HomeMy WebLinkAboutA3561B - EL SONORA JASMINE CCR TM26333 PD209 0 a 240006
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City of Palm Springs Q
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P.O. Box 2743 = a
JUL 2 51995 C) E
Palm Springs, CA 92263 = z
HOLD HARMLESS AGREEMENT Rkaauin MUM Hn .. N =
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July 5, 1995 ( ��j/�J/ Rewrder o
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Section 19, Tract 26333, County of Riverside, California a M M
Assessors Parcel Number 680-550-001 s M z
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The El Sonora Associates, a California Limited Partnership, owner, agrees to indemnify, defenc N N WW '
and hold the City of Palm Springs and its agents and employees harmless from any and a
liability, claims, damages, or injuries to any person, or property which arise from or are --
connected with the encroachment of golf balls into Lots I through 26 of Tract Map 26333 (as
referenced on exhibit A), and further agrees to hold the City harmless from damage that may
occur from the referenced encroachments.
It is also understood that if at a later date this property or any portion thereof should change
= ownership, this agreement also applies to each and every subsequent owner of said property as
L„ long as the golf course abutting the subject tract map exists and El Sonora Associates is relieved
B e of any and all�esponsibility-the>eafter. This agreement is made for the benefit of the property and
n c shall ti wit i the 1 d
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w B BY: Dan B. Starkey °Date'
8 El Sonora Associates,
P= a California Limited Partnership
6 STATE OF CALIFORNIA )
Knee
SS.
COUNTY OF RIVERSIDE )
On I 7 before me Michelle M. Crook
,- personally
appeared Dan B. Starkey-------------------- personally known to me (or proved to me
on the basis of satisfactory evidence) to be the person whose name is subscribed to the within
instrument and acknowledged to me that he executed the same in his authorized capacity, and that
by his signature on the instrument the entity upon behalf of which the person acted, executed the
instrument.
WITNESS my hand and official seal. caook
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RECORDING REQUESTED BY:
Recording Requested By HECElVEU Fop RECORD
CHIC-AGO TITLE COMPANY AT2:00 O'CLOCK
AND WHEN RECORDED MAIL TO:
'JUL 2 51995
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PALM SFAINZS,GA=2Q,,
E1 Sonora Assoc (Jasmine Homes)
TM 26333/PD209 CC&Rs
AGREEMENT 3561-A
--- - -
CM signed per R18151
7-18-95
DECLARATION OF COVENANTS,
CONDITIONS, RESTRICTIONS AND EASEMENTS
p p FOR
as
U a JASMINE HOMES
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d m
a " A Planned Residential Development
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[CCR.PDS: 01/11/951
[This Set: 03/20/95]
•
240ow
TABLE OF CONTENTS
ARTICLE DESCRIPTION PAGE
DECLARATION AND RECITALS R-1
I DEFINITIONS I-1
II PROPERTY RIGHTS IN COMMON AREAS II-1
2.01 Common Areas and Purposes II-1
2.02 Easements of Enjoyment II-1
2.03 Title to the Common Areas II-1
2.04 Delegation of Use II-1
III GENERAL RESTRICTIONS III-1
3.01 Single Family Residential Use III-1
3.02 Business or Commercial Activity III-1
3.03 Rights Reserved by Declarant III-1
3.04 Temporary Structures III-1
3.05 Signs III-2
3.06 Debris, Trash and Refuse III-2
3.07 Exterior Clothes Lines III-2
3.08 Nuisance III-2
3.09 Owner's Maintenance and Repair Obligations III-3
3.10 Restrictions on Exploration and
Removal of Minerals III-3
3.11 Indemnity by Owner of the Association III-3
3.12 Exterior Apparatus Regulations III-3
3.13 Window Covers III-3
3.14 Leasing III-3
3.15 California Vehicle Code
and Parking Regulations III-4
3.16 Animal Limitations III-4
3.17 Common Fences III-5
i
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240007
ARTICLE DESCRIPTION PAGE
IV HOMEOWNERS' ASSOCIATION IV-1
4.01 Organization IV-1
4.02 Membership IV-1
4.03 Transfer of Membership IV-1
4.04 Joint Owner Disputes IV-1
4.05 Membership Classes and Voting Rights IV-1
4.06 Voting Requirements IV-2
V DUTIES AND POWERS OF THE ASSOCIATION V-1
5.01 Duties and Powers of the Association V-1
5.02 Maintenance Responsibilities V-1
5.03 Wood-Destroying Pests V-2
5.04 Insurance V-2
5.05 Right of Entry V-5
5.06 Budget, Financial Statements and
Governing Documents V-5
5.07 Association Performance
of an Owner's Obligation V-8
5.08 Penalties for Non-Compliance V-9
5.09 Powers and Limitations V-10
5.10 Utility Easements V-11
5.11 Commencement of the Association's
Management Responsibility V-11
VI COVENANT FOR ASSESSMENT VI-1
6.01 Assessments VI-1
6.02 Commencement; Due Dates of Assessments VI-1
6.03 Assessment Rate VI-1
6.04 Assessment Duties of the Board of Directors VIA
6.05 Effect of Nonpayment of Assessments:
Delinquency and Remedies
of the Association VI-2
6.06 Nonuse and Abandonment VI-3
6.07 Waiver of Exemptions VI-3
ii
24000
ARTICLE DESCRIPTION PAGE
VII ARCHITECTUR',AL COMMITTEE AND
ARCHITECTURAL CONTROL VII-1
7.01 Approval by Architectural Committee VII-1
7.02 Conunittee Approval for Construction VII-1
7.03 Enforcement by Owners VII-2
7.04 Architectural Committee VII-2
7.05 Certain Procedures for the
Architectural Committee VII-3
7.06 Review Standards VII-3
7.07 Rules and Regulations VII-4
7.08 No Waiver VII-4
7.09 Completion VII-4
7.10 Variance VII-4
7.11 Appeal VII-4
VIII ESTABLISHMENT AND RESERVATION
OF EASEMENTS VIII-1
8.01 Establishment of Utility and Drainage
Easements VIII-1
8.02 Reservation of Utility and Drainage
Easements VIII-1
8.03 Reservation of Easements for
Declarant's Use VIII-1
8.04 Encroachment Easements VIII-1
8.05 Drainage System VIII-2
8.06 Transferability of Reserved Easements VIII-2
8.07 Encroachment Easements VIII-2
8.08 Easements for Maintenance of the
Common Area(s) VIII-3
8.09 Easements over Sidewalks VIII-3
8.10 Utility Easements Granted by the Association VIII-3
8.11 Establishment of Zero Lot Line Easements VIII-3
8.12 Use and Maintenance of Easement Areas VIII-3
8.13 Indennrification by Dominant Tenement Owner VIII-3
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240007
ARTICLE DESCRIPTION PAGE
IX MORTGAGEE PROTECTION IX-1
9.01 Subordination of Lien and Foreclosure IX-1
9.02 Mortgagees Are Not Required
to Cure Certain Breaches IX-1
9.03 Effect of Breach of Declaration IX-2
9.04 Exemption from Right of First Refusal IX-2
9.05 Restrictions on Certain Changes IX-2
9.06 Inspection of Association
Books and Records IX-4
9.07 Condermiation Awards
and Insurance Proceeds IX-4
9.08 Mortgagee's Right to Attend Meetings IX-5
9.09 Payments by Mortgagees IX-5
9.10 Loss Payable Endorsement IX-5
9.11 Notices to Mortgagees IX-5
9.12 Govermne.atal Financing Programs IX-6
X DAMAGE AND DESTRUCTION
TO IMPROVEMENTS X-1
10.01 Alternatives in the Event of Damage and
Destruction to
Common Area Improvements X-1
10.02 Method of Paying Reconstruction
Assessments for Reconstruction
of the Improvements X-1
10.03 Damage to Dwellings X-2
10.04 Arbitration X-2
XI EMINENT DOMAIN XI-1
Condemnation XI-1
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• i 240007
ARTICLE DESCRIPTION PAGE
XII GENERAL PROVISIONS XII-1
12.01 Duration XII-1
12.02 Amendment XII-1
12.03 Enforcement: Resolution of Disputes XII-2
12.04 Enforcement: Binding and Non-Binding Arbitration XII-4
12.05 Notification of Declarant by Association of Defects
and Resolution of Disputes with Declarant XII-4
12.06 Notices XII-5
12.07 Partial Invalidity XII-6
12.08 Number XII-6
12.09 Attorneys' Fees XII-6
XIII PROVISIONS BENEFITTING THE CITY XIII-1
13.01 Compliance With Law XIII-1
13.02 Maintenance XIII-1
13.03 Enforcement By the City XIII-2
13.04 No City Liability XIII-2
13.05 Amendments XIII-3
13.06 Covenants Running With the Land XIII-3
13.07 Agreement Between Declarant and City XIII-3
13.08 Notices XIII-3
EXECUTION PAGE
SUBORDINATION BY LIENHOLDIER
EXHIBIT A - PROPERTY
EXHIBIT B - COMMON AREA LOT(S)
EXHIBIT C - CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5 and 1366
EXHIBIT D - EASEMENTS
EXHIBIT E - PUBLIC PARCEL
v
24000'7
DECLARATION OF COVENANTS, CONDITIONS
RESTRICTIONS AND EASEMENTS FOR
JASMINE HOMES
A Planned Residential Development
THIS DECLARATION is dated this /dry day of ,Lu� 19�J�
(for reference purposes) by EL SONORA ASSOCIATES ("Declar�t"), and the City of
Palm Springs, a municipal corporation ("City").
RECITALS :
A. Declarant is the owner of the real property ("Property") in the City of Palm Springs
County of Riverside, State of California, described in attached Exhibit "A".
B. Declarant intends to develop the Property into a residential planned development
under the provisions of California Civil Code Section 1350, et sea.
C. Declarant intends by this document to impose upon the Property mutually beneficial
restrictions under a general plan of improvement for the benefit of all the Lots and the
Owners.
D. The City has fee or easement interests in various streets, sidewalks and other property
within the City and the City is responsible for the planning and development of land
within the City in such a manner as to provide for the health, safety and welfare of
the residents of the City. That portion of the City's interest in real property most
directly affected by this Declaration is depicted on Exhibit "E", attached hereto and
incorporated herein by reference ("Public Parcel").
E. Declarant and the City intend that, in exchange for the granting of approval of the
Final Tract Map for recordation by the City ("Governmental Approval"), the
Declarant hold, sell and convey the property subject to the covenants, conditions,
restrictions and reservations set forth in this Declaration and that the City shall have
the right and power to enforce the covenants, conditions, restrictions and reservations
to the extent provided herein.
R-1
24000'7
NOW, THEREFORE, Declarant hereby declares that all of the Property shall be
held, conveyed, Mortgaged, encumbered, leased, rented, used, occupied, sold, and
improved, subject to the following declarations, limitations, covenants, conditions,
restrictions, liens, charges and easements, all of which are for the purpose of enhancing and
protecting the value and attractiveness of the Property, and every part thereof, in accordance
with the plan for the improvement of the Property. All of the limitations, covenants,
conditions, restrictions, and easements shall constitute equitable servitudes in accordance
with Civil Code Section 1354 and shall be binding upon Declarant and its successors and
assignees, and all parties having or acquiring any right, title or interest in or to any part of
the Property.
R-2
ARTICLE I 240007
DEFINITIONS
The following definitions apply unless otherwise required by the context:
"Alternative Dispute Resolution" ("ADR") - Non judicial (non-court) procedure to resolve
disputes. Such procedures include Mediation, Binding Arbitration and Non-binding
Arbitration. All three types of procedures (set forth below) are conducted by a neutral third
party, such as an arbitrator or a retired judge.
(a) "Mediation" is an informal settlement procedure aided by a neutral third party.
(b) 'Binding Arbitration" is a formal non judicial procedure wherein the parties have
agreed that any decision or award rendered by the arbitrator may be entered as an
enforceable judgment by any party in a court having jurisdiction. The decision or
award rendered in Binding Arbiti ration is final.
(c) "Non-binding Arbitration" is a formal non judicial procedure wherein the matter can
be heard and decided anew by a court of law having jurisdiction.
"Approval" - Prior written approval.
"Architectural Committee" - The committee created pursuant to the provisions of this
Declaration.
"Articles" - The Articles of Incorporation of the Association, including any amendments.
"Association" - The California nonprofit mutual benefit corporation formed (or to be
formed) to govern the Project, its successors and assignees, including its agents, the Board or
any committee as applicable.
"Assessments" - All types of Association charges and Assessments levied against the
Owners.
"Beneficiary" - The lender on the security of a Promissory Note and Deed of Trust.
"Board" or 'Board of Directors" - The Board of Directors of the Association.
"Bylaws" - The Bylaws of the Association, including any amendments.
"Code Section" - Any reference to "Code Section" (e.g "Civil Code", "Vehicle Code")
refers to Codes as set forth by the State of California. Reference to any specific Code
Section shall include any future successor sections.
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• • 240007
"Common Area(s)" and "Common Facilities" - All real property owned and maintained
by the Association for the common use and enjoyment of the Owners. The Common Area(s)
to be owned by the Association at the time of the conveyance to a third-party purchaser of
the first residential Lot within the Property is described in Exhibit "B".
"Common Expenses" - The actual and estimated expenses of the Association in performing
its duties as set forth in the Governing Documents.
"Declarant" - The person(s) or entity identified in the introductory paragraph of this
Declaration; also, Declarant's successors and assignees, if specifically granted such authority
by official instrument recorded in the Office of the County Recorder.
"Declaration" - This instrument and .any amendments.
"Deed of Trust" - A three party security instrument conveying title to land as security for
the repayment of a loan. Also called "Trust Deed". Reference to Deed of Trust includes a
mortgage.
"DRE" - The California Department of Real Estate and any successors thereto.
"FHA" - The Federal Housing Administration of the United States Department of Housing
and Urban Development and any department or agency of the United States government
which succeeds to the FHA's function of insuring notes secured by Mortgages on residential
real estate.
"FHLMC" - The Federal Home Loan Mortgage Corporation created by Title II of the
Emergency Home Finance Act of 1970, and any successors to such corporation.
"FNMA" - The Federal National Mortgage Association, a government-sponsored private
corporation established pursuant to Title VIII of the Housing and Urban Development Act of
1968, and any successors to such corporation.
"GNMA" - The Government National Mortgage Association administered by the United
States Department of Housing and Urban Development, and any successors to such
association.
"Governing Documents" - All documents governing the Association and Property,
including this Declaration, the Bylaws, the Articles, and any Rules and Regulations.
"Grant Deed" - A written instrument transferring title to real property.
"Lot" - Any of the Lots in the Property, other than the Common Area(s), as shown on the
Tract Map.
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• 0 24€ 607
"Manager" or "Managing Agent" - The party contractually engaged by the Association or
Declarant and charged with the management of the Common Area(s) and the performance of
other duties of the Association.
"Member" - Any person who is a Member of the Association based upon the provisions of
the Governing Documents.
"Mortgage" - A two party security instrument pledging land as security for the
performance of an obligation. Reference to Mortgage includes the Deed of Trust.
"Mortgagee" - The party entitled to performance by a Mortgagor. Reference to Mortgagee
includes any beneficiary under a Deed of Trust including a Deed of Trust on any portion of
the Property recorded prior to the recording of this Declaration.
"Mortgagor" - The party executing a Mortgage. Reference to Mortgagor includes the
Trustor under the Deed of Trust.
"Notice and a Hearing" - A notice of time and an opportunity for a hearing as provided
for in the Governing Documents.
"Occupant" - An Owner, resident, guest, invitee, tenant, lessee, sublessee, or other person
in possession of a Lot.
"Owners " - The parties holding a fee simple interest in a Lot, or the purchaser(s) of a
Lot under an executory contract of sale. "Owner" does not include any party having an
interest in a Lot merely as security for the performance of an obligation.
"Person" - A person, partnership, corporation, trustee or other legal entity.
"Project" or "Property" - The real property described in Paragraph "A" of the Recitals to
this Declaration, and any improvements constructed upon it at any time.
"Regular Assessments" - Assessments used to meet the Association's normal operating
expenses and to establish necessary reserves.
"Restrictions" - All of the terms, provisions and restrictions set forth in the Governing
Documents.
"Rules and Regulations" - The rules as established and adopted by the Board and/or
Architectural Committee as provided for in this Declaration.
"Special Assessments" - Assessments levied on an as-needed basis to meet expenses of any
extraordinary or capital nature, or imposed against a particular Owner in order to reimburse
the Association for any costs incurred in connection with that Owner's violation of the
Governing Documents, or a monetary penalty imposed by the Association as a disciplinary
measure for failure to comply with the Governing Documents.
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• • 240007
"Trustor" - The borrower from a Trust Deed lender, who deeds real property securing the
loan to a Trustor to be held as security for the loan.
"VA" - The Department of Veterans Affairs of the United States and any department or
agency of the federal government which succeeds to VA's function of issuing guarantees of
notes secured by Mortgages on residential real estate.
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• 1 • 240607
ARTICLE II
PROPERTY RIGHTS IN COMMON AREA(S)
2.01 Common Areas and Purposes.
(a) Use of the Common Area(s) must be consistent with all reasonable provisions and
limitations described in the Governing Documents.
(b) Common Area(s) and related facilities and improvements exist solely for use by the
Lot Owners, their families, tenants, and guests.
(c) Common Area(s) may only be used for purposes approved by the Association and
compatible with usage customarily associated with common areas located within
residential developments in California.
2.02 Easements of Enjoyinent.
Each Lot Owner has a nonexclusive right and easement for use of the Connnon
Area(s) appurtenant to the Lot.
2.03 Title to the Common Areas.
The Common Area(s) must be conveyed to the Association:
(a) Prior to Declarant's first Lot sale to a third-party purchaser; and
(b) Free and clear of all encumbrances and liens, (except nondelinquent real property
taxes and Assessments, covenants, conditions, restrictions, reservations, rights and
rights-of-way then of record).
2.04 Delegation of Use.
(a) Subject to the Governing Documents, a Lot Owner may delegate rights of Common
Area use to family members, tenants, guests, contract purchasers and respective
licensees.
(b) This right of enjoyment may not be sold or dealt with separately from the Lot to
which it is appurtenant.
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240007
ARTICLE III
GENERAL RESTRICTIONS
3.01 Single Family Residential Use.
A Lot may only be used for a single family dwelling.
3.02 Business or Commercial Activity.
(a) A business or commercial activity may not be conducted by Owners on the Property,
but professional and administrative occupations may be carried on within the
residence if there is no external evidence of any such occupation.
(b) Declarant may maintain reasonable construction, sales and leasing operations as
provided herein. An Owner may not use a Lot in any manner that unreasonably
interferes with those operations.
