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Laguna de la Paz CC&Rs
k WHEN RECORDED, RETURN TO: MICHAEL L. VOLLMER Attorney at Law 850 East Chapman Avenue Suite "C" Orange, California 92666 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LAGUNA DE LA PAZ PLANNED UNIT DEVELOPMENT IN RIVERSIDE COUNTY, CALIFORNIA DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF "LAGUNA DE LA PAZ PLANNED UNIT DEVELOPMENT IN RIVERSIDE COUNTY, CALIFORNIA" Page PREAMBLE . . . . . . . . . . . . . 1 DECLARATION . . . . . . . . . . . . . 1 ARTICLE I: DEFINITIONS . . . . . . . . . . . 1 Section 1.01 Architectural Committee . . . . . 2 Section 1.02 Architectural Committee Rules 2 Section 1.03 Articles 2 Section 1.04 Association . 2 Section 1.05 Beneficiary 2 Section 1.06 Board . . . . . . . . . . . . . . 2 Section 1.07 Bylaws . . . . . . . . . . . . . 2 Section 1.08 Committee . . 2 Section 1.09 Common Area . . . . . . . . . 2 Section 1.10 Covenants . . . . . . . . . . . . 2 Section 1.11 Declarant . . . . . . . . . . . . 3 Section 1.12 Deed of Trust . . . . . . . . . . 3 Section 1.13 File .. . . . . . . . . . . . . 3 Section 1.14 Fiscal Year . . . . . . . . . . . 3 Section 1.15 Improvement . . . . . . . . . . . 3 Section 1.16 Lot . . . . . . . . . . . . . . . 3 Section 1.17 Member . . . . . . . . . . . 3 Section 1.18 owner(s) . . . . . . . . . . . . 3 Section 1.19 Person . . . . . . . . . . . . . 3 Section 1.20 Properties . . . . . . . . . . . 4 Section 1.21 Restrictions . . . . . . . . . . 4 Section 1.22 Subdivided and Subdivision Map 4 ARTICLE II: NATURE AND PURPOSE OF COVENANTS . . . 4 ARTICLE III: TITLE TO COMMON AREA . ... . . . . . . 5 ARTICLE IV: ORGANIZATION OF THE LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION . . . . . . . . 5 Section 4.01 Membership . . . . . , . . . . . 5 Section 4.02 Annual Meetings . . . . . . . . . 5 Section 4.03 Voting Rights.. . 5 Section 4.04 Management . . . 6 (i) Page ARTICLE V: ARCHITECTURAL CONTROL . . . . . . . 6 Section 5.01 Architectural Approval 6 Section 5.02 Architectural Committee . . . . . 6 Section 5.03 Composition . . . . . . . . . 6 Section 5.04 Committee Composition . . . . . . 7 Section 5.05 Association Control . . . . . . . 7 Section 5.06 Term of Office . . . . . . . . 7 Section 5.07 Resignations . . ... . . 7 Section 5.08 Vacancies . . . . . . . . . . . 7 Section 5.09 Duties 7 Section 5..10 Meetings and Compensation 7 Section 5.11 Architectural Committe Rules 8 Section 5.12 Waiver . . . . . . . . . . . . . 8 Section 5.13 Failure to Act. . . . . . . . . . 8 Section 5.14 Liability . . . . . . . . . . . . 8 ARTICLE VI: APPLICATIONS TO ARCHITECTURAL CONTROL COMMITTEE . . . . . . . . . . . . . . 9 Section 6.01 Application for Approval of Improvements . . . . . . . . . . 9 Section 6.02 Basis for Approval of Improvements . . . . . . . . . . 10 Section 6.03 Form of Approval 10 Section 6.04 Proceeding with Work . . . . 10 Section 6.05 Failure to Complete Work . . . . 10 Section 6.06 Inspection of Work . . . . . . . 11 ARTICLE VII: EASEMENTS AND COMMON WALLS . . . . . . 12 Section 7.01 Easements Granted . . . . . . . . 12 Section 7.02 Utility Easements . . . . . . . . 12 Section 7.03 Common Areas . . . . . ... . . . 13 Section 7.04 Easements for Encroachments 13 Section 7.05 Easement for Fire Protection Purposes . . . . . . . . . . 14 Section 7.06 Easement for Overhanging Roofs 14 Section 7.07 Common Walls . . . . . . . . . . 14 Section 7.08 Other Easements . . . . . . . 15 Section 7.09 Appurtenant Easements . . . . . . 15 Section 7.10 Easement for Construction and Sales . . . . . . . . . . . . . . 15 ARTICLE VIII: EXTERIOR MAINTENANCE . . . . . . . . 16 ARTICLE IX: USES OF, AND RESTRICTIONS ON LOTS 16 Section 9.01 Residential Uses Only . . . . . 16 Section 9:02 Animals . . . . . . . . . . . 16 Section 9.03 _. Antennas . . . . . . . . . . . . 16 Section 9.04 Businesses.. . . . . . . . . . . 17 to Page Section 9.05 Temporary Occupancy . . . . . . . 17 Section 9.06 Trailers, Boats,.and Motor Vehicles . . . . . . . . . . . . 17 Section 9.07 Improvements and Alterations 17 Section 9.08 Signs . . . . . . . . . . . . . . 17 Section 9.09 Nuisances . . . . . . . . . . . . 17 Section 9.10 Maintenance of Lawns and Planting . . . . ... . . 18 Section 9.11 Repair of Building . . . .. . . . 18 Section 9.12 Trash Collection and Containers 18 Section 9.13 Clothes Drying Facilities . . . . 18 Section 9.14 Mineral Exploration . . . . . . . 19 Section 9.15 Right of Entry . . . . . . . . . 19 Section 9.16 Machinery and Equipment . . . . . 19 Section 9.17 Diseases and Insects .. 19 Section 9.18 Restriction on Further Sub- division . . . . . . . . . . . . 19 Section 9.19 Fences . . . . . . . . . . . . . 19 Section 9.20 Lot Size . . . . . . . . . . 19 Section 9.21 Card Key Barriers . . . . . . . . 19 ARTICLE X: PROPERTY RIGHTS . . . . . . . . . . . 20 Section 10.01 Extent of Owner's/Member's Easements. . . . . . . . . . . . 20 Section 10.02 Easements for Maintenance and Encroachments . . . . . . 20 ARTICLE XI: COMMON AREA . . . . . . . . . . . . . 21 Section 11.01 Use of Recreational Facilities 21 Section 11,02 Common Area Parking Facilities 21 Section 11.03 Maintenance of Common Area . . . 21 Section 11.04 Parkway Maintenance . . ... . . . 23 Section 11.05 Yard Maintenance. . . . . . . . . 23 Section 11.06 Excessive Water Runoff ... . . . 23 Section 11.07 Limitation on Construction . . . 23 ARTICLE XII: MAINTENANCE OF THE PROPERTIES . . . . 23 ARTICLE XIII: FUNDS AND ASSESSMENTS . . . . . . . . 24 Section 13.01 Operating Fund .' . . . . . . . 24 Section 13.02 Adoption of Budget . . . . 24 Section 13.03 Maximum Annual Assessment . . . . 24 Section 13.04 Special Assessments for Capital Improvements . . . . . . . . 25 Section 13.05 General Special Assessment 25 Page Section 13.06 Special Assessments to Reimburse the Association . . . . . . . . . 25 Section 13.07 Regular Assessments Against Subdivision Interests . . . . . . 25 Section 13.08 Notice of Quorum for any Action Authorized Under Sections 13.03 and 13.04 . . . . . . . . . . .. . 25 Section 13.09 Payment and Assessments ... 25 Section 13.10 Late Charges and Interest 25 Section 13.11 Obligations of Developer and Owners . . . . . . . . . . . . 26 Section 13.12 Enforcement of Assessments . . . 26 Section 13.13 No Lien for Certain Charges and Assessments . . . . . . . . . 28 Section 13.14 Assessment Certificate . . . . . 28 Section 13.15 Subordination to Certain Trust Deeds (Subordination) . . . . . . 29 Section 13.16 Amendment . . . . . . . . . . . . 29 Section 13.17 Subdivider as Owner . . . . . . . 29 ARTICLE XIV: BOND OBLIGATIONS OF THE DECLARANT 30 Section 14.01 Bond Obligations for Common Area Improvements . . . . . . . . 30 Section 14.02 Bond to Assure Operation and Maintenance Fund for Common Area and Common Facilities . . . . . . 31 ARTICLE XV: BREACH . . . . . . . . . . . . . . . . 32 Section 15.01 Right of Enforcement . . . . . . 32 Section 15.02 Violations and Nuisances . . . . 32 Section 15.03 Remedies Cumulative . . . . . . . 32 Section 15.04 Nonwaiver . . . . . . . . . . . . 32 Section 15.05 Mortgage Protection . . . . . . . 32 Section 15.06 Discipline of Members . . . . . . 32- ARTICLE XVI: NOTICES . . . . . . . . . . . . . . . 33 ARTICLE XVII: ADDED PROPERTY . . . . . ... . . . . . 33 Section 17.01 Annexation by Association . . . . 33 Section 17.02 Annexation by Declarant 34 Section 17.03 Procedure . . . . . . . . . . 34 ARTICLE XVIII: SEVERABILITY . . . . . . . . . . . . . 35 ARTICLE XIX: MISCELLANEOUS . . . . . . . . . . . . 35 (iv) Page Section 19.01 Consent of County of Riverside 35 Section 19.02 Term . . . . . . . . . . . 35 Section 19.03 Amendment . . . . . . • . . . . 36 Section 19.04 Destruction or ExtensiveDamage to the Common Area . . . . . . . 36 Section 19.05 Attorney's Fees . . . . . . . . . 36 Section 19.06 Conflicts . . . . . . . . . . . 36 EXECUTION . . . . . . . . . . . . . . . . . 37 LIST OF EXHIBITS EXHIBIT "A" LEGAL DESCRIPTION OF REAL.PROPERTY EXHIBIT "B" ARTICLES OF INCORPORATION OF LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION EXHIBIT "C" BYLAWS OF LAGUNA DE LA PAZ HOMEOWNERS ASSOCIATION EXHIBIT "D" EASEMENT FOR FIRE PROTECTION PURPOSES EXHIBIT "E" PARKWAY MAINTENANCE EXHIBIT "F" COMMON AREAS AFFECTED BY EXCESSIVE WATER RUNOFF EXHIBIT "G" LEGAL DESCRIPTION OF PROPERTY WHICH MAY BE ANNEXED TO THE PROPERTIES DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF LAGUNA DE LA PAZ PLANNED UNIT DEVELOPMENT IN RIVERSIDE COUNTY, CALIFORNIA PREAMBLE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS is made this day of , 19 , by LA QUINTA PROPERTIES, LTD., a California limited partnership, (hereinafter "Declarant"). Declarant is the owner of certain real property in the County of Riverside, State of California, known as Lots through , inclusive, of Tract No. 13640 (hereinafter referred to as "the Properties"), as per map recorded in Book , Pages through , inclusive, of Miscellaneous Maps in the office of the County Recorder of Riverside County. In order to establish a general plan for the improvement and development of the Properties, Declarant desires to subject the Properties to certain conditions, covenants and restrictions, upon and subject to which all Properties shall be held, improved, and conveyed. DECLARATION NOW, THEREFORE, the Declarant does hereby declare that all of the property described as Lots through inclusive, of Tract No. 13640-1 and Lots through inclusive, of Tract No. 13640-3 (and described in Exhibit "A" attached hereto and incorporated herein by this reference), is held and shall be held, conveyed, hypothecated, or encumbered, leased, rented, used, occupied and improved subject to the following easements, covenants, conditions and restrictions. ARTTC T.F T DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases, when*used in these LAGUNA DE LA PAZ restrictions, shall have the meanings hereafter specified: -1- Section 1.01: Architectural Committee. The term "Architectural Committee" shall mean the committee created pursuant to Article V hereof, and as also referred to in the LAGUNA DE LA PAZ Homeowners Association Bylaws. Section 1.02: Architectural Committee Rules. The term "Architectural Committee rules" shall mean the rules adopted by the Architectural Committee pursuant to Section 5.11 hereof. Section 1.03: Articles. The term."Articles" shall mean the Articles of Incorporation of the LAGUNA DE LA PAZ Homeowners Association which have been filed in the office of the Secretary of State of California; a true copy of which is attached hereto, marked Exhibit "B" and incorporated herein by this reference.. Section 1.04: Association. The term "Association" shall mean and refer to the LAGUNA DE LA PAZ Homeowners Association, its successors and assigns. Section 1.05: Beneficiary. The term "Beneficiary" shall mean the mortgagee under a mortgage or a beneficiary or holder under a deed of trust, as the case may be, and/or the assignees of such mortgagee, beneficiary or holder. Section 1.06: Board. The term "Board" shall mean the Board of Directors of the LAGUNA DE LA PAZ Homeowners Association. Section 1.07: Bylaws. The term "Bylaws" shall mean the Bylaws of the LAGUNA DE LA PAZ Homeowners Association which have been or shall be adopted by the Board substantially in the form of Exhibit "C" attached hereto and incorporated herein by this reference, as such Bylaws may be amended from time to time. Section 1.08: Committee. The term "Committee" shall mean the Architectural Committee. Section 1.09: Common Area. The term "Common Area" shall mean all of the real property so classified in accordance with Article III hereof. Section 1.10: Covenants. The term -"Covenants" as used herein shall mean and refer collectively to the covenants, conditions, restrictions, reservations, easements, liens and charges imposed or expressed in this Declaration. -2- Section 1.11: Declarant. The term "Declarant" as used herein shall mean and refer to "LAGUNA DE LA PAZ, LTD.," a California limited partnership, also the "subdivider" or "developer", its successors and assigns if such successors or assigns should acquire more than one (1) undeveloped Lot from the Declarant for the purpose of development. Section 1.12: Deed of Trust. The term "Deed of Trust" or "Trust Deed" shall mean a mortgage or Deed of Trust, as the case may be. Section 1.13: File. The term "file" and "filed" shall mean, with reference to any subdivision map or parcel map, the recording of said map, in the office of the County Recorder, County of Riverside, State of California. Section 1.14: Fiscal Year. The term "fiscal year" shall mean the calendar year. Section 1.15: Improvement. The term "Improvement" shall include all structures and appurtenances thereto of every type and kind, including but not limited to buildings, out -buildings, garages, carports, roads, driveways, parking areas, fences, tennis courts, swimming pools, screening walls, retaining walls, stairs, decks, hedges, windbreaks, plantings, planted trees and shrub, poles, signs and all other structures or landscaping improvements of any type and kind. Section 1.16: Lot. The term "Lot" as used herein shall mean and refer to any plot of land shown upon any recorded subdivision map of the properties with the exception of the Common Area. Section 1.17: Member. The term "Member" shall mean any person, corporation, partnership, joint venture or other legal entity who.or which is a member of the LAGUNA DE LA PAZ Homeowners Association, or its successors, pursuant to Section 4.01 hereof. Section 1.18: Owner(s). The term "Owner(s)" shall mean and refer to the record owner, whether one or more persons or entities of a fee simple title to any Lot which is a part of the subdivision, including the contract vendee under a contract of sale, and including contract sellers, but excluding those having an interest merely as security for the performance of an obligation. Section 1.19: Person. The term "Person" shall mean a natural individual, natural individual acting in a -3- fiduciary capacity, or a corporation, incorporated associa- tion, a partner, joint venturer, trustee, conservator, executor, administrator, or any