06-17-06) if the land described is anunimproved residential lot or condominium unit

A specific request should be made if another form or additional coverage is desired.

Title to said estate or interest at the date hereof is vested in:

Vance Owen, a single man

The estate or interest in the land hereinafter described or referred to covered by this Report is:

FEE

The Land referred to herein is described as follows:

(See attached Legal Description)

At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in saidpolicy form would be as follows:

1. General and special taxes and assessments for the fiscal year 2016-20 17, a lien not yet due orpayable.

2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing withSection 75 of the California Revenue and Taxation Code.

3. Covenants, conditions, restrictions and easements in the document recorded August 27, 1954as Instrument No. 938 in Book 45427, Page 48 of Official Records, which provide that a violationthereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made ingood faith and for value, but deleting any covenant, condition or restriction indicating apreference, limitation or discrimination based on race, color, religion, sex, handicap, familialstatus, national origin, sexual orientation, marital status, ancestry, source of income or disability,to the extent such covenants, conditions or restrictions violate litle 42, Section 3604(c), of theUnited States Codes or applicable state law. Lawful restrictions under state and federal law onthe age of occupants in senior housing or housing for older persons shall not be construed asrestrictions based on familial status.

First American fltlePage 2 of 15


4. Covenants, conditions, restrictions and easements in the document recorded December 20,1955 as Instrument No. 3496 in Book 49846, Page 247 of Official Records, but deleting anycovenant, condition, or restriction indicating a preference, limitation or discrimination based onrace, color, religion, sex, sexual orientation, marital status, ancestry, disability, handicap, familialstatus, national origin or source of income (as defined in California Government Code§12955(p)), to the extent such covenants, conditions or restrictions violate 42 U.S.C. §3604(c) orCalifornia Government Code §12955. Lawful restrictions under state and federal law on the ageof occupants in senior housing or housing for older persons shall not be construed as restrictionsbased on familial status.

Document(s) declaring modifications thereof recorded July 24, 1963 as Instrument No. 3203 inBook M1311, Page 342 and August 2, 1965 as Instrument No. 4031, both of Official Records.

5. The terms and provisions contained in the document entitled ‘Agreement’ recorded December28, 1955 as Instrument No. 2441 in Book 19807, Page 102 of Official Records.

6. The terms and provisions contained in the document entitled “Agreement” recorded December28, 1955 as Instrument No. 2442 in Book 49897, Page 414 of Official Records.

7. The terms and provisions contained in the document entitled “Agreement” recorded December28, 1955 as Instrument No. 2443 in Book 49897, Page 431 of Official Records.

8. The terms and provisions contained in the document entitled “Agreement for Installation ofImprovements” recorded December 28, 1955 as Instrument No. 2445 in Book 49897, Page 440of Official Records.

9. The terms and provisions contained in the document entitled “Memorandum of Agreement”recorded January 27, 1957 as Instrument No. 4183 in Book 53426, Page 76 of Official Records.

10. The terms and provisions contained in the document entitled “Deed & Bill of Sale”recorded March 25, 1957 as Instrument No. 2887 of Official Records.

11. The terms and provisions contained in the document entitled “Deed and Bill of Sale”recorded October 22, 1957 as Instrument No. 3346 of Official Records.

12. Water rights, claims or title to water, whether or not shown by the public records.

First American TitlePage 3 of 15


Ezz_zzzzz INFO RMATIONAL NOTES

Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is lessthan the certain dollar amount set forth in any applicable arbitration clause, all arbitrable matters shall bearbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Ifyou desire to review the terms of the policy, including any arbitration clause that may be included,contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for thepolicy that is to be issued in connection with your transaction.

1. General and special taxes and assessments for the fiscal year 2015-2016.First Installment: $207.34, PAIDPenalty: $0.00Second Installment: $207.33, PAIDPenalty: $0.00Tax Rate Area: 10-02442A. P. No.: 4391-028-020



4. The property covered by this report is vacant land.

5. According to the public records, there has been no conveyance of the land within a period oftwenty-four months prior to the date of this report, except as follows:

None

6. We find no open deeds of trust. Escrow please confirm before closing.

NOTE to proposed insured lender only: No Private transfer fee covenant, as defined in FederalHousing Finance Agency Final Rule 12 CFR Part 1228, that was created and first appears in thePublic Records on or after February 8, 2011, encumbers the Title except as follows: None

First American 77t/ePage4ofls

Order Number; 5164648Page Number; 5

The map attached, if any, may or may not be a survey of the land depicted hereon. First Americanexpressly disclaims any liability for loss or damage which may result from reliance on this map except tothe extent coverage for such loss or damage is expressly provided by the terms and provisions of the titleinsurance policy, if any, to which this map is attached.

first American TitlePage 5 of 15


LEGAL DESCRIPTION

Real property in the City of Beverly Hills, County of Los Angeles, State of California, described asfollows:

PARCEL NO. 1

LOT 98 TRACT 21360, IN THE CifY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587 5 TO 63 INCLUSIVE OF MAPS, INTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED FROM TROUSDALECONSTRUCTION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO J.C GARRETT, A MARRIED MAN, RECORDED MARCH 11, 1958 INSTRUMENTNO. 1867 BOOK D39 PAGE 645 AND IN DEED FROM TEXAS CONSTRUCTION COMPANY, ACORPORATION AND TROUSDALE CONSTRUCTION COMPANY, RECORDED DECEMBER 21, 1962INSTRUMENT NO. 3678 BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELESCOUNTY RECORDER, STATE OF CALIFORNIA.

PARCEL NO. 2

LOT 99 TRACT 21360, IN THE CiTY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587L PAGES 59 TO63 INCLUSIVE OF MAPS, INTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED FROM TROUSDALECONSTRUCTION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO GEORGE STEVENS, AN UNMARRIED MAN, RECORDED SEPTEMBER 3, 1959INSTRUMENT NO. 2239 OF OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELES COUNTYRECORDER, STATE OF CALIFORNIA.

PARCEL NO. 3

LOT 100 TRACT 21360, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587 PAGES 59 TO 63 INCLUSIVE OF MAPS, INTHE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED FROM TROUSDALECONSTRUCTION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO IRVING HAFER, A MARRIED MAN, RECORDED AUGUST 7, 1956 INSTRUMENTNO. 2170 BOOK 51957 PAGE 35 OF OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELESCOUNTY RECORDER, STATE OF CALIFORNIA.

APN: 4391-028020 and 4391-028-012 and 4391-028-008

First American flt/ePage 6 of 15

Order Number: 516464$Page Number: 7

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Arst American 77t/ePage 7 of 15

Order Number; 5164648Page Number; 8

NOTICE

Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurancecompany, underwritten title company, or controlled escrow company handling funds in an escrow or sub-escrowcapacity, wait a specified number of days after depositing funds, before recording any documents in connectionwith the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursedthe same day as deposit. In the case of cashier’s checks or certified checks, funds may be disbursed the next dayafter deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer,cashier’s checks, or certified checks whenever possible.

firstAmerican TitlePage 8 of 15


First American Title Company655N. Central Aye, Suite 800

FirstAmerican Title 0g’203



WIRE INSTRUCTIONSfor

First American Title Company, Demand/Draft Sub-Escrow DepositsLos Angeles County, California

PAYABLE TO: First American Title Company

BANK: First American Trust, FSB

ADDRESS: 5 First American Way, Santa Ana, CA 92707

ACCOUNT NO: 3013510000

ROUTING NUMBER: 122241255

PLEASE REFERENCE THE FOLLOWING:PROPERTY: Vacant Land, Beverly Hills, CA

FILE NUMBER: 5164648 (MP)

PLEASE USE THE ABOVE INFORMATION WHEN WIRING FUNDS TO First AmericanTitle Company. FUNDS MUST BE WIRED FROM A BANK WITHIN THE UNITEDSTATES. PLEASE NOTIFY Michelle Pascual AT (818)550-2517 OR [email protected] WHEN YOU HAVE TRANSMiTTED YOUR WIRE.

IF YOUR FUNDS ARE BEING WIRED FROM A NON-U.S. BANK, ADDITIONAL CHARGES MAY APPLY.PLEASE CONTACT YOUR ESCROW OFFICER/CLOSER FOR INTERNATIONAL WIRING INSTRUCTIONS.

AN ACH TRANSFER CANNOT BE ACCEPTED FOR CLOSING, BECAUSE if IS NOT THE SAME AS A WIREAND REQUIRES ADDITIONAL TIME FOR CLEARANCE.

FIRST AMERICAN TRUST CONTACT INFO: Banking Services 1-877-600-9473

ALL WIRES WILL BE RETURNED IF THE FILE NUMBERAND/OR PROPERTY REFERENCE ARE NOT INCLUDED

With cyber crimes on the increase, it is important to be ever vigilant. If you receive an e-mail or anyother communication that appears to be generated from a First American employee that contains new,revised or altered bank wire instructions, consider it suspect and call our office at a number you trust.Our bank wire instructions seldom change.



EXHIBIT ALIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE)

CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (02-03-10)

EXCLUSIONS

In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys’ fees, and expenses resulting from:1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:

(a) building; (d) improvements on the Land;

(b) zoning; (e) land division; and

(c) land use; (f) environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 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 Exclusiondoes 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 are recorded in the Public Records at the Policy Date;(c) that result in no loss to You; or(d) that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

S. Failure to pay value for Your Title.6. Lack of a right:

(a) to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and(b) in streets, alleys, or waterways that touch the Land.This Exclusion does not limit the coverage described in Covered Risk 11 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, stateinsolvency, or similar creditors’ rights laws.

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 21Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

Your Deductible Amount Our Maximum DollarLimit of Liability

Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00

Covered Risk 19: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000.00Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00

ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87)

EXCLUSIONS

In addition to the Exceptions in Schedule B, you are not insured against loss, costs, attorneys’ fees, and expenses resulting from:1. Governmental police power, and the existence or violation of any law or government regulation. This includes building and zoning

ordinances and also laws and regulations concerning:

(a) and use

(b) improvements on the land

(c) and division

(d) environmental protection

This exclusion does not apply to violations or the enforcement of these matters which appear in the public records at Policy Date.This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks.

2. The right to take the land by condemning it, unless:

FZ’-st American TitlePage 11 of 15


(a) a notice of exercising the right appears in the public records on the Policy Date

(b) the taking happened prior to the Policy Date and is binding on you if you bought the land without knowing of the taking3. Title Risks:

(a) that are created, allowed, or agreed to by you(b) that are known to you, but not to us, on the Policy Date -- unless they appeared in the public records(c) that result in no loss to you(d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks

4. Failure to pay value for your title.5. Lack of a right:

(a) to any land outside the area specifically described and referred to in Item 3 of Schedule A OR

(b) in streets, alleys, or waterways that touch your land

This exdusion does not limit the access coverage in Item 5 of Covered Title Risks.

2006 ALTA LOAN POLICY (06-17-06)

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, attorneysfees, or expenses that arise by reason of:

1. f 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 1(a) does not modify or limit thecoverage provided under Covered Risk 5.(b) Any governmental police power. This Exclusion 1(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 disclosedin 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(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 theInsured 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, state insolvency, or similar creditors rights laws, that the transaction creatingthe 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 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 ofPolicy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverageprovided under Covered Risk 11(b).

The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions fromCoverage, 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:1. (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 suchproceedings, 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 orthat may be asserted by persons in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records.

First American flt/ePage 12 of 15


4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurateand 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, claimsor 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.

2006 ALTA OWNER’S POLICY (06-17-06)


The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneysfees, or expenses that 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





or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit thecoverage provided under Covered Risk 5.

(b) Any governmental police power. This Exclusion 1(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 disclosedin 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 or10); or(a) 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 vestingthe Title as shown in Schedule A, is(a) a ftaudulent 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 ofPolicy 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 form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions fromCoverage, 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:

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on realproperty or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of suchproceedings, 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 orthat 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 accurateand 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, claimsor 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.

ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10)


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:



(a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating,prohibiting, or relating to





or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit thecoverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16.(b) Any governmental police power. This Exclusion 1(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 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 disclosedin 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, 22, 23, 24, 27 or 28); or(a) 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 theInsured Mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. This Exclusion does not modify or limitthe 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 theInsured has Knowledge that the vestee shown in Schedule A is no longer the owner of the estate or interest covered by this policy. ThisExclusion 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 Dateof Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25.

8. The failure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance withapplicable 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 creatingthe 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.



First American Title

Privacy InformationWe Are Committed to Safeguarding Customer InformationIn order to better serve your needs now and i the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with suchinformation - particularly any personal or finandal information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with oursubsidiaries we have adopted this Privacy Policy to govern the urn and handling of your personal information.

ApplicabilityThis Privacy Policy governs our use of the information that you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such asinformation obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source.First American calls these guidelines its Fair Information Values.

Types of InformationDepending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include:

• Information we receive from you on applications, forms and in other communicationu to uu, whether in writing, in person, by telephone or any other means;• Information about your tranuactions with us, our affiliated companies, or otheru; and• Information we receive from a consumer reporting agency.

Use of InformationWe request information from you for our own legitimate business purposes and not for the benefit of any nonaffihiated party. Therefore, we will not release your information to nonaffiliated partiesexcept: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the periodafter which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types ofnonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualtyinuurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies and escrow companies. Furthermore,we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies or to other financialinstitutions with whom we or our affiliated companies have joint marketing agreements.

Former CustomersEven if you are no longer our customer, our Privacy Policy will continue to apply to you.

Confidentiality and SecurityWe will use our bent efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals andentities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will behandled responsibly and in accordance with this Privacy Policy and First American’s Fair Information Values. We currently maintain physical, electronic, and procedural safeguards that comply withfederal regulations to guard your nonpublic personal information.

Information Obtained Through Our Web SiteFirst American Financial Corporation is sensitive to privacy issues on the tstemet, We believe it is important you know how we treat the information about you we receive on the Internet.In general, you can visit First American or its affiliates’ Web sites on the World Wide Web without telling us who you are or revealing any information about yourself. Our Web servers collect thedomain names, not the e-mail addresses, of visitors. This information is aggregated to measure the number of visits, average time spent on the site, pages viewed and similar information. FirstAmerican uses this information to measure the use of our site and to develop ideas to improve the content of our site.There are times, however, when we may need information from you, such as your name and email address. When information is needed, we will use our best efforts to let you know at the time ofcollection how we will use the personal information. Usually, the personal information we collect is used only by us to respond to your inquiry, process an order or allow you to access specificaccount/profile information. If you choose to share any personal information with us, we will only use it in accordance with the policies outlined above.

Business RelationshipsFirst American Financial Corporation’s site and its affiliates’ sites may contain links to other Web sites. While we try to link only to sites that share our high standards and respect for privacy, we arenot responsible for the content or the privacy practices employed by other sites,

CookiesSome of First American’s Web sites may make use of “cookie” technology to measure site activity and to customize information to your personal tastes. A cookie is an element of data that a Web sitecan send to your browser, which may then store the cookie on your hard drive.Frrst4m.com uses stored cookies. The goal of this technology is to better serve you when visiting our site, save you time when you are here and to provide you with a more meaningful andproductive Web site experience.

Fair Information ValuesFairness We consider consumer expectations about their privacy in all our businesses. We only offer products and services that assure a favorable balance between consumer benefits and consumerprivacy.Public Record We believe that an open public record creates significant value for society, enhances consumer choice and creates consumer opportunity. We actively support an open public recordand emphasize its importance and contribution to our economy.Use We believe we should behave responsibly when we use information about a consumer in our business. We will obey the laws governing the collection, use and dissemination of data.Accuracy We will take reasonable steps to help assure the accuracy of the data we collect, use and disseminate. Whem possible, we will take reasonable steps to correct inaccurate information.When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumercan secure the required corrections.Education We endeavor to educate the users of our products and services, our empioyees and others in our industry about the importance of consumer privacy. We will instruct our employees onour fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and sue information in a responsible manner,Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain.

Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation)


Attachment 21Draft Notice of Violation

RECORDING REQUESTED BYAND WHEN RECORDED MAIL TO:

City of Beverly HillsCity Clerk’s Office455 N. Rexford Drive, Room 190Beverly Hills, California 90210

[Space Above Line For Recorder’s Usel

Recording Fee: Exempt pursuant to California Government Code Section 27383

[DRAFT] NOTICE OF VIOLATIONCITY OF BEVERLY HILLS SUBDIVISION ORDINANCES AND

SUBDIVISION MAP ACT (GOVERNMENT CODE SECTIONS 66410, et seq.)

(Recorded pursuant to Government Code Section 66499.36)

PROPERTY OWNER: Vance Owen

NOTICE IS HEREBY FILED, as a public record that the real property within the City ofBeverly Hills, as more specifically described below, has been DIVIDED IN VIOLATION of theSubdivision Map Act (Sec. 66410 et. seq., Government Code, State of California) and/or the Cityof Beverly Hills Subdivision Ordinances requiring, after March 5. 1959, a parcel map fordivisions of land into four or fewer lots.

REFERENCE IS MADE TO DEED DATED August 25, 1959, and recorded in the officialrecords of Los Angeles County (Instrument No. 2239) on September 3, 1959 at 8:01A.M., bywhich Trousdale Construction Company and Texas Construction Company, without approval ofa parcel map, granted to George Stevens a portion of Lot 99 of Tract 21360, but exceptingtherefrom the back portion of Lot 99 now known as Assessor’s Parcel Number 4391-028-012,and consisting of approximately 15,900 square feet of property. This notice shall apply only tothat property legally described as:

LOT 99 TRACT 21360, EN THE CITY OF BEVERLY HILLS, COUNTY OF LOSANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 587.PAGES 591063 INCLUSIVE OF MAPS, [N THE OFFICE OF THE COUNTYRECORDER Of SAID COUNTY. EXCEPTING THEREFROM THAT PORTION ASDESCRIBED IN DEED FROM TROUSDALE CONSTRUCTION COMPANY, ACORPORATION AND TEXAS CONSTRUCTION COMPANY, A CORPORATIONTO GEORGE STEVENS, AN UNMARRIED MAN, RECORDED SEPTEMBER 3,1959 INSTRUMENT NO. 2239 OF OFFICIAL RECORDS, TN THE OFFICE OF THELOS ANGELES COUNTY RECORDER, STATE OF CALIFORNIA

NOTICE Of VIOLATION OfBEVERLY HILLS SUBDIVISION ORDINANCES ANDSTATE SUBDIVISION MAP ACTPage 2

This notice shall be deemed to be constructive notice of said VIOLATION to successors ininterest on such property, and pursuant to California Government Code Section 66499.36, theCounty Recorder shall names of the fee owners in the general index.

DETERMINATION Of VIOLATION

I hereby certify that the City of Beverly Hills Planning Commission has reviewed the division ofthe above-cited real property and has found it in violation of applicable provisions of theSubdivision Map Act and/or the applicable Beverly Hills subdivision ordinances because aparcel map was required in order to subdivide Lot 99 of Tract 21360, and creation of the parcelnow known as 4391-028-012 by deed failed to comply with the parcel map requirement.

Subdivision Map Violation Case By:

___________________________

Susan Healy KeeneDirector of Community Development

B07$5-0009\2 I 03808v I doc

Attachment 22AppHcant-prepared Timeline of Relevant

Events and Supporting Documents

PLAN NtNG COMMISSIONParcel APN 4291-028-012 Subdivision Hearing

Thursday, September 14, 2017

TIMELINE OF RELEVANT EVENTSAND SUPPORTING DOCUEMENTS

CITY OF BEVERLY HILLSCouncil Chamber

455 North Rexford DriveBeverly Hills, California 90210

TIME LINE OF RELEVANT EVENTSAND SUPPORTING DOCUEMENTS

1927 Doheny ranch is created.

1952 Lot 99 deed cited in 1993 the Beverly Hills City staff report. Exhibit 1

1954 Trousdale buys the Doheny Ranch.

1955 10/22/1955 Trousdale Estates Declaration of restrictions is approved. Exhibit 2

08/29/1955 Trousdale Estates became part of Beverly Hills. Exhibit 3

12/19/1955 Tract 21360. Exhibit 4

12/28/1955 Final approval an acceptance of map of tract 21360.