3.03 Rights Reserved by Declarant.
(a) While any Lot remains unsold and for no longer than five (5) years from the sale of
the first Lot, the Declarant may do the following:
(1) Complete excavation, grading and construction of the Property;
(2) Use unsold Lots for construction, real estate sales and leasing; and
(3) Use any Common Area(s) as reasonably needed for ingress, egress,
development, sales and construction.
(b) In exercising any of these rights, the Declarant may not unreasonably interfere with
any Owner's use of the Common Area(s) or Lots.
3.04 Temporary Structures.
A temporary structure is only permitted on a Lot with approval of the Board and if it
is incidental to construction actively in progress.
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• • 240007
3.05 Signs.
(a) The Declarant may erect and maintain any signs, advertising devices or structures to
conduct development, and sale or leasing operations for up to five (5) years from the
date of the sale of the first Lot.
(b) An Owner may advertise a Lot for sale or lease with one (1) standard real estate sign
of reasonable color and display qualities and with a maximum face area of six (6)
square feet.
(c) No other sign or advertising device may be displayed anywhere on the Property
without the prior written consent of the Association.
(d) Sign regulations are subject to California Civil Code Sections 712 and 713, and any
other applicable laws.
3.06 Debris. Trash and Refuse.
(a) Weeds, rubbish, debris, objects or materials that are unsanitary, unsightly, or
offensive are not permitted on the Property.
(b) Rubbish or storage containers, woodpiles, machinery, equipment and other unsightly
objects are prohibited to be visible from other Lots or Common Area(s).
(c) Rubbish containers may be placed temporarily for pick-up (not to exceed twenty-four
(24) hours before and after scheduled trash collection hours, except with Board
approval).
(d) Driveways must be kept clean and free of oil stains.
3.07 Exterior Clothes Lines.
Exterior clothes lines may not be erected and clothes may not be dried outdoors.
3.08 Nuisances.
(a) Illegal, offensive, or obnoxious actions that interfere with an Occupant's quiet
enjoyment, or may impair the structural integrity of any building, are not permitted
on the Property.
(b) Construction work on the property may only be done during daylight hours.
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24000'7
3.09 Owner's Maintenance and Repair Obligations.
(a) Each Owner must maintain the Lot (including improvements) in a neat, sanitary and
attractive condition, and is solely responsible for the cost of repairs and
improvements.
(b) If an Owner fails to maintain the Lot as required, the Association may (after giving
notice and a hearing) enter the Lot and perform the necessary maintenance at the
Owner's cost.
3.10 Restrictions on Exploration and Removal of Minerals.
The surface area of the Property and to a depth of five hundred (500) feet below the
surface may not be used for the exploration or removal of water, oil, natural gas,
minerals, hydrocarbons, gravel or any earth substance.
3.11 Indemnity by Owner of the Association.
Each Owner shall defend and indemnify and hold the Association harmless without
limitation on any claims arising from the Owner's negligence or willful misconduct
(or the Owner's family members, relatives, guests or invitees) for damages sustained
on the Common Area(s), including any costs incurred.
3.12 Exterior Apparatus Regulations.
Electrical or telephone wiring, air-conditioning units, antennae, satellite dishes (or any
other electronic receiving or broadcasting device), etc., may not protrude through the
exterior walls or roof, unless authorized by the Architectural Committee.
3.13 Window Covers.
Newspaper, aluminum foil or similar materials may not be used as window coverings.
3.14 Leasin¢.
(a) An Owner may not lease or rent for less than a thirty (30) day period.
(b) All lease or rental agreements must be in writing and subject to Governing
Documents.
III-3
24Qoo,
3.15 California Vehicle Code and Parking Regulations:
(a) All applicable provisions of the California Vehicle Code will be enforced on any
private streets on the Property in accordance with California Vehicle Code Section
22658.2 (or any successor statute regarding removal of parked cars and required
warning signs).
(b) The Association (through the Board and its agents) may establish parking Rules and
Regulations.
(c) The Association has the right and obligation to enforce all parking restrictions and to
remove any violating vehicles in accordance with the California Vehicle Code, or
other applicable laws.
(d) The relevant City or County has the right (but not the duty) to enforce parking
restrictions in accordance with the California Vehicle Code and all other applicable
laws.
(e) Parking is permitted in driveways, as long as it does not obstruct free traffic flow,
constitute a nuisance, violate the Rules and Regulations, or otherwise create a safety
hazard.
(f) Only passenger motor vehicles may be parked in the parking areas.
(g) The following vehicles and actions are not permitted unless parked wholly within a
garage with the doors closed or in the backyard:
(1) Buses, trailers, campers, boats, mobile homes, recreational vehicles and the
like, inoperable vehicles, or any vehicle the Association deems a nuisance.
(2) Restoring or repairing vehicles on the Property, or any repair activity the
Association deems a nuisance.
(h) The Association may establish "Parking" and "No Parking" areas within the Common
Area(s), in accordance with California Vehicle Code Section 22658.2 (or successor
statute).
(i) Garage doors, if any, may not be left open, except as temporarily necessary or while
used for entering or exiting.
3.16 Animal Limitations.
(a) A maximum of two (2) ordinary household pets (e.g., domestic dogs and cats) may be
kept in the Lot, provided they are not kept, bred or raised for commercial purposes
and they are kept under reasonable control at all times.
III-4
• • 240007
(b) Any other animals may only be kept on the Property with prior Board approval.
(c) Any animals that unreasonably bother or annoy other Owners may not be kept on the
Property (for example, excessive barking).
(d) Pets are not allowed in the Common Area(s) except as permitted by the Rules of the
Association.
(e) A dog may only enter the Common Area(s) while on a leash which is held by a
person capable of controlling it.
(f) A dog whose barking unreasonably disturbs other Owners will not be permitted to
remain on the Property.
(g) Owners must prevent their pets from soiling the Common Area(s), and are
responsible for any required clean-up.
(h) The Board shall determine whether specific pets are permitted on the Property.
3.17 Common Fences.
(a) An easement exists appurtenant to any Lot for any "Common Fences" (fences on
boundary lines between the Lots and/or Cormnon Area(s)) originally installed by the
Declarant, whether or not the fences are located precisely on the Lot boundary line.
(b) Owners with a Common Fence have an equal right to use the fence, with the
following provisions:
(1) Each Owner has exclusive right to use the interior surface of the fence facing
the Residence;
(2) Owners may not drive nails, screws, bolts or other objects more than half way
through any Connnon Fence;
(3) Owners may not interfere with the adjacent Owner's use and enjoyment of the
Common Fence;
(4) Owners may not threaten or impair the structural integrity of the Common
Fence; and
(5) If any portion of the fence (other than the interior surface of one (1) side) is
damaged by any cause other than the act or negligence of either party, it must
be repaired or rebuilt at the relevant Owners' joint expense.
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ARTICLE IV
HOMEOWNERS' ASSOCIATION
4.01 Organization.
The Association is a California nonprofit mutual benefit corporation charged with the
duties and vested with the powers prescribed by law and set forth in the Restrictions.
4.02 Membership.
Every Lot Owner has an indivisible interest in a single Membership in the
Association.
4.03 Transfer of Membership.
(a) Membership of each Owner shall be appurtenant to the Lot owned, and may only be
(and is automatically) transferred upon conveyance of title to a Lot to the new Owner.
(b) In connection with any transfer or change of ownership of any Lot, the Association
and each Owner must comply with Civil Code Section 1368.
4.04 Joint Owner Disputes.
(a) Each Lot is entitled to one (1) vote.
(b) Each Lot's vote is cast as a single unit, without fraction.
(c) If joint Owners of a Lot cannot agree about how to cast their vote, they forfeit their
right to vote on the matter in question.
(d) If a joint Owner casts a vote representing a certain Lot, it will be presumed for all
purposes to be a vote with the authority and consent of all other joint Owners of the
Lot.
4.05 Membership Classes and Voting Rights.
(a) A Lot Owner has voting rights when the Lot becomes subject to Assessments.
(b) Class A Members - All Lot Owners (other than Declarant). Each Lot is entitled to
one (1) vote.
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(c) Class B Member - The Declarant, entitled to three (3) votes for each Lot owned.
(d) Class B Membership ceases and converts to Class A Membership when either of the
following occurs:
(1) Class A Membership equals Class B Membership (tripled); or
(2) Two (2) years after the sale of the first Lot in the Project.
4.06 Voting Requirements.
(a) If Membership approval of a prescribed majority of the voting power (other than
Declarant) is required, the following rules apply:
(1) If both Class A and Class B Members exist, the required vote is a bare
majority of Class B voting power, and the prescribed majority of Class A
voting power; or
(2) After conversion to all Class A memberships, the required vote is a bare
majority of the total voting power of the Association, and the prescribed
majority of the total voting power of Members other than Declarant.
(b) Unless otherwise specifically required, Membership approval requires the affirmative
vote of a majority of a quorum of each class of Membership (after conversion, Class
A only).
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ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.01 Duties and Powers of the Association.
The Association has all of the powers of a California nonprofit mutual benefit
corporation, generally to act as necessary and proper for the peace, health, comfort,
safety and general welfare of its Members, subject to the limitations set forth in the
Restrictions.
5.02 Maintenance Responsibilities.
The Association shall:
(a) Maintain, and repair in a first-class condition the Common Area(s) and any other real
property acquired by the Association, including all related facilities, improvements
and landscaping. Association responsibility for maintenance and repair does not
extend to damage caused by a willful or negligent act by an Owner, family member,
guest, tenant, or invitee. The cost and responsibility for any and all such repair must
be borne by the person causing the damage, or the relevant Lot Owner.
(b) Pay real and personal property taxes or charges assessed against any part of the
Common Area(s).
(c) Have authority to obtain refuse collection, gardening, janitorial services, water,
sewer, electrical, gas and other utility services for the benefit of the Common
Area(s), to be paid for by Assessments levied and collected for the services.
(d) Have authority to discharge by payment any lien against the Common Area(s),
including any property taxes and Assessments which may become liens, and assess all
costs and fees to the Member(s) responsible for the lien. Such a property tax or
Assessment may be contested or compromised by the Association, provided that it is
paid, or a bond insuring its payment is posted prior to the disposition of any property
to satisfy the payment of taxes.
(e) Have authority to obtain management services (the "Manager") to manage the
Common Area(s) and any other personnel needed to perform the duties and
responsibilities deemed advisable by the Association, with the following conditions:
(1) If there are more than twenty (20) Lots in the Project, the Manager must be
covered by a fidelity bond equal to a three (3) month Assessment of all the
Lots and provides for a ten (10) day written notice to the Association and each
FNMA Mortgage services before the bond is cancelled or modified for any
reason.
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(2) If the Association enters into a professional management contract before the
conversion of Class B to Class A memberships, the contract must include a
right of termination without cause (with an advance notice of thirty (30) days
and without payment of any penalty) that the Association may exercise at any
time after conversion.
(3) Members of the Association are not liable for any omission or improper act of
the Manager.
(f) Have authority to adopt reasonable rules consistent with this Declaration relating to
use of the Common Area(s) and facilities.
(g) Have the power to establish and maintain working capital, reserve and/or contingency
funds in reasonable amounts to be determined by the Board.
5.03 Wood-Destroying Pests.
If maintenance and repair necessitated by wood-destroying pests or organisms is
required by the Association, the procedure must be in compliance with Civil Code
Section 1364.
5.04 Insurance.
(a) It is the Association's duty to obtain and maintain insurance coverage as mandated in
this Section, provided that it is available at a reasonable cost.
(b) Blanket insurance policy premiums are a Common Expense to be included in the
regular Assessments.
(c) The policies shall name as insured the Owners, their Mortgagees, the Association,
and the Declarant (while an Owner of any Lot).
(d) The Board of Directors must maintain the following insurance coverages:
(1) Fire insurance for one hundred percent (100%) of the full replacement value of
all Common Area improvements, without deduction for depreciation or
coinsurance:
(2) Extended coverage that includes vandalism, malicious mischief, and
replacement costs.
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(3) Comprehensive public liability insurance in an amount specified by Civil Code
Section 1365.7 (See Exhibit "C") that covers the Association, Board,
Managing Agent, Owners, Occupants and any other agents or employees
incident to the ownership or use of Common Area(s) against physical injury,
death and property damage arising out of a single occurrence.
(4) If available, an extended coverage endorsement clause known as "Special
Form", and a clause that permits a cash settlement to cover the full value of
improvements in case of destruction and a subsequent decision not to rebuild.
(5) At Board discretion, there may be a deductible of no more than Ten Thousand
Dollars ($10,000.00) or one percent (1%) of the face amount of the policy
(whichever is greater).
(6) Each hazard insurance policy must be written by a carrier who meets FNMA
requirements for a "Best Rating".
(7) Workers' compensation insurance in compliance with all applicable laws.
(8) If the Secretary of Housing and Urban Development identifies the Property as
having special flood hazards:
(A) A "blanket" flood insurance policy must be maintained to the maximum
coverage available under the appropriate National Flood Insurance
Administration program, or 100% of the insurable value of the
facilities, whichever is less; and
(B) The maximum deductible for the policy is FIVE THOUSAND
DOLLARS ($5,000) or one percent (1%) of the policy's face amount,
whichever is less.
(9) A fidelity bond that insures the Association for the estimated maximum amount
(or at least three (3) months aggregate Assessments on all Lots and reserve
funds) that could be affected by the dishonest act of any person who handles
funds for the Owners' benefit. (Mandatory for a Property with more than
twenty (20) Lots, and at the option of the Association for a Property with less
Lots or for a VA approved Project).
(e) Insurance proceeds are payable to the named insureds, except for the Owners'
interests in such proceeds, which are payable to the Association as trustee for their
benefit, as provided for below.
(f) The Association is trustee of the Owners' interest in insurance proceeds paid on any
policy and accordingly has full power to act.
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(g) The Association must immediately give a copy of any insurance policy to the
Declarant.
(h) All insurance policies must require a written thirty (30) day notice of modification or
termination of coverage from the insurer to the Association, Declarant, Owners and
their Mortgagees, and any interested party who requests such a notice.
(i) Fidelity bonds must provide for a ten (10) day written notice of modification or
termination to any insurance trustee, and to each FNMA servicer who has filed a
written request with the carrier :For such notice.
0) The Association is not obligated to provide intra-Lot public liability insurance or any
protection against risks customarily covered under "homeowners" or "broad form
homeowners" policies. Owners may individually insure against such risks.
(k) Any insurance policy the Association deems appropriate.
(1) At least annually, the Board must review the Association's insurance policies.
(in) If economically feasible, prior to each annual review the Board shall obtain a current
appraisal of the full replacement value of Common Area improvements (except for
foundations and footings) without deduction for depreciation.
(n) Association insurance policies shall contain the following provisions, as appropriate:
(1) Statements that the policies are primary and non-contributing;
(2) Statements that an Owner's conduct will not constitute grounds for avoiding
liability;
(3) A waiver of the carrier's right of subrogation against any Owner or family
member, the Association, the Board, the Manager, the Architectural
Committee, the Declarant, and any of their agents or employees;
(4) Inflation Guard Endorsement (if obtainable at a reasonable cost);
(5) Any Insurance Trust Agreement will be recognized;
(6) If a construction code requires changes to undamaged portions of a building
when any part of the building is destroyed by an insured hazard, then a
Construction Code Endorsement, typically including endorsements for
demolition cost, increased cost of construction, and contingent liability from
building operation laws; and
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(7) If the project has central heating or cooling, Steamed Boiler and Machinery
Coverage Endorsement should provide a minimum liability per accident of
$2,000,000, or the insurable value of the building housing the boiler or
machinery, whichever is less.
(8) Standard Mortgagee clause, and name as Mortgagee FNMAE or servicer (if
applicable).
5.05 Right of Entry.
(a) The Association has the right to enter any Lot without breach of the peace to
determine compliance with the Governing Documents and to maintain or repair areas
as required by this Declaration.
(b) In case of emergency, a Lot may be entered immediately. Otherwise, a Lot may only
be entered at reasonable hours after the Owner has received three (3) days notice.
(c) Entry must be made with as little inconvenience as possible to the Owner.
5.06 Budget, Financial Statements and Governing Documents.
(a) Commencing not later than ninety (90) days after the close of escrow of the first
interest in the Project, copies of the documents listed below, as soon as readily
obtainable, shall be delivered by the Declarant to the Board of the Association at the
office of the Association, or at such other place as the Board of the Association shall
prescribe. The obligation to deliver the documents listed below shall apply to any
documents obtained by the Declarant no matter when obtained, provided, however,
such obligation shall terminate upon the earlier of (i) the conveyance of the last Lot
covered by a subdivision public report or (ii) three (3) years after the expiration of the
most recent public report on the Project.
(1) The recorded Subdivision Map or Maps for the Project.
(2) The Deeds and easements executed by the Declarant conveying the Common
Area or other interest to the Association, to the extent applicable.
(3) The recorded Covenants, Conditions and Restrictions for the Project, including
all amendments and annexations thereto.
(4) The Association's filed Articles of Incorporation, if any, and all amendments
thereto.
(5) The Association's Bylaws and all amendments thereto.
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(6) All Architectural Guidelines and all other rules regulating the use of an 24JC,07
Owner's interest in the Project or use of the Common Area which have been
promulgated by the Association.
(7) The plans approved by the local Agency or County where the Project is
located for the construction or improvement of facilities that the Association is
obligated to maintain or :repair; provided, however, that the plans need not be
as-built plans and that the plans may bear appropriate restrictions on their
commercial exploitation or use and may contain appropriate disclaimers
regarding their accuracy.
(8) All Notice of Completion Certificates issued for Common Area improvements
(other than residential structures).
(9) Any bond or other security device in which the Association is the beneficiary.
(10) Any written warranty being transferred to the Association for Common Area
equipment, fixtures or improvements.
(11) Any insurance policy procured for the benefit of the Association, its Board or
the Common Area.
(12) Any lease or contract to which the Association is a party.
(13) The membership register, including mailing addresses and telephone numbers,
books of account and minutes of meetings of the members of the Board and of
the Committees of the Board of the Association.
(14) Any instrument referred to in this Declaration but not described above which
establishes or defines the common, mutual or reciprocal rights or
responsibilities of members of the Association.
(b) The membership register, including mailing addresses and telephone numbers, books
of account and minutes of meetings of the members of the Board and of the
Committees of the Board of the .Association shall be made available for inspection and
copying by any member of the Association or by his duly appointed representative at
any reasonable time and for a purpose reasonably related to his interest as a member,
at the office of the Association or at such other place within the Project as the Board
shall prescribe.
(c) In the case of the minutes, minutes proposed for adoption that are marked to indicate
draft status, or a summary of the minutes, of any meeting of the Board, other than an
executive session, shall be available to members within thirty (30) days of the meeting
and shall be distributed to only members upon request and payment of the fee
prescribed in (e)(3) below.
