HomeMy WebLinkAboutBUTTE CO. PLANNING DEPT. 79-67 3ry a
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Mr, Burt G» LoVen
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Rnc'losed are Sta£f V nciings concex•ning; yoUt ftp ilicaticjn
for,.tozone to amend your 1eriA_r," Devel'opi,46nt PIdt� for
property located 'on the soilt�jj2g15t 't�
conex of Cussick �
,Avenue and Ho117 ,Avenue, �tdPn'tz:fied as AP 08-06.01. :
The niitte �Covinty Planning C,ommiss`ion �v�l� hear this
`request at their, re�u�ar m��tan� azo S�`ela�uaxy 7, '1�7(
14"*.
This ��ie ti.n* wig' be held tea3iaxcl a Sjex�: sos.' f
Room 1159 13itc1 X37 twit � Cxo�rill.c, and' is scl`aedolod to-
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BURT C. LOWf N
r CARLTON K. LOWCN
March ' d
21, 1979 C
r �`1
Mr. Clay Castleberry
Directer Public Works
Butte County
7 County Center Dr.
Orovillet CA, 95965
RE: Landscape Request
Cussick and Holly'`'Avenues
Dear Clay:
I am following up from our prior conversation to confirm our interest
to have professionally landscaped a small, section of County property
at the entrance of Pebblewood Pines in Chico. The attached drawing
Shows this section at the corner of Cussick and Holly Avenues with
the proposed tree and shruU locations.
Lowen Development would absorb all plant, irrigation and installation
casts .for this area. A professional landscape care maintenance firm
will maintain the weeding and care as a part of their contract to
maintain the common areas at Pebblewood-pines and soon to be built
Dot v of Pebblewood lines to be known as Eahewood Village.
It is our feeling that if we do not take this action, there will have
been created an uncared for peice of property at the doors of Pebblewood
Pines and.Edgewo6d Village.
We would appreciate your consideration for this request and if it meets
with your approval, please attest and return to us at your- convenience.
Se ..elya -
Carl0n-K Owen'
LOV.TN J.13VELOPMEVT, Inc.
Approved: Date:
Mr. Clay Castleberry .. Director
Public Works Butte County
c.c. Mr.. Ed Sackett President, Pebblewood bines
Homeowners Association
CKL:dJ
Enclosure
B,. it' -'Co. Flan -Ong Comr6-
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Coun
LAND OF NATURAL WEALTH Ah11) BEAUTY
DEPARTMENT OF PUBLIC WORKS
CLAY CASTLEBEFIRY, Director
7 COUNTY CENTER DRIVE, OROVILLE, CALIFORNIA 95965
Telephone: (916) 534.4681
H, W. McDONALD
Deputy Director
April 4, 1979
14r. Burt C. Lowen RE: Pebblewood. Pines PA -C
Rt. 1 Box 299 "tot A" Subdivision
Orland, CA 95963
Dear &4 Lowen:
At";bhe regular meeting of the Butte County Advisory Agency held April '2, 1979,
1
the Agency approved � " "
g y pp Your subdivision reap for Pebbl.ewood Pine„ PA -•C Lot 1D
noting that a negative declaratir, regarding environmental impact was adopted
by the Board of Supervisors on March 27, 1979.
The conditions of approval will be the sane as those placed on the PA --C by the
B01, rd of Supervisors on. March 27, 1979. A copy of the Board minutes listing
tb� se conditions is attached.
If no appeals are timely riled within fifteen (15) days of the date of the
Advisory Agency's approval with the Clerk of the Board Of Supervisors, this
action will be final. a
When the conditions of approval are compLed with, it will be in order for you
to file your "final imp" with the Butte County Department of Public Works for
recordation within eighteen (1$) raonths of the date of approval by the Advisory
Agency,
If you have any questions regarding this natter, Piea;e ;'cl-,tact this office.
Very trtaly yours,
Clay Castleberr;t
Llirectl:x of Public Works
I�
John MendOMA
I Joh.. ?-,cenjonsa�
birec nor
n; Bnviranmor, aL 1?nvte3vr Dopf.
Attachrarni;
ca: Planning Dap5Lrs..men4: ., i 1979
ealth Department
,l a
Z-rironmental ReV4 ett Lepartmet7t p
Ringel & Associate.$, Inc.., .331.11all St. Ch.i.co, CA 9592
1i
March: 27; 1979-
79'5'26 ADOPT ORDINANCE 2011:_:PUBLIG HEARING:`BURT C. LOWEN - PROPOSED NEGATIVE -
V DECLARATION AND,FXZON.E TO AMEND A 'IPA -C" (PLANNED AREA -CLUSTER) DEVELOPMENT
PLAN TO RESUBDIVIDE I;OT:"D" OF PEBBLEWOOD PINES SUBDIVISION TO ALLOW SIX
ADDITIONAL SINGi,E FAMILY RESIDENCES ON PROPERTY LOCATED ON THE SOUTHEAST
CORNER. OF -USSICK AVENUE AND HOLLY AVENUE, IDENTIFIED AS AP 08-06-01�.