other entity with the legal right to hold title to real property. Section 1.20: Properties. The term "Properties", as used herein, shall mean and refer to that certain real property hereinbefore described, and such additions hereto as may hereafter be brought within the jurisdiction of the Association. Section 1.21: Restrictions. The term "LAGUNA DE LA PAZ Restrictions" shall mean this Declaration, as said Declaration may be amended from time to time. Section 1.22: Subdivided and Subdivision Map. The term "Subdivided" shall mean the artificial division or separation of a parcel of real property into Lots, shown on a subdivision map or parcel map. The term "Subdivision Map" shall mean (a) any "final map" within the meaning of the provisions of Section 4, Part 2, Chapter 2, of the Business and Professions Code of the State of California, or (b) any "parcel map" within the meaning of the provisions of Division 4, Part 2, Chapter 2 of the Business and Professions Code of the State of California, as any or all of such provisions may be amended from time to time. ARTICLE II NATURE AND PURPOSE OF COVENANTS The Covenants, Conditions, and Restrictions set forth in this Declaration constitute a general scheme for the development, protection, and maintenance of the Properties and to enhance the value, desirability, and attractiveness of the Lots and Common Area for the benefit of all Owners of the Lots therein. These Covenants, Conditions, and Restrictions are imposed upon the Declarant and upon the Owners of all Lots. Said Covenants, Conditions, and Restrictions are for the benefit of all Lots, and shall bind the Owners of all such Lots. Such Covenants, Conditions, and Restrictions shall be a burden upon and a'benefit to not only the original Owner of each Lot, but also his successors and assigns. All such Covenants, Conditions, and Restrictions are intended as and are hereby declared to be covenants running with the land or equitable servitudes upon the land as the case may be. -4- ARTICLE III TITLE TO COMMON AREA The Declarant hereby covenants for itself, its heirs and assigns, that it will convey to the Association fee simple title to the Common Area described in Exhibit "D" attached hereto and incorporated herein by this reference, free and clear of all encumbrances and liens, except for the liens of this Declaration, prior to the conveyance of the first Lot in the Tract. ARTICLE IV ORGANIZATION OF THE LAGUNA DE LA PAZ HOMEOW14ERS ASSOCIATION Section 4.01: Membership. Every Person or entity who is a record Owner of a fee or undivided fee interest in any Lot which is subject under the Declaration to assessment by the Association, including contract sellers, shall be a member of the Association; provided that Persons or entities who hold an interest merely as security for performance of an obligation shall not be Members of the Association. Membership shall be appurtenant to and may not be separated from ownership of the Lot which gives rise to such Member- ship. Ownership of such a Lot or interest therein shall be the sole qualification for Membership. Section 4.02: Annual Meetings. The first annual meeting of the Members shall be held within six (6) months from the date of sale of the first Lot or not later than forty-five (45) days after fifty-one percent (510) of the Lots have been sold, whichever occurs first. Subsequent regular annual meetings of the Members shall be held on the same day of the same month of each year thereafter, at the hour of 8:00 o'clock P.M. If the day for the annual meeting of the Members is a legal holiday, the meeting.will be held at the same hour on the first day following which is not a legal holiday. Annual and special meetings of Members shall be held within the Properties or as close thereto as practicable. Section 4.03: Voting Rights. The Association shall have two (2) classes of voting Membership: CLASS A: Class A Members shall be all the Owners with the exception of the Declarant and shall be entitled to one vote for each Lot owned. When more than one (1) person holds an interest in any Lot, all such persons shall be entitled to all rights and privileges of Membership. -5- The vote of such Lot shall be exercised as the Owners collec- tively determine, but in no event shall more than one (1) vote be cast with respect to any Lot. CLASS B: The Class B Member shall be the Declarant and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease and be converted to a Class A membership on the happening of either of the following events; whichever occurs earlier: A. At such time as.the total.votes out- standing in Class A Membership equals or exceeds the total votes outstanding in Class B Membership; or B. On the second anniversary of the original issuance of the most recently issued public report for a phase of the development; or C. Not later than the fourth (4th) anniversary of the original issuance of the sub- division public report for the first phase of this multiphase planned unit development as.further described in this Declaration. . Section 4.04: Management. All powers relating to management, operation and maintenance of the Common Area, as well as certain rights, duties and powers relating to the Lots, as hereinafter set forth and as set forth in the Bylaws attached hereto as Exhibit "C", shall be vested in the Association. ARTICLE V ARCHITECTURAL CONTROL Section 5.01: Architectural Approval. No building, fence, wall or other structure shall be commenced, erected, altered, or repaired upon the Properties, nor shall any exterior addition to, or change or alteration therein, be made until the plans and specifications showing the nature, kind, shape, height, materials, color, and location of the same have been submitted to and approved in writing as to harmony or external design and location in relation to the surrounding structures and topography by the Architectural Committee provided for under this Article V. Section 5.02: Architectural Committee. There shall be an Architectural Committee organized.as stated in this Article V. Section 5.03: Composition. The Committee for the control of structural and landscaping architecture and design (the Architectural Control Committee) within the subdivision shall consist of five (5) members. Members appointed to the Committee by the Board shall be from the Membership of the Association. Members appointed to the Committee by the Declarant need not be Members of the Association. Section 5.04: Committee Composition. The Declarant may appoint all the original members of the Architectural Control Committee and all replacements until the first anniversary of the issuance of the initial public report for the first phase of the subdivision. The Declarant reserves to himself the power to appoint a majority of the members of the Committee until ninety percent (90%) of all the subdivision interests in the overall development has been sold or on the fifth (5th) anniversary of the original issuance of the final public report on the first phase of the subdivision; whichever occurs first. Section 5.05: Association Control. After one (1) year from the date of the issuance of the original public report for the first phase of the subdivision, the governing body of the Association shall have the power to appoint one (1) member of the Architectural Control Committee until ninety percent (90%) of the subdivision interests in the overall development has been sold or until the fifth (5th) anniversary of the original issuance of the final public report for the first phase of the subdivision; whichever comes first. Thereafter, the Board of Directors of the Association shall have the power to appoint all members of the Architectural Control Committee. Section 5.06: Term of Office. The members of the Architectural Committee shall be appointed by the Board of Directors for a term of two (2) years. Section 5.07: Resignations. Any member of the Architectux Control Committee may at any time resign from the Committee by giving written notice thereof to the Board of Directors. Section 5.08:. Vacancies. Vacancies on the Architectural Committee, however caused, shall.be.filled by the Board of Directors. A vacancy or vacancies on the Architectural Committee shall be deemed to exist in case of death, resignation, or removal of any member. Section 5.09: Duties. It shall be the duty of the Architectural Committee to consider and act upon any and all proposals or plans submitted to it pursuant to the terms hereof, to adopt Architectural Committee rules, to perform other duties designated to it by the Board, and to.carry out all other duties imposed upon it by the Covenants. Section 5.10: Meetings and Compensation. The Architectura Committee shall meet from time to time as necessary to perform its duties hereunder. The vote or written consent of any three -7- (3) regular members, at a meeting or otherwise, shall constitute the act of the Committee unless the unanimous decision of the Committee is required by any other provision of the Covenants. The Committee shall keep and maintain a written record of all actions taken by it at such meetings or otherwise. Members of the Architectural Committee shall be entitled to reimbursement from the Association for all reasonable expenses incurred by them in'the performance of any Architectural Committee functions not otherwise reimbursed. Section 5.11: Architectural Committee Rules. The Architectural Committee may, from time to time, in its sole and absolute discretion, adopt, amend and repeal,' by unanimous vote or written consent, rules and regulations, to be known as "Archi- tectural Committee Rules". Said Rules shall interpret and implement the Covenants by setting forth the standards and procedures for Architectural Committee review and the guidelines for architectural design, placement of buildings, landscaping, color schemes, exterior finishes and materials and similar features which are recommended for use in the Properties con- stituting the subdivision. Section 5.12: Waiver. The approval of the Architectural Committee of any plans, drawings or specifications for any work done or proposed, or for any other matter requiring approval of the Architectural Committee under the Covenants, shall not be deemed to constitute a waiver of any right to withhold approval of any similar plans, drawings, specifications or matters sub- sequently submitted for approval. Section 5.13: Failure to Act. In the event said Committee, or its designated representatives, fails to approve or disapprove such design and location within thirty (30) days after said plans or specifications have been submitted to it, approval shall not be required, and this Article will be deemed to have been fully complied with. Section 5.14: Liability. Neither the Architectural Committee nor any member thereof shall be liable to the Association, any Owner, or to any other party for any damage, loss or prejudice suffered or claimed on account of: A. The approval or disapproval of any plans, drawings or specifications, whether or not defective; B. The construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications; or C. The development of any property within the Properties without in any way limiting the generality of any of the foregoing provisions cm of this Section. The Architectural Committee or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner with respect to any plans, drawings, specifications, or any other proposal submitted to the Architectural Committee. ARTICLE VI APPLICATIONS TO ARCHITECTURAL CONTROL COMMITTEE Section 6.01: Application for Approval of Improvements. Any Owners, except the Declarant, proposing to make any Improvement of any kind whatsoever which under Article V hereof requires the prior approval of the Architectural Committee shall apply for approval by delivering to such.Committee written application describing the nature of the proposed Improvement together with the following documents and information, in such number of copies as said Committee may require: A. A plot plan of the affected property showing the location of existing and proposed Improvements; B. Floor plans; C. Drawings showing all elevations; D. A description of exterior materials and color, with color samples; E. The proposed construction schedule of the Owner. The Architectural Committee may require that every written application for approval in connection with any proposed improvement be accompanied by a nonrefundable examination and inspection fee to be paid to the Architectural Committee. Such fee shall be used to cover expenses of the Committee incurred in connection with each application, and any excess shall be refunded to the applicant. In no event may any fee exceed $100.00. In addition, the Architectural Committee may require that'a Two Hundred Dollar ($200.00) cleanup deposit be submitted before work is begun. This deposit is to be returned after the work is completed or abandoned and the worksite has been returned to a satisfactory state. WE .ry Section 6.02: Basis for Approval of Improvements. The Architectural Committee shall grant the requested approval only if said Committee determines, in its sole and absolute discretion, that: A. The Owner shall have strictly complied with the provisions of Section 6.01 above; B. The proposed Improvement conforms to the Covenants, particularly to the requirements and restrictions of this Article VI, and to the Architectural Committee rules in effect'at the time the application for approval was submitted. C. The proposed Improvement is compatible with the standards of, and the purposes of, the Properties constituting the subdivision as to quality of workmanship and materials, as to harmony of external design with existing Improvements, and as to location with respect to topography and finished grade elevations. Section 6.03: Form of Approval. All approvals given under the foregoing Section 6.02 shall be in writing. One set of plans as finally approved shall be retained by the Architectural Committee as a permanent record. Section 6.04: Proceeding with Work. Upon receipt of approval from the Architectural Committee pursuant to Article V and VI, the Owner shall, as soon as practicable (and upon the issuance of permit bythe applicable governmental agency), satisfy all terms and conditions thereof and diligently proceed with the commencement and completion of all construction, refinishing, alterations and excavations pursuant to said approval; provided, however, such commencement shall occur, in all cases, within one (1) year from the date of such approval if upon the application of an Owner. If the Owner shall fail to comply strictly with this Section, any approval given pursuant to Articles V and VI, hereof, shall be deemed revoked unless -the Architectural Committee, upon written request of the Owner made prior to the expiration of said one (1) year period, extends the time of such commencement. No such extension shall be granted except upon a finding by the Architectural Committee, in its sole and absolute discretion, that there has been no change in the circumstances under which the original approval was granted. Section 6.05: Failure to Complete Work. The Owner shall, in any event, complete the construction, reconstruction, refinishing or alteration of any such Improvement within- -10.