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(d) At the time the proforma operating budget is distributed as required or at the time of
any general mailing, members of the Association shall be notified in writing of their
right to have copies of the minutes of meetings of the Board and as to how and where
those minutes may be obtained and the cost of obtaining such copies.
(e) The Board shall establish reasonable rules with respect to:
(1) Notice to be given to the Custodian of the records by the member of the
Association desiring to make the inspection;
(2) Hours and days of the week when such an inspection may be made; and
(3) Payment of the cost of reproducing copies of documents requested by a
member of the Association.
(f) Every Director of the Board shall have the absolute right at any reasonable time to
inspect all books, records and documents of the Association and the physical
properties owned or controlled by the Association. The right of inspection by a
Director of the Board includes the right to snake extracts and copies of documents.
(g) The Board of Directors of the Association must comply with all current requirements
of California Civil Code Sections 1365 and 1365.5 (current Sections set forth in
Exhibit "C"), or successor statutes pertaining to financial records, governing
documents, etc.
(h) The Association shall make the following documents available for inspection and
copying by a Member or his duly appointed representative at the office of the
Association upon request during normal business hours or under other reasonable
circumstances:
(1) The Membership register, mailing addresses, telephone numbers, books of
account and minutes of meetings of the Board for any purpose reasonably
related to a Member's interest.
(2) For Owners, lenders, holders, insurers and guarantors of a first Mortgage on
any Lot, current copies of all Governing Documents, books, records, and
financial statements of the Association;
(3) The Association may charge a fee to the requesting party for this service
which may not exceed the reasonable cost to prepare and reproduce the
requested items.
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5.07 Association Performance of ail Owner's Obligations. 240GOi
If an Owner fails to accomplish any maintenance or repair required by this
Declaration, the Association has the right (but not the obligation) to cause such
maintenance or repair to be accomplished according to the following regulations:
(a) The Board must give the offending Owner a Notice of Deficiency that outlines the
problem and sets a date for a hearing before the Board or its appointed Committee
('Board").
(b) A hearing must be held from fifteen (15) to thirty (30) days after the Notice of
Deficiency's delivery date and rust be conducted as follows:
(1) According to reasonable rules and procedures adopted by the Board;
(2) An Owner may present evidence and cross-examine any person offering
evidence against the Owner;
(3) A decision rendered against the Owner must set a reasonable date by which the
Owner is to correct the deficiency; and
(4) A committee decision may be appealed to the Board, but a decision by the
Board is final.
(d) If the deficiency continues after the time limit imposed by the Board, such
maintenance or repair may be accomplished according to the following regulations:
(1) After written notice by t1c Board, the Owner has no more than ten (10) days
to select a day(s) when such maintenance or repair may be accomplished;
(2) The Owner must select a date between fifteen (15) and forty-five (45) days
from the final day of the ten (10) day Notice of Action period;
(3) If the offending Owner does not select a day(s), the Board may select dates to
accomplish the work, between twenty-five (25) and fifty-five (55) days from
the last day of the ten (10) day Notice of Action period; and
(4) Unless the Owner and Board otherwise agree, such maintenance or repair may
take place during daylight: hours Monday through Saturday, excluding national
holidays.
(e) Any Association payments for such maintenance or repair must be reimbursed by the
Owner within thirty (30) days of Association performance.
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5.08 Penalties for Non-Complianee, 240007
(a) In recognition of the need for a reasonable means of encouraging and insisting upon
compliance with the provisions of the Governing Documents without resorting to suits
for injunctive relief, the Board is authorized to do the following:
(1) Establish a reasonable policy of reasonable penalties, including monetary
penalties which specifies the amounts of potential monetary penalties; and
(2) Assess any Owner found to be in violation of any provision.
(b) Notice and Hearing relating to the imposition of any penalties in this Section must be
made in the following manner and at a minimum:
(1) Notice must be given to the relevant Owner's most recent address in the
Association's records at least fifteen (15) days before the proposed effective
date of the penalty;
(2) Notice must set forth details of the violation itself, the proposed penalty, and
the date, time and place of the Hearing;
(3) The penalized Owner may be heard (either orally or in writing) at a Hearing
held at least five (5) days before the effective date of the proposed penalty;
(4) Hearing will be held by the Board of Directors, and their decision is final and
binding upon the Owner; and
(5) Following the Hearing, the Board must decide whether or not the Owner
should in fact be penalized, and the nature of the penalty.
(c) If the Association adopts a policy imposing any monetary penalty, including any fee
on any member for a violation of the governing documents or rules of the
Association, including any monetary penalty relating to the activities of a guest or
invitee of a member, the Board shall adopt and distribute to each member by personal
delivery or first-class mail, a schedule of the monetary penalties that may be assessed
for those violations, which shall be in accordance with authorization for member
discipline contained in the Governing Documents. (The Board shall not be required to
distribute any additional schedules of monetary penalties unless there are changes
from the schedule that was adopted and distributed to the members.)
(d) The Board shall meet in executive session if requested by the member being
disciplined, and the member shall be entitled to attend the executive session.
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(e) If an Owner fails to comply with a penalty imposed pursuant to the provisions of this
Section, the Board may seek judicial enforcement of the penalty in any court of
competent jurisdiction, with the Owner liable for all costs (collection costs, court
costs, attorney's fees, etc.). However, such penalties and costs shall not be treated as
an assessment that may become a prejudgment lien enforceable by Civil Code Section
2924.
(f) Notwithstanding the foregoing, the Owner shall be given, at a minimum, the rights set
forth in Corporations Code Section 7341 or any successor statute.
5.09 Powers and Limitations.
(a) Except as to matters requiring the approval of Owners, the affairs of the Association
shall be managed and conducted by the Board and its officers consistent with the law.
(b) The Board is authorized to institute, defend, settle or intervene on behalf of the
Association in litigation, arbitration, mediation, or administrative proceedings in
matters pertaining to:
(1) Enforcement of the governing instruments;
(2) Damage to the Common Area(s);
(3) Damage to the separate interests which the Association is obligated to maintain
or repair; or
(4) Damage to the separate interests which arises out of, or is integrally related to,
damage to the Common Area(s) or separate interests that the Association is
obligated to maintain or repair.
(c) The Board may not ordinarily take any of the following actions unless approved by a
majority of Members (other than. Declarant) constituting a quorum, at a meeting or by
written ballot without a meeting, pursuant to Corporations Code Section 7513:
(1) Enter into a contract for a term longer than one (1) year with a third person
who furnishes goods or services for the Common Area(s) or the Association,
with the following exceptions:
(A) A management contract with terms approved by the FHA or VA;
(B) A contract with a public utility company if the Public Utilities
Commission regulates rates charged for materials or services, provided
that the contract term does not exceed the shortest term for which the
supplier will contract at the regulated rate;
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(C) Prepaid casualty and/or liability insurance policies of not to exceed
three (3) years' duration, provided that the policy permits short-rate
cancellation by the insured;
(D) Lease agreements for laundry room fixtures and equipment not to
exceed five years duration, provided that Declarant's ownership interest
in the lessor under the agreement does not exceed ten percent (10
(E) Agreements for satellite dishes or cable television services and
equipment, not to exceed five (5) years duration, provided that the
Declarant's ownership interest in the entity does not exceed ten percent
(10%); and
(F) Agreements for sale, lease, installation or services of burglar and fire
alarm equipment, not to exceed five (5) years duration, provided that
Declarant's ownership interest in any entity involved does not exceed
ten percent (10%).
(2) Incur aggregate expenditures for capital improvements to the Common Area in
any fiscal year in excess of five percent (5%) of the budgeted gross expenses
of the Association for that fiscal year.
(3) Sell during any fiscal year property of the Association having an aggregate fair
market value greater than five percent (5%) of the budgeted gross expenses of
the Association for that fiscal year.
(4) Pay compensation to members of the Board or to officers of the Association
for services performed in the conduct of the Association's business provided,
however, that the Board may cause a member or officer to be reimbursed for
expenses incurred in carrying on the business of the Association.
5.10 Utility Easements.
The Association may grant easements and rights of way through the Common Area(s)
for water, sewer, telephone and cable lines, storm drains, underground conduits,
sprinkler systems, and other purposes intended to maintain the health, safety,
convenience and enjoyment of the Lots and Common Area(s).
5.11 Commencement of Association Management Responsibility.
The Association's obligations specified in this Article are effective as of the first sale
of a Lot to a third party.
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ARTICLE VI
COVENANT FOR ASSESSMENT
6.01 Assessments.
(a) Assessments may be levied by the Association for improvement and maintenance of
the Common Area(s), administration of the Property, and to promote the recreation,
safety, and welfare for the common good of all the Owners.
(b) Each Owner, by acceptance of a. deed to a Lot, whether or not it shall be so
expressed in any deed, covenants and agrees to pay all Assessments to the
Association.
(c) Assessments and related interest, collection costs, and reasonable attorneys' fees are
the personal obligations of the Owner and binds heirs, devisees, representatives,
successors and assignees, but does not pass to successors in title unless expressly
assumed by them. The Lot does remain subject to any Assessment liens of record,
except upon foreclosure of a first Mortgage as stated in the Article entitled
"Mortgagee Protection".
(d) Pursuant to Civil Code Section 1366.1, the Association may not collect an assessment
or fee that exceeds the amount necessary to defray the costs for which it is levied.
6.02 Commencement; Due Dates of Assessments.
Except for the partial first year, Regular Assessments shall be due and payable in any
reasonable manner established by the Board. Regular Assessments commence on the
first of the month immediately after conveyance of the first Lot to a purchaser.
6.03 Assessment Rate.
(a) Regular Assessments and Special Assessments must be fixed at a uniform rate for all
subject Lots, except as otherwise provided.
(b) Each subject Lot is liable for a pro rata share (the fractional number one (1) over the
total number of Lots subject to Assessment by the Association at that time).
6.04 Assessment Duties of the Board of Directors.
The Board must levy Regular and Special Assessments in compliance with Civil Code
Section 1366.
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6.05 Effect of Nonpayment of Assessments: 24OOO7
Delinquency and Remedies of the Association.
(a) An Assessment is delinquent ("Delinquent Assessment") if not paid within fifteen (15)
days after the due date. A Delinquent Assessment includes:
(1) A late charge imposed by the Board to the maximum amount in accordance
with California Civil Code Section 1366 (or any successor statutes);
(2) Reasonable collection costs and attorney's fees; and
(3) Interest on all costs and charges at the maximum permissible rate,
commencing thirty (30) clays after the Assessment is due.
(b) Delinquent Assessments and related costs will be a continuing lien on the relevant Lot
when a "Notice of Delinquent Assessment" is recorded against an Owner's fee
interest in a Lot.
This lien is prior and superior to all other monetary liens on the Owner's fee interest
except:
(1) Taxes, bonds, Assessments and other levies that are superior by law; and
(2) The lien or charge of any first Mortgage of record made for value in good
faith.
(3) The lien for Assessments which were due and payable prior to the transfer of
an Owner's interest in a ]Lot shall be deemed extinguished upon the transfer of
said interest as the result of the exercise of a power of sale or a judicial
foreclosure involving a default under the first Mortgage.
(4) Notwithstanding the foregoing, any Special Assessments imposed against a
particular Owner in order to reimburse the Association for any costs incurred
in connection with that Owner's violation of the Governing Documents, or a
monetary penalty imposed by the Association as a disciplinary measure for
failure to comply with the Governing Documents, may not become a lien
against the Owner's interest. However, this does not apply to charges
imposed against an Owner consisting of reasonable hate payment penalties for
delinquent assessments and/or charges to reimburse the Association for the loss
of interest or for costs reasonably incurred including attorney's fees in its
efforts to collect other delinquent assessments.
(c) In addition to all other legal rights and remedies, the Association may:
(1) Bring legal action against an Owner who is personally obligated to pay the
Assessment and charges (without foreclosing or waiving any lien security);
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(2) Judicially foreclose the lien against the Lot, including the Assessment, interest,
collection costs and late charges;
(3) Foreclose the lien by power of sale in accordance with California Civil Code
Sections 2924-2924h, or any other lawful manner;
(4) Bid on the Lot through authorized agents at the foreclosure sale, to acquire
and thereafter to hold, lease, Mortgage or convey; or
(5) Temporarily suspend the voting rights of the Owner in accordance with the
provisions of this Declaration.
(d) Foreclosure action may not proceed until thirty (30) days after a Notice of Claim of
Delinquent Assessment is duly recorded with the relevant County Recorder that meets
the requirements of Civil Code Section 1367.
(e) A copy of the Notice of Claim of Delinquent Assessment must be sent by certified or
registered prepaid United States mail, addressed to the Owner or his designated agent
previously given in writing to the Association at the Lot (or an address that the Owner
has previously given in writing to the Association which address must be within the
United States).
(f) Upon an Owner's timely payment of a default and all related fees, Association
officers may prepare and record (at the Owner's cost) a release of the Notice of
Delinquent Assessment.
(g) No transfer of an Owner's interest in a Lot as a result of a foreclosure or exercise of
a power of sale shall relieve the new Owner whether it be the former beneficiary of
the first mortgage or another person, from liability for any assessment thereafter
becoming due or from the lien thereof.
6.06 Nonuse and Abandonment.
An Owner does not waive or otherwise escape liability for Assessments by nonuse of
the Common Area(s) or abandonment of a Lot.
6.07 Waiver of Exemptions.
With respect to Assessment liens, each Owner waives (to the extent permitted by law)
the benefit of any California homestead or exemption laws in effect when any
Assessment or installment becomes delinquent or a lien is imposed.
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ARTICLE VII
ARCHITECTURAL COMMITTEE
AND ARCHITECTURAL CONTROL
7.01 Approval by Architectural Committee.
(a) Except for initial landscaping and improvements constructed by the Declarant, any
exterior construction or alteration (fence, wall, grading, structure, color change)
anywhere on the Property must first be approved in writing by the Architectural
Committee.
(b) Complete plans and specifications must be submitted in writing with the signature of
the Owner (or authorized agent), showing plot layout, exterior elevations, materials,
sizes, color, design and landscaping.
(c) Tree or plant materials that interfere with the aesthetic enjoyment and unobstructed
view of any Lot are not permitted on the Property.
(d) Plans and specifications for placement of any tree or plant material which can
reasonably be expected to exceed eight (8) feet in height must first be approved in
writing by the Architectural Committee.
(e) The Architectural Committee may withhold approval if it determines that the
harmony, aesthetic beauty, or natural view of any Lot would be impeded by a
proposed planting.
(f) The Association may require the responsible party to trim or remove any plant the
Architectural Committee believes detracts from the harmony and aesthetic beauty of
any Lot.
(g) Owners must comply with all applicable civil laws, codes, and regulations.
7.02 Committee Approval for Construction.
(a) Architectural Committee approval must be obtained before any exterior improvement,
alteration or structure of any kind (including any building, fence, wall, screen, patio,
tent, awning, carport, spa, hot tub, jacuzzi, air conditioning unit, antennae, lighting,
etc.) is erected, maintained or painted.
(b) "Exterior" includes any outside surface, wall, roof, door, patio, balcony, deck,
garage or other outside Residence structure which is visible to others.
VII-1
24000'7
(c) An Owner may not landscape the Common Area(s); patios or yards visible from the
street or Common Area(s) without the approval of the Architectural Committee.
However, an Owner may landscape the patio with natural plants, grass, trees and/or
shrubs that grow low to the ground without Architectural Committee approval.
7.03 Enforcement by Owners.
If the Association fails to take corrective action within a reasonable period of time
after knowledge of a violation, an Owner may take legal action to enforce these
provisions.
7.04 Architectural Committee.
Architectural Committee Members shall be appointed and replaced as follows:
(a) Until one year after DRE issues the initial final public report for the Property,
Declarant may appoint:
(1) All original Members of the Architectural Committee; and
(2) All replacements to the Architectural Committee.
(b) Declarant may appoint a majority of Architectural Committee Members until either:
(1) Ninety percent (90%) of all of the Lots have been sold; or
(2) Five years after DRE issues the initial final public report for the Property.
(c) One (1) year after DRE issues the initial final public report for the Property, the
Board may appoint one Member to the Architectural Committee until either:
(1) Ninety percent (90%) of all Lots have been sold; or
(2) Five years after DRE issues the initial final public report for the Property.
(3) Thereafter, the Board may appoint all Architectural Committee Members.
(d) Architectural Committee Members appointed by the Board must be Association
Members.
(e) Architectural Committee Members appointed by Declarant need not be Association
Members.
(f) The Architectural Committee shall act by majority vote.
V1I-2
24O007
(g) The Architectural Committee will meet periodically to perform its duties.
(h) The number of Architectural Committee Members will be established and governed
by the Bylaws.
7.05 Certain Procedures for the Architectural Committee.
(a) For any Member unable (or unwilling) to serve on the Architectural Committee, the
remaining Member(s) will have authority to approve or reject any proposed
construction or alteration.
(b) If the Architectural Committee (or representative) fails to rule on a proposal within
thirty (30) days after complete plans and specifications have been submitted as
outlined below, the plans will be considered automatically approved.
(c) Complete plans and specifications must be either:
(1) Personally delivered to any Architectural Committee Member; or
(2) Mailed postage prepaid, certified mail, return receipt requested to the
Committee at its current ,address.
7.06 Review Standards.
(a) The Architectural Committee must approve or reject plans and specifications
submitted for proposed construction or alteration based on:
(1) Reasonable standards for the aesthetic aspects of design, placement,
landscaping, color, finish, materials, and exterior harmony with existing
structures; and
(2) Overall benefit or detriment to the Property and the area immediately
surrounding the Lot involved.
(b) The Architectural Committee is not responsible for approval of plans from the
standpoint of structural safety or conformance with building codes.
(c) Architectural Conunittee approval of solar heating units may not be withheld
unreasonably.
VII-3
• • 240007
7.07 Rules and Regulations.
The Architectural Committee may adopt, amend and repeal reasonable rules and
regulations.
7.08 No Waiver.
Architectural Committee approval of a proposal does not limit the Committee's right
to withhold approval for similar proposals.
7.09 Completion.
When work approved by the Architectural Committee begins, it must be diligently
prosecuted to completion.
7.10 Variance.
(a) The Architectural Committee may allow reasonable variances to any of the Covenants
contained in this Declaration or any provisions under the rules and regulations
promulgated by the Architectural Committee on terms and conditions it shall
establish.
(b) Granting any such variance does not waive any of the terms and provisions of this
Declaration in any way, except for the particular Lot and provision covered by the
variance.
(c) Variance does not affect an Owner's obligation to comply with all governmental laws
and regulations.
7.11 Appeal.
(a) After the Declarant has lost the right to appoint a majority of Members of the
Committee, all decisions of the Committee are subject to review by the Board.
(b) Unless the composition of the Membership of the Committee is identical to the Board,
the Board must review and decide upon the proposal within forty-five (45) days after
the decision by the Committee.
