HomeMy WebLinkAbout82-42 REZONE FROM TM-5 & TM-40 TO PAC 2 OF 7i
24 •
Implement a fuel ,reduction program and utiiiz'e' fire --
resistant building materials (roofing and siding) and
landscaping to minimize fire hazard. ;
Comply with Section 66473.>1 of the Subdivision i� a
f plc t,.+
requiring subdivisions to provide "to the extent feasible,
•
Y- for future passive or natural heating or cooling opportun—
ities in the subdivision", to be accomplished through site ".
and ding
buil
. design.
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Building permit applications for residences in this'" '
. subdivision shall be subject to ' any school mitigation 'iees >
yik
• establi'sned by an Ordinance enacted prior to tale ` fi.ling `ot
a
,- such Application ccr a Community Facilities Act o;f l 32
H
,District, will be created pursuant to California Covernment
Code Section 53311 et. se
q. , covering the project "area
rior to the
m, p issuance of any buildingnr.
•
e its
7. 'Applicant must comply with all applicable state and local
statutes, ordinances and regulations, .'
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�Wfe CO. Ranning COMM
JULqq �1 qpp
565 FIR STREET CHICo; CALIFORNIA g5,3U1 1a7C75
25 TELEPHONE 91E•895.1�OV�
R0%1�.9erson
July 17, 1985 & rqcgls
CIVIL ENGINEERS
Ms. Laura Tuttle
Butte County Planning Department
7 County Center Drive
Oroville, California 9,965
;Subject: Fourteen Mile House
Final Map Approval
Dear Laura!
In accordance with your request, we are submtin ��
review one copy of the C.C, I g for our
submitting for & R s. In addition, we are
g , o two copies of the Final
Notes
tesathic Measures Planning Department Conditions Map
21, and 23 will be covered�n5a subsequent submittal.and
Items 20
Please call if you have an
data. Y questions or require additional.
Very truly yours,
ROLLS; ANDERSON & ROLLS
100
MSB:mr Michael S. Byrd
Enclosures
CC' .Ray Johnson
NOTES
1. DEVELOPMENT OF THIS PROJECT SHALL UTILIZE
STANDARD EROSION CONTROL MEASURES AND
CONSTRUCTION PRACTICES TO MINIMIZE EROSION
AND OTHER CONSTRUCTION IMPACTS. HEAVY
EQUIPMENT USE SHALL BE RESTRICTED TO THE
ACTUAL AREAS OF PHYSICAL DEVELOPMENT AND
SHALL UTILIZE ACCESS ROADS ONLY FOR
TRAVERSING THE SITE.
2. DEVELOPMENT OF THIS PROJECT SHALL RETAIN
RESIDENT VEGETATION TO THE MAXIMUM EXTENT,
PARTICULARLY ALONG THE HIGHWAY 32 FRON'T'AGE
3. RESIDENTIAL CONSTRUCTION SHALL UTILIZE
STRUCTURAL INSULATION, DWELLING AND SITE
DESIGN TO REDUCE INTERIOR NOISE LEVELS TO A
MAXIMUM OF 45 DECIBELS.
4. THIS PROJECT SHALL IMPLEMENT AND MAINTAIN A
FUEL REDUCTION PROGRAM TO MINIMIZE FIRE
HAZARD. ALL BUILDING C09STRIJQTION SHALL
UTILIZE FIRE RESISTANT BUILDING MATERIALS
(ROOFING AND SIDING) AND LhUDSCAPING TO
MINIMIZE FIRE HAZARD.
S. BUILDING CONSTRUCTION SHALL UTILIZE SITE
ORIENTATION AND BUILDING DESIGN, TO THE
EXTENT FEASIBLE, TO MAXIMIZE OPPORTUNITIES
FOR FUTURE PASSIVE OR NATURAL HEATING AND
COOLING.
6. RESIDENTIAL CONSTRUCTION MAY BE SUBJECT TO
SCHOOL .IMPROVEMENT FEES, AT THE TIME
APPLICATION IS 'MADE FOR BUILDING PERMITS.
NOTES
1 DEVELOPMENT OF THIS PROJECT SHALL UTILIZE
STANDARD EROSION CONTROL ME
ASURES
CONSTRUCTION' PRACTICES TO MINIMIZEAND EROSION
AND OTHER CONSTRUCTION IMPACTS. HEAVY
EQUIPMENT USE SHALL BE REaTRICTED TO THE
ACTUAL AREAS OF PHYSICAL DEVELOPMENT AND
SHALL UTILIZE ACCESS ROADS ONLY FOR
TRAVERSING THE SITE.
2DEVELOPMENT OF THIS PROJECT S
RESIDENT VEGETATION TO THE HALL, RETAIN
PX'ITTCULARL,Y ALONG THE HIGHWAY
EXTENT,
WAY 32 FRONTAGE.
3. RESIDENTIAL CONSTRUCTION SHALL 'UTILIZE
STRUCTURAL INSULATION, DWELLING AND SITE
DESIGN TO REDUCE INTERIOR NOISE LEVELS TO A
MAXIMUM OF 45 DECIBELS.
4+ THIS PROJECT SHALL IMPLEMENT AND
FUEL REDUCTION PROGRAM TO MINIMIZEAN FIREA
HAZARD. ALL BUILDING CONSTRUCTION SHALL
UTILIZE FIRE RESISTANT BUILDING MATERIALS
(ROOFING AND SIDING) AND LANDSCAPING TO
MINIMIZE FIRE HAZARD,
BUILDING CONSTRUCTION SHALL UTILIZE SITE
ORIENTATION AND BUILDING DESIGN, TO THE
EXTENT FEASIBLE, TO MAXIMIZE
OPPORTUNITIES FUTURE PASSIVE OR
COOLING. NATURAL HEATING AND
RESIDENTIAL CONSTRUCTION MAY BE SUBJECT TO
SCHOOL IMPROVEMENT FEES AT THE TIME
APPLICATION IS MADE FOR BUILDING PERMITS
v*
f
DECLARATION OF COVENAN'T'S, CONDITIONS,
AIM RESTRICTIONS OF
HUMBOLDTHIGHLANDS
ARTICLE 1.
DEFINITIONS
Page No.
1.01
Articles
2
1.02
Assessment
2
1.03
Association
2
1.0.4
Board
2
1.05
Bylaws
2
1.06,
Committee
2
1.07
Common Area
2
1.08
Common Expenses
3
1.09'
Common Interest
3
1.10
Dec arant
3
1.11
Del:caration
3
1.12
Institutional Lender
3
1.13
Lot
3
1.14
Map
3
1.15
Member
3
1.16
Mortgage
3
1.11
Mortgagee
4
1.18
Mortgagor
4
1.19
Owner•4
1.20
Person _ _
4
1.21
Project
4
1.22
Property
4
1.23
Share
4
1.24
Subdivides
4
1.25
Singular or Plural
4
ARTICLE II.
DESCRIPTION OF PROJECTr, DIVISION` OF
PROPERTY, AND CREATION OF PROPERTY RIGHTS
2.01
Description of Project
4
2.02
DiVision of Property
.5
A. Residential. Lots
B. AgrieultUtal Use Lot
C. Common Areas
2.03
Annexation o£ .Additional parcels
6
S.,
ARZICLE III'.
ASSOCIATION, ADMINISTRATION, MEMBERSHIP
AND VOTING RIGHTS
3.01
Association to Manage Common Area
7
3.02
Membership
7
3.03
Transferred. Membership
7
3.04
Membership Classes and Voting Rights
8
ARTICLE IV.
ASSESSMENTS
4.0-I
Creation of Lien
9
4.02
Purpose of Assessments
9
4.03
Maximum Annual Assessments
9
4.04:
Special Assessments
10
4.05
NoticeandQuorum
11
4.06
Division of Assessments
12
4.07
Date of commencement of Annual
Assessments, Due Dates
12
4.0.8
Effect of nonpayment
12
4.09
Transfer of Lot
12
4.10
Priorities-, Enforcement; Remedies
13
4.11
Unallocated Taxes
14
ARTICLE V. DUTIES
AND POWERS OF THE ASSOCIATION
5.01
Duties
14
F.. Maintenance
B0 Insurance
Cj D.i scharge of Liens
D. Assessments
E. payment of Expenses
F. Enforcement
5.02
Powers'
i5
A. Easements
B. Manager
C. Adoption of Rules
D. Access
E. Assessments
F. Enforcement
G. Acquisition and Disposition of
Property
H: Loans
I: Dedication
a. Contracts
R. Delegation
L. Use of Recreational Pacilities
i �:
ARTICLE VI.
ARCHITECTURAL DESIGN ANDCONTROL
6.01
Subdivision Standards
18
6.02
On-site Construction
18
6.03
Agricultural Use Lot
18
6.04
Basic Structural. Requirements
20
A. Type and Character of Design
B. Colors
C. Size Requirements
D. New Materials Only
E. Painting
F. Roof Design and Materials
G. Driveways
H. Septic TAnk
ARTICLE VII.
ARCHITECTURAL CONTROL COMMITTEE
7.01
Purpose and Functions
21
7.02
7.03
Committee Members, Organization and perm
Action by Committee
21
7.04
Architectural Permit
22
7. 05
7.06
Submission of Preliminary Plans
23
23
Submission of Final Plans and
Specifications
7.07
7.08
Inspection and Conformity to plans
24
24
Final Acceptance
25
7.09
Enforcement of Board Rulings
24
ARTICLE VIII.
UTILITIES
8.01
8.02
Easements for Utilities and maintenance
25'
Association's Ditties
25
ARTICLE IX.
WATER SYSTEM
9.01
Water Supply
26
ARTICLE X. USE RESTRICTIONS'
10.01
Use of Property
26
10.02
Location of Structures
26
10.03
Resubdivision of Lots
10.04
Height Limitations
26
10.05`'
10.06
Changing Grades; 810ttIdNs, brainage
27
27
Wells, Derricks and Minos
27
six
tT.
iv
10.07
Nuisance and Nonconformity
28
A. Livestock
B. Temporary Structures
C. Signs
D. poles, Masts, Antennas
E. Upkeep of Real. Property
F. Vending of Liquor or Beverages
G. Storage of Materials, Junk, Trash
and Manure
H. Storage of Cars, Trailers, Campers,
Boats
1. Use of Garages
10.08
Diligence in Construction
30
10.09
Trees and Shrubs
30
10.3.0
Use of Common Area _
31
ARTICLE XI.
GENERAL PROVISIONS
11.01
Enforcement
31
11.02
Invalidity of Provision
32
11.03
Term
32
11.04
Amendments
32
11.05
Rights of Institutional Lenders
32
11.06
Insurance; Damage or Destruction
34
11.07
Limitation of Restrictions on'Dec7,arant
34
11.08
Termination of Responsibility of
Declarant
35
1.1.09
Owner's Complaint
36
11.10
Notices
36
tT.
iv
DECLARATION
of
COVENANTS:, CONDITIONS', AND RESTRICTIONS
OF
HUMBOLDT HIGHLANDS
/
RAY E. JOHNSON and LORRAINE C. JOHNSO
THIS DECLARATION made on the date hereinafter set forth by
n N, hereinafter jointly
referred to as "Declarant, is made with reference to the
following facts:
A. Declarant is the owner of a certain tract of land
located in an unincorporated area of the County of Butte, State
Of California, more particularly described in Exhibit "'A,"
attached hereto and incorporated by reference herein.
B. Declarant intends to improve or has improved said
property by subdividing the entire parcel and making certain
preconstruction improvements.
C. The development shall be referred to as the '"Project" as
defined inr g
icle 1 .Para raph 21, herein.:. The project will
Consist of tw.Anty-five (25) residential lots, one lot available
for agricultural purposes only, common area and other
G as mentioned hereafter. The owner of a residential
lot in the .Project Will receive title to his individual lot.
Each subdivided lot shall have appurtenant to it a membership in
the
corporation Whichhshalll olands wnmthencommotiiers sareaatyonr a non-profit
.
D. Declarant intends by this document to impose upon tree
property mutually beneficial restrictions under a general plan of
impirovementerstherfor the benefit, of all of the said lots and the
NOWr THEREFORE, Declarant hereby declares the hereinafter
described property shall be held, conveyed, mortgaged,
encumbered, leased, rented, used, occupied, sold and improved,
Rev. `7%15%:85
subject to the following declarations, limitations
conditions, restrictions and easement^
as equitable servitudes , covenants,
J► all ne which are imposed
development of the pursuant to a general
property for the plan. Lor the
protecting the value and attractiveness Purposes
°the r enhancing and
Project, and ever pro ert
the improvement of pthe thereof, in accordance with the and the
li-an for
lots. All Of PrOPerty and the division thereof into
tions and easements l hall co ions, covenants, coven
With the la��d .and shall be
enants which' all run
: , condit�.ons
successors and binding upon Declarant its
assigns, and all parses having right, title or interest in or to any 5 or ,acquiring any
y part of the property of the
ARTICLE I'
DEFINITIONS
1.01. "Articles" shall mean and refer to t
Incorporation of the Association as amended from time to t'
he Articles of
1.02• "Assessment" shall mean that xme.
