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Res 2015-05 TM 13008 The Summit Drainage Channels and Easements
CITY OF PALM D SFW'' PUBLIC WORKS DEPARTMENT STAFF REPORT REQUEST: ADOPT RESOLUTION 2015-05 ACCEPTING AND REJECTING CERTAIN OFFERS OF DEDICATION WITHIN THE MAP OF TRACT 13008 (THE SUMMIT) SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works DATE: November 13, 2014 CONTENTS: Resolution Exhibits "A" and "A-1" Accepted Dedications Exhibits "B" and "B-1" Rejected Dedication Record Map Vicinity Map Recommendation Waive further reading and adopt Resolution No. accepting and rejecting certain offers of dedication within the map of Tract 13008 (The Summit). Background In March 2014, Public Works staff was contacted by a couple who are residents in The Summit area regarding the drainage channel and related easements in backyards in The Summit. Their claim and concern was that the unmaintained backyard channel near their property caused water from the severe August 2013 storm to enter their driveway and garage. They also want the City to maintain the channel in perpetuity because the recorded subdivision map for The Summit contains an offer of dedication to the City of Palm Desert of easements for storm drain purposes at the locations where the channel exists. Unfortunately, in the map of Tract 13008, which recorded in 1979, all offers of dedications to the City of Palm Desert for the streets and drainage easements were not specifically accepted or rejected by the City as required by the California Government Code, and there is no indication that the City accepted the easements by separate action or document at any time after the map recorded. The Director of Public Works visited the site and met the resident couple on July 9, 2014, and observed that much of the backyard channel has been significantly compromised by the homeowners through the installation of various landscape improvements and other obstructions. Significant debris was also seen in the channel such as garden clippings and trash. In the Resolution No. 2015-05 Staff Report Resolution Accepting and Rejecting Dedications on Tract 13008 Page 3 of 3 November 13, 2014 Director's opinion, there is very little chance of any flood damage to any home as the channel exists today, and there was no evidence of erosion that would have existed if water had flowed from the channel to the aforementioned couple's garage. The channel was most likely designed and installed to protect the homes that directly abut the channel, which was prior to the upstream development of the Canyons at Bighorn that adjoins the southerly boundary of The Summit. The Canyons at Bighorn project included a significant storm drain system that was designed to retain storm water on - site for a 100-year storm, and also provides protection to The Summit. For that reason, the Director's opinion is that The Summit channel is of very little use and unlikely to convey significant storm flows. Current and former Public Works staff have been consulted and only two occasions have been identified when City staff performed emergency storm response, damage assessment, and clean up in the 35 years that the backyard channel has been in existence. On the other hand, City crews have routinely maintained the streets in The Summit and the adjoining catch basins in the streets, and the downstream under sidewalk drains (for water draining off of the streets) since the streets were originally constructed. Because the channel provides only limited protection to the abutting homes, and no protection to other property, it provides no benefit to the public. The City Attorney has weighed in on this subject and concurs with the Director of Public Works that the backyard channel easement dedication should be rejected. Other reasons for the rejection are the difficulty in accessing the entire length of the channel due to its location in 22 separate backyards, the compromised nature of the facility due to property owner actions, and the additional manpower and time to routinely maintain this channel. Therefore, staff recommends that Council accept the dedication made in Tract 13008 of all streets, and four outlet easements for storm drain purposes over Lots 16, 25, 30, 131, and 153 as shown on said map; but reject the dedication of the eight -foot wide backyard easements to the City of Palm Desert for storm drain purposes. Also, as a matter of compromising with The Summit homeowners, staff recommends accepting the dedication of the two side yard easements for storm drain purposes shown over Lots 89 and 99 on said map. The easements are accessed easier because they adjoin public streets. Acceptance of the easements means that City crews will maintain the improvements within those easements on a regular schedule, in perpetuity, or until the City and The Summit agree that City maintenance will cease. Government Code Section 65402 requires, in part, that the Planning Commission report to City Council that the subject rejection conforms to the adopted General Plan. At their meeting of October 7, 2014, the Planning Commission, by minute motion, determined that the subject rejection does conform to the General Plan. Resolution No. 2015-05 Staff Report Resolution Accepting and Rejecting Dedications on Tract 13008 Page 3 of 3 November 13, 2014 At the City Council meeting of October 9, 2014, said Council adopted Resolution No. 2014-82 setting a public hearing for November 13, 2014, to consider accepting and rejecting certain offers of dedication within the map of Tract 13008. Staff requests that the attached Resolution be adopted for the subject acceptance and rejection of the map dedications as indicated therein. Fiscal Analysis There is no fiscal impact associated with this action. Prepared By: Q Page Garner, L.S. Senior Engineer/City Surveyor ()dzlz #,,—, Paul S. d6son, Director of Finance Approval: n M. Wohlmuth, City Manager PG/bl De Mark Grpe ood, P.E., Director of Public Works RESOLUTION NO. 2015-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ACCEPTING AND REJECTING CERTAIN OFFERS OF DEDICATION WITHIN THE MAP OF TRACT NO. 13008 (THE SUMMIT) M.B. 106/24-30, RIV. CO. REC., UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 3 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA. The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER AND RESOLVE as follows: WHEREAS, the subject acceptance of dedication is made pursuant to California Government Code Section 66477.2, and the rejection of dedication is made pursuant to the requirements of the California Streets and Highways Code, Division 9, Part 3, Chapter 3; and WHEREAS, the City Council on the 91h day of October 2014 initiated proceedings to accept and reject certain offers of dedication more particularly described in Exhibits "A", "A-1" "B", and "B-1" attached hereto, and the City Council finds that said notices of such vacation were published and posted, as required by law; and WHEREAS, the City Council on the 13th day of November 2014 held a public hearing as required by law, at which hearing all persons interested in or objecting to the proposed acceptance and rejection of said offers of dedication were heard, and said public hearing was duly and regularly closed; and WHEREAS, the City Council of the City of Palm Desert considered such matter and finds from the evidence submitted that the offer of dedication described in and shown on Exhibits "B" and "B-1 ", attached hereto and made a part hereof, are unnecessary for present or prospective public purposes, is private in nature and access thereto by City maintenance personnel is prohibitive and impractical. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: Section 1: That the offer of dedications described/listed and shown in attached Exhibits "A" and "A-1" are hereby accepted; and Section 2: That the offer of dedication described and shown in attached Exhibits "B" and "B-1" is hereby rejected; and RESOLUTION NO. 2015-05 Section 3: That the City Clerk of the City of Palm Desert, California, shall cause a certified copy of this resolution and order to be recorded in the office of the County Recorder of Riverside County, California. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 13th day of November 2014 by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: Van G. Tanner, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Resolution No. 2015-05 EXHIBIT A Tract 13008 Accepted Dedications All highways and streets as shown on Tract 13008, as per map filed in Book 106, Pages 24-30 of Maps in the office of the County Recorder of Riverside County, California. Specifically: Highway 74 (shown as Pines to Palms Highway) Homestead Road Crestview Drive Sundown Lane Opal Drive (shown as Ocotillo Drive) Desert View Drive (shown as Skyview Lane) Sun Valley Lane Theodora Lane (shown as Rimview Lane) Summit View Drive Mesa View Drive Greenbriar Lane Valley View Drive Spyglass Lane Olympic Drive North View Drive Shady View Drive Quail Hollow Drive And, The 8 feet wide easement for storm drain purposes as shown over Lot 16 of said map. The 15 feet wide easements for storm drain purposes as shown over Lots 25, 30, 131, and 153 of said map. The 14 feet wide easements for storm drain purposes as shown over Lots 89 and 99 of said map. Resolution No. 2015-05 tLowEROR I INDIAN HILLS WAY O SUNDOWN LN 0 0 0 0 s r A �y L� SUN VALLEY LN s a NEODORA LN EODORA LN C g� GREENBRIAR LN ING KNOLLOR O wa u PNYON DR 5� ANDS� a 0 a W O V r � p a SPYGLASS LN i a Z Z m JbR ►- [D rm B B A DAMS RD e T ~ B A CDC A i 2 B m m e m a� r � A R MID m I —RE A r B°a WHITE DR 2 e A e �I j' ~ al[D MESA Z 0 A i H x o m LN 2 A mS S 0 QUAIL HOLLOW DR O Zf 2 M Z 5 � C A The Summit Tract 13008 Accepted Dedications Exhibit A-1 o VICINITY MAP Resolution No. 2015-05 ANU : Tract 13008 Rejected Dedication The 8 feet wide easement for storm drain purposes as shown over Lots 79, 80, 81, 82, 83, 84, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 101, 102, 103 and 104 of Tract 13008 as per map filed in Book 106, Pages 24-30 of Maps in the office of the County Recorder of Riverside County, California. solution No. 2015-05 P, 0A 1,01" tLOwSVOR INDIAN HILLS WAY 0 0 C SUNDOWN LN O� s r O A W C>q SUN VALLEY LN 09 O A )WEODORA LN EODORA LN .F7 GREENBRIAR LN ING KNOLL DR6yFi/ OW `PNyON DR s ANDRO O > c w a z 0 SPYGLASS LN a A m O A m z L-d._1�_J__I �--IJL._J_I < O A DAMS RD L.J m e R A e e y MM < °A R W m m� A r A MALAR m e A AUID GRASS- < O A n WHITE DR Z Q MESA VIEW DR Z O A z A g < !N A A 2 ) A QUAIL HOLLOW DR 2 o ) A = i F k k 5 � A < A � X °a x The Summit Tract 13008 Rejected Dedication Exhibit B-1 ° VICINITY MAP Resolution NO. 2015-05 D M ` n 0 ti 3 ION • m r r Tmiti C tt+ o•n� m.a9l . = m n • m��i 'Av DA HS�IaoC O m YNarsrsa >w1111>InAM G inn n I�TunG.