CONTAiNING'1.079 ACRES MORE OR LESS, CHICO
The public hearing on the Burt C. Lowen proposed negative
declaration .and rezone to amend a "PA -C" (planned area cluster) development,
plan to resubdivide lot "D" of_Pebblewood Pines Subdivision to allow six
additional ,single fami.I_y=---residences on property located onthe southeast
corner of Cusick Avenue and Holly Avenue, identified as AP 08-06-01,
was held as advertised,
containing 1.019 acres, more or -less,; Chico
lson
Earl `Neenvironmental review direr,':or;, set out the backgrou
Earl
,
of the ne aNeeclaration. A negative declaration was adopted on the
g
origsnal proposal.±;A negative declaration is recommended for this project.
Bettye Blair,i planning director,, set out the background of the
rezone. This lot was ornaily zoned on the "PA -C" as a vacant lot.
The Planning Commission recommended approval of the rezone.. This would
include approval o€ the development plan and conditions of approval -
Hearing open to the public. Appearing: Riess Croningel $7
Ringei and -Associates, representing Mr. Lowen.. Mr. Croninger stated 'that
they were in agreement with all of the conditions except a portion of
condition Na. 5 which is to construct 1/2 'street sAction of Cussick Avenue
and provide iDzprovements. Public Works placed the condition. on the develop-
ment.. The school district has written a.letter stating they,see no need
forf'curb,gutter and sidewalk on Cussick. Avenue because the development
fz'ces Holly. They are -putting in. full. improvements on that street.
b ,f . _
Hearing closed to the public and. confined to the Board.
On motion of Snpervis'er Winston, seconded -by Supervisor Moseley
and unanimously carried, finding the,Pioposed project could noe have a
significant effect on the environment, _ a negative declaration. was acceded.
4
-..On motion of Supervisor Winston, seconded by Supervisor Wheeler
i, ramend a "PA n
"PL -C" (planned area -cluster) dev
and carredelopment
carried,,
the ee rezone to Ill lot "Dof Pebblewo.od Pines Subdivision, to allow six
plan to ieir
additional single family residences on property located on the: southeast
corner of_Cuss ck Avenue and Holly Avenue, identified as; AP 08'-06-01,
cantnzning 1.079 acres, more or less, Chico was approved; the development
roved in connection with. the rezone finding;fhe zoning conforms
plan wasapp
with the existing zoning and is in .accordance with the`Gereral Plan and
meets the public need; sub`ec to the following conditions:
l< Submit road and drainage plans' to the Department of Public Works_, for
approval and install'the: required facile les_
2. Provide 26 -ft. radius property 'line return`s. at all street intersections;.
3. Provide right-of-way for :standard No. S 5 at all street intersections.
4. Indicate a:50 -ft. building setback line from the centerline of Cussick
Avence_and 55 -ft.. building setback line from the centerline of Holly
Avenue.
5.. Construct remainder of street. section on Holly Avenue to RS -2 A road
standard with vertical curb, gutter .and sidewalk and 2" AC, 8" AB,
SG 250 prime .and fog seal. Construct one half street section on
Cussick Avenue:. to RS' -2 B access''road standard.: Minimum. structural:
Page 213 March 27, 1979
t
- � � W - � � � March 97, 1975
79 `��--�
section t0 be 211 AC and,$" AB r
s� t fog seal and 95i relative compaction.
Submit. design to County Department of Public
Value" determinations and other data may be requi,redito supOr rartlSe n �i
design. P cton
6. Provide monumentation Gs required by the Department of Public,
is accordance with accepted standards._' Works
7`
Street grades and other features shd,ll comply with the Butte Count
Y
Ordinances, design resalutxon and other accepted engineering standards.
$• Provide permanent salt�tiun £or dx'aina1.
9. All easements of record to be sho'm on the final ma and
plan. P development
10. Meet requirement of Butte County Fir�,Department ar other. her responsible
Street lighting shall be provided' in accordance with Butte. Co
requirements. accepted design criteria and recce With B6t of PG&E.
12. Segregate Or pay off assessments;
: i
13. Meet requirements of Pacific Telephone Company and P.O.&B.
14. Meet requirements of California Water service Company.
15. Obtain clearance from the Californi
Board . a Regional Water Quality Control
16. Provide documentation from the California Water Service company t;
it is willin and able to supply 1 p y hat
g
Landscaping' must also b pP Y domestic water to the development.,.,
Plan. e accomplished in accordance With the Development
Ordinance 2011 tray adopted and the Chairman authorized to sign.