:maintaining, improvin Portion of the cost of
property which is to g' repairing, operating and managing the
the Asscciation. be paid by each lot Owner as determined by
1.03. "Association" shall mean and refer to
Highlands Homeowners Associatiorr the Humboldt
corporation. ► a California
nonprofit
1:04. "Board" or "Bo
to the govard of Directors" shall mean and refer
erning body of the Association.
1.05. "Bylaws" shall mean and refer to the
Association as amended from time to tune:
Bylaws of the.
Control OComm ittnead'tee ,shall moan �and refer to the Architectural
�r
described ,in Art,dle VII herein, A`'�hitectixra]
1.07. "Common Area"
of the proper shall mean and refer to those ,
yr to which t,tle is held Portions
by the Association
`2 u
for the common use and enjoyment of the Owners. The Common.. Area
to be owned by the Association at the time of conveyance of the
first lot is described in Exhibit "B" attached hereto and incor
porated herein by this reference,
1.08. "Common Expenses" means and includes the actual and
estimated expenses of operating the Common Area property and any
reasonable reserve for such purposes as found and determined by
the Board and all sums designated common expenses by or pursuant
to these Covenants, Conditions and Restrictions, the Bylaws of
the Association, the Articles acid the rules and regulations for
the members as established from gime to time.
1.09. "Common Interest" meanstheproportionate undivided
interest in the Common Area which is appurtenant to each resi-
dential lot as a result of ownership in the Association.
1.10 "Declarant" shall meat,, and refer to Ray E. Johnson
and Lorraine C. Johnson, their successors and assigns.
1.11. "Declaration" shall mean" and. refer to this Declara-
tion of Covenants, Conditions, and Restrictions.
1.12. "Institutional 'Lender" shall mean any bank, savings
and loan association# insurance company, or other financial
inst,ituti<on holding a recorded first mortgage on any lot.
1.13."Lot" shall: mean and refer to any plot of land or
parcel shown upon any recorded subdivision map of the Project
with the exception of Common Areas, and may include any improve-.
ments thereon where applicable by the context of its use.
1.1.4. "Map" shall mean and refer to that subdivision map
entitled VbUtteen Mile House, recorded the day of —F,
198, in Book of Maps at Page(sjr...ougn
in the official records of Butte County.
1.15. "Member" shall mean and refer to a person 'entitled to
membership in, the Association as provided herein. ,
1;.16.. "Mortgage" shall include a deed of trust as well as
a mortgage.
_3-
f
1.17. "Mortgagee" shall include a beneficiary or a holder
of a deed of trust as well as mortgagee.
g "
1.18. Mortc.� a or shall include the trustor of a deed of
trust as well as a.mortgagor.
1.19. "Owner" or "Owners" shall mean and refer to the
holders of title, if more: than one, of a, lot in
record holder or
the project• This shall include any person having a fee simple
title to any such lot and shall include contract sellers, but
shall exclude persons or entities having any interest merely as
security for the performance of an obligation.
1.20. "Person" means a natural, person, a corporation, a
partnership, a trustee, or other legal entity.
1.21. "Project" shall mean and refer to the entire real
above described including? property annexed or to be
property
annexed including all structures and improvemen s erected or to
be erected thereon.
1.22. "Property" or "Properties" means and includes t;°p
real property hereinbefore described and such additions thereto
as may hereafter be brought within the jurisdiction of the
Association.
1.13. "Share" means the ence t gays in and to the common
ct
area. attributed to tinappu
each lot as a result or
ownership i7:► the Association.
1.24. "Subdivider" shall mean and refer to the Declararit.
1.25, The singular and plural number and mascul rle.,
feminine and neuter gender s�rall each ,include the other where the
context requires.
ARTICLE II
DESCRIPTION OP PROJECT, DIVISION OF PROPERTY, AND
CRSATION Op PROPERTY RIGHTS
2.01. Des cri tion of Project. The Project consists of the
�, 4..
N
real property described in the Map and all improvements located
thereon. Declarant will construct upon the premises: the
roadways, a water supply system, a sewage disposal system, a
swimming pool, a recreation building, a storage ge building, a
security gate and the other appurtenances and facilities as shown.
on the Development Map, reference to which is made for further
details.
2.02.
the following separate estates. The property- is divided into
A. Residential Lots: Each of the residential lots as
separately shown,, numbered 1 through 25, and designated
on the Map, consists of the land bounded by and
contained within the borders designated on the Map.
B. Agricultural Use Lot The parcel described as Lot
26 on the Map shall be conveyed, used and held for the.
grazing and pasturing of horses and for cattle:
Provided 'however,_the -nature and extent or intensity of
any use of said lot other than for pasturing not to
exceed twelve (12) horses and/or cattle on a regular
basis and not to exceed eighteen (;18) on a short-term
(not to exceed seventy-two (72) hours) basis shall
first be approved by the Board of Directors of the
Association. The Owner of said lot may construct such
improvements thereon as are incidental to agricultural
use, subject to architectural review as required
herein, but in no case may a :residential dwelling be
constructed thereon. Such lot. shall have an interest
it' the Association, equal to that of a residential, lot.
The association shall not be obligated to provide sewer
Lot.
hook UP 01: sewer maintenance to the Agricultural Use
_.
C. Common Areas; The remaining portion of the.
property, referred to herein as "Common Area" or
"Common Areas" which shall be owned in fee by the Association subject to the Owner's easement
enjoyment.; Every owner o£ a lot in the project shall
of
have a right and easement of enjoyment in and to the
Common Area which shall be appurtenant to and shall
i Y r
fallowing provisions sect to the
Pass with. the k�.t1e to _ever i,ot sib
i
4
(1) The right of the Association to charge reasonable
admission and other fees for the use of any recre-
ational facility situated upon the Common Area;
(2) The right of the Association to suspend the voting
rights and the right to use of the recreational: facili--
ties by an Owner for any period during which any
assessment against his Lot remains unpaid, and for a
period not to exceed sixty (60) days for any infraction
Of its published rules and regulations after a hearing
by the Board of. Directors of the A-c ociation
(3) The right of the Ass on to dedicate or
transfer all or any part c ;ommon Area to any
public agency, authority, or Y1 for such purposes
and subject to such conditio
•a IDly be agreed to by
the members. No such dedica�__on or transfer ,shall be
effective unless an instrument signed by two=thirds
(2/3) of each class of r;
_rs agreeing to such dedi-
catlo.n or transfer has be recorded.
(,4) The right of the Association to enter into exclu-
sive use with each Owner for the use Of a portion of
the storage building
2,03 Annexation of Additional Parcels,
and become .sub subject to„y Additional parcels
may be annexed to
following method: J nis Declaration by the
A.Annexation Pursuant to Approval: Upon approval in
h Writing of the Association, pursuant to a two-thirds
(2/3) majority of the votin
or
the written assent of such Members? excludingower Of itsM the voting
powers or written assent of Declarant, the Association and
the Owner of any property who desi.r_es to add it to the
scheme of this Declaration and to subject it to the juris-
diction of the Association, may file of record a Declaration
of Annexation.
13- Declaration
clarat recof orded � Annexatioi1: A Declaration of Annexation
covering the appli-g,) I portion of the
to be annexed Said Declaration may contain such
complementary additions and modifications of the covenants
�6-
and restrictions contained in this Declaration as may
he necessary to reflect the different character, if any, of
the added property, and as are not inconsistent with the
scheme of this Declaration. Upon annexation, the addi-
tional parcels shall become subject to this Declaration and
any such modificat-ions or additions. Assessments collected
from Owners thereafter may be expended by the Association
without regard to the particular phase from which assess-
ments came. All Owners will thereafter have ingress and
e.i ess to and use of all Common Area throughout the project
wa expanded by annexation subject to this Declaration, the
Bylaws of the Association and the rules and regulations of
the Assoc-iation.
ARTICLE IIt
ASSOCIATION, ADMINISTRATIONt MEM88RSHIP
AND VOTING RIGHTS
of the.01. Common Area shall Association
t e Ma � e Common Areas: The -management -
ed in the Association in accord-
ance with its. Bylaws. The owners of all the lots covenant and
agree that the administration of the project shall be in accord-
ance with the provisions of this Declaration, the Articles and
Bylaws of the Association.
3.02. Membership; The owner of a lot shall automatically,
upon becoming the owner of same, be a member of the Association,
and shall remain a member thereof until such time as his Owner-
ship ceases for any reason, at which time his membership in the
Association shall automatically cease. Membership shall be held'
in ac,ordance with the Articles and Bylaws of the Association.
shall
Transferred Membershi`. Membership in the Association
all not be transterredi pledged, or alienated in any way,
except upon the sale or encumbrance of the lot to which it is
appurtenant, and then only to the purchaser, in the case of a
sale, or mortgagee, in the 'case of an encumbrance of such lot.
Upon death of a member, his membership passes automatically along
with title to his lot, to his heirs. A mortgagee does not have
membership rights until he becomes an owner by foreclosure ter
deed in lieu thereof. Any attempt to make a prohibited transfer
is void. No member may resign his membership. Ih the event the
owner of any lot should fail. or refuse to transfer the membership
registered in his name to the purchaser of his lot, the Associa-
tion shall have the right to record the transfer upon its books
and thereupon any old membership outstanding in the name of the
seller shall be null and void
3.04. Membershi Classes and Voting Rights. The Associa-
tion shall have two 2 classes of voting membership:
Class A. Class A members "shall be all Owners with the
O'ception of the Declarant and shall be entitled to one (1)
vote for each lot owned. When more than one person holds an
interest in any lot, all such persons shall be members for
purpose of enjoying the benefits of membership in the
Association. The vote for such lot shall be exercised as
they among themselves deterttine, but in no event -shall more
than one (1) vote be cast with respect to any lot.
Class B. Class B member(s) shall be the Declarant and shall
be entitled to vote as. follows: voting -.shall be the same as
for Class A memberships, except that Class B members may
triple their votes for each lot owned. The Class B member-
ship shall cease and be converted to Class A membership on
the happening of either of the following events,, whichever
occurs earlier:
(a) When the total votes outstanding in the Class A
membership equal the total. votes (tripled as stated
above) outstanding in the Class B membership; or
(b) On the second anniversary of the original issuance
of the final public report For the project.
Any action by the Association which must have the approval
of the members Irfore being undertaken shall require the vote or.
Written assentOfa�i least a majority of each class of membership
during the time that there are two (2) outstanding classes of
membership. Where the vote or written assent of each class of
membership is required, any requirement tl,iet the vote of be
clarant be excluded is not applicable. Owners of lots in any
annexed property shall have the same voting rights as Owners
of lots in the initial project.
ARTICLE IV'
ASSESSMENTS
4.01. Creation of the Lien and Personal -Obli ation cif
Assessments: The Decarant, for each lot owned within the
Proaect;-Te`reby covenants, and each Owner of any lot by accept-
ance of a deed therefor., whether or not it shall be so expressed
in such deed, is deemed to covenant and agrees to pay to the.
Association: (I) annual assessments or charges, and (2) special
assessments for purposes permitted herein, such assessments to be
established and collected as hereinafter provided. The annual
and special assessmeits,ogether with interest, costs, and
reasonable attorneys' fees, shall be a charge on the lot improved
or unimproved, and shall be a continuing lienupon the lot
against which each such assessment is made, the lien to become
effective upon recordation of a notice of assessment. Each such
assessment, together with interest, costs, and reasonable .attor=
neys' fees, shall also be the personal obligation of the r'.)rson-
who was the Owner of such property at the time when the ,�sess-
ment fell due. No Owner may exempt himself from liability for
his enjoyment sof tion arty ofward common the common areas
by waiver of the use or
" or by the abandonment of his
lot.
4.02. 'Purpose of Assessments. The assessments levied by
the Association snal7 be used exclusively to promote the economic
interest, recreation, health, safety, and welfare of all the
residents in the entire Project and for the improvement; and
maintenance of the Common Areas for the common good of the
Project'.
4.03. Maximum Annual Assessment. Until. January, 1 of the year
immediately following the year in which conveyance of the first
per residential lot. assessment shall be.
lot to an owner the maximum regular annual
A From and after January 1 of the year immediately fol-
lowing the conveyance of the first lot to an owner, the
maximum annual assessment may be increased each year by not
more than twenty percent (20%) abovethe regular assessment
for the previous year without a vote of the membership.
"g-
B. The Board may not, without the vote or written consent
of a majority of the voting power of the Association re-
siding in members ether than Lhe Declarant, impose a regular
annual assessment which is more than twenty percent (20%)
greater than the regular annual assessment for the immediat--
ely preceding fiscal year.
C Without membership aVproval, the Board of Directors may
fix the annual assessment at an amount not in excess of the.
maximum. However, the <lnnual assessment may not be de-
creased either by the Board or by the members, by more than
ten percent (10%) in any one year without the approval of a
majority oL the voting power of the Association residing in
members other than the. Declarant, or, where the two class
voting struoi,ure is still in effect a majority of each class
of members. Failure by the Board to set assessments shall
not be deemed a waiver of the assessments but rather the
prior year's assessment shall continue.
D. subject to the limitations on the maximum and minimum
amount of assessments herein provided, if at any time duritV
the course of any year, the hoard shall deem the amount oi!
the annual atssessm+: ax to be inadequate or excessive, the
Board shall have th,' knower, at. ri regular or special
to revise the assessment for c:lie balance of the assessment
year, effective on the first Oay of the month next follow' -17
the date of the revision.