VII-4
0
PARTICLE VIII 2400V'
ESTABLISHMENT AND RESERVATION OF EASEMENTS
8.01 Establishment of Utility and Drainage Encroachment Easements.
Owner rights and duties regarding "the Infrastructures" (drainage facilities, sewer,
water, electricity, gas, telephone, cable television and other utility lines and facilities)
are:
(a) Easement for Infrastructures that lie on Lots or Common Area(s) is granted to the full
extent necessary for utility companies and the Association to install, maintain and
repair the Infrastructures;
(b) If a utility Infrastructures serves more than one Lot, each Owner served is entitled to
reasonable use and enjoyment of all necessary portions of the Infrastructures.
(c) Infrastructures easements may not interfere with an Owner's use and enjoyment of
any of the buildings originally constructed on the Lots.
8.02 Reservation of Utility and Drainage Easements.
(a) Declarant reserves the right to grant and transfer easements over the Lots and
Common Area(s) for installation, maintenance and repair of the Infrastructures.
(b) Any such easement may not interfere with an Owner's use and enjoyment of the Lots
and Common Area(s).
8.03 Reservation of Easements for Declarant's Use.
Declarant reserves the right to grant non-exclusive easements over the Lots and
Common Area(s) for the limited purposes authorized above.
8.04 Encroachment Easements.
(a) Each Lot possesses a continuing easement over all adjoining Property (including Lots
and Common Areas) to accommodate minor encroachments due to:
(1) Original engineering or survey errors;
(2) Errors in original construction;
(3) Settlement or shifting of a building, wall or structure; or
VIII-1
• i
(4) Any other similar reason. 240%7
(b) A valid easement for encroachment exists for maintenance of any Common Area.
8.05 Drainage System.
(a) The Association and each Owner accept the drainage pattern for the Lots and
Common Area(s) established by the final grading of the Property originally
undertaken by Declarant (including roof drainage from adjacent Lots and Common
Areas).
(b) The established drainage pattern may not be altered without prior written approval by
the Association and/or Architectural Committee.
(c) If the drainage pattern must be altered, the Association and/or Architectural
Committee must make reasonable and adequate provisions for proper drainage.
8.06 Transferability of Reserved Easements.
Declarant has the power to grant or transfer easements to any person(s) or entity.
8.07 Encroachment Easements.
(a) Each Lot and its Owner is hereby granted an easement over all adjoining Lots and the
Common Area for the purpose of accommodating any non-willful encroachment due
to:
(1) Engineering errors, errors in original construction, settlement or shifting of
structures, or any other cause as long as the encroachment remains; and
(2) Overhanging roofs and eaves, fireplace structures, and other structural
components as originally constructed by the Declarant or, if partially or totally
destroyed, as subsequently rebuilt or repaired in accordance with the original
plans and specifications.
(b) In the event a residence is partially or totally destroyed, and then repaired or rebuilt,
the Owner of each Lot agrees that minor encroachments over adjoining Lots and the
Common Area shall be permitted and there shall be valid easements for the
maintenance of the encroachments as long as they shall exist.
VHI-2
•
8.08 Easements for Maintenance of the Common Area(s). 240607
The Association has a nonexclusive easement for ingress, egress and access to all
portions of the Property to perform its maintenance obligations established in this
Declaration.
8.09 Easements Over Sidewalks.
The Declarant reserves and grants nonexclusive reciprocal easement rights to all
Owners, tenants and invitees over any sidewalks, for pedestrian access, use and
enjoyment.
8.10 Utility Easements Granted by the Association.
The Association may grant easements and rights of way through the Common Area(s)
for water, sewer, telephone and cable lines, storm drains, underground conduits,
sprinkler systems, and other purposes intended to maintain the health, safety,
convenience and enjoyment of the Lots and Common Area(s).
8.11 Establishment of Zero Lot Line Easements.
In order to create and establish a zero lot line system of ownership within the Project,
Declarant does hereby create, establish and reserve permanent and perpetual easements
("Easement Areas") appurtenant to certain Dominant Tenements on, over and across those
certain portions of their respective adjacent Servient Tenements, which are more particularly
shown and described on Exhibit "W. Said easements shall be used for yard, landscaping,
utility, access and maintenance purposes, and shall be subject to each and all of the
covenants set forth in this Declaration. In addition, encroachment into said easement area
shall be allowed for roof overhangs, eaves and drainage by the Dominant Tenement.
8.12 Use and Maintenance of Easement Areas.
Each Dominant Tenement Owner shall have the right and responsibility to landscape
and otherwise maintain the Easement Area appurtenant to his Lot in a neat, clean, safe,
sanitary and attractive condition at all times, and shall bear all costs thereof.
8.13 Indemnification by Dominant Tenement Owner.
Each Owner of a Dominant Tenement shall indemnify and save the Owner of the
respective Servient Tenement harmless From and against any and all liability arising out of or
otherwise resulting from any negligent act or omission of the Owner of the Dominant
Tenement relating to the exercise of its rights or the performance of its obligations
hereunder.
VIII-3
ARTICLE IX 240+007
MORTGAGEE PROTECTION
9.01 Subordination of Lien and Foreclosure.
(a) Any lien for Regular or Special Assessments created or claimed in this Declaration:
(1) Is subject and subordinate to the rights of any First Mortgage that encumbers
any part of the Property made for value in good faith; and
(2) May not in any way impair or invalidate the obligation or priority of a First
Mortgage unless expressly subordinated in writing by the Mortgagee. The
signing of any Mortgagee to the Subordination by Lienholder included in this
Declaration shall not constitute said lienholder's subordination to any future
Assessment lien.
(b) Foreclosure of any Assessment lien created by any provision of this Declaration shall
not operate to impair any lien encumbered by a first Mortgage made for value in good
faith.
(c) Upon foreclosure of a first Mortgage, the purchaser:
(1) Will take the Lot title free of any Assessment lien accrued up to the time of
the foreclosure sale (provided that nothing herein is intended to impair the
rights of the Association to receive payment on any Assessment lien in the
event the net sale proceeds are in excess of what is owed on all encumbrances
prior to the Assessment lien); and
(2) Is only obligated to pay Assessments or other Association charges accruing
after the Lot title is acquired.
(d) Where the Mortgagee obtains title with a deed in lieu of foreclosure, any Assessment
lien shall be extinguished upon recordation of the deed.
9.02 Mortgagees Are Not Required to Cure Certain Breaches.
A first Mortgagee who acquires title by foreclosure or by a deed in lieu of foreclosure
or assignment in lieu of foreclosure shall not be obligated to cure an existing breach
of this Declaration that is non-curable or of a type that is not practical or feasible to
cure.
IX-1
•
9.03 Effect of Breach of Declaration. 24ftw
(a) Breach of this Declaration may not:
(1) Cause any forfeiture or reversion of title; or
(2) Bestow any right of reentry.
(b) Breach of this Declaration may be enjoined or abated by court action by the
Association, Declarant, or any Lot Owner, and damages may also be awarded
provided that:
(1) The violation does not impair or invalidate the Mortgage lien or deed of trust
made for value in good faith; and
(2) This Declaration binds any Owner whose title is derived through foreclosure,
trustee's sale or otherwise.
9.04 Exemption From Right of First Refusal.
(a) No right of first refusal or similar restriction may be placed on an Owner's right to
sell, transfer, or otherwise convey a Lot, unless a Mortgagee of the Property grants
written consent to the Association.
(b) Any right of first refusal or option to purchase a Lot that may be granted to the
Association (or other party) may not impair the rights of a first Mortgagee to do any
of the following:
(1) Foreclose or take title to a Lot, pursuant to the remedies provided in the
Mortgage;
(2) Accept a deed (or assignment) in lieu of foreclosure in the event of default
under the Mortgage; or
(3) Sell or lease a Lot acquired by the Mortgagee.
9.05 Restrictions on Certain Chanues.
Eligible First Mortgagees are holders of First Mortgages who have requested the
Association to notify them of specified proposals and changes to the Governing
Documents.
At least sixty-six and two-thirds percent (66 2/3%) of Owners and at least fifty-one
percent (51%) of the votes of Eligible First Mortgagees must give written approval
before the Association may, by act or omission, do any of the following:
IX-2
(a) Abandon, partition, subdivide, encumber, sell or transfer any portion of a Common
Area (other than granting easements as specified in this Declaration).
(b) Alter the method of determining Assessments or other charges levied against an
Owner.
(c) Partition or subdivide any Lot.
(d) Seek to abandon or terminate the Property, (except as provided by statute in case of
substantial loss to the Lots or Common Areas).
(e) Use hazard insurance proceeds for losses to the Property (Lot or Common Area) for
other than repair, replacement or reconstruction of the relevant Property (except as
provided by statute in case of substantial loss to the Lots or Common Areas).
(f) Change, waive or abandon any regulations or enforcement pertaining to the
architectural design, the exterior appearance or the maintenance of the Lots or the
Common Area(s).
(g) Fail to maintain Fire and Extended Coverage on insurable Common Area(s) as
specified in this Declaration.
(h) Amend the Governing Documents concerning any material provision (which includes,
but is not limited to, the following):
(1) Voting rights;
(2) Rights to use the Common Area(s), and reallocation of interests in the
Common Area (including Exclusive Use Common Areas);
(3) Reserves and responsibility for maintenance, repair and replacement of the
Common Property;
(4) Lot boundaries;
(5) Owners' interests in the Common Area;
(6) Convertibility of Common Area into Lots or Lots into Common Area;
(7) Lot leasing;
(8) Establishment of self-management by the Association where professional
management has been required by any beneficiary, insurer or guarantor of a
first Mortgage;
(9) Annexation or deamnexation of real property;
IX-3
• 1 • 240007
(10) Assessments, Assessment liens, or the subordination of such liens;
(11) Casualty and liability insurance (or other insurance or fidelity bonds);
(12) Imposition of a right of first refusal or similar restriction of an Owner's right
to sell, transfer or otherwise convey the Lot;
(13) Restoration or repair of the Property after hazard damage or partial
condemnation;
(14) Action to terminate the legal status of the Property after substantial destruction
or condemnation; and
(15) Any provisions that are for the express benefit of first Mortgagees, insurers
or governmental guarantors of first Mortgages.
G) Change, waive or abandon the provisions of this Declaration (and their enforcement)
pertaining to architectural design and control of the exterior appearance of structures,
maintenance of the Common Area(s), walks, fences, driveways, lawns and plantings
on the Property.
(j) When Lot Owners are considering termination of the legal status of the Project for
reasons other than substantial destruction or condemnation of the Property, written
approval of sixty-seven percent (67%) of Eligible First Mortgagees must be given.
(k) An Eligible First Mortgagee's approval will be considered granted if a negative
response is not delivered to the Board within thirty (30) days after it receives notice
of the proposed amendment, provided notice was delivered personally or by certified
or registered mail, return receipt requested.
9.06 Inspection of Association Books and Records.
Any first Mortgage holder has the right to examine the books and records of the
Association.
9.07 Condemnation Awards and Insurance Proceeds.
(a) First Mortgagees have priority over any other party (including the Owner) pursuant to
their Mortgage in a case of a distribution to Owners of insurance proceeds or
condemnation awards for losses to or taking of Lots or Common Areas. Any
provision to the contrary in this Declaration, the Bylaws, or other Governing
Documents is to such extent void.
IX-4
240GO12
(b) All applicable fire, physical loss or extended coverage insurance policy must contain
loss payable clauses acceptable to the affected first Mortgagee, naming them
Mortgagees as their interests may appear.
9.08 Mortgagee's Right to Attend Meetings.
Any Mortgagee may appear at Association and Board meetings, but is not eligible to
vote.
9.09 Payments by Mortgagees.
(a) First Mortgagees may pay the following jointly or severally:
(1) Taxes or other charges in default which may be a charge against any part of
the Common Area(s); and
(2) Overdue premiums on hazard insurance policies, or to secure new hazard
insurance coverage on the lapse of a policy for the Common Area(s).
(b) Upon making such payments, the Association:
(1) Owes immediate reimbursement to first Mortgagees making such payments;
and
(2) Must, upon Mortgagee's request, execute an agreement that reflects the first
Mortgagees' entitlement to such reimbursement.
9.10 Loss Payable Endorsement.
All applicable fire, physical loss or extended coverage insurance policies must contain
loss payable clauses naming the Mortgagees who encumber the Lots.
9.11 Notices to Mort a ees.
(a) The holder, insurer or guarantor of the mortgage on any Lot is entitled to timely
written notice of:
(1) Any condemnation or casualty loss that affects a material portion of the Project
or the Lot securing its mortgage;
(2) Any sixty-day delinquency in the payment of Assessments or charges owed by
the Owner of any Lot on which it holds the mortgage;
IX-5
se, cancellation, or material modification of an 24O�Q'�
(3) A lapse, y insurance policy or
fidelity bond maintained by the Association; and
(4) Any proposed action that requires the consent of a specified percentage of
Eligible First Mortgage Holders.
(b) To obtain the information above, the mortgage holder, insurer or guarantor must send
a written request to the Association, stating both its name and address and the Lot
number (or address) it has the mortgage on.
9.12 Governmental Financing Programs.
(a) It is the intent of Declarant that the Governing Documents and the Project in general,
shall now and in the future meet all requirements necessary to purchase, guarantee,
insure, or subsidize any Mortgage of a Lot in the Project by the Federal Home Loan
Mortgage Corporation, and Federal National Mortgage Association or FHA/VA (if
the Declarant is submitting for approval of these agencies). The Association and each
Owner shall promptly take any action and/or shall adopt any resolutions required by
Declarant or any Mortgagee to conform this Declaration or the Project to the
requirements of any of these entities or agencies. Each Owner of a Lot in the
Project, by accepting a deed to a Lot, shall be deemed to have constituted and
irrevocably appointed Declarant as his Attorney-in-Fact, for himself and each of his
Mortgagees, heirs, legal representatives, successors and assignees, whether voluntary
or involuntary, and thereby to have conveyed a Power of Attorney coupled with an
interest to Declarant as his Attorney-in-Fact for the purpose of amending the
Governing Documents to conform with any new requirements. This Power of
Attorney shall expire two years after the recording of this Declaration.
(b) These steps include the requirement that, when available, the Association must
maintain certain types of insurance coverage issued by carriers who meet the
requirements of the relevant governmental financing program.
(c) Hazard insurance policies required by this Section must contain (or attach) the
standard Mortgagee clause commonly accepted by private institutional Mortgage
investors for similar properties in the locale (except when a separate policy covering
the Common Area(s) is maintained).
(d) If there are any such loans, the Association will give written notice to FHLMC (or its
designated representative) of the following:
(1) Any loss to the Common Area in excess of Ten Thousand Dollars
($10,000.00); or
(2) Damage to a Lot covered by a first Mortgage purchased (in whole or in part)
by the FHLMC in excess of One Thousand Dollars ($1,000.00).
IX-6
0
ARTICLE X 240007
DAMAGE AND DESTRUCTION TO IMPROVEMENTS
10.01 Alternatives in the Event of Damage
and Destruction to Common Area Improvements.
In case of casualty damage to Common Area improvements, the Association will
repair and substantially restore the Common Area improvements to the same manner
as existed before:
(a) If insurance proceeds paid to the Association are sufficient;
(b) If insurance proceeds cover at least eighty-five percent (85%) of repair costs, the
Association will repair the damage and levy a reconstruction Assessment equally
against the Owners to make up the balance of costs (according to the Article
"Covenant for Assessments").
(c) If insurance proceeds cover less than eighty-five percent (85%) of repair costs, the
Association will repair the damage and levy a reconstruction Assessment equally
against the Owners unless at least sixty-six and two-thirds percent (66 2/3%) of the
Owners (other than Declarant) determine either:
(1) To rebuild in a less expensive manner than substantial replacement, utilizing
all available insurance proceeds. The Association will levy a reconstruction
Assessment equally against the Owners to raise any rebuilding cost in excess
of insurance proceeds; or
(2) Not to rebuild. All net insurance proceeds for the damage (after expenses of
clearing debris and making the damaged area aesthetically pleasing) are at the
Association's discretion to perform its functions according to the Restrictions
or to distribute equally to the Owners (subject to the rights of Mortgagees of
record).
10.02 Method of Paying Reconstruction Assessments
for Reconstruction of the Improvements.
(a) Reconstruction Assessments will be due:
(1) In a lump sum or in installments; and
(2) On any date(s) the Association designates within twenty (20) years.
X-1
240001Y
(b) To cover the difference between the cost of restoring damaged improvements and the
available insurance proceeds, the Association may borrow money secured by:
(1) An assignment of its right to collect such Assessments; or
(2) A pledge of its interest in any assets.
10.03 Damage to Dwellings.
(a) If a Lot improvement (other than the Common Area) is damaged by fire or other
casualty, the relevant Owner must proceed with due diligence to repair or reconstruct
the improvement in accordance with the original as-built plans and specifications,
modified as may be required by applicable building codes and regulations in force at
the time of such repair or reconstructions or as authorized by the Architectural
Committee.
(b) Repair or reconstruction must continence within ninety (90) days after damage or
destruction, and must be completed within one hundred and eighty (180) days after
such date, subject to delays that are beyond the Owner's control.
(c) Notwithstanding the foregoing, the Owner must immediately take reasonable steps as
required to secure any hazardous conditions resulting from the damage or destruction.
10.04 Arbitration.
Any dispute between Owner(s) or the Association regarding the interpretation or
application of this Article will be settled by arbitration, conducted as follows:
(a) Upon request by any affected party;
(b) In the relevant County;
(c) Before three (3) American Arbitration Association ("AAA") members (unless the
parties agree to one (1) arbitrator) who act under the provisions of this Article and
make their award in conformity with AAA rules.
(d) Unless otherwise specified by the Arbitrators' final decision, arbitration fees will be
paid equally by the parties.
X-2
ARTICLE XI 240007
EMINENT DOMAIN - COMMON AREA
11.01 Condemnation.
(a) If any portion of a Common Area is to be condemned or sold by eminent domain, the
Board (or its delegation) will:
(1) Represent Association Members in the proceedings;
(2) Immediately give notice of the condemnation threat to all Beneficiaries,
insurers and guarantors of first Mortgages who have filed written requests for
notices;
(3) Be entitled to make a voluntary sale to the condemner in lieu of engaging in a
condemnation action.
(b) Any award(s) received shall be paid to the Association.
(c) If only part of a Common Area is affected, the rules regarding restoration and
replacement of the Common Area and improvements apply as if in the case of
destruction.
(d) If any of the net condemnation award is not used to restore the remaining Common
Area, the Association will handle the award in accordance with the Article entitled,
"Damage and Destruction to Improvements Located Within the Property".
XI-1
240GO7
ARTICLE XII
GENERAL PROVISIONS
12.01 Duration.
(a) This Declaration is binding upon all parties for sixty (60) years after the recording
date.