-r..AMlnnm su _ .ci Mo�emy3� ten. vNi: ��'.^am -A_iMwfn..S c• z= _ • ccl= z. prp S •=Y_ C'=r"ny A1• v. _ .• A f r" C Y N A � r O r Mla � -T ErC i n�a T.i tin -C i� TCST '- - N v - m n�A==a c3TIg ! iv '•$ nyy_ Illy^.O + w-' ^, - .� _c Azm Aa 1 Qom-.>_ <p.= CnZAf^- Y'_4j$-x a A�- r • ��a�p$pp Vo FF asp VD • O Ryg an� 2 Resolution No. 2015-05 fi wea�a c 6�YC f11 � w rvi•36'37•w �3Yvvg' c/C^--- ��.9�3Vw i9905M1 �f. .g; r. 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CO. REC., UNDER PROVISIONS OF DIVISION 9, PART 3, CHAPTER 3 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND FIXING A TIME AND PLACE FOR HEARING ALL PERSONS INTERESTED IN OR OBJECTING TO THE PROPOSED ACCEPTANCE AND REJECTION OF THE MAP DEDICATION The City Council of the City of Palm Desert, California, does hereby DETERMINE, ORDER AND RESOLVE as follows: 1. That it intends to, and by this resolution does, initiate proceedings under the provisions of Division 9, Part 3, Chapter 3 of the Streets and Highways Code, to accept the dedications as described/listed and shown in Exhibits A and A-1, and reject the dedication as described and shown in Exhibit B and B-1; and II. That the hour of 4:00 p.m. on the 13th day of November 2014 in the Council Chamber, 73-510 Fred Waring Drive, Palm Desert, California, is hereby fixed as the time and place of hearing all persons interested in or objecting to the proposed acceptance and rejection of said map dedications; and III. That the City Clerk is hereby directed to publish a notice of said hearing in The Desert Sun, a newspaper of general circulation, circulated in the City of Palm Desert, California, twice, the first date of publication being two (2) weeks before the date of the hearing, and the City officials of the City of Palm Desert are hereby instructed to post notice of such map dedication rejections, as required by law, at least two (2) weeks before the day set for the hearing. PASSED, APPROVED AND ADOPTED at a regular meeting of the Palm Desert City Council held on this 9th day of October, 2014, by the following vote, to wit: AYES: BENSON, HARNIK, SPIEGEL, WEBER, and TANNER NOES: NONE ABSENT: NONE ABSTAIN: NONE Van G. Tanner, Mayor ATTEST: RACHELLE D. KLASSEN, City Clerk City of Palm Desert, California Sanchez, Gloria From: Moeller, Charlene <CMOELLER@palmspri.gannett.com> Sent: Thursday, October 16, 2014 1:50 PM To: Sanchez, Gloria Subject: RE: legal Notice - Res 2014-82 PH 11/13/2014 - T13008 The Summit HI Gloria Ad received and will publish can date(s) requested. Charlene Moeller I Media Sales Legal Notice Coordinator The Desert Sun Media Group 750 N. Gene Autry Trail, Palm Springs, CA 92262 t 760.778.4578 I f 760.778.4731 legalsic'�i.thedesertsun.com / dpwlegals@thedesertsun.com The Coachella Valley's #1 Source in News & Advertising! www.DesertSun.com I twitter • ;.,t...,,,,-� facebook ti; 1 This email and any files transmitted with it are confidential and intended for the individual to whom they are addressed. If you have received this email in error, please notify the sender and delete the message from your system From: Rsanchez@cityofpalmdesert.or[mailto:gsanchez@cityofpalmdesert.org] Sent: Thursday, October 16, 2014 12:38 PM To: Email, TDS-Legals Cc: blongman@cityofpalmdesert.org; pgarner@cityofpalmdesert.org Subject: legal Notice - Res 2014-82 PH 11/13/2014 - T13008 The Summit Hi, Charlene! PLEASE PUBLISH THE FOLLOWING: NOTICE OF PUBLIC HEARING Resolution No. 2014-82 - Initiating Proceedings to Accept and Reject Certain Offers of Dedication Within the Map of Tract No. 13008 (The Summit) M.B. 106/24-30, Riv. Co. Rec., Under Provisions of Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, and Fixing a Time and Place for Hearing all Persons Interested in or Objectin to the Proposed Acceptance and Rejection of the Map Dedication. TWICE IN THE DESERT SUN Thursday, October 30, 2014 Thursday, November 6, 2014 This publication includes four (4) exhibits; the PDF has two. If you have any questions or require additional information, please call me. Thank you and enjoy the rest of your day; tomorrow FRIDAYP Me shaMly oppose the My of PWm Desert's proposal to abandon any Of As drainage easements in.The SurrrtNt de neloprilettt. Our arrtire-Summit drainage systerfi requires the°C1ty's ongoing regularly sdieddW inspection, mainterance and repair W p&tise'fo ensure our cbritinued health and safety and the;protectlon'of our homes and families. The City of Palm .Desert should, not foist its legally mandated; maintenance and financial mobilities for the drainage system onto the Summit Association yr its homeownem. 6 �r Address:.. $;S�` 70.....��:?....1��5�✓.....:!��.....Paf!'.'?....��}.�:........ZZ..6.v........... UWe strongly oppose the Clty of Palm Desert's proposal to abandon any of its drainage easements in The StimmR development. Our entire Summit drainage system requires the City's ongoing reguiady scheduled inspection, maintenance and repair eDqmtlse to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Address: ........yl. � --�� t �W-2.vv ........... ( !........ ..................:1............. .... �..... '? �U t7 UWe strongly oppose the City of Palm Desert's proposal to ah-Wo - any of its drainage easements in The Sunurfit devsiopmerd. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, nudritenanoe and repair expertise to ensure our continued health and salety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. Address...ts". —'s....... Q;.......Q X.S=Sl :2...�R........... `.... .....: ..:....... V —Ift. • v is 4-P Ov, Ufts:Vongly oppow the City of Palm DeswVs proposal to abandon any of its drainage easements in The Sununu detrelopment. our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial mWonsibli dies for the drainage system onto the Summit Association yr its homeowners. l 1 ..... IL.:..., j.�.:� �o Address:.................................. ............1...............................!.......................................... UMIs shortgly oppose the City of PWw DeserVe propoeai m abandon any of Its drainage essemar 1 in The Sun nrit dswlop - - - I Our a the Summit drainage system rec#ires the City's ongoing regularly scheduled Inspection. maintenance and repair expertise to erra a our continued health and safety and the protection of our horses and tamfiles. The City of Palm Desert should not foist Its legally mandated maintenance and fwsancial ltx4xx cw the drainage system onto the Summit Association ar its homeonvners. Namc" LLD ri -1 E uo-�, r�-Ali aft Address. ... U..... ` "' "S� V e t.� � r c v� -PC..l M -Peso rt C'. � `i Z 16 u VWe strongly oppose the City of Palm DeswVs proposal to abandon any of Its drainage easements In The SurnmR deMekWaw tt. Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair eocpertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association -or its homeowners. -- - j�L� /, /1� C�o7� Address: ....... . /� ............................... vwe strongly oppose the City of Palm Deserts proposal to abarxiorr any of its drainage easements in The Summit deuelopmerrt. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection. maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financal responsibilities for the drainage system onto the Summit n or its homeowners. a9 � Names) )JU --- -.......................................................... ................................................. Address:.... ..................... ......................................... cu.1.. .�.. I/We strongly oppose the City of Pahn Dessrft proposal to abandon any of its drainage easements in The SUMMR do- elopmem Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair sq)erdse to ensure our continued health and safely and the protection of our homes and families. The City of Palm Desert should not foist Its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. Name(s) ..... . 4 ------ . ...... Ah-A... K-, -44 Me strongly oppose the City of Pohn Deserts proposal tD abarxlon any of Its drvkwge easements In The Surnrrrirt datieioprnenlL Our entire Summit drainage system requires the City's ongoing regWarly scheduled inspection, makiterance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. Address:.....�`Q .1.31..�rfT�l ri.......................................................................................... C-j- —%ft- VWe strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements in The Stm n* development. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise W ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and finarxlal responsibilities for the drainage system onto the Summit Association -or its homeowners. Kc Address:..... .. S .. ... �.........:Ue..aJ .. -- .LD,............... .............. VJ w, ),c Sufi , z 2-6 0 VWe strongly oppose the City of Palm Deserts proposal to abandon any of Its drafrmge easements In The Stnrerr;t t. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated matnterrance and finances responsibilities for the drainage system onto the Summit Association for its homeowners. �L. Address: ... .. ............... Me sbwrgh/ oppose the City of Palm Deserts proposal to abandon any of its drainage In The Stannic �— Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, m iaintenance and repair expertise to ensure our continued health and safety and the Protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Address:..l.2.C1.L Uwe sa q$y oppose the city of Palen Deser Vs proposal ID abandon any of its drainage easements inThe development Our entire Summit drainage system requires the C ity's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist Its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. 