- six (6) months after commencing construction thereof, except and for so long as such completion is rendered objectively impossible or would result in great hardship to the Owner due to labor disputes, fires, national emergencies, natural calamities or other supervening forces beyond the reasonable control of the Owner or his agents. If the Owner fails to comply strictly with this Section, the Architectural Committee shall notify the Association of such failure, and the Association shall proceed in accordance with the provisions of the following Section 6.06 as though the failure to complete the Improvement constituted a noncompliance with approved plans. Section 6.06: Inspection of Work.* Inspection of work and correction of defects therein shall proceed as follows: A. Upon the completion of any construction or reconstruction or the alteration or refinishing of the exterior or any Improvements, or upon the completion of any other work for which approved plans are required under this Article, the Owner shall give written notice of completion to the Architectural Committee. B. Within sixty (60) days thereafter, the Architectural Committee or its duly authorized representative may inspect such Improvement to determine whether it was constructed, reconstructed, altered or refinished in substantial compliance with the approved plans. If the Architectural Committee finds that such construction, reconstruction, alteration or refinishing was not done in substantial compliance with the approved plans, it shall notify the Owner in writing of such noncompliance within such sixty (60) day period, specifying the particulars of noncompliance, and shall require the Owner to remedy such noncompliance. C. If upon the expiration of thirty (30) days from the date of such notification the Owner shall have failed to remedy such noncompliance the Architectural Committee shall notify the Board in writing of such failure. The Board shall then set a date on which a hearing shall be held before it regarding the alleged noncompliance. The hearing date shall be not more than thirty (30) days nor less than fifteen (15) days after notice of noncompliance is given to the Board by the Archi- tectural Committee. Written notice of the hearing date shall be given at least ten (10) days in advance thereof by the Association to the Owner, the Architectural Committee and, in the discretion of the Board, to any other interested party. -11- D. At the hearing, the Owner, the Architectural Committee, and in the Board's discretion, any other interested Person, may present information relevant to the question of the alleged noncompliance. After considering all such information, the Board shall determine whether there is a noncompliance and, if so, the nature thereof and the estimated cost of correcting or removing the same. If a noncompliance exists, the Board shall announce its ruling at the conclusion of the hearing and, promptly -thereafter, shall direct the Owner in writing to remedy or remove the same within a period of not more than forty-five (45) days from the date of announcement of the Board ruling. If the Owner does not comply with the Board ruling within such period or within any extension of such period as.the Board, in its discretion, may grant, the Board, at its option, may either remove the noncomplying Improvement or remedy the noncom- pliance and the Owner.shall reimburse the Association, upon demand, for all expenses incurred in connection therewith. If such expenses are not promptly prepaid by the Owner to the Association, the Board shall levy a reimbursement assessment against such Owner pursuant to Article XII.hereof. E. If for any reason the Architectural Committee fails to notify the Owner of any non- compliance within sixty (60) days after receipt of said written notice of completion from the Owner, the Improvement shall be deemed in accordance with said approved plans. ARTICLE VI I EASEMENTS AND COMMON WALLS Section 7.01: Easements Granted. This Declaration of Covenants, Conditions and Restrictions shall be subject to all easements heretofore or hereafter granted by the Declarant or its successors and assigns for the installation and maintenance of utilities and drainage facilities that are reasonably necessary to the development of the Properties. This Declaration cannot be amended to modify or eliminate any easements reserved or granted to Declarant without prior written approval of Declarant and any attempt to do so shall have no effect. Any attempt to modify or eliminate this section shall likewise re- quire the prior written approval of Declaration. Section 7.02: Utility Easements. The rights and duties of Owners of the Lots within the Properties with respect to sanitary sewer and water, electricity, gas, cable television, telephone lines, and drainage facilities shall be,governed by the following: -12- A. Wherever sanitary sewer hose connections and/or water hose connections or .electricity, gas, cable television, or telephone lines, or drainage facilities are installed within the Properties, in which the connections, lines -or facilities, or any portion thereof, lie in or upon Lots owned by others than the Owner of a Lot served by said connections, the Owners of any Lots served by said connections, lines, or facilities shall have the right, and are hereby granted an easement to the full extent necessary therefor, to enter upon the Lot or to have utility companies enter upon the Lots within the Properties in or upon which said connection, line or facilities, or any portion there- of, lie, to repair, replace and generally maintain said connections as and when the same may be necessary as set forth below. B. Whenever sanitary sewer hose connec- tions and/or water hose connections or electricity, gas, or cable television lines, telephone lines or drainage facilities are installed within the Properties, which connections serve more than one (1) Lot, the Owner of each Lot served by said connection shall be entitled to the full use and enjoyment of such portions of said connections as services his Lot. C. Easements over the Properties for. the installation and maintenance of electricity, telephone, television, water, gas, and sanitary sewer lines and drainage facilities as shown upon the recorded tract map of the Properties, are hereby reserved by the Declarant together with the right to grant and transfer the same. Section 7.03: Common Areas. Subject to the limitations imposed in Article X and the Bylaws, each Owner shall have the right and easement of enjoyment in and to the Common Area of the Properties. Such easement shall be appurtenant and shall pass with the title to each Lot. Section 7.04: Easements for Encroachments. Each Lot and its Owner within the Properties is hereby declared to have an easement, and the same is granted by the Declarant, over all adjoining Lots and the Common Area for the purpose of accommodating any encroachment.due to engineering errors, errors in original construction, settlement or shifting of the buildings, or any other cause. There shall be easements for the maintenance of said encroachment, settling or shifting; provided, however, that in no event shall an easement for -13- encroachment be created in favor of an Owner or Owners if said encroachment occurred due to wilful misconduct of the Owner or Owners. In the event that a structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and there shall be easements for maintenance of said encroach- ments so long as they exist. Section 7.05: Easement For Fire Protection Purposes. Each Lot within the Properties which contains a detached residen- tial structure abutting or adjoining the adjacent Lot line is hereby granted a nonexclusive easement over the.following portion of such adjacent Lot: such easement area shall be five feet (5') in width, along the entirety of the affected Lot. Said easement areas and the affected Lots are shown on Exhibit "D" attached hereto and incorporated herein with this reference. Said ease- ment is granted for the purpose of the easement area being maintained as open space for fire protection purposes only, and for no other purposes. The Owner of the Lot containing the easement area shall be solely responsible for its maintenance. The Owners of the servient tenements (those Lots containing such easement areas) shall not, during the term of this Declara- tion erect or build any structures or otherwise interfere with the open space of the easement areas provided that, the foregoing shall not be construed to prohibit the Owners of such affected Lots from constructing patio slabs, patio covers or the like, or otherwise using and occupying such areas. Those Lots which have not yet been annexed into the Properties which are shown on Exhibit "D" hereto, shall become subject to this Section 7.05 concurrent with the recordation of the appropriate Annexation Declaration annexing such pro- perty into the Properties. The provisions of this Section 7.05 shall not be amended absent the written consent of all affected Lot owners. Section 7.06: Easement for Overhanging Roofs. Each Lot within the Properties is hereby declared to have an easement for overhanging roofs and eaves as originally constructed over each adjoining Lot and/or the Common Area and for the maintenance thereof. Section 7.07: Common Walls. Each wall which is built as part of the original construction of the homes upon the Properties and is placed on the Lot so as to abut or adjoin a dwelling constructed on a contiguous Lot shall constitute a common wall, and to the extent not inconsistent, with the provisions of this Article, the general rules of law regarding common walls and for liability for property damage due to negligence or wilful acts or omissions shall apply thereto. Each Owner of a Lot upon which there exists a common wall shall own to the center of the wall. The follow- inV provisions shall also apply with respect to the use and maintenance of common walls: -14- A. The Owner of each Lot upon which there is located a common wall shall have a reci- procal, nonexclusive easement to each contiguous Lot for the purpose of maintaining the common wall. The cost of reasonable repair and maintenance of a common wall shall be shared by the Owners who make use of the wall in proportion to such use. B. If a common wall is destroyed or damaged by fire or other casualty, any Owner who has used the wall may restore it, and if the other Owners thereafter make use of the wall, they shall contri- bute to the cost of restoration thereof in pro- portion to such use without prejudice, however, to the right of any such Owners to call f.or a larger contribution from the others under any rule of law regarding liability for negligent or wilful acts or omissions. C. Notwithstanding any other provisions of this Article, an Owner who by his negligent or wilful act causes the common wall to be exposed to the elements shall bear the cost of furnishing the necessary protection against such elements. D. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such Owner's successors in title. E. In the event of any dispute arising concerning a common wall, or under the provisions of this Article, each party shall choose one (1) arbitrator, and such arbitrator shall choose one (1) additional arbitrator, and the decision of the majority of the arbitrators shall be final and con- clusive of the question involved. Section 7.08: Other Easements. Easements over any Lot that are required in order that the Association may carry out its duties and powers as set forth in Articles V and XII of these Covenants are reserved by the Association, its successors or assigns.. Section 7.09: Appurtenant Easements. Each of the easements hereinabove referred to shall be deemed to be estab- lished upon the recordation of these covenants and shall be appurtenant to the Lot being serviced and shall pass with each conveyance of said Lot. Section 7.10: Easement for Construction and Sales. There is hereby reserved to Declarant, including, without limi- tation, its sales agents and representatives and prospective purchasers of Lots together with the right in Declarant to grant and transfer the same, over the Common Area and the facilities thereon as the same may from time to time exist, -15- easements for construction, display, posting of signs, mainten- ance, and exhibit purposes in connection with the erection and sale of Improvements on the Lots within the Properties; provided, however, that such use shall not be fora period beyond the earlier of either four (4) years from the conveyance of the first Lot by Declarant, or the sale by Declarant of all Lots to be developed in additional phases of the overall project, and provided further that no such use by Declarant and others shall otherwise restrict the Members in the reasonable use and enjoyment of the Lots and the Common Area. ARTICLE VIII EXTERIOR MAINTENANCE In the event an Owner of any Lot in the Properties shall fail to maintain the Premises and Improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approval by two-thirds (2/3) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and to repair, maintain, and restore the Lot and the exterior of the buildings and any other improvements erected thereon. The cost of such exterior main- tenance shall be added to and become part of the assessment to which such Lot is subject. ARTICLE IX USES OF, AND RESTRICTIONS ON LOTS Section 9.01: Residential Uses Only. Each Lot within the Properties, except for the Common Area, shall be improved, and used and occupied only for private residential purposes. Section 9.02: Animals. No animals or birds, other than a reasonable number of generally recognized house or yard pets, shall be maintained on any Lot within the Properties and then only if they are kept, bred or raised thereon solely as domestic pets and not for commercial purposes. No animal or bird shall be allowed to make an unreasonable amount of noise, or become a nuisance. No dogs are allowed on the Common Area of the Properties unless leashed and accompanied by an adult. Upon written request of any Owner, the Board shall conclusively determine, in its sole and absolute discretion, whether, for the purposes of this Section a particular animal or bird is a generally recognized house or.yard pet or a nuisance or whether the number of animals or birds on any such property is reasonable. Section 9.03: Antennas. Unless otherwise permitted by the Association, no antenna_ or other device for the transmission or reception of television signals, radio signals or any form of electromagnetic radiation shall be directed, used or maintained outdoors on any property within the Properties, whether attached to the building or structure or otherwise. -16- Section 9.04: Businesses. No part of the Properties shall ever be used or caused to be used for any business, commercial, manufacturing, merchantile, storing, vending, or such other nonresidential purposes, except Declarant, its successor or assigns and the Owners of Tract annexed pursuant to Article XVII hereof may use the Properties for a model home site, and display and sales offices during the construction and sales. Section 9.05: Temporary Occupancy. No trailer, basement of any complete building, tent, shack, garage, or barn and no temporary building or structure of any kind shall be used at any time for a residence on any property within the Properties, either temporary or permanent. Temporary buildings or structures used during the construction of a dwelling on any such property shall be removed immediately after completion of construction. Section 9.06: Trailers, Boats, and Motor Vehicles. No mobile home, trailer of any kind, camper, permanent tent or similar structure, or boat, shall be kept, placed, maintained, constructed, reconstructed or repaired, nor shall any motor vehicle be constructed, reconstructed or repaired, on any prop- erty or street (public or private) within the Properties in such a manner as it will be visible from neighboring property; pro- vided, however,. that the provisions of this Section shall not apply to emergency vehicle repairs or temporary construction shelters or facilities maintained and used exclusively in con- nection with the construction of any Improvements approved by the Architectural Committee. Section 9.07: Improvements and Alterations. No improvements, excavation or other work which in any way alters the exterior appearance of any property within the Properties or the Improvements located thereon from its natural or unimproved state existing on the date such Lot was first conveyed in fee by the Declarant shall be made or done without prior approval of the Architectural Committee, except as otherwise expressly provided in these Covenants. Section 9.08: Signs. No sign or billboard of any kind (including but not limited to "For Rent", "For Lease", or "For Sale" signs) shall be displayed to the public view on any portion of the Lots or Common Area or any dwelling unit except one (1) sign for each Lot of not more than eighteen inches by twenty-four inches (18" x 24") advertising the Lot for sale with respect to which color, design, material, copy and location shall have been approved by the Architectural Committee. Furthermore, no signs of any type shall be permitted other than those complying with local laws and regulations in the event that such local laws and regulations are more restrictive. The foregoing restrictions shall not, however, apply to Declarant.,'its successors or assigns with regard to advertising the project during the construction and sales periods, except that said signs shall comply with local governmental laws and regulations. Section 9.09: Nuisances. No rubbish or'debris of any kind shall be placed or permitted to accumulate upon or adjacent -17- to any property within the subdivision, and no odor shall be permitted to arise therefrom, so as to render any such property or portion thereof unsanitary, unsightly, offensive or detrimental to any other property in the vicinity thereof or its occupants. No nuisance shall be permitted to exist or operate upon any such property so as to be offensive or detrimental to any one property in the vicinity thereof or to its occupants. Without limiting the generality of any of the foregoing provisions, no exterior speakers, horns, whistles, bells.or other sound devices, except for security devices used exclusively for security purposes, shall be located, used or placed on any such Lots. Section 9.10: Maintenance of Lawns and Planting. With- in six (6) months after conveyance of the title to the Lot to an Owner, such Owner shall install and shall thereafter maintain the landscaping of his lot in a neat.and attractive condition, including all necessary landscaping and gardening to properly maintain and periodically replace when necessary the trees, plants, grass and other vegetation originally placed on such Lot by Declarant, if any, or placed on such Lot by Owner. Except as the same may in fact be maintained by the Association, each Owner of property or a Lot within the Properties shall keep all shrubs, trees, grass and plantings of every kind on his property neatly trimmed, properly cultivated and free of trash, weeds and other unsightly materials. If any Owner fails to comply with the provisions of this Section, the Association may, after adequate notice, exercise any remedies at law or in equity which it may have or correct such condition during reasonable business hours and enter upon such Owner's property for the purpose of doing so. The cost thereof shall be assessed against the Owner of the Lot in accordance with the provisions of Article XIII. The Owner of such Lot does hereby grant the Association an easement to the Association and/or its agents, to enter on his land and perform any actions required by this Section and/or Article VIII hereof. Such easement shall be considered appurtenant to the land, and run with the land or be an equitable servitude on the land. Section 9.11: Repair of Building. No building or structure upon.any property within the Properties constituting the subdivision shall be permitted to fall into disrepair, and each such building or structure shall at all times be kept in good condition and repair and adequately painted or otherwise finished. Section 9.12: Trash Collection and Containers. No garbage or trash shall be placed or kept on any property or Lot within this subdivision except in covered containers of the type, size and style which are approved by the Board. In no event shall such containers be maintained so as to be visible from neighboring property except to make the same available for collec- tion, and then only the shortest time reasonably necessary to effect such collection. Section 9.13: Clothes Drying Facilities. Outside clotheslines or other outside facilities for drying or airing clothes shall not be erected, placed, or maintained on any property or Lot within this subdivision. M Section 9.14: Mineral Exploration. No property or Lot within the subdivision shall be used in any manner to explore for or remove any water, oil, or other hydrocarbons, mineral of any kind, gravel, earth or any earth substance of any kind. Section 9.15: Right of Entry. During reasonable business hours, the Declarant, any member of the Architectural Committee, any member of the Board, or any authorized represen- tative of any of them, shall have the right to enter upon and inspect any property or Lot within the subdivision, and the improvements thereon, for the purpose of ascertaining whether or not the provisions of the Covenants have been or are being complied with, and such person shall not be deemed guilty of trespass by reason of such entry; provided that at least twenty- four (24) hours notice shall be given to the 0.wner before any such entry. Section 9.16: Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated or maintained upon or adjacent to any property or Lot within the subdivision, except such machinery or equipment as is usual and customary in the City of La Quinta, Riverside County, California in connection with the use, maintenance or construction of private residences or appurtenant structures. Section 9.17: Diseases and Insects. No Owner shall permit any thing or condition to exist upon any property or Lot within the subdivision which shall induce, breed or harbor infectious plant diseases or noxious insects. Section 9.18: Restriction on Further Subdivision. No Lot within the Properties shall be further subdivided, and no portion less than all of any such Lot, nor any easement or other interest therein, shall be conveyed by any Owner without the prior written approval of the Association. Section 9.19: Fences. No fences of any type or material shall be permitted to be erected on any Lot in the Properties, above three feet W) in height, without prior approval of the Architectural Committee. Section 9.20: Lot Size. All Lots shall be a minimum of four thousand square feet (4,000 sq. ft.). Any modifidation of a proposed lot pattern that results from any condition attached by the City shall not be construed as a right to reduce the square footage of Lots to less than four thousand square feet (4, 000 sq. ft.) . Section 9.21: Card Key Barriers. Entrances to the tract equipped with card key operated barriers or other restric- tions to the free flow of traffic shall be provided with stacking space outside the travelled way of the adjoining public streets, for eight (8) vehicles. -19- ARTTrT.R X PROPERTY RIGHTS Section 10.01: Extent of Owner's/Member's Easements. Every Owner and Member shall have a right and easement of enjoyment in and to the Common Area and such easement shall be appurtenant to and shall pass with title to every Lot and may not be severed from the Lot. The above -mentioned easement shall be subject to the following provisions: A. The right of the Association to limit the number of guests of the Members; B. The right.of the Association in accord- ance with its Articles and Bylaws to borrow money for the purpose of improving the Common Area and in aid thereof to mortgage the Common Area. C. The right of the Association to suspend the voting rights of any Owner for a period during which any assessment against the Owner's Lot remains unpaid; and for a period not to exceed thirty (30) days after notice and hearing for any infraction of its public rules and regulations; D. The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members. No such dedication or transfer shall be effective unless the instrument has been signed by the Secretary of the.Association certifying that such dedication, sale or transfer has been approved by two-thirds (2/3) of the voting power of both classes of Members. E. The right of the Association to charge reasonable admission or other fees for any special or extraordinary uses of the lake within the Common Area such as wet or dry -boat storage, boat rental, instruction, special recreation facilities, day care or child care services or similar uses beyond the ordinary use of the lake. F. The right of the Board of Directors to adopt such reasonable rules and regulations as the Board deems proper concerning the use and maintenance of the lake, tennis courts, swimming pools, and related common facilities within the Common Area. G. Any Owner may delegate, in accordance with the Bylaws, his right of enjoyment to the Common Area to members of his family, his tenants, or contract purchasers who reside on his Lot. Section 10.02: Easements for Maintenance and Encroachments. Each Lot and Owner within the Properties is hereby declared to -, n have an easement, and the same is hereby granted by the Declarant, over all adjoining Lots and Common Area for the purposes of accommodating any encroachment due to engineering errors, errors in original construction, settlement or shifting of the building, or any other cause. There shall be easements for the maintenance of said encroachments, settling or shifting; provided, however, that in no event shall an easement for encroachment be created in favor of an Owner or Owners if said encroachment occurred due to the wilful misconduct of said Owner or Owners. In the event any structure on any Lot is partially or totally destroyed, and then repaired or rebuilt, the Owners of each Lot agree that minor encroachments over adjoining Lots shall be permitted and there shall be easements for the maintenance of said encroachments so long as they exist. ARTICLE XI COMMON AREA Section 11.01: Use of Recreational Facilities. The use of Common Area recreational facilities shall be in accordance with rules and regulations adopted by the Board of Directors of the Association. Section 11.02: Common Area Parking Facilities. The use .of Common Area parking facilities shall be in accordance with the rules and regulations adopted by the Board of Directors, and unless and except as such rules and regulations may specifically otherwise provide, Common Area parking facilities shall not be used for parking in excess of four (4) hours by any boat, camper, or truck, nor for overnight parking of any vehicle (regardless of type) other than vehicles of temporary guests