(b) After sixty (60) years, the Declaration will automatically be extended for successive
ten (10) year periods, unless the Owners (heirs, successors, representatives) of a
majority of subject Lots record a signed, written instrument:
(1) At least one (1) year before the beginning of any ten (10) year period; and
(2) Agreeing to change or terminate this Declaration.
12.02 Amendment.
(a) Before the first Lot is sold, Declarant may unilaterally amend this Declaration by
recording an instrument of amendment in the relevant County Recorder's Office.
(b) After the first Lot is sold, this Declaration may only be amended in the following
ways (and subject to the Article entitled "Mortgagee Protection"):
(1) A signed, written instrument from sixty-seven percent (67%) of Association
Members (other than Declarant);
(2) If Class B Membership exists, a signed, written instrument from sixty-seven
percent (67%) of the voting power of each class of membership;
(3) A signed, written instrument by two Association officers certifying that the
relevant amendment has been approved by at least sixty-seven percent (67%)
of Association Members (other than Declarant); or
(4) If Class B Membership exists, a signed, written instrument by two Association
officers certifying that the amendment has been approved by at least sixty-
seven percent (67%) of each class of membership.
(c) Any amendment must be properly recorded in the relevant County Recorder's Office.
XII-1
2-4000'7
(d) The percentage of Association Members needed to amend this Declaration may not be
less than the percentage of affirmative votes prescribed for action to be taken underthe
relevant provision.
(e) An Owner or the Association may petition the Superior Court for an order reducing
the percentage of affirmative votes needed to amend this Declaration (pursuant to
Civil Code Section 1356, or any successor statutes).
(f) While the Declarant holds or directly controls at least twenty-five percent (25%) of
the votes, any proposed amendment to any Governing Documents must comply with
Business and Professions Code Section 11018.7.
12.03 Enforcement: Resolution of Disputes.
(a) An Owner or the Association may enforce by legal action any restrictions, conditions,
covenants, reservations, liens, Assessments, fees and penalties unposed by this
Declaration or other Governing Documents for violations committed by any offending
party, or with respect to any dispute related to any portion of any property covered by
the Declaration.
(b) Failure to take action does not constitute a waiver of the right to take action.
(c) Reference is hereby made to California Civil Code Section 1354 (current Section set
forth in Exhibit "C"), which sets forth pre-filing requirements, or arbitration
proceedings and other procedures for certain types of enforcement actions.
(d) It is recommended, although not required, that the Board consider diversion of the
prosecution or defense of any civil action to Alternative Dispute Resolution
proceedings, including, but not limited to Mediation, Non-binding Arbitration, or
Binding Arbitration.
(e) If the Board diverts any civil action to an Alternative Dispute Resolution proceeding,
the Board shall agree to:
(1) Participate fully, and in good faith, in the resolution of any such action
diverted to an Alternative Dispute Resolution proceeding; and
(2) Pay the costs reasonably incurred by the Association on account of those
Alternative Dispute Resolution proceedings.
(f) The Board shall, in good faith, attempt to provide one hundred twenty (120) days
advance notice of the Board's intent to initiate the prosecution of any civil action,
along with the nature and basis of the claim, to every member of the Association and
every entity or person who is a prospective party to the civil action, provided that
notice can be given:
XH-2
0 0 240007
(1) More than one hundred twenty (120) days prior to the expiration of any
pertinent statute of limitations, and
(2) Without prejudice to the Association's right to enforce the Governing
Documents.
(g) No such notice need be given prior to the filing of an action in small claims court or
an action solely to enforce assessment obligations.
(h) Prior to initiating any civil action, the Board is not required to:
(1) Conduct inspections;
(2) Maintain inspection records;
(3) Exhaust applicable casualty insurance coverage maintained by the Association;
(4) Provide an opportunity to cure;
(5) Meet with Members, or obtain the consent of the Members.
(6) Submit any civil claims to Binding or Non-binding Alternative Dispute
Resolution proceedings (except in compliance with the provisions of Civil
Code Section 1354(b)).
(i) Immediately after initiating the prosecution or defense of any civil action, the Board
shall make a reasonable effort, in good faith, to:
(1) Meet and confer with every person who is a party to the appropriate processes
for resolving the civil action, including available Alternative Dispute
Resolution proceedings;
(2) Provide an opportunity to correct any alleged defect in the Common Area(s),
if this is the cause for the action, in order to avoid or reduce any costs or
losses which may be incurred by the parties involved in the action;
(3) Provide for the scope of discovery, if any is required for the action, to be
conducted prior to the inception of any Alternative Dispute Resolution
procedure.
XII-3
i •
240007
12.04 Enforcement: Binding and Non-Binding Arbitration.
(a) Any claim or dispute referred to Binding or Non-binding Arbitration, shall be settled
and determined in accordance with the rules of either the American Arbitration
Association ("AAA"), or its successor, or the Judicial Arbitration and Mediation
Services, Inc. ("JAMS"), or its successor, and the provisions of the California Code
of Civil Procedure, Section 1283.05 (or any successor amended statute or law
containing similar provisions, shall be applicable in any such arbitration).
(b) In any case where either the American Arbitration Association or JAMS (or the
successor of either) is not in existence or fails or refuses to act within a reasonably
prompt period of tune (but in no event exceeding 90 days from the date a request for
arbitration is filed), the arbitration shall proceed in accordance with the laws relating
to arbitration then in effect in the State of California (including but not limited to
Section 1280 through 1294.2 of the California Code of Civil Procedure, as the same
may be amended or superseded From time to time).
(c) Any such arbitration shall be conducted by one (1) arbitrator. If the parties cannot
agree on one (1) arbitrator, there shall be three, as follows:
(1) Each party shall choose an arbitrator and the two arbitrators shall choose the
third.
(2) The parties shall name their respective choices within five days after demand
for arbitration is made.
(3) If either party neglects or refuses to participate in the appointment of the
arbitrator(s), or to furnish the arbitrator(s) with any papers or information
demanded, the arbitrator(s) may proceed ex parte.
(4) If Binding Arbitration is chosen, the judgment upon the award rendered in any
such arbitration shall be final and binding upon the parties and may be entered
in any court having jurisdiction thereof.
12.05 Notification of Declarant by Association of Defects and
Resolution of Disputes with Declarant.
(a) In the event of any alleged defect in any improvement for which the Association or
Owner believes the Declarant may be responsible, the Board or Owner shall provide
the Declarant with written notice of such defect and will grant the Declarant a
reasonable opportunity to repair, replace, or otherwise cure any defect in
workmanship and/or material.
XII-4
0 0 240607
(b) If a dispute regarding any right or action to which Section 1298.7 of the California
Code of Civil Procedure (collectively referred to as "Defect Disputes") shall arise
between the Association and Declarant (or any of its contractors and/or
subcontractors, consultants and/or subconsultants, and their employees and/or agents),
at least one hundred twenty (120) days prior to commencing any mediation,
arbitration or judicial proceedings, the Board, in good faith, shall attempt to provide
written notice to the Members for the purpose of disclosing such proposed
proceedings to the Members. Such notice shall inform the Members of all relevant
information pertaining to such proposed proceedings, including, but not limited to the
following:
(1) The specific areas and/or components of the Project which it believes to be
defective and the basis for such belief;
(2) The estimated cost to repair such defects;
(3) How the necessary repairs will be funded;
(4) The Declarant's position, if any, regarding repairing the alleged defects;
(5) The name of the attorney whom the Association is contemplating retaining and
an estimate of the attorney's fees, consultant's fees and any other costs to be
incurred to prosecute such proceedings;
(6) How such fees and costs will be funded;
(7) Each Member's duty to disclose to prospective purchasers the alleged defects;
and
(8) The potential impact the proceedings may have on the marketability and
availability of financing for Lots in the Project.
(c) The above notice requirement may be shortened by the Board as necessary to avert
the barring of any claim due to the expiration of any applicable statute of limitations.
(d) Any such Alternative Dispute Resolution proceeding, or civil action, associated with a
Defects Dispute between the Association and the Declarant shall be conducted in
accordance with the procedures set forth herein.
(e) This section, 12.05, in its entirety, may not be amended at any time without the
express written consent of the Declarant, or its successors-in-interest and/or assigns.
12.06 Notices.
Any required notice must be given by:
XII-5
0 0 240GO7
(a) Personal delivery to the location of the addre'ss of the recipient of the Notice; or
(b) Mailing by first-class, registered or certified pre-paid U.S. mail (deemed given five
(5) days after deposit in the mail);
(c) Delivery by a reputable overnight courier service such as Federal Express, United
Parcel Service, etc. (deemed given upon delivery to the location of the address of the
recipient of the Notice); or
(d) Facsimile transmission (deemed given upon date of transmission upon confirmation of
receipt).
12.07 Partial Invalidity.
If any of this Declaration is declared invalid or in conflict with any relevant law, the
validity of the remainder of this Declaration will remain in full force and effect.
12.08 Number.
As required by the context of this Declaration, a singular grammatical reference
includes the plural application.
12.09 Attorneys' Fees.
In any legal action by an Owner(s) or the Association to enforce any provision of the
Governing Documents, the prevailing patty shall be awarded reasonable costs
(including attorney's fees).
XII-6
.ARTICLE XIII •
240007
PROVISIONS BENEFITTING THE CITY
13.01 Compliance With Law.
Declarant, the Association, and each Owner shall comply with all ordinances,
regulations and standards off the City applicable to the Property. Declarant, the
Association, and each Owner shall comply with all rules and regulations of any
assessment district of the City that the Property is subject to.
13.02 Maintenance.
(a) Each Owner and the Association shall be responsible for the maintenance of all
improvements that may exist on said Owner's Unit or the Common Area from time to
time, including, without limitation, buildings, sidewalks, parking lots, lighting, signs,
planters, irrigation and drainage facilities, walls and facades, at all tunes in first class
condition or repair, and in good working order, and shall keep the property neat,
clean and sanitary, free from any accumulation of debris or waste materials. Each
Owner and the Association, as the case may be, shall promptly make all necessary
replacements, repairs and alterations. All sidewalks and parking areas shall be
promptly swept and cleaned.
(b) All landscaping, including vegetation, irrigation systems and earth mounding, shall be
installed as provided in the landscape plan and shall be permanently maintained in
good, first class condition, healthy, without deterioration, and free of waste and
debris. Dead or diseased plants shall be promptly replaced with landscaping similar
in type, size and quality. The automatic irrigation systems shall be properly
maintained and other reasonable and adequate landscape maintenance facilities shall be
provided to fill the foregoing requirements.
(c) The Property shall be maintained in such manner as to avoid the reasonable
determination of a duly authorized official of the City that a public nuisance has been
created by the absence of adequate maintenance such as to be detrimental to public
health, safety or general welfare, or such condition or deterioration or disrepair
causes appreciable harm or has been truly detrimental to property or improvements
without one thousand feet (1,000') of such portion of the Property. The Property
shall be kept and maintained to be in conformity with the landscaping maintenance
standards of the City.
XIII-1
13.03 Enforcement Bye City. • 240GrG7
The Public Parcel consists of fee ownership and easement interests in streets,
sidewalks, open space, parks and other areas located around and adjacent to the
Property. Each Owner acknowledges by acceptance of the deed or other conveyance
therefor, whether or not it shall be expressed in any such deed or other instrument,
that each of the covenants, conditions and restrictions set forth in this Article benefit
the Public Parcel and the City, and that the City has a substantial interest to be
protected with regard to assuring compliance with, and enforcement or, these
covenants, conditions and restrictions and any amendments thereto. All such
covenants, conditions and restrictions shall be enforceable by the City by proceedings
at law or in equity or my any method available to the Association as provided
elsewhere in this Declaration.
In furtherance thereof, the City shall have the same rights and remedies to enforce a
breach of a provision of this Declaration that is enforceable by the City that the
Association has to enforce a breach of this Declaration, including the right to enter
upon all or any portion of the Property to remedy said breach at the expense of the
violating party and to charge an assessment against an Owner or the Association for a
breach of a provision of this Declaration that is enforceable by the City, upon
providing the Owner or the Association with such notices and hearing opportunities as
the Association is obligated to provide an Owner for such a breach as more
particularly set forth elsewhere in this Declaration, In the event said breach has been
committed by an Owner, the City may enforce the foregoing rights against either the
Association or the breaching Owner. If the City exercises its enforcement rights
against the Association for a breach by an Owner, the City shall extend the time in
which the Association must cure the breach by the Owner for so long as the
Association is diligently attempting to cause the breaching Owner to cure the breach.
If the Association has the right to assess the breaching Owner for such a breach and if
said breach by the Owner has not been cured by the Association or the breaching
Owner within the times provided herein, the City may elect either to assess the
Association or the breaching Owner for the breach. If the City elects to assess the
Association for breach committed by an Owner, the Association shall have the right to
pass the assessment on to the breaching Owner. Upon the failure of the Owner or the
Association to pay such assessment to the City, the City shall have the same rights
against said Owner or the Association that the Association would have against an
Owner for failure to pay such an assessment as more particularly set forth elsewhere
in this Declaration, including any lien rights. Any lien against the Association shall
be a lien against the entire Coimnon Areas.
13.04 No City Liability.
The granting of a right of enforcement to the City does not create a mandatory duty
on the part of the City to enforce any provision of this Declaration. The failure of the
City to enforce this Declaration shall not give rise to a cause of action on the part of
any person. No officer or employee of the City shall be personally liable to the
Declarant, the Association, or any Owner, for any default or breach by the City under
this Declaration.
XIII-2
13.05 Amendments. • 1 • 24007
Any amendment to any provision of this Article or to any other provisions of this
Declaration enforceable by the City shall require the prior written consent of the City.
13.06 Covenants Running With the Land.
Declarant hereby declares that all of the Property shall be held, sold, conveyed,
encumbered, hypothecated, leased, used, occupied and improved subject to the
restrictions, covenants, conditions and equitable servitude set forth in this Article, all
of which are for the purpose of uniformly enhancing or protecting the value,
attractiveness and desireablilty of the Property. The covenants, conditions,
restrictions, reservations, equitable servitudes, liens and charges set forth herein shall
run with the Property and shall be binding upon all persons having any right, title, or
interest in the Property, or any part thereof, their heirs, successive Owners and
assignees; shall inure to the benefit of every portion of the Public Parcel and any
interest therein; and shall inure to the benefit of and be binding upon Declarant, the
City and their successors and assigns and successors-in-interest; and may be enforced
by the City.
13.07 Agreement Between Declarant and City.
The Declarant, in exchange for the granting of the Governmental Approval, hereby
agrees to hold, sell and convey the Property subject to the covenants, conditions,
restrictions and reservations contained in this Article. Declarant also grants to the
City the right and power to enforce the covenants, conditions, restrictions and
reservations contained in this Article against the Declarant and all persons having any
right, title or interest in the Property, or any part thereof, their heirs, successive
Owners and assigns and successors-in-interest.
13.08 Notices.
Any notices to be provided to the City as provided in this Declaration, shall be
provided to the following addresses:
To City: City of Palm Springs
P.O. Box 2743
Palm Springs, CA 92263
Attn: Planning Director Doug Evans
With Copy To: Rutan & Tucker
612 Anton Boulevard, Suite 1400
Costa Mesa, CA 92626
Attn: David J. Aleshire, Esq.
XI1I-3
� 2400U'�
IN WITNESS AREOF, the undersigned, being the Declarant, has executed this
Declaration for Tract No. 26333 on the day and year first written above.
DECLARANT:
EL SONORA ASSOCIATES
v
By: .�� i5, sT1/94xcry By:<.4wi2Ex/<c�� • w/�ciS
its: !rEk'sR,9 i°/+" �T �' its: Nl -tz q I'�FNiTNE'2
STATE OF CALIFORNIA )
COUNTY OF /j ✓6 ss.
On ) Li I 1999 , before me, the undersigned, a Notary Public in and
for said State, personally appeared:
V,"�N G `-r,'I216r y A,-o
['k] Personally known to me, - OR - [ ] Proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/ �e>subscribed to the within instrument and
acknowledged to me that he/she/cee))executed the same in his/her/their uthorized
capacity(ies), and that by his/her/tfie gnature(s) on the instrument the person(s) or the
entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my
hand and official seal. All
(SEAL) 11
Notary Public
GLENN KAYLOR
3 ir COM x 1M5oe g
NOTMYR&9•CMF0L
d Orr CM4
+c, NY Comm.EVh3 Oct 31.19M '�
240007
IN WITNESS W REOF, the undersigned, being the CiEy, has executed this
Declaration for Tract No. 26333 on the day and year first,written above.
APPROVED RYTH` CETYCOUNCIL
CITY: BY �-
CITY OF PALM SPRINGS, a municipal corporation
J
X ��—�- `_�� X
its: �r its:CITY CLERK
its:
STATE OF CALRNIA Y )
COUNTY OF L �1 �� ) ss.
On 19911.,5;before me, the undersigned, a Notary Public in and
foXgaid S te, personally appeared: ( `
[ Personally known to me, - OR —[�r7 roved-to-me on--the-basis--of-satisfactory-evidence
t be the personrs >whose name((Pis/are subscribed to the within instrument and
acknowledged to me that he/sheag—E cecuted the same in his/horr"ltheir uthorized
capacit ies) and that by his/heT�f r>signature(_s), on the instrument the person(S�,or the
entity upon behalf of which the person ;l acted, executed the instrument. WITNESS my
hand and official seal.
(SEAL)
Notary Public
Nota
ELAINEPub L.WEDEICIND
a a4 C ryOMub d`1Q48857
lic—Cailfornia ti
z RIVERSIDE CO Ty
My Comm.Expires FEB 3.1999 �$
240007
SUBORDINATION BY LIENHOLDER
EL CIELO VILLAS, a California partnership, as Beneficiary under the following
Deed(s) of"Crust which covers) the real property described in the Declaration of
Covenants, Conditions, Restrictions and Easements for Tract No. 26333 to which this"
instrmlent is attached, hereby approves and consents to Lhe recording of this Declaration of
Covenants, Conditions, Restrictions and Easements, and agrees that the lien(s) of said
Deeds) of Trust shall be subordinated to and subject to each and every provision of the
Declaration and any future amendments not affecting the beneficial interest. The signing of
this Subordination by Lienholder by any Mortgagee shall not constitute said Lienholdees
subordination to any future Assessment liens.
Deed of Trust recorded on Janm►ry 22, 1991 as Instrument No. 23401 of the
Official Records of the Riverside County Recorder.
EL Q VII.LAS
a C ' o is panne
X
hip
Q
its: its:
STATE OF CALIFORNIA )
COUNTY OF O e ) ss.
On }v°t`' �lJ 199_5 before me, the undersigned, allotary Public in
and for said Aate, personally appeared:
l Lk)J"('�/1 C
[ ] Personally known to me, - OR - [ ] Proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) istare subscribed to the within instrument and
acknowledged to me that helshe/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. WITNESS my
hand and official seal.