E. During the time the project is subject to an outstanding
public report, the Declarant shall notify the Department of
Real Estate of any increase o? ten percent (10%) or more
over the amount of the regular assessment reflected ,in the
current public report for the Ptoject.'
9.0,(. Special Assessments for Ca -%tal Improvements or
nsesReserves .r ,ep s eca .
Tne i3o'a9M or ulreExpenses,,
ors may in any assessment year,,
Fpnds.l
assessment applicable to that year only for the pkt,rpose of
defraying, in whole or in part, the cost of any contktUctioht
reconstruction, repair or replacement of a capital improvement
upon the Common Areas, including fixtures and personal property
related theret'O, or for extraordinary expenses incUftod by the
Association, provided that in the " evert special asse,4isment(s')
X10-
exceed in the aggregate five percent (5%) of the budgeted gross
expenses of the Association for that fiscal year, the vote or
written consent of a majority of the voting power of the Associ-
ation residing in members other than the Declarant shall be
required to approve such assessment(s). Special assessments
shall be levied on the same basis as regular assessments, except
where the special assessment against a member is a remedy util-
ized by the Board to reimburse the Association for costs incurred
in bringing A member and his subdivision interest into compliance
with the provisions of the governing instruments for the subdi
vision.
As part of the regular annual assessments for maintenance
authorized above, the Board of Directors shall annually fix the
amount to be contributed pro rata by each member to reserve funds
for the purpose of defraying in whole or in part, the ciat or
estimated cost of any reconstruction, repair or replacement of
improvements, including fixtures and personal property related
thereto. Such determination shall be made after consideration of
the need osition. for Thedditional Board shallnds maintainpa separate aratetsAssociation'scapital
p p rust account for
those funds. The Board shall fix the method of payment of such
assessments and shall be empowered to permit either lump sum or
monthly payments. Separate records shall be maintained for all
funds deposited to the Reserve Trust Account.
Amounts received by the Association as contributions,
assessments or dues from the owners shall be held in one (l) or
more accounts, beposits shall be made, and funds accounted
for so that reserves for capital improvements and for replace-
ment, ment -an be clearly iseparated from funds for operating expenses
or repair and maintenance fundi. Capital improvement and re-
placement funds shall be used solely for capital improvements and
replacements of the Common Area within the Project.
4.05. Notice an,,d Quorum for any_Action Authorized Under
Article IV, Lara` ra"r�s' an
_ Any action aut orzze under
A%*.icle Iv, Paragraphs 4,,03 and 4.04 which requires a vote of the.
membership, shall be taken at a meeting called for that purpose;
Written notice of which shall be personally delivered or sent to
all 'members not less than ten (10) nor more than ninety (90) days
in advance of the meeting specifying the place, day and hour: of
the meeting and, in the case of a special meeting, the nature of
the business to
be undertaken. The action also may be taken
wathout a meeting pursuant to the provisions of CaliforniaCorporations Code 57513. i
4.06. Division of Assessments. All assessments, both
annual
and special, shall. be +charged and divided amort
equally except the Agricultural Use Lot whichg lot owners
shall
fifty percent (50%) of the amount assessed each othersesse
.lot,.
4.07. bate of Commencement of Annual Assessment; Due Dates.
The regular sessments
all lots. covered by th sr Declaration on the a>irskmda ceo£stto
Owner. g pveyince Y al
month following file conve conveyance of the .first lot to an a.ndivsdual
Subject to the ns of Article IV, Paragraph 4.03
hereof, the Board of Directors shall determine and fix the amount
of the annual assessment against each lot and send written notice
thereof to every owner at least sixty (60) days in adv
.each annual assessment advance of
established b Period. The due dates shall be
X the Board of Directors. The Association shall,
upon demand, and for a reasonable chargee
signed byan furnish a certificate
_ officer of the Association setting forth whether the
assessments on a specified lot have been
shall be. ConclusivPala. Such a certificate
e evidence of such
payment.
4.08. Effect of Nonoavment of Assessments, An asses .
not paid wit n t art X smt1nt
Y ays atter t e ue date shall bear
interest at the rate of fifteen percent (15$ per annum from
the due date until paid.
4.09,,
Transfer of Lot by Sale or P
transfer of any o s a no arxec "'a -°reclosure. Sale or
sesmen
ever, the sale or transfer of any lot
p rsuants to mord an a fHow
closure shall extinguish the lien ox such assessments as
9 9 ore-
Payments which became due prior to such sale or transfer to
for assessment liens recorded (except
transfer shall relieve such 16t1 from liabilityafor+ ant asses-
g g ) No sale. or
mens thereafter
becoming due or from the lien thereof, s-
Where the mortgagee of a first mortgage of record or other
purchaser of a lot obtains title to the same to a result of
foreclosure of any such first mortgage, such acquirer o
his successor and assigns, shall not be Liable for the share o
the common expenses or assessments by the Association f title,
sociation chargeable
x-12=
to the lot which became :due
such I -0t, by such acquirer. ((No`amendmer to lntatou acquisition of title to
sen-
tence may be made without the consent of lots to whichding
sixty-seven percent (67%) of the votes in the Association at Bare
first allocated and the consent of seventy-five percent (75%) of all
) Such unpaid share of common expenses or assess-
ments shall be bedeemed to be common
of the lots including such acquirer,, expenses
I successors 1ancl ass asble from signs.
in a voluntary conveyance of a lot the g
same shall be ointl and severally liable With grantee of the
Jointly ,
all unpaid assessments by the Association against theanloot he r for
the grantor's share of the common expenses up to the time oft
grant or conveyance, without prejudice to the ' to
recover from the grantor the amounts grantee's right e -
for. 80wever, any such paid by the grantee there.•-
grantee shall be entitled to a statement
from the Association, setting forth the amount of the unpaid
assessments against the grantor due the Association and such
grantee shall not be liable for, nor shall thelot conveyed b --
subject to a lien for, any unpaid assessments made by the Assoc'i-
ation against the grant -.,or in excess of the amount set forth
the statement► provided, however the in
any such assessment becoming aura grantee shall be liable for
statementi g after the date or any such
Of asses men priorities;
Enforcement; Remedies. When a notice
t as' sen recor e , sue assessment shall constitute
a lien on each respective lot prior, and superior, to all other
which, by law would be • assessments and other 1 '
liens except 1 all taxssupeboo s t eve es
p ( )
charge" of any first mortgage of reeordo(mean abd.ng)atherecen or
mortgage or deed of trust with fiY recorded
gages or deed of trust) made in priority over other mvrt-
Such lien, when del good faith and for value.
lnqueh;t, may be enforced by sale by the
Association, its attorneyor other person authorized to make the
sale, after fei1ure of the Owner to pay such assessment in
accordance with its terms, such sale to be conducced in accord-
ahce with the: provisions of $52929-2929h of the Calirorrii_a c` ,
Code, applicable o the exercise of powers of sale in mo;rtga-es
ivi l
and deeds of trust or in an other manner g
Y permitted by law,
The Board may temporarily suspend the voting rights and the
13
right, to use recreational facilities of, a member who is in
default in payment of any assessment, after notice and hearing,
pursuant to California Corporations Code 57341, and as provided
in the Bylaws.
4.11. Unallocated Taxes.. In the event that any taxes are
assessed against" tteUommon Areas, or the personal property of
the Association, rather than against the lots, said taxes shall
be included in the assessments made under the provisions of
Article IV, Paragraph 4.01, and, if necessary, a special assess-
ment may be levied against the lots in an amount equal to said
taxes, to be paid in two (2) installments, thirty (30) days prior
to the due date of each tax installment.
ARTICLE V
DUTIES AND POWERS OF THE ASSOCIATION
5.-,01. Duties. In addition to the duties enumerated in its
Bylaws, or elsewhere provided for in this Declaration_, and
without limiting the generality thereof, the Association shall
perform the following duties;
A. Maintenance. The Association ;shall; maintain, repair,
replace, restorer operate and manage all of the Common Area
and all facilities, improvements, furnishings, equipment and
landscaping thereon, and all property that may be acquired
by the Association. Maintenance shall include (without.
!,imitation): Maintaining, repairing and replacing of all
parts of the Common Areas, ioadways, 'landscaping and recrea-
tional facilities. The. Association shall be responsible for
maintenance of the septic sewer system for each lot from
the house cleanout to and through the leach linea and Leach
field, including but not limited to the septic tank, the
gravity collection system, the pumping station and the
pressure sewer line. The Association shall not be respon-
sible for the replacement of the septic tank of any owner
whether replaceinent it needed due to negligence of the owner
or any other cause, not shall the Association be responsible
for payment for the acquisitions installation, or other
costs related to the establishment of the sewage disposal
system on any individual lot, including connection to the
gravity flow line. The responsibility of the Association
-1d-
for maintenance and repair shall not extend to repairs or
replacements arising out of or caused by .he willful or
negligent act or neglect of an owner, or his guests, tenants
or invitees., the cost of which is not covered by insurance.
The cost of repair or replacement resulting from such
excluded items shall be the responsibility of such owner,
provided, however, that if an owner shall fail to make the
repairs or replacements so caused, then, upon a vot:s of a:
majority of the Board of Directors, and after not less than
thirty (30) days notice to the Owner and a public hearing,
the Association shall have the right (but not the obli
gation) to enter the lot (if necessary) and make such
repairs or replacement and the cost thereof shall constitute
a special assessment chargeable to such lot and shall be
payable to the Association by the owner of such lot.
B. insurance. The Association shall maintain si;►ch policy
or policies of insurance as are required by Article XI,
Paragraph 11 06 of this Declaration.
c. Discharge of Liens. The Association shall discharge by
payment;, if necessary, any lien against the Commoi'► Area, and
assess the cost thereof to the Member or Members responsible
for the existence of said >lien.
D. Assessments. The Association shall fix, levy, collect
and enforce assessments as set forth in Article IV hereof.
E. Payment of Expenses. The Association shall pay all
expenses and obligations incurred by the Association in the
conduct of its business including, without limitation, all
licenses, taxes or governmental Charges levied or imposed
against the property of the Association„
F'. Enforcement. The Association shall enforce this Decla-
ration.
5.02. Powers: in addition to the polders enumerated in its
Articles of Incorporation and Bylaws, or elsewhere provided for
herein, and without limiting the generality thereof, the Associa-
tion shall have the following powers:
A EaSemets. The Association Shall have authority to
-15-
grant easements where necessary for utilities and sewer
facilities over the Common Areas to serve the common
areas and/or to serve individually owned lots.
B. Manager, The Association shall have the authority to
Owpl:oy a mejnager or other persons and to contract with
independent contractors or managing agents to perform all or
any part of the duties and responsibilities of the Associa-
tion, except the power to conduct hearings or levy fines,
impose discipline, hold hearings, file suit, record or
foreclose liens, or make capital expenditures provided that.
any contract with a firm or person appointed as a manager
or managing agent shall not exceed a one (1) year term,
shall provide for the right of the Association to terminate
the same al: the first annual meeting of the Members of the
Association, and to terminate the same for cause on thirty
(30) days' written notice, or without cause or payment of a
termination fee on ninety (90) days' written notice,
may adopt reasonable
rules not Inconsistent with this U
C. Ado tit) of Rules.
T e Association
eclaration relating to the
use of the: Common Area and all facilities thereon., and the
conduct of Owners and their tenants and guests with respect
to elze property and other Owners.
p. Access. For the purpose of performing the maintenance
authorized herein or for any other purpose reasonably
related tie the performance by the Association or the Board
Of birecl:ors of their respective responsibilities, the
Associat4on's agents or employees shall have the eight,
after reasonable notice to the Owner thereof, to enter any
portion of any lot or of the Common Area at reasonable
hours. Such entry shall be made with as little incon-
venience to the user as practicable and any damage caused
thereby sihall be repaired by the Board at the expense of the
Association.
E Assi-i ,
• �sments Liens and Fines. The Association shall
have the power to levyand collect assessment in accordance
with the, provisions of Article IV Hereof. The Association
may impose fines or take disciplinary action against any
Owner for failure to pay assessments or for violation of any
provision o£ this Declaration or the Bylaws or the rules and
regulations of the Association. Penalties may include but
are not limited to: fines temporary suspension of voting
rights, suspension of rights to the use of recreational
facilities or other appropriate discipliner provided that
to vthe tai ce and the opportunity to be
heard with respect
ed
decision to impose discipline islmade. violations before a
F. Enforcement. The Association shall have the authority
o enforce this Dec'aration as Per Article XI hereof.