AYIES4 Su ervisors ✓
NOES: Supervisors'1_ose]ey, Wheeler, Winston and Chairman Le
Dolan mke �'
, �§y
( 1` e�,: A � Y e.'.� �i• �I J�.. ,. nx t.�'4.i I F -t � i �. :._f17� '� Y�,p � Y � � r �', I �� t� � �t�k C �:$ �¢¢¢ M � �"d 1 : { �l '�^c
Aft
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'.HEARING,
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1
Section
15 Further Subdivision
26
Section
16 Drainage and Landscape
26
—.= 1 Section
17 WaterSupply Systems
27
Section
18 Landscape Installation aad
MainEenance
27
Section
19 Violation of Governing Instru"
ments
27
ARTICLE XI
DAMAGE OR DESTRUCTION TO COMMON AREA
27
ARTICLE XII
INSURANCE
28
Section
I Casualty
28
Section
2 Replacement or Repair of Property
19
Section
3 Liability and Other Titsurance .'
30
c°
Section
4 Trustee for Policies V,
30
ARTICLE %III
MORTGAGEE PROTECTION CLAUSE
30
ARTICLE_.'YIV
SIMARD EASEMENTS
33
Section
1 Creation oP Easements'
33
Section
2 Restrictions on su(eyard Use
33
w` ,1
ARTICLE XV
GENERAL PROVISIONS
3,4
Section
l Enforcement
34
Section
2 Severability,
35
Section
3 Term
35
Section
4 Interpretation
36
Section
5 Termination and Amendment
36 .}
Section
section
6 No pudic nLght'or Dedication
Construction
36
7 Notice and Accepts,
Sdction
J, ance,
8 P.eciprocal Easements
36
36
Section
9Special Provision for Enforcement
of Cert4t Bonded
Obligatioi„s
37
EXHIBIT "A"
ARTICLES OF INCOP-DORATION OF THE ASSOCIATION
EXIiIBIT "B"
BY-LAIIS OF�f� THE ASSOCIATION
EXHIBIT "C"
DESCRIPTI iqOF LA.'NDSCAPE RAINTENANCE AIt1 AS
" '" y •�
EXHIBIT I'D"
SIDEYARD EA5EMENT WkP
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4�
ry
J\.:o
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*ULor, ROLSTON:
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DURNB N MGKh'TRlclf.
A. IAW:CORPORATIOM'
-
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,rile: err, 10767�
DECLARATION OF COVENANTS, COWbITTONS> AND Rl STPM'VXONS
AND RESERVATION Or LAS>r3,1LNTI '
FOR
_ PEBBLEWOOD PuNSS
1�
THIS DECLARAxzON is made ;on this / day Of �
L_„
1971, . by HURT C. LOWEN, R. and DOROTfi'L
/�11a 9 G /y , QT
F
JA14E LOWEN, hereinafter collectively xeferred to as
"Declarant".
P REA -MB LE: r,'r
A,, Declarant is 'the Owner of certain property"
in the unincorporated County of Butte, State_of California,
which is more particularly described as folloWs:
_
Lots 1 to 44,i na Lots"A to C, in-
Lots
elusive, of Pebblewood Pines, a sub»
di*tision of a portion,o.f tot 17 of
the I'Cussick Ttact", as sho" on a
Final Map, recorded on November 15,
1977, An Book 5a;, Pages 78 to 790
inclusiv"e, of flops, in the 6f£ice of
r1
�; the Butte county Recorder:
S. Declarant has deemedit desirable, for the
efficient preservation of the values and amenities in the
„
real property described above,'to create a corporation un,ier
the General Nonprofit Corporation Law of the State of Cali
fornix to which should be delegated and assijred`,the powerio,,
of maintaining, and adminis;.ering the Common Area, Landscape
®
Main'tena'Ace Areas andiStructural tlaintehance"Areas '(as here-
afidt defined) and administering and enforcing the covenants'
and,restrict'lons, and collecting' and disbursing the assess-
.
ments and 'charges hereinafter created; and
Co Declarant will or has caused such cotporation,
„
' the members of which shall'be, the respective. Owners of Lots
in the real property described above, to be formed for the
purpose of exercising the functions afordsaid and
n" D., Declarant will develop and c6nvey all of the
Properties (as hereinafter defined), pursuant 10 a general"
plan for all of the Properties and"subject to; certain pro, t
�1
tective covenants, conditions, restrictions, reservatiorsy
lions and charges as hereinafter set forth; and 1Q
E... Declarant hereby declares that all of the '
properties shall be held, sold, conveyed, encam),-erect, hy-
pothecAted, leasedy .used, occupied and „improved, subject to
the following easements, restrictions, covenahts,: co:.ai"tions
and,egiiita'ble servitudes, all of which are for the purpose
✓
�
of uniformly enhancing c.nd protect.,�ng the value,;attt cti've-
mess and desirability of tate Prbpe"tiesy in furtherance of
a general plan for the pr4)tection", i�taintenance, subdivision,
";
improvement and. sale of the Prop ertsas,,:ur any portion there-
of. The covenants, conditions, rests&;! ions,, reservations
h;
Com.
. `.
FULw" ROLSTON,
OUNNS A kdKITTRIGX (/f -
n
',ILAW tORrORA"Ok -
I
:. .. 11} _
1
and equitable servitudes set forth herein 4-1run run with the.
properties and 'shall be binding upon all �, s(tlr having 'any
Properties, or aty part there-
right, title or interest in the
heirs, surcessors�;and assign: ; slta.1. inure to the
of, their
yr+ benefit of every portion of the Properties a1u1 any interest
benefit of anel be 'binding
/i therein;; and shall inure to the
int interest atlil., each om,ar and
upon Ded�:arant, its successors
his respective successors in interest; and be enforced
1
in
by any Owner and his successors in interest, and by the As-
sociation.