1956 8/7/1956 lot 100 is subdivided and deeded into two lots. Exhibit 5

1958 3/11/1958 lot 98 is subdivided and deeded into three new lots: lots 1, 2 and 98.Exhibit 6

1959 9/3/1959 lot 99 is subdivided and deeded into two lots. Exhibit 7

Los Angeles County Assessor appraised the new subdivided lot 99 APN: 4391-028-012.ExhibitS

1962 An exception (10-2-311) is introduced in the BHMC to allow new subdivisions withspecial circumstances to avoid some restrictions. Exhibit 9

6/12/1962 Track 21360 modified showing the merger and the subdivision of lots 97 and98 into lots 1, 2 and 98. It also shows the subdivisions of lots 99 and 100. Exhibit 10

12/21/1962 lot 98 is subdivided again and the resultant parcel would be eventuallyceded to the City of Los Angeles. Exhibit 11

1980 4/25/1980 The lot resultant of the 1962 lot 98 subdivision is ceded to the City of LosAngeles. Exhibit 12

1982 5/6/1982 Mr. Owen’s Warbler lot is created. Exhibit 13

1992 An exception (10-3-2603 A-i) is introduced in the Trousdale Estate section of the BHMCto allow undeveloped land without a level pad to be developed. Exhibit 14

1993 4/28/1993 Staff report acknowledge the particular characteristics of the Lot 99subdivision. Exhibit 1

4/28/1993 Resolution 852 of the Planning Commission asks for the issue of a Certificateof compliance prior to the issuance of building permits. Exhibit 15

4/22/1993 Joseph Tilem request for the issuance by the city of a Certificate ofCompliance for 1151 Hillcrest. Exhibit 16

Building permits for 1151 Hillcrest were issued and Construction starts.

2000 10/22/2000 The Trousdale Estates declaration of restrictions expired.

200$ 3/21/2008 Mr. Owen buys Lots 98,99 and 100 directly from the Trousdale Family.Exhibit 17

2016 05/16/2016 Mr. Owen applied for a Certificate of Compliance for Lots 98, 99 and 100.Exhibit 18

2017 Beverly Hills City Staff acknowledge the 1993 request of a Certificate of Compliance andthe issuance of Building permits for 1151 Hillcrest but aren’t able to find a copy of theCertificate of Compliance.

EXHIBIT1

U

TO Ruth Nadel, Director of Planning & CommunityDevelopment

PROM: Daniel Gleiberman, Associate Planner

SUBJECT: Second-story Addition to an Existing Residence inTrousdale at 1151 Rilicrest Road..

Project Description

An application has been submitted by Mr. and Mrs. Larry Gershmanfar a proposed 1,026 square-foot addition on the second floor ofan existing two—story single-family residence fn Trousdale at1151 Hillcrest Road. The proposed addition over the garagewould not exceed the overall height of the existing Structure,which is currently 22 feet in height.

A letter has been submitted, dated April 15, 1993 (attached),from representatives of the Trousdale Homeowners’ Associationindicating that they have reviewed the project plans and visited

) the site and that they do not oppose the request.

)

Existing Proposed Code Required

Lot Size 39,988 39,988 43,560House Size 7,817 8,843 17,400(Sq. Ft)P.A.R. 0.19 022 043Height (ft.) 22 22 14 w/review

Sit• aid Area Charact.risfics

The 39,988 square-foot site is located on the east side ofHillcrest Road. The subject lot is developed with a 7,817square-foot, one and partial two—story residence, a 400 squarefoot one-story pool cabana, a motor court, three car garage, anda swimming pool. The project site slopes steeply downward beyondthe pool and pool cabana.

8ThP7 REPORT

CITY OP BEVERLY HILLS

Per the PianingCoiseion X..ting ofApril 28, 1993

) Prolect Data

Planning CommissiOhAddition to 1151 Hillcrest RoadApril 28, 1993Page 2

The project site is located in the Trousdale Estates Area, and issurrounded by single-family residential development. Theresidence to the north is a one and two—story residentia1structure. The residence to the south is a one—story residentialstructure.

The rear property line of the project site is near the City ofLos Angeles boundary. The legal description for the property, assubmitted by the applicant, reflects the configuration anddimensions described in this report. The records on file in theEngineering Department of the City of Beverly Hills, however,reflect a larger, undivided parcel. The applicant has submitteda grant deed reflecting a 1952 sale of the additional portion ofthe parcel shown on the Engineering Department documents. TheSubdivision Map Act provides property owners the right to requesta Certificate of Compliance if the parcel was created before 1972and if the creation of the parcel did not violate the localordinances in effect at that time. The creation of this parceloccurred in 1952, before the Trousdale Estates Area was annexedto Beverly Hills. Therefore, the creation of this parcel was notsubject to local Beverly Hills ordinances. A condition ofapproval included in the attached resolution requires the ownerto apply for a Certificate of Compliance prior to the issuance ofbuilding permits so that the City maps can be updated.

Zoning

The project site is zoned R—l (single—family residential).Section 10—3.2552(a) of the Beverly Hills Municipal Code allows amaximum height of 14 feet for buildings or structures inTrousdale. However, this Code Section also authorizes thePlanning Commission to allow additions to existing structures toexceed 14 feet in height if the proposed addition meets all ofthe following criteria:

1. Will not exceed 20 percent of the existing floor area;

2. Will not exceed the height of the existing structure;

L Will not materially impair the view or line of sight ofneighboring homes.

4. Will not materially change the scale, integrity, orcharacter of the area; and

5. Will not adversely affect the utility and value ofneighboring properties or the general welfare of theneighborhood.

CPlanning CommissionAddition to 1151 Hillcrest RoadApril 28, 1993Page 3

na1ysIs;

. Floor Area: The proposed addition would add 1,026 squarefeet to the existing residence. This is approximately 13%of the overall existing floor area. The requirement thatthe addition not exceed 20 of the existing floor area hasbeen met.

2. Height: The height of the existing structure, as shown onthe plans and as confirmed by the records in the Departmentof Building and Safety, is 22 feet, and the height of theproposed addition would be 21 feet. Therefore, the heightof the proposed addition would be lower than the height ofthe existing structure.

3. View or Line of Sight: The existing residence lies on theeast side of Hillcrest Road, and is terraced between theproperties to the north and south. The existing residenceto the north is approximately 60 feet from the subjectproperty, and is located at an elevation approximately 45feet above the subject property. The proposed additionwould not obstruct any view from the neighboring property tothe north because of the existing difference in elevationbetween the two properties.

4. Character: The proposal would not appear obtrusive fromnearby properties. The residences abutting the subjectproperty are similar to the existing residence, and theproposed addition would match the architecture of thesubject residence.

The addition would be approximately 20 feet from HillcrestRoad, directly over the existing garage. A two-storystructure at this distance from the street will be perceiveddifferently than a one—story structure. However, there is alarge eucalyptus tree adjacent to this area which, alongwith additional landscaping if deemed appropriate, willreduce the visual impact of the addition as viewed from thestreet.

5. General Welfare: There is no evidence that the proposedaddition would adversely affect the utility or value ofneighboring properties or the general welfare of theneighborhood.

Environzntl Aessment

A Categorical Exemption has been issued for the project incompliance with the California Environmental Quality Act (CEQA)

U UPlanning ComjissionAddition to 1151 Hillcrest RoadApril 28, 1993Page 4

Recemzon4atjQ

Based on the information submitted, it appears that the proposalwould be in compliance with the height and floor arearequirements of the Code and would not materially impair theview, vista, character, or the general welfare of theneighborhood. Therefore, it is recommended that the Commissionadopt the attached resolution approving the request, subject tothe following conditions:

1. All construction related parking shall be in accordancewith a parking plan approved by the Department ofTransportation in an effort to limit the amount of onstreet parking on Hillcrest Road.

2. All existing landscaping shall be maintained.

3. A Certificate of Compliance application shall besubmitted.

DELERMAN

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-e’’. 217

DECLARATION OF RESTRICTIONS

(Trousdale Estates)

THIS DECLARATION, made this 22nd day of October, liTh, liv

TROUSD&LE CONSTRUCTION COMPANY, a California corpornticm, and

TEXAS CONSTRUCTION COMPANY, a Delaware corporation, hereinafter

referred to as “Derlarants”,

WITNESSETH:

WHEREAS, Declarants are the owners of the real property in the

City of Beverly hills, County of Los Angeles, Statc! of California, herein

referred to as “said property”, and hereinafter more particularly den

rribd, and

WHEREAS, Declarants delre to establish a general plan for the

Improvement and development of said property nd to snbjc’t-t said iroperty

to the following conditions, restrictinas, covenants and reservations upon

and ubjcct to which all of said property shall he lipid, improved and conveyed;

NOW THEREFORE, Declarants hereby declare that said ltP’TtY

is and shall be held and conveyed upon and subject to the conditions, rpntrtc

tions, covenants and reservations hereinafter act forth, arh and a:l of whit ii

are for the benefit of the owner of each part or portion of said property,

and each and oH of which shall inure to and pass with each and ivory parcel

of said property and shall apply to and hind the respective suce,’s;nrs in

interest of said property and any part or hiortlirn thereof, as follow:;:

The real property subject to this Declaration is situated in hit’

County of Los Angeles, State of California, and is more particularly

described as follows:

Lots I to 117, both incluie, of Trat No. 21360, as

per Map recorded in Book ‘d7, Page 9to6j_1n1jve

Official Records, in the offict of the County Recorder

of Los Angeles County, Caitforn:a.

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I

fl1A4984G r,fl248 -

Wherever used in this Declaration, the following terms shall have

the following meanings:

(a) “Builthng”, “structure” and “outbuilthng” shall include both

the main portion of such structures and ali projections therefrom.

(b) “Lot”, means one of the numbered parcels on the map of said

property recorded in the Office of the County Recorder of Los Angeles

County, California.

(c) “Building site”, means either a lot as shown on said map or a

parcel consisting of a portion of any lot or contiguous portions of any two or 4more lots or contiguous parcels of land into which any of said property may

be divided, subdivided or resubdivided or with which any of said propert) jmay be consolidated.

(d) “Said property”, means the property described in Article I hen of.

(e) “Seet”, means any street, highway or other thoroughfare show:;

on the map of said property.

111

(a) No building, structure or improvement shall be constructed,

erected, altered, placed or permitted to remain on any of said lots or any

building site on said property other Ihan one single family dwelling designed

for occupation for not more than one faintly together with the outbuildings

hereinafter permitted.

(b) No building, structure or improvement shalt he L onstructed,

erected, altered, placed or permitted to remain on any of said lots or any

building site on said property exceeding twenty-two (22) feet in height above

the ground level, except with the prior written consent and approval of the

Architectural Committee.

(e) Outbuildings or garages erected and maintained upon an, lot en

building sIte shall conform generally in archttectural design and exterior

material to the finish of the dwellmg hooses to which they are appurtenant,

and may be, hut need not be, attached to said dwelling.

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(U) No shed, or tent or trailer or temporary buildings shall be

erected, maintained or used on any lot or building site.

fe) No building shall be in any manner occupied while in the

course of original construction or until it complies with all requirernent;

as to the area and all other conditions and restrictions applicable thereto.

Construction of any building or structure shall b Prosecuted with reasonable

diligence continuously from the time of commencement until fully com

pleted. No building constructed elsewhere shall be moved to or constructed

on said property.

ff) None of Lots I to 22 both inclusive, Lot 25, and Lots 70 to 77

both inclusive, shall be divided, subUiv,dd or resubdjvidvrj, nor stmtl

any portion thereof be consoLidated with .iny c,tlier parcel of land, tiulesi,

the resulting lot, parcel or building tide sun]] contain at least one (1) acre

in area measured to the ceflter of any adjacent sired, alley or way, ,tod rio

ret-idential building or structure shall hi’ contructcd, erected, aliens),

placed or permitted to remain upon any cit said lots, vIrc-ols or building

sites having a ground floor area oxrltitik’e of ujwn porches, outbuclrhnto, nd

garages, of less than three thousand (3, 000 aquare feet.

(g) None of Lots 23 and 21, a’id Lot’i Ij to GO built tnclustvp, and

Lots 78 to 117 both inrlUtiiv, shall he ]ivitled, subdivided or reauhdc’. idi ci,

nor shall any portion thereof be t:on.olidat.d with any other p.ir I of land

unless tin’ resulting lot, parcel or buildng tilto shall contain at least

one—hatf (1/2) acre in area measured to rho center of any ad)arent streets,

alleys and ways, and no residential building o— structure shall be constructed,

erected, altered, placed or permitted ho remain upon any of said lots,

parcels or building sites having a ground floor area excluivt- of open

porches, outbuildings and garages, of loss than twenty—five hundred (2, Still)

square feet.

(Ii) No road, alley, driveway or other facility providing vehicul it’

ingress or egress to or from Doheny Ruac shall be ctmstruc’ted, erec ted,

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placed or permitted to remain on any of its 1 to 7 inclusive of said

Tract 21360.

(i) No road, alley, driveway or oilier facility providing

vehicular ingress or egress to or from Hillcrest Road shall be constructed,

erected, placed or permitted to remain on any of Lots 2, 12, 17 and 74 ut

said Tract 21360.

(j) No road, alley, driveway or other facility providing vehicular

ingress or egress to or from Loma Vista Drive shall be innstrucied,

erected, placed or permitted to remain on any of Lots 7, 8, 19 and 73

of said Tract 21360.

IV

No hedge or hedgerow, or wall or fence or other strut lure

shall be planted, erected, located or maintained upon any lot in sac Ii

location or In such height as to unreasonably obstruct the view from any

other lot or lots on said Tract,

V

No sign or other advertising devtie of any character sleUl be

erected or maintained upon any part of said property or on any hit or

building site advertising the property for sale or rent; provided,

however, that Declarants may erect and maintain on said property

such signs and oilier advertising devices or structures as may he

permitted by the ordinances of the City of Beverly lulls as they may

deem necessary or proper in connection with the conduct of their

operations for the development, improvement, subdivision and sale of

said property.

VI

No stable, poultry house or ysrd, or rabbit hutch or house, sli.iil

be constructed or maintained en any building site. No horses, c attic,

cows, goats, sheep, rabbits, hares, game, game birds, or other zanrnala

4.

i 14( 425tfowls, or poultry, shall be kept, raised or permitted upon said real

property or any part thereof; except that domestic dogs, cats, birds and

fish may be kept as household pets upon said property provided that they

4. are not kept, bred or raised thereon for commercial purposes or in

unreasonable quantities.

vi’

fa) The owner of each lot of satd tract shall keep said property

free and clear of all weeds and rubbish and do all other things necessary

or desirable to keep the premises neat and In good order, and it is hereby

agreed that in the event of the derault in the performance of this covenant,

the Declarants, their successors or assigns, hereby reserve the right

to enter.upon the property of such owner and remove all weeds and

rubbish and do all other things necessary to plaie said property in a neat

and orderly condition in accordane with this covenant, and the expense

thereof shall become due and payable from such owner to the Declarants,

their successors or assigns, within live (5) days after written demand

therefor.

tb) All service yards or service areas on any lot shall be eric lost’cI

or fenced in such manner as to be obstructed from view from any adjacent

ict or street.

fc) No outside television or radio pole or antenna shall be ml

strurted, erected or maintained on any building jr on any lot or building srtc

or located in such manner as to be iiible from Itie otrtsid of any sacil build

ing, except by and with the prior written consent of the Architectural Committee.

VIII

Said property shall not nor shalt any part thereof nor any lot or

building site therein, be used for the purpose of mining, quarrying, drilling,

exploring for, taking or producing therefrom, water, oil, gas or tither

hydrocarbon substances, minerals or ores of any kind.

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No noxious or offeoelvc trade or activity shall be carried ri upon

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pr484fi FA1252said property or any part thereof, nor shall anything be done or maintained

thereon which may be or become an annoyanne or nuisance to the neighborhood.

xSaid real property nd the lots and building sites included therein

are subject to such easements and rights of way as may be necessary or

convenient for erecting, constructing, maintaining and operating public ocr-

vice wires, and conduits for lighting, heating, power, telephone and other

method of conducting and performing any public or quasi—public utility service

or function as such easements and rights of way are shown and designated on

the map of said real property recorded in the office of the County Rec-order

of Los Angeles County, California, and all of said easem eats and rights of

way are reserved for the purposes herein and in said map set forth.

xlDeclarants hereby expressly reserve the right to make any and all

such cuts and fills on said property and on the lots and building sites included

therein and to do such grading us their judgment may be necessary to

grade street, lots and building siten designated or delineated upon any map

of said property or any part thereof, and to do such works of improvement

thereon as may be necessary to complete the subdivision, development and

improvement of said property in accordance with such map or any part

theteof until saId subdivision and all improvements thereon shall have been

accepted by the City of Beverly Hills.

a) building, structure, garage, outbuilding, fence, pole or

other structufe shall be c-onstructcd, erected, altered, remodeled, placed,

maintained o he permitted to remain on said property or any portion thei-eaf

unless and urtil two complete sets of plans and specifications therefor pre

pared by a dfy licensed architect including finished grading plans, plot

plan showing the location of such structures on the building Site, floor and

roof plan, exterior elevations, sections and salient exterior details and color

scheme, andlandseaping and planting plans, including the type and location

of trees, fences, hedges and walls, shall have been submitted to and approvid

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mittee, composed of Paul W. Trousdale, Chas. H. Church an Willard Lewis,

or by a representative designated by a majority of the membex? of said

Committee. In the event of the death or resignation of any mebiber of said

Committee or of a designated representative of said Committe the ematnmg

member or members shalt have full authority to approve or di approve such

plans and specifications or to designate a representative with ke authority.

fb) Said Committee shall designate and appoint a reprjsentative

who shall be a duly licensed architect and a majority of the mdmbers of

said Committee may from time to time remove or replace representa

tive. The designated representative of said Committee may b but need not

be a member of the Architectural Committee.

fc) The representative designated and appointed by said Committee

shall review, study and check plans and specifications for original construe

tion and for all additions and all alterations subnijttecl to the Arhiteclurol1

Committee for approval and shall advise with the Architcctura Commtttce

and with the owner and his agent and shall be vntitied to rtce4e, a:; compcn

sation for such services, a fee of $200.00 for each complete et of plans and

specifications presented to the Architectural Committee fur aproval. Si;d

fee ahail be borne and paid equally by the owner of the lot or building site sub

mitting said plans and specificatlon5 and by ttie Derlerant, its sucrpsse)c;

or assigns.

fd) Owner may. prior to the submission of complete plans and

specifications as provided in subparagraph (a) hereof, submit to the Arelti

tectural Committee or to the designated representative tlwrcof ireIimiitary

or tentative plans and specifications which shall clearly and completely show

and set forth the esentia1 architectural features and intent of the buildtngs

and Improvements propood to be constructed on any such lot or building site

and the Architectural Committee or its duly designated representative may

approve or disapprove the essential architectural features and intent of such

building and improvements subject to the preparation, submission and approval

of the building plans and specifications as provided in subparagraph (a) hereof.

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(e) A1 plans and specifications for original construction or for

the remodelln or any alteration affecting the exterior of any building shall

be submitted in writing for approval over the signature of the owner of the F

lot or bufld1n she or over the signature of his duly authorized agent, together

with the sum of $100.00, being the ownerts share of the fee to be paid to the

desfgnated rpresentahve of the Architectural Committee as provided in

subparagraph(c) hereof. One set of said plans shall be returned to the owner

and one set shaM be retained by the Architectural Committee.

(f) Said Architectural Committee or its designated representative

shall have po1ver and authority to approve or disapprove the plans and speil- [fications, an1 the approval of said plans, specifications and plot plan may be

withheld not nly because of the non-compliance with any of the specific con

ditions, covepants and restrictions contained in this Declaration, but also by

reason of the!reasonable dissatisfaction of the Committee with the grading

plan, locatioA of the structure on the lot or building site, the finished ground

elevation, th color scheme, finish, aesign, proportions, architecture,

shape, heih. style and appropriateness of the proposed structures or

altered structures, the materials used therein, the kind, pitch or type of

roof propose1l to be placed thereon, the planting, landscaping, size, height or

location of trees on the lot or building site, or because of its reasonable

dissatisfacticr with any or all other matters or things which, in the reasonable

judgment of tjhe Committee, will render the proposed structure inharmonious

or out of keeping with the general plan of improvement of said property or

with the struitures erected on other building sites in the said tract.

(g) The approval of the Committee of any plans or specifications sub

nutted for aprovat as herein specified for use on any building site shall not

be deemed t be a waiver by the Committee of its right to object to any of the

features or elements embodied ft such plans and specifications, if or when the

same features or elements are embodied in any subsequent plans and spec ihea

tions submitted for approval as herein provided for uae on other building sites.

fh) If the Committee or its designated representative fails to approve

or disapprove such plans and specificatioxis within thirty (30) days after

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said p]ans, specifications and plot plans have been submitterto it, and

payment of the fee provided for in subparagraph Ce) hereof, ik shall be pre—

sumed that the Committee has approved said plans, specifijtjons and plot

plans as submitted. If, after such plans and specifications hIve been

approved, the building, fence1 Wall or other StTUctUT shall e altered,

erected, or maintained upon the lot or building site ntherwis than approved

by the Committee, such alteration, erection and maintenanccj shall b deemed

to have been nndertaken without the approval of the Committ]e having been

obtained as required by this Declaratlcpn.

fi) Any member or agent of the Architectural Committee mayfrom time to time at any reasonable hour or hours enter and inspert any

property subject to the jurisdiction of the Committee as to it maintenance

or improvement in compliance with the pruvisos hereof.