G. Acquisition and Disposition of property,
Li011 shall have the power to acquire (b The Associa--
0 ,, se) , own, hold, improve, build uyon ift, Purchase or
Laing otvey, sell, Lease, transfer, or otherwiseoperdispose1of
real or pnrsodje,l xurogerty in connection with the affairs of
the Association,' sy transfer of
document signed or a property shall be by
total voting Pp�oved by three-fourths (3/4) of the
three-fourths power of the Association which shall include
( 3/4) of tate: members ether than Declarant, or
where the two (2) class voting' structure i ;; , j
shall include three-fourths )�� in effect,
each class of members. (3/4) of the voting � :)tJer of
H. Loans. The Association shall have the power to
money, and only with the assent horrow
of three-fourths 3 4 (ch vote s written consent)
Mortgage, C / ) of each class of Members, to
Pledger deed in trust, or Of
any or all
Of its real or personal, property as security for
borrowed or debts incurred, money
S. Dedication. The Association shall have the power to
dedicate, all or any part of ..
agency, authorit u= the *C.ommon,,Areas to an
,,.'" W y or` utility for suc,l purposes and ysuubject
public
to such conditions as may be agreed to b
such dedication shall be effective unless an h i strument hae Members. s
been signed by thre ,)
..e -fourths 3/4 of the total voting powe
of the Association which shall include three-fourths o -
of the members other than Declarant, or where the two 2�
class voting structure is still in ef;fectr shah* include
three-fourths t3/4) of the voting power of each class of
members.
-l7-
L
regulations of the Association. Penalties may include but
are not limited to: fines temporary suspension of voting
rights, suspension of rights to the use of recreational
facilities or other appropriate discipliner provided that
to vthe tai ce and the opportunity to be
heard with respect
ed
decision to impose discipline islmade. violations before a
F. Enforcement. The Association shall have the authority
o enforce this Dec'aration as Per Article XI hereof.
G. Acquisition and Disposition of property,
Li011 shall have the power to acquire (b The Associa--
0 ,, se) , own, hold, improve, build uyon ift, Purchase or
Laing otvey, sell, Lease, transfer, or otherwiseoperdispose1of
real or pnrsodje,l xurogerty in connection with the affairs of
the Association,' sy transfer of
document signed or a property shall be by
total voting Pp�oved by three-fourths (3/4) of the
three-fourths power of the Association which shall include
( 3/4) of tate: members ether than Declarant, or
where the two (2) class voting' structure i ;; , j
shall include three-fourths )�� in effect,
each class of members. (3/4) of the voting � :)tJer of
H. Loans. The Association shall have the power to
money, and only with the assent horrow
of three-fourths 3 4 (ch vote s written consent)
Mortgage, C / ) of each class of Members, to
Pledger deed in trust, or Of
any or all
Of its real or personal, property as security for
borrowed or debts incurred, money
S. Dedication. The Association shall have the power to
dedicate, all or any part of ..
agency, authorit u= the *C.ommon,,Areas to an
,,.'" W y or` utility for suc,l purposes and ysuubject
public
to such conditions as may be agreed to b
such dedication shall be effective unless an h i strument hae Members. s
been signed by thre ,)
..e -fourths 3/4 of the total voting powe
of the Association which shall include three-fourths o -
of the members other than Declarant, or where the two 2�
class voting structure is still in ef;fectr shah* include
three-fourths t3/4) of the voting power of each class of
members.
-l7-
the power r to
The Associatione. . shall have p
J. contracts-
oods and/or services for tile Common )e�t to
contract for g the Associationrthe Bylaws -
facilities and interest or for
'ons elsewhere set forth herein or in
limi tate ower to
Delegation. officers or
The Association shall have .the p
K. and polders to committees►
delegate its authority
employees of the Association -
Fa
c The Association shall
Owners guests who
L, Use of Recreational
to Ili
it the number �of an provided that all
the power imposed for
have recreational facili#: i.es r nless
may use the apply equally to all owners,
limitations ap. y after notice and hearing.
disciplinary reasons,
ARTICLE VZ
ARCHITECTURAL DESIGN AND CONTROL eVe
bdiyison standards- These restrictions h
6.01. Su ose to in any way affect the subdiThe
neither the intent .nor :perp
the County �f Butte.
n standards which are set up by, rin and execu-
s shall have the sole re'
sio or his agents as subdivider enginee 5
Declarant and/ in the planning ro erty prior to
of developing ment of said p p
sponsibility onsi.bility to coordinate and
tion of the subdivision a the eresp
land sales. It will b�:
meet the County requirements for said subdivision.
6.02. On site construction.
The location of the structure hall
Location on Lots- site and the landscaping ish as
A. the building adjacent p' p
structures on overal';l appearance and
beat such an over. -all rellt1O]eas 9e ad7 ll be placed
be Buildings shall
to create an aesthetica y p roved grad i.r►g
to maintain views from each lot. on the app
only on the maj° p c1 area as shotn
plan to be adopted y the'Associat'6n*
the location, styles
All fences, including thereof, shall be
B. Fences. height, and function riot to
material r color r royal of the Committee t
b`eeti to the written app view, before
u The Committee shall c�ns,3.der the
installation thereof.
topography of the land and the .,maintenance o
granting such approval. No fences, rails, hedges, or any
structure over forty-eight (48) inches in height shall be
placed or allowed to exist in front yard set -backs. Fence',
Walls, rails or hedges elsewhere on
ine lot height.sha Chain
je
limited to seventy-two (72) inches
link fences will be permitted only when there is sufficient
landscaping to effectively screen said fence, and then only
with prior written approval of the committee. The owner
will maintain and keep in good condition and repair the
fences located on his lot. If the owner fails or refuses to
fully and faithfully comply with and conform to the provi--
sions of this section, then the Committee ox its agent shall
have the right to enter upon said 1,ot or .lots. and perform
such work as may, be necessary to fulfill the requirements of
til,is section, assessing the cost: thereof to the owner.
c. Landscaping. Landscaping plans shall be submitted
to and approved by the Committee in writing prior to com-
mencement of construction. such plans shall show existing
vegetation as well as the proposed vegetation and layout.
Landscaping shall be maintained in a neat and orderly
.s :
condition at all times after installation so as to present
the
a pleasing appearance to the owners and occupants
building sites", The 1%8sociation hereby reserves the right
at all times, upon evidence, written or visual, of any
uh lanted or inaequately maintained vacant or improved
building site► to enter in or uVon said building site after
reasonable notice to the owner, to plant, cut or replant,
tr%m,
out back, remove, replace and/or maintain: hedges,
trees, shrubs, and flowers anti/or to keep cultivated and/or,
remove ;plants on any portion of the lot, all at the expense
of the owner; The Association, or any officer, or agent
thereof: shall not thereby be deemed guilty of any manner of
trespass.
Agricultural Use_ Lot. the Lot designated and to be
be maintained in reasonable
sold for agricuJtura use on 1: shall:
attractiveness. Any structural or other improvement upon said lot
and the nature and
b' the Committee, subject to review
and r:�:or approv l Y tent of its use shall be
p
-19"
6.04. Basic Structural Requirements.
A. Type and Character of Design. Exterior design in
each case shall be compatiole to the rural atmosphere of the
area and subject to appr vai by the Committee, in its sole
discretion. Decisions of the Committee shall be final.
B. Colors. All exterior colors, textures and materials►
including roofs, must be set forth in the plans and specifi-
cations and approved in writing by the Committee prior to
construction. Color samples shall be submitted witi plans
and specifications which said plans and specifications shall
be coded or marked so as to indicate where the colors are to
be used upon the finished dwelling. Careful consideration
of the adjacent and surrounding properties, as well as
over-all community appearance will be the basis for approval
or denial of such color schemes.
C. Size Requirements. No residence shall be erected in
the project having a total ground floor area of the main
structure, exclltsive of open porches, garages, patios,
exterior stairways and landings of less than 1800 square
feet.
b. New Materials Only and New Structures Only,. No second-
hand material shall be used in the construction of any
buildings or structure without the prior written approval of
the Committee, and all buildings and Lences which are of
frame construction shall be painted or stained with at least
two (2) coats upon completion
No buildings of any kind shall be moved from any other place
to any of said building sites, or from one building site
to another without prior written permission from the Com-
mittee.
E. Painting. All exterior wood and manufactured surfaces
Witt, the exced+,ion of brick shall be painted or stained.
E` Roof Design and Materials. No flat roofs or rock roofs
shall be permitted ekdept where the design concept in the
opinioh of the Committee is not detrimental to the environ-
mental character of the, adjacent property or the community.
-20-
t
The roofing materials to be used s
fired flat tile or hall be mission rile
Shake or shin l� all flat rile r c7.ay
qualityor
materials
material will bePreducts. No wood
Committee, g material; may No
y be submitted por, review by �. Y the
Driveways. Location of any located on an Y driveway
tee. Y lot shall be subject to to the residence
No single drivewayreview b
feet and no two driveways shall be wider �' the Commit -
combined total riveways on rho than thirty (30)
Septic Tank. S Width .in excess Same lot may have a
to be eptic tanks shall of fori.Y (40) feet.
determined by the Butte meet mini;num s I3
County �:ealthPlfications
Department.
ARTICLE Vxr
ARCHITECTURAL CQNTROI, COMMITTEE
7.01. Pur oSe
tectural Con ro � d Functions. The
aesthetic ,.3,«�the��� Lee oto Purpose of the
is to 'enforcelthefres trDeC lens nt ` achi eve and m Archi-
The function o he co n the
SPocifi%tions submitted herein b the Committee
construction for approval, and the. review of Plans and
and progress to insure conformity
inspect1oh of
Specifi .at os as aAProvto actual
clarantIt �.s not Y with the plans and
unique to
deprive the .individual o the :intent of the De
individuals 9n► but to protect the owner from having comprising the same, from unit g a home o
this Y as a whole and ttie
connection, in the undesirable construction.
reason, exec tions case of hardshi
Portion o p to any of the pr or other
f this to
m restrictions good
tame after contained in any
Proper aPPlication therefordin by the
to Committee .
Ing.
at any
02jtecturaI Committee Members /�
Contro C,ommlttee, sr aVrganizatioh and `Serm,
t 3) not more than f�� ` to Members. consist os.. The Archi-
not ess than three
• The. Declarant
A the Committee may appoint all Of
tl ,,
of `ae ori
anri:iversar and all replacement. original members
subdivision,o the issuance of a until the
The Declarant reser;vespto is re ort first
appoint a major�.t
ninet t90� the member itselfthe
for the
Y percent ) of rs o.t the Committ ewer to
all the lots in the until
project
-21
(including subsequent phases if any) have been sold or until
the fifth anniversary of the original issuance of the final
Public report for the first phase of the project, W`chever
first occurs. All such persons chosen by the subdi . � r may
be subject to removal by the subdivider at any time
B. After one (1) year from the date of issuance of the
original public report for the first phaso of the
the governing body of the Assocaton shall have the powercto
appoint one (1) member to the Architectural Control
Committee until ninety percent (,90%) of all of the lots in
the overall development have been solei or until the fifth
anniversary date of the issuance of the .final
ublic rt
for the first phase of the .subdivision, whichever first.
occurs. Thereafter the governing body of the Association
shall have the power to appoint all Of the members of the
Architectural Control Committee.
C. Members appointed to the Architectural Control Committee
by the governing body shall be from the membership of the
Association. Members appointed to the Committee by the
Declarant need not be members of the ,Association The
Association may impose necessary qualifications of prospec-
tive members so as to carry out the objective of
tural controls set forth herein. a'rchtecW
-
7.03. Action by Committee. The Committee members shall woric
as a panel, Eirstr vietvYn
g Plans and specifications submitted as
hereinafter stated
individually, and then subsequently discussing
said plans and specifications Jointly. A Written a
Committee Will constitute a pproval of the
urinary or final PProval of a majority of said prelims
submittals as the camay be or if do notice of
rejection is received after thirty se (30) days from the date of
receipt of said submittals, such inaction shall be deemed to be
approval. All decisions of the Committee shall be final.
Final, acceptance shall be in writing signed by a majority
of the members of the COMMitteer and it may be recorded in
which case such recordation shall be conclusive evidence 'of such
final acceptance. If no such final acceptance is given or
rpcarded, or if no notice of n0hcompliarice is recorded in the
Office of ehe County Recorder of Butte by or on behalf of the
Board irithih sixty (60) days after receipt by the Committee and
22"
Declarant of a copy of the duly recorded notice of completion the construction, alteration or placement o£ an p .ton of
the building site, then such failure to Y stru-cture upon
acceptance or to file a notices give °r record such
conclusive evidence of final; ac�ceptanceoc�flthecstructuree shall eb�esmed
Committee: y said
The actionS or inactions of the Committee or its agents,
when said Committee is exercising its discretion in
this Declaration in good faith, shall not be a basis forndamages
to any owner herein or any other damages
actions or inactions by Declarant, o r the`�Comm or shallee or an n m such
of the vely,Committeeon it its o£fi�~e,rs or agents, individuallyor
Collectively, constitute a ca�.�s�--,: of action for damages or equi-
table relief to any owner herein or any other person. acting singularly or
Declar
its successors or assigns, or the Committe or any member of a�}z�
Committee, or its officers or agents, ai.7l
together, shall not be responsibAe for an�z l
oss or damage, or be
liable in any other way tcsr an e
rrorg or patOnt, in the plans and sped ft,submittedlfor rpp ucha peovt
a1, or any building or structure erected in accordance with such
plans and specifications.