ART] CLE X
"r DEFINITIONS
,) , r;(, r
Section 1. "Annual Assessment"shall mean the
'
annual charge against each Owner an is Lot, representing a
portion of the total, ordinary costs of maintaining, improving,
repairing, replacing, managing and operating the Cotmon Area,
Structural Maintenance Areas and Landscape Maintenance Areas, ,
be uniformly and equally bj! each Owner to the
'1
which are to paid
Association, as provided herein.
Section 2. ''Architectbra Comm1ttee" shah mean
S
and refer to e e t --. nittee create pursuant to Article t�III
"1 t
hereof. fir;
Section 3.' "Articles" shall mean and refer to the
Articles of incorporation o,f the Association Which have been
filed in the office :of the Secretary of State of the State of
1
California, a copy of which is attached hereto, marked
Exh bit "A" and incorporated herein by this reference, as such
Articles may be amended from time to time:
Section 4 !'Association"" shall mean and refer to
d)
BEBBLEWOOD pl VES Ei0h1E047tIErS KSSOCIATIQN, a California, eorpo-
the General Nonprofit Corporation
ration (formed pursuant to
Law of the State of California)} its successors and assigns,.
Section "Board of Direct6rs" or "Board" shall
U _5�.
mean the Board of Diredtors oz 'the 1+�sSoc� one
C.° y
Set'tion 6. "By-LaWt" shall mean and refer to the
r)By-LaWs
of t e Association", as aaopted by the Board and ap-
the Association initially in the
proved by the membership of
form of: Exhibit ""B1° attached hereto and incorporated hereih
by this reference, as such By-tawt may be amended from time
to time.
Section i. "Ca ital Im rovement Assessment" shall
mean and refer to a charge against each Owner and Ti,� Lot, rep-
a of the costs to the Association for instal-
resenting portion
lation or construction of any Improvements on any portion of the
Comman Area which the Association may from time'to-time autho-
.11
r ze,pursuant to t�o provisions of this Declaration
Section 8,"Conm6n Area" shall meanIi the real
a
property and Improvements,including without lLtitatio%N,
r,
swiruning Pool; jacuzzi, landscaped areas and private,roadwa s,
... 2-
—2-
BURNS
� eQAArk0GK. _
LAW QO
_
n
•
' ' ,
�, ►lC,txxed alel7e ,
p.tln No. ,10757
and walkways, which are owned by the AssociaU,011 for the COM-
mon use andenjoyment of all of the'Own'ers Tho Compton Area
the time of: the 'conve ance
to be so owned by the Association at hestimettoftd
of the first. T,at is more articular) y, ,as follows
Lots A to C, inclusive, of PebblewobiIt Pines,
being a Subdivision of, a portion of Trot 17
of the "Cussick Tract"ias shown on a Vinal
1 tdap, recorded oi:, November 15, 1977, in Book
58, Pages 78 to 75, inclusivek,of traps, in
the Office of the Butte County Recorder:.
Section 9. "Common t;xpe-,ises° shall mean actual
and estimated costs of maintenance, management, operation,
/j
repair, replacement and improvement of the,Common Area,
Maint4nance
Structural Maintenance Areas and the Landscape
Areas (including unpaid Special Assessments) AAhUa;i''P.ssess-
meets; Reconstruction Assessments,,-and Capital`lmprovement
'.
Assessments)-; costs of any gardening, utiltieis and other
services benefiting the Common Area,Structural Maintenance
Areas or Landscape Maintenance Areas; costs of!management
and,, administration of the Assooiati.on, inc;ludirig without
"
limitation compensation paid by the Association: to managers,
accountants, attorneys and other employees; cone of bonding
members of the Board; taxes paid by the Assodiationr .amounts
paid by the association for discharge of any liOn or encum-
brance levied against the,Common'Area, or any portion thereof;
and tht costs of any other item designated by tke Association
for any reason whatsoever in connection with the'Proper,iies,
for •the benefit of allof the Owners.
/
Section 10, "Declarant" shall mean and refer to
`
BURT G LOWEy, JR., and DOP.OTHY JtitJY,' LOI�11N, their successors,
heirs, and assigns r and any pe+^son''to `.,ham they "shall :have
assigned, any of their rights hereunder by an express written
as s iguneirt,
Section 11. "Dwelling tinit11 shall.mean and refer
to a buil r.ng located on a Lot designed and intendea for use
and occupancy as a residence by a single family: a
Section 12. I'lamil '' shall mean and refer
A group o natura persons immediately related to one another
by blood,,marriage,, or adoption, or (2) a'%group of not more
than five (0 persons not all so relAted, inclusive of their
`
domestic servants, who maintain a, ommon,household in a Dwel-
ling unit on a Lot.
Section 13. "improv'sm-nt" shall mean and refer to
y 'h
any structure or appurtenance thereto of every type and kind,
including but,�not limited to bL.iidings, outbuildings, walkways,
sprinkler pipes, garages, swimming pools,�,recreational facilities,
roads, driveways, parking areas, fences, patio covers, awnings,
hedges, windbreaks, plantings, planted, trees and shrubs, polnf„
signs, exterior air conditioning and water-softening fixtures�Jor
�equi.pment.