(j) For the purpose of making a search upon or guaranteeing or

insuring title to or any lien on and/or interest in any lot or parcel or

building site of said property, and for the purpose of protecting purchascru

and encumbrancers for value and in good faith as against the performance’

or nonperformance of any of the ads in this Declaration authorized or per

mitted to be approved by the Architectural Committee, the Committee may

issue a certificate showing that the plans and specifications for the improve

ment or other matters herein provideil for are authorized, have been apIrovn’d,

and that said improvements have bcpn made in accordance therewith, which

shall be prima farie evidence and sal1 fully justify and protect soy title

company or persons certifying, guaranteeing or insuring said title or any

loan thereon and/or any interest therein, and shall also fully protect any

purchaser or encumbrancer in good faith for value in acting thereon as to

all matters within th jurisdiction of the Committee.

fk) In any event, after the expiration of one year from the date of

completion of any structure, work, improvement or alteration, said

F structure, work, improvement or alteration shall, in favor of purchasers

and enrumbrancers in good faith and for value, be deemed to comply with all

of the provisIons hereof unless actual notice, executed by the Architectural

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- q84c 256Committee of such noncompliance or noncomplution shaU appear of record

in the Office of the County Recorder of Los Angeles County1 California, or

legal proceedings shall have been instituted to enforce compliance and

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(1) The powers and duties of the Architectural Committee

and of its designated representative shail cease after 1967, unless prior

to said date and effective thereon a written instrument shall be executed

by the record owners of a majority of the lots in said real property and

duly recorded, appointing a representative or representatives who shall

thereafter exercise the same powers and authorities previously exercised

by the Architectural Committee.

XIII

(a) The restrictions, easements, covenants, cundition

and reservations herein contained shall run with the land and shall be binding

and in force and effect until 2000 for the mutual benefit of all of the lots

and building sites in said real property with each other, both as to scrvicnt

and dominant tenements as against all other lots in said tract.

tb) At any time after the 22nd day of October, 2000 A.D, the

owners of record of lots or building sites in said property then subject to

this Declaration having an aggregate area equivalent to not less than 65%

of the total area of all of said property, and who shall include in their

number the owners of record of not less than 75% of the building sites thereon

or therein on which dwelling houses or other principal structures art’ then

located, may modify, amend, cancel and annul, with respect to all of said

property, all or any of the covenants, conditions and restrictions contained

in this Declaration and any supplement or amendment theretu by instrument

in writing signed by said owners and acknowledged by them so as to entitle it

to be recored in the office of the Recorder of Los Angeles County, California.

XIV

(a) Violation or breach of any of the conditions, covenants,

restrictions or reservations herein cmtained shall give the Declarants

and/or the Architectural Committee andlor any owner or owners of

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- “257lots or hujldjt sites in said property, the right to enter Upon aiidproperty upon or as to which such Violation er_breach exists, arid tO[ abate and remove at the expense of the owner thereof, any structure,thing or condition that may be or est thereon contrary to tire intentand meaning of the provisions hereof, or to prosecuti a proreedirittat law or in equity against the person or persons who have violated orace attempting to violate any of the covenants, conditions, reStriction;and reservations, to prevent or enjoin them from so d )in to cansesaid violation to be remedied or to rercwc’r damages for said v intalinir.

) The result of every act or omj5s’c, wtrt•ccbv .rnconditions, covenants, restriclion; or rerwre,ltjorm hercin (‘Ofltorner]

is violated in whole or in part, fr; hereby d’ctared to be and “OSIIttr1e.,

a nuisance, and every remedy allowed by law or equity anowner, either public or private, shall be applicable against everys’it’h result and may be “xercuwc1 by Det larants, the Arrhjtec turalCommittee or the owner or owners of any lot, huildin site, or p ‘rtron

of said property. In any legal of ttahie procetdrng for lht cnforrc-ment or to restrain the violar Inc of this J)i’ laration or aIy’provtsroq;

thcreof, the losing part•y or parties shall pay the ,itlnrnrvs for’, if

the winning party or p:rrtie Ic turn amount as may 1; fisod by theP Court in such proeeedjn. Such remerilca shall b decmed eunrtjjjIio

and not exciuSivO.

XV

y and afl of ihe rights, paw’rs an-i fOstreat toni cii

Declarants and/or tire Ahitcetura1 Committee herein rootsinol mayb assigned to any other corporation or association whir Ii is now

and which lt assume the duties of Drclircnt; Snd/c)r the Arc-hit te-IlirdCommittee pertainln to ha partirilar rights and powers and reservatii;assigned, and spon any ueh corporation Or ss.)ria evidencing rtunsent in writing to adept arch assignment and assume such du;it t

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t) ‘‘498t i,r258shall, to the extent of such assignment, have the same rights and powers

and be subject to the same obligations and duties as are given to and

assumed by Declarante andlor the Architectural Committee herein.

XVI

The provisions contatned in this Declaration hafl bind and

inure to the benefit of nd be enforceable by Declarante. the Architot tural

Committee, and the owner OT owners of any portion of said property, or

their and each o their legal representatives, heirs, successors and

assigns.

XVII

Failure by Declarants or by the Architectural Committee

or by any property owner or their legal representatives, heirs, SCeiCS

sore and assigns to enforce any such conditions, restrictionS, covenaflt,

or reservations herein contuined, shau In no event be U’ertied a waiver

of the right to do so hereafter.

IN WiTNESS WHEREOF, TROtSDALE CONSTRUCTION

COMPANY and TEXAS CONSTRUCTiON COMPANY, the DeclarantS

herein, have caused their corporate names to be hereunto subsi ribed

by their oIficers thereunto daly authorized, and their corporate ,iaIs

to be hereunto affixed, this ,‘_d.Iy ofLj)Z.v__, ll)3.

TROUSDALE CONSTRUCTION COMPANT/

By

BY —

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TEXASCONSTRUC0NC0.

BY\

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STATE OF CALIFORNIAas.

COUNTYOFLOSANGELES ) -

, 1955, b.fort’

me the undarsigncd, a Notary Public in and for said Coarty ant Sane,

personally appeared ZZ biawo not t’

to bit the and •

known to me to be the \C-cL.C- of TROUSDALE

CONSTRUCTION COMPANY, the corporation that executed the within

instrument, known to me to be the perstint; who ‘cociited the withtn

Instrument on h’half of said corporation, aiicl at knowlt’Jed to nic tht

audi corporation executed the within instrument pursuant to its hy-hiwr;

or a rso1utIon of its board of directors.

WITNESS my hand arid official ,.al.

-,: J. ‘i’-

ot.iry PiibTc insoifior s nil -(‘ou!u and State

Idy C’onirris-ann /IJ

STATE OF TEXAS

COUNTY OF DALLAS )

On thia c day cii. —. bt’fo’i’

me, the undcr.tac’d, .1 lary Ththlir in acid fur :nid County .nnd Sutut r,

personally appeared( u, ‘i k’. civ icc nilI)t

to ac the_ ,antI - - f - ( ‘4.j ;it\...

kn.wn to mc’ to be the - “ ‘ci I-

ccl TLtXAS CONSTIiUC ioc-----t -

COIVIPANY, tilt’ corp.rat .ini that tnrc-;uti U lit’ within m;:Tumcn’ • hlctcwH

tin mc’ Iii be the persona ho oct cit c-d lb e wit Ii in to train c’n 1 out hi ‘lit If of

said corporation, and a -kucoWleCJSt’d a ace’ that stub to rpocatc tin ‘a-c cit i-U

the within instramint j ursula it tic ‘t’t h -laws cur i ro.,olution of iL,

•bo.crd of directors.-

I at WITNESS tfl’c litre] •d ccli c ;ii taatl.

t-Ft;ni it. ! I. ic

and i- -

CoUnty .i-ucl 5’ ‘Ic

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LOS AkSEtI C(lUifltAUF.—

I full Reconveyance

Whercus, Sccurit-Firt Natioui 1unk ci Lcs Angeles, .1 tation.il t.uiikiug .\e ,n.i,,tIulI. • .f I. ..\ii.,t Ii .

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R.c orde6 aM coalpared: RAY £. L, County Re ord.r1- -.-- -—

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EXHIBIT 3

Septber 16, 1955

:•r. Fred P Hartssociate Valuation Engineer

ion llviaion:.tate 3oard of Squalixation3aeraMento 14, California

ie2’ 3ir:

3U!3JECT: City of Beverly HiUs“Trousdale Estates nnexat icn”

?roceedings for ‘Trous6e1, Estates Annexation” to the.. ity of S.’irly ifls were completed and the annexed teritory hec*s a pert of the city on August 29, 1955 when theproceedings were filed by the Secretary of State,

The enclosed tabulation indicates the effect of tuicity annexation upon thi spcia1 d1strits nvo1ved.

This statement, with the enclosed tabulation, legaldescription of boundary and rap of the annexaticn is subrnitted to yrni for filing in coi*plianc. with the provisionsof Title 5, Division 2, Part 1 Chapter (SectIons 54900et seq..) of the overnrnGnt ode.

Yours very truly,

ifliaa J. ?oxU{’T ENC!ER

ORIGINAL SIGNED

arc.ii A. Rarris, fliviicn Enineer

HA-1-FF :A!nc1. (3)cc: J.R. Quinn, Co. Assessor

Wm.F. ThGmsozz, Dist. Ta.x 4dmr.H.Da Houston Dep. Assr. (with ends.)L.H. Lucas/File (2) /

FOX COUNTY Of LOS ANGELESCUHTY CNWNEER

RO9ERT L IREOORY DEPARTMENT OF COUNTY ENGINEERATATDIVNENGINEERCHIEF DEPUTY

MAPPING DIVISION113$ WEST SECIJND ST1FET

L-05 AN3ELES 12, CALIFD!NIA

MADIsON 9-4747

September 16, 1955

SUBJECT: City of Beverly Hills“Trousdale Estates Annexation”

County Departments and DistrictsAuditorFlood ControlForester and Fire WardenHealth - Division of Vital RecordsParks and RecreationPublic LibraryRegional PlanningRegistrar of VotersRoadSanitationSheriffSuperintendent of SchoolsTax CollectorJudicial DistrictCalifornia Highway PatrolLos Angeles City Board of Education

Gentlemen:

Proceedings for “Trousdale Estates Annexation”

to the City of Beverly Hills Were completed

and the annexed territory became a part of the city on

August 29, 1955 when the proceedings were filed by the

Secretary of State.

Yours very truly,

William J. FoxCOUNTY EIGINEER

Harold A. Harris, Division Engineer

September 16, 1955

Annexation “Trousdale Estates Annexation”

City of Beverly Hills

Filed with the secretary o.’ state August 29, 1955Territory covered by this nnexatinn was automaticallyaffected as follows:

Road District No. w hdrawn from

L. A. County Public Library Tax Withdrawn fromMetropolitan Water District — Cuj..verQyL — No change

L. A. County Flood Cnntrol District No changeCounty Sanitatiin Di3trict No. _1 No change

(1927 Act)*Sewer Maintenance District- No change

Lighting District — Wet KoJJ.... Withdrawn fromLighting Maintenance District NoneCounty Fire Protection District os1 td_ - No changeSchool Districts:

L.A. City School District No changeL.A. City High School District No changeL.A. City Jr. College District No changeBeverly Hills Unified School District No changeL.A. City Hjgh School District BLO 1 No change

Other Districts:

West Basin Municipal Water (Culver City) No change

Judicial Districts:

Los Angeles Judicial District Withdrawn fromBeverly Hills Judicial District Addedto

Remarks:

*No change in district pending modification of WaterContracts. (Per Mr. Bravender 9-16-55) (Under H. & S.Code Section 4926)

3•v.rly Hills

c 3$V1i UIiLSdTrouia1e states Annz*tion

iNRBiTE) TUI 1DiT(tinder Governent oe ction 35300 et s.q4)

Pusuant to a ResclntiL,n o the ..ity of Beverly Hills inltiatik procdings; 0rdiar: o. 913 f tke ity of Beverly -fi11sas adopted July 26, 195 approving the nnex*t.ion; notice filedwIth the 3crstary of August 29, 1955, the following dccTibei teritor’y was annexed:

eginning at the ortnwst corner of Lot C Joheny anchTract as Shown Gfl nap recorded in Rook 24.ge 91 of Maps, records of thetnty of Los An.les, 3tate of a1ifornIa, said corner beingai an angl. point in the 2oundary Line of the Jity of Ls AngeLesr aid County and State as established ‘ay 16, 1923 by .‘rthnan

4570 N S. of sad city; thence aat.r1y and Southerly,following said L3clundary Lijie of said City of Los Angeles so established along its various courses to the 1orbb.ast corner of Lotcif aid Doheny Ranch TLract; thence Southerly following the oimdary Line of said Cit1 of os &ngeles sc •stabiished to the first3n(1e point therein; thence 3outherly along the astcr1y line ofai Lot 3 of Dohany Jaiic:h Tract and the Southerly prolongationthereof to its intersction with the N3rtherly 1oundary Lfa. of I’’the Ity of 9evcrly }Ull in said County an4 state as it now exists

arki 14, 1955); thence iserly, and following the Rouridary Lineof *id City of’ 1ev.rly hills to an angle point therein, said last;ntioned angle point being in the oundary Line of saii Doheny.*nch Tract and !arked on said ap as “Sta. o. 6 o. Rodeo de

thence North 42’ 29’ %5’ West, along the 3outhw&sterlyof said Doheny ianch ract1 being also the 1crth.aaterly

..ouzary Line of said City of 3e’er1y U1s, a dIstance of 31.‘eet to a point distant thereon 3outh 42 29’ 45’ st 256.50feet fron the eeter1y line of said DoIkeny anch Tract; thenccorth 25’ i6’ 30” est 26.09 teet; thence along a tangent curveconcave to the Rat and having a radius of 74.L.2 feqt, an arcd1tance of p5.77 feet; thence North 40’ 45’ 301 Est, tangentto said curve, g2o6 feet; thence rth 31 31’ 30” Zast 34.03feet; thence Plorth 410 59 30’ iast 95. l feet; thence North 23)5’ 30” mast 57O4 feet; thence North 11’ 3’ 25W iest 23.2% feetthence !orth 64’ 31’ 10” est 51.55 feet; tca North 35’ 56’ 55’eat 231.1 feet; thence north 3’ 09’ 40” east 300.61 feet; thriceJ;uth E4’ 2?’ 30” ilest 17l.2 feet t a pcit ii the west Unef said Doheny Ranch Tract being also the oundary Line of sa.d.ity of Los Angeles so established; thence J4orth 0’ 2’ 43” .est,altn. said aoundary Line of the City of L.s Angeles so etab1ishcd1%l&i.34 feet to the 5outherly terminus of th 1asterly line of.ut 1, ract !o. l061 ,a shown on ap thereof recorded ifl cok1S4, pa.a 42, 43 and 44 of 1aps, ords of said County; thence

• 6’ 20” aa: 14.69 r..t to the b.giing of a tangentcurve concave to U* Southastand having a radius of’ 400.00 feet;thence ortb.aster1y along said last eetion.4 curve, 69IF1 Feet;thence North 55 06’ 20 ast 50.00 feet tc the beginning of a

everly 9ifls iO

tan.nt cuxv concava T4)r MestGrly and bain a radius of 5O0.)f#et tiinc. asatrly, along said last .ntiond curve13O.0 fist; ttnce {orth 40° 06’ 20 Sast 50.CX) fiat to twbeginning of a tasgint UrVe nCve ?orthw,wt.r1y and having aradius of 140.00 feet; thence !orth.st.rly and forther1y, a1osaid last eutioned curve, 107.51 feet; thence north 67’ 21’ 41t.st 292.2 fist to the orther1y terwiimas of the Zastmrly linef aid Lot I of Tract Nc. 10613 &own on said trap thereof aa havIng a .ari* and length of !orth 0 29’ 43” 4•at Z122. 15 reet;thence krtherly to1Iowix the t3ounda.ry jne o said City of Loge1e so •st.arlIshed, beiug also the boundary lin of said1beny Ranch Tract, alng tt ariue ccuraes to the piritbegiflflifl.

January 30, 1962

4r1 Fred P. HartAssoaiato Valuation gineerValuaUon DivisionState Board of EqualizationSacremento 14, California

Dear Sir:

CITY OF BEVERLY HILLS WIThDRAWALSFROM WEST HOLLYWOOD AND SHKRMANSEWER MAINTENANCE DISTRICT

Suppl.nting our reports to you regarding the effect on specialtaxing districts of the following annexations to the City ofBeverly Hills, we further report as follows:

On Januai’ 23, 1962, the City Council of the City of Beverly Hillspassed Resolution No. 3075 withdrawing froixi West Hollywood and8hezn $mier Maintenance District all those portions of saiddistrict within the following annexationst

ANNEXATIONS DATE OF OUR REPORT

Trousdale Estates Minexation 5epteiber 16 1955AnnexatioñNo. iO January 15, 1962A crtified copy of this Resolution s accepted and filed by theBoard of Supervisors on January 29, 1962 as required by Section.926 of the Health and Safety tode.

Inasmuch as thre are no outstanding contracts to be modified orcancelled, these withdrawals are effective as of January’ 29, 1962.

Yours sincerely,

John A. TA$lbieCOUNT! ENGINEER

tW:GRW-ff

t City ClerkJ.R. Qu5iin, Co. Aser.c.R. Hughes uicIGINAL SIGNEDAuditor f 2).B. Dickson Robert K. Williams

be: Chadsey Division EngineerJ.Je 3tupFi2, (4,)

January 30, 1962

DESCRIPTIONS OF TERRITORIES WITHDRAWN FROM WEST HOLLYWOODAND 3HMAN SEWER MAINTENANCE DI$TEICT BY RESOLUTION NO. 3075OF mx CITY OF BEVERLY HILLS

Pursuant to Resolution No. 3075 of the City of West Hollywood andSherman, adopted January 23 1962, and filed with the Board ofSupervisors on January 29, i962, those portions of the West Hollywood and 5hers.u Sewer Maintenance District within th. below listedannexations were withdrawn.

ANNEXATIONS

TROIJSDALE ESTATES ANNEXATIONSANNEXATION NO. 10

Inasmuch as there ar. no outstanding contracts to be modified orcancelled, these withdrawals are effective as of January 29, 1962.

cc: Description BookSewer Maintenance District FileCity Annex File (2)

January 11, 1960

Mr. Fred F HartAssociate Valuation EngineerValuation DivisionStat. Board of EqualizationSacramento 14, California

near Sir:

CITY OF BEVERLY HILLS “TaOUSDALEESTATES ANNEXATION” WITHDRAWALFROM CONSOLIDATED COUTT FIRE?RfYf ECT ION DISTRICT

In your letter of Dscenb.r 30, 1959 to us acknowledging r.—ceipt of our letter of D.ce*b.r 2, 1959, you stated that“no filing of esolution No. 2919 a6opted by the City ofBeverly Hills had been filed with this (your) offlee”.

We wish to infors you that the provisions of Sctions 34.540et seq. of the kaith and Safety Code, am amended in 1959no longer rquir. the city to file the resolution of withdrewal with the State Board of Equalization, the Board ofSupervisors the County Assessor the County Clerk or Registrar of Voters. However, this ofiee will still continueto file the with4rewal, when completed, with the State Boardof Equalisation and the County Assessor under the provisionsof Section 54900 of the Government Code.

Tours sincerely,

John A. Iambi.COUNTI ENGINEEB

ORiGINAL SIGNED

LDM:JLD-ff D. MooreDiyi5ion Engineer

cc J,R. Quinn

bc:4ile (3)

GEORSE E REtLLYFIR1 PITIICT. LkN YRPNCIICO

JOHN W. LYNCHIECO. DIR1llCT TULE

PAUL R. LEAKEThIIW IT$l6T. WDODL.ANfl

RICHARD NEVINSFOURTH OIItRICT, LO* F.NOZLEJ

ALAN CRANSTON. COHTROLLIACKAI4ENIO

DIXWELL L PIERCE. .crm.y

This is to acknowledge receipt of the statement(s), filedpursuant to Section 54900, et seq. of the Government Code, aettinforth with respect to the withdrawal of terrftxy known as “Tro 1.Estats knnaxatIon*, which was ana.x tD h. City cC Sv.r1y Mills,fr-os thc Consoli4at.d County ?ir. ?r.tecti Dietristt

The 1960 Board roll will reflect the action evIdenced by thestatement(s), unless the latter is found to be inadequate in somerespect or its validity for assessment or taxation purposes isquestioned by an interested party. We will, of course, bring anysuch matter to your attention.