1344 Address%.72/0.�/--` ... ... I./J.45:5 4 I/we strongly oppose the city of Palm De®ert's proposal fo abandon any of Its drainage easements in The Swum* developmenk Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and finance responsibilities for the drainage system onto the Summit Association or its homeowners. Address:........ FZDREWE MGDe .. 72651 SUNDDWNLN........................................................................... PALA-1 DPSFRT,, CA 92260-6517 Uwe strongly oppose the CRy of Palm Dessift proposal to abandon any of its drainage easements In The S MM* development. Our entire Summit gage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. r v UWe strongly oppose the CRY of Palm Desert's proposal to abandon any of its drainage easements In The Surnnit derreiopment. Our entire Summit drainage system requires the Caity's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mwxWW maintenance and financial responsibilities for the drainage system onto the Summit Associationl6r 6 homeowners. Address:.G.,%�... ... �Zz ... v... VWe strongly oppose the City of Palm Desert's proposal to abandon any of its drairmge easements In The Stmuni development. Our entire Summit drainage system requires the Cityy's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its le ly mandated maintenance and financial responsibilities for the drainage system onto the Summit AsOociation or its homeowners. Dorothea Bisbas Address%. : ,.,,,72650 Sundown Ln. Palm Desert, ............................... Me strongly oppose the City of Palm Desert's proposal to abandon any of Its drainage easements In The Summit development. Our entire Summit dralriage system requires the C ity's ongoing regularly scheduled Inspection. maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. L Address: ................... .............. lfli� . ............ ....... ... ...... UWe strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Summit deMelopmerrt Our entire Summit drainage system requires the C Ws ongoing regularly, scheduled inspection, maintenance and repair e)(pertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its IegaOy mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. f:.3 .. ........... ') . ......... . ........ q 2z�d Uwe strongly oppose the City of Parr Desalt proposal to abandon any of Its drainage nag a - 1 1 a in The Su ranIt deweiopment. Our entire Summit drainage system requires the C Ws ongoing regulmiy scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association -or its homeowners. Address:........................ ..�.... .... ............................. i...... ..�:ZP&C)........... Uwe strorrfy oppose the City of Palm Deserts proposal to abandon any of its drainage e®sements In The Srsr nAlt detielopmerrt. Our entire Summit drainage system requires the Cityr's ongoing regularly filed inspection, maintenance and repair wertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally marKkded maintenance and financial mobilities for the drainage system onto the Summit Association or its eowners. Nar %"fQI M % C1-A< t .t Ow"NAa �A kR its Address:............................ k V,. ...... :.......................... ................................................ UVft sbwioy oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Surnmft development. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection. maintenance and repair eDq)ertise m ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association Dr its homeowners. ` Address:. .(.?:?......v.............................................Gl....;l'!...................... ..:.[1 .. Me strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easednants In The Sdnndnit development. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Name(s)..... .... � .�`. G \� l...... .�..... ........--•................ .... Address:...................................................................................................................................1...................f Uwe strongly oppose the City of Patin Deserft proposal to abandon any of Its drainage easemenKs in The Sdsnmft development. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, makiteriance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Address:................................ r............................,.........................-._... .......... .................... v --ft. UWe strongly oppose the City of Palm Desert's proposal to abandon any of its drainage easements in The Stisrun* development. Our entire Summit drainage system requires the City's ongoing regularly scheduled rnspectim. maintenance and rem eocpertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenarxre and financial responsibilities for the drainage system onto the Summit 'ration ar its Name(s)... �aLe ...kt..l.. �. � G; A� ......_......_....... �--.....� ...... ! �..�. �.iQ � :....... Address:...l..P.. LIA ...... y..l�!. ..1.4....: .ki!C=`... /.��1.'..1. :.F y... ./........9�0,� Me strongly oppose the City of Palm Desert's proposal to abandon any of its drainage easements in The Stamm* development. Our entire Summit drainage system requires the CWs Ongoing requiady scheduled inspectm, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its leg mandated maintenance and financial responsibudies for the drainage system onto the Summit Association Dr its homeowners. 0 Name(s).......... ....1�. --• f�G.. .. ..! '1??.! ............. L� �.....-�.�....................................... Address%...... ...... Me strongly oppose the City of Palm Desert's proposal to abandon arry of its drainage easements In The Sr nm* d , w elopmenL Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair eogertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association -or its homeowners. k L indcc- C— PC, /*-P7 -L)esee-t, GA 92Z(O UWe strongly oppose the City of Palm Desert's proposal to abandon any of its drainage Aag a - 0 rats in The Surrunit dennelopment. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Name(s)...................... ..S-QPCox:a...WAa Lu........ .-_.............. ..-._...........--.............................. .... Address: ... 4.a.:2,5D...Czestui.®w... e;... P-e!IIn-•i3eS*ert:'; '-.CAIr226-Q........................... . Uwe strongly oppose the My of Pain Desert's proposal to abandon any of its drainage easements In The Steranit denrebpmerrt. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair agwfise to ensure our continued health and safety and the protection of our homes d families. The City of Palm Desert should not foist Its legally mandated maintenance and fi res�ornsibiiities for the drainage system onto the Summit Association or Its homeowners. /J Name(s)........... f.................. .......--- .•---------------- .._-_.......... -... ..-........ ...... .............................. ..-- Address: ..... 72. &L/ .�..........�� L.+:��rJ. ��.........�.!�.�........ ....I.J ..l �..-:............�.:......... el" iz6c, Utilfe strongly oppose the City of Pain Desert's proposal to abandon any of its drainage easements In The Srn =* derelopnwkL Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to, ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsiWities for the drainage system onto the Summit Association nr its homeowners. 9 Address: ... 7v.l... ....... 5 VWe ugh► oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Summft development. Our entire Summit drainage system requires the City's ongoing regularly scheduled InsPection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Address: ...... �0..�...���.8.�-...........-::,%........................................................................... Uwe strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Su runt development. Our entire Summit drainage system requires the City's ongoing reguia rly scheduled inspection, maintermnce and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legaity mandated maintenance and finarK" responsibilities for the drainage system onto the Summit Association nr its homeowners. W-- I/We strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Summit development. Our entire Summit age system requires the City's ongoing regularly scheduled inspection. maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association for its homeowners. Name(s)---T,,q-t)j J-S .......................... Addr+ess:..........................................................................................}.....a.......................... I/We strongly oppose the City of Palm Deswes proposal to abandon any of Its drainage easements In The Sunw* deuielopment. Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. S r6�- ... ............................................. P Address: ... 72 ....... ......... 1: af-q.�. ( 0 1 4.1 ....... C-%,o) 568 -qs3y Gfzzo oppose the City of Pahn Deserts proposal to abandon any 9f Us drainage ease a is in The SurnnAt deeelopmerrt. Our entire Summit drayage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise W ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association ar its homeowners. Address:.........7t°.....::...... .... �...... 4N .............1..�.!..J C?...).2z?......... Me strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Suawrit daMeloprrveriL our entire summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial mobilities for the drainage system onto the Summit Association nr its homeowners. Address:....T.eI ,-.? Q....... Q_7.111.L`'.Lc1r....D.!:: ................................................ Ma strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easernents in The Simimit deuelopmernt. Our entire Summit drainage system requires the C ity's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association x)r its homeowners. - - ----- -- --- - ---------------- r-, D --------------------------- k,7 J .aAddress:.................... z. ................ VVVe strongly oppose the City of Pahn Desert's proposal to abandon any of Its drainage easements In The 8u n * dew elopm mL Our entire Summit drahaAe system requires the City's ongoing regularly scheduled kapecVtlon, maintenance and repOk eoPert>se to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. OC Jl, /1'joM nf�tc� �1A4e �, dF l ay �Mx•�U AiZ `Bv 1 " Address:........1......................... VVMe strongly oppose the City of Patin Deser ft proposal to abandon any of its drainage easements In The denreiopmerd. Our entire Summit drainage system requires the City's ongoing regularly scheduled ir>spection, riu riteriarnoe and repair expertise t D ensure our continued health and safety and the protection of our homes and famines. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association yr its homeowners. 50 �J Vie�J UWe strongly oppose the City of Palm Deseit's proposal to abandon any of Its drainage easements in The Summit development. Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise W ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Na .................-__.........................-__.•!`.".._Uis•••-6 U&V..S...../�?�4!�!tOuyt6� Address:.......,G� � D ..._...L....l•:.__-..•v�r...�_.-A-'"q................. ...�v 1/We ugly oppose the My of Patin Deserfs proposal to abarxion any of Its drainage easenvvits In The Summilt deueloprrtent. Our entire Summit d airaige system requires the City's ongoing regularly scheduled inspection, maintenance and repair OMOFtIS8 to ensure our continued health and safety and the protection of our homes and f tope . The City of Palm Desert should not foist its legally mandated maintenance and financial responsUlties for the drainage system onto the Summit Association or its homeowners. PKe _5 15>- AW,�_f Address: ...7.....`.S....f,.-...... ........... rl'.........G.. ....!.......!.`............................................................ UWft 101tranglY oppose the My of Patin Deser ft proposal to abandon arty of Hs drainage ease - 1 is In The Stvnmft deuetopmertt. Our ermine Summit drainage system requires the City's ongoing regularly scheduled inspection, makrtenanoe and repair expertise W ensure our continued health and safety and the protection of our homes and families_ The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Name(s)..............L M c c.....I,� .. �lr.---.....-•-------.._.._..._......---- •.................. Address:.._...! BAM....jzas .cv ..I•�� w..l��t4...P ..1�. J .r .C. ...24.60 ...... Me strongly oppose the City of Palm Desert's proposal to abandon any of its drainage nag eme- 1 s In The Sumadt deMeiopmerd. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families_ The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. Name(s)... [. L ...+L�LST}q Address%.1.9 Z 9 /.... SP G�iq..Ss....�':. �.....en t:M.. -..S34=7CT1....C. .. 9=&0 VWe strongly oppose the City of Palm Desert's proposal to abandon any of its drainage easements In The SwmnS deMelopmertt. Our entire Summit drakiage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the prob®ction of our homes and families. The City of Palm Desert should not foist its legally mandated makdanancs and finarx" responsibilities for the drainage system onto the Summit Association or its homeowners - Address: ..............�.�.,5 _1.............. t?t � .-.... % �.4!. ,..... .......... . VWe strongly oppose the City of Palm Deserts proposal to abandon any of its drainage easements In The Swn rdt devalopmertt. Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. Address:..��..... /.. Z, 0, 44, 6 C, .......................... L.O -•WA� UWG strongly oppose the My of Pain Deserts proposal to abandon any of its drainage ea.�ements in The Surmidt derrelopmerrt. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, makrtenancs and repair eocpertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association rn its homeowners. 4 .1...�.ey .-b C A .......IC4 C V We strongly oppose the City of Pain Deserts proposal to abandon any of its drainage easerrrents In The Sisrurrit deMetoprrrent. Our entire Summit drainage system requires the City's ongoing regularly scheduled fispection, maintenance and repair eocpertise to ensure our continued health and sefety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and finencial responsibilities for the drainage system onto the Summit Association -or its homeowners. Address: .....'.�.$.V�A... LX. ,.� �. .:`)... ..... / -----------__----------------------------- uwe strongly oppose the City of Pain Deserts proposal to abandon any of its drainage easements In The Sunw* dernelopnent Our entire Summit drakiage system requires the Cafty's ongoing regulariy scheduled inspection, mainkmance and repair wgiertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association x)r its homeowners, L Wame(s)----• �. A... a... �? � C)S 1.�... r. _t �? A.�.�.................��r? N�1..... ��.N o S Address: ..7o? SS.......0/' /-iYr £ � % eo4 9Z-2- 6c� ....................................... f........ .......... f..................... II/We strongly oppose the City of Patin Deserts proposal to abandon any of its drainage easements in The SunmmmmR derreloPment. Our entire Summit drainage, system requires the City's ongoing regularly scheduled inspection, maintenance and repair eo;ertise to ensure our continued health and safety and the protection of our homes and famllies. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association ar its homeowners. r Dao .,,,�._.vSFdl_Sf�7��/e,a Dr .f)�-D 9.�..... VVYe strongly oppose the City of Paler Deeart's proposal to abandon any of its drainage sage -0 is in The Stunmit deMelopment. Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise m ensure our continued health and safety and the protection of our homes and framllies. The City of Palm Desert should not foist its legally mandated mairdenance and financial responsibilities for the drainage system onto the Summit Association ar Its homeowners. Address: ...4 (� ..................�G✓ I �. Zoo ,C I/We strongly oppose the City of Palm Deserts proposal to abandon any of its drainage ensemnerMa In The SmuranIt deveiopmeri. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association x)r its homeowners. L./ --ft%. 1/We ugly oppOSe the City of Palm DeserNs proposal to abandon any of its drainage easements in The Sump* deMelopment. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repak expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association -or its homeowners. hat �I en - 11 i n h Addn3ss%..!. e.!.J !.. J h adm.. :�. .. !. t.....P ... �:t.u..�.. ..q 1,2 4 b............................ UV fe strongly oppose the City of Palm Desertt proposal to abandon any of its drainage easements in The Srnrwft deuebpmerrt. Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protwtion of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial respasibiittles for the drainage system onto the Summit Association nr its homeowners. V C. Address:. �C.......vh��.!......e................................................................................... VWe sbnongiy oppose the City of Palm Deserts proposal to abandon any oaf its drainage easements In The S'rmurut detieloprnerd. Our entire Summit age system requires the C ity's ongoing regularly scheduled inspection, maintenance and repair epertise to ensure our continued health and saffety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. Address: .... ....... ..z ... S ......... ............. ......... ... ..... % . ........................................ Me sborgly oppose the City of Palm Deseirt's proposal to abandon any of its drainage easements in The Summit development Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. V Address:....(.. �.��...... `-� t.c.i1 Ao u1 h Lawe- M-4 w TeSe cT- ��.......?. �" o ......................................................................... VWe strongly oppose the City of Palm Deserts proposal to abandon any of Its drainage easements in The Surm ilt development Our entire Summit drainage system requires the City's ongoing regularly scheduled Inspection, maintenance and repair expertise W ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. 112 Address:7 s�5)& � -' /'rr �� �) o`Z.c� 6 V VWe stragly oppose the City of Palm Deserts proposal to abandon any of its drainage easements in The Summit daveiopmerrt Our entire Summit drainage system requires the City-s ongoing regularly scheduled Inspection, maintenance and repel expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association -or its homeowners. Address:..... .......... .....l... L 1.......Y..... .................................... ..................... UVVe strongly oppose the City of Palm DeswVs proposal to abandovi any of its drahWe easements in The Sus mft deMeiopment. Our entire Summit drainage system requires the City's ongoing regularly scheduled 'arspection, mairdenance, and repair expertise to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association or its homeowners. C . I Address:....... ...... l'%..................... e rS err+CA "'i22-4�, � UVVe shongly oppose the City of Pain Deserft proposal to abandon any of its drainage easements in The Swm d deurelopnw& Our entire Summit drainage system requires the City's ongoing regularly scheduled inspection, maintenance and repair expertise to ensure our continued health and safety and the pwtectlonr of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association ur its homeowners. r Uwe strongly oppose the City of Patin Deserts proposal lbo abandon =W of its drainage easements in The Slumnrp development. our adh Summit drainage system requires the Cnty's ongoing regularly scheduled inspection, maintenance and repeir expertise to ensure our continued health and safety and the protection of our horses and iandnkm The City of Palm Desert should not foist its legally mandated nw*denar erne ail financial responsibilities for the drainage system onto the Summit Association or its homeowners. 7-5i ,vIdA-?-Ili Address:...................................._........................................................................................................ l�M D r C� Www �leooeae eeWsnr arrr�vAvm+e rim r7 P��•�'w� mo.ro�arn. w..aarwM�w.ew Otra 9—.*d- •erter<q�e+u:ur'3 �9 1�`.rM.rlwr�l�t1>6�u1 Ibabovad iiW �n►iebfilaa a. mOraV rnn•.ro way.,a tl�r.uaem a au k.