(SEAL) r �s °c'�, _ EE]� [i0[dlfh
11 ` ` g'" Notary Public
�, € CacUm.,'IQ?I506 .
Y' :a y o P10TFlR`f PUOLIC-CALlro Ul0.
CranEe cauniy A
tdy E4ires June 3'1993
(Le
°+<,—Fa'r,+w��" Cornet. a ..I
EXHIBIT "A" 24000'7
PROPERTY
Lots 1 through 26 of Tract No. 26333, in the City of
Palm Springs, as per Map filed in Book --204
—,
Pages 5dt-SS _, inclusive, of Maps, in the
Office of the County Recorder of Riverside County.
24000"7
EXHIBIT "B"
COMMON AREA LOT(S)
Lots A, B, D, E, F, Gi, H, I, and J of Tract No. 26333,
in the City of Palm Springs, as per Map filed in Book
,,'-Z5 t1- , Pages inclusive, of
Maps, in the Office of the County Recorder of
Riverside County.
•
EXHIBIT "C"
240007
CALIFORNIA CIVIL CODE SIECTIONS 1354, 1365, 1365.5, 1365.7 and 1366
Current as of 12/13/93
[ Page 1 of 11 ]
§ 1354. Covenants and restrictions in declaration as equitable servitudes; enforcement
(a) The covenants and restrictions in the declaration shall be enforceable
equitable servitudes, unless unreasonable, and shall inure to the benefit of and bind all
owners of separate interests in the development. Unless the declaration states otherwise,
these servitudes may be enforced by any owner of a separate interest or by the association,
or by both.
(b) Unless the applicable time limitation for commencing the action would run
within 120 days, prior to the filing of a civil action by either an association or an owner or
a member of a common interest development solely for declaratory relief or injunctive
relief, or for declaratory relief or injunctive relief in conjunction with a claim for monetary
damages, other than association assessments, not in excess of five thousand dollars ($
5,000), related to the enforcement of the governing documents, the parties shall endeavor,
as provided in this subdivision, to submit their dispute to a form of alternative dispute
resolution such as mediation or arbitration. The form of alternative dispute resolution
chosen may be binding or nonbinding at the option of the parties. Any party to such a
dispute may initiate this process by serving on another party to the dispute a request for
resolution. The request for resolution shall include:
(1) A brief description of the dispute between the parties,
(2) A request for alternative dispute resolution, and
(3) A notice that the party receiving the request for resolution is required to
respond thereto within 30 days of receipt or it will be deemed rejected. Service of the
request for resolution shall be in the same manner as prescribed for service in a small
claims action as provided in section 116.340 Of the code of civil procedure. Parties
receiving a request for resolution shall have 30 days following service of the request for
resolution to accept or reject alternative dispute resolution and, if not accepted within the
30-day period by a party, shall be deemed rejected by that party. If alternative dispute
resolution is accepted by the party upon whom the request for resolution is served, the
alternative dispute resolution shall be completed within 90 days of receipt of the acceptance
by the party initiating the request for resolution, unless extended by written stipulation
signed by both parties. The costs of the alternative dispute resolution shall be borne by the
parties.
240007
EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 2 of 11 ]
(c) At the time of filing a civil action by either an association or an owner or a
member of a common interest development solely for declaratory relief or injimetive relief,
or for declaratory relief or injunctive relief in conjunction with a claim for monetary
darnages, other than association assessments, not in excess of five thousand dollars ($
5,000), related to the enforcement of the governing documents, the party filing the action
shall file with the complaint a certificate stating that alternative dispute resolution
has been completed in compliance with subdivision (b).
The failure to file a certificate as required by subdivision (b) shall be grounds for a
demurrer pursuant to section 43 0.10 Of the code of civil procedure or a motion to strike
pursuant to section 435 of the code of civil procedure unless the filing party certifies in
writing that one of the other parties to the dispute refused alternative dispute resolution
prior to the filing of the complaint, that preliminary or temporary injunctive relief is
necessary, or that alternative dispute resolution is not required by subdivision (b), because
the limitation period for bringing the action would have run within the 120-day period next
following the filing of the action, or the court finds that dismissal of the action for failure
to comply with subdivision (b) would result in substantial prejudice to one of the parties.
(d) Once a civil action specified in subdivision (a) to enforce the governing
documents has been filed by either an association or an owner or member of a cormnon
interest development, upon written stipulation of the parties the matter may be referred to
alternative dispute resolution and stayed. The costs of the alternative dispute resolution shall
be borne by the parties. During this referral, the action shall not be subject to the rules
implementing subdivision (c) of section 68603 of the government code.
(e) The requirernents of subdivisions (b) and (c) shall not apply to the filing of a
cross-complaint.
(f) In any action specified in subdivision (a) to enforce the governing documents,
the prevailing party shall be awarded reasonable attorney's fees and costs. Upon motion by
any party for attorney's fees and costs to be awarded to the prevailing party in these
actions, the court, in determining the amount of the award, may consider a party's refusal to
participate in alternative dispute resolution prior to the filing of the action.
(g) Unless consented to by both parties to alternative dispute resolution that is
initiated by a request for resolution under subdivision (b), evidence of anything said or of
admissions made in the course of the alternative dispute resolution process shall not be
admissible in evidence, and testimony or disclosure of such a statement or admission may
not be compelled, in any civil action in which, pursuant to law, testimony can be compelled
to be given.
240007
EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 3 of 11 ]
(h) Unless consented to by both parties to alternative dispute resolution that is
initiated by a request for resolution under subdivision (b), documents prepared for the
purpose or in the course of, or pursuant to, the alternative dispute resolution shall not be
admissible in evidence, and disclosure of these documents may not be compelled, in any
civil action in which, pursuant to law, testimony can be compelled to be given.
(i) Members of the association shall annually be provided a sununary of the
provisions of this section, which specifically references this section. The summary shall
include the following language:
"Failure by any member of the association to comply with the prefiling requirements of
section 1354 of the civil code may result in the loss of your rights to sue the association or
another member of the association regarding enforcement of the governing documents."
The summary shall be provided either at the time the pro forma budget required by
section 1365 is distributed or in the manner specified in section 5016 of the corporations
code.
0) Any request for resolution sent to the owner of a separate interest pursuant to
subdivision (b) shall include a copy of this section.
§ 1365. Documents prepared and distributed by associations
Unless the declaration imposes more stringent standards, the association shall
prepare and distribute to all its members the following documents:
(a) A pro forma operating budget, which shall include all of the following:
(1) The estimated revenue and expenses on an accrual basis.
(2) A summary of the association's reserves based upon the most recent review or
study conducted pursuant to Section 1365.5, which shall be printed in bold type and include
all of the following:
(A) The current estimated replacement cost, estimated remaining life, and estimated
useful life of each major component.
• 24000'7
]EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 4of11 ]
(B) As of the end of the fiscal year for which the study is prepared:
(i) The current estimate of the amount of cash reserves necessary to repair, replace,
restore, or maintain the major components.
(ii) The current amount of accumulated cash reserves actually set aside to repair,
replace, restore, or maintain major components.
(C) The percentage that the amount determined for purposes of clause (ii) of
subparagraph (B) is of the amount determined for purposes of clause (i) of subparagraph
(B).
(3) A statement as to whether the board of directors of the association has
determined or anticipates that the levy of one or more special assessments will be required
to repair, replace, or restore any major component or to provide adequate reserves therefor.
(4) A general statement addressing the procedures used for the calculation and
establishment of those reserves to defray the future repair, replacement, or additions to
those major components that the association is obligated to maintain.
The summary of the association's reserves disclosed pursuant to paragraph (2) shall
not be admissible in evidence to show improper financial management of an association,
provided that other relevant and competent evidence of the financial condition of the
association is not made inadmissible by this provision.
A copy of the operating budget shall be annually distributed not less than 45 days
nor more than 60 days prior to the beginning of the association's fiscal year.
(b) A review of the financial statement of the association shall be prepared in
accordance with generally accepted accounting principles by a licensee of the California
State Board of Accountancy for any fiscal year in which the gross income to the association
exceeds seventy-five thousand dollars ($75,000). A copy of the review of the financial
statement shall be distributed within 120 days after the close of each fiscal year.
24O007
(EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 5 of 11 ]
(c) In lieu of the distribution of the pro forma operating budget required by
subdivision (a), the board of directors may elect to distribute a summary of the pro forma
operating budget to all its members wilh a written notice that the pro forma operating
budget is available at the business office of the association or at another suitable location
within the boundaries of the development and that copies will be provided upon request and
at the expense of the association. If any member requests that a copy of the pro forma
operating budget required by subdivision (a) be mailed to the member, the association shall
provide the copy to the member by first-class United States mail at the expense of the
association and delivered within five days. The written notice that is distributed to each of
the association members shall be in at least 10- point bold type on the front page of the
summary of the budget.
(d) A statement describing the association's policies and practices in enforcing lien
rights or other legal remedies for default in payment of its assessments against its members
shall be annually delivered to the members during the 60-day period immediately preceding
the begirming of the association's fiscal year.
§ 1365.5. Board of directors; duties
(a) Unless the governing documents impose more stringent standards, the board of
directors of the association shall do all of the following:
(1) Review a current reconciliation of the association's operating accounts on at least
a quarterly basis.
(2) Review a current reconciliation of the association's reserve accounts on at least a
quarterly basis.
(3) Review, on at least a quarterly basis, the current year's actual reserve revenues
and expenses compared to the current year's budget.
(4) Review the latest account statements prepared by the financial institutions where
the association has its operating and reserve accounts.
(5) Review an income and expense statement for the association's operating and
reserve accounts on at least a quarterly basis.
EXHIBIT "C„ 240007
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 6 of 11 ]
(b) The signatures of at least two persons, who shall be members of the association's
board of directors, or one officer who is not a member of the board of directors and a
member of the board of directors, shall be required for the withdrawal of moneys from the
association's reserve accounts.
(c)(1) The board of directors shall not expend funds designated as reserve funds for
any purpose other than the repair, restoration, replacement, or maintenance of, or litigation
involving the repair, restoration, replacement, or maintenance of, major components which
the association is obligated to repair, restore, replace, or maintain and for which the reserve
fund was established.
(c)(2) However, the board may authorize the temporary transfer of money from a
reserve fund to the association's general operating fund to meet short-term cash-flow
requirements or other expenses, provided the board has made a written finding, recorded in
the board's minutes, explaining the reasons that the transfer is needed and describing when
and how the money will be repaid to the reserve fimd. The transferred funds shall be
restored to the reserve fund within one year of the date of the initial transfer, except that
the board may, upon making a finding supported by documentation that a temporary delay
would be in the best interests of the common interest development, temporarily delay the
restoration. The board shall exercise prudent fiscal management in delaying restoration of
these funds and in restoring the expended funds to the reserve account, and shall, if
necessary, levy a special assessment to recover the full amount of the expended funds
within the time limits required by this section. This special assessment is subject to the
limitation imposed by Section 1366, unless the special assessment is to pay for legal costs
associated with litigation involving the repair, restoration, replacement, or maintenance of,
major components which the association is obligated to repair, restore, replace, or maintain.
The board may, at its discretion, extend[ the date the payment on the special assessment is
due. Any extension shall not prevent the board from pursuing any legal remedy to enforce
the collection of an unpaid special assessment.
(d) When the decision is made to use reserve funds or to temporarily transfer money
from the reserve fund to pay for litigation, the association shall notify the members of the
association of that decision in the next available mailing to all members pursuant to Section
5016 of the Corporations Code, and of the availability of an accounting of those expenses.
Unless the governing documents impose more stringent standards, the association shall
make an accounting of expenses related[ to the litigation on at least a quarterly basis. The
accounting shall be made available for inspection by members of the association at the
association's office.
• • 240007
EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 7 of 11 ]
(e) At least once every three years the board of directors shall cause a study of the
reserve account requirements of the common interest development to be conducted if the
current replacement value of the major components which the association is obligated to
repair, replace, restore, or maintain is equal to or greater than one-half of the gross budget
of the association for any fiscal year. The board shall review this study annually and shall
consider and implement necessary adjustments to the board's analysis of the reserve
account requirements as a result of that review.
The study required by this subdivision shall at a minimum include:
(1) Identification of the major components which the association is obligated to
repair, replace, restore, or maintain which, as of the date of the study, have a remaining
useful life of less than 30 years.
(2) Identification of the probable remaining useful life of the components identified
in paragraph (1) as of the date of the study.
(3) An estimate of the cost of repair, replacement, restoration, or maintenance of the
components identified in paragraph (1) during and at the end of their useful life.
(4) An estimate of the total annual contribution necessary to defray the cost to
repair, replace, restore, or maintain the components identified in paragraph (1) during and
at the end of their useful life, after subtracting total reserve finds as of the date of the
study.
(f) As used in this section, "reserve accounts" means moneys that the association's
board of directors has identified for use: to defray the fixture repair or replacement of, or
additions to, those major components which the association is obligated to maintain.
(g) As used in this section, "reserve account requirements" means the estimated
finds which the association's board of directors has determined are required to be available
at a specified point in time to repair, replace, or restore those major components which the
association is obligated to maintain.
(h) This section does not apply to an association that does not have a "common
area" as defined in Section 1351.
EXHIBIT „C" 240007
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 8 of 11 ]
§ 1365.7. Tortious act or omission of volunteer officer or director of association
managing residential development; liability; criteria; limitations
(a) A volunteer officer or volunteer director of an association , as defined in
subdivision (a) of Section 1351, which manages a common interest development that is
exclusively residential, shall not be personally liable in excess of the coverage of insurance
specified in paragraph (4) to any person who suffers injury, including, but not limited to,
bodily injury, emotional distress, wrongful death, or property damage or loss as a result of
the tortious act or omission of the volunteer officer or volunteer director if all of the
following criteria are met:
(1) The act or omission was performed within the scope of the officer's or director's
association duties.
(2) The act or omission was performed in good faith.
(3) The act or omission was not willful, wanton, or grossly negligent.
(4) The association maintained and had in effect at the time the act or omission
occurred and at the time a claim is made one or more policies of insurance which shall
include coverage for (A) general liability of the association and (B) individual liability of
officers and directors of the association for negligent acts or omissions in that capacity;
provided, that both types of coverage are in the following minimum amount:
(A) At least five hundred thousand dollars ($500,000) if the common interest
development consists of 100 or fewer separate interests.
(B) At least one million dollars ($1,000,000) if the common interest development
consists of more than 100 separate interests.
(b) The payment of actual expenses incurred by a director or officer in the execution
of the duties of that position does not affect the director's or officer's status as a volunteer
within the meaning of this section.
EXHIBIT "C" 24O007
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 9 of 11 ]
(c) An officer or director who at the time of the act or omission was a declarant, as
defined in subdivision (g) of Section 1351, or who received either direct or indirect
compensation as an employee from the declarant, or from a financial institution that
purchased a separate interest, as defined in subdivision (1) of Section 1351, at a judicial or
nonjudicial foreclosure of a mortgage or deed of trust on real property, is not a volunteer
for the purposes of this section.
(d) Nothing in this section shall be construed to limit the liability of the association
for its negligent act or omission or for any negligent act or omission of an officer or
director of the association.
(e) This section shall orrly apply to a volunteer officer or director who is a tenant of
a separate interest in the common interest development or is an owner of no more than two
separate interests in the common interest development.
§ 1366. Levy of assessments; limitation on increases; delinquent assessments; interest
(a) Except as provided in this section, the association shall levy regular and special
assessments sufficient to perform its obligations under the governing documents and this
title. However, annual increases in regular assessments for any fiscal year, as authorized by
subdivision (b), shall not be imposed unless the board has complied with subdivision (a) of
Section 1365 with respect to that fiscal year, or has obtained the approval of owners,
constituting a quorum, casting a majority of the votes at a meeting or election of the
association conducted in accordance with Chapter 5 (commencing with Section 7510) of
Part 3 of Division 2 of Title 1 of the Corporations Code and Section 7613 of the
Corporations Code. For the purposes of this section, "quorum" means more than 50 percent
of the owners of an association.
24000'7
EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 10 of 11 ]
(b) Notwithstanding more restrictive limitations placed on the board by the
governing documents, the board of directors may not impose a regular assessment that is
more than 20 percent greater than the regular assessment for the association's preceding
fiscal year or impose special assessments which in the aggregate exceed 5 percent of the
budgeted gross expenses of the association for that fiscal year without the approval of
owners, constituting a quorum, casting a majority of the votes at a meeting or election of
the association conducted in accordance with Chapter 5 (commencing with Section 7510) of
Part 3 of Division 2 of Title 1 of the Corporations Code and Section 7613 of the
Corporations Code. For the purposes of this section, quorum means more than 50 percent
of the owners of an association. This section does not limit assessment increases necessary
for emergency situations. For purposes of this section, an emergency situation is any one
of the following:
(1) An extraordinary expense required by an order of a court.
(2) An extraordinary expense necessary to repair or maintain the common interest
development or any part of it for which the association is responsible where a threat to
personal safety on the property is discovered.
(3) An extraordinary expense necessary to repair or maintain the common interest
development or any part of it for which the association is responsible that could not have
been reasonably foreseen by the board in preparing and distributing the pro forma operating
budget under Section 1365. However, prior to the imposition or collection of an
assessment under this subdivision, the board shall pass a resolution containing written
findings as to the necessity of the extraordinary expense involved and why the expense was
not or could not have been reasonably foreseen in the budgeting process, and the resolution
shall be distributed to the members with the notice of assessment.
(4) An extraordinary expense in malting the first payment of the earthquake
insurance surcharge pursuant to Section 5003 of the Insurance Code.
(c) The association shall provide notice by first-class mail to the owners of the
separate interests of any increase in the regular or special assessments of the association,
not less than 30 nor more than 60 days prior to the increased assessment becoming due.
(d) Regular and special assessments levied pursuant to the governing documents are
delinquent 15 days after they become due. If an assessment is delinquent the association
may recover all of the following:
24Ooo7
EXHIBIT "C"
CALIFORNIA CIVIL CODE SECTIONS 1354, 1365, 1365.5, and 1366
Current as of 12/13/93
[ Page 11 of 11 ]
(1) Reasonable costs incurred in collecting the delinquent assessment, including
reasonable attorney's fees.
(2) A late charge not exceeding 10 percent of the delinquent assessment or ten
dollars ($10), whichever is greater, Luiless the declaration specifies a late charge in a smaller
ammint, in which case any late charge imposed shall not exceed the amount specified in the
declaration.
(3) Interest on all sums imposed in accordance with this section, including the
delinquent assessment, reasonable costs of collection, and late charges, at an annual
percentage rate not to exceed 12 percent interest, commencing 30 days after the assessment
becomes due.