The following applies only in the case of the formation of,or annexation to, a city within a county having a contract withthis Board for state administration of local sales and use taxes:

____

Filing is adequate for sales and use tax purposes.

____

Sales Tax Division will ask for additional information.

JAN 11 136Q y E. 1iIS,Chi.-V%LUATION DIVISIO

MAPPING DIVISIONOo-!C. John R. QuiiAflg.S County AsssCe’1ê’. John A. Lbia, ‘I ij4ti.er

OFFICE OF

VPLUATtCV4 OI IS?OP

BROLEY £. TRAVISCHIEF

STATE BOARD OF EQUALIZATIONSTATE OF CALIFORNIA

1020 N STREET

SACRAMENTO

)ê C. vad WoodCity C1 and Dir-actor of F1IL,rzc•City”Ia11fl.v.r\7 hUe, Ca1ifrnia

Dar X. Wood:

MAIL ADDR!8R P.O. ox 17SAcRAlTO 8. CALIFOflHIA

January , 1960

!aur coimsicatiae r.c.iv.d in thisoffic. on January 1960

Legal description(s) of boundaries__ Nap(s) indicating boundaries

z... Resolution(s) iio2919

_____

Ordinane(a)

______

Order ( a)— Other:

)

))

1

1

*k sap indioatin tbo*ndarl..s ofthie withdraarli we filed with thisethos whas it was annazeta th City of Beverly Hi

Decenber 2, 1959

Mr. Fred P. Hartoiate Viuiion EninserValuation DivisionState ]3ord of FoualizatjonSacramento 14., California

Dear 31r

CITY OF BEVERLY H1LL3 “TRCXTSDALE1STTES NEX%TION” WiTHDRAWAL FROfCONSOLIDATED COUNTY FIRE PROTECTIONDISTRICT

Sup1ssating our report to yo of Septezaber 16, 1955, regarding the effect on special taxing diatTicts Of “TrousdaleEstates Annexation” to the City of ever1y Hills, we furtherreport as fo11oisZ

On November 17, 1959 the City Council of the City of BeverlyHills passed Resolution No. 2919 withdrawing tron ConsolidatedCounty Fire Protection District all that portion of said district within the above annexation. The withdrawn portions donot cospriss the entire annexation.

The affeetive date of the withdrawal as specified in the aboveResolution is D.ceber’ 31, 1959 Section 14.540 of the Health andSafety Code (Amended Stats 1959).

We have been informed by our Forester ant Fire Warden that thereare no contracts to be modified or ,ancsl1ed.

Yours sincerely,

LDM:JLD—ff John &. LaibieCOUNT! ENGXER

cc: City Clerk, City ofBeverly Mile OGtNAC SlGND

J.R. Quinn, Co. Asar.K,E. K1inpr Co. F.P. Diets.Auditor (2) L. . 7’Iocre

bet L.B. K*DZ Dirision EngineerR.3. Dickson11.3. ChadeeyJ.J. Stusp

,.,File (3)

Dcasar 30, 195Y

DzIcaUflOS or in*moar wiriwuu nyu comsouDa?a1CU1?T flu ILOt1TZ0S DISflIC? $1 *I$OLUTXOW SO. 21f

(URdOT Ssa1h aad Smt.t Cod 3.etiu 1440 CA.*4..d b Itota. 19tCe$ 15w]

7t ,ui.a .f Co.o1idai.d Cwaly 7ir. h.t.oti.a Diartetaa : zn.4 c Der 31 19S withift Treaiü1.n.xaian i the City of 8ovor1 HLU.

O.O5 Sq.er. MIlas

Iseash is Share *re a wter ootrsets to he difI.dr use.U.4 the •ff.alivs dat. •t the withirewl as

apeciftad i the above R.alutfca, is Oas.r 31, 1959.

ccx D..crl.ybi.* 1oskKZ1 fl**(9r, G P1.P. Dirt.iwditar (2)Fire Prêt viaL. ‘iis

t’jy &asei lila

november 2?, 1959

Mr. L i. KingerCou.ty- Forester and Firo Warden1320 North Eastern tiveneLos Angeles 5+, California

Attention ChIef Lathan BrewerResearch Division

Dear Sir:

CITY OF BEVERLY HIUS “TROUSDAL ANNiYbATION11WIThDRAWAL FRO: CONSOkDAT COUNTY ‘IREPROTECTION DISTRI CT

On November 17 1959 the City Conci3. of the City of Beverly!il1s passed !eso1ution No. 291 withdrawing front ConsolidatedCounty Fire Protection District all that portion of said district within “Trousdale Annexation’ to said city.

Cop1ying with the provisions of Section Th5’+o (Amended, Stats1959) of the Health Safety Code, the City specified the effective date of the withdrawal as Decebor 31, 199.

Please inform us as to whether or not there are any ‘water contracts to be modified or cancelled in the area covered by saidannexation so that ‘we may rtify the State Board of Equalization ‘when he provisiona of Section l1t5+8 of the Health andSafety Code regarding these contracts have been complied with,and the withdrawal is cosp1ete.

Yours sincerely,

Jorn A. LambieCOUNTY E11NEEfl

ORfGINAL SKNFfl.

L. D. MooreLDM:TL1T-ay Division Engineercc: Chief Clerk, 3d. of Supv.be: L.B. Knox

R.B. Dickson4’i1e (2)

arch 22, 1?55

Herbert C. Legg, Chairiancounty Boundary Commission3l Hall of Records

Attention r. Ray E. Lee

hear 31r

i’HJECT City of i3evecly HillsDoheny Ranch Tract Annexation” (Revised)

Pursuant to your request of March 21, regarding the propossu“ioheny Ranch Tract Annexation (Revised) to the City of BeverlyNIlIs, we have reviewed the legal description of the boundariessubmitted by Barnet, Hopen and Smith by gi1 Hopen, 35 South.aymond Avenue, Pasadena 1, California, and find that the description requires some revision to provide the definiteness andcertainty intended under the provisions of Section 35002 of theCovernment Code.

Therefore, we have prepared the enclosed revised descrip-.-ion of boundaries, which we recommend that the Commission.pprove and forward to Mr. Hopen.

:aps showingthis Droposed annexation, nd all originalpapers regarding this matter are enclosed.

Thurs very truly,

?j11jam J. oxCOUNTY HNlINRORGINAL S1G11’

Harold A. Harris, DIvision Engineer- t —. -

anc1s (4)

ce Ray . LeeRLG‘i le

COUNTY BOUNDARY COM-M+S1-t1HrCOUNTY Of LOS ANGELES

501 Hall of Records

March 21, 1955

Re; Proposed “Dohe Ranch TractAnnexation” to the City ofBeverly Hills (Revised)

Mr. William J. FoxCounty Engineer108 West Second Street

Dear Mr. Fox:

Attached is a communication from Barnett, Hopen and $sith,by Egil Hopen, 35 South Raymond Avenue, Pasadena 1, Calif.

requesting the County Boundary Commission to check asto definiteness and certainty, In accordance withSection 35002 of the Government Code) the boundariesof the above designated territory proposed to beannexed to the City of Beverly Hills.

Will you kindly review the description and map attachedand return them with your recommendation to the CountyBoundary Commission.

Sincerely yours,

*

‘ 5ee’etary

REL : hkAttach.cc: R. F. Flickwir

County Eng1neers Office

(Map and boundaries description delivered directly toCounty Engineer’s Office).

D.$CRIPTION OF TERRITORYAUTOMATICALLY WITHDRAWN FROMWEST KNOLL LIGHTING DISTRICT

Under $ & I-i. Code Sec. 19290

That portion of West Knoli Lighting District a saneexisted on 8-29-55 within Trou5dale Estate to theCity of Beverly Hi11s

cc: Decr. bookLighting Dist. Ffle/City Annex, File

?ILINGS EY TifE CRcTAtYC)F s’rATF

, rank M. Jordan %cr.tary of State of the State of Calitarnia,do hereby certify:

That on the

_______

day of ‘Q/ 1955, pursuant to theprovisions of the Annexatió 97 Uninhabited Territory Act ofl939 sore particularly S.ctiq 35317 of the Govermaent Code,there was filed in sy office:

a copy of Ordinance No.

___________

of the City ofcertified by the City C1skf ,aid City (

further cart I fy that the 2(Is stated in the certificate of said itwhich said Ordinance was regularly pacity ounci1 f said City and

hat *aid ornancy’ s.,t,s,4orth approval of the annexation tot’i ity of1”-.t i of certain uainhabited t•rritoryi description of t1s beundarics and the desigiiatin thereof as:

/ I .14f4

In Witness whereof, 1 hereuntoset ny hand and affix the GreatSeal of the 3tate CalIfornia

this 2f cy of 1%

3igned - 3ecretary ;f 3tat’

1955,

by th

COUNTY BOUNDARY COMMISSION—. L)

& SURVE ‘OR

- COUNTY OF LOS ANGELES MEMBERSHerbert C. Legg

Chairman.-q, p 1)i Hall of Records John R. Quinn

Los Angeles 12 County Assessor

Xarch 23, 1955 tr-CntruiierRt’-’ ft1 ‘ Ri_I. Mikini BreivogelrJ. Kr 0. Director of

j Regional PianningL b‘X’i[Uam J. foa

County EngineerBarnett, Hopen end SiitIiLivii )gine€T5 and Land urvyors35 South Rayrond AvenuePasadena 1, California

Attnz Egil Hopen ft Annexation to the City of 3ev€r1UUs, Doheny Ranch Tract(Revisec

Gent1eien

At the meeting held on March 23, 1955, the County Boundary Coissionreviewed the boundary description and snap subøitted by you vith yourletter of Karob 21, 1955, of the proposed annexation to the City ofBevr1y Hills, Doheny Ranch TractfRavieed).

tpon recommendation of the County Lnginer, slight revisionsof the boux1ary descZiption were a4e to provide the definitenessand certainty requirEd by Section 3X)2 of the Govsrnzant Code.Said revisions were in the wording of the bow*dary description andsad. no change in the location of the boundaries as shown on the sap.

With these revisions, the County Boundary Cossission approvedthe boundaris of the above propos.6 aimexatioii. A copy of the

) approved revised legal description iG enclosed for your use.

Th. County Boundary Cosais1on su,gge etc that the City of BeverlyRiUs coisidar the annexation of the two excluded parcell in thesouthwest corner of the proposed *nnqTaUon, which would Create twoassll, unincorporated islands if the proposed annsxatiaia is co1ipl.ted.

Vary truly yours,

Ray B. L.a Secretarycomrr BO1JDAR! CO)4(ZSIOfl

REt1 ta sBud.cc: City Clark, ever1y 1’i-lls

Wi’tiz J. Fox, County iginear—R. F. FUckwir, Co. Bug. Office

Ray E. Ice, Secretary

B2ikNETr, HOPEN AND SMiTHCIVIL ENGINBp.S AND LAND SUkVEYOKS

SO RAMONO AVPNUEP.&ADENA CAL.IFQRNI*

ircfl 21, 1955

I.ID i. ThE CITY )F BEVEILY lifli OF P:m.i ii O)1Y2t!CI’ IIU&i — . 3. 2+ — 91

iiennin at the Northwest corrwr of Lot G, Doheny Rnch Irct asshowii on map recorded in Book 24, e 91 of naps, Rocordr of theowity of Los JAgeles, State of California, said corner being alsoan an,1e point in the Boundary Line of c.he City of Los .:.ngeles iLl

OV said Cotwty and tate as established ay l, 19?3 by Orlinance No.

r lF59r/Q -• said City thence i.ser1y and oktlkerly, followingsaid Uoundsry .jJ.ne of said Cij of L35 jngeles so established aloneitS ViOUS courses to tAe i’Ortflea5 corner of lot B of iaid Dohenyilanch raot; thence 5auther1y, following th• i3oindary Line of saicCiL/ of Los rhneies so eitab1ished arid the 3outheriy pro1ongtiont.hereof, to the int,er3ection wiLt-i the hortherly o.inñar ine of

ID i.he Ci.r of iever1y iii1s In said cotcnty and Lue as it. now exists(Iarc! 1955); tnefle i0TtM11eSter1 following said cunth&ry Ilne ofsaid city of i3eiierly t.o an angle joint theretn, 3aid anglepoint being an iaI JOiflt in the outhei’ly line of said ‘ohenyRicL ract; thence rtn 2°29’i% Je3t, aion: sIii ouLnor1y lineof Dononj Ranch ract :inii i1oiig t;ie 1orther1y 3oundary ine of said

y city 01 ever.j i, 3i. feeL., ojf,3 rest 2b.09feet; h-’nc, a gent rvc concavs r the s. ai’ having arer.&i.s of ‘/+.1f feet, n •rc ilstance of 3.77 feet; horth

J”4’ ‘ i .o u”o, 32cX iret; tbn n-rth 31°31’3C’ 3+.03 feetç coice rwi +1°5%’3u ast feet;tlienc orih ?3°15 ‘30 i. 5’7.0’s foei; thence x’tn ;west fee; thenee ;en 4°i’i0’ west feet; tencc:;rUc. 35,L’5” .aI.i3 foot; t.iecce iori. 309t40’t asL 30O.61’£ee.; thence oi.t.h j4a%7I3fl .Wst i7i.82,f to a toint in :lG West1iri cf saii ‘oieny anci’ io’1ary .ine of said Cityof s eies so e ihiisiied; thence Io.h QoIL3t ‘es. along saidon’1rj tine 01 z.rte ciLy 01 LOS ne1es so La1ish-i, 11i.3 feet

ç 2A lOL. 1 ..ract o. 1uL1 i..i SOWik‘:a triereof rc3corded Th Book l4 Pa.es 42, 3 and 41+ of aps, Recordsf said Cowty; tHence orth 45O0ct2OII i3ast 14.69 feet io the ue..

.LLLLLLI1 oi. tanent curve concave o tiLe ouez an’ hiving aradius or 1+oo.oo feet; thence Northeasterly along aic1c.irve, 69.lfeet; thence North 55°Ot’20’ East. 50.00 feet to t boginn1n, of atangent cLIrve concave Northwesterly aud ha1ng a railus of lkO.OOfeel; thence Northerly, along saiñ Curve, lO’.51 f•et; thetico Nortn

3RNE’rr, HOPEN AND SMiTH

CIVIL ENGfNEERS kND LAND SURVEYOR,3 SO. RAYMOND AVENUE

PfSAONA . CALIFORNIA

ge ‘iWO

kroposed .nnexatian to the city of ]ever1y Hills of Part of Doheny

Ijanch Trac L — 13. — 91.larcfl 21, 1955

(z7O21I11JfII West 292.6 feel lo the intersection with the West line of

said Doheny flnnch Tract and said Boundary Line of the City of Los

ngeles so established; thence Northerly, following the Boundary

CLine of said City of Los angeles so established, being also the

westerly boundary line of said Doheny Ianch Tract, along iL.s Various

courses, to the point of beginning.

aIT

Trousth*Je

il8l5.)

Y

PROPOSED A NN6XATION

a4NEn HOPE) & 5MITfi

— s..cJarmt$fl3.. . . -.

ICITY COUNCIL - DANILY SELL

O(ORGS W. DAVIS lye4 CITY TMEASUIICfl

MAYOR 9 P TI JDNN 3. WENflF. t. FISCHER I AOH,NI5tnAY.vCOrrjcrtn

• GtN.HAROLflLOEORGE I WRCCTCIROFflNAHCEDAVID TANNCNOAUM I i City CLCMI

C [Ti OF [3IcvIRLv Ilinst:ALHt:y?N IA

• I, C RAYMOND WOOD, City Clerk of the City of Beverly

Hills, California, do hereby certify that all require

ments of all the ]aws concerning annexation of terri

tory known as “The Trousdale Estates Annexation”, de

scribed in the accompanying description, and map de

lineating said boqndaries, have been complied With.,

ditt Clerk of’$he CityBeverly Hills, California

U — riTh tmuxw,

__

— amU Si flDw

city cu .r city .r i1y atit. h.P.bgei. — e

t ‘L5w *0 ** 1O dai or say, 195— tUam st Olty Co**jl of U City of sew1y liflis,

a wi$ w.s.$ os Iq*Zt1aa 0Ll by o of not lossfi,%) of o 3 1 assaji *0Witopy by saee and

by aem yw.yepty w1*. as swi- lan sqilizd asossa

.ans IU of Ct1 of Loa Anpios, that said tornt7 dasanitod In said petitios aa* to the City of a.vsrlyatfla. That said tssnt, WE at all tI Zri,i mntlanad

*0 said city of at;;. That tha daaoripgjonof said tasaitopy haroinbow fii’.i, to ard by13)aft.Z’ dascp1had 1fSu$ to ar* appoow as *0 definiti.uand Oe1*0X*&ty by’ the Cmmty 2oa,ie Cj.s of tha Cotyof ide *aplas. t said toenitory has bosmi 1aoi istha ECbiy oh and zw 1s as and is has.In dElimited and

*0 as td51gZgtote.aj hassafbo .1ito OffiCtIILZ as TroiSdal. atatea AnzLjan. That tha saidtowltea7 sin r.tart.d to and besaIxiart jj s.sai is within th Coty at Lo Ab,].S it riot Within any 1noo-pe,et.,d city. t the said witte raquest or petitii c1ie4in and tows with 14w.

.UaG_Z t after the flIIng of said wa’ittan iwqsestow Z*Uftan, the City C.irj; of Ui City of Seroerly Allis adoptedZ.salitI JO. 2301 on 4y 10, 1355 satiu.d, “A flJOWa 01cm coiri. or cm y’ vnz ?1-fl TU Tn Pb)V111035

Si 01 flAXg TniflfliX ACT 01 1939, S A tU01 Si 80V_ CZi, QIVI KOU 01 Tn Pi0Po AUpoor WW) I!*’Z TO Si CITZ IIVULT ItLrJ,

Si

________

01 UID uzø j.,ac *n Si SiI* Zass —.I so ta • -- -.

cOi1J uxi saa an= or

-c. -

— — SeED S sGmrL Will. a raona* mazas MU,_toa_ iTa • S a .o at

-- ap-s1 thereinNId is — Kilo ii OUi.. at . Citjr Ctes of the Citjof 1.wr3y ‘ills. I said apeia s$e 2op wtain t.rma,

40re*1i., 55dis and p’te in oonosa Lion with Lb.

of said opsaty, xder th)..i_ 0K said aiiit, oso. of said lwop.wty d0s4iarby adoptian at said fiaolutjan Of Inttta it WS propOsed,

aid by ths adop$i of this ordinance it is ordained that saidprorty in id rrihery shall upon the ano5satioi threor to theCity of Me1y xiii. be subject to any and all bonded indebtednessor said citj existing as of date of Lb. adoption of said resaluLion and any itwurvd wlop to the effectiv, date or an.zetion,and that said psopepty shall be taxed squally and proporuanatal3-with property now wid beratofox. within the City at vewIy Killsto pay th antirs bOnded ifldabbdeas outstand1n a. of Lb. dateof such esation lacluillng iadebb.dn.ss tharstofoz authorizedand to be repeseai by hernia of the City or a.v.a.ly Hills novand thereafter to b iSsued, and any 1ndstt4dn.s. or liability ofthe City of beverly Mills cont,aced ig’io. to or existing at thet1 of such anItjon and subsequent thereto • That the tasea,cofla14yjq, p7tses and referred to in said rseoluLion and adopted by this ordinsne are airs partlcuieriy .st rorLbin amid a9’at d th first and oond supp1.na astthere4a.

oti That Lb. said iasoliatjan So. 2301 adoptedSay 10, 1955 fixed the 91st day of Ja1e, 1955 at the to or sevenfOrty-five (V45) o’c1o p. s., or said lay, In the C..nsU Ch..brin City Mall, 450 Iorth Crescent rlve, City of Srerly Mills,Goaitjr of Z.* State of Ca1iroaij, as She tlxe and placefor lb. bearing of objection.., if any, a4’-S the utI.on ofamid territory “farmed to in said re,lut1 and in this ordLraiqand he,.j,*f*., d.eoihei.