7.04. Architectural Permit,
A. An Architftictural_ Permit is required prior to comma
ment of construction on any lot evidencin a commence -
Committee of final g approval o£ the
plans and specificat�,ions. the
Plans must be accompanied b
valid for one p Y a fee of $25 The permit is
revisions must b year: AL;plication for renewal or for
$�5 be accompanied by an additional fee of
D. ,Plans for an addition )r al.teratioh to an
residence must be accompanied by fee of $50. existing
lot Upon t�hicubmission
-Ti o `stru"" o rel- atV Plans. The owner of e
ach
Committee a set of n rs cord; emp�'at""ed shall submit to the
drawings, Preliminary wol king drawings or single line
�! which shall, consist of: a plot plan, floor
elevation and a lot cross section showing the elevatioh an the
lot, home and plan and
aetver line.
request additional drawings for Upon review, the Committee may
el arficat:iol.
7.06. submission of Final Plans and SEecifications. Upon
approval of the preliminary plans, a set of f i nal plans and
specifications shall be submitted to the Committee for final
approval. Such plans and specifications shall describe in
detail the floor plan arrangement, elevations, section structural
solutions, use of material, heights and dimensions, site place-
ment, fences, grading, drainage plans, access, landscape and
patio plans and any other pertinent data as may be required to
fully illustrate the intended design, construction and use.
Physical samples of the exterior materials and colors shall also,
be submitted for apptovala Before giving any such final approval
the Committee way require that said plans and specifications
comply with any vh reasonable requirements that the Committee
may 'impose as to structural features, types of building materials
used, or characteristics not otherwise expressly covered by the
provisions herein. The approval by the Committee and issuance of
an architectural permit shall not relieve the Owner from com-
plying with any requirements of any public authority having
jurisdiction and shall not constitute any representation or
guarantee by the Committee or any member of the Committee or
beclarant as to the structrual sufficiency of: any construction.
Approval of the Committee of any plans or specifications, shall
not be deemed to be a waiver by the Committee of its right
to object to any of the features or elements embodied in such
plans or specifications if and when the same features or elements
are embodied in any subsequent plans and sa?ecific.ations submitted
for approval for other building sites,
7.07i lnspection and Conformity to Plans. During and after
completion or constructic,, Deciarant or any agent or any member
of the Committee may, from time to time, at any reasonable hour
or hours, with reasonable notice, enter into and inspect any
property subject to this Declaration as to compliance with the
approved submittals, Deviations shall be diligently guarded
against, 'a0d all such deviations or non -conformities set forth in
any notice of noncompliance issued by the Committee shall be
corrected prior to final acceptance as set forth below. Declares
ant, the Committee or any agent or officer thereof, acting in
good faith, shall not be deemed guilty of, or become liable for
any manner be trespass for such entry or ihspection.
7.08. Final Acceptance. The owner of each building site
agrees that he will not commence using the structure or strut-
24-
tures on the building site until final acceptance from the
Committee has been obtained in writing.
7.09. Enforcement of Committee Rulings. in the event of
the failure of any owner of a lot to comply withany notice of
noncompliance or directive or order from the Committee, then
in such event, the Committee or Declarant shall have the right.
and authority, after reasonable notic.., to per,Form the subject
matter of such directive or order;, and the cost of the perform-
ance thereof shall be charged to such owner and may be recovered
by the Committee or Declarant in an action at law against such
owner'.
In addition, this Declaration shall be deemed to vest the
Committee or Declarant with the right to bring a proceeding in
equity to enforce the general and specific intent of this Declar-
ation as follows:
If written notice to the Committee of step's to correct any
noncompliance is not given within fifteen (15) days, or if the
noncompliance is not thereafter cured within a reasonable time
from the date notice of such noncompliance is given by the
Committee to the owner of the building site whom, act or omission
constitutes such noncomplia.ice, the Committee or Declarant may
record such notice of noncompliance and thereafter file a pro-
ceeding in equity to restrain said noncompliance or attempted
noncompliance.
AATICLE ''.III
UTILITIES
8.011, Easements for Utilities and Maintenahce. Easements
over and under the Property for the i,nstallatio'n, repair, and
maintenance of electric; telephone, water, gas, and sanitary
sewer lines and facilitieso cable Or master television antenna
lines, drainage facilities, taalkways, and landscaping as shown on
the recorded trap of the Property, and as may be hereafter re-�
quired or needed to serve the Properky; are hereby reserved by
Declarant and its successors and assigns, including the Associa-
tion, together with the right to grant and transfer the sante.
8.02. Association's,Duties 4 The Association shall. maintain
-25-
all utility installations located in.. the Common Area except for
those installations maintained by utility companies, public,
private, or municipal. The Association shall pay all. charges for
utilities supplied to the Project except those metered or charged
separately to the lots.
ARTICLE IC
WATER SYSTEM'
9.O1. TJaher Supply. Water shall be supplied to the
Association and its Members initially by the iiumboldt Highlands
Mutual Water company. Each Member shall pay all assessments and
comply in all respects with the requirements of said water
company.
ART 1 CL E 'X
USE RESTRICTIONS
In addition to all of the covenants contained herein, the
tse of the :Property and each Lot therein is subject to the
following.
10.01. . se of Fro rr. No building shall be erected,
constructed, altered, or maintained on any of said lots other
than residence for a single fanily (including guests and
household servants) with customary and suitable outbuilding as
permitted by law and the Architectural Control Committee,
10.024 I;6catioft O ctrLctures. Construction of any and
every nature shall, be confined to and take place only within the
building limits of each building site. The location and design
of swimming pools, covered gazebos; and other outbuildingsr as
well as the main structures upon each of the building sites must
be approved in writing by the Committee prior to any construction
or preparation for construction thereon:
10.03. ub iyIsioh_ Df Slots: clone of the above described
lots shall be resubdivided or split into lots of a lesser size-
than
izethan the site of the original lot.
-26-
10.04. HelOht
landscape materials allowedlons. NO to crow upon aures steal L be placed h
suc
a manner as to substantially impair the view from nof hadjacent e lots nlots.
The ,term structures shall include fences.
10.05. Changing Grades, slopes and Drainage.
the established g No 0 ange in
grade or elevation of said lots, and ;no c,ange in
the established slope or ratio of the cuts and fills, which
alters established drainage patterns shall be permitted Without
the prior written consent of the Committee and without the
prior written approval of the County Building Department. For
the purpose hereof, established drainage patterns are defined
as the drainage patterns existing at the time the
said
property was completed in conformity with the rgradingadingf plan
heretofore approved by the Ca unty; No drainage shall be allowed
to drain over any banks.
Declarant hereby reserves the right to make any and all cuts
and fills on said property and on the building sites included'
therein, and to do such grading as in its Judgment may be nece's
sary to grade streets and lots designated or delineabod upon said
Map of said property or any part thereof.
Each of the owners of the lots covenants to Permit free
access by Declarant and owners Of adjacent lots to slopes or
drainageways located on his property when such access is required
for the maintenance or permanent stabilization of said slopes, or
maintenance of the clrainage facilities or for the Protection and
use of property other than the lot on which the slope ,or drain--
ageway is located.
10.06. Wells, Derricks and 14ihes. No wells for the praauc-=
tion of, or from which there is proccluced, Water., oil or gas shall
be operated upon an,. lot, except as perm itted by the Association
for water nor shall any machinery, appliance or structure be
placed, operated omaintained theteon fot use in connection with
any tradin acturing or repairingbusiness
u'a'rrying operations of any kind shall be permittedoupon l�ok in
any lot, hot shall oil wells, tanks,,
or an tunnels, min�_ral excavations
shafts be permitted upon ahy lot. Declarant hereby reserves\
all crude oil, petroleum, gas, urea, asphaltum and all kindred
substances and other minerals Undet�
sUtf�ace entry rights. and in said land, and al ""�
".27::
10.07. Nuisance and Non-conforrmmity. No noxious or offensive
trade or activity shall be carried on upon said property within
the project., nor shall anything be done thereon which may be or
may become an.annoyance� or nuisance to the owners or occupants of
said prope,-.,tvr including but not: limited to the storage of any
materials which might create an insect pest control problem, or.
the ill -maintenance of any plant or landscape materials.
A. Livestock. No farm animals, livestock, or poultry
of any kind shall be raised, bred or kept on said real
property, except that dogs, cats or other common household
pets may be kept provided that they are not kept, bred or
maintained for any commercial purposes or in unreasonable
quantities, and provided that they do not become a nuisance.
to the owners or occupani�s of saidro ert
p p y, and provided
that owner is in compilance with any applicable ordinances
of the County of Butte. The agricultural use lot: is ex-
cluded from this Article 'X, Section 10.07A
s. Temporary Structures. No tents, shacks, trailers,
basement, garage or outbuildings shall at any gime be used
on any lot as a residence, either temporarily or perma-
nently; nor shall any residence of a temporary character be
constructed, placed or erected on any lot.
C. Signs. No signs of any kind, or other advertising
device of any character, for any purpose or use whatsoever,
shall be erected, posted, pasted, painted, displayed or
maintained on said property, except that: on any one (l)
lot or building site one (1) sign, not larger than five (5)
square feet in size, advertising the, property for sale or
lease, may be erected :and maintained.
D Poles, Fasts and .Antennas. No poles, masts or antennas
of any type, size or height shall be constructed on any lot,
or on or above the roof of any dwelling or structure, except
with prior approval of the Committee.
E. upkeep of Real 'Property. 'Each lot owner covenants to
keep, maintain, water, plant and replant all areas, slopes,
banks, r-ights-of-way, and set -back areas located on his lot
so as to prevent et,`osioh and to present an attractive,
clean, nightly and wholesome appearance at aiitimes.
IRE
F. Vending of
Liquor or
Beverages.
No
liquor or
alcoholic
beverages of
any kind
shall be
sold
on said
property.
G. Storage of Materials, Junk, Trash and Manure. The
storage of or accumulation of junky trash, manure and other
offensive or noxious materials is specifically prohibited.
14. Storage of Cars, Trailers, Campers, Boats, Etc. No
trailer, camper, mobile home, motor home, house car, com-
mercial vehicle, truck (other than: a standard size pickup
truck or standard size van), inoperable automobile, boat
or boat trailer of any type shall be parked on any street or
building site, other than temporarily if visible from the
street or adjoining lots. Motor vehicles shall not be
parked longer than seventy-two (72) hours outside of a
garage on any lot where visible from street. No painting,
repairing or mechanical work, other than customary main-
tenance work and minor emergency repairs, shall be done
on any lot except in enclosed areas approved by the
Association in writing, which areas shall be sufficiently
screened from the street and adjacent lots to eliminate any
possibility of a nuisance being created by storage of such
items or activities involving such items. Each lot shall
have the right to use one (1) space in the Common Area
storage facility, and additional spaces, if available, may
be used only with the written permission of the Association.
No storage space may be sold, rented; leased or otherwise
made available to individuals not owning a lot in the
project.
I. Use of Garages. No dwelling shall be constructed or
maintained on a lot Without a garage lar9e enough to contain
two (2) standard sized automobiles, which garage shall be
used to park the automobiles belonging to the owner or
occupants of the lot, and for other purposes not income
patible with such use. ;Automobiles are to be kept in the
garage when not in use. The use of carports in place
of garages is specifically prohibited.
(1) Garages Facing Streets. The doors of a garage
facing the street or streets adjacent to the building
site uon which said garage is located shall be kept
closed at all Times, except when an automobile is
entering or exiting to or from said garage.
-29�.
(Z) Guest Houses. No guest house may be ,proposed or
developed on a building site unless an extra covered
car space is pT;ovided and a w
approved by the Committee.
10.08. Diligence in Construe ion, The work
of i
and erecting any building or structure shall becprosrecuted
diligently and continuously from the commencement thereof until
the same is completed. No outbuildings shall be completed prior
to the completion of the building, except that temporary office
and storage buildings may be erected fir workmen engaged in
building a duelling on said property. Such temporary buildings
must be removed as soon as the dwelling is completed,, All
structures shall be suitably painted, colored or stained immedi-
ately upon construction as per
construction schedule shall be submitted ssaecifications. The
and specifications and shall be subject to theappraooval the plans the
Committee. A licensed general contractor shall be required and
be responsible on all construction.
18.09. Trees and shrubs. No trees, shrubs, or other
natural elements a�f ectinenvironment of the area shall be
placed, removed, trimmed or cut without the written approval of
the Committee.
The Association or its agent hereby reserves the right to
enter upon ariy of the lots at any time to inspect and control the
Plants, trees and seed thereon and also to inspect for and
control insect pests. This right shall be exercised in the
following manner: If, after notice to the owners from the
Association of the existence of infected plants, tree diseases,
or insect,
pests the owner fails or neglects to take such meas-
ures for the eradication or control, of the same as the As-Socia-
tion
may thereupon enter protection
and Y► e
tion may deem necessary for the rotect ion of the cottunuhit th
se of
the owner thereof, destroy or remove infected ar diseased pians
end/or trees, and/Or spray the same,` and/or take such other
measures as may be deemed necessary for the protection of the
community, the Association may thereupon enter thereon and, at
the expense of the owner thereof, destroy or remove infected or
diseased plants and/or trees, and/or spray the same;, acid/or take
such other measures as may be deemed necessary in the opinion of
the Association to
protect- the community from the spread of such
infection and/or pests; and the Associ-ition, or any officer or
-30-
infection and/or pests; and the Association, or any officer or
agent thereof, shall not thereby be deemed guilty in any manner
of trespass.