(e) Associations are hereby exempted from interest-rate limitations imposed by
Article XV of the California Constitution, subject to the limitations of this section.
240007
ADVANCED ENGI&RING GROUP, INC.
�— CIVIL ENGINEERS AND LAND SURVEYORS
90-416X
O DESCRIPTION
(Ei sEPKMr FROM LOT 2 TO LOT 1 )
In the City of Palm Springs, County of Riverside, State of Cali-
fornia, that portion of Lot 2, Tract No . 26333 as shown on Map
Book ;?S Pages S to inclusive , Official
Records of Riverside County, described as follows :
COMMENCING AT THE SOUTHWEST CORNER OF SIAD LOT 2 ;
THENCE EASTERLY ALONG THE SOUTHLINE OF LOT 2 , SOUTH 89053 ' 17"
EAST, 42 . 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTHLINE, NORTH 00006 ' 43 ' EAST,
5 . 00 FEET;
THENCE EASTERLY & PARALLEL TO THE SAID SOUTHLINE OF LOT 2 , SOUTH
89- 53"17 ' EAST, 24 . 00 FEET;
THENCE PERPENDICULAR TO THE; LAST COURSE, SOUTI3 00006 ' 43 ' WEST,
5 . 00 FEET, TO THE SAID SOUTHLINE OF LOT 2;
THENCE WESTERLY ALONG SAID SOUTHLINE NORTH 89053 ' 17" WEST, 24 . 00
FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 120 . 00 SQ. FT.
f: 90416leg. 001
74-140 EL PASED. SUITE 2B . PALM DESERT. CA 9226D •TEL. (619) 341 -6660 FAX (619) 346-61 16
4
Cm ADVANCED ENGIIWRING000'7 GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-41 6X
O LL3AL DESCQiPTICK
JE&MMT FROM LOT . T,� LOT 2)
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 1 , Tract No. 26333 as shown on Map
Book Ll-4 , Pages � to r�
� inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 ;
THENCE EASTERLY ALONG THE; NORTH LINE OF SAID LOT 1 SOUTH 890
53 ' 17" EAST, 66 .00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO THE SAID NORTH LINE, SOUTH 000 06 ' 43"
WEST, 3 .00 FEET;
THENCE PARALLEL TO SAID NORTH LINE SOUTH 89° 53 ' 17" EAST, 8 . 00
FEET;
THENCE NORTH 34044 ' 27" EAST, 3 . 65 FEET TO THE SAID NORTH LINE;
HENCE WESTERLY ALONG SAID NORTH LINE NORTH 89° 53 ' 17" WEST, 10 . 08
FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 27 . 11 SQ. FT.
1
//I
'�. 74-140 EL PASED, SUITE 2E3 • PALM DESERT, CA 92260 -TEL. (619) 341 -6660 FAX (61 9) 346.61 1 B J
ADVANCED ENGI RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
-41 X
O LW31IL DESCRIPTION
(EASB!ffiIP IrROK I P 2 TO LOT 71
In the City of Palm Springs„ County of Riverside, State of CALI-
FORNIA, that portion of Lot. 2, Tract No. 26333 as shown on Map
Book ,_ , Pages S to �� inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 2;
THENCE WESTERLY ALONG THE NORTH LINE-„OF SAID LOT 2, NORTH 89°
53 - 17" WEST, 24.35 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE SAID SOUTH LINE, NORTH 89053 ' 17"
WEST, 29 .93 FEET;
THENCE NORTH 34044 ' 27" EAST, 3 . 65 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, NORTH 89' 53 ' 17" WEST, 29 . 93
FEET;
THENCE PERPENDICULAR TO THE SAID SOUTH LINE, SOUTH 00° 06 ' 43"
WEST, 3 . 00 FEET TO THE SAID SOUTH LINE, AND THE POINT OF BEGIN-
NING.
THIS EASEMENT CONTAINS 86 . 67 SQ. FT.
F; 90416LEG. 003
74-1413 EL PASEO, SUITE 28 • PALM DESERT, CA 92260 -TEL. (619) 341 -6660 FAX (61 9) 346-61 1 8 ��
24000'7
ADVANCED ENGI RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
90 6
O LE(�iL DESCRIPTION
(EA.Sffi�@fP FROIR LOT 2 T= LOT 3)
In the City of Pal- Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 2, Tract No. 26333 as shown on Map
Book �, Pages c5 _ to � inclusive, Official Records of
Riverside County, described as follows:
C@!ffiiCING AT THE NORTHEAST CORNER OF SAID LOT 2;
THENCE WESTERLY ALONG THE: L40RTH LINE OF SAID L07 2, MIRTH 89°
53'17" NEST, 18.04 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG THE SAID NORTH LINE, NORTH 89- 53 ' 17"
NEST, 35.00 FEET;
THENCE PERPENDICULAR TO THE SAID NORTH LINE, SOUTH 000 06 ' 43"
NEST, 1 .00 FEET;
THENCE PARALLEL TO SAID WORTH LINE, SOUTH 890 53 ' 179° EAST, 35.00
FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH 00° 06 ' 43" EAST,
1 .00 FOOT TO THE POINT OF BEGIIffTIIffG_
THIS EASIME&T CONTAINS 35.00 SQ. FT-
F;90416LEG.004
1
' _ 74-140 EL PAS ED. SUITE 28 • PALM DESERT, CA 92260 •TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 B
24000'7 ..
ADVANCED ENGAERING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
1
-416X
O LSCAI. DSSC82PTION
1EASEKENP FROM LOT 4 TO LOT
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 4, Tract No . 26333 as shown on Map
Book ,: ,4- , Pages � to inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 4;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 4, NORTH 890
53 ' 17" WEST, 24. 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO THE SAID SOUTH LINE , NORTH 00006 ' 43"
EAST, 7 . 00 FEET;
THENCE PARALLEL TO THE SAID SOUTH LINE, NORTH 890 53 ' 17" WEST,
18 . 00 FEET;
THENCE PERPENDICULAR TO THE SAID SOUTH LINE, SOUTH 000 06 ' 43"
WEST, 7 . 00 FEET TO THE SAID SOUTH LINE;
THENCE EASTERLY ALONG THE SAID SOUTH LINE, SOUTH 89053 ' 17" EAST,
18 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS '108 . 00 SQ. FT.
F:90416LEG. 005
74-1 4D EL PASEC, SUITE 2S • PALM DESERT, CA 92260 •TEL. (6 1 9) 34 1 -666❑ FAX (61 9) 346-61 le ��
2409, 0 7
SL ADVANCED ENGI&RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
rm
-41 6X
O LEGAL =90UPTION
I
(EASEPIMT FROM LOT I To LOT 1
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 3, Tract No. 26333 as shown on Map
Book ^ , Pages a P, to 55- inclusive, Official Records of
Riverside County, described as follows:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 3;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 3 , SOUTH 890
53 ' 17" EAST, 40 . 97 FEET, TO AN ANGLE POINT ON THE SAID NORTH LINE
OF SAID LOT 3 ;
THENCE SOUTHEASTERLY, ALONG THE PROPERTY LINE BETWEEN LOTS 3 & 4,
SOUTH 27033 ' 15" EAST, 6. 77 FEET;
THENCE PARALLEL TO THE SAID NORTH LINE, NORTH 89053 ' 17" WEST,
44 . 12 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT 3 ;
THENCE NORTHERLY ALONG THE SAID WESTERLY LINE NORTH 00011 ' 40"
EAST, 6. 00 FEET, TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 255 . 28 SQ. FT.
F:90416LEG. 006
74-140 EL RASED. SUITE 23 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 B
240007
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
-416X
O I.E ,L DESCRIPTION
(EAsEPflMr nor 5_ M LOT 4)
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot: 5 , Tract No. 26333 as shown on Map
Book g5cit , Pages to inclusive, Official Records of
Riverside County, described as follows:
BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5 ;
THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LOT 5 , SOUTH 890
53 ' 17" EAST, 30 . 00 FEET, TO AN ANGLE POINT ON THE SAID SOUTH
LINE;
THENCE SOUTHEASTERLY ALONG THE PROPERTY LINE BETWEEN LOTS 4 & 5,
SOUTH 37017 ' 27" EAST, 10 . 12 FEET, TO AN ANGLE POINT ON THE MOST
SOUTHERLY LOT LINE OF SAID LOT 5;
THENCE EASTERLY ALONG SAID MOST SOUTHERLY LINE, SOUTH 89053 ' 17"
EAST, 10 . 00 FEET;
THENCE PERPENDICULAR TO THE LAST COURSE, NORTH 000 06 ' 43" EAST,
9 . 04 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, NORTH 89053 ' 17" WEST, 46 . 15
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 5;
THENCE SOUTHERLY ALONG THE WESTERLY LINE, SOUTH 00011 ' 40" WEST,
1 . 00 FOOT TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 151 . 24 SQ. FT.
7
74-140 EL PASEO, SUITE 22 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -6660 FAX (61 9) 346-61 1 6
240007
ADVANCED EN GI ERING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-41 6X
® LSC,�L DESCRIPTION
(EASEPIMT IMM LOT 4 TO LOT
In the City of Palm Springs,. County of Riverside, State of CALI-
FORNIA, that portion of Lot. 4, Tract No. 26333 as shown on Map
Book ' �:- , Pages to t;�� inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 4 , NORTH 890
53 - 17" WEST, 36. 00 FEET TO THE POINT 017 BEGINNING;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH 00006 ' 43" WEST,
3 . 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, NORTH 89053 ' 17" WEST, 18 . 00
FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, EIORTH 00006 ' 43" EAST,
3 . 00 FEET TO THE SAID NORTH LINE
.THENCE WESTERLY ALONG SAID NORTH LINE, SOUTH 890 53 ' 17" EAST,
18 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 54 . 00 SQ. FT.
F: 90416LEG. 008
I
a. 74-140 EL PASEO, SUITE 28 • PALM DESERT, DA 92260 •TEL. (61 9) 341 -666D FAX (61 9) 346-61 1 8 --'�//
24000'7
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-41 6X
O LEGAL DESCRIPTION
I
(SA,SBMERI'. FROM LOT Si TO LOT 6�
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 5 , Tract No. 26333 as shown on Map
Book i,; , Pages � to inclusive, Official Records of
Riverside County, described as follows:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5 ;
THENCE EASTERLY ALONG THE: NORTH LINE OF SAID LOT 5 , SOUTH 89`°
53 ' 17" EAST, 53 . 00 FEET TO AN ANGLE POINT IN SAID NORTH LINE;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH 000 06 ' 43" WEST,
2 . 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, NORTH 89053 ' 17" WEST, 53 . 00
FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 5;
THENCE NORTHERLY ALONG SAID WESTERLY LINE, NORTH 000.11 ' 40" EAST,
2 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 106 . 00 SQ. FT.
F:90416LEG. 009
74-140 EL PASEO, SUITE 28 • PALM DESERT, CA 92260 •TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 8 _/
240007
.ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
C
0-41 6X
O LECJIL DESCRIPTION
(EASEMENT FR IR LOT M LOT ,51
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 6, Tract No. 26333 as shown on Map
Book � ` , Pages to m inclusive, Official Records of
Riverside County, described as follows:
CMEENCING AT THE SOUTHEAST CORNER OF SAID LOT 6;
THENCE WKSTERLY ALONG yHE SOUTH LY:NE OF SAID LOT 6 NORTH 890
53'17" WEST, 44.00 FEET TO THE POINT OF BEGY E139G;
THENCE CONTINUING ALONG SAID SOUTH LINE, NORTH 89053' 1701 WEST,
16.00 FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 00006'43" BAST,
4.00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, SOUTH 89053 ' 17" EAST, 16.00
FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 00006' 43" WEST,
4.00 FEET TO THE POINT OF RuGTMTNG.
TEFIS E?_,SEMKNT CONTAMS 54-00 SQ., FT.
F:90416LEG.010
74-140 EL PASED, SUITE 28 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -6660 FAX (61 9) 346-61 1 B _-�
240007
jkDVANCED ENGINORING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
I
-41 6X
Il LEGAL DESCRIPTION
(EASEPUWr ;FROM LOT 6 TO LOT 7)
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot: 6, Tract No. 26333 as shown on Map
Book , Pages ��0- to ��� inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 6;
THENCE DUE EAST ALONG THE NORTH LINE OF SAID LOT 6, 34 . 00 FEET TO
THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAIL) NORTH LINE, EAST ., 17 . 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH, 4 . 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, WEST, 17 . 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH, 4 . 00 FEET TO THE
POINT OF BEGINNING.
THIS EASEMENT CONTAINS 68 . 00 SQ. FT.
F: 90416LEG. 011
I
74-14D EL PASED, SUITE 2B • PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-61 18
240007
® ) DVANCED ENGIN RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
i
l
i
-41 6X
12 LZC;A& DSSCSIPT=OA
(EASEMENT FRM LOT 7 TO I.OT
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 7 , Tract No. 26333 as shown on Map
Book � , Pages �, to �� inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 7 ;
THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 7 , NORTH 79°
42 ' 43" WEST, 20 . 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH 10017 ' 17" WEST,
4. 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, NORTH 79042 ' 43" WEST, 18 . 00
FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH 100 17 ' 17" EAST,
4 . 00 FEET TO SAID NORTH LINE;
THENCE SOUTHEASTERLY ALONG SAID NORTH LINE, SOUTH 79042 ' 43" EAST,
18 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 72 . 00 SQ. FT.
F: 90416LEG. 012
` 74-1 40 EL PASED, SUITE 213 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 S J /
24000'7
ADVANCED ENGINSERING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
I
0-416X
t3 IXGAy DSSCRSPTION
(HASEMENP FROM I.OT 13 TO LOT 12
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 13 , Tract No. 26333 as shown on Map
Book ate` , Pages _C,, to 5. inclusive, Official Records of
Riverside County, described as follows:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 13;
WHENCE SOUTHERLY ALONG THE EAST LIKE OF SAID LOT 13 , SOUTH 00°
06 ' 43" WEST, 4 . 00 FEET;
THENCE PERPENDICULAR TO SAND EAST LINE, NORTH 89053 ' 17" WEST,
37 . 00 FEET;
THENCE PARALLEL TO SAID EAST LINE, NORTH 00006 ' 43" EAST, 4 . 00
FEET TO THE NORTH LINE OF SAID LOT 13;
THENCE EASTERLY ALONG SAID NORTH LINE, SOUTH 89053 ' 17" EAST,
37 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 148 . 00 SQ. FT.
F:90416LEG. 016
`�. 74-140 EL PASE0. SUITE 26 • PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-6 1 1 S ��
240007
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-416X
14 LSGAL DESCRIPTION
(EASEMENT F!WK LOT 14 TO LOT 13
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 14 , Tract No. 26333 as shown on Map
Book '2�L�=, Pages to inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 14;
THENCE EASTERLY ALONG, THE NORTH LINE OF SAID LOT 14 , SOUTH 80°
34 ' 23" EAST, 13 . 00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 80034 ' 23" EAST,
16 . 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH, 09025 ' 37" WEST,
5 . 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, NORTH 80034 ' 23" WEST, 16 . 00
FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH 09025 ' 37" EAST,
5 . 00 FEET TO SAID SOUTH LINE;
THIS EASEMENT CONTAINS 80 . 00 SQ. FT.
F: 90416LEG. 014
I
ti 74-140 EL PASED, SUITE 2E3 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666D FAX (61 9) 346-61 1 8 ��
*24000'7
AI=:
ADVANCED ENGIN RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
90-416X
16 L DESCRIPTION
(EASEKERT E99M LOT 14 TO LOT 13
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 14, Tract No. 26333 as shown on Map
Book �4 4- , Pages to ��' inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 14;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 14 , SOUTH SO
34 ' 23"' EAST, 57. 51 FEET TO T13E POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 80034 ' 23" EAST,
32. 00 FEET;
THENCE PERPENDICULAR TO SAII) NORTH LINE, SOUTH, 09025 ' 37" WEST,
5 . 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE, NORTH 80034 ' 23" WEST, 32 . 00
FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH 09025 ' 37" EAST,
5 . 00 FEET TO A POINT ON SAID SOUTH LINE;
THIS EASEMENT CONTAINS 160 . 00 SQ. FT.
F: 90416LEG. 015
74-140 EL PASEO, SUITE 2B • PALM DESERT, CA 92260 •TEL. (61 9) 34 7-66611 FAX (61 9) 346-61 1 B
��l000'7
oq ADVANCED EN GI RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
I
-41 6x
14 LHG;AL DESCRIPTICM
1EASEPEmT ]FROM Lar 14 TO LOT 15
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 14 , Tract No. 26333 as shown on Map
Book , Pages � to inclusive, Official Records of
Riverside County, described, as follows :
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 14;
THENCE EASTERLY ALONG THE SOUTH LINE. OF SAID LOT 14 , SOUTH 890
53 ' 17" EAST, 14 . 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH, 00006 ' 43" EAST,
7 . 00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, SOUTH 89° 53 ' 17" EAST, 18 . 00
FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 000 06 ' 43" WEST,
7 . 00 FEET TO A POINT ON SAID SOUTH 'LINE;
THENCE WESTERLY ALONG SAND SOUTH LINE, NORTH 89053 ' 17" WEST,
18 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 126 . 00 SQ. FT.
F:90416LEG. 013
74-140 EL PASEO, SUITE 213 • PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 S J
. z4oaa'�
ADVANCED ENGI RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-41 6X
1l LSG,AL DESCRIPTION
(EA.SB[IMT j?FJ)I9 LOT !I TO LOT 17
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 18, Tract No. 26333 as shown on Map
Book r;L�' , Pages IS;,0, to �`a inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 18;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 18 , SOUTH 89°
53 ' 17" EAST, 64. 85 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 00000 ' 00" EAST, 7 . 00 FEET;
THENCE NORTH 81052 ' 12" EAST, 14. 14 FEET;
THENCE SOUTH 00000 ' 00" WEST, 4.00 FEET TO AN ANGLE POINT IN SAID
LOT 18;
THENCE CONTINUING ALONG THE LAST COURSE, SOUTH 000 00 ' 00" WEST,
5 . 00 FEET TO AN ANGLE POINT ON SAID SOUTH LINE;
THENCE WESTERLY ALONG SAID SOUTH LINE, NORTH 89053 ' 17" WEST,
14 .00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 112 . 00 SQ. FT.
F:90416LEG. 017
�. 74-140 EL PASEC, SUITE 2B • PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 S -�'//
S ADVANCED ENGINGR NOG GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
I
-41 6X
78 �b("I�,L DESCBIPTI01'f
(EASSEPEWT g1WK LOT 19 TO LOT 18
in the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot: 19, Tract No. 26333 as shown on Map
Book ? , Pages E2� to inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 19;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 19 , SOUTH 89°
53 ' 17" EAST, 36. 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 000 06 ' 43" EAST,
5 . 00 FEET;
THENCE NORTH 75006 ' 09" EAST, 22 . 34 FEET;
THENCE SOUTH 1 4° 35 ' 52" EAST, 8 . 00 FEET;
THENCE PERPENDICULAR TO THE LAST COURSE, SOUTH 750 24 ' 08" WEST,
TO AN ANGLE POINT IN SAID SOUTH LINE, 12 . 00 FEET;
THENCE WESTERLY ALONG SAID SOUTH LINE, NORTH 89053 ' 17" WEST,
12 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 166 . 64 SQ. FT.