4 That theceafte, the City Clest at the Cityof Svarly Aills saed said Seaolution Ma. 1341, pte4 May 10,1955, to be pukU.hed Wi.. but net of5ai * case a ak is

— —.— -—-

. — - —

t4’ ZX EM Yf 4I cT”t’

- - — - Sit*id, pibI ‘i)id,

— dalPJ Ia 11 øi at 1j flUe, sod .t 1it twice

tel t aft_li as a - 1* West K.Ulwod triba., a

at ual e1iralati p.h,6 oulal4 of the city ,r

S1y ‘I’, bit Ia She Cowety at Los A1se, In ich in

lasa tesrlba’y- døeitbed Is said resolution sod to be asn.zei.

That th. pllsotI.i in esk or said spmpere Wa clsted at

‘iy (10) days ieIaw to the date sit tar the hearing an

said eopD.ed aimrtlan, he witi Jams 21, 19. That the said

City C)aVc i1ed notiles of She daption of said resolution to all

ssos osiic real psUp4rLy In She district described in said

resolution to he apMaSd. .snsaes 6sddress•s spar on

U last sqisUsed aaee —it roll for comty taxes or a• nasea

and addresses were to said City Ciiic and to .11 j,qr.ona

had tiled Ir rapsetire O* and addresses and the dasig

nation at the 1s in 1ch they- respectively had srz Interest,

either 11 or quitabls,, with the said City Claric, ina1s)In

a stetisant of t1 and plus and purpose of a hear

Ing on the said resolution of Intention, and further recitIng that

any person interested sight fil• a protest to the said proposed

annsseticn at any tie. not later then seven forty-nv, f7t45)

o’clock p.s., an the 21st day at Jirie ;95 in the Council Chaab’er

in the City- Kail of the C!.ty of heverly Kills, 43U Morth Crescent

Drive, Severly- Kills, Califoa’nia, being the ties and place fixed

in said resolution for hearing on said petition and said resolutionof intention to - territory therein and herein referred tosod hereinafter described, to the City at a.werly Kills • The saidCity Cia* fig’tbep csLm,id wwitten notice of s proposed aonesation to be mil,d to the board of Supewviaers of the Co*ity ofLos lis to t City CirdU of City Of Los AogsI.a and tothe oeri of Direotore of the Z)payhe.nt of Ue5p ?az’ of theCity of Los An1es. Th City Cleat also certified to the sasaand adaption of said l.solutjan ao. 2301, on She 10th day or s.y,1955, caad the 1 to be ent in the auc of .oluUen.,in U Office of She City Clajc, in the City Zall, in She City of

-3-

I

— — —

‘ 4 tIiof2i W — jØ’*

°e - rrfltç

iIa*ils — • TlR at %$a at said Cttjr

mei1 — 1 - said t1’iti - JUl — adiptod.

t vi :- rssalsltan or

lalsaUsa U — it heiag, safle, it said sawsationof s.d buiter usia i eis aotIteed to d dsaeniZad samduJj callid — — — —

notice a Ia sm$4 rsaolstia the Cit, Clerk sahoa1 that nottlsa Itetoete had h SUed, 1 ieaae$s rs

callid fsa’ sivai. t r.I’ts fz. the heads of

sa.ris 4earm of - Cit, of heserl7 Hill. tharitefors

had be — to the City Cmmail of said City that the arxationof said brs’itory wuld rit be to the detsint, of said city orIto electors or lnbabi*aata or to the xspsatj,e deapt of

said city and sauld I7os. no xa1im burden upon the Said city, its

deaWata ar its elector. or liihabitanta. e Citj

Co,ici1 has rsvissad said repowu and the agrssaent and riz’st andsecond su’p3te1 aU.ta coaserning the annexation of said

hereby find et the aiv*satiwi of said territoryviii not he to the detrIni of said cit, or to its respectivedapepzt.a or to elsotor. or inhabjtans or .aiu city and winiio. no m4no burdns ucri the said city or its resp.ctjy. d.iaztsanto ow u the e3e$oz ow Inhabitant. of saiG city, it annexedIa accoz’de with said RasOltjon of Intention and the said t,rse

t — first — seci supp entai aaat• t the publicP50a health, safety and nersl wifaze require —Iof said witory.

a.ct1.1 6 t sa’. said City Ciarc and the said CityCoasoU of the City of hevrly am. thereupon and hereb d.o1.weeUt the Iihsjt titOS7 Nfoned to and dsca’id in saidpetition and In said sol&tjoê at Intention So. 5301, adoptedSay 10, 1955

- hereinafter descrihed, shell be and hereby isto the City it Savqa’ly kills, a saalioipai corporation in

“ Coaty of Los Aa1sa, in the teb of Califorsia In asnordgwith th maid Sasolutlon it IatIon and toe said au._utfirst and e supplanta_1 a#elt’ thirila beretsaefewre to, lnolndin,g but not Uwic to ovisioo tonsea’ning

4-

‘biw s#Ic rø

— --

tPJ L of vid iiU_ ut am In

— JJf — — d *iht toStitomi —

1* —t 27 5JN__...1 to itoa.,., 4 said toceitcep is e$igmam is ito Cityof 1.uel Kill., in Cematy of Las list. at Calffoznia,

d is sawibed pswStaxj a tol1aw

PO “I’—’iz aA 810? tEA—10 Cfl Or wsaui TU. f1.vis.dJ

begllng at 1W_.st ::jsar of I..t 0, fatoq Panmh Pw.ctas ma p aa Ia lack *4, Pap 91 of pm, sacceds attto CO%lg at 141 Asl, flato at CaUJamaIa, maid com.r beingala. — angie petal Ia Re’ary Tine at the City of Im Angst..in amid Ceimt asl State a asb.blicksd iby 16, i3 L7 UrdinancSo. 45g70 LI. of maid Cjtyj J liaise s lmathwly, followIng maid Ies lane of said City of*15mg ii. j. is ito Seaitos am at s or said

_____

east; e Southerly, fallowing tha )mmdai’y laneat amid City .1 Lam_*ngeam_me a.t.b21.bed to flail anglep.1*1 therein; ‘—:: a.thsely almag the laaiswly bc of said LotI of ckmay tmmh 1101 — - 1euew1 pre ptima ttoaiof tolIe inisuijItm. wiWi *hp Saa’Usw1y Sodary L11w of the City oflerarir III’— is said Oamty d Stab as it now azist. ($uoh 14,1953)j W..tosl,, fOliaving U i4xas of maidCIty of leyssIp Kills to ma i1a paint thessizz, maid l..t nttcosdangl p.1st being In - *oza,y lane of meld Deheriy lanch i)sat

ma arid — am ‘fla. So. 6 Ia. *od da Aqu.m”j thEe 41’ 19’ 43 V*t, Slang the 1oaieriy line of said Dobsayth .t, being aloe 1ae1heasbi Soia.Lary 141W at said Cityat_lavasly 1111. a dee of 31.82 (met to a point distant

loath 4l 29’ 65 East 136.50 tact tram the V.st.riy line ofsaid Dy ek ?wsat; IWth 2 16’ 30w’ Vial R9 fitj“tM•, almag a tmapnt a’. a,e to the lest having a

1t of 4.42 fist, ara distance of es.,i net, ios North3 45’ 30 S, t—iil to said oia’m 82.06 t..t to. lorth31 31’ 30’ last 34.03 ta.t so.’ 4;O ‘ 30 11 95.18£1.1; t lawth *30 05’ 30” East 57.04 fiat; ¶ton.e losth 110

%r°300.61 fast; thence South 840 17’ 30 Vest 171.82 fast to a pointin the Vest line at said Poherq lah met being also the Soan4.ryLiis of said Cty of lam Ampies so aatah1’r’; iam loath 29’43 Wa.t, a1s*g said eiaiy U at the City of Tam topics maamtahl4.d, 416.36 fist to tto sooUiaz’33 temalaus of the 2saterl.line at lot 1., t Is. 1061.3 am p ssa( ai.ma inSook 184,_ta.ans 41 43 ad 46 of Saps, Iscoads of said ComaIjits K.451 0’ SO last 14.9 fiat to the beI.’g at atb san asacasa to the loutheest maS hawing a ladii at 400.Oofact; s st’a’3y algag amid l$ tIe4 siam, 69.81fast; -rais North 3 ê’ 20 last 50.00 f_I Is the gtlng of atsat ram concern S rU—.tma1y a having a tdiiae at 500.00list: Smrmam1y, aang maid last ttrqWji 13090fistJ n SerUx 4 06’ 20 lest 30.00 ft So - belaning ata isopet .iaw soncarn Vorliasly a having a radian at 140.00tact, x,. Sertheasterly

— Samas’1y, aacg amid lastox.,., 107.31_f_ti ‘w. Earth 67 *1’ 44 Vest 291.18 f_I toias’ip !rxus at leebaly line of id LoS 1 of Jmet So.10633 soma ma ai.d p wasf am teeing a bearing langib atIseth 0 *9 43 ibat tam.i3 fist, ‘ai fU1iceig —Sousdary lan. of maid City of l. A1sa astahita, heiág alsethe bowxdawy line at said J)iyhooana.c to tU point at begLIs..

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w —---—-- — ‘ii— — —

$*t# — pLr *T::s-T:,q 1*k%’rt It e%iU tP5 1inc

* 11 iI 4er the inhebit.d

Lmi*.y A.I t — ae rrs, — at of the O.wesisaut cad

— aa2y e*. 33310 to —_ laoluaim.

ci. “ m.tify to the iaaage

— .$im of this Ø1ni to its açi’oval the City

Cmetl ll s s to be p.hI4d o€wo In ILmUfs,

• of ar’qml clYoi4a$lsra, ieLn L*lblI.)id circu

lobed In - City of Jwrly Ellis, ai*1 thIrty (303 days after the

pessee adaptlma *sof this ozrdiasese shell be In full force

-- fiet. City ci 1d1.ately upwi this ot’dInathce becom

112fi oflbetive -l’ be r seal of the Cit7 of ewor1.y

Mills t.snmit to the becstuy of ths Ztate of California,

coo cerUflad copy of this ordliwsee giving the data of It. adopUmi

mad shall request the mid ISoNtary of Ztt to file the said copy

i his office sed snaimit a cUtil’Scahe of fUlg theof to the

mid City claw, sed ‘wtUicate of the fling thereat to the

or 5urw1aoie of the Coisity of las Angles, state of

Celitoada. City Claw shill also t.snmi$ a certif1a copy of

this ordinance to the City Cla$c of the City of Le Angeles, to the

of 1ZmUsAtion at U stats or California, to the boez’d of

Directors of t Msti’opQlit.n Water District of the 3tat. of

Calltarnia, sad to Use Offic. of the County icoyder of Laa Angels.

County CallZoraLa. That the City ng11wsw of U City of beverly

Mills shell s’eire a sep or said enned territory staving

the extant thereof i lb location with respect to the r1nder

of the city of beverly Mill., sad the Cit7 C1a stall cause a copy

of said sep to be amt th the verio cold*. of this ordinance tobe tted as hersia dIc$d. Th City Claw shall also tU•in the Office of the Coiøty Sesordsw at Las Angeles Cocty,California viUa the copy at this ordinance, an affidavit a batingthat all z’squiremnta of all of the law. ococerning said ance$ii

L*’veeedlnge bece been co1iad with, .ich affidavit shell be

acojad by a oewtifid copy of the bewdary deaeribed sat

D-

tth Ia u d p 6eUasatln8 said boada

*depbd aM elIacv.6 this 16th dm1 of July, 1955.

0. U. 1AVI

Major of U CLty ofilsvsz’;y ilia, Caltfornja

C • S&em WOOD

Oily Clms’k

aA OF CALWOIMZACOU1fl QI IDa eIK3 )CI?T QF VflLT ilILL )

I, C • MThOM WOOD • City Clerk of the City of 13mvz’ly

iliUm, Califbwnia, ao herby certify that the for.oin ordinance,

being Oldinanoe Mo. 913 we peeled by the City ColEcil of sale

City, Rid by the Major aid alteated by the City Clerk all

at a r*u1., sating at the maid CotxciX, held i the 2thdey at July, 1955, and that the iw we passed by the toUowing

vote, to vitt

fr1St Coaicli.n Fischer, Tmimenbe.a and Mayor Dcvii

aos: None

ABNt: Coacj3.. 1l.e,ston. end Oaore

LLCity Clerk of the City ofhevrly ilium, CallrornLa

)

]

)

)

1U1W71 Cr pN iaear SAMU TaLC? AZ’TIOJto tos SITE It SmILE lULl tht.ed)

bjbaia as the Mit*heeal ea it Lit 6, Sehmey ha,) Taut as hum— p .ee,66 Is leek *4 kfl it Mije raiee’4s at the Cety atLi. lagelas Ilata it c.ut.NIi, meld maimer W*aj alma as ag1. p1a1is t Edsa it the GIl, it Li. Amgel.s is said Cimety mad Stateas e.Ub1l May 16, 1,8 hy lirdimma Mi. 65570 1. 1. it sal.d l,;them#e hatary d S.s1her17, feUsdag ld Ime.dsry Lime it said Cityit Lii *elas eslabUabel aig ite merimel emeries t. the Sirthustseamer flm $ it maid likely Taut; theai Smetberly, f,Uud.agthe lemedery Us. it ield Ciy it Lu Ample. e emlabliahed to the firstugi. palmS thereis; . imettari, shag the Easterly Us. it maid LitI it lOamy haik Treat sad %be Sesiherly yralamptie. Shereit I. its ia.terseatlam idSh She Siriherl! ledary Lime at the City it lererly hillsis said Gemesy sad Slate as jI mes lsts (Maaib 14, 1S5) s theme. Westerly• d feflaidag She blary Lime it said City it leverly Mills to

megle sadat Sher.Is. said last aemsimeed megle paist heisI Is theS.bry LIa. it said Trait - Marked said Map as‘St.. Si. £ I.. hI.. 1. laW.’; thamc Mirth 4P$’ 45’ West. shagthe Ia.tslerly 11*. at seJ4 lehamy Trait helag ala. the Mirtheastilly )arr 14*e it s44 City it Miserly iih,, mjnamee if 31.12feet Sm a palmS listast thera. kalk 4S*’ 49 last 256,50 feet trthe Westerly lime at meld y hash Trait; thse Mirth 21 16’ 30’West 26.C bet; the... ahaiga e.peS ase saav. t. the East madbeviag a aediss ei fl.U f.et, as an dislas.. it 15.77 feat; thamesSeth 40 65’ 30’ last, lasmt Sm meld .se, 12.06 f..ta theme. Mirth31’ 31’ 30’ la 34. felt; th,a,e Mirth 41’ 5’ 30’ last .X1 fa.t;‘:s Mirth 23’ 05’ 30’ kit 57% feet; 1, Mirth U’ 31’ 25’We6 23.29 feet; theac. Mirth 64’ 31’ 10’ w. 51.55k Shme.. Slrtb35’ 56’ 55’ 5s4 *11.13 t..S Shease Mirth 3’ 05’ 40’ East 300.11 feet;Ihamee hath 14’ *7’ 30’ Wait 17112 feet Ii a pusS Is the West lisait said lehesy bash Treat bØag mime the Sary Lisa it id Cityit Li. Aagelse me estabilOad; ths Smeth 0’ 2’ 43’ Weal. 111mgsail Sary Lisa it the City at Lee Asgelee me established1 416.34feet Ii the $e.thirly t.rmi. .1 the Easterly 11*. of Lit lj Trait I..10633 ma am p thermaç mailed Is leek 114 Pages 4*, 43 iad 44it Maje, $a.ewds it meld G.5y; thimee Mirth 45’ k’ 20’ kit 34.69feet Sm the begll*g at a tIagt iMrVS esi te the ketheen awlbaviag a rUts. it 450.00 feet; thesee Mirtheasterl, alsag said lasttiad merve, Ø.. feet; theme. Ith 5P 01’ *0’ East 30.00 feetIi the bagisalag if a *pm cmiv. e.v. - Merlhweatarly awl baviag araILs. at 500.90 feet; thsi Sertheaslarly, al.sg said last atf.aed..rv. 130.90 feet; theme. Sth 60’ 06’ 20’ kit 50.00 feel Si the begiastag it a tageit nasave Ierthsest.rly sad haviag a radimsit 140.00_feeS; bemee lerthaisterly sad Serthealy aliag said last aSlimed 107.51 feat; thames Mirth 67e *1’ 44’ MesS 292,21 feeS tothe Ierth.rly tarmiams at the Easterly lime it said Let 1 .t Tract Mi.

meld p thereat ma hsvisg a beeriag sad lugth at lertk1 West 422.1 feet; thesce I.rtherly felledag the Seary

Lime it said City if Li. Asplas me established, balag mIme the helidary11*. if said I.ha.y Isach TrieS, mimeg its variws meermes S. the palmSat begismiag.

I, C. RAflIOSD WOOD, City Clark if the Cfty at leverly Mills Califersia,do hereby certify that the fqiepizg is a tame sarrest rnriptie.or lb. Sirritery m.zed by diaaiea Mi. p13, adapted the 25th dayif Jvly, 1555.

1’, Clerk fIb. Ci*.fMiserly Bilis, Calffe*sia

EXHiBIT 4

SCALE ro too SHEET I OF S SHEETS

1 korei-ii ceflfi //in•/ / a,,, a linins,d Sm’egaa of the f/aft ci’ca/fforn,a, that this nap cnsnisiinq of 5 sheets, carrfI9 rerrcsenkG true ceo’ ca/Pp/tie surreg mood UnOr tSf $L/OeflflhjOfl ]SiflC

p955, foot Me matnii,,enfs of the foarsM,- and Iota/hen., ,rhnan henanits/I be hap/one no/ ia/er Man Jepteniber 19S6 and Mat Said anonanen/z are jaR/s/tnt Ia enable the sort-eu Ic he read//f eefracedand Mat t, ac/es to centerline manca,entz n’s/I be on Ale on theOff/ce of the ciJy Engineer not la/er than 5ep/m’ber 1956

/ hereig cant/tb that / have em,,,aed tb/s map, Mat it ounihisortsubstanhally ta the /entati,e mop and approved a//era/ions /berecf,that a/I prarIsicn5 of applicable zz,bd,nsson erd/nances it’ Mc Cl9of .9evtry hells have beer, comphed s-i/ft and ,fta/ / cc’fist lbs map ii frefoaica/y corfect noifo ,ei’aac/ to C/i’0’ resni’dS

Dated _m /‘, — 7

)d hereby oarhfq that cc ore the aorta, of on cmha land inc/uded nathin ,fte subdird/on shan’n an the annesed,n/hm the colored bora’e,’ knot, and s-c canse.,I to Me pie,sarat,oncod rerordat/ca ci’sod mop and tube’ vision one’ hereby dedicate A, theIc the paths use Mc Dr/re , lanes Ridge and Road shon, antb/s nap s-i/kIn taid tiitOYcvbiot Ill’ further certrfg that eaiet asshear, on 0 SOpf of this nap or ti/c it Mc office of the (>f Engifleerof the C,/0’ of Sever!1, fl/is, an ,Fno,,’ of no casements orstran/si,eses/sling in/tm Ike cavemen/s terebg a/ft-red for addicotian Is thepaths use, other Man publici caned s-attn lines, i-es-tn art/arm chat,,that we nit grant no riyht on rnttrtsl a//bib the boundaries of saidcasements afft,-td A, the public micepi where such figh/ or ,n/erealis expressly made subject to said easements We also 9ran+ end dedicateit It, citj af Sever! Hills perpetual easements fee January sensors, 1554r 1fneand dra,na9e psçcnsts aver the strips of land xc des,vnatot’ ar ss,d moo wrinsaid

i ntreiy certi/i that a/I asiesametab levied cinder Mc jurisducherof the city cf Btrs-r%t f/y/i’ Ia ,rhbh /he land ,ncladed he Me wi/din,subdsr,sicn or any pat-i thereof It sijiajeci and ‘fl,ch may be paidii 4/,’, hart bten paid In f/i/I

toted dst-rea-e

/ hor,bni certify that the City touncil of Ihe c//h’ of beverlyHill4 by nat/ar passed 55cc, 4 Mi-S approved the attached cs4o andaccepted en behalf of Ihe pub/ft for high wag purposes Mc Drive,

lanes, Ridge and Rood shot-n on said map ar/dun sod snohal ret/an

and therein offered the dedication as paths highossys tsye Me,with the easemenis far sanifart sewers, Wafer lines and deanage

purposes aver strips of land so des,gnatcd on said map tasthin said

anti/ft/stan,

Oiled hoc. p inSt

i-coin offt-ac,Canal,’ et.oths

Oe /4’ssJj,Wo,’ ef, ,s,a: itt-totiOitay Psi//a

a and etr,,va,W Coed/a andsitte ,cn’nma/sN.L.Coel’e. Satan

i/scar tome moot/a ,5n,s/sar dine 15545ccwsr/Piei?ciy CasipA/sy be reps-s/si

n’c’ssem,’t,ic tin s-fSa c_stat-zn? a,s’inss,t

o,s-,40e tM,aomoe ,.,4., s,oeultdsc,d san/sc/s

a,ooSe0’m’lSt- es-’,aos-to, itt-san .s-svd ass’baa lintson, ca-easostat .ososOa’