10.16. Use'of Common Area. The Common Areas shall be used
in a reasonable manner and used solely for the purposes desig-
hated, including but not limited to the following:
A. No motorized vehicle shall be operated in any part of
the Common Area except upon improved roadways.
B. All common areas, utilities, easements, and common
rights and uses which the owners derived by purchase of a
lot shall be available to any lot owner in any subsequent
phase of the project '(i.e. annexedproperty) subject to all
covenants, conditions, and restrictions imposed herein and
in any other subdivision documents on the same basis as
available to lot owners of the first phrase of the Project,
and subject to the same obligations, assessments and duties.
C. Liability of Owners for Damage to Common Area. The
owner of, each lot shall be liable to the Association for all
damages to the Common Area or improvements thereon caused by
such Owner or any occupant of his lot or guest, except for
that portion of said damage, if any, fully covered by
insurance.
ARTICLE I
GENERAL PROVISIONS
11.01. Enforcement. The Association, or any Owner, shall
have the right to enforce, by any proceeding at law or in equity,
all restrictions, conditions, covenants, reservations, liens, and
charges now or hereafter imposed by the provisions of this
Declaration► and in such action shall be entitled to recover
reasonable attorneys' fees as are ordered by Court. Failure by
the Association or by any Owner of a lot in the project to
enforce any covenant or restriction herein contained shall in no
event be deemed a waiver of the right to do so thereafter'.
_31-
X
ll.p2• Invalidt of any Provision. Should any provision
or portion hereof blaw
e decla this Project risnsituatedt theconflict hvali��ity
of the jurisdiction where
of all other provisions and portions hereof shall remain unaf-
fected and in full force and effect.
this
1.1.03. Term. The covenants and restrictions shall inure
Declaration sh-j 1 run with and bind the Propertyhe nd shall in re
to the benefit and shall be
trto ble thisyQeclaration, their
the Owner of any property
respective legal representaears tives£rom tyle date this r Declarationis
for a tem off: thirty (30) y shall be automatically extended
recorded, after Which time they ears, unless an instrument in
for: successive period of ten (10) y f the lots, has
writing, signed by a majority of the then owners o of each
been recorded within the year Preceding the beginning
successive period of ten (101 years, agreeing to change said
covenants and restrictions in whole Or ito terminate
n part, or
the same.
on
11,04. Amendments. Prior tendlthisof escrow thDeclarat on withsale
the
the first lot, Declarant may am
Ater sale of the
consent of the Department of Real
a statd�only by the affirma-
first lot, this Declaration may representing a majority
tive vote or written consent of members
of the total voting polder of the Association whiob. shall include
a majoriLy 01, the affirmative votes or written convent of members
other than the, Declarant, or where tthoftwo c, ass(21 aof membess r
structure is still in effect, a majority ower' necE— ary to amend
ship, However, the percentage of voting p
a specific clause shall ntbe
es thancionthe ptos be btakenrunder
arse of affirmative votesrequired,
that clause. Any amendment must be recorded and shall become
effective upon being recorded in the Recorder's Office of the
e£ No amendment shall adversely affect the rights
County o£ Buttc.
of
the holder of any mortgage. of record prior to the recordation
of such amendment.
11.05.
Rests: of Institutional Lenders= No breach of any of
a ofttainedr nor
the covenants, conditions lien
p�ov s4 ons herein,cshall tender
the enforcement of any e With
i�iva? id the lien of any first mortgage (meaning a mortgage oQU
first priority over any
other mortgage) on any lot made in g
faith and for value, but all of said covenants, conditions and
-32-
against
restrictions shall be binding upon h noreclosuree or trusteens
o%jr,=r' whose title is derived through re provision in this
sale, or otherwise. Notwithstanding
y, Institutional Lenders shall have the
Declaration to the contrar
following rights:
A. All institutional for notices of ave with t
he
de:fault filed shall he
Association a request
ritten natio from
the
ation of
entitled to receive wdeed oftrustona lot or
any default by the trustor air any
improvement thereon (the beneficial interest in which is
said institutional lender) in the performance of
held by hich is
such trustor't obligations under this Declaration, w
no cured within sixty (60) days.
tify
B. The Association shall discharge its obligation notices trequired
institutional lenders by sending written
f,;,
,..rein to the lender or lenders requesting notice, at the
uest
address given on thArtcurrent icle X, Paragraph l0•notice, in ttie
manner prescribed by
no provisions C„ This Declaration contains creatingould any such rights be
„.right of firs': refusal" r burights shall not impair the
created in the future, any foreclose or
rights of any Inst tu•tional lender to: (1)
take title to a lot and any improvements thereon pursuant to
the remedies provided in the mortgage, or (2) accept a, deed
ror assignment) in lieuof foreprslee in ase a unteacquired
default by a mortgagor, o�^ (3) sell
by the mortgagee.
D Except as provided by statute in Lase Of condemnation or
substantial loss to the common elements five of the percent P(75%)cte
of
unless the holders of at least seve Y -
the first mortgages (baeed� upon
vidual (lotso have given their
prio�awri,ttendappof the i
royal, the Association shall not be ent
filed to
(1) By act or omission, seek to abandon, partition,
subdivide, encumber, sell or transfer the Common Area.
(Neither the granting of easements for public utilities
or for other public purposes consistent with the
intended use of the common area not leasing of the
-33-
Restricted Common Area -shall be deemed a transfer
within the meaning of this clause);
(2,) Use hazard insurance proceeds for losses to any
Common Area for other than the repair, replacement or
reconstruction of such Common Area.
11.06. Insurance; Damage or Destruction: The Association
shall obtain an continue in etiect a master policy of insurance
covering all of the real property and. improvements of the Common
Areas, and protecting the interests of the Association and its.
members, including, without limitation, fire and extended cover
age and insuring the full replacement value of all improvements
in the Project and public liaility insurance insuring the J sso-
ciation and each owner for his liability for the common area with
"severability of interest provision" and "waiver of subrogation
provision" and a fiut�lity bond covering officers, directors and
employees in an amount to be determined by the Association.
Insurance premiums for the Common Area policy shall be a
common expense to be be in the monthly assessments levied
by the Association, and the portion of such payments necessary
for the insurance premiums shall be used solely for the payment
of the insurance policy premiums as such premiums become due.
If any of the Common Area improvements are damaged by fi-e
or other casualty, insurance proceeds payable to the Associat'o.n
shall be used to rebuild or repair such damage substantially
accordance with the original plans and speci-fications therefdv*
Any excess insurance proceds shall be deposited to the general.
funds of the Association. In the event the proceeds of the
Associationis insurance policy are insufficient to rebuild or
repair as specified, then the Association may use funds from its
account or if necesary from levyirlg a special assessment on all
lot owners, or on those responsible as provided in Article IV,
Paragraph 4 to restore or rebuild said Common Area improvements.
11.077 Limitation of Restrictions oft Declarant. Declarant
is undertaking tTie wotT" of eve opment of ots and incidental
improvements upon the subject property. The completion of that
work, and the sale be other disposal of said lots is essential to
the establishment and welfare of said property as a residential
community. in order that said work may be completed and said
-34
property be established as a fully occupied residential community
as rapidly as possible, nothing in this Declaration shall be
understood or construed to:
A. Prevent Declarant, its contractors, or subcontractors
from doing on the Property or any part of it, whatever is
reasonably necessary or advisable in connection with the
completion of said work; or
B. Prevent Declarant or its representatives from erecting,
constructing and maintaining on any part or parts of the
Property, such structures as may be reasonable and necessary
for the conduct of its business of completing said work and
establishing said property as a residential community and
disposing of the same in parcels by sale, lease or other
wise; or
C. Prevent Declarant from conducting on any part of the
Property its business of completing said work and of estab-
lishing a plan of ownership and of disposing of said
Property by sale, lease or otherwise; or
D. Prevent Declarant from maintaining such sign or signs on
any of the Property as may be necessary for the sale, lease
or disposition thereof.
The foregoing limitations of the application of the restric-
tions to Declarant shall terminate upon the sale of Decla
rant's entire interest in the project.
Declarant shall make every effort to avoid disturbing the
use and enjoyment of their lots and the Common Area by owners,
while completing any work necessary to said lots or Common
Area.
1.1.08. Termination of any Res onsibility_ of .Declarant. In
the event Dec grant shall convey all of its right, title and
interest in and to the property to any partnerships individual or
individuals, corporation or corporations? then and itn such event,
Declarant shall be relieved of the performance of any further'
duty or obligation hereunder, and such partnership, individual or
individuals, corporation or corporationsr shall be obligated to
perform all such duties and obligations of the Declarant.
-35-
11.09. Owners' Compliance. Each owner, tenant or occupant
of a lot shall comply with provisions of this Declarat4.on,
and to the extent they are not in conflict with the Declaration,
the Articles and the Bylaws, decisions and resolutions of the
Association or its duly authorized representative, as lawfully
, and failure to comply with any such
amended from time to timean
provisions, decisions, or resolutions, shall be grounds for v
action to recovs-r sums due, for damagesr or for injunctive
relief.
All agreements and determinations lawfully made by the.
Assnciat.ion in accordance with the voting percentages established
be
in this Declaration. or in the Articles or the By luasr
cessorsl and
deemed to be binding on all owners of lots, their
assigns.
11.10. Notices. Any notice permitted or required by the
Declaration, Articles or Bylaws may be delivered either person-
ally or by mail. if delivery is by mail, It shall be deemed to
have been delivered seventy-two (72) hout", offer a copy of the
same has been deposited in the. United States mail, postage
prepaid, addressed to each person at the current address given by
iation or addressed to
such person to the Secretary of the Assoc
the lot of such person if no address has been given to the
Secretary.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has executed this Declaration,this day of
1985.
RAy E JOHNSON
I
I.G. ►
`�
11.09. Owners' Compliance. Each owner, tenant or occupant
of a lot shall comply with provisions of this Declarat4.on,
and to the extent they are not in conflict with the Declaration,
the Articles and the Bylaws, decisions and resolutions of the
Association or its duly authorized representative, as lawfully
, and failure to comply with any such
amended from time to timean
provisions, decisions, or resolutions, shall be grounds for v
action to recovs-r sums due, for damagesr or for injunctive
relief.
All agreements and determinations lawfully made by the.
Assnciat.ion in accordance with the voting percentages established
be
in this Declaration. or in the Articles or the By luasr
cessorsl and
deemed to be binding on all owners of lots, their
assigns.
11.10. Notices. Any notice permitted or required by the
Declaration, Articles or Bylaws may be delivered either person-
ally or by mail. if delivery is by mail, It shall be deemed to
have been delivered seventy-two (72) hout", offer a copy of the
same has been deposited in the. United States mail, postage
prepaid, addressed to each person at the current address given by
iation or addressed to
such person to the Secretary of the Assoc
the lot of such person if no address has been given to the
Secretary.
IN WITNESS WHEREOF, the undersigned, being the Declarant
herein, has executed this Declaration,this day of
1985.
RAy E JOHNSON
I
STATE OF CALIFORNIA
ss
COUNTY OF BUTTE
On this day of 1985, before me, the undersigned
U; Notary Punic, personally appeared Ray E. Johnson, personally
known to me to be the person whose name is subscribed to the
within instrument, and acknowledged that he executed it.
WITNESS MY ELAND AND OFFICIAL SEAL.
"STATE OF CALIFORNIA
ss.
COUNTY OF bUT.TE
On this _ day of , 1985, before me, the undersigned
Notary Public, perso` nay appeared Lorraine Johnson, personally
known to me to be the person whose name is subscribed to the
Within instrument, and acknowledged that he executed it.
WITNESS MY HAND AND OFFICIAL SEAL.
-37-
i
tid
tl
Mer -De
urs 1
To Board of Supervisors
s
SROM: Pahning Commission
SUBJECTI Interpretation of Ordinance as
zonittg Land trust. it relates
to Conditional PA,C
September 11, 1985
The Board of Supervisors `
question involving the ��' given the authority
provision of t ante 'rPtat ,on e)r a to decide any
he ,zoning ordinance. Pp�'ca:ion of any
requestec9 far a �zonin Such an interpretation is
5 condition of the Pp_C approval.
When the Board of Su
the Property Supervisors
rlaQrs adopted Ordinance 2348 Rezoning
in the notin toPA-C y 3, 1983 tate
place a one z a statement oning
"Establ,sh Year gime line o was ':included
R a land trust for the n Condition 18;
l5G acres, of opens
The first Pace.,.
question to be resolved
line for a 0ondition of compliance with th
is whether the the PA -C aPprotr3Y �: time
conservation easementadeed andmlandtb 1 The second
Y the a question
to satisfy the condition. rust is pplzcant,for a
legally suffi cieiyt
The one � rom
ex x.red Year time line from
p or June 2, 1984 , the effect date Of the o
were in attendance he applicants and ordinance
not recall the iiisertianeofa het l�$3 project an
Board Meeting drdo�ntative
18, "Establish a Year's time line on Cohditzon
The list of co land trust on the ].56+
Board hearin ndit-ions sent out to acres of a s
g also did not the applicantop�Atvinace+"
to establish the land trustndicate the one g the_
have a zonih year lirhitation
. The Board show,.,
Staff reco g violation and if so what r-;-hO d determine ob we
expiration Ofntd ntativeemaLon of ti Y should be considered,
fie to coincide With the
Count
approval as ,
Y Subdivision Ordinance and State Subdivision
provided for �n the..