+c ara yrra nb caa va, u-ar �.w ra Ner a. �odh •� A.w�.so• meveca a are e:�eore. orrn N VWe Won* oppose the City of Patin Deswes proposal to ab=Wbn any of its drainage easemens iin The devWopmeit Our entire Summit a system requires the City's ongoing regularly scheduled inspection, mairdenanoe and repair wg3wdseto ensure, our continued heatth and safety and the protection eCtlon of our homes and feanflles. The City of Palm Desert should not foist its legally mandamed maintenance and tinandai responsiWities for the drainage system onto the Summit Association ar its homeowners. �3!X V We sb w4y oppose the City of Palm DemVs proposal to abandon any of its drainage easements in The Sumner development. Our entire Suunmft age system requires the City's ongoing regularly scheduled inspection, mahitemnoe and repair expertise to ensure our continued health and safety and the prof wdw of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr its homeowners. ;Itiq ) Hui, ?,- A 1-7 1 & f, to(i Address: ............... 7..rL � / ..�x�(�/�ifi✓... ��V-t°..... " (J� 7.1.E � 0 .... .. 4.......................................................... Me strongly oppose the City of Palm Desert's proposal to abandon any qf its drairuige Anse menbe, In The Summitidevellopivent. Our entire Summit drainage system requires the City's ongoing regularly scheduled IFrspeCtIM, maintenance and repair eDq)ertfse to ensure our continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and finwxxal mw="ities for the drainage system onto the Summit Association -or Its homeowners. Names)..- ....._.._.......... ................................................ (- -P- )/I e Me SUWKOY oppose the City of Palm Desert's proposal to abandon any of [ts drainage easeme in The Summit develkigno t. Our entire Summit age system requires the City's ongoing regularly scheduled inspection, mainterance and repair eoPertise to ensure our Continued health and safety and the protection of our homes and families. The City of Palm Desert should not foist its legally mandated maintenance and financial responsibilities for the drainage system onto the Summit Association nr Its homeowners. Is .. zo .... Address7 Klassen, Rachelle From: Stanley, Jane Sent: Friday, November 07, 2014 11:42 AM To: Klassen, Rachelle Subject: FW: Visit to the Summit drainage channels -----Original Message ----- From: donna mandelstam [mailto:dm515@sbcglobal.net] Sent: Friday, November 07, 2014 8:07 AM To: CityhallMail Subject: Visit to the Summit drainage channels 11/6/14 Hi Mayor Tanner, We greatly appreciated your willingness to visit The Sunymit and to view the drainage channels in person. We also were willing to look at a possible compromise to present to the Board. Unfortunately, the compromise you suggested still involves the City's abandonment of its easements for the drainage channels. After you left we realized that this would leave the Summit with 22 private backyards over which we have absolutely no control. Even if the City did a "patrol" walk of the channels, whatever was found could not be enforced by the HOA. The abandonment of the easements strips the HOA all of its power with regard to the channels. Currently, if we have an obstacle in the channel, such as the foreclosure home's cuttings, we can cite them, and if they fail to act, we are able to clean it up ourselves (because it is a health and safety issue) and add it to the lien. If the City abandons the easements it leaves the homeowners with no protections whatsoever. The City has the staff, the knowledge, and the means to maintain these channels. When the obstacles are removed (and they will be) it really is not much of an addition to their current work in the Summit. Thanks again for your time. The Board and our Atty are confident that they have shown that Director Greenwood's Staff report that is the basis for this action is completely false. Letters and pictures prove that the channels do carry water, they did flood recently, water does come through the Bighorn holes and from the condos to the East, etc. The Board also said that they have never seen homeowners so galvanized around one issue: 61 protest yellow sheets, 10+ individual letters, and many pictures have been submitted. Please keep us protected, I know you want to do the right thing. Also, Director Greenwood was again misinformed when he stated that our Atty did not respond to the City's letters, she responded to both of them ........ I will also call your number to make sure that you receive this message. Donna Mandelstam 760-565-7287 1 Klassen, Rachelle From: Stanley, Jane Sent: Friday, November 07, 2014 11:41 AM To: Klassen, Rachelle; Tanner, Van; Harnik, Jan Subject: FW: Storm Channels From: C. Gerald King [mailto:cykin43Cabyahoo.com] Sent: Friday, November 07, 2014 11:06 AM To: CityhallMail Cc: Aurora Sanchez Subject: Storm Channels Honorable Mayor and Members of the City Council City of Palm Desert I own a residence at 48-601 Valley View Drive in the Summit development. We bought the home in 1997 and shortly after we moved in, we observed the storm channels weren't being very well maintained. But after a phone call to the city maintenance department, they quickly came, cleaned out the channels and have done a decent job of regular maintenance since. I am very disappointed to learn that the channels may not be maintained by the city in the future. Since the channels are an easement on my property for the city, I feel strongly they should continue to be maintained by the city. This is very important to me since we are only part time residents and depend on the city to see that large amounts of runoff don't inadvertently damage our property when we are not there. Respectfully, C Gerald King r � < =r-m v Mvm (Ax— rn 73C m y�v rn Dn rn Klassen, Rachelle From: Stanley, Jane Sent: Friday, November 07, 2014 11:41 AM To: Tanner, Van; Harnik, Jan; Greenwood, Mark; Klassen, Rachelle Subject: FW: Storm drains - Summit Neighborhood From: Laura [mailto:lbueermannCabyahoo.com] Sent: Friday, November 07, 2014 11:26 AM To: CityhallMail Subject: Storm drains - Summit Neighborhood To the Honorable Mayor and Members of the City Council City of Palm Desert I am writing regarding the status if the storm drain designed to direct run off for the benefit of all south Palm Desert residents. While it's clear that the issue of maintenance was a surprise to the City, the city appears to be relying on the fact that the drains are hidden from view running behind one small set of houses. This channel is part of the original water management plan. Out of sight should not mean "no longer our responsibility". Other storm drains, which are more visible in the city, are treated along with other public needs such as sidewalks. As we have been told over the years when attempting repairs & alterations to our homes, "ignorance of the regulations does not absolve the homeowner". Likewise, ignorance about the storm channels and years of neglect does not in any way absolve the City of its original obligation. That obligation was clearly the intent when the easement was originally required. The City is simply being arbitrary merely because we're now in a period of fiscal tightening. In fact, it makes many of the council decisions suspect. Is it simply expedient? Or did / does the Council actually fulfill its duties even if those requirements date back years before anyone's tenure? I would urge the Council to live up to the City's original demands a from the homeowners and its requirements by agreeing to include the channel in its maintenance plans. Laura & Brad Bueermarm -9 48-770 North View DR Palm Desert 760-836-3355 J rn vM 800/934-3303 x 2033 `"A- Mcnm _ N ♦I^T W >•I N m RECEIVED 11/13/2014 CITY IPALM DESERT. CA OFFICE 2914 NOV 12 AM 9: 51 Honorable Mayor Tanner and City Council Members: We are asking you to reject the City's proposal to abandon its drainage easements for the four concrete drainage channels in the Summit. If this proposal passes, The Summit HOA will be stripped of any and all authority it has over the four drainage channels. They will revert back to 22 separate concrete areas averaging 800 square feet in 22 different private backyards and the CC&Rs will not apply. The City's proposal literally eliminates any oversight or control of a vital part of our interconnected Summit drainage system. Let's talk about what will actually happen to the 22 homeowners who back up to the four drainage channels if the City of Palm Desert is allowed to abandon those easements. This is an outrageously impractical and dangerous notion. A drainage system is by definition there to protect the lives and property of the people it serves. No one's safety should be placed in jeopardy by taking a piece of the Summit drainage system and forcing nonprofessionals to monitor it, clean it , maintain and repair it. 1. All of these homes have tract maps that clearly show that the City of Palm Desert is responsible for these easements and for _the ongoing maintenance of the Summit drainage system. They see the City Public Works crew cleaning drains at the street every two months. This creates a reasonable expectation that the City is cleaning and maintaining the entire drainage system, not just skipping part of it. Whenever there was an emergency, the City was called and sent their crew to clean the channels. 2. Most of these homeowners are here only as part time vacationers. They are not even present to monitor debris that may have stopped behind their property after a storm. Some occupants are renters who turn over frequently. Many are senior citizens. Out of the blue, they would be asked to care for their portion of a concrete drainage channel some sections of which are cracked and leaking already. Would you want to live on any of these channels? 3. Some backyards have short walls or no walls abutting the drainage channel behind their homes. If their neighbor's debris blocks the channel, they will be flooded. Other homes have 6 ft walls with landscaping on top of the walls . Those homeowners don't even see the drainage channels and they don't have access to them. It is neither safe nor practical to assume they will fulfill this responsibility. 