“t-’2 ,1051 I’

,SSi 0ats3I5 ay,n’1EjsaOLl. l’I7

S S tM/lAOS drTrustee ceder chests af irs’sf isorordad n’s Bock-d5i’27 ,a’geiSi,

0/heal Records, itt Soak 555527 n0ga .202, Of/heal Resorifo ore’ cadre

dead of/mis1 çotarded O,sloher IS / ,h’Ras fri,s/rc,srnon/ ,_s5ll3 ,/l

i/s sft’c’fia/ of Sc/s a/s Fast- attic n/set Sac Satofu, bin/si noarn it rio a/si/son0 tic n,,aict’ or, cc’ sn/i/nsa, — 5eit4i,/,si ,,ft. va/son o’ tic ,loc.’/ Cm’hbax# ii,

ii,,, coin, a/In ,riraer/ rina’r zor,r rt. 54’ a/Is, Once/a C. (iti,r a,//aie// o(0

i-.yo’h’/s 01a c/s v( t-uinatn.s- flpnr cc ‘nlinoiie anon’ /s ,saai,Il,n asof’t’saa’ h’so_sais,l

sc,,’,uat:ru,n, raW 54,, iran1 sass-n an’ no’ ssitrct C SO art/sr Sal an cm’ a

aSairaner s/ar’ n, nip near,? circa’ oar’ see’ C,irelsn? scion? alcOiro/salan, 050,0/

ciaasrsannz/s dcn/ ac-/s oem ps/a. mat/si any arson.’ cat.’ fins/i/si oi,ic, s-n/inC cf

acid i-crieo’sOon/ ratoseilafit ‘ Me nan/ri- ehennfn’st-,urainami’alc5ti iha’ i/s’/ —

ma’ o- Om art-? ps/ac ,e;rnaree.n’ s-sal - i4,n nan’ an/sOon, ,.tn,ss, cc’,,ss,atentAr ,ic-l3 ao5i tic? nO ,tn,ldsa stac/i,,e C’w’hv’ içatatnreni s-tots-es-, i-hat-,- i/sn

/ocat,sx,.,Sii ,,W5iaiIit5/i) s/c.’,’ in rena/colic, ,oteed o’s-oaiirss-t’ ,c”a a’ness-ran

rut/a a’ inn’ alt-at 540 vt,,,,1 v/sc/s SOn-Inert

fist—/non,’ or it/c/er aaRon alfi, Mer’tn’ ,tnao/asn’siatat’cfatloivnd/so’r5 tsn,s ‘-s-n ae5/et/i atiatsinOaCos

mrLau4,fi0/sO,od E PM 1 ,t3

‘

- Sort/san

/Zde,prata A”, 505th en- ‘i’s’s5/se of i’ni/an,a /cart-tin efia,A,’,JeatI5

nt, maptnef,A&,!,, 79ff ito/be at, ftoLLbiuLsMri attica5 toxic

a,,,’ itt?, cm’ SaC i/f aroosoin/soaa’s’.ar, 0.,’io.rt ceeafi at

stoat Ct-se it/a I/s crane/st asd,,,&om%,,,aC,’’S,Ss_,,,,, anus-, Cm nOv/it .ta-ranip

at/at inn,,’ St Otter C/s sian ritonadsoi0 of/Pc Op /4n, Sn,./a, tin cannons 0i4’ sOJe

s/tnr’ne,,Idiiov? e’sa’ tom’ s/Ste 0. alien Aiçelzi, tic 5,05000? m’pocotc ,/s/,cm,//s,Sv

s-tea osW,a,e,/ kscna, ne/a/a 5t-/ac,s-,5 ,o5,a.itnd be osiia ms/n-eon’ Sitiall alas-,,’

O,a’4,i .,t ta/er tea’ inn- aI h/a 04 et4or sir,nk c/s cviae.Weot,d C St-i ian,’ u’

,‘s,nic,cci ,r,sen,’as, s-miCa teams

a,’ ir/r5P55 Wi-i-Of/157 1 atm s-oinlc ia/mi ,t-nd Can’ eli/ned c’s a//re! is-ia,,

airy c/s a tic c/shea,’ h’s? eSce si/st-n

dJ,td%%-Ite__

Barnefl Hopon end SmithCivil Eneinaers and Land Sunioyars

AUGUST, 955NO. 21360


BEING A SUBDIVISION OF LOTS C 0, AND PORTIONS OF LOTS A AND B OFDOHENY RANCH TRACT AS SHOWN ON MAP RECORDED IN BOON 24,PAGE 91 OF MAPS ALSO A PORTION OF LOT A OF THE RANCHO RODEODE LAS AGUAS’ AS SHOWN ON MAP RECORDED IN BOOK 0?, PAGES210, 211 & 212 OF MISCELLANEOUS RECORDS, BOTH RECORDS OF THE COUNTY

OF LOS ANGELES, CALIFORNIA

cl7sln p,ID 4pA,

587‘59

Oity figmeer ‘City /Eeci%i to/f

T2OL1SDACE C STRIJCT/O/V C0,ttA,’vY to nsnuml’ntins

Me Ctllees’cr — City ad Bet-c/Iy Nfl/s

TSiVAS cows-,/i&Apr,oIy CCYM4n’ V

City Ci?-k - CuI’ of Sac nt H//la

f/a/c of CoilMt-n.m00cr/f c/lan Angeles-f55

On Mes,2,day du’Ccitbcn iP5s before mei,d1AAe’,3dAi-Sto/°

A’rdory Public sn and itt- said Corn/u arid JYak personal/5v appncis-d

Ps/Mit IV 76OUfD4LE, krnoaun Ia Jo he is/a Prasidrnf and C/5t’A,€It’f H

cwu,ecs’, kna.vmn he me/abe/itt fcarei’ary a//ba 77h’&USDALS t2ilti

STRtJOT/O,Y COibJF’AIYY /ht corptrakon heal estcMad al/s Orb/itt

irslrasnrnn/ and k,ranns Ia cAzbe ti/c ,onaazv avilo cis-suild said ,soil,’ZZmnl

an behoff of Me xatioeo,i’an filer-inn ssnec, are’ashsos-itches/a inc Mel tacitcorpora/ion eteoutad Me some

My çxrrnlrsn.n es/ire, JOel. $7, /f OW

Sirlzefitaci 2

iSntis,/sL, ott’ olOf,O5e,,, ,i/It be/se

,nm,,D,4,5.i,2SdLL.,,_,t tia’ya, asic sin son’ Ca-nfl’ a/si-Cl’ ,mraatCi,n,przd 55 tel/ACE at ss,at tao C/atic ,es-toa .7050 roat aaoixvii500’ astir

_asia it,/,s00t-/ 551 au-no4 ,E ,tmtaa,’Secec,,/ea’ttosn as/sn/ye

.5’ menus/en arlene 5/a, 1,057

I ho,,I,y ,nnify hat I base n,animd Chit mops hot it oampll.swith oppltabta Stub law, arid but I am n,titfted that ih, s-op it.shnedtty ane,t in all ,apatit natseSilted to by the City En5inoee

ted,nJ6/c/9f’

]QH A, IE

ate’ fin sa4 cefZJit £Jit,’

‘i7/c s/tao/nrc n//he cr/I’ or’ ,a,nlny,bc,,.,rnerafan,?jsc.,nci,/

dsrcn,bsdS sized tra,’dedin tact 677 pa4ne 47 a! aficiol it’ecards

his dci,, an//ted a ancsraarOo nt-Yb Sen/ian 11557 sudsipls sin 9-)of/bc Med,s,tar Mop Art Thcir in/omit ,, tuth Me/ In c_srirare, ripen in/c a he lit’? andsass’ siyna ‘arc ‘a nat re/a/rca’

by 5hz Bcs’er.’y i/i//i City cauoti/,

SCALE I —100•

Barntt Hopen nd SmithCivil Enginoorn and Land SurveycraAUGUST 955

41/ mcnc,nen/5 shean cx sei are bur,ed S deepdjCep/ S/Ta,,d LfT’nhah a,- 5e/ 1/ash

TRACT NO. 21360IN THE CITY OF BEVERLY HILLS

s%5/5 0F8&42.diGSTh earng ,Y02S/3Y xx aharaa a, /Px txü

aF 7xef N /C/J. A/B //d62.dt a ,,Ixa/ x,/h /.LebxaxLx9 i’o%S’.lr/l sxax a., //x ,rap

SHEET 2 OF S SHEETS

__Dav_. I9I9çç

10 4pj

60

=Cr A4dtL SS

k.1

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—. jhrJsr

P4 PT OF THIS .5 £ID.D/Y/SION(uNx-xpxa.axo lsnv,rxRy OP LOO avnccrx /ca,Zr

ecardo /0 C,TY or ocs ACECO

/

JCAL e-sG’

C

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SCALE IIOO

Barneti Hopen and SmithCI Enine.n erd Land Snyr

AUCUST, 955TRACT NO. 21360

SHEET 3 OF 5 SHEETS


SCALE t 100 SHEET 4 CE 5 SHEETS

in 4pM

5a7

Bamelt Hopen and SmithCivil Enineor nd Land Sur’eyar

AUGUST 1955TRACT NO. 21360


Cf .ASf/s1.7PTin’ LCTJ.8393

SCALE I. lCD SHEET S GE 5 SHEETS

Barnett Hopen and SmithCl Enga.en and Land 5urnynoAUGUST 955

TRACT NO. 21360

I-


l93pM-

587

A

tfd,n1

iM aQrIfNh.Mn

can p.

TRACT NO. 21360THE EIY Or tfl ItiT

EXHIBIT 5

SV121V:ao

.pPQrI.ZDttTISGflOpI0.JN,ISaL—)ivii4AlMAS0TttlSU tsofl.I4sios*W$ALO

1uqo.aMISOZIS10 uot‘uDPTSUT7eit’SuF’.o.za‘pà,qf.s.zoteip.zpsia.zo.zo 0521005JW*I£0tSttpsai.S#41OaEIUOpaD0 UTA0flOJ—0PX.pai*15aoasR*uooSTt

-u1uT.uTs.z.‘io;. qnoqis‘jo..tw1sp.Ca*ooo.pu-pas4Qqa.t,.oos.j.zsi,; £qDAJOti(sT1OmiD‘4voi.t.uy-.aip1‘owjo#qaT ‘nq..oa9i•-üSWp.p.Eooa.*IQThDTOgjouosx.oacjus.z.o uq.zoótia.zpaiaq.o;aaqu ‘p.053LqisITP1W5_555pu.s;IOWCSA000IIt

agy-

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-W1PTU30iiu.zOo4C1.ZaII;sooq.soZj..;6%?oao.z.q. .MOO.Lnogu4ITpTwTodPWI‘OOtWIpTstJo.1fl .qTuTodSo;1.0039t‘tat1S1.ttv9aoU.q‘J00Z10.zoD £t.no;saq50231.J‘gthuo.1qtaDq;.toi tUTsqlulodPT”‘DotWIPT”JOaafltZ*lsi.qUT‘,UTOds!2u-E2a-

-

.uflpT.tossp t*T.iotto;.qLt.zsisaqqogr2g20azsqaoflzodauzirir

--?15p100uXX4D.itfl.JO•UI3JO it4UTid(30MTSfltOUT£9eq.6saw‘Jgçpoosw ‘SltiUyI’71£Iaq;oIQ*‘T.uF‘c9t1‘oot1!

sstaav.xo5mxcu2oxioisqi:6oi!t21,sRp1TA0ttoJqq.

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ii

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43Vp

AUG 7 f95BAT.oiA,K,

mr51957 fi35,

H

SPACE ABOVE THIS UNE FOR RECOROEWS USE

Request for NoticeUNDI SiCTION 2?24 QVE coci

In nrrnr,liinre with Section 29241, CMI Code, reqiirsI is hereby made that a copy of any noticef Irfnuit nn t. copy of my notice of male undrr the Deed of Tnxmt recorded ma InatrunientIC’,,. uui i9

•0 L cL.rria’ ..hL J Li. .. in hook, pane... -

)flii is) Iti’i,rIs if. ..: . County, CaIitoriuiii, and deac:ibing ian,1 therein ma

- C • .,.

1’

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I tr utrul I

i.hiclu

IuuefirIar, ,ud

I.,’ unsil,’,I Ii,

ma Truitor,

.Janamcdn!

._ , ma Truatce,

_,J s,_

IAfl iF ALW0ItNIA(:iItTv tw

Ii.

SPACE BEl.W FOR RKCOPXR’S USE ONI’,’

De -

b-ir, mi’. ihi cadertgaed, a N.tary P.btie Iaanj I.,, akt Caucir cad State, plta.acIIy ippeirad

LL DL,acT

i.. rae ‘n Ii.’ uht jr_._ whac. . 4.n,t.nt to the .dthn b.ucai aa,t achu.)c4j.d thai

.e

cii t,aauI aus4 .dal an),

S I.i qamm.

)‘,c.l

I

11’

-,

w_iifS1fl7tt’pI’Ur ,,J’r

‘ 1956PAsr B A.M.

oc1937 .r, A

Thir Ordar

___

v4V ctcoiw€D Wall. to

‘arv

_____________

¶ ____,._ ,,s,,_ fl

EXHIBIT6

I’ 1867tUE STAMPS IN THIS SPACE

; 3

Corporation Grant Deed

BODE D 39 1cf845

TROUSDALE CONSTRUCTION COMPANY, a California Corporation, and TEXAS CONSTRUCTION

COMPANY

acorporationorganized underthelawsof theStateof

hereby GRANTS to

J, C GAB.RETf, a married man

the following described reel proty in the State of California, County of ios-Jngel..

f see attached rider made a part heraot)

Lot 91 of Tract o. 21160 te the City of 8.verly Hills, unty of Los Angalee,

state of Cellfornis, as shown on map recorded to 9ook 58?, -ages 59 to 63

inclualve of maps, record. of said Oounty.

KOZPT THZFROM ill that portion th.of lying Zait of the fdUow1x described

line:

a.1nn1ng at a point in the Sertherly lin, of said tot 98, said point befeg distant

South 69 05’ o’ta.st th.r.en 169.20 feet frQJ-n the $thwast oornur th.reof

thence $jflfJ) 0 oz 52” test 276.45 feet to a pci l4h. Souths.axta1y line ci said

Z,c* *8, said point being distant Sath 45° 41’23” ther. ZOO feet from angle

at in the South.o. Le1y line of cud Lot $8.

XEDJG THUZFRO)4 to 8eU an eusmeat for the oun)tw3tton, reconikiation,

opeatlon and maintenance of a television antenna, conduits, wire., cahlas,

conoreto auctw. and all epiartanences n.cessy to receive, conthwt, kansmit

and relay television t*ograas and signals over the following descrIbed portions of

said lot:

p5.Iflfi. j•

A skip of Land 10 ‘e-qt in width lying 5 feet on each side mcas*d at right angle. fras

the foUing d. ‘t.d line:

Segiardag at a po.. . Ia the Northwesterly km. of saW Lot 96, distant South 200 55’ 00”

Wait 11.09 feet th.on from the moat Xcrth1y olxnarof said lot; th.nce South

640 56’ ar East 83.15 feet; thence South 140 5V 00” West 54.91 f..tto a point h&ein—

aftes referred to a. Point “A”, the iidellnes of said .asnt to be lengthened or

shortened so as to tmmlnate in the West liii ci said 1azrth. Ncrtharly lin, of

Poai I h.re1aaft desxib.d.

‘nei. 2.4g at the he1abefas desorih.d Point Wi thence Nth 110 09’ 00’ West

10 b.t theace South 21° 51’ r w..t 20 Lsat thence South g50 OS’ bO” test 20 iuet

thence Morth 210 52’ 50” East 20 Ii thence Nxth 510 08’ 00” Weit 10 feet to t

— of

____

Tog.th,rw riht grant said .ueei to others wiit ounsldaUea.

—- JI

S S •• •

-—-S__•

“E FOR RECORDEWS USE

—I

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)

)

3

)

)

By this instrument dated Febrisry 20, i

2K

Affix I.R.S. $ 6s.h

for a valuable consideration,

)

no D 39 PACEG46

SUB JFXT T0 Cavena.nts, Conditions, restrictions, reserratione,

easements, rights, and rightsi-of-ms of record

Second instailment of .957-8 taxee

This conveyance is mad. sid accepted3 and said property is hereby graited,

subject to the covenaits, conditions and restrictions as set forth in that

certain Declaration of Restrictions recorded as ThztTusent No. 3196 on

December 20, l95 in Book l96Ii6 page 27 Official Records of me Ang.l

County, Caiiforrda; afl ac though et forth herein in foil. It is

understood and agreed between the parties herein that the right of en—

forcnt of said covonaits, conditions and restrictions is lieited to

the provisiOns of Article XIV thereof and no right of reversion ed.ste.

I

ndrra3gned, • Nataxi Pu1fr i and fnr aad Coamyind

Stats, y .ppexed

known In me the. .Pr.,ld and

—..—------- *t —— __SetarILfl

RECOROFD omcw. twOF LOS ANLfl COW(r CAUIFOR UNO TTTLE lNS**N

MM ii. 151AT&O1AU%MY S LU. UflY RRX

F

ONTms 20 clay of i-irii A. D, l9&, before toe,

1att /,1-ei . a N&y PublLc hi and for th.d Ci’unfy

V and Stats, peiionailij appeared - C ,.-/L f’ ilür€L‘ mown to ma to be the pei,oe whose name Li subscribed to the within Irwtnm.r

as 12k jan z.ad,a$

_Jta ,nl,.crii,sai the ,çme

.

if 7ir.n Ao.. sa’sy

I. thereto as prlnclpal_ and hlL own name as A fri-tmct

IN Wmzss Wazazor, I heeuno set my hapdanfr4rml m%ad..a1.

the day and year hi twfttes

I ‘‘-—-

7A: ---,--Z#’

STATZ OF CALIfORNIACOUNTY OF H

..LI..CONSCTI0)L...C0iA1 ,a Corporation

and TEUS COZWfIWCTIQN COMPANI a Corpcration

Fact

TA

I

CowIty”

T1,...LIck

IMy c.icn t,iu Fibniri 25, — -.

IACItNOWI,EDOMENT — A1TeaEY 1K FAct — St.*NN CoWctr S STATS — Wm.cdTTa Vc 217

NotJ’sth&•

••

C.

EXHIBIT 7

BECOft1EWS USE

•1

AxLRS.$________

, for a valuable consideration,

?rocisdi Cotrcction Cc*ny, a California CorporaUxi and T.xas Ccxzstruction

a corporation organized under the laws of the State of De1&ra

berth GRANTS to

George Ste-rena, an unaarri.d ext

tht Icilowing described reel propert3 in theS of California, County of 105 Angeles

All of tot 99 ofTract 2i360 asp.r ç recorded in I3ock 587 Pa€ea59-63 of Mafe, in the

offfce of the Ccemty Recorder af said CountE therefrom ill that Frtj thereof lyin

Sontheaat.rly of the foiloid. ag desc4 liner B.g4nMrtg at a paint in the scntharll line of

said Lot 99, said point being distauE7’ g5$ 00’ East thar.or, 169.20 fo.t from the Sauth

wart corner thereof; thence north l 23t East if.6j feet to a point in the North art

line of said tot 99, said paint being di-tant South 37’ 0l’ 00’ East thereon 201i.29 feet fr

the Nortlweet corner thereof.

Sobj.ct tor Giniral and Speaia]. taxes thith er not yet due

Cor.naats, co i.one, rsstrictio, rei.ry aticsts, eaeee.ata, rights,

Lxi rights of way, - of record.

This ceyanc. is .de axi aac.pt.d Kid e24 property is here granted,

5ub3.ct to tlu cKiats, citi and restriatioae as set forth in that certain D.cleratil

of Rsstrictiws recorded as Instrtzeest No. 3)96 on Deoeaber 20, 1955 , in Bock h98, Page

2Z7, 0. Rn of toe Ang.iaa Cwty California; l1 as thcaigh set forth herein in (nil. It is

uniarstood &nd agre.d b.ss.n the partiesherain that the right of enforc.meot of said ooves.

conditi and re.trictia is liaited to the prowiai of .Lrticle 117 thereof, and no

right of rceraiort exists.

r ir a I IluR,.I

‘.1

Ia. itgu.atjl. I9Q -__ka.tnna,,und,,.