.. section I.A.. ''Lot" shall mean and refer to any J
residential lot or parcel of land shown upon any recorded
rf,
I;
subdivision map or recorded parcel map of the Reoperties,
-
with the exception of the Ccmlton Area.
section15. "" Membershall, mean and refer'to,
every person or entity who holds memberhsip in the Associa-
tion as provided herein:
BURNS I% MCkITTPICK
c
,
• "U�eBIC1Mi91N2u
'1
c,
,
OGA;cd '1/4/7
File 00o 1,0757
Section 16. ,;t,lora4 shall mean and include
in trust of
for purposes of this Declaration the conveyancr
the properties to a�OCUfe the per- j
a Lot; or other portion Of (�
the obligation, which conVe4nCe ohll be Void
formance of ationysecurs:daor reconveyance
upon full performance of the obli g
"Deed of Trust" When used here-
of the property conveyed, The .
out with the term "
in shall be synonym t9ortgage",
Section.l7. "tdortgadee" shall mean a person be
shall include the bene-
entity to w om a mnrtgage isT made aand
lysed of Trust, "Mort a or" shall mean a person
zeaary of a
c, `htity weor�ortejges his or is Lot to another' (i.e.; the
include the Trousowith
rtalter, of a I g g �� and shall
The term' Trustor shall be synonym theterm
of Trust:
1%brtgagor", and the term "Beneficiary'' shall be synonymous
with the term "Mortgagee .,
Section l_6• "Owner" shall mean and refer to the
entities,
al entity�
tsimple
YecordtoanycLot�ng
person , persons or
holding ginterest
Declarant,fee
which is a part of the Properties; including sellers under
but excluding those_ha�ting such
-executory contracts of sale,
for the perfnlesscthefcantebtiga-
interest merely as security
of Article X only,
tion. For purposes
otherwise requires, Owner shall. also include the family, in-
vitees; licensees and. Lessees of any Owner.
Section 19 "Properties" shall mean and refer to
in Paragraph A of the
that certa n real property described
.
Preamble to this Declaration:
n
Section 200 "Recolistruction Assessment" shalt
mean and refea portion ofethe Idost toCtheµAssociation forge-
p Pro
represeTd
nting -or"
of�any portion of the improvements on the
construction
ties pursuant to the,provisions of this Declarationi
Section 21. "Saecial Assessments" shall mean and
his. Lot, di-
refer to aScharge against a pay r�oular Owner and
Owner, equal to ed
rpro-
rectly att'rbutabl;e to the
ureuantttonthe
Association for coteectiVe acti0ni pursuant
y the
visions of this
22. "Struct`di al Maintenance Areasil shall
M oo ion
meano as J --same from tzme t0 'rime exctu s e exterior
"all residential to%mhouse stzuatures, fences and
the
f
sur,a'e o
roofing material of the Dwelling Units►
exterior
e r.�i+1sr lighting. fixtures, and the extsrior sidewalks on the
specifically exclude all
,do Structural. Maintenance Areas shall
V:. areas.
"C'"Landscax,e Maintenance Areas" shall
Secticin 3.
mean all plantings, planted tzees, shrubs and otaer landscap-
ing Improv'emtnotthe°foundaticiicated on hl3nessofndttiex1. 11ingfUnitshand
Common Aree
ori inally> constructed by Dd'�larznt,
g
as
the alts and fense of the Lot yard areas which are
and excepting those portions
enclosed by such walls or fences. The a�anzoxir„ate locations
the Properties are fur-
QX
of the Landscape Maintenance Areas'b;
drawings which are marked Yhibit "C",
f
ther depicted on the
attached hereto. and incorporated herein by this reference"
f
c
-4-
,.. ..
Nom..,..
,—,.
f'
e+,'^r•”^•.�"a••... _'n,•e .a•. .., „-' - tlssi�illlf':IIII{6fliiNb LLIYIIAI' lt�B811f�11'IIS�IR�t
— ..euu��I1RA1H111PA
I
O5i4iEIts' YROVERTY RIGHTS
Secticn,l. Owners' rasements,O l:rt7ovment..
Every Owner s^Trali�nave a x ght and easertjent oJangrL-ss tznd
egress and of enjoyment in,, to and over the Common Area and
Nlaintenanco Amin which shat']
(�
common walkwaffs on the Landscape
7be Appurtenant to and shall pass With title to over}, Lot,
�.
subject to the following provisions:
(a)The right of the'-Associat-tiOn to :
reasonably limit the number of guati4a of
Owners using the Common Area facilItlies.
(b) the right'of the Association to
establish, uniforii� rules and regulnticns
pertaining to tlia use of the Common Area
and the recreational facilities
to, thereof,
including.,.bdt not limited to, the right
ra,
and obliyati.on of the Association to
='
- enforce all parking restrictions within'
the Common Area as set forth in Section 3
�i of ,Article II herein.