4. All of these homeowners pay the same homeowner association fees and city taxes but will be treated differently than the rest of the Summit homeowners. A new and unexpected and undeserved financial burden will be foisted upon them. 5. If two homes of equal value are for sale in the Summit and one is on a drainage channel and the owner needs to explain to every prospective buyer that the home comes with an obligation to maintain a portion of a concrete drainage ditch, which home will sell first? Which home has been de facto devalued by the City's abandonment of it's responsibility? 6. There is an abundance of law regarding easements. The City's failure to regularly maintain only the four drainage channels and one other drain while regularly maintaining the rest of the Summit drainage system (without notification to the Summit that it was doing so) violated the rights of the homeowners in the Summit and placed them in danger. The City attempted via its Staff Report to say that the drainage channels carried no water, had no further use, had little chance of flooding, and did not carry water that entered from Bighorn. Every one of these statements is false according to the attached letters and pictures from various Summit homeowners whose properties back up to the drainage channels. Homeowners have verified that the channels carry water, and serve a purpose and that water enters from Bighorn. The City's failure to maintain a drain and drainage channel caused one home to be flooded at 48721 North View Dr in the heavy rainstorm of August 2013. Also attached is a letter from a witness to that flooding and the flooding of the garage of the home next door. No one wants a repeat of that. We all want to be safe. The City needs to fulfill its legal obligations and not try to use a 35 year old clerical error (failure to note each easement as "accepted") to sidestep their responsibility. The attached letters and pictures are in addition to the 65 yellow protest responses from Summit homeowners opposing the City's recommendation to abandon its drainage channel easements. The City has the expertise, the staff, and the equipment and they are already on site in the Summit every two months. The small number of fences, etc will be removed and it will be easy to walk the full length of the channels to clean them. Please take the outpouring of homeowner protests seriously and reject the City's recommendation. Donna and Bill Mandelstam P Dradn., age diem nnsE U-611-DInd , otrms- orb No nu h Idler or in recent mod-srale-u fog A-srotembear 20,14"? Dolvednaga oehartirisl Pbeft"E'Fid, homes cy'.n., apt Ln �n, vacent Efiaodarsts res hestairm in September 2014 g Print 3/8/14, 3:55PM :lubject: Photo from Mar 8, 2014 From: Donna Mandelstam (dm515@icloud.c om) To: b193250sbcglabal.net; Date: Saturday, March 8, 2014 3:40 PM ff I about:blank Page OR Q October 10, 2014 My name is Alan Kaplan of Alan Kaplan Pool Service in Palm Desert. I have serviced and maintained pools in The Summit development for the last 30 years. I maintained the pool at 48721 North View Dr for Rasvan Buhescu and his wife for several years before they moved out of the area in Feb of 2014- The property is now in foreclosure. I was present when the clogged City of Palm Desert drainage channel behind their home and the City inlet drain on the City easements on their property overflowed in the big rainstorm of August 2013. 1 saw water pour through the backyard from the City drainage channel down the steps and into the Buhescu living room. I also saw the water run through their yard and down hill through their side yard into the garage of the Mandelstam residence at 72691 Spyglass Ln. I saw the Mandelstams shoveling mud out of the driveway and cleaning water out of the garage with brooms. 1 cleaned the mud out of the Buhescu pool, drained the pool and cleaned the pool decking following the storm. Mr Buhescu contacted Flood Tech company to clean up after the flooding but he did not hire them because the estimate was too high. I also maintain other pools on Spyglass Ln and Valley View that back up to the drainage channels. Over the years I have seen water enter the charnel from Bighorn through the 10 holes in the Summit perimeter wall behind 48721 North View Dr whenever there is a heavy rainstorm. The holes are almost directly behind the pool that I maintain and water still comes through them and goes into the channel and the drain when we have significant rainstorms. 1 have also seen City maintenance crews clean up the channels periodically over the years. I saw them clean the drainage channels several times in the 1980's and the 1990's but not in recent years Alan Kaplan 760=219-5809 Subject: Re: City of Palm Desert's proposal to abandon their drainage channel easements From: C. Gerald King (cgking3@yahoo.com) To: dm515@sbcglobal.net; Date: Tuesday, October 28, 20141:05 PM Donna & Bill, Water does run in the channel on the backside of my property at 48-601 Valley View Dr. In last years heavy rain, the channel would not handle all the water and the area where that channel drains in to the large channel on the North side of the property washed out. Not being there at that time of the year, I don't know if the area washed out was caused by the city not maintaining the channel at the back of the property or that the channel was not sufficient to handle all the water caused by the flood conditions in August 2013. When we first moved in in 1998, it appeared the city was not keeping the channels clear, and after considerable rain that winter, my wife called the city, they quickly came and cleaned both channels and have done an adequate job since except maybe for the back channel last year. The channel on the west side of my property drains a lot of runoff from the condominium complex west of me as does the large channel on the north side. I personally believe it is irresponsible for the city of Palm Desert not to maintain these channels and their entry into the city's storm drain system. Please let me know if I can be of further help. I regret we won't be in Palm Desert at the time of the meeting. Gerald King 360-681-8747 Subject: Re: City of Palm Desert plans to abandon Summit drainage channels From: Kathy Bjork (kbjo67@yahoo.com) To: dm515@sbcglobal.net; Date: Sunday, October 19, 2014 2:22 PM Donna, I have attached a letter for Palm Desert along with photographs of our drainage hole. I hope this helps. Let me know how this complaint progresses. Kathy Bjork October 19, 2014 City of Palm Desert: Palm Desert is a city to be proud of. This is due, in part, to the excellent care from the maintenance crews that work to see that the vegetation is trimmed, the streets are paved and the public areas kept free of clutter. When we moved to the desert many years ago we chose to buy a home in Palm Desert. We were attracted by its neat appearance, parks and shopping, the lack of contention among the city council and willingness to listen to citizen concerns. My husband and I have been residents since 1977 and have resided in our current home in The Summit since1986. When we bought our house it had a cement drainage channel that ran the length of our backyard at the top of our embankment. We were told it was part of a flood control easement owned by the city and they would be responsible for its maintenance. In the twenty-eight years we have lived here we recall only two instances where we saw evidence that someone from the city had cleaned the channel, and this was in the late 1980's. We, ourselves, have worked to keep the area clean of leaves, mud and other debris that accumulates in the channel. This has been quite an investment of our time and effort, especially since our property is the highest point and apex to the channel. To add to our labors, Big Horn Development dug a hole in our fence, authorized by -the city, to let water and debris drain from their neighborhood. Every time there is even a moderate amount of rain, or when they water extensively, we are left with a muddy mess next to the hole. We were told the opening would be upgraded; we were even shown drawings of a structure that would be installed to help channel the water. This has never been built. It is disturbing that Palm Desert has not lived up to their responsibility. They were quick to grant an expensive development permission to drill a hole in our wall to permit water and mud to flow from their property into our yard. Yet they do not appear to care how it affects the homeowners whose yard it broaches. I offer my support to the homeowners in The Summit who have brought their concerns about this problem to the City. Kathy Bjork HYPERLINK "maiIto.-kbjo67@yahoo.com" 72631 Spyglass Lane Palm Desert DAVID M. PETERS KEENAN A. PARKER JAMES R. McCORMICU JR. STEPHEN M. KIRKLAND CHRISTINA M. BAINE DaJARD1N JOHANNA R. DELEISSEGUES TRACY M. FULLER UNKOWSKI GRANT W.HAMOR MICKEY JEW KYLE E. WCIN LAURE F. MASOTTO L AURIE S. POOLE ZACHARY R. SMITH SO" J. FREEDMAN (RET) PETERS & FREEDMAN, L.L.P. ATTORNEYS AT LAW 43100 COOK STREET, SUITE 202 mom@vkwwaw.com PALM DESERT, CA 92211 www.howaw.com Tat: 1700) 773-4403 Fax: (780) 773-0919 November 12, 2014 Honorable Mayor and Members of the City Council City of Palm Desert 73510 Fred Waring Drive Palm Desert, California 92260-2578 ENCINITAS OFFICE 191 CALLS MAGDALENA, STE. 220 BONITA& CA 92024 Tah. (7001436-3441 In: (780) 436-3442 ORANGE COUNTY OFFICE 120 VAN`nS, STE. 300 ALISO VIEJO, CA 92656 TN: (9491 390-2977 Fax: (9491 335-90" Regarding: Palm Desert Summit Homeowners Association / Offer of Dedication of Storm Drain Channel Easements Our File No. 2203 Dear Honorable Mayor and Members of the City of Palm Desert City Council: The Law Firm of Peters & Freedman, L.L.P., represents the Palm Desert Summit Homeowners Association ("Association'l. The purpose of this letter is to respectfully request that the City Council ("City') expressly accept the offer of dedication of easements made in relation to the storm drain channels located within the community. FACTUAL BACKGROUND The Association is a 154 home community that is sandwiched between Highway 74 and the Big Hom development. The beautiful single family homes in this development are