• .i.r, I’a.jaIa, an .rnj In, a., nunq .nd S.i, f.annaak

‘•‘V

cI::f.a%sa. N. V=

La,.., a.—. t, 1. th. pn,,.......,h.., .._

________

-—‘rI—4 a nan,,, arnaaq,.1ac tin,’ AII.nn,y_ a, tart n(

I rousdj tan.t ruction om?anv.anc. Vpnaap4

*.. .

lI’44 nnaa,nt .mt aa.

I’a1.b an and mr ..a4 inuato and %t,I,

My Comrn. expire. 11/t8/59

Q;1w/r

.

Title Order

TAMPS IN !HS SPACE

Corporation Grant Deed

By this instrument dated. .Augugt 25, 1959

STATt OE CALIFOSNIA

C0NTT OF H -t

si Tczej Con tructaia Caaiysdaie Ccsistyictiou Co.ay, z ‘orporation

I

aCorporaUoa

SPACE BELOW FOB RECOID€WS USE ONt

RECORDED IN OFFIC[nt RLCORD5

OF LOS ANGELES COUNT’i, CALIF.

FOR LAND Titt.E Ir5URANCE CO.

SEP 3 1959 AT8:01AM.

RAY E. LEE. County RecDEder

Escrow or Loan No.

EXHIBIT 2

C N Arurri C:: 4nnetos t0: porla! s45sorlaccniCty aD’

LAsMgdesCowrtyAssessor Portal

krow All. Hide incttoe Rclli:

a291.j2e.oi%

l)hmr0er --B4 HT! fliIi1, Raccitftn Sq Dod fcc D0J fCl 0C2 .Toal VaIu, LjndVakj., Rson Sm 1tojrwvem.cfViu:2SZ-oc!_ - . :. - - -. - z -

.‘ 75 °5’ 9 A 3915 It9it, 37 1 ISiS :1 1547 03 li3 7 0 731: 0 731 -2 15750 73 57;:5 9 5 9, l45 ‘,;4 1t2 15 1557 oS L-S S 75.5 75, 51 5

s:c I o2-l’:22rl 4,l5 ‘n-CS ‘j-S :‘ 757 Cs 0T-f l?-O’ S A ll”l 11.5 127 215 -357 (5 C ?41,,73:

- 7 —I

- A-. 13571311 P Cil’ifl’ 4 143- 45 7357 5 ,- S S 5. -, iii7 S A A- 571

lill 51 5 111171 137,4 4 154,-. C S u S 7i3- A 7555 t’— 1 3(3 0 9 Iii .111 0 153 7575 1947 5550 t75 C- 157- 0 73

BiSTupeSIt SiaLsu

-- Dais Created

-Date to A45r,TaxPeasou Cole

Toe 0,1001 ColeTazRa55AreaflRstCorasrner Pnc iode (CPAPrrxeuuio CodsRcrr3o tlaie

- Sorusoce tidic-r,1 DOCtalINit ledliSEr

- Dou.nsflt RsasooOwoersh.p CoIn ICsoonss21çiCcde2

PooenllntonsotQton Kas

- 13fl3V4lueRu,Lord Vatue0nn Dlc

• Coed App’aisal Do7eIrnp,vuemuni VaSie Reao.o

tneni4rl V9jtio1 7757015 “1557 Açp’a-at Aslu

S Ss&si 5141 SIA. 017549Cr AU4757

1111117723:1053- Uu0i-.cO,n OtUIlOl€,i Coite

• Un’ijwn Cr Unuoed Cole

024427 01

02457790

- Unkooon cc Unu5od AdS- Ut,k.57efl Cl Unrond Gedv

20970557 crc Unused CodeUr,knnwll so Unused Cr15

0-375-4- Norlo

A- H-0l01iC4l 1015 Rpra;210233.7075(r73C—II107BA Hstcsooi 3075 RoaprIa:sa(027211975

9CC TypeNCC Dare 0NC LaodlaoedValso S CNC lrrpdaeS Value S C

T0IMNC S C

Vase S £92‘rlIplovenseni V21u S 0

Trlal 90 S 002—

.E•1-5,Prusonal Pisparly Value 9 0Solute Vrie S 0

To4OIPP S 0:‘o:

Slurno Owner Eoernp6err (9053 5 0Real Estate 5369171100 S 0001olflOi P’cr,erly Exemplon S 055Ul6 5391595741 5 0

Trout Esoiplons S 0— I

EXHIBIT 9

BHMC

10-2-311: EXCEPTIONS:

It is recognized that certain parcels of land exist of such size, subject tosuch title restrictions, so affected by topographical location, and devoted tosuch usage, that it is practically impossible for the owner to conform to therules and regulations of this article in every respect when subdividing.Exceptions maybe granted in such cases only when the planningcommission shall, in the exercise of sound, reasonable judgment, after aninvestigation and a hearing with the subdivider, determine that conditionsaffecting the property in question warrant and require such exceptions;provided, however, no exception may be made to any requirementsimposed by laws of the state as they now exist or ate hereafter amended.(1962 Code § 10-903; amd. Ord. 75-0-1561, efl. 3-4-1975)

EXHIBIT 10

CODE

2442

TRACT NO. 21360M. 8. 587-59-63

RECORD OF SURVEYR.S. 79-28

£ ‘C-tfO-2I-5I -3D-

‘;-7 -a

SESSariI 11AP

COUNTY OF LOS ANGELES, CALiF.

FOR PREY, ASSMT, SEE t67E—,2

SCALE SHEEt CF SHEETS

BARNETT d”jH &SALITCVL ENGINE5 AND LAND SuR’ErCps

DATE 962 RECORD OF SURVEYIN THE CITY OF BEVERLY HILLS CALl FORNIA

9EJNC A SUPVEY OF LOT 97 & PORT ION OF LOT 99 796Cr 632360 95 .OCN ON MAP RECOROLO Ill80CR 597 PAGES 59 509152 AND 55 RECORDS OF ThE COUNTY OF LOS ANGELES

FIlED

JJAE I2.,i2

ACY7l

2 / thi I hays s;aneall/Yd sa7.T :091 ,/ DOn,p’/SY 3,16 p1/ p(b/a:0S o! 1h9 C,& of 3s,sfv hI/s pad

,,,, r,sd thaT lAys n,aa Jo technysp/J,j.1 Sri:’, yen, ed Ia CF1. &o.n-de

P ao,-fiF’, that IA5 ctIns hs. -,,pfys., pooysnt.ys-p,o

COVHfl 599995095 C%RTISICADETh km bmn ,apin.d f- pp.

F,69n 6556 I6 qaAnse. S t#p.15 l Dl55n S I lIp 8ahp,, psd

P,t.p9p,. Cm9. th3.......t/i_4.y 1

J.%n A. Caph9.C095

nc, ccr,-ey//c represent; aflY fl75 OP C’’Y’c7 nc A,P001,Cn in rc’-fcn-ncnc

colA Tht a? ohcpler ‘5 a! Dñ’is,cn 3 a!rAy BuJ’-,ess and prc fCfl,cn5 code a tArp 1 D-aJdad C’eoys/zchcn ca on ,I?a,h /562

5s,s, of fleasomosThe eosnaa t/43’d) 235 cc sAps,,

IhC Sd545d-lJO t;,e p1 frpt/ NC 21350 — .e ,-

1555 V.5W 05 lhe BOOtS C! BECrinfiS shown pntAos nyoc

Nois: n,n;—n/3 shoc,,2500 SpaY 3IT

EXHIBIT 11

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Blake 4larwi’-Owe..s’sith

2B4 flicker Place

Fic$ywoCsl Caiforns

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$PhLtflOWC 7,415 cI,1 FOR Pt _ORQ(R USC

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CONSIDERATION LLzS THAN $100.00.

* S SI I lIII I 4\—Ji,) !t•,T111’, .1 .1 . .,.j,,. k.. .1.1,—I ‘E)C,.S CONSTRU7!te

COPMiY, a curporetion organized under the 1a.s tf thu State of

De1awre. and TROUSDALE CONTRL’CTIQN CtPIPANY.

I I..’ t..4O.,..,. California.

UI MI—I iii I ,oI (\Il Id III 141W- I.. BL?JCZ Wf..RWICK—OIIENBMITJI an..

!PJ1LDJi4E C. WARI4’IC)(-OWV1SI{Ifli. husband and wifo. as Joint tenants,

That portion ol Lot 3B f Tract 140. 2ib0, as per nap re

corded in Book 5B7. pages 13 to U), inclusive, of ap in the 1fi-:’-

of toe County Recorder of said County. tying soutneasterly of a

line parallel to and 50 fCet northwesterly mcasurcd at a ragnt unqte

(nsa the southeasterly line of asd Lot )B. sa_rI 5otheastenly line

!IavinJ a bearing of N 45 41’ 2) E.

.XCPTtNG TiRfROt that portion of asic lot lying westerly of to

followins described line4

3etnn1ng at a paint in toe Northerly line of said Lot 99. said

poInt Leing distant Soutn 530 j5’ 0 Cast thereon L63.i’ feet 1rn

toe Northwest corner thereof; thence Soutn g0 02 12” East 276.43

lest to a point in toe Southeasterly line of atd Lot B.said point

being distant Soutn 450 41’ 23 West toereon 200 feet (roe toe anIc

point in toe Southeasterly line of said Lot 38.

T ros H2REIN RESERVE to to,sge1ves and their ouccessors and

assigns, an caCernant for the construction. reconstruction, ‘saintenanr’.

operation and repair of a road or roads, drainage, sewer, water and

gas pipes. conduits ano wIres and otner meanu of conveying to and

fro’ toe doeinan’ teneiscot surface water, scweraçe, water and ‘455.

tclepnar.’, tolevi5on, elect_ic irgot Sod power service Snd otOer

to; nge toat ,say ec ‘orr.enient to toe rriers ot toe deininant terenont.

:0. upon. over, unddr and acrort toe tlorthca’iterly )rj feet of the Land

‘onveyea by t’ira deed, -‘hich caeenent is for tne oenefit of and

appurtenant to toit portion of said Lot 39 of Tract ho. 21360 ow0c’J

by toe Graptors and can; part tr.ereof. wit:oat 1lmitatin. n7O wniro

said do’sinaot tenrent nay he divided as to owncr5hb’, t 1.0cr wito

toe rqSt and power to aedicOte or grant si.ino CaSIO-lOot or any part

toereaf for pu1n purposes.

LoS .ngeles

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EXHIBIT 12

j

April 29, 1980

Mr. Martin C. Rohrke, SupervisorTax Area Services-Valuation DivisionState Board of EqualizationP. 0. Box 1799Sacramento, California 95808

Dear Martin:

Detachment No. 7 from the City of Beverly Hills(Annexation to the City of Los Angeles) -

The attached filing is submitted to your office in compliance with the provisions of Sections 54900 et seq. of the Government Code.

The required filing fee in the amount of $120 accompanies this filing.

Sincerely,

(Mrs.) Michi TakahashiAdministrative Assistant

Ends.cc: County Assessor

County Auditor— County Engineer

City of Los AngelesCity of Beverly HillsApplicant

1i

BY

flct&’er 2i, 1070

rs. T’utl’ Benell, fxecutive OfficerLocal Agency formation CommissionCounty of Los Argeles

PenT Mrs. ene11:

CITY OF P7ftLY HILLSDACFTh1ENT “fl. 7

In compliance with your request of Anusf 17, 1°79, :e l-’ve reviewedthe submitted legal descrintion of the -‘o’rndaries of this nronosalfor annexation of territory and re”ort - r1 lows:

1. The boundaiés conform with record lines and linessofo%ership

2. The submitted mao requires TOV1S1On.

3. The legal description as u’’itted repires revisinnto onfrm with State Poard of Fquaiization requirements.

4. Because of item 3 above, we have prepared tle enclosedrevised description wHcT can he approved as todefinitness and certainty in accordance with Sections54778 and 54790(f) of the floverrment Code.

i. list of cities and special districts involved and l conies of therevised map are enclosed.

Ty truly yours,

ST1PHF 7. KOONCPrount n’ineer

Pichard P. uhisAssistant Peput)r County fngineeraprin njvjsjop

REK:NC—jww 44

Enclosures

dc: file

I ‘Uii

Ic’LOc:AL AGENtIFORilA T1OX (MiS1O.%LOS ANGELES COINTY

MEMBERS OF THECOMMISSION

JOE U. FN)9ERCna PuA,

JOHN 0. PHLLtPSRO5ERTC ST CLAR

STATE OF CALIFORNIA) PETtRFSCHABARUU

‘I LA.MESA.HAVES/ ALTEHflZE 3EMDC

County of Los Angeles ) ENNETH,CHAppELL

RUrNEZCCUTI%E OFF;CE,

U(CHI rAKAHASHI

I, RUTH BENELL, Executive Officer of the Local Agency Formation

CommiBsion of the County of Los Angeles, do hereby certify that the

attached is a full, true, and correct copy of the original Certificate of

Completion for ‘Tètachment No. 7” from the City of Beverly Hills -

(Annexation to the City of Los Angeles)

recorded with the County Recorder of the County of Los Angeles on

April 25, 1980 as Document No. 80-422848

IN WITNESS WHEREOF, I havehereunto set my hand this

25th day of April , 1980

RUTH BENELL, Executive Officer

383 HALL OF ADMINISTRATION! LOS ANGELES 90012 974-1448

CERTIFICATE OF COMPLETION

Boundary Change or Creation of City/District

I, RUTH BENELL, Executive Officer of the Local Agency Forrnadon Commission of the County of Los Angeles, do hereby certify that Ihave examined the attached resolution with respect to the Hthabtzd/uninhabitedproposal designated as rDetnchment No. 7 from the City of everly Hills

fAnnexation to the City of Los Angeles)

and have found said document to be in compliance with the resolution ofapproval adopted by the Local Agency Formation Commission of the Countyof Los Angeles on October ‘4, I 97c

All of the information required by Section(s) 54797. 2/56451 and 54900et seq. of the Government Code is contained in the attached docuirnt and bythis reference incorporated herein. The affected territory hall/KlIlLtCbe taxed for any existing bonded indebtedness or contractual obligations.

The effective date of this boundary change/crnatiQn:of cityfdiriis April 25, 1980

IN WITNESS WHEREOF, I executethis Certificate this 5th day of-

141i1 , j9_$0

RUTH BENELL, Executive Officer

Att.

OF \ST.:TrQ. LOS \:LF2 C

(TY OF LOS ANGEL SCAL) FOR N IA

E LAYTON OFFICE OFCITY CLERI( CITY CLERK

POOH IRS. CITY -ACI.

LOS ANGELES. CALIF 50012495-5705

WHEN MAKINO INQUIRIESRELATIVE To THIS MATTER.REFER TO FILE NO.

79—5212

CD #2

January 17, 1980

Honorable Tom Bradley, MayorCity Clerk (w/copy of Resolution)Election Division (w/copy of Resolution)Board of Public WorksCity Planning DepartmentSuperintendent, of BuildingMaster Plan Advisory Board (w/copy of Resolution)City Attorney fw/copy of Resolution)Fire Commission fAttn: Board Secretary)Police Commission (Attn: Board Secretary)Water and Power Commission (Attn: Judith Davison)

City of Beverly Hills fw/certified copy of Resolution)

Local Agency Formation Commission (w/7 cettified letters and certifiedRoom 383, Hall of Administration copies of Resolution)500 West Temple StreetLos Angeles, CA 90012

I HEREBY CERTIFY that at the meeting of the Council heldJanuary 17, 1980, a resolution was adopted ordering the annexationof certain territory designated as “Detachment #7 from BeverlyHills” located on .23 acres southwest of Warbler Way and north ofFlicker Place, pursuant to the provisions of Section 35234 of theGovernment Code of the State of California.

REX E. LAYTON, CITY CLERK

ByDeputy

dm

TOM BRADLEYM A Y 0 R

AN EQUAL EMPLOYMENT OPPORTUNITY—AFFIRMATIVE ACTION EMPLOYER

!ileNo. 79-5212

TO THE COuNCIL OF THE -

CITY OF LOS ANGELES

Your PLANNING AND ENVIRONMENT Committee

reports as follows:

RECOMMENDATION

That the attached Resolution transmitted by the Local Agency formationCommission, pursuant to Government Code Section 35234, ordering theannexation of certain uninhabited territory designated “DetachmentNo. 7 from Beverly Hills” and the payment of the necessary filing fees,BE ADOPTED.

STATEMENT OF FINDINGS

The Local Agency formation Commission of Los Angeles County submitsResolution No. C-l979-93 approving a detachment from the City ofBeverly Hills and annexation to the City of Los Angeles of certainuninhabited territory designated as “Detachment No. 7.” The Agencyalso transmits an additional Resolution for the City of Los Angeles toadopt ordering the preparation of the necessary documents to completethe transfer of said property.

When your Committee reviewed this file on December 11, 1979, the representative of the Chief Legislative Analyst explained the proposal. TheCommittee members concurred with the action of the Local Agency formationCommission.

Respectfully submitted,

PLANNING AND ENVIRONMENT COMMITTEE

/AE 1: mw12-18—79Adj CD2

Farm No 42

1; )

RESOLUTION OF THE CITY COUNCIL OfTHE CITY OF LOS ANGELESORDERING THE ANNEXATION OF CERTAINTERRITORY, DESIGNATED AS DETACHMENT$7 FROM BEVERLY HILLS

WHEREAS, a (petition) of application for the proposed annexation

of territory to the City of Los Angeles, in the County of Los Angeles,

was heretofore filed with the Local Agency Formation Commission by

Victor Paddock, Chief Petitioner; and

WHEREAS, the reason or reasons for said proposal are: Land Owners Request

WHEREAS, the Local Agency formation Commission of the County of

Los Angeles on November 14, 1979 adopted a resolution approving said

proposal, assigning ‘Detachment #7 from Beverly Hills” as the distinctive short

form designation, approving the boundaries of the affected territory as

described in Exhibit “A”, attached hereto and made a part hereof, determining

that all the owners of land within the proposal have consented to this

annexation, and determining such territory to be (inhibited/uninhabited) ; and

WHEREAS, said Commission authorized this Council to conduct said

proceedin,s without notice, hearing and election; and

WHEREAS, said Commission’s resolution making determinations provides for

the following terms and conditions: None

NOW, THEREFORE, the City Council of the City of Los Angeles

DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:

Section 1. Pursuant to Government Code Section 35234 said annexation is

ordered witnout notice, hearing and election.

Section 2. The City Clerk is directed to file certified copies of this

resolution, other necessary documents, and processing fees, with the

Executive Officer of the Local Agency Formation Commission.

bylhe ccwct cl tl. City o$ Lo

at ts rnqtir9 heW

JN1’t 1380REX)? LAYT9tI)Cft Clerk

—- r ‘ ,, 7

DESCRIPTION OF PROPOSED‘DETACHMENT NO. 7” FROMTHE CITY OF BEVERLY HILLS

(ANNECATION TO THE CITY OF LOS ANGELES)

(Revised Description)

Beginning at the southeasterly corner of Parcel 1 as

shown on map filed in Book 79, page 28 of Record of Surveys,

in the office of the Recorder of the County of Los Angeles,

said corner being a point in the conunon boundary between the

City of Beverly Hills and the City of Los Angeles as same

existed on August 1, 1979; thence northerly along the easterly

line of said parcel to a line parallel with and 50 feet north

westerly, measured at right angles from the southeasterly line

of said parcel; thence northeasterly along said parallel line

to the northerly line of Lot 98 of Tract No. 21360 as shown on

map filed in Book 587, pages 59 to 63 inclusive of Maps, in

the office of said recorder; thence easterly along said north

erly line to the northeasterly corner of said lot; thence

southerly and southwesterly along said boundary to the point

of beginning.

Containing: 0.233 acres0.00036 sq. mi.