of residents, it being the intent that the residents shall utilize the parking facilities with their respective Lots and keep the Common Area parking area free for use of guests. Common Area parking faci- lities shall not be used for vehicle washing or repair. Section 11.03: Maintenance of Common Area. The Common Area shall be maintained in an attractive and safe manner suitable to full enjoyment of the open spaces and all Improvements located thereon. The Board of Directors, as herein provided, shall levy and assess against all Owners for the erection of any buildings, maintenance, upkeep, taxes, insurance, and any other charges against the Common Area. The Board shall have the power and authority to: A. Adopt such rules and regulations as it deems proper for the use and enjoyment of, and the efficient and orderly conduct of, activities on the lake, tennis courts, and swimming pool areas within the Common Area, but such rules shall not unreasonably discriminate among Members. In the event of any conflict between such rules, these Covenants shall prevail. B. Regulate, restrict, and prohibit the use of the lake within the Common Area, or any portion thereof, at any time, and from time to time, as reasonably necessary -21- in order to protect the health and safety of Members, to preserve the wholesomeness and attractiveness of the lake, and to protect or enhance the structural integrity of the lake, to promote optimum enjoyment of the lake, and to undertake any maintenance, or to conduct tests of water quality, structural soundness, and the like. C. Stock the lake with fish and other marine life; regulate the construction, placement, design and use of floating and stationary docks, piers, wharfs, and other structures that may extend into the waters of the lake within the Common Area. D. Enter into on behalf of the Association, on reasonable terms and conditions, leasing, licensing and concession agreements with third parties for operation of a tennis pro shop within that portion of the Common Area constituting the tennis court faci- lities and to provide useful services to Members such as boat rental, boat storage and maintenance, rental of fishing gear and other equipment and other such services in connection with use of the lake; provided, however, that any such agreements shall require the prior written approval of the Board. E. Maintain, repair, operate and pay for all energy charges for the street lighting installed on the private streets by the developer. F. Maintain, repair, and cause to be in clean and operable condition all dry wells within the Properties installed by developer -for disposition of rain water and water runoff within the development. Maintain in a clean and operable condition all other such wells within the Properties, the Association acknowledging the existence of a minimum necessary noise level for the operation of such wells. Said Association shall be responsible for maintaining all catch basins, drop basins, drainpipes. and manholes, and shall also clean and dispose of silt and debris accumulating in the manholes. G. Maintain, repair and operate the water well system utilized to supply and keep the lake at its predetermined surface level. The association will be responsible for all maintenance and repair of such well, its pumping systems, electric motors, and energy charges. Said Association shall also be responsible for the payment of any charges levied by the Coachella Valley Water District in the future depletion of underground water supplies with respect to such usage. H. Retain and pay for the services of a person or persons or firm or firms to undertake any functions for which the Board has responsibility hereunder to the extent deemed advisable by the Board and to engage such personnel -22- for the performance of such functions; and to delegate any of its duties or functions to such personnel. Any contract with other personnel as described above shall not have renewable term of more than one (1) year by mutual agreement of the parties and shall be terminable for cause on no more than thirty (30) days' written notice by the Board. The Members release the members of the Board from liability for any omission or improper exercise by any personnel employed to perform such duties. Section 11.04: Parkway Maintenance. The Association covenants to assume responsibility in perpetuity for the maintenance of the parkway -areas adjoining the Properties along Washington Street and Eisenhower Drive, which parkway areas are shown in the shaded portions of Exhibit "E": attached hereto and incorporated herein by this reference. Section 11.05: Yard Maintenance. The Association covenants to maintain the front yard only of each Lot to the front fence of each Lot. Section 11.06: Excessive Water Runoff. The Association acknowledges that, in connection with the requirements of the City of La Quinta in limiting excessive water runoff onto public streets, that the green belt area and tennis courts contained within the Common Area, along with a portion of the parking areas within the project will during the course of excessive rainfall, accumulate standing water which will require up to forty-eight (48) hours for proper drainage. Such affected areas are shown on Exhibit "F" attached hereto and incorporated herein by this reference. In connection therewith, and as required by the City of La Quinta, and in accordance with the approved plans on file with the City of La Quinta, the Association shall be responsible for the maintaining of the present drainage system including, but not limited to the drywells, storm drains, water wells and private waterlines. The Association shall keep such drainage systems in operable condition and shall not otherwise divert the flow of water from the drainage system established by the Declarant. Section 11.07: Limitation on Construction. No Person other than the Association, or its duly authorized agents, shall construct, reconstruct, refinish, alter or maintain any Improve- ment upon, or shall make or create any excavation or fill upon, or shall change the natural or existing drainage of or shall des- troy or remove any trees, shrubs or other vegetation from the Common Area. ARTICLE XII MAINTENANCE OF THE PROPERITES The Association shall be responsible for the maintenance of the Common Area, parkway areas, and any other areas -described in Article XI above, and enforcement of the Covenants. The Board of Directors shall levy and assess against all Owners for maintenance, upkeep, taxes, insurance, and other charges for maintaining and operating the Common Area, parkway areas, and other areas described in Article XI, in accordance with the terms of this Declaration and the Bylaws. ARTICLE XIII FUNDS AND ASSESSMENTS Section 13.01: Operating Fund. The Board shall establish an operating fund for the Association into which shall be deposited all monies paid to the Association, and from which disbursements shall be made in performing the function of the Association under the Covenants. Funds of the Association must be solely for purposes related to those areas and improvements owned by the Association or subject by this Declaration to maintenance and assessments. Section 13.02: Adoption of Budget. At least sixty (60) days prior to the commencement of each fiscal year, the Board shall prepare and adopt a budget for the Association reflecting the gross estimate of the expenses to be incurred by the Association during such fiscal year in performing its functions under the Covenants (including a reasonable provision for contingencies and replacements). There shall be subtracted from such gross estimate of expenses an amount equal to the anticipated balance (exclusive of any reserves which the Board may establish) in the operating fund at the start of such fiscal year which is attributable to regular and special assessments for the preceding fiscal year. The net estimate of expenses so determined shall be assessed to all Owners of Lots then within the Properties constituting the development (including developer) by dividing the net estimate of expenses by the total number of such Lots then within the development (including those, if any, which may then be owned by the developer) and assessing the resulting amount to the Owner of each and such Lots (includ- ing developer insofar as it or they then have or retain ownership of any such Lots providing that the assessment as to any Lots owned by the developer shall not become effective until recordation of a notice of completion of a residence tract, and the developer shall not be liable for payment of any monthly installments of the assessment falling due prior to such recordation). Section 13.03: Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment shall be per Lot. A. From and after January 1 of the year immediately following the conveyance of the first Lot to an Owner, the maximum annual assessment may be increased each year not more than twenty percent (20%) above the maximum assessment for the previous year. B. From and after January 1 of the year immediately following the conveyance.of the first Lot to an Owner, the maximum annual assessment may be increased above twenty percent (20%) by the vote or written assent of fifty-one percent (51%) of each class of Members. C. The Board may fix the annual assessment at an amount not in excess of the maximum. Section 13.04: Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital Improvement upon the Common Area, including fixtures and personal property related thereto; provided that any such assessment shall have the vote or written assent of fifty-one percent (51%) of each class of Members. Section 13.05: General Special Assessment. Every general special assessment shall be levied upon the. same basis as that prescribed for levying regular assessments. Section 13.06: Special Assessments to Reimburse the Association. The above provisions with respect to the special assessments do not apply in the case where a special assessment against a Member is a remedy utilized by the governing body to reimburse the Association for costs incurred in bringing the Member and his subdivision interest in compliance with the provisions of the Bylaws of the Association of these Covenants. Section 13.07: Regular Assessments Against Subdivision Interest. Regular assessments against the subdivision interests in a phase of this multiphase subdivision shall commence on the first day of the month following the closing of the first such sale of a Lot in that phase. Section 13.08: Notice of Quorum for any Action Authorized Under Sections 13.03 and 13.04. Any action authorized under Sections 13.03 shall be taken at a meeting called for that pur- pose, written notice of which shall be sent to all Members not less than thirty (30) days nor less than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting but such vote is less that the requisite fifty-one percent (51%) of each class of Members, Members who were not present in person or by proxy may give their assent in writing, provided the same is obtained by the appropriate officer of the Association no later than thirty (30) days from the date of such meeting. Section 13.09: Payment of Assessments. All assess- ments shall be due and payable to the Association by the assessed Owners (including developer) during the fiscal year in equal monthly installments, on or before the first day of each month, or in such other manner as the Board may designate in its sole and absolute discretion. Section 13.10: Late Charges and Interest. If any installment of an assessment, whether Regular or Special, assessed to any Owner is not paid within thirty (30) days it is due, the Owner may be required by the Board to pay a late charge of Ten Dollars ($10.00) or five percent (5%) of the full Assessment, whichever is greater. Any Assessment not paid within thirty EPA (30) days after the due date of such installment shall bear interest from the due date of such installment at the annual percentage rate of ten percent (10a). Section 13.11: Obligations of Developer and Owner. No Owner of any Lot (including developer) may avoid any of the duties or liabilities imposed on him by the Covenants through nonuse of any Common Area or recreational areas within the development or by abandonment of such a Lot. Upon the recorda- tion of the transfer of title to such Lot to a new Owner, the transferring Owner (including developer) shall not be liable for any installments of assessments levied with respect to such Lot falling due.after the date of recordation of such a transfer, and he shall not thereafter enjoy any of the rights, privileges or immunities of the Owner of such Lot under the Covenants; pro- vided, however, the recordation of such a transfer shall not relieve the transferring Owner (including developer) of the obligation to pay any and all installments of assessments levied with respect to such Lot falling due prior to the date of such recordation. If, and to the extent developer then owns any Lots within the development, developer hereby agrees to pay the Association any and all assessments which may be levied by the Board against developer, pursuant to the Bylaws and this Declara- tion, with respect to each and every Lot within the development then owned by the developer. No Owner shall be personally liable for any assessment levied prior to the date of recordation of the transfer of title to such Owner. The transfer of title to any Lot shall not affect the liability of such lot to lien under Section 13.11 below. Section 13.12: Enforcement of Assessments. Each assessment levied hereunder shall be a separate, distinct and personal debt and obligation of the Owner or Owners against whom the same is assessed (including developer). In the event of a delinquency in payment of any such assessment, and in addition to any other remedies herein or by law provided, the Board may enforce each such obligation, on behalf of the Association, by either or both of the following procedures: A. The Board may cause an action at law to be commenced and maintained in the name of the Association in any court of competent jurisdiction, including