(c) The right of the Association to
charge uniform and reasonable a6i,' d,aaion and
l
other Eyes for the use of thn recroation
facilities situated tpon the'Common Areas
provided, he�ever, that none ofytthu
common Area facilities, recreational
amenities
facilities, parking spaces or other
in the Properties shall be leased to the
P
Owners,
t it ..
�d) The right of the Association,, in
accordance with its Articles of Incorpora-
tion, By-Laws and,this Declaration, to 'bor-
row money with the vote or w>"itten assent,
of two-thirds (2/3) of each class of lembors
and to mortgage, picdge, deel•1 in trust, or
hypothecate-any or all of its real at per
q sonal property as secuzity for money bot-
rowed or debts incurred, subject to the
provisions of Article XIII of this Declara-
tion, provided that the "rights of ouch Mort-
the
gage shall be slibord3nate to ray`hts of
the Owners.
(e) The right of the Association to,
suspend the voting rights and right to use
the Common Area facilities by an .Owner' for
any period during which any assessment a-
,-
gainst his Lot remains unpaid and delin-»
quent,, and for a period not to '6%ceed thirty
(30) days":ifor any single infraction of this
'requ-
Declaration or the published rules and
latiohs of the Association, provided that any
suspension of such voting rights or "right to
use the Common Area facilitiesr shall be made
only by the Board••of Oirectoi:s'of the Associa-
�
a ginted`cOmMIttee thereof
tion or a duly app"" `
after opportunity rot notice and hoaring
-
an
as provided in the Ey-LaW$ of the Association.
t'
{r "dUnNsaHaXITCRiaK W., ,•.
A Lbw CdMroMrioM
11%,01111:10 al liall i
(f) Subject to the provisions of
Article X111 of this Declaration, the right
of+�`the Association to dedicate, release, r>
ttiionate or transfer all or any part; of the
Common Area to any public agency, authority
Or utility for such purposes and aubjaot to
such conditions as may be agreed to b, the
Members, NO such dedication, releauo, alien -r
ation or transfer shall, be effectiVej unless
an instrument signed by Members enti6lad to
cast two -thirsts �(2/3) of the Class A .tirtd
Class B voting power of the Association,
agreeing to such dedication, release, alien-
ation or transfer has been recorded.
„ (g) The right of the Association (by
action of the Board) to reconstruct, replace
or refinish any Improvement or. portion
thereof upon the Co=bn Area, in accordance
with the original design,'finish or standard
fi of construction of such'Improvement, or of =°
the general Improvements within the Proper- "
ties, as the case may be and ,not in actor=
dance with such original design, finish or
standard of construction only with the vote
or written consent.of the owners holding
seventy-five percent (75%) of the voting
power of the Association.
(h) The right of the Association to
replace destroyed trees or .ther vegetation,
and plant trees, shrubs and ground cover
Upon any portion of the Common Area or '
Landscape Maintenance Areas.'`
r
t
(i) The right of the Declarant,(and
,a its sales agents and; representatives) to '
the notexclusive use of the Common Area
:. and the facilities thereof without addi-
tionalcharge'; for sales,- display and
exhibit purposes, which right Declarant
hereby reserves; provided, however, that
such does not unreasonably interfere with
the Use of the facilities by the Members of
the Association.
i section 2. Delegation of Use.. Any owner may
delegate, in a'— ccordance with'the-By-Laws, his right of en- M1
joyment to the Common Area and, facilities to the` Members
of his family} his tenants, or contract, purchasers who i4 -
'side -on his pr6perty.
sedtion 3. 2ase:tents for P.arkina. Temporary
guest Or or recreational parkinqs all be permitted within the
Common Area only within spaces and areas clearly marked for
r this purpose: The Association, through it's officers,'
Committees and agents Is hereby empowered to establish
"parking" and "no parking" areas within the Commcn Area in
accordance with Section 1.2558 of the'California Vehicle Code,
as well as to enforce these parking limitations by all means
lawful for such enforcement on city 'or' county streets, in-
cluding the removal of any violatinn vehicle by` those so
empowered.
piwe. poLsTOl4
-1 0AN11 at McXITTWl e.
4 taw e6pro?(AM6A
Area .reserved herein, there shall be and Declatont hereby
reserves and covenants for itself and all futuxe Owners
within the Properties that each and every Owner shall have
a nonexclusive easement appurtenant for vehicular traffic
over all private streets within the Properties, oubject to
the parking provisions set forth in Section 3 ofArticle 11
hereof.
Section 5 Easement for Publicsrervice use.
In addition to --;the foregoing easements over the C:om.mon
Area, there shall be and Declarant hereby reserves and
covenants for itself and all future Owners within the.Pron-
erties easements public services including but not
, P r g
,
limited to, Lhe r�.ght of the police or sheriff to enter upon
p
arty part of the Common Area for the -purpose of enforcing the
late subject to the Constitution and latus .of ,the State of Cali-
fornia and the United States.
