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Proposed Mall Greenbelt Boundary Map

The re-write of the 2012 CC&Rs includes language changing the “common area” in Tract #4472 from essentially all area outside the footprint of the 44 homes in the Mall, to a much smaller area – re-designated as the “Greenbelt Easement Area”. To precisely define this area, a Boundary Survey was completed using a recent topographical map and then overlayed with point information utilizing geomatic engineering. The area inside the easement is privately owned by the adjacent homeowners but is designated for the use of all Monarch Bay residents and will be maintained by the Association (or the homeowner with the Association’s approval).  The area outside of the easement is private and will be maintained by the adjacent homeowner.

In the March 2024 Board Meeting, it was explained that the perimeter of the map in the lower-Mall Greenbelt is roughly taken from the top-of-slope (ocean-side) to the top-of-slope (inland-side) and inclusive of a 1-foot buffer zone on either side of the access stairs up/into & down/into the Greenbelt. In the upper-Mall area, additional elements were used to define the perimeter, including slope lines, existing hardscape, and existing roof overhang edges. For practical purposes, this is the area (both upper and lower Greenbelt) surrounding the walking paths, that our landscape contractor currently maintains.

It is acknowledged that a handful of homeowners do maintain some of the area within their property lines that overlaps with the easement area. This practice may continue, and within the guidelines of the ACC (and with Landscape Committee concurrence) an allowance may be obtained to do similar.

In addition to the area defined in the map, the maintenance easement includes all area highway-side of the Pacific Coast Highway block wall. This pertains to all homes north & south of Crown Valley Parkway.

We invite comments to this draft Boundary Map and expect a final version to be included with the CC&Rs as an Exhibit, circulated, presented at a Town Hall meeting and ultimately voted upon.  The map may be found in Library/Documents tab.