but not limited to an action in a small claims court, to.enforce each such assessment obliga- tion. Any judgment rendered in any such action shall include the amount of the delinquency, together with interest thereon at the'rate often percent (100) per annum from the date of delinquency, court costs, and reasonable attorneys" fees in such amount as the court may adjudge against the delin- quent Owner (including developer). B. There is hereby created the right to a claim of lien, with power of sale, on each and every In r Lot within the Properties constituting the development to secure payment to the Association of any and all assessments levied against any and all Owners of such Lots (including developer) under the Covenants, toge- ther with interest thereon at the rate of ten percent (10%) per annum from the date of delinquency, and all costs of collection which may be paid or incurred by the Association in connection therewith, including reasonable attorneys' fees. At any time within ninety (90) days after the occurrence of any default in the payment of any such assessment, the Board may make a written demand for payment to the defaulting Owner (including developer) on behalf of the Association. Said demand shall state the date, nature of and amount of the delinquency. Each default shall constitute a separate basis for lien or a claim of lien, - but any number of defaults may be included within a single claim of lien. If such delinquency is not paid within ten (10) days after delivery of such demand, the Board may elect to file such a claim of lien on behalf of the Association against the Lot of the defaulting Owner (including developer). Such a claim of lien shall be executed and acknowledged by any officer of the Association, or the manager and shall contain substantially the following information: (1) The name of the default- ing Owner. (2) The legal description and street address of the Lot against which claim of lien is made. (3) The nature of the delinquency. (4) The total amount claimed to be due and owing for the amount of the delinquency, interest thereon, . collection costs, and reasonable attorneys' fees (with any proper offset allowed). (5) That the claim of lien is made by the Association pursuant to these Covenants. (6) That a lien is claimed against said Lot in an amount equal to the amount of the stated delinquency, interest thereon, collection costs and reasonable attorneys' fees. -27- Upon recordation of a duly executed original or copy of such a claim of lien, the lien claimed therein shall immediately attach and become effective in favor of the Association, subject only to the limitations hereinafter set forth. Such a lien shall have a priority over all liens created subsequent to the recordation of the claim of lien thereof, except only liens for real property taxes on any Lot, assessments on any Lot in favor of any municipal or other governmental assessing unit, and the lien of those Trust Deeds which are specifically described in Section 13.15 below. Any such lien may be foreclosed by appropriate action in court or in the manner provided by law for the foreclosure of a Trust Deed with power of sale, as set forth in Division III, Part 4, Title XIV, Chapter 2 of the Civil Code of the State of California, as the same may be amended from time to time. In the event such foreclosure is by action in court, court costs, expenses of sale, and reasonable attorneys' fees shall be allowed to the extent permitted by law, in addition to all other amounts secured by said lien. In the event the foreclosure is in the manner provided by law, the foreclosure of a Trust Deed., under power of sale, the Association shall be entitled to bid thereon for the Lot at the foreclosure sale and to hold, lease, mortgage and convey the same; otherwise, the Association shall be entitled to receive, out of the proceeds of the sale, all amounts secured by said lien, together with all expenses of collection and sale, and reasonable attorneys' fees. Section 13.13: No Lien for Certain Charges and Assessments. A monetary penalty imposed by the Association as a disciplinary measure for failure of a Member to comply with the Declaration, the Bylaws, or the Association Rules or as a means of reimbursing the Association for costs incurred by it in the repair of damage to Common Areas and facilities for which the Member was allegedly responsible, or in bringing the Member and his subdivision interest into compliance with the Declaration, the Bylaws, or the Association Rules shall not be treated as an Assessment which may become a lien against the Members subdivision interest enforceable by a sale of that interest in accordance with the provisions of Sections 2924, 2924(b) and 2924.(c) of the Civil Code of the State of California. The foregoing provisions of this Section 13.13 shall not apply to charges imposed against an Owner consisting of reasonable late penalties for delinquent assessments, charges to reimburse the Association for the loss of interest and for costs reasonably incurred (including attorney's fees) in its efforts to collect delinquent assessments. Further, the foregoing shall not act to inhibit or impair any other legal'or equitable remedy the Association may have in enforcing such penalty or charge. Section 13.14: Assessment Certificate. A certificate executed under penalty of perjury by any two (2) members of the Board and acknowledged shall be conclusive upon the Association and the Owners in favor of any and all Persons who rely thereon in good faith as to the matters therein contained, and any Owner (including developer) shall be entitled to such a certificate setting forth the amount of any due and unpaid assessments with respect to his Lot (or the fact that all assessments due are paid if such is the case) within ten (10) days after the demand therefor and upon payment of a reasonable fee, not to exceed Ten Dollars ($10.00), which may be fixed by the Board. Section 13.15: Subordination to Certain Trust Deeds (Subordination). None of the rights, or rights to claim a lien or liens created hereunder upon any Lot, and no breach of any of the provisions of the Covenants, nor the enforcement of any of the provisions of this~.Article XIII, shall defeat or render invalid the lien of any holder of any indebtedness, or the renewal, extension, or refinancing there- of, made in good faith and for value, and secured by any recorded Trust Deed upon such Lot, and the liens created hereby upon any Lot shall be subject and subordinate thereto; provided that immediately after any power of sale or court foreclosure of any such Trust Deed by sale of such Lot, the Covenants shall be binding upon and effective against any Owner (including developer) whose title is derived through such a trustee's sale or court foreclosure and a new claim of lien, with power of sale shall automatically be created on such Lot under Section 13.12-B hereof, without further action on the part of the Association, to secure payment of any and all assess- ments levied hereunder, after the date of such trustee's sale or court foreclosure. Section 13.16: Amendment. No Amendment of Article XIII hereof shall affect, in any way, the rights of the holder of any such Trust Deed recorded prior to recordation of such amendment who does not join in the execution hereof. Section 13.17: Subdivider as Owner. The subdivider or his successor in interest, if any, is an Owner subject to the payment of regular and special assessment against sub- division interests which he owns; provided, however, that subdivider and any other Owner of a subdivision interest which does not include a structural Improvement for human occupancy is exempted by this Section from the payment of that portion of any assessment which is for the purpose of deferring expenses and reserves directly attributable to the existence and the use of the structural Improvement. Such exemption includes, but is not necessarily limited to: A. Roof replacements; B. Exterior maintenance; C. Walkway and carport lighting; D. Refuse disposal; -29- E. Cable television; and F. Domestic water supplied to living units. Any such exemption from the payment of assessment shall be in effect only until a Notice of Completion of the structural Improvement has been recorded or until one hundred twenty (120) days after the issuance of a building permit for the structural Improvement, whatever occurs first. ARTICLE XIV BOND OBLIGATIONS OF THE DECLARANT Section 14.01: Bond Obligations for Common Area Improvements. If the Common Area Improvements which are included in the subdivision offering of each phase of this subdivision have not been completed prior to the issuance of the public report for that phase of the subdivision, the Declarant shall obtain a bond or other arrangement (here- inafter "Bond") to secure his performance to complete the Improvements. The Association shall be the obligee under such Bond. The Association shall have the following powers and duties concerning the above -mentioned Bond. A. The Board of Directors of the Association shall be directed to consider and vote on the question of action by the Association to enforce the obligations under the Bond with respect to any Improvement for which a Notice of Completion has not been filed within sixty (60) days after the completion date specified for that Improvement in the planned Construction Statement appended to the bond. If the Association has given an extension in writing -for the completion of any Common Area Improvement, the Board of Directors shall be directed to consider and vote on the aforesaid question if a Notice of Completion has not been Filed within thirty (30) days after the expiration of the extension. B. Upon the petition signed by Members representing not less than five percent (50) of the Class A voting power of the Association, said special meeting shall be required to be held not less than thirty-five (35) days nor more than forty-five (45) days after the receipt of the Board of Directors of said petition. The special meeting of the Members shall be for the purpose of voting to override a decision by the governing Board not to initiate action to enforce the obligations under the bond or on the failure of the governing body to consider and vote on the question. -30- C. A vote of a majority of the voting power of the Association residing in Members other than the subdivider to take action to enforce the obligation under the Bond shall be deemed to be the decision of the Association and the Board of Directors shall thereafter implement the decision by initiating and pursuing appropriate action in the name of the Association. Section 14.02: Bond to Assure Operation and Maintenance Fund for Common Areas and Common Facilities. The Declarant shall post a surety bond or deposit fund for the fulfillment of his obligation as an Owner of'subdivision interests; or the Declarant may present an alternative arrangement satisfactory to the Commissioner of Real Estate to secure the fulfillment of his obligations to the Association as an Owner. Said bond or deposit shall be in an amount equal to the anticipated cost to own, operate and maintain the Common Area and facilities and to provide common services and reserves for a period of six (6) months. It shall be delivered to a neutral escrow depository acceptable to the Commissioner along with instructions to the depository signed by the subdivider and on behalf of the Association which shall provide as follows: A. The bond or deposit shall remain available to pay any assessments for which the subdivider is liable and delinquent until the depository has received written notice from the subdivider that eighty percent (80%) of the interests in the subdivision phase have been sold and closed, and written notice.from the Association that the subdivider is not delinquent in the payment of the assessments for which he is obligated. B. In the event of a dispute between the subdivider and the Association with respect to the question of satisfaction of the conditions for exoneration of release of this security, the issue or issues shall, at the request of either party, be submitted to arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association before an arbitrator selected from the panels of arbitrators of said Association. The fee, if payable to the Association to initiate the arbitration shall be remitted by the subdivider; provided, however, that the cost of arbitration shall ultimately be borne as determined by the arbitrator under the afore- said rules. -31- ARTICLE XV BREACH Section 15.01: Right of Enforcement. Breach of -any of the Covenants contained in this Declaration and the con- tinuation of any such breach may be enjoined, abated or remedied by appropriate legal proceedings by any Owner, by the Association or the successors in interest of the Association. Section 15.02: Violations and Nuisance. The result of every act or omission whereby any of the Covenants contained in this Declaration are violated in whole or -in part is hereby declared to be and constitutes a nuisance, and every remedy allowed by law or equity against a nuisance either public or private, shall be exercised by any Owner, by the Association or its successors in interest. Section 15.03: Remedies Cumulative. The remedies herein provided for breach of the Covenants contained in this Declaration shall be deemed cumulative, and none of such remedies shall be deemed exclusive. Section 15.04: Nonwaiver. The failure of the Association to enforce any of the Covenants contained in this Declaration shall not constitute a waiver of the right to enforce the same thereafter. Section 15.05: Mortgage Protection. A breach of the Covenants contained in this Declaration shall not affect or impair the.lien or charge of any bona fide mortgage or Deed of Trust made in good faith and for value on any Lot or the Improvements thereon; provided, however, that any subsequent Owner of such property shall be bound by said Covenants, whether such Owner's title was acquired by fore- closure in a trustee's sale or otherwise. Section 15.06: Discipline of Members. The Board of Directors have