Section 6.. Waiver of Use. No Owner may exempt
himself from personal liability for assessments or penalties
duly levied by,the Association, nor release the Lot owned
,JJ
by him from the liens and charges hereof, by waiver'of the
C✓',
use and enjoyment of the Common Area and the facilities there --
on or by abandonment of his Lot, "
Section 7: Title to the Common Area. The bed-
larant hereby covenants for itself, its successors and'as-
signs 'that is will convey to the Association fee sinple title
to thedescribed in Article I, Section 8 of this -
e anal clear of all enculnbrances and liens,
free
except easemeN-.s, conditions and reservations of record, includingy,,
those set forth in this Declaration. Said cQhveyance shall be
made prior tq the conveyance of the first Lot to a purdhaser
from Declarant pursuant to a E'xnal Subdivision Public Report
Covering the Properties.
\ti
AR!ICLE' III
MEMBERSHIP IN ASSOCIATION.
Sect 4' ,., 1: Membership. Every � Owner of a Lot ;
which is,su5j ctioassessmentb the Association shall be a'
,YMember of the Assgciation, and no Owner shall have more than'""
one membershipAn the Association. Membersh'ip's in the Assn-
oiation shall not be assignable, except to the „successor. - in
interest of the owner, and every membership ;in the Association
shall be appurtenant to and may not be separated from„the fee
ownership of any Lot which is subject to assessment'by the
Assodiation. 0 wnership of such Lot shall be the sole quali�fi-
cation for membership in the Association.
Section 2. Transfer. TPe Association membership'
held by any Owner r t a Lot shall not be transferred, pledged
or alienated in any way, except upon the sale' or encumbrance
of such Lot, and then only to the purchaser, or. Mortgagee of
such Lot.,, Any attempt to make a prohibited transfer, is'void,
and will not be reflected upon the books and .records of the,
Association. A Class A Member who has sole" his Lot to a
!tis
contract purchaser under an agreement to rurchase shall be
r
"v"
entitled to delegate to such contract purchaser his Member
ship rights in the Association. Ci
uch delegation shall be n
r
y _7_
ruLoP, po%crot . u
.r ,., .;.,, •7r
Kun MKKiTCRICK r,
A LAW abRkkAriaN ,: r" •,
y
writing and shall be delivered to tho Board 'before such
the contract seller
contract purchaser may vote. However,
charges and asseGrments attributable
shall remain liable for all
title to the Lot sold is transferred. In
to his Lot until fes e t
any Lot should fail or�cfr'suchr
the event the Owner of
registered in his name to thta purchaser
the Membership
Lot, the Board of Directors shall have the right to recorr-
Association.
the transfer upon the books Df the
Al2TICLV.,, IV
VoTYNGp m
e ershin The
Section. 1. C rship
Associations a,1 have two 2 asses os v oting membe
as follows:
f
Class A. Class A Members shall be all
the exception of the Declarant
- x
Uwrners wig
'for so long as there' exists a Class B Member -
be to
,`ship. Class A Members shall entitled
Lot owned and subject
one (1:) vote for each
to assessment: When more than one person
holds an interest in any ,Lot, ala such per
The vote for such
C7
sons shall be Members.
shal;I be exercised in accordance with
Lot
Article'l!V, Section 2 of this Declaration,
(l)
and in no event shall more than one
respect to any Lot.
�r
vote,,be cast with
Class B. The Class B Member shall be
I
the Declarant and it shall be entitled to
and sub-
three (3) votes for each .Lot owned
The Class B membership
ject to assessment.
(I shall cease and be converted to Class A '
of the
membership on the happening of
earliest:
urs
followi:n.g events, whichever occurs
(a) When the total 'votes outstand-
ing in the Class A membership equall
#
the total votes outstanding in the
Glass 8 memberships; or
cs (b) The second anniversary of
the original issuance of the Final
Subdivision Public Report for the
properties. .
Section 2, Vote Distribution. rxcept as other-
Members shall be
wise provideein otion 1 ofthis ArticlQ,
for each Lot in which they hold the
entitled to one (]) vote
for membership. When more than one person
joint
interest required
holds such interest or interests in any Lot, all such
ttend any meetings of the
Owners shall be Members and may a
Association, batt only one such joint owner""shall be entitled
is Such joint
to exercise the vote to which the Lot entitled.
time all designate in writing one of
owners shall from time to be allowed,
'vote. Fractional votes shall not
their number to if at
vote tar' each Lot shall be exercised,
�
he s unit. Where no voting Owner as designated or
and the Class A
for such Lot shall
;
all,
such resignation has been revoked, the vote
of the co-owners o£ the Lot
Fq
be 'exercised as the majority
:.r
g�
KULov,
1'
-- euaNa U Mai 1TTRICK
_
'I ,r. U.w CPIIrgNAT10N
'
t
1
mutually agree. No;vote shall be cast for any dot where there
is no designated voting owner and the majority of the co-owners
present in person or by proxy and representing Such Lot cannot•.