F:90416LEG. 018
74.140 EL PASEC, SUITE 2S • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 8
24000'7
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
0-41 x
19 LEGAL DESCRIPTION
lEASffiiBI T FROM LOT 18 TO LOT 19
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 18, Tract No. 26333 as shown on Map
Book AStq , Pages to 5_1�_ inclusive, Official Records of
Riverside County, described- as follows:
COMMENCING AT THE NORTHEAST.' CORNER OF SAID LOT 18;
I
THENCE ALONG THE NORTH LINE OF SAID LOT 18, NORTH 89053 ' 17" WEST
6 .45 FEET: TO THE POINT OF BEGINNING;
THENCE SOUTH 75024 ' 08" WEST, 37 .85 FEET;
THENCE PERPENDICULAR TO THE LAST COURSE, NORTH 14035 ' 52" WEST,
6 . 00 FEET TO A POINT ON THE: NORTH LINE OF SAID LOT 18;
THENCE EASTERLY ALONG SAID NORTH LINE, NORTH 75024 ' 08" EAST,
15 . 00 FEET TO AN ANGLE POINT IN SAID NORTH LINE;
THENCE SOUTH 890- 53 ' 17 " EAST , 23 . 63 FEET TO THE POINT OF
BEGINNING.
THIS EASEMENT CONTAINS 158 . 56 SQ. FT.
F:90416LEG. 019
� 74.140 EL RASED, SUITE 28 • PALM DESERT, CA 92260 -TEL. (61 9) 341 •666❑ FAX (61 9) 346.61 1 S
24000'7
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
i
90-416%
i
I, L DESCRSPTION
(EASEMENT FROK LOT 23 TO LOT 24
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 23 , Tract No. 26333 as shown on Map
Book 2�_, Pages 5 )- to 5S_ inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 23;
THENCE EASTERLY ALONG THE SOUTH LINE OF, SAID LOT 23 , SOUTH 89°
53 ' 17" EAST, 27 . 00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 000 06 ' 43" EAST,
4 . 00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, SOUTH 87053 ' 17" EAST, 16 . 00
FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 000 06 ' 43" WEST,
4 . 00 FEET TO A POINT ON SAID SOUTH LINE;
THENCE WESTERLY ALONG SAID SOUTH LINE, NORTH 89053 ' 17" WEST,
16 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 64 . 00 SQ. FT.
F:90416LEG. 020
1
�. 74-140 EL PASEC, SUITE 28 • PALM DESERT, CA 92760 •TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 e -_�'/
24000'7
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
-41 X
21 LEGA& DHSCRIPTIOR
(EASffiffirP FIROK LOT 24 TO LOT 23)
In the City of Palm Springs„ County of Riverside, State of CALI-
FORNIA, that portion of Lot 24, Tract No. 26333 as shown on Map
Book , Pages 3 toy,' inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 24;
THENCE EASTERLY ALONG THE 'NORTH LINE OF SAID LOT 24 , SOUTH 89°
53 - 17" EAST, 78. 46 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 87053 ' 17" EAST,
16 . 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH 00006 ' 43" WEST,
4. 00 FEET;
THENCE PARALLEL TO SAID NORTH LINE , NORTH 890 53 ' 17" WEST,
16. 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, NORTH 000 06 ' 43" EAST,
4. 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 64 . 00 SQ. FT.
F: 90416LEG. 021
74-140 EL PASED, SUITE 2S • PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 S
�
)ADVANCED EN GIN RINONOQG GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
90-416X
® LSC L DESCRTPTION
(EASEPK TP FRON LOT 22 T2 LOT 23
In the City of Palm Springs,. County of Riverside, State of CALI-
FORNIA, that portion of Lot 22, Tract No. 26333 as shown on Map
Book 2 q� , Pages to S5 inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 22;
THENCE SOUTHWESTERLY ALONG THE EAST LINE OF SAID LOT 22 , SOUTH
10030 ' 33" WEST, 40 . 00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID EAST LINE, SOUTH 10*30 ' 33" WEST, 31 . 00
FEET;
THENCE PERPENDICULAR TO SAID EAST LINE, NORTH 79029 ' 27" WEST,
5 . 00 FEET;
THENCE PARALLEL TO SAID EAST LINE , NORTH 10030 ' 33 " EAST ,
31 . 00 FEET;
THENCE PERPENDICULAR TO SAID EAST LINE, SOUTH 790 29 ' 27" EAST,
5 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 155 . 00 SQ. FT.
F: 90416LEG. 022
1
74.140 EL PASEO, SUITE 2B • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 6
N#000'7
,ADVANCED EN GI RING GROUP, INC.
CIVIL ENGINEERS AND,LAND,SURVEYORS
i
i
-41 6x
i
O LSC-M DESC MB MOK
(EA,SSIIMP FWM LOT 24 TO LOT 25
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 24, Tract No. 26333 as shown on Map
Book , Pages 6) to a inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE SOUTHWEST.' CORNER OF SAID LOT 24 ;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 24 , SOUTH
89053 ' 17" EAST, 55 .00 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 000 06 ' 43" EAST,
4 .00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, SOUTH 89' 53 ' 17 " EAST ,
14 . 50 FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 00' 06 ' 43" WEST,
4 . 00 FEET TO THE SAID SOUTH LINE;
THENCE WESTERLY ALONG SAID SOUTH LINE, NORTH_ 89053 ' 17" WEST,
14. 50 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 58 . 00 SQ . FT.
F:90416LEG. 026
�.... 74.140 EL PASEC, SUITE 28 • PALM DESERT, CA 92260 -TEL. (61 9) 341 -666❑ FAX (61 9) 346-6 1 18
4Q107
ADVANCED ENGIN RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
90-416X
24 LWAL DES(=PTI0i1
(EASEMW FRM LOT 2A TO I,OT 26
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 25 Tract No. 26333 as shown on Map
Book 2S4 , Pages 5.� to �,� inclusive, Official Records of
Riverside County, described as 'follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 25 , SOUTH 89°
53 ' 17" EAST, 16. 00 FEET TO THE POINT OF BEGINNING
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 000 06 ' 43" EAST,
4. 00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE , SOUTH 890 53 ' 17 " EAST ,
18 . 00 FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 000 06 ' 43" WEST,
4 . 00 FEET TO A POINT ON THE SOUTH LINE.
THENCE WESTERLY ALONG SAID SOUTH LINE, NORTH 890 53 ' 17" WEST,
18 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 72 . 00 SQ. FT.
F:90416LEG. 023
1 /1
74-140 EL PASEO, SUITE 213 •PALM DESERT, CA 92260 -TEL. (61 9) 341-6660 FAX (61 9) 346-61 1 B J
7,4000'7
ADVANCED ENGIARING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
90-416X
O 7iCs DSSCRIPTIOR
(RASRKMT XIM LOT zi M LOT 25)
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot 26, Tract No. 26333 as shown on Map
Book 964 , Pages S� to ! S' inclusive, Official Records of
Riverside County, described as follows :
COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 26;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID LOT 26 , SOUTH
89053 ' 17" EAST, 30.50 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING ALONG SAID NORTH LINE, SOUTH 89053 ' 17" EAST,
10 . 00 FEET;
THENCE PERPENDICULAR TO SAID NORTH LINE, SOUTH 000 06 ' 43" WEST,
5 . 00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE, SOUTH 890 53 ' 17" EAST, 10 . 00
FEET;
THENCE PERPENDICULAR TO SAID SOUTH LINE, SOUTH 000 06 ' 43" WEST,
5 . 00 FEET TO THE POINT OF BEGINNING;
THIS EASEMENT CONTAINS 50 .00 SQ. FT.
90416LEG. 024
74-140 EL PASEO, SUITE 2B • PALM DESERT, CA 92260 •TEL. (61 9) 341 -666❑ FAX (61 9) 346-61 1 B
24000'7
4DVANCED ENGI*RING GROUP, INC.
CIVIL ENGINEERS AND LAND SURVEYORS
-41 6X
® LmtL DESCRIPTION
(EASEPEMT PROIK L(Yr 2A TO LOT 26
In the City of Palm Springs, County of Riverside, State of CALI-
FORNIA, that portion of Lot: 25 , Tract No. 26333 as shown on Map
Book �5 Pages 5 to inclusive, Official Records of
Riverside County, described as follows:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 25;
THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 25 , SOUTH
89053 ` 17" EAST, 50 . 89 FEET TO THE POINT OF BEGINNING;
THENCE PERPENDICULAR TO SAID SOUTH LINE, NORTH 000 06 ' 43" EAST,
8 .00 FEET;
THENCE PARALLEL TO SAID SOUTH LINE , SOUTH 890 53 ' 17 " EAST ,
31 . 00 FEET;
THENCE PERPENDICULAR TO SAND SOUTH LINE, SOUTH 000 06 ' 43" WEST,
8 . 00 FEET TO THE SAID SOUTH LINE;
THENCE WESTERLY ALONG SAII> SOUTH LINE, NORTH 890 53 ' 17" WEST,
31 . 00 FEET TO THE POINT OF BEGINNING.
THIS EASEMENT CONTAINS 248 . 00 SQ . FT.
F: 90416LEG. 025
��, 74-140 EL PAS EO, SUITE 2S • PALM DESERT, CA 92260 •TEL. (61 9) 341 -6660 FAX (61 9) 346-61 1 8 �/
• 240007
EXHIBIT "E"
PUBLIC PARCEL
Tract No. 26333, in the City of Palm Springs, as per
Map filed in Book �6�4 Pages
— inclusive, of Maps, in the Office of
the County Recorder, of Riverside County.
24000'7
N 89'53'17' W _ _S 89'53'17' E 78.04'
26.43. ..... 25.00'L10 Lll 18,04'
L10
� I
LOT LINE I
I
L3
L1 L2 L7 s L9
L8
_ 42.00' _ — w.os' _
^v S 89'53'17' E L4_ L6Z'''3 24.35'
L5
1 z
LOT LINE
LINE DIRECTION DISTANCE
L1 S 00006'43' W 5.00'
L2 S 89'53'17' E 2'4.00'
L3 S 00'06'43' W 5,00'
L4 S 00'06'43' W 3.00'
L5 N 89'53'17' W 8100'
L6 N 34'44'27' E 3.65'
L7 N 34.44'27' E 3,65'
L8 S 89453'17' E 27,86'
L9 S 00'06'43' W 3,00' SCALE 1' = 20'
L10 S 00'06'43' W 1.00,
Ll1 S 89'53'17' E 35,00'
CLJENT: THE STARKEY COMPANY
DESCRIPTION: rASEt ENT 9ETWEEN ADJOINING TOTS
ADVANCED ENGINEERING GROUP, INC. nanMVBr. B.rrN oAM• rEe.iTTi
M FIR� 7+-'110 EL P.15E0
PAW DESERT, CA. 927A0 OKY](ID BY., J.>s N/AC Na:
(mB) aae-oavi FAX (m9) an-etie ..nv nro-- 70-419x -ter / a- 7
— — — — — 240007
I
1 \
16 �
I LOT LINE
L9 L9
N 89'53'17" W �o
53.00' L10
53.00' — 27_05' _ — _ 44.00'
N y 87.05'
N 89'53'17" W
i 5
I
N 89'53'17" W 7 /
46.15' L5
30.00' N 89'53'17" W
L4 8 28.30' — 36.00'
38.30'
L7
4 LOT LINE
L68 L6 I
I
qN 89'53'17" W 40.97' L1 LOT LINE44.12' I L2 L3 L2
c
_ 41.37' _ — 24_00'
83.37'
N 89'53'17" W
LINE DIRECTION DISTANCE I
L7 S 27'33'15" E 6.77'
L2 N 00'06'43 ' E 7.00'
L3 S 89'5317" E 18.00'
L4 N 37*17'27" W 10.12'
L5 S 00'06'43" W 9.04'
L6 N 00'06'43" E 3.00'
L7 N 89'53'17" W 18.00'
L8 S 89'53'17" E 10.00' SCALE: 1" = 20'
L9 S 00'06'43" W 4.00'
L10 N 89'53'17 W 16.00'
CLIENT.`"iHE STARKEY COMPANY
DESCRIPTION: EASEMENT BETWEEN ADJOINING LOTS
ADVANCED ENGINEERING GROUP, INC. oR^ Br g.w. V. 'DAM fEc./,,,
74-140 EL PASEO
PALM DFSERT,T, CA 92260 G/£GYID BY.`J.JS. ORAN/NC N0.:
(619) 566-MQI �X }7/�Tr 2 qF 7
240007
" D
i
0
—rl
a w
,
12 rn/ M
n fl)
2 Q)
CD
N v
/ IO
8
OI
rn
L1
LOT LINE
/ W J
e
O 11
O ,
1
V)I_
0
I O L1
LINE DIRECTION DISTANCE
L1 N OT0000" E 4.00'
L2 S 90'00'00" E 17.00' —
L3 N IOl7'17" E 4.00'
L4 S 79-42'43" E 18.00' SCALE: 1" = 20'
CLIENT: THE STARKEY COMPANY
DESCR1P-PON: EASEMENT BETWEEN ADJOINING LOTS
AADVANCED
ENGINE�NG GROUP, INC. DRAW er .0.W., . PATE M R PALM DEAL rJ, 0�0 er sJS. GGWNc Na
619 5&8-069I FAX 619 346-Q718 X8 N0. 90-4/LX -^y"U 9 O"7
�;�40007 12 19
_S 89'53'17' E 130.55' 13
93.55' -- — — —
1 L4 37.00'
L4
I 1
► 13118
1-0' S 80 34'23" E 1
uo 28.51 _ 15
J / N 89'53'17" W
C3 µ C3—J 32•ao 36.00'
C3 1
1
117
L1 16 LJ
N 89"53'17" W
L2 44.50' 14 16
14.00' 13.OJ S 89'53'17" E
45.00' 45.00'
N 8953'17" W 151
1
1
1
1
LINE DIRECTION DISTANCE
L1 S 00'06'43" W 7.00'
L2 S 89'53'17" E 18.00'
L3 S 09'25'37" W 5.00'
L4 N 00'06'43" E 4.00'
SCALE: 1" = 20'
CLIENT: THE STARKE`I COMPANY
SC I ON: EASEMENT BETWEEN ADJOINING LOTS
_ I^� ADVANCED ENGINEERING GROUP, INC. oRmw8re. y DATE.•
PALM DESERT, CA. 922E0 pYEq'ID 9Y J.7.5. G14AN/NG M2•
(E19) W-0E91 FAX (819) 346-C118 "AA2. 90-4/4:X Sir 4 Cr T
• \ 240007
11 -
-
- - -T-
121
I
1
1 I
19
L.2 is L3 lsoo 23.63' 6�
I ��
�/
36.00' L 3��0a^ E w 1
S 89'53'17" E 48.00' 15 2
1 L4
I �
I �
13 18
I
I 1-7
I
— — — — — —
64 — — — — I
_85' —'
S 89'53'17" E 78.85' I
L 10 I
I 17
I }
I �
14 ' 17 \�
i
I
I
I �
- - - - - - - - - - - - - - - - - - - - - - - - - - -
LINE DIRECTION DISTANCE
L1 N 75-06-09' E 22.34'
1 16 L2 N 00'06'43" E 5.00' 1
— L3 S 14'35'52" E 8.00' I
L4 S 14'35'52" E 6.00' 1
L5 N 75'24'08" E 37.85'
L6 S 89*53'17" E 6.45'
L7 N 81"52'12" E 14.14'
LB N 00'00'00" E 4.00'
L9 N 00'00'00" E 7.00' SCALE: = 20'
LIO N 00000,00" E 5.00'
CLJENT: THE STARKEY COMPANY
DESCRIPTION: EASEMENT BETWEEN ADJOINING LOTS
ADVANCED ENGINEERING GROUP, INC. at1W Sr e wM DAM "ee.,9�,
CO
L lJ L DES k
PALMM 02
82.260 B-140 E,, PA (J DYID Y.
(619) 665-40M FAX (616) 346-M18
\ ^ • 240007
r� \
I \
\
22 r `
psi \
L2
n I
1 I
1 Lu I
J
► � I
M 23 I
► o
► � I
► L2
► cv
I � I
I L4 L4 I I
L3 21 I I
27.00' — — 74.46'
- - - - 78.46'20 � • - - - - � 23.00-� j
S 89'53'17" E L.4 La L4
� I
� I
24 I
I
LINE DIRECTION DISTANCE
L1 N 10'30'33" E 31.00'
L2 S 79'29'27" E 5.00'
L3 S 89'53'17 E 16.00
L4 S 00'06'43" W 4.00'
SCALE: 1" = 20'
CLIENT: THE STAP.PEY COMPANY
DESCRIPTION: Fn SEMF,NT BETWEEN ADJOINING LOTS
A
ADVANCED ENGINEERING GROUP, INC. DRAW". 6.K«+ DAM A L� 74-7 40 EL PASEO
PAW DESMT, CA. 97�00 OIE=er. J.J.S. D AWAC At1:
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24
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L1 L1
L2
I
- - — 55_00- - - - - - - - - - - 70.44- - - - - -
N 89'53'17' W 139.94'
I I
25
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I L7
I L3 24 L3 L7� LB L9
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L4
I
16.0 0' 16.8 9' — — — — — —
30.50' _ 46.39' I
L5 zs
L5 2c I
N 8953'17" W 86.89' 1
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l 26
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- - - - - - - - - - - - J
LINE DIRECTIOIV DISTANCE
L1 S 00'06'43 W 4.00
L2 N 89'53'17" W 14.50'
L3 S 00'06'43 W 4.00
L4 S 89.5317" E 18.00'
L5 N 00.06 4Y E 5.00'
L6 S 89'53'1.7" E 10.00'
L7 S 00'06'4: W 8.007
L8 S 89'5317 E 31.00'
L9 S 89.53'17 E 5.00'
CLIENT: T' E S PARKEY COM?ANF
DESCFtIP ON: F AgEMDNT n TFiG N ADJOINING LOTS
ADVANCED ENGINEERING GROUP, INC. m IPV er B.W.Hf, DA7e FEe.
74-140 EL PA E0
y PALM DESERT. CA. MOO oy4zx D BY. �.o.S. P'NWW AU--
(Big) SGE-om FAX (M9) 31b-d179 „WlMo, To-sIax 9r FT 7 Cr 7