the authority to impose reasonable monetary penalties, temporary suspension of Owner's rights as a Member of the Association, not to exceed thirty (30) days for each violation, or other appropriate disciplinary procedures that may from time to time be adopted by the Association for the failure to comply with the governing instruments, provided that the accused is given notice and the opportunity to be heard by the Board of Directors with respect to the alleged violations before decision to impose discipline is reached, and the Board satisfies the minimum requirements of Section 7341 of the California Corporations Code. The Association, however, does not have the power to cause a forfeiture or abridgement of an Owner's rights to full use and enjoyment of his individually owned subdivision interest on account of a failure by the Owner to comply with -32- the provisions of the Articles of Incorporation of the Association, the Bylaws of the Association, or the Covenants, or of duly enacted rules of operation for the Common Area and facilities, except where the loss or forfeiture is a result of the judgment of a court or a decision arising out of arbitration or on account of a foreclosure or sale under the power of sale for failure of an Owner to pay assessments levied by the Association. ARTICLE XVI NOTICES In each instance in which notice is to be given to the Owner of a Lot, the same shall be in writing and may be delivered personally, in which case personal delivery of such notice to one (1) or two (2) or more Co -Owners of a Lot, or to any general partner of a partnership owning such a Lot, shall be deemed delivery to all of the Co -Owners or to the partnership, as the case may be, and personal delivery of the notice to any officer or agent for the service of process of a corporation owning such Lot shall be deemed delivery to the corporation or such notice may be delivered by United States mail, certified or registered, postage prepaid, return receipt requested, addressed to the Owner of such Lot at the most recent address furnished by such Owner in writing for the purpose of giving notice, or if no such address shall have been furnished, then to the street address of such Lot, and any notice so deposited in the mail within Riverside County, California, shall be deemed delivered seventy-two (72) hours after such deposit. Any notice to be given to the Association may be delivered personally to any Member of the Board, or delivered in such other manner as may be authorized by the Association. Any notice to be given to the Association shall be delivered by the United States mail, certified or registered, postage prepaid, return receipt requested, and any notice so deposited in the mail within Riverside County, California, shall be deemed delivered seventy- two (72) hours after such deposit. ARTICLE XVII ADDED PROPERTY Section 17.01: Annexation by Association. Except as stated in Section 17.02, below, additional Lots and Common Area may be annexed to the Properties with the consent of at least two-thirds (2/3) majority of the voting power of the Owners, excluding the voting power of the Declarant. -33- Section 17.02: Annexation by Declarant. If, within three (3) years of the date the original issuance of the most recently issued Subdivision Public Report for a phase of the development, the Declarant should develop additional lands within the area described in Exhibit "G", which is attached hereto and by this reference made a part hereof, such additional lands may be annexed to the Properties without the assent of the Class A Members and be made subject to the Declaration and thereby become subject to the juris- diction of the Association; provided, however, that the development of the additional lands described in this Section shall be in accordance with a general plan submitted to the California Department of Real Estate with the processing papers for Tract No. 13640. Detailed plans for the develop- ment of additional lands must be submitted to the California Department of Real Estate prior to such development of additional lands. If the California Department of Real Estate determines that such detailed plans are not in accordance with the general plan on file and so advises the Association and the Declarant, the annexation of the addi- tional lands must be in accordance with Section 17.01 above. Prior to a conveyance to individual purchasers of any improved Lot within a portion of the Properties described on Exhibit "G" attached hereto and annexed pursuant to this Section, a fee simple title to the Common Area within said portion of said real property shall be conveyed to the Association, free and clear of any and all encumbrances and liens, except current real property taxes, which taxes shall be prorated to the date of transfer, and all easements, covenants, conditions and restrictions as described herein- after in Section 17.03 of this Article, covering said real property described on Exhibit "G" hereto, shall be executed and recorded by the Owner of such real property. Section 17.03: Procedure. The additions authorized under the foregoing Sections shall be made by filing of record a supplementary Declaration of Covenants, Conditions and Restrictions, or similar instrument, with respect to the additional property which shall extend the plan of this Declaration to such property. Such supplementary Declarations contemplated above may contain such complementary additions and modifications to the Covenants, Conditions and Restriction contained in this Declaration as may be necessary to reflect the different character, if any, of the added property as are not inconsistent with the plan of this Declaration. In no event, however, shall any such supplementary Declaration, merger or consolidation, revoke, modify or add to the Covenants, established by this Declaration, within the existing Properties, except as hereinafter otherwise provided. The recordation of said supplementary Declaration shall constitute and effectuate the.annexation of the said real property described therein, -34- making said real property subject to this Declaration and subject to the functions, powers and jurisdiction of the Association, and thereafter all of the Owners of Lots in said real property subject to this Declaration and subject to the functions, powers and jurisdiction of the Association, and thereafter all of the Owners of Lots in said real property shall automatically be Members of the Association. ARTICLE XVIII SEVERABILITY Should any of the Covenants contained in this Declaration be void or be or become unenforceable in law or in equity, the remaining portions of this Declaration shall, nevertheless, be and remain in full force and effect. ARTICLE XIX MISCELLANEOUS Section 19.01: Consent of County of Riverside. The provisions set forth in this Article XIX shall control any amendment to this Declaration, subject, however, to the condition that the County of Riverside shall have the power to veto any amendment to this Declaration and to veto or void any written agreement purporting to terminate this Declaration or any of the Covenants herein, if, in the opinion of the County, such amendment or written agreement would be detrimental to or have an adverse effect upon the complete and proper maintenance of the Common Area. No . amendment or written agreement purporting to terminate this Declaration or any of the Covenants herein shall take effect until thirty (30) days following written notice thereof to the County of Riverside in order to afford the County the opportunity to exercise its veto. If no veto has been exercised by the County within fifteen (15) days of the receipt of written notice of such amendment or written agreement, said amendment or written agreement shall thereafter become effective. Section 19.02: Term. This Declaration and the covenants herein contained shall be in effect until December 31, 2033, and shall be automatically extended for successive periods of ten (10) years unless within six (6) months prior to the expiration of the initial term -or any ten (10) year renewal period a written agreement executed by the then record Owners of more than three -fourths (3/4) of the Lots shall be .placed on record in the office of the County Recorder -35- of the County of Riverside by the terms of which agreement the effectiveness of this Declaration is terminated or the Covenants herein contained are extinguished in whole or in part as to all or any part of the property then subject thereto. Section 19.03: Amendment. This Declaration may be amended by the vote or written consent of Members rep- resenting not less than fifty-one percent (51%) of the voting power of each class of Members of the Association. If any one (1) class of membership exists at the time and amendment is proposed, then it must be approved by not less than fifty-one percent (510) of the voting power of the Association, which shall include at least a majority of the votes residing in Members other than Declarant. Notwithstanding any contrary provision in this Section, the percentage of the voting power necessary to amend a specific clause -or provision of this Declaration shall not be less than the percentage of affirmative votes prescribed for an action to be taken under that clause or provision. Section 19.04: Destruction or Extensive Damage to the Common Area. In the event that the Common Area subject to this Declaration is totally or substantially damaged or destroyed, the repair, reconstruction, or disposition of the Common Area shall be as provided by an agreement approved by Owners representing more than fifty percent (50%) of the voting power of the Owners. The use and disposition of insurance proceeds payable to the Association in the event of such destruction or damage shall be as determined by a majority of the voting power of the Owners. Section 19.05: Attorneys Fees. Any judgment rendered in any action or proceeding hereunder shall include a sum for attorneys' fees in such amount as the Court may deem reasonable, in favor of the prevailing party, as well as the amount of delinquent payment (if applicable), interest thereon, late charges (if any) and costs. Section 19.06: Conflicts. In case of any conflict between this Declaration and the Articles of Incorporation or Bylaws of the Association, this Declaration shall control. -36- IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has set its hand and seal this day of , 1983. LAGUNA.DE LA PAZ, LTD., a California limited partnership. BY: M. B. JOHNSON PROPERTIES, a California Corporation, general partner. By: MERVIN B. JOHNSON, President. By: ROBERT C. AMY, Secretary. -37- ACKNOWLEDGMENT STATE OF CALIFORNIA ss. COUNTY OF On this day of 19 , before me, the undersigned, a Notary Public in and for said State, personally appeared MERVIN B. JOHNSON, known to me to be President of, and ROBERT C.. AMY, known to me to -be Secretary of M. B. JOHNSON PROPERTIES, a California corporation, said Corporation being known to me to be the General Partner of LAGUNA DE LA PAZ, LTD., a California limited partnership, the Partnership that executed the within instrument, and acknowledged to me that such Corporation executed the same as such General Partner and that such Partnership executed the same. (seal) WITNESS my hand and official seal. Notary Public CEO 7 ST , .` j1 72 33 14 i 3S i io 1 17 14 ; 39 4D ,%• d /e TR. /31040- 9 7 B ' 9 4ovu _ „\a 1119 ?n �_L ! allo42, �• V/97A 7/ER2A /o I NA -- cs...\ 1 L/ If io 31 l�q..:. (12 // /? /3 Sl b \ I Al\��E fCOR/SjA1\ ,.13� i s7 �.� fa 71 a 3/ i .. � 8� _ , f9 • ..43., i3 j E1% /a" I 31 I fG I 14 A 34 2 �35 i4 3S. ��� j /4 1f t 3G I , tb ` 1 14 ;i 1 40 Gl ' 41 Gf • Ld bf I ` 44� 13 to 1f 2 i1 36 /5ti` - -- '� 34 -I I 1f i Iff �� f 11 fS iJ i9 1 r ! /Z 1 q f0 .a Ii , iao I ( 26 f If4 4 49 4d raj 11 /1 32 ; 1 I- �- - /Y - 4!. , ,IC i d . as ' 43 at 31 p + L- - 5f %; fl 149 46 l0 9 to 8 I 7 L 3090I 19 I Mj _ 11�, 773 T . `.. . of 44 dl 49 49 fD 5/ 19 / •r�, 134, i 4\ /9 ; 9 i 116 — �`j• . 2 I 3 / 51 so 18 ♦ 1 6B ,ti t d4 . 17 16' 15 74 ?0 i. ,.B / ' l�• \. j 1 NER�AOS<I 9 0 PA BED TARAZO S3 11f ?Z 11 �� y 7 56 .. 1 5 14 2f _ j LAXE OVER r b Y 1 I1 I it 13 20 I l/ 41 - G4 67 68 _ ff SPILL NORMAL LAKE EDGE 69 M , 71 10 -� d/ 64 72•17 40 W GO f9 fB I 21Ilk 9 r.r., .. .,p ,1...�- 2/ .'�` \'• �< /3 y i1 r j... 1B 14 I S �11 f `� 1(/4 / 0 .,I.�... � / 1 38 i t9 �7 . 6 41 15 I 3 `. \ OE / T B �e _� /7 /!a 1jrr A Q3 d 44 I t� NOp l , I 50 ............. >� 4C_ J ...11 /G ' /71 19 ....1D iS 4\�• 41 4f /G i l6 f Z /� 9' /0/ /1 9 / 14 /T 121 D !B' 4P 1 ao.NI 39 47 /8 2) 2 /f JAI to �7 � /� 8 ' 1 f 4.8j� 3 r 139 40 i dl 1 _ 3� 37 ''�� h _ :' YR--131� lrrr I : 14 3L 49 ?D f0 1 49 4B 9 tt ; Ai 1 47 i 145 -'Zk B ZI 13 ( 0, ?2 4 • . : Y! i ,o /, 3S I . _L_ p —70 1 d gdv Sa , r T T- ?7'r I 3L i \`r't, L� t '/o4i /3d40 f k- y I ` y G 1 3l 30 19 ZB Z1 ?4 ?f 14 \.. ''`" _ G d: f! ( .� 42 3/ 30 1191 , a 7 - �.• K.. Z L EGENO v APPROXIMATE AREA OF WATER PoND/NG WITHIN GREENBELT COMMON AREA DURING HEAVY RA/N. • TYPICAL ORYWELL 70 BE MA/NTA/NEO BY HOMEOWNERS ASSOC. — -- - TYPICAL 57'0R1WDRAIN UNDERGROUND MAE M BE MA/NTA/NEO BY AomEOWNERS A550C. 0 TYPICAL 5717R4-f0RAI1V CAML•h' BASIN 70 BE MAINTA/NED BY HOMEOWNER5 ASSOC. NOTE SEE 4PP1401/ED ORAOING & PLOr PLAN, STREET & 6rORM DRAIN IMPROIDWENr PLANS ON FILE W/rN THE CITY OF LA OU/NTA FOR FINAL Z"RONS OF CATCH BASINS, WELLS X STORM ORAIN PIPES. 9 PR/VAT•E WELL TO PILL LAKE TO BEMA/N- EXHIBIT TAINED BY HOMEOWNERS ASSOC. ........... PRIVATE WATER MAIN FROM WELLS 7.0 TRACT NO. 13640 LAKE TO Be- MANTA/NED BY HOMEOWNERS WATER PONOINO AREAS, STORM DRAIN Assoc. SY6TEM AND WATER WELL 10CATIONS MAP. PREPARED BY: Plann one •np Enprneerrnq S—e7mp IIiu n 1 try (714) 612.1090 Il ; i ne e r i g 401 S MAIN STREET ervic..es, Inc. POMONA, CA. 91766 SCALE / '_- 40' TRACT NO. 13640 - 7 I+IiIVC •a:af;ri! I51,':: •.4' A ,",9ThlN 111' PARCEL .' OF rnit('I:I, ?LAP ?10- J I'LIS. 1`I:R 1>1A;' !t LiUIIUCD I:d bJIIA 61., PA,:I::: 26 A:JD 27 UY PARCIA. MAPi'v p}h ITP: +ri IP COT`:TY }'I:in RIW!: OI' tii.11? iUUIJ9'v, LOCATED .I:J tiE("I'IVN tl, ^, R: F15111 i' S S,II 'i'll, RA\GII ; TABLE _ —.---AREA AO✓_O/N/_N_G TRACT ACREAGE 40-2 -"13640-3 ---- - - 0.411 -- — 13640- 4 ---- 0.290 /3640 --_- - —--0-192---- - _-" TOTAL------ 1.171 U INDICATES PARKWAY MAINTENANCE AREA Ao 1� N 00. 13640 �p9 �� t RAc, `4 2 �P 1 E15EAIHOWER I SEE SHEET Z SEE SHEET 3 T 5EE SHEET � I SEE SHEET INDEX MAP SCALE'/"=200' /0 89 °0 d'51 "E 93.00' 9 8 h B , h6q 2zPi H'iRI`• - 01 92 23' i 09 Sg7'33'G'I ^.- 01 .•A 0 - aJ - \ 61�13 (RJ �' -1y2 ° L Nj2 223 _ o c 95 C 6 AY o p '7E•T %� � y \ O ts �p e 2N'^o ,j1n a c 49 ! V11`49j1 R F. 136po -3 T �0 1RPG SHEET 5 NB9•'3 09' 57 63' S5 46 55 79 53 46' 'Q //35' N89°0851"E 10925' N Nd9°08'51'E 9410' 3 COMMON AREA LOT 76 JR 22 m ;+ NE 7- AC O 455 V 10 �11 .169 C8.5/"E 9410' 090 ,v0°08'5l E /� ,y �4 O ryv I 93 30' 90 33' ,y� 3. 4p 32'6 m19 o Yam\ t . /,. ,: �2 l6 / tl 21 J i s \. E '37'Z7C o^. N 37-'E 'Y 93°30.5/ ^p 'Pq ,. 0 / BO N 558 4 81 )57,55..W 1(6d .55 ds 30 j04 L:19 1•- 1756 .a 6 969 40 11 I QI0 20 = ° 95��. /' 3 •a 6,5 B;ZOp �, R.IBd6 5B :r 2 1 .-26�543 D,21, (p51 I(FCC)` J.- A\36°32•39 L y, o I G 150 .12 Bs4 a <�O LOT o �, ayBoO. (:14d 85 oG '.�Iz .Y I� `9 m ; a-3800*.. s q�-t 3 28 m y1V s�„_�II`` D-22g5 g3' IQ 2 m a• 1� 91 u�53.16 d5' DL:13 ' I /ylb 1% 16, J3." I= 1' 650° 259 422.90, 36j 44 67 29°41 33 NeZ-,6'45"E L.425. 3B. R`2p50 N R.2o62' E�SENN0WE J 3.o N - o AREA A9✓0/1V1N6 TRACT NO 19640-7 2 0.117 4CRE5 a, I I / 1 R/w� W Z ICE Of CURB h DRIVE W — • ... s w ,..a. . _ . 11 I / ,rn A.4 4,411,411 *rV •sc'°tE/�sv© IN THE CITY OF LA QUINTA, COUNTY SNEETZ dr7-eWEETs°_�. OF RIVERSIDE, STATE OF CALIFORNIA. EXHIBIT //6 of ° °° 60 TRACT N0: 13 64 0 - 6 ADO/T/ONAPARKWAY MAINTENANCE BE/A/6 A -W&O 510N OFA -Mer7" 4' A Arf -4 ? OF ~i::EL AAAP W. /3975 AS PER MAP RECORDED /A/ 8CUC 692. PA6E5 ZG A40 Z7 OF AqPLEL AAAf''r . /At THE OFF/fi AF 7w cawrr r--w&Dre. do "o amalm Lcr-4rw Al .SEC T/GV 37/ L =i25 3G' 7ZIWA/SN/P 3. SIX/rR.'PAMSe 7 EAST: S.MM. "/GS C'9J/7/' PM M'ALLACE RCF Z7366 MARCH, /963 COMMUN rr EN6weeR/N6 SERY/CES, IMC B' \`���_ �f4C1_SEE AT LEFT l ti5 G• /0 !o 56 0 pp l\ �p•' 1 .' .� � I je fir., Z� •' 1� 3 �.h°j� � � � �' � N v' a •• • SCALf I'•10 / / / d, A�A�,.� ./ �a44eq �N W 3 �.. : �; �• � a^ ah ' db- 4'' � '�'�•. .pyq �� ,�M1 •.7s• �r�y , 366 vo m °' a\'�� �Ir1 /p ,p• l•���7 R/70 �•` � P / `\ \ -�P-C�i t OOI N77'36'43 "E ( m K `Pa r-� c �� 0� s�J -fi\ `a i 9 2 . 1Lv��CPJ '•4 '^•� � we7'4ob0E o 0 ! 9p pD , tv y b Q6 97' O h 1riP D • h �00 y� ti D Ir 6 T1P�.?[�L - �, ' �0 D/ '�• df nz'20'00 v (RAO)— vNJI� I •� ,�'I Q� / Ij9•d �S- ��,N'po •'1 'r '// G `•ii v N62•l3'/O'W(PCC) p' v/ vs o u SEE .IT R/6/Lr ati 1� GeV ! . o-y�s+ 5 P� o o�yb v M13e f rt 1 yam` q, ^ 0 4/ ' , P qtP, o iti D�,,r or C4I-Ze' Sth VQLY1- P R•t3 •�G 34 � 9 m" 3 o IP c A�•?Im' A77 39 �1 Ems. 2 p' (qM1 ;13„• / t 0 �'� V 'W e� Iq s.. a�g� ice• Ash\ 38 �-�i,�. �\ ,q�' ` -f � �1' ( i�� 6 Ty, 3•$ •Ei ,S'd.' A'd3^AICf �\� C N 3537 ew jr 36 LOT 56 ACeE A.L-T 34 \' �. /� � � \•x �• h 4N `QJ 'L-OGLMOA/ A,QEit" , Q • v .U695G 4/f l,q• 4 Q' 0 � � \\ � �j� 9,•L " � v 54 �� 53 52 se7•zlgf- '� I `t\/ o s'Y $ O 33 & 4 -taut jy5 D• .•y,c �d e, <':y,"t s7?O' J3Bo _.__3e SJ.__ - __ _ �_ 14.4 ,uey S64i2- N u.{MiSlgO-1 31D 3B 7 au/e�wa I` I a`1ryy`,ioT9E(PJ 32 /a c• !. Lor A (64'3.JCE l�P/✓4lP SrPEET� i'e,x,m' � P � -off ''�'•�' 0 / aq 31 5 * a %1� .fib'L•/fe9 � 'na c \ o. ��i, nl4 1p 4 � �°v � 4 �.i429 e 28 os 27 T. pO �,� oIQI�4'Ja��\�o.n •P. ar�`�q�e�.�, LiI t^� �''n *� ° ZN t °N �'" iirf°b�e• �N �, p, �: �o9s!_sy�s a,v' ttes 5�m �� !.�$.. 3 H �. 2 nq 2 P/ A. ti� N x j 7 A•a°" /9/ 5 r 1: ► C-` o• ' 0 /�f N 10'OZ'17"W 3 �' ' .f/A5 S6a'/E S► G_ .iCG _— N003"i9'W Z5.00' RIµ' 77395 14 09ii9 %L� 6'i7'3L•'/74 5 er` R=2050 -_r . L- 2B738 R=2062' L = 289.06' NB9 °56'4/ "E 409.6/' h G= g°0I'S5" FgCE OF CURB ARjFA ADJOINING M.46r Iva =� W OPJI'E /3640 - 6 O. /92 ACRES M W 8 E/SE/VHOWEP W le, i0 r soei IeOtifiT —y- L•ZBp39' -— �ivEJ'.XoC/E /97B/7f e'/?i�l -� ,v9• 1 e'B'O/.53` iD3/s iP4J.iG [.s 3256 iL=P e,z°n le _ PMB a '2G 17, f[✓Sn. 2 591/ D1A05 SMF-ff L ezveA t-- —e -lvzr4 //ESYiLA emezer COMMON! TY 5205 CANYON CRESr OR. A^ A 0 .0- P 4 1 f' r- r% T A / /` 4(// r/- 9 5? 20 .40 go IN THE CITY OF LA QUINTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. TRACT NO. 13640 - 6 BE/M5 A -<0901111510A1 OF A P0.2r10,V OF dMZCEL z a- AXeCEL M,4A, AV 13975 A IS PFIE AfA,- R6601ME0 IAI BCV< 61C., PAGES 2C- AVZ7 27 a-,94,CClCt MAPS. IA/ THE OFFICE A. 7NE COVAlry R5C0AZcLg 4, _,_4/0 gn&/wrpl Wr-4rCO X -',Icr/,OA/ —W, MMAISHIP -T sourH ' )FAVOE 7 EAST. S. ZY. AA.PM WALLACE RC 27366 MARCH, 1383 COMMUNITY EMCINtERING MRVICtS, INC -93 20 A 21 0.5 ,e9'56 dl"e 9Z.39' 22 f_4 FOR 17 F 65 If,A "R PLIRPOS W 7 -9E67S EXI-1151T ADDITIONAL PARKWAY MAINTENANCE 23 26 2 5 24 AREA APJOININ6 rl?Acr Ivo. '910" R AREA t 13640 22 0.161 ACRES .-A5 7 CDT 60 /? Z.... 19 9 - -Oximolv 4R-A/w AC. 48 Qj 0, -z: "89'56'41"E ?3g 409-67----� H89*56'41"E 593.81' IV89-5641-f N89 '56'41"L' 583-81' Ui FACE OF CURB V) Z IS��NMOW,�-R Ole 4 J -------- fD 'rP 0;% 02 mr- Si Wgl jOC12V 0 O�A'A L Y Pe? P '�'R S 6r�li6 27 6,3,'26 27 COMM(INIrY 5225 C41MON CREST m .--. . . .. 11 1 .1 1 \1 I PAIr, 1,419icP 1AIr. 5(//rE 252, SCA;E� /'=40 4G3 1C4 IlaU60 IF, N IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF RIVERSIDE , STATE OF CALIFORNIA eVAM2 A SYBVIYISIOAI OF A PORTIOAl 0� AkIRCEL 2 0- oRtRCEZ- MAP A" / 3 D 75 AS FrX MAP REGARDED IAI BOOK 6 r- , PAGES M AND 27 6- )9WCEL MAPS , AV 7NE 0,-P/ CC OF nvE c%wry eFcqRcER OF svo e-wvrr, L,7cArEL7 tA, _,;Eer10A1 -W, 7VR1At5N10 -5- SOUTH, RA416E 7 EAST, J.B.M. SI'IZZ-T 4 Of 7.51'1,97S EXH1,917- ADDIrIONAL PARKWAY MAINTENANCE A 4ale 4956 14 13 21 v 12 ,d:5w 0. 20-,j J It u. 16 17 */Y 9 10 —, � ¢ (/ f -"'- w -,) - — r vtx /��hs�5��, Af 3 I . LOT A9 V, 4 1Y V 7 6 . r5 & 71 A..16 0 � 9'5.9 0 .0 -- N89*56'41 � / FACE OF AREA 4o,1,4ceNr 7,0 rR4cr NO. SAN Yle,-ArrE 13640-2 0.161 ACRES 583.81' IV89 *56'41 "E 'ge "ISEA44161iflFR' 19)eIlle, 19;7gl7 ) —y & M 906.62' 4j R to AREA ADJACENT ro TR4cr No. 13040-3 0.411 ACRES I I -[ COMMUNITY 5 005 C,4111 rO,4/ CRL'57 OR. SCALE I 1'& 40' IN THE CITY OF LAQUINTA, COUNTY smurr 5 OF 7 SHEETS OF RIVERSIDE, STATE OF CALIFORNIA EXHIBIT F o Z�OOa 0,441111170",41- PARKWAY f I bidlgJ IcTMAINTENANCE 111-1% • N 11. NI W7. -I VAR, I I I A%il ;'Ak( V IN' il I "A.' ;111, W: AM) All'. It I 'N :IlA; 1,% '"-A ,i s .14 '.� : �' . f I "W'S IN 1111 lilt[ 1-11 RON -T .%I!- .,,All!) P: ';I. !W% 1'. Ill, RANI I IAA I It. 11. tu in 7 v6 14 0 0" FACE OF cVR8 d:119438=4457 L=103.35- t� �0 *23'00 W 417.36' I I " LL, R1W 4=1*16,11 9=4445 A � "' ateJt 27 23nn 25 22 24 'n 2 OilO h a^ 26 IZI > 27 20 IP 42 43 44 L J A % • 29 4 _'N' lik 45 It L 1M. 40 30 LOT 53 46 17 "COMMON AR&A" w A, -P, 'IQ 39 31 47 116 6 OW 32 48 38 37 ey.. 49 33 38 14 kj. 34, ri 34 14 4 elf 13 A kea"35 h. 12 LOT 52 COMMON AREA 36 I tiF ' I V�'J 4V%j.% , %,e 4&�, -;� - L.' 40 4", "a4lAlq 77 Ve 3 17 jo 'o Po SEE SHEET 4 COMMUNITY 5225 C41MO/Y CREST OR. �:3e,AI-E ,W = 40' y ;SHEET 6 OF 7 SHf.-E I IN THE CITY LA QUINTA, COUNTY OF R VERSIDE ,OSTATE OF CALIFORNIA �XHIBIT� M@t7 SZ(ge@ O ADDM� NTENAANc wAY BEING A SUBDIVISION OF 4 PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO, 13975. AS PER MAP RECORDED IN BOOK 66. PAGES 26 AND 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN SEC.31,T SS ,R 7E., S 9 M. .�A' ,. .' :�...� ... :.: •,.,:. i•M1./::.1 ,'/ ENu'h /A.Y .:"4'V-<f� :A't� E A AD✓O/N/NG TRACTNO.40 - 4 — 0. 290 ACRE5 ST.PEET ' W n FACE OF CURB � I --- IV O 23 00 W 1052.24' v) - -No° 23'00'W 1052.20' ` 'NS"�Y33' p I,/ - %: �'�: -.•`••� fRAV ,,i ;L i �K V 0` 1 f1a ib •% �. 12 o0' to13 Lor 69 K 0.T�`J� , 9 a /,92 NET 4CRE5 s / . �•• '� COMMON AREA" 14 V1 27 1 S 7 p , is 26n ; 28LOT 70 T. y eso7 24 47 eliG' U, Qry 17 �? o , "COMMO AREA" N. :ram , . .• sxs �, 0 .5 p� I rPc� t'•'-'.-:�.s �' u •° +a" a V C II I 30 ip31-1 r • o \� .' -J J� S` �J5Ft 6 (� ; 4 L:%.`4 '� `�..-;;r ' .�. .': .,rn •/ - ' '� 3I Ilt, I! �t 4g 1!w vet a t y,i. 22 19 20 `., 3 „ f ,sy J:z,�n=' i •.7 ' �'v a' y Y y'" aoe • '`; .F/ "" w 1�' , X,.` �4 t.1C " I �� �2'.N G ei qt• � �E'�1 ^: u. ,.: j I' ':i e. r: :.,, � ��a. ® 0� t� J� +, , `e•u^ emu' S �* a ,ice LOT 68 j /`s' '� "COMMON ARE �." ' Q,, f Q' ; v. G4lU,vq ''mac,• I _ .. / •..3 .. ra _ A:�A:' .e"fit " .,.'�•'- � � •, 6• ✓'• atl'. - �✓RB ''-P-4.•r�- 10 3640.2'' - Sc 1 Z=7 �— GCUMmwI TY 52 25 CANYON CRES r OR SCALE: W = 40 SHEET 7 OF 7 SHEETS IN THE CITY LA OF RIVERSIDE ,OESTA OUINTAOF CAL, COUNTY IFORNIA EXH151T � y DITIOMAL Ir u M0,9 O ALMA/NMUNCE ��Y BEING A SUBDIVISION OF A PORTION OF PARCEL 1 AND PARCEL 2 OF PARCEL MAP NO, 13975, AS PER MAP RECORDED IN BOOK 66, PAGES 26 AND 27 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, IN SEC. 31, T. 5S.,R.7E.,S.BM. PM WALLACE, RCE Z7366 OCTOBER, 1992 COMMUNITY EN6/1vEER/NG SCR✓,ces, /NC. CD Z": P f TAG, [ S 3258, N CO.A'C, FLUSN, Pf.R FM S. 66/26-77 o� AREA ADJOINING TRACT NO. \¢ �y,4, y//NGTOrV �T,PEET / 13640-4 0.290 ACRES fi o..e co PGf?7 i v N a fACE OF CURB N O'23 00 "W 1052. j24' Ww N00 1n W .F4.,,L! S7".. J': :: )052.-2 N 1�. 978I' _,'� \P R/W ' \i 5906'J LLJ a'" T, soG B�.[•/,p I/' p9 LPs2( A0 or' e•9a,i-_ "a .P> :'.�\ !I —_ b 24T Nr F0F °' u Te-[JfVf drd�S LOT 72 �n Z N 9b JB ,y' 12' wER vBNPp5f5 �\ a� o 'COMMON AREA' 5E , e•\ W` a ` i� rl.R.f LF • A,'1E5 43 ° 44 tv°� R`.,I 1•�JR 3 42 �r� a o'� I `v "�`v �' 45 P 0` .cT �,p• \•On � 1 I �' U� tI� � $I �u 4 � �,p p a-- I r c u f ate.,.= ,_ ? �3i 6 � 9" \ 8 � �II � dg \�1v/4 � $ a11wV 1� � �- s• i i '•�r,.'n4di �` S:cP 41 ti a LC4 �1� ,s' �, a 46 r� r?e /Fur � ,ate. � p5 %/ •' 1' L'N . J'9i it e.Of d•/r74" /-- ,ig. £IJ 95' d/l:u l/' �iie yhD II acce.9w ask' ifro' � � /'•• � I n '� 6`, �0 4' A/. a'03'/! •ItW �� � /9?0o a. " `Ls G� !0' m I �o ' 6�r6pJE 40 ,9� n FG' s�r9 ^ 0SI Ali k` y 8 tr 47 �I 6°d �[ t•t,•H' �, duwRrt5ts4 'M1 67 66 V// 39 .vo•a�:9 fv � � 9,e9 � � ` "'� � � V 7' 1's - ra fc' D' 20.4: I✓ �, ♦ ` 48 T ` I ` •s l' yo 64 il/c4'/Z'PG'/✓/�I �pp n, e'a 9POP' 'UIca'.S ✓G' I \ K „� ti V :� ( I \ ' J im`0e�`� vona:•�sv/oea�' h� Ih S ` ,/O'o9i9�ii a0 I I h 4 oa v w Q��� I$ g so• E I m ysceosf D9,� D'p ♦: 4/c' ` 9i25' � � ,� �' aQ y�� , � gNI I � /kdo/'-.- _ C D `'.• p� 8 N 1+` .UD'OJ %9'W 954/ D 38 Ire- vvN d) %h�Ne.2C •OJ'W d791: h m r °g7avvpEe.";� 49 63 �bo, Qj R W h i''o te�5-•.l. I Q j� M �.�. `' �, LOT 71 ,'$ 4 TR/ vea3%9!✓ _ iV ,✓e0i V .V3'd7'?4 !'1/ �1:xy' O (tl 1 N ll•f7�d3'w� `V ` 1� ti� 'V `� 3 ,4C. 'NE TI ; 9✓G5 •�'. ',�C F6'� N 1 _ QA01 `1 .n: F�'���A� `+ 1--e•Puf \M1\j 'Va •`J5j••✓_/•tia° Qae� i. �t7 vas > V1 'COMMON AREA �> 62 L �o a `\� �� e'1�50 �$0 11 1 I% >'oo 1 11� ;q��•.;l'r Q 0 ✓,�� due' �1 `'szR'��"�2)•a• PR4'j/"e!f �3% V 1 ° I•R� W T, N'/'!O '/c^..W vv �l J" IG IV a: /0.43 �pJ•��i,. „_I � � 95.M _•//-� �'1 V DI .!N9'yl£4%V uY/./S � N//�� --. 1 0 Q S•.d'• 0 h Q7•or �v �-- p� 09;'9w �� ti. wi —D w /3a � 2 +" 36 hn�/6: /G ,{!937 P4H 4W/61 1 1v O'a;l 11 I i \ 1 -� o ,; 2s l�%` `y 1� g �p � & �•°° 7.es�j`�- � � pd'I � ee r2!•;✓ v� v 1 I ' \ Nw � 58 59 �+ A/3��24wj5 N�03/9 /t 1 976G .N• �'1 � � N � ,� e•/%5 Y?• ,� e' er',•. he, Q a yQT• Q L•/o/e ,vr evu7'° !�8 �I �' A6 T.ee. ,o� �► 35 n+°' 60���n^tiR 0"4� tiC .V. s!2✓E" J .'6 ?/ a(�97'� 7�4J Zd �L/EL'1 :9P "� 1 F' iY,y{ ' e•�"FC Z!'� n _ .1 _ :3K49 .f=5%9'4S• ' • �' a r 2,50rr 10 ��� ti 2�C� � \ •v �f� Q� 1 P' 0 �A:v n w e• 5' 9 F e•es�s3'�:u�s/' e• asv� �s3, I /esoJ Y• 6eeo' .circa' ., C',�,.,,n � 6 �Q_ � � � 4 • 34 e•9�/ns uoir s.v E•ev539r wiis/i / D'I �1Q c�a, / o p 1 1 "E i5v� W, N V-e.eGG'7/2 .`'O' N'ss! e•%.G" !, / i � ��r-s6,,�. •� •7 N� IID '!�.g e•A• [!•x'S5"1 i \C•3r 27_I d°�;��� ' e, ` H,0 - 4 1 �•= szsa' 'n�`' :�9 h rT.;_ `4'mM; d�[•96 /e' - rreeoJi�c•-- � .� .ir SO P7E%ro 5e 0:4II �V a.\A of I !_�' :��i5$I \�, oiyhal 8•; 53 a / 4 I .f o.s,R I �'`IVI V, ��, g•.Iss:*qE °j $b4Vl �!+y \�i 44:1 moo. \� �!P / 54 t C. I ,p I' 1 v• h. W 33 a $II QQ u LOT 72� W ,a �I 5 �h .56 'COMMON ARIA 12y aR�y/1 ,�/r=G4 No,,��tn �1oti:o9 ��l s6�: e:5'sz:�d• •s�.ero' IZs2' o•e/, a5' m, ,: ? d� i� a -k ��\�i �/ Mst d• :2�' a .vo�ss-saw �, ��,-:y • � '''.g \ /A,d,f�!9,�2./9'E __ _ ..,v- ._ _ e./✓x'ss:. ,7iRB� � � [.Ice/ 32 v _ ^ e�'3 fYa eie' C•+rGYrG'49"-P•/GN2' �o 0`�* 'i �''":b- '�'� 1D,•,P. i ,,yyes NT�f 39. j/�STi4i13d/' LOT 74 .. �.�APivorE./ �.4�7U/i/.Q .9/9 t'2 sv .�?�/','�```�� qD Z `3Z'e:9aJ--e:15 •m L' _ C-c'r,bb"s3' - _ 4 6T•+ `` �� �• j4/ • _ c= Tf3 re' ./-�: � s • _ W .: e so•.� �, 'o fs • ve. c. n7 -/p "K / p)do" w%' g,8 ab'Db" 2By R• 7fe' c• a7se �- 3 ht P I �.- • a r�DDn,Z vyti • `s� \ ;,� R' 31� cI lr, u � v� ,J �p.T ''•,�0%�C ,.rat y1'd'� b;4 �, z e Z ��� �If ly LEAD746. R C E Z7366. !/•r •O D' i g000 (epo) a, IN TOP OF CUPS PER TR. NO. /3640.2 VIV I, ;7-7 ~I4 I 0 ZO 40 BD COMMUNITY 5ee5 CANYON CREST OR. F— A / /'+ F R F F• I— /•'1! Z A ♦ /' S / // 7-L- 911;9 SCALE: IN THE CITY OF LAQUINTA, COUNTY swEr 1 of / SHEETS 15 ,.� (�, (� OF RIVERSIDE, STATE OF CALIFORNIA BEING A SUBDIVISION OF A PORTION OF PARCEL 2 OF PARCEL MAP NO. 13975,AS PER MAP RECORDED IN BOOK 66, PAGES 26 AND 27 OF PARCEL MAPS, IN THE OFFICE OF THE r : COUNTY RECORDER OF SAID COUNTY, LOCATED IN SECTION 31, ` TOWNSHIP 5 SOUTH, RANGE 7 EAST, S. B.M ��'\� �W% PM. WAUACE, RCE. 17566 OCrVO /9s2 COMM(/N/7Y EN6/NEE.P/N6 SE.CV/CE5, /NC. �i% I1�11 34, p5„ a = /7411, 9 to 7490 !}i ,05' .I � I" /O'EA.YEMENT FOe ISTORtf O.Pq/N PURPoSES OETA/L A" P ��,Bq / h I lW 6 1�m Q p 1wCASF-&ENT PZW SMMA1 DRAIA/ PURALW65 O "hfl �I 2 16a' Oya DI��s ppo $ � F�,4B��, ,•,t�f�6 •��,, ��/BCY!' A , ��.. ` �, 4% rvRl yA fE) L , 79B 4 , .3 t°p 7 0Q '4�, pB ��;I➢� 5p 4p.43_— T -- " L P�� (17 /' cc QsrpNT.pre 1 0 �� 5'3� •rs'+,� � �\V a V JO /'v B9^-Gq/. 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"COMMON AREA' P ZI3 T ,. 26 -3 0Y 27 20 7v kP Q) 28"1 zI 42 . 14 P A e,& 43 4 A -A 41 k pot 29 ;ic175 N 45 40 A' 0 0 LOT 53 b 46 It a, A 4F "N, -�"COMMON ARCA"rom elf m, 31 39 4 S 47 X 16 W, :A, 32 48 V 37 15 V aK f 3. 49 33 J 14 00 34 1.3 35 12 IV 11 LOT 52 V COMMON AREA #4 -- - Z. 1�i, ..I Am 114, t 3 ,lD 3 ZA, jl v 7-7 SCALE 5E,- SHEET I OF 2 0 20 40 80 LEGEND ---- ------ 01 ... IlvigIcArEs 5 Wloc F1,9E PRorECr1oV C,49,c1Wx7Nr TO ADJqcF1y7- LOT F, -of) E:-] ... INOIL-,47-,,5 lo'wlpz- 5ro,?A-1 9,?,41N -,4.5,-m,-N7- ... 11vq1C47-c5 o'wioF Poazlc UTILITY EASEMENTj?e..3