The applicant's attorney Map Act,
Basement, ArticleS of �' has submitted a Deed of Conservat�
and BY -Laws of Incorporation of Butte Count
Butte Count on
being reviewed b Y hand Frust; 'These docments Trust
Y County Counsel, and by Plannin e
A land trust is a g Staff';
formed to teceive andholdnoir-profit conservation Organization
the people, If estal'�:lishedproperty interest for
the first Such trust Zvi t,tl n �Bthxs land trust Would benefit �'
requested and `received utte Count represent
Informat, on h
iibn- from the Trust for p as been
to aprofat laird conservation organ-ization ublic La
legal definition of e nd ITPL) a
revi
ell d thea , n San Prancxsco as
land tr�s�;� TPL
submatf:ed h- applicants p staff have also
Y the a pro osal to determine if the information
'with trusts ostab ppliclant Coberet ne$ a lana trust `
the state: �n accordance
Boardofsupervisors
Page Two
September 11, 1985
The major concern of the TPL staff is the concept of a land
trust comprised solely of three directors, two of whom have
strong financial ties to the one conservation easement that the
land trust was created to hold,
A Properly .formed land trust is a community based group of
private citizens motivated toward a common goal, the
Preservation
of resources. The ,success of a land trust is dependanteuponon
their Board containing people who have credibility with land
owners and have community support, The Board should contain
a representative balance of interests ie realtors, farmers,
merchants, economists, conservationists,
Even though the immediate interestill forming a land trust
for open space is a result of an effort to fulfill the conditions
of approval; of a tentative subdivision map, there are two other
Projects which are required to also form open space land
trusts as a part of their specif+a plans (Canyon Park & i3iwelJ
Heights). It: Would be. appropriate in the formation of a land
trust in Butte County to anticipate a broader interest than a
single project focus,
It is staffs understanding that there is already interest in
Butte County in forming a land trusty that a citizens committee
has been in contact with TPL asking fir advice & direction in
the formation of a trust.
Your Board'sreponsibility in interpreting the zoning code is
limited to the consideration of the
easement and Whether or not it is a pIandsTrustnsc.r,Staffnhas
attempted to advise your Board on the intent of'a "Land Trust"
kith the exception of theformatioh of the Hoard
Management , and lack of a
financial endowment to cover the cost of anagement of the la,
trust, the proposal conforms to the legal requirements.
The Covenants and Restrictions are in ]ceep ng with the PAC'
approval. The Grantor's retained rights should be reviewed due
to cont', its with the PAC approval (page 5&6, 1k4,(fl0 & ill}
The applicant is anxious to file a final map, in keeping the conditions of approval, and the "leping with
and trust" ke the only
outstanding item, As Ain ,alternative,your Board might wish
to consider requiring a note on the final map that "no
further building/develo mein
conservatioh easement has been pdeeded and ermits lrrecordedbe �touatIan 6
trust.i' This would offer the applicants sufficient time to
explore texpansion of the Board of Directors and ��
endowment and .stabl.ish an
1
Board of Supervisors
Page Three
September 1.1,, 1985
BAK': j me
Attachments: May 3, 1983 Board of Supervisors' minutes
April 20, 1.983 Memorandum to the Board of Supervisors'
Deed of Conservation Easement, Articles of
By -Laws of Butte County Land Trust
cc: Ray Johnson, Jr. - 14 Mile House, Inc. a
cc: Alan t. Burchett
3120 Cohasset Road
Chico, CA 95926
a
i
RECORDING REQUESTED BY:
Outfe Co. Planning Comm.
WHEN RECORDED RETURN TO:
Oroville, California
(Space Above This Line far Recorder's Use Only)
I�E�D_ 0�.�n te�R�AR,TON �z� ,+c•*gym
THIS DEED is made the
and between RAY E. JOHNSON JR day of
an undivided one-half and MARY' LOU JOHNSON each 1986
as to
�„ interest, hereinafter
Grantor and BUTTE COUNTY LAND TRUSTcalled
�ointl
"Grantee": hereinafter called
WHEREAS, the Legislature of the State of Califo
rese land in ,
I rnia has
Preservation c of ed �.n California Civil Code Section 815 that found t
historical, forested or o natural, scenic the
important environmental pen space condition is�am nriaultural,
f'oun,d it to be assets of California and g the most
state to Public policy and in the has further
encourage the voluntary conveyanlc interest of this
Pub
o qualified nonprofit organizataons� of conservation
' easements t and
p Property
the said Grantor is the owner
real ro ert hereinafter described and more n
Exhibit �'A �� in fee of the
► Situated in Butte Count lly set forth in
referred to as "the Property") Y► California
{hereinafter
WHEREASi the said land of
natura scenic beauty,said
existing openness, Open has great
ecological significant)a and
peh space value and
conserve for the public benefit d Grantee desire td f,
WHEREAS, the Grantor an
and ex Stiing openness and nate altconhe itgreat a di �f�� �
natural scenic beauty
f the Property; and
real CV);`EREAS, Grantee
Property for charitable s organized to receive interests in
of preservin real Pur oses
9
property aS open spacwhich
ndinclude the purpose
WHEREAS, Grantor is
conservation easement Willing to grant to
as he�:einafter expressed Grantee a
r and thereby
8yljg
l
protect the present scenic beauty and openness by the restricted
use and enjoyment of, the Property by Grantor due to the
impositions of the conditions and covenants hereinafter
expressed, and
WHEREAS, it is intended that this conservation easement
constitute enforceable restrictions within the meaning of Article
XIII, Section 8 of the California Constitution, that this
easement shall thereby qualify as an enforceable restriction
under the provisions of the California Revenue and Taxation Code,
Section 402.1 and that this easement shall
conservation easement for purposes constitute a.
of California Civil Code
Section 815.
NOW THEREFORE, for and in consideration of
premises, Grantor does hereby granGrantee an
the
t and convey unto
estate, interest, and conservation easement in gross in the
Property in perpetuity for light, air, view and for the
preservation of the nature and character of the scenic qualities
and natural Zesource values of the. Property and to
hereinafter expressed, the extend
which estate, interest and easement will
result from the restrictions hereby imposed upon the use of the
Property by Grantor. To that end and for the purpose of
accomplishing the intent of the parties hereto, the Grantor
covenants on behalf of himself, his heirs, successors and
assigns, with the Grantee, its successors and assigns
refrain from doing, severally and collectively, Upon th to do and
he various acts hereinafter mentioned, e Property
perpetuThe covenants and restrictions hereby imposed in
ity upon the use, of the Property and the acts which
Granton shall refrain from doing upon the Property in :connection
herewith are, and shall be as follows:
Will bep� . That no buildings, billboards or other rjtructurcli
Placed or erected upon the Property except as set forth
in the reservation to Grantor below.
a
That no signs or advertising of any kind
shall be located on the Property except for the specior nature
fie
Purposes off' posting the property and limited
d showing ownership.
3. That no use of the Property which will or does
lly alter or disturb the landsca e
materiae/ groundcover or other attractivep' native tree'
wildlif
Property, including damage to sand Property by scenic features of the
Grantor, other than those specified herein, shallive8be done oOWhed r
suffered.
4. That no Industtial or commercial 8�ctivity wi
Permitted on the Property, ll be
2
5. That no cutting or removal of trees for commercial
purposes will. be allowed in the Property.
6 That no deposits or dumping on the
solid or liquid refuse, waste or Junk will be property of any
perm
however that this restriction sha11 not a s tied, provided
septic systems and agricultural uses. pplY to waste from
7•- That Grantor s17,i1 permit reasonable access to said
property to persons for leg, .mage scientific research purposes
Upon seventy-two (72) hours' t.otice to Grantor from Grantee.
%�• G`NAIFNT OF �'ncx'R.nxim
Fi Y f' T? 11 Atm�+1+
Grantee' covenants that this easement
assigned except to a government y gr a may not be
agenc
corporation, described in Sections ag c 3 non-profit
2522(a)(2) of the Internal. Revenue Code,( as amendedp w (2) and
among its purposes the conservation of open space, which has
Bi RIGHT OF F t'TZX
right: oconve access
ed b the general public to an
of the Property:. �• i y portion
Y y th�.s conservation n easement The,
Y
Grantee or its agent may entel onto the Property to ascertain
whether the use restrictions set forth above are bung observe
at times reasonably acceptable to the Grantor, a
C. aBRLFaTLAN12_Mj=-N
The obligations of Grantor" herein set forth shall not
be personal to Grantor
Property, k out shall run With and burden the
t Y► anc all obligations, terms, conditions, and
restrictions hereby imposed shah be deemed to be covenants and
restrictions running With the land and shall be effe an
limitations or e
recardat on of i�his document and Propery from the date of
d`pshall bind all
assagns of Granh,or in the oWnersha of the Property.
and
D.
If any provision of these restrictions is held to be
prvtilid Or f r. areason becomes unenforceable, n� oth
thereby affected or impacted er
Any act or, any cotiveyance, Contract., or authorization
+ Would permit use Uses or Wotjld cause
to be used or or oral b the Gro�ntor whach
whether 'writte
the Property contrary to the
3
terms of theGrantwill be deemed a breach 'hereof
may bring" an action in court necessary to enforce this
. The Grantee
including, but r.ot limited to, injunction to Grant
breaching activity and to force the restoration of all damage
done by such activit terminate
Y, or an action to enforce the terms algid
provisions ?iereof by specific
such enforcement action broughtpon£th�ance. In the event of any
of any required restoration and Grantee'stetpetGisest and rests cos'
Suitt including atto`rney's fees, shall be borne b, of
those of its successors or as against }� Grantor or
entered, or, in the event that the Grantee osecures red
without a completed m a judgment is
its successors or assigns who are o erwise Grantor
tar or those redress
responsible for the unauthorised activity, determined to be
It is understood and agreed that the
Proceeding provided in this subsection �s not exclusive and enforcement
the C,iantee may pursue any appropriate legal and equitable remedies. The Grantee shall have sole discretion to determine under �ihat have an action to enforce the t
conditions of this easement shall be brought in law or in equit�e
Any fo.,ebearance on the arms and
provisions hereof in the pevent fofranbreach shto all enforce
the terms and
be deemed
waiver of Grantee's rights regarding any subsequent breach.
F. TAXEa-AMLA0XZ9zFa1TS
a
Grantor agrees to pay or cause to be
property taxes and to
levied or assessed against the
Property. paid all real
G bg7�im-iaNBrLC E
The Grantee shall; not be obligated to maintain
or otherwIse expend any funds in connection with the Property improve
any interest or easement crreated b
expenses for such maintenance, imps vementthis ffer" li1'1 costs yand
Shall be borne by the Grantor. • use or possession
H' LT.A�.ZL I TY 11ND t *1, M.
This conveyance is made and accepted upon the e.
condition that the Grantee> its officers,, directors
agents and emplovees are to be free from all liability xbers's
for damage y ► members,
b reason of any injury to an ty and claim
including Grantor, or property of an y person or persons,
whomsoever belon in
g gr Of Grantor, fr m an
the and Causes
to
thatsoe��erY except matters arising out of,; the sole ne li
antee , SP.s
whale in, Upon, or lin anyway connected co of
Proprty. Grantor hereby covenantx
and hold harmless the Gracltee ng and agreeing to i,ndemhify
r its officers, directors members;
4
agentsemployees from all liabil tYo such injuries or loss, cost and
obligations on account of or arising
outlosses however occurring.
The Grantee shall have no right of
control over,: nor duties and responsibilities with respect to
which would subject the Grantee to any y
property virtue of the fact that the right of
occurring upon the land by
the Grantee. to enter land is and
the limited
doesonotpreventing
uses inconsistent with
theinterest granted
the right to
center ondition the as land for defined by purposes
liforn�,ao£Government correcting Code
dangerous con .
Section 830.
j , ���NTUR � G RFTATNiap RT 'HTS
Grantor retains all rights► privileges, powers and
immunities with respect to the �Ptoperty► including the right of
exclusive possession and end+
yment► subject only to the
restrictions and easements set forth in the grana of the
conservation and scenic Easements in gross.
The following enumerated uses shall without limitation
be uses reserved by Grantor
purduemedt to hbegconsistent rant of n with conservation
easement; and which uses the rant of conservation
purposes intended to be attained
or limited by it:
easement and are not precluded► p
1. The right to construct and occupy recreationally
cilities and associated facilities.
related trails, picnic fa
z. The right to erect and maintain fences on the
ith
Property of the typo which does, not signif which yarete Cher rfetewlow
visual access to the real property and
a of deer and other
enough or open enough to Permit free passage
native wildlife to and from the real property.
3. The right to install and maintain on the property
inconspicuous security devices for protection of the safety of
Grantor and prevention of trespassing on the property.
4. The right to place feeders, water containers,
agricUlturlty
-- e windmills► and/or necessary sheds to
ap
accommodate livestock on the rtOope inerude cos �littlea as possible
accomplished �n such a way a
upon the landscape.
5. The right to remove any vegetation which
Constitutes or contributes to a fire hazard to residential. use of
neighboring properties.
6. The right to install or epait uhderground utility
lines and septic systmns
5
7. The right to use water resources on the property
�.' for uses consistent with the terms of this easement, subject to
f. any necessary governmental permit requirements.
B. The right to employ "controlled burns" for fire
protection and habitat enhancement purposes pursuant to required
novernmental approvals.
9. The right to take reasonable measures to prevent
trespassing on the Property .such as by erecting fencing and/or by
posting notices prohibiting trespassing.
lb. To control predatory and problem animals, but only
through the use of selective techniques that are limited in their
effect to the specific animal or animals that have caused
significant damage to livestock or other property; and
7,1. To fish and hunt. waterfowl and game animals at
levels not detrimental to maintaining the optimum balance of fish
and Wildlife within the available habitat.
All use and occupancy of the Property not inconsistent
with conditions and restrictions herein imposed shall be allowed.
J. SUCOC 02S AND AS SIGNS
The terms; covenants, conditions, exceptions,
obligations, and reservations contained in this U:'fer shall be
binding upon and inure to the benefit of the successors and
assigns of both the Grantor and the Grantee, whether voluntary or
involuntary.
GRANTOR:
RAY E. ►7OHNSON, JR.
MARY LOU JOHNSON
Accepted by GRANTEE:
BUTTE COUNTY LAND TRUST
By:.
STATE OF CALIFORNIA
COUNTY OF BUTTE S.
me, On this day of ► 1985, before
the undersigned Notary public,
personally appeared FAY E. JOHNSON, STV.. and MARY LOU JOHNSON,
personally known to me or proved to me on the basis of
satisfactory evidence to be the persons whose names are
subscribed to the within instrument, and acknowledged to me
they executed it. that
WITNESS my hand and official seal
Notary Public
STATE OF CALIFORNIA j
ss.
COUNTY OF BUTTE
On this day of
me, r 1985, before
personally appeared
,r the undersigned Notary Public,
known to me or proved to me on the basis of satisfactorperson lly
ce
to be the person who executed the within instrument nas
or on behalf of the corporation therein
named, and acknowledged to me that the corporatl.on executed it.
WITNESS my hand and official seal.
Not�'Iry Public
7
ARTICLES OF INCORPORATION
OF
BUTTE COUNTY LAND TRUST
I
TRUST,......
The name of this corporation is BUTTE COUNTY LAND
TI
A. This organization is a nonprofit
corporation and is not organized for the priva Pu gain benefitublic asy
person• It is organized under the Nonprofit Public Benefit
Corporation Law for charitable purposes.
B. The specific purposes for which this corporation is
organized incluae, Out are hot limited to: the preservat',,)n of
land for scientific, historic, educational,
recreational, agricultural, scenecological,
ic or open spare ecoloopportunities.
I xI_
The name and address in the State of California of this
corporation's initial agent for service of process is: ALAN E.
8URCHETT,120 Cchasset Road, Suite 6 Chico, California 95926.
IV
A• The corporation is organized ani Operated
exclusively for charitable purposes within the
501(c)(3} of the Internal Revenue Code. meaning of Section
B• Notwithstanding
Articles, the corporatany other provision of these
ion shall trot carry on any activities riot.
Permitted to be carried' on (1) by s corporation okgtnaTpm
federal income tax under Section 501(c)(3) of the Ljhternal
Revenue Code or (2) by a corporation contributions to which are
deductible under Section 170(cj(2) of
the
Stai:esponding provisions of any future, stat.utd coder
oUhited
States;
C. No substahtial
corporation shall consist of carrying part of
the activities of this
at empting to l,hfluenoe lbgislaticn t*,orpropaganda
shall, n he ocorporation.
1
participate or intervene in any Political campaign (including the
publishing or distribution of statements) on behalf of any
candidate .for public office.
V
A This corporation is not organized, nor shall it be
Operated, for pecuniary gain or, profit, and it does not
contemplate the distribution of gains, profits, or dividends to
the members thereof or to any private shareholder, as defined for
purposes of Section 501 (c) (3) of the Internal Revenue Code of
1954, or individual.
dedicated to charitable purposes and no art of
B. The property of tl7s,, corporation is irrevocably
p the net income or
assets of the corporation shall ever inure to the benefit of any
director, trustee, member Or officer of this corporation, or to
any private person;
C. Upon the dissolution or winding up of the
corporation, any assets remaining after payment of, or provision
for payment of, all debts and liabilities, shall be distributed
to a governmental entity described in Section 170(b) (1) (A) (v) of
the Internal. Revenue Code, or to a nonprofit fund` .Foundation, or
corporation which is organized and operated exclusively for
charitable purposes, 'which has established its tax Exempt status
under Section 501(c)(3) of the Internal Revenue Code, and which
is qualified to receive "qualified co,,,servation contributions"
within the meaning `of Section 170(h) of said Code, or the
corresponding provisions of
States. any future statute of the United
D. In the event of a liquidation of this dorporationt
all corporate assets shall be disposed of in such manner as may
be directed by decree of the superior court for the county in.
which the corporation has its principal office, on petition
therefor by the Attorney General or by any person concerned in
the dissolution, in a ptoceeding to which the Attorney General is
a party.
IN WITNESS WHEREOF, the undersigned, being the
Incorporator of BUTTE COUNTY LAND TRUST, has, executed these
Articles of Incorporation on , 1985.
INCORPORATOR
ALAN E. SURCHETT
2
I
BYLAWS
OF
BUTTE COUNTY LAND TRUST
ARTICLE_I
NAME, PURPOSES AND PRINCIPAL OFFICE
Section 1.1 Nam The name of this corporation is
BUTTE COUNTY LAND TRUST,
Section 1.2 The
under the Nonprofit Public B nef It corporation Law of Cion is alifornia
exclusively for charitable and educational C, ifornie
meaning of Section 501(c) (3) of the Internal p Revenue Cade thin the
1954.
The secifia purposes of this corporation include, but
are not limited tor the preservation of land for scientific,
histora.c► educational., recreational, agricultural, scenic or open
spice purposes. Preservation of land shall be accomplishedby
acquiring real property or partial interests therein, ,including
conservation easements as defined in Calif`o.rnia Civil Code
Section 815.2, and recordin appropriate
p. P yiInstruments necessary to
Protect in perpetuity the h sical environment of the area for
Wildlife, ecological and aesthetic purposes beneficial to the
public interest.
Section 1.32
in ipa7 O The principal office of
this corporation shall be acated in Chic
iaon Butte County, State
Of C41liforn, at an address to be establishedby resolution of
the board of directors.
ARTICLE II
MEMBERSHIP
This corporation shall have no members,
ARTICLE Irl
BOARD OF DIRECTORS
Section 3.1 1D3&;
'on have
to the full extdht allowed by awes All powers and 1ac",ivitiesers of
this corporation shall be ekercised and managed directly by the
board or, if delegated,, under the ultimate direction of the
board.
Section 3.2 Numher of ' j _eja sZrs. The authorized number
of directors shall be three (3)
Sention 3.3 P.1 ec '' ori nd Term fF cQf,�.pi,r edtors.
For the first fiscal year of the corporations one (1) director
shall be elected for a term of one year and two directors shall
be elected for a term of two years. Thereafter, each director
shall be elected for a termof two years. Each director, shall
hold office until the expiration of the term for which elected,
and until a successor has been elected and qualified.
No director may serve more than two consecutive termsi
with the exception of the initial directors of the
corporation, subsequent directors shall be elected at the annual
meeting to the board of directors to fill the vacancies then
occurring.
section 3.4 -V-m suc.,i. la A vacancy shall be deemed to
exist in the event that the actual number of directors is less
than the authorized number for any reason. Resignation shall be
effective upon receipt of written notice by thq board, the
chairman, the vice chairman or the secretary; The board may
remove any director with or without cause. Absence of a director
from three (3) or more consecutive regular board meetings shall
constitute Cause for removal Vacancies may be filled by the
board for the unexpired portion of the term.
Section 3.5Anri gal Me ting. The annual meeting of the
board of directors shall be bold on the third Tuesday of February
of each year.
Section 3.6 R! g,"7 ar Meeti jigs. The board of directors,
by resolution, may establish a schedule of regular monthly
meetings of the hoard of directors.
Section 3.6 :ciao Kggjjmq . Special Meetings of the
board of directors may be called by the chairman, or by any two
(2) directors, by written notice delivered ^"'sonally or by
telephone or telegraph to each of the directors, or mailed by
first-class mail at least four (4) days or more prior to any such
meetings. The notice shall state the time and place of such
special. meeting.
Section 3.8 o,orum. A majority of the directors then
in office shall cohstitute a quorum for the transaction of
bus'iness, except to adjourn as provided in Section 3.1.0 of this
Article 11i Every act or dC�cision by a majority of the
2
the board of
regarded as the act Of Nonprofit
resent shall be pr sions of. the California (i)
directors
present
to the p rovisions relating
directors subs eSpeci,a111 those Provisions
a director has a
oration Lawr transactions n (ii) appointment
corp of contracts or A meeting
c")
approval of directors.
direct or indirect Material nd� nif ation terecontinue to transact
der resent may if any
of committees i� )
uo um is intial?.y' P �;,;: directors`
at which a q the withdrawal ority of the required
business, notwithstanding at least. a major
taken is approved by
action of any
quorum f or that meeting• The transaction wherever
Section 3.9 a,a and noticed held after
however cal.. and.
meeting of the boards however
meeting nad been duly
valid as thougha quorum ,is P
held, are as provided. (a) each o£ the Sirectors not
regular call and notice,
it before or after the meetings a consent to holding
(b) e The waiver of notice
present signs a wrztteaval1Ofrthe m n teas. meeting•
PL or an apps the purpose the the
the meetings specify ," with
a rivals shall be a meeting•
or consent need not P ,t of t5 � file n drectez
... and pp �r m;tn�r of. th
�,;;ai�rn �a� rL ,,hal a par dee
rve�efn e Y.
corporate recoads shall .also. be � or at its
Notice of a meeting Without. protesting
who attands the meeting of adequate notice-
who
about the lack A majority of the directors
a quorums. may, adjourn any
Section 3.10 constituting and plane
presents whe►-,her or not lace. Notice of the time the
need not be givens case
meeting to another time and e ing hours, in which
an adjourned m than 24
of holdino. `ourned for more shall be given before the
meet;-ing i�s adz and place were nQt
d'ourned meeting to the directo's wisp
personal t:otce of the time +ournment•
time of the a j
present at the time of the ad3 re
$ectioii 3.11. Standard of Ca erfor;m the duties of a
A director shall � any committee of the
A 5� may a member manner
including duties as in good faith, of this
in a
directors the director y sin ves
board on which the best as
to be reasonable inquiry, as
such director believes cares including
and with such a litre situation would use under
cotporations rodent person in
an ordinarily p a director
sMilar circumstances. of a directors
the duties opinions► r'eport�s ,or
1n performing informations other financial
shall be entitledtorely on statements and
statements including financial resented by
data, in each case prepared or p.
3
( ) one or more officers or employees of the
believes to be reliable and
corporation whom the director
the matters presentee;
l�
competent in
(2) Counsel, independent accountants or other
believes to be within
persons as to matters which the director
professional or expert competence; or
such person's
(3) A committee of the board upon which the
nated
its lgmerit
�tbelieves
to toohin
director does not committees the mdi rector atte
authority, which ethe director acts in
confidence, so lone as in any such case,
the need therefor is
good faith, after reasonable inquiry when
by the circumstances, and without knowledge that would
�y r, w} �
indicated
to he unwarrant
cause such reliG,hr 'r,d.
A person who performs the duties of a
have no liability basdupo
accordanLe with the alleged e foregoing shall
failure to discharge that person's
the
any failure or
r »w:,c0. including, without' limiting
obligations as a (—L s �r
actions or omissions which
genea i}' of the foregoing, any
3:
defeat the public and charitable purposes to which the
exceed or
corporation, and assets held by it, are dedicated.
b; rec The directors shall:
t�,�n•-r� a , 1
B. �-
not be personally liable for the debts, liabilities,, or other
obligations of thecorporation.
`
a t o n�by o r x�o r atj o n o f D ire.ct9.�,.S-t
C. 7ndemn
n`r Atte To the extent that a
$min �„
directory officer, employee or other,
person who is or was, a
s been successful on the meri
agent if this corporation has ts in
or investigative
defense of any civil, criminal, administrative
against such person by
a judgment ag
proceeding brought to procure the
the fact that he or she �.s, or was, an agent of
of defense
reason been'
hassuccessful
corporation, or beindemnified
t such person
.issue- or matter,
actually and 'reasonable incurred by the person
against expenses
in connection 'With 'such proceeding.
if such, person either settles any such claim Cir
him or her, then ind'irtMxfioa'otry
sustains audgtriet against
' ud inents, finest sebtl.ements eitd other amtyr nts
g
against e�tpenses,
reasonably incurt(ld in connection with such proceedings shall be
the allowed by
provided by this s;orporad— n but only to extent
with the requirements oft Section 5238 of the
and in accordance
California Nonprofit Public Benefit Corporation Law.
Aaents. The board of
b. Tf9G1IY2��re fbr Cprn��;'P
director.-- may adopt a resolution authorizing the purchase and
agentof the
maintenance of insurance an behalf of any