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R E S 0 L U T I 0 N

]USOLUTJ ON OF TIlE C trY COUIJC H. OF TIlE C]TY OFLOS ANGELES APP}10V1 NG J1D ACCEPT! NC NEGOTIATIONSTHAT ThERE WI 1.L lIE 140 EXChh1.JGE OF INOPERTY TAX REVENUESRESULT] NG FRO1I TIlE ANNEYJTION OF UNINCORPORATEDTERRITORY TO ThE CITY OF LOS ANGEI.tS, ‘BEVEBLY HILLSDETACIIIIENT NO. 7” fROM TIlE CITY OF UEVWRLY HILLS

THEREAS, pursuant to Section 99 of the Revenue and Taxation Code,

prior to the effective date of any jurisdictional change the governing

bodies of all agencies whose service areas of service responsibilities

would be altered by such change must determine the amount of property

tax revenues to be exchanged between the affected agencies and approve

and accept the negotiated exchange of property tax revenues by

resolution; and

!HEREAS, the City Council of the City of Los Angc]on end the City

Council of the City of Beverly hills have determined that the a’uount

of property tax revenues to be exchanged between their repctive

agencies as a result of the annexation of unincorporated terriLory to

the City of Los Angeles, entitled “Beverly Hills I)etnchment No. 7”

is as set forth be1ow

N0t1, THEREFORE, BE IT RF1SOLVED as follows:

1. The negotiated exchange of property Lax revenuns bctuen th

City of Los Angeles and the Cily of Beverly hills rusultinc; from thc’

annexation of unincorporaled territory to the CiLy in the Etnuxation

en Li tied Beverly III 11s Dot achmn t No. 7” is approved arid acccpt.d;

2.. For fiscal years conun’ncilig on and after July ), 19130, no

transfer of property lax revenues from the City of Beverly hills to

the City of Los Angeles shall be made _ac’ll.ojtJannexn1ion.-,

Ccu:t cf Ii City c Lar.: r.9 .ZId

L’, Cr Cr

.kc

RESOLUTION NO. BC-R— 6167This ISflTIEO TO BE A TIII

RESOLUTION OF THE COUNCIL OF THE CITY OT.. AND CO\11\PY OF THE OI

BEVERLY HILLS APPROVING AND ACCEPTINGD\H Oh ICE

NEGOTIATIONS THAT THERE WILL BE NOEXCHANGE OF PROPERTY TAX REVENUES RESULTINF’.FROM THE DETACHMENT OF TERRITORY TO THE Clii CLERK

CITY OF LOS ANGELES -— DETACHMENT NO.7’

WHEREAS, pursuant to Section 99 of the Revenue and

Taxation Code, prior to the effective date of any jurisdictional

change the governing bodies of all agencies whose service areas

or service responsibilities would be altered by such change

must determine the amount of property tax revenues to be

exchanged between the affected agencies and approve and accept

the negotiated exchange of property tax revenues by resolution;

and

WHEREAS, the City Council of the City of Beverly Hills

and the City Council of the City of Los Angeles have determined

that the amount of property tax revenues to be exchanged be—

tween their respective agencies as a result of the annexation

of territory to the City of Los Angeles, entitled Detachment

No. 7’ is as set forth below, and

WHEREAS, since brush fire protection is the only

service now rendered to the undeveloped parcel, and because

no recent fires have occurred on that site, no money has

been spent on the property and thus there is no need to trans

fer any tax money.

NOW, THEREFORE, the Council of the City of Beverly

Hills does hereby resolve as follows:

Section 1. The negotiated exchange of property tax

revenues between the City of Los Angeles and the City of

Beverly Hills resulting from the annexation of territory to

the city of Los Angeles in the annexation entitled “Detach

ment No. 7” is approved and accepted.

Section 2. for fiscal years commencing on and

after July 1, 1980, no transfer of property tax revenues from

the City of Beverly Hills to the City of Los Angeles shall be

made as a result of this annexation.

Section 3. The Clerk of the City of Beverly Hills

is hereby directed to file a certified copy of this resolution,

together with the necessary documents and processing fees,

with the Executive Officer of the Local Agency Formation

Commission, Room 383, Hall of Administration, 500 West Temple

Street, Los Angeles, California 900l, and to Jim Williams,

Room 255 City Hall, 200 North Spring Street, Los Angeles 90012.

Section 4. The City Clerk shall certify to the

adoption of this resolution and shall cause this resolution

and her certification to be entered in the Book of Resolutions

of the Council of this City.

Adopted April 2Z, 1930

‘yor of the Ciff 0;

Beverly Hills, California

Approved as o content:

SEAL) City

Planning Director 6

ATTEST:

Approved as to form:Attorney

Sr. Asst. City Attorney

2

BEVERLY HILLS DETACHMENT #7

Affected Cities: Beverly HillsLos Angeles

Subject AresLegal Description

That portion of Lot 98 of Tract No. 21360, in the City of Beverly

Hills, as per map recorded in Book 587 ?ages 59 to 63 inclusive of

Maps, in the office of the County Recorder of caid County, lying

Southeasterly of a line parallel to and 50 feet Northwesterly

aeasured at a right angle from the Southeasterly line of said

Lot 93, said Southeasterly line having a hearing of North !,541’

23” fast.

Excepting Therefrom that portion cf said Lot lying Westerly of the

following described line:

Beginning at a poinU ifl the Northerly line of said Lot 98, said

point being distant South 69 05 0’ East Thereon 169.20 feet from

the Northwest corner thereof; thence South 9d02 52” East 276.9

feet to a point in the Southeasterly line of said Lot 93, said

point being dis;an SouTh 4541’ 23” West thereon 200 feet from

the angle point in the Southeasterly line of said Lot 98.

S&VE

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EXHIBIT 13

SCALE I” 20’ SHEET I OF 2 SHEETS

lIED

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62— 47::)f3 “ 3”

BONG A SUBDIVISION OF A PORTION OF LOT I, TRACT N0 9908, PER MAPRECORDED IN BOO( l, PAGES 35 AND 36 AND A PORTION OF LOT 98, TRACT ND21360, PER MAP RECORDED IN BOOK 587, PAGES 59 TO 63 INCLUSIVE, BOTH OF ‘

MAPS, RECORDS OF LOS ANGELES COUNTY.

‘CE I

SURVEYOR’S CERTIFICATE

r ‘to rEEA 6,( 14’. t iEZ M( O1OU

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STATE OF CALIFORNIAPOR SUBDIVISION PURPOSES

OWNER CERTIFICATE‘1116 UOoEOf( C66’tIFt 11461 ‘316 5z r,L6 0’, OF Or irEIUTSE6V.TEE’ 414 1E’E LAND 4148144060 SIIT,4IE4 T,lE liIS,os.j

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CORNER RECORD ‘kintu?‘VFB 1515 PAGE 115

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CORNER TYPECOORDINATES

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Govt. Corner D N.

________________________

D Meander LProperty E.

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I D Rancho D Other Zone

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Datum

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Date of Survey: c1D — Elev.

____________________________

Corner — D J,eft as Found D Found & Tagged D EstablishedLrReestablished D Rebuilt

IdentifIcation & Type of Cornet Found: Evidence used to identify or procedure used to establish or reestablish the corner./ /

.—..--

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Surveyor’s Statement

County Surveyor’s Statement

This Corner Record was Received SEP 0 5 1995jg and Examined and Filed SEP 1 4 195

Signed:

Title: DEPUTY COUNTY SURVEYOR

County Surveyor’s Comment:

City of County of Los Angeles, California

Brief Legal Description:

A Description of the Physical Condition of the Monument as Found and as Set or Reset:

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EXHIBIT 14

BHMC

10-3-2603: CONSTRUCTION RESTRICTED TO LEVEL PAD:

No portion of any building or structure in Trousdale Estates shall extend

beyond the level pad, except fences and hedges as permitted by section10-3-2616 of this chapter which are “open to public view’ as defined inarticle 1 of this chapter.

A. Exceptions: The following exceptions shall apply to the provisions

of this section:

1. This section shall not be applied to any undeveloped site which does

not have a level pad and is not subject to a valid subdivision or parcelmap that shows construction of a level pad.

2. Construction may extend beyond the level pad for any city project.

3. Portions of structures which extend beyond the level pad and which werelegally constructed prior to October 15, 1987, may be rebuilt or remodeled.However, no addition to such structures shall be permitted in any areaother than the level pad. Nor shall any increase in the height or change infootprint of such structures be permitted in any area other than the levelpad. (Ord. 92-0-2147, elf. 9-4-1992; amd. Ord. 95-0-2239, eff. 7-7-1 995)

EXHIBIT 15

There is no evidence that the proposed addition will affect the

utility or value of neighboring properties or the general welfare

of the neighborhood.

Section 5. Based upon the foregoing, the Planning

Commission hereby approves the proposed project subject to the

o11owing conditions:

1.. The project shall be constructed in substantial

compliance with the plans submitted by Applicant and on file with

the city.

2. The proposed addition shall not exceed twenty-one

(21) feet in height.

3. The existing landscaping, as shown on the plans on

file with the City, shall be maintained and shall not be removed.

4. Construction related parking shall confor to a

construction parking and hauling plan approved by the Director of

Transportation.

5. Heavy vehicle hauling shall be prohibited between the

hours of 4:00 p.m. and 10:00 am. and shall conform to a

construction parking and hauling plan approved by the Director of

Transportation.

—4—

7. A cash deposit of $2,500 shall be deposited with the

City to ensure compliance with the conditions of this resolution

regarding construction activities, Such deposit shall be returned

to Applicant in the event that no more than two violations of such

conditions or the Eeverly Kills Municipal Code occur.. In the event

that three or more such violations occur, the city may: (a) retain

the deposit to cover costs of enforcement; (b) notify the Applicant

that the Applicant may request a hearing before the City within ten

days of the notice; and fe) issue a stop work notice until such

time that an additional deposit of $5,000 is deposited with the

City to cover the costs associated with subsequent violations.

Work shall not resume for a minimum of two days after the day that

the additional deposit is received by the City. If the Applicant

timely requests a hearing, said deposit will not be forfeited until

after such time that the Applicant has been provided an opportunity

to appear and offer evidence to the City, and the City determines

that substantial evidence sapporte forfeiture. Any subsequent

violation will trigger forfeiture of the additional deposit, the

issuance of a stop work notice, and the deposit of an additional

$5,000, pursuant to the procedure set forth hereinabove. All

amounts deposited with the City shall be deposited in an interest

bearing account. Applicant shall be reimbursed all interest

accruing on monies deposited

8. A certificate of compliance application shall be

subidttcd to the Department of Planning and Community Development

—5—ó4Ow

by the Applicant prior to the issuance of building permits.

Section 6. The Secretary of the Planning Commission

shall certify to the passage, approval, and adoption of this

resolution, and shall cause this resolution and his certification

to be entered in the Book of Resolutions of the Planning Commission

of the City.

Paul SelwynChairman of the PlanningCommission for the City ofBeverly Hills

A1PEST:

Secretary

Approved a to form:

________

‘Laurence S. WienerAssistant City Attorney

Adopted: April 26, 1993

Approved as to content:

1e1uth Nadel 4-Director of Planning &Community Development

4/23/92

S4O1w—6—

EXHIBIT 16

I

TILEM & GOLE,%%.4,,- ./ y

%- _9

JOSFPH N TEM (9//;J 97999/9GARY M GOCE

April 28, 1993

Planning DepartmentCity of Beverly Hills4S5 North Rexford DriveBeverly Hills, California 90210

Attention: Daniel Gleiberman

RE: 1151 Hillcrest Road — Certificate of Compliance

Dear Daniel:

Please consider this letter a request for the issuance by theCity of a Certificate of Compliance. This condition is containedin the Planning Commission Resolution with respect to the permitfor an addition to the single family residence at 1151 HillcrestRoad, Beverly Hills.

The property was divided by a previous owner in 1952. Theprovisions of the Government Code provide that property owners havea right to request a Certificate of Compliance if the parcel wascreated before March 4, 1972, and if the creation did not violateany local ordinances at the time. This parcel, having been createdin 1952 and before the property was annexed to the City of BeverlyHills did not violate any Beverly Hills ordinances and therefore isentitled to the Certificate of Compliance.

Please contact this office if any further information isrequired to issue the requested Certificate.

Very truly yours,

/JNT/ cam

cc: Mr. & Mrs. Larry Gersflman

EXHIBIT 17

AhI This page is part of your document - DO NOT DISCARD A

20080489089 Pages:

IhI 11111 II IIh IM tI III II Ill Ill hf 111111Recorded/Filed in Official Records Fee 29 00Recordets Off1ce Los Angeles County,

California Tax: 336.00

03121108 AT 08:OOAM

Title Company

TITLE(S) DEED

ON h I Illll fl ll Null A

LEAD SHEET

Assessor’s Identification Number (MN)To be completed by Examiner OR Title Company in black ink. Number of AIN’s Shown

A. THIS FORM IS NOT TO BE DUPLICATED A

EMCOLA’RESALERECORDtNG REQUESTED 8Y:

Camden Escrow 03121108

Order No. 9O1 z 1Escrow No, 5521-MD 11th 1 8 1 0

Parcel No. 4391-028-020, 4391-028-012, 200804890894391-028-008

AND WHEN RECORDED MAtLTO:

VANCE OWEN9304 WARBLER WAYLOS ANGELES, CA 90069

SPACE AUU’IE 11415 IJNE FOR RECORDER’S USE

CORPORATION GRANT DEED

ThE UNDERSIGNED GRANTOR(S) DECLARE(S) THAT DOCUMENTARY TRANSFER TAX IS 56.UO asd CITY 5270.00

X computed oh full value of property conveyed, or

computed on full valuc less liens or encumbrances remaining at the time otsale

J unincorporated area; X Las Angeles, and

FOR A VALUABLE CONSIDERATION, receipt oIwhtch is hereby acknowledged,

Trousdale Construction Co., a California Corporation, , ‘texas Construction Company, a Delaware Corporation, in

equal undivided interests

organized under the laws of the State of California

hereby GRANT(S) to t’ance Owen, a single man

(f’\ the following described real property in We Couniy of Los Angeles, State of California.

legal dcscriptinn per attached Exhibit “A” which is made a part hereof.

The purpose of this conveyance is to conclude the business of the sellers, as defunct corporations, with regard to the

subject properties.

THIS DEED IS BEING EXECUTED IN COUNTERPARTS.

Dated Februaty 22, 2008

Trousdale Construction Co. a California Corporation

By; Adnenne Trousdale, President

Texas Construction Company, a Delaware

Cotion

By: Gene W. eweu, resident

SIGNATURES MUS’f BE NOTARIZED

Ma1 T Si mrna to SAME AS ABOVE or AUdres Notod Orluw

3RECORDING REQUESTED LIV:

Camden EscrowOrder No. 93053031Escrow No. 5521-MDParcel No, 4391-028-020, 4391-028-012,4391-028-008

AND WHEN RECORDED MAILTO:

VANCE OWEN9304 WARBLER WAYLOS ANGELES, CA 90069

SPACE AUOVL 1 IllS tINE LOS RECOROLS’S USE

CORPORATION GRANT DEED

THE UNDERSIGNED GRANTOR(S) DECLARE(S)THAT DOCUMENTARY TRANSFER TAX IS 1 and ClThX computed on full value of property conveyed, orLI computed on full value less liens or encumbrances remaining at the time of sale.

LI unincorporated area: X Los Angclcs, and

FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,Trousdale Construction Co a Califlirnin Corporation, Tcxas Construction Company, a Dehiwair Corporation, inequal undivided interests

organized under the laws of the Stale of California

hereby GRANT(S) to Vance Owen, a single man

the following described real property in the County of Los Angeles. State of California

Legal description per attached Exhibit ‘A” which is made a part hereof,

The purpose of this conveyance is to conclude the business of the sellers, as defunct corporations, with regard to thesubject properties.

TiltS DEED IS BEING EXECU’IED IN COUNTERPARt’S.

Dated Febniaiy 22, 2008

usd e Construction., a California rporati

%øy: Adrienne Tr’da c, President

Texas Construction Company, a DelawareCorporation

0

________________________

By: Gene W, hewett, President

0

SIGNATURES MUST BE NO’fAZED

Mnt Ta Siaiemnts in SAME AS Atti)VF nr Md N:ncd ttto

q

000

C

00

00

ACKNOWLEDGEMENT

State ofø ft5,’ri Texas

County of Dallas

On 3/13/08 before me, Barbara Hardwick, Notary Public,

(here insert name and tWe ot the officer)

personally appeared Gene W. Hewett

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.

Texas

I certify under PENALTY OF PERJURY under the laws of the State of f2LlfátcAié that

the foregoing paragraph is true and correct. ... ..

/‘•.,\ BARBARAHAPOwIcKNotarV PuOiC

WITNESS my hand and official seal. STATE OF TEXAS

Th -,rnsscn EpI,e! I

Signature ,d€%itEJ

(Seal)

0

0

0

1.:)

NOTARY INFORMAflON FORMPlease complete this form and return with document

Notary Name: Barbara Hardwick

Address: 4144 North Central Expressway, Suite 900 — Dallas, Texas 75204

PH# 216-647—2200 Commission Expiration Date: 11/30/08

Commission ft___________________________________________ State: Texas

Date of signature: 3/13/08 Date of Document: 2/22/08

Typeofdocument Corporation Grant Deed

Name of signer(s): Gene W. Hewett

Signature of Notary: S€€t4J

3/13/08 (Stamp)Date:_____________________________ -•‘ •‘c• BARBAHAHAROWICK*5521-MD \e/ on Epg

Escrow#_______________________________________

Vacant land 3 Parcels, Los Angeles, CA 90069Property address:

UI;’)

C)

tOC)

i)

6AiJi 1FH]c2/-A4I)

ACKNOWLEDGEMENT

State of Ca)iforniaCounty of L.,f%7 ih@_

2Th before me &fltZWLDp12. hrivy Pt6It,,(heretoert namnd le of-the officer)

personally appeared _L2dtfl’/%e] / -‘-

who proved to me on the basis of satislactory evidence to be the persoieWhose

nameL2e subscribed to the within instrument and acknowledged to me that

,J%TEexecuted the same ir3teiauthorized capacity(1e) and that by

h.thir signature-trn the instrument the person&) or the entity upon behalf of

which the person(e)-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.

Signature

(Seal)

Comminion 0 1744399I Nolory Public CoUtorn)G

lanto Sarbo!o County -

C)

CD

U)C)

U)

1NOTARY INFORMATION FORM

Please complete this form and return with document

Nota Name: M4/

Address:J41 Rd £ (A t91PH# 2%_S 7i2b Commission Expiration Date: /3 2z2”

Commission# 4 State:_____________________

Date of signature: ? Date ol Document: - -

Typeoldocument: C1ióName of signer(s). //Ai?

Signature of Nota:_________________________________________

Date:_____________________ (Stamp)

Escrow#________________________________________

Property address:__________________________________________________

EXH;B;f “A”

LEGAL. DESCRIPTION

Real property in the City of Beverly Hills, County of Los Angeles, State of California, described asfollows:

PARCEL NO. 1

LOT 98 TRACT 21360, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587, PAGES 59 TO 63 INCLUSIVE OF MAPS, INTHE OFFICE OF THE COUf’fl’Y RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED FROM TROUSDALECONSTRUCtION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO IC GARRETT, A MARRIED MAN, RECORDED MARCH 11, 1958 INSTRUMENTNO. 1867 BOOK D39 PAGE 645 AND IN DEED FROM TEXAS CONSTRUCtION COMPANY, ACORPORATION AND TROUSDALE CONSTRUCtION COMPANY, RECORDED DECEMBER 21, 1962INSTRUMENT NO. 3678 BOTH OF OFFICIAL RECORDS, IN THE OFFICE OF THE LOS ANGELESCOUNTY RECORDER, STATE OF CALIFORNIA.

PARCEL NO. 2

LOT 99 TRACT 21360, IN THE CiTY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587, PAGES 59 TO 63 INCLUSIVE OF MAPS, INThE OFFICE OF ThE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRIBED IN DEED FROM TROUSDALECONSTRUCTION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO GEORGE STEVENS, AN UNMARRIED MAN, RECORDED SEPTEMBER 3, 1959INSTRUMENT NO. 2239 OF OFFICIAL RECORDS, IN THE OFFICE OF ThE LOS ANGELES COUNTYRECORDER, STATE OF CALIFORNIA.

PARCEL NO. 3

LOT 100 TRACT 21360, IN THE CITY OF BEVERLY HILLS, COUNTY OF LOS ANGELES, STATE OFCALIFORNIA, AS PER MAP RECORDED IN BOOK 587, PAGES 59 TO 63 INCLUSIVE OF MAPS, INTHE OFFICE OF ThE COUNTY RECORDER OF SAID COUNTY.

EXCEPTING THEREFROM THAT PORTION AS DESCRtBED IN DEED FROM TROUSDALECONSTRUCTION COMPANY, A CORPORATION AND TEXAS CONSTRUCTION COMPANY, ACORPORATION TO IRVING HAFER, A MARRIED MAN, RECORDED AUGUST 7, 19S6 INSTRUMENTNO, 2170 BOOK 51957 PAGE 35 OF OFFICIAL RECORDS, IN THE OFFICE OF ThE LOS ANGELESCOUNTY RECORDER, STATE OF CALIFORNIA.

APN: 4391-028-020 and 4391-028-012 and 4391-028-008

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