The non-voting owner or.,
agree to said vote .or other action.
owners shall be jointly and severally responsible for all of
the obligations imposed upon the jointly owned'Lot and shall
benefits of ownership, provided that
be entitled to all other
each such non-voting joint owner resides in the Dwelling Unit
on the Lot to which his Membership is'appurtCnant. All agree
�
merits and determinations lawfully made 'ay the Association in
herein, or
accordance with the voting percentages established
the Association, shall be caiamed to be binding
in the By-Laws of
on all owners, their°successors and assigns. Said voting rights
shall be'"subject to the restrictions and limitations provided
Articles of Incorporation and
in this Declaration and in the
By-Laws ,of the Association, ''
ARTICLE V'
y.> 4
ASSOCIATION
DUTIES A11D POT�'FR£i 'O-V
u
Section 1. The Association, acting through
.,
the Board o D.rectors, shall have the power and duty
to,
(a) Maintain, repair and otherwise manage
the Common Area, Structural Maintenance Areas and
all facilities,
Land'si:apca'Mpintenance Areas and
improvem}1i4'and landscaping thereon in accordance
with the" pX;nvisions of Art::cle V.I and Articlr. e IX
of tha s ;Yed laxation.
(b) Maintain all private streets within
r the properties, -including cleaning and periodic;,]
resurfacing.
n
!w
(c) (Maintain all private sewer systems
and`parking' areas within the Common Area.
(d) Obtain, for the benefit'of the
Properties, any ,commonly metered water,,; gas
and el4;ctric services, and refuse collec-
tion and cable television service.
ements necessary for
utilities andnse+rerfacilities over the Common
Area to serve the Common Area and the Lots.
„}
(f)'( ;Maintain such policy or policies of
;
liability
and fire insurance with respect to
the Dwelling Units, the Common Area and. personal
property] if any, owned by the Association as
herein in furthering the purposes of;
provided
and protecting the interests of the Association
and Members and as directed by this Declaration
and the Ey-Laws of the Association.
/f ploy
At the discretion of the Boards ern
or contract with a`manager or collection agent to
the duties and respon-
�`
perform all or any part of
siblities of the Associations and shall have the
'delegateto 'delegate its powers to Committees,
officers and etCplo:' Any such agreement or
m
any contract with Declarant for the furnishing of
f
w
0
is
services to the Association, shall bo or a term
not in excess of one (1) year, renewable by agree-
"
ment of the parties for successive One (`:1) year
periods, and such agreement shall bo terminable
by the Association at any time (1) for cause upon
,thirty (30) days' written notice tharoof, and 12) ,
without cause or the payment of a Lp�mination
fee upon ninety (40) days' written notice._
ARTICLE VI
COVrtlA_NT FOR MAINTENANCE. ASSESSMENTS
Section 1. Creation of the Lien and Personal
Obligation of Assessments. Declarants for eac Lest owned "
with n.tOe Properties, hereby covenants, and each owner of
any Lot by acceptance of a deed therefor, whether or not
it shall be so expressed in such'deedo is deemed to covenant
and agree to pay to the Association: (l) Annual Assessments
or charges, (2) Capital Improvement Assessments, (3) Recon-
stracti.on Assessments, and (4) Special Assessments, such
assessments to be established and collected as hereinafter
provided. Such assessments, together with interest, costs
and reasonablo attorneys' fees for the collection the
on the land and shall be a continui
shall be a chLr<'Je ng
lien upon the Lot upon which such assessment is made. - Each
such assessment, together with interest, costs and reason -
cable attorneys' fees, shall also be the personal obligation
�i
of the person who was the owner of such property at the time,
when the"assessment fell due. Subject to the provisions
'of this`Deciaration protecting first Mortgagees, the personal-
obligation for delinquent assessments shall pass to the suc-
"The
cessors in title of such Owner. board of Directors shall
establish no,fewer than two (2) separate accounts (the
"Pebbleaood Pines Maintenance Funds") :into which shall be
deposited all monies paid to the Association, and from Which
disbursements shall be made, as provided herein, in the per-
formance of functions by the Association under the provisions
of this Declaration. Each'of the Pebblewood Pines Maintenance
Funds shall include; (1) an Operating Fund Ear current expenses
of the Association,, and (2) a Common Area Reserve Fund for .
replacements, painting and repairs (which would not reason- _
ably be expected to recur on an annual'or less frequent
basis) of the Common Area, Structural Maintenance Areas' and
Landscape Maintenance Areas Improvements and facilities to
the extent necessary under the provisions of this Declaration:
The Boar& of Directors shall not commingle any amount de-
posited into any of the Pebblewood Pines Maintenance Funds with
amounts deposited into any other Pebblewood Pines Maintenance
Fund,
Section L Purpose of Annual Assessments. '
The assessments levied by the Association shall be used ex -
elusively to promote the common health, safety, benefits
recreation and Welfare of the residents of the Dwelling units
in the Properties and for the improvement and maintenance
of the Common ,Area, Structural Maintenance Areas and Landscape
Maintenance Areas as provided herein. However, disburse -
meats from the Common Area Reserve Fund shall be made by
the Board of Directors 'only for the specific purposes spe-
®
cified in this Article V1. bisbursements from the Operating
rti
Fund shall be made by the Board of Directors for such pur-
poses as are'necesssry for the discharge of its respon-
sibilities herein .for the common benefit of all of the Owners,
other than those purposes for which disbursements from
the Common Area Reserve Find are to be used. nothing in
v