currently listing for just under $1 M. When the Association was built in approximately 1978, the City placed various conditions of approval on the development. Specifically, the City required storm drain channels/easements along certain residential lots to accommodate drainage in the community. Standard Condition 7 states that all dedicated land and/or easements required by the approval shall be granted to the City of Palm Desert without cost to the City. Special Condition 6 states that the applicant must provide acceptable easements to accommodate drainage from Section D 8t H onto the property. Special Condition 7 states that single easements shall be applied between lots, where appropriate. These Special Conditions appear in the resolutions of both the Palm Desert Planning Commission and Palm Desert City Council. Copies of the resolutions are attached as Exhibit "A." The required easements appear on Tract Map 13008, which was approved and accepted by the City. A copy of Mayor and City of Palm Desert City Council Members November 12, 2014 Page 2 Tract Map 13008 is attached as Exhibit "B." In August 2013, the City of Palm Desert experienced what has been characterized as a 100-150-year storm. Torrents of water rushed through the storm drain channels in the Association, taking debris and vegetation with it. At least one home adjacent to the storm drain channel was unforhmately impacted by the storm and sustained damage. This home is located at 48721 North View Drive. The garage of the neighboring home at 72691 Spyglass Lane was also flooded as a result. After the August 2013 storm, the issue of maintaining the storm drain channels took center stage. When the Association and other homeowners approached the City regarding its obligations, the City attempted to disclaim these easements by saying that it never accepted them. This determination is not supported by the facts or the law. THE CITY HAS ALREADY ACCEPTED THE OFFER OF DEDICATION The question of whether the City should accept the offer of dedication of the channel easements is moot. City Staffappears to assert that because the City did not formally accept the offer of dodication at the time that the Tract Map was approved, it can now abandon the offer 35 years later. This argument is based upon the City's own failure to adhere to Government Code Section 66440 to certify its acceptance on the Tract Map. By requiring the easements as Conditions of Approval for the community, the City clearly intended to accept the offer of dedication. Further, the City approved and accepted the Tract Map itself, which identifies the easements reserved to the City. In light of its true intention to accept the offer of dedication, it is disingenuous for the City to attempt to rely on a technical oversight it created to abandon its obligations to its constituents. More importantly, however, the City accepted the offer of dedication by performing regular maintenance of the channels. California case law holds that a municipality may imply consent to a dedication by exercising dominion over the area in question. See, Tischauser v. Newport Beach (1964) 225 Cal.App.2d 138, 145. Because the City has maintained the channels over the past several years, it has already accepted the offer of dedication. Even if the City "expressly" rejects the offer of dedication, a homeowner could still assert that the City has already accepted the offer. The safest and simplest way forward for the City is to expressly accept the offer. In support of this conclusion, we have attached copies of the City's maintenance logs establishing regular maintenance of portions of the easement. See, Exhibit "C." Unfortunately, the earliest entry on the logs that we could identify was in 2009. In the lifespan of a roughly 35-year old project, the City's logs are not complete. Fortunately, the Association does have correspondence from homeowners in the community affirming that the City has performed regular maintenance of the channels going back much finrther than 2009. True and correct copies of correspondence from homeowners and a pool vendor who works within the community corroborating this regular maintenance are attached as Exhibit "D." As the owner of the easements, the City is required to maintain them. See, Reinsch v. City ojLos Angeles (1996) 243 Cal.App.2d 737, 747. It cannot now disclaim the easements and its obligations. Mayor and City of Palm Desert City Council Members November 12, 2014 Page 3 FACTUAL INACCURACIES IN CITY STAFF REPORT To support its recommendation to abandon the offer of dedication of the easements, City Staff has asserted that "there is very little chance of any flood damage to any home" and that "The Summit channel is of very little use and unlikely to convey significant storm flows." Staff has also asserted that because the "channel provides only limited protection to the abutting homes, and no protection to other property, it provides no benefit to the public." Unfortunately, Staff is incorrect on all counts. As stated above, two homes at the Association were damaged in 2013 when water flowed from the storm drain channel onto the Lots and into the residence and neighboring garage. The neighboring home that was damaged is not even adjacent to the storm drain channel. The channels do, in fact, provide an important function of draining away irrigation from other homes, storm water and runoff from the neighboring Big Horn Development. These are sizable holes drilled in the boundary wall separating the Association from Big Horn that allow water that is not redirected on the Big Horn property to flow into the channels. Photos of the channels evidencing water flow and the holes in the wall are attached as Exhibit "E.". In addition, correspondence from homeowners corroborating the water flow are attached as Exhibit "F." City Staff has also asserted that the channels provide no benefit to the public. It is not clear how the City is defining the term "public." Presumably, the few hundred residents of the Association constitute some portion of the "public." Further, since the City has apparently permitted the Big Horn development to divert its overflow water into these channels, the channels benefit more than simply the Association and its residents but instead make up a system of water flow designed and/or approved by the City to expressly benefit the "public" It would be unrealistic and frankly impossible to justify any project undertaken by the City if it had to serve or somehow provide a benefit to the entire population of Palm Desert. Further, the City, s own maintenance records demonstrate that the City has performed drainage maintenance in several other locations that realistically service only a subset of the public. It makes no sense that the City would have required the easements in the first place if it believed that the channels did not serve a public interest. If nothing else, the City has a vested self-interest in maintaining the channels. While the City has offered to accept certain portions of the channels, primarily the outlet drains, it does not make sense to reject the balance of the channels. All of the debris that collects in the channels will flow into the outlets until the inlets become so clogged that the water enters the residential lots. If enough debris collects in the outlets or flows from the residential lots, there could be standing water on the streets that the City maintains. The City's maintenance logs do reference a number of standing water items. As any asphalt company will attest, standing water is the biggest enemy of asphalt. City Staff also stated that there have only been two occasions that have been identified when City Staffperformed emergency storm response and clean up. This is, again, incorrect. According to the City's maintenance logs, portions of channels have been regularly maintained since 2012. Homeowners and a pool vendor who works in the community have also corroborated that the City has regularly maintained the channels. Please refer to Exhibits "C" and "D." Mayor and City of Palm Desert City Council Members November 12, 2014 Page 4 City Staff also indicated that some homeowners have installed improvements or otherwise altered the channels such that it would be difficult for the City to access the entire length of the channels. While the City has the ability to take action to remove the improvements, in the spirit of cooperation, the Association would be willing to work with the City to require the homeowners to remove any obstacles in the channels in the event that the City expressly accepts the dedication of easements. We respectfully request that the City expressly accept the offer of dedication ofall easements within the Association for the storm drain channels and maintain them on a going forward basis. 'Thank you for your due consideration of this issue. Very truly yours, PETERS & FREEDMAN, L.L.P. Cti M%m Bane 17e9adm CBD1cmb cc: Board of Directors GAn 22W\CBDUAftUtr city cow d m dwmeb.wpd EXHIBIT "A" PLAnino CowrasION RESOWTION NO. 419 A RESOWTION OF THE PL►NNING COMMISSION OF THE CITY OF PAIM DESERT, CALIFOWIA, RAMWINDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO CREATE A 161 LOT 'JINGLE -FAMILY SUBDIVISION. ``► CASE 90. TT 13006 WHEREAS, the Planning Commission of the City of Pale Desert, California, did on the 31st day of October, 1976, hold a duly noticed Public Hearing, to consider a request by COPS CONSTRUCTION COMPANY for approval of a Tentative Tract Map to create 181 single-family residential lots on approximately 84.4 acres within the R-1 12,000 (Single-family ew residential, min. 12,000 sq. ft. lot area) and R-1 12,000, S.P. (Single- family residential, min. 12,000 sq. ft. lot area. Scenic Preservation Overlay) zones generally located east of Highway 74, south of Homestead Road, more particularly described as: APN 631-02-6, APN 631-03-1. 2, 3. APH 631-04-13, 14, APN 831-11-1. 2. 3. 5, 7, S. 9, 14, & 15 WEEREAS, said application has complied with the requirements of the "City of Pala Desert Environmental Quality Procedure Resolution No. 78-32," in that the Director of Environmental Services has determined that this project will not have a significant effect on the environment and no further documentation will be required; and, WHEREAS. at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all persons desiring to be heard, said Planning Commission did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: 1. The subject Tentative Map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop - meat proposed. 4. The design of the subdivision and the proposed improve- ments are not likely to cause substantial environmental damage or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and consti- tute the findings of the Commission in this case; 2. That it does hereby require that the applicant pay a fee in an amount determined under the Ordinance provisions in order to comply with Article 26.15 of the City's Subdivision Ordinance regarding the public facilities requirement; 3. That it does hereby recommend approval to the City Council of the City of Palm Desert the above described Tentative Map No. 13000 for the reasons set forth in this Resolution and subject to the attached conditions. rr PLANNING CMISSIOP RESOLUTION NO. 419 Page Two PASSED, APPROVED, and ADOPTED at a regular meeting of the Pala Desert Planning Comsission, held on this 31st day of Or -tabor, 1978, by the following vote, to wit: AYES: Berkey, Tlesbman, Kelly, Kryder, Snyder NOBS: None ABSENT: None I r ABSTAIN: None IL-94M—, _ u ��Y , ecretuy /ks we Mo no No PLANNING CO101ISSION RE80IATION NO. 419 CONDITIONS OF APPROVAL 1%1W CABS 100. TT 13008 Standard Conditions. page Three 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and State and Federal statutes rr now in force, or which hereafter may be in force. 2. Full public improvements including traffic safety lighting as required by Ordinance and the Director of public Works, shall be installed in accordance with City Standards, 3. The tract shall be subject to the payment of drainage and signali- zation fees as required by the City of Pala Desert. 4. The CChR1x for this development shall be submitted to the Director of Public Works for review and ipproval prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the Director of Public Works: a. The document to convey title. b. Covenants and restrictions to be recorded. c. Managemest and maintenance agreement to be entered into with the owners of the units of the project. 5. Improvement plans for water and sewer system shall meet the require- ments of the respective service districts. 8. Area shall be annexed to appropriate Improvement Districts having jurisdiction over the subject area. �.. 7. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. 8. All oo-site utilities, including cable T9, shall be placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. `, 9. Complete plans and specifications shall be submitted as required by Ordinance to the Director of Public works for checking and approval before construction of any improvements is commenced. The sub- divider shall submit "as -built" plans prior to acceptance of the subdivision improvements by the City. 10. In order to maintain reasonable fire protection during the construc- tion period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with the re- quired fire flows shall be installed as recommended by the Fire Marshal. 11. All requirements of the City Fire Marshal shall be net as part of the development of this tract per the attached letter dated October 23, 1978. 1W 12. Drainage shall be subject to approval of the Director of Public Works. Applicant shall provide engineered data as requested. 13. The total number of lots shall be limited to 161 with a minimum area of 12,000 sq. it. \r 14. The applicant shall have twelve (12) months from the date of the approval or conditional approval of the tentative may for filing of the final map unless an extension of time of up to eighteen (18) months to granted by a Resolution of the City Council. 15. Applicant shall pay a fee in an amount determined under the Ordinance provisions in order to comply with Article 26.15 of the City's Sub- division Ordinance regarding the public facilities requirement. PLAMIIIIO COMISSION AESOUITION no. 419 Page your Special Conditions: 1. Engineering calculations shall be submitted for all drainage structures to substantiate the design of the proposed open concrete channels. 2. The developer shall be responsible for improvements of off -site streets to upgrade their water carrying design, including the installation of cross -gutters and scales, as required by the Director of Public Works. { 3. The developer shall slake a contribution according to the signalization Ordinance of the City of Palo Desert in the amount of $8,050.00. 4. The tract shall be bounded by a six (6) foot high masonry call, as required by the Director of Environoental Services. Said wall shall be of decorative character adjacent to public streets. S. Proposed improvements. as expressed in Exhibit H, shall be in- stalled as part of the subdivision improvements. 6. Applicant to provide acceptable easements to accomodate drainage from Section D ! 8 onto the property. 7. Single easements shall be applied between lots, where appropriate. S. Kesa View shall be fully improved as part of the first phase. 40 vo —- a V ens %W PUNNING COMMISSION REWWP1011 NO. 419 A. 1 cbuwrr ;;� 1 RIVEPSIDE COUNTY FIRE DEPARTMENT IN COO►EItATION VOTN TUC CALIFORNIA Oe►ARTM[NT OF FORKS"" DAVID L. FLAKE COUNTY FIRE wAROLN octooer 23, 1978 Page Five 110 40 1 $A* /ACINTO SMET PERM. CAUVORNIA 92M TaLa►1/0NE P141 467.714E U. Paul A. Williams Director of 11mvireaental Services City of Pals Desert 0-275 Priday Pear Lane Pala Desert, CA 92M It*-. Case so. T! 13008 Dear Mr. rillimast As in the past, w* request that approval of this tract be postponod until such ties that the Ironwood lire Station is constructed end operating. In the event the project is approved the following are the fire protection requirements. 1. Install a water Wotan capable of delivering ISW ON fire flow from any fire hydrant for a two hour duration in addition to domestic supply. The Oompt- tation shall be based upon a minimum of 2D psi residual operating pressure In the supply main from which the flow is alsaslaed at the time of aeasurement. 2. Install Riverside County super fire hydrants located at *soh street inter- section (a) but not greater than 500 feet apart in soy direction. A. Itxterior surface of hydrant barrels and heads shall be pointed chrome yellow, and the tops and nossle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction froa emob hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water ystoa plan to the Piro Marshal for review. d. The water system plan shall be slang by a registered civil engineer and ap- proved Dy the .at,er coapany. with the following C*rtificatloat "I certify that the design of the water system in Tract `o. 13008 is in accordance with the requirements prescribed by the Piro Marstu►1." Upon approval, trio original plan will be returned to the developer. vld Very truly yours, D►VID L. FLUM moire Chief David J. Ortegel Piro Marshal minutes Pals Desert Planning Commission October 31, 1978 Page Your VI. PUBLIC HEARINGS (Coat.) H. Cap No. TT 13323 (Coat.) Comissioner Snyder asked if the Conditions of Approval on the Development plan would apply to this case. Mr. Crump noted that they would as indicated in Standard Condition No. 12. On a notion by Commissioner Berkey, seconded by Commissioner [cyder, the Commission approved the Cate by Planning Commission Re- we\ solution No. 418; carried unaaimusly (5-0). 1►. Case No. TT 13008 - COVE COHSTRUCTIOW CO., Applicant Bequest for approval of a Tentative Tract Yap to create 161 single-family residential lots on approxi- mately 84.4 acres within the 4-1 12,000 and 8-1 12.000. B.P. (single-family residential, min. 12,000 sq. ft. lot area, Scenic Preservation Overlay) &ones generally located east of Highway 74, south of Homestead Road. Mr. Williams reviewed the case and the Conditions of Approval. He also noted the concerns noted in the previous related cases. Comissioner Snyder asked about Mess View. Commissioner Berkey asked if Condition No. 2 was sufficient. And, Chairman Kelly asked if lot sizes met the requirements of the Boning designation. Mr. Williams replied to these concerns that Condition No. 1 and 2 sem to cover the concerns and that some of the lots are larger and the size on the smaller ones can be adjusted. Commissioner Berkey asked about the status of the fire station. Mr. Williams stated that the City has the land and the fire station should be under construction by the end of the year. Chairman Kelly declared the Public Hearing open and asked kf the applicant wished to speak at this time. BD wRIOHT, Pros. of Cove Construction, stated that be fools that the drainage problems can be handled and that he agrees with the staff's recommendations. Chairman Kelly asked if there was anyone wishing to speak in FAVOR or OPPOSITION to the project. ROSE FREELANDHR, 48485 Praire Dr.. noted her concern with the drainage on Mesa View and Prairs. Mr. Williams noted that Mesa View will be double width and part of it will have a 10 foot median. He also noted that there will be improvements to the curbing so that the water won't flow onto yards. Mr. Wright noted that the additional width of the street will allow for more water to be carried. Chairman Kelly declared the Public Hearing closed and asked for the pleasure of the Comission. Commissioner Kryder noted his concern with the drainage but stated that the conditions should take care of that. Commissioner Flesbman stated that cross gutters will not handle the situation on Homestead. Mr. Beebe stated that most of the storm drains are abort and that the City will maintain them as the streets are public. Commissioner Fleshman asked the applicant if be would provide drainage easement on Section H. and he suggested that he make the easement through one property instead of two. %W Minutes Pala Desert Planning Commission October 31, 1978 Page Five VI. PUBLIC HEARINGS (Cont.) F. Case No. Tr 13008 (Cunt.) Mr. Wright stated that there would be an easement. Commissioner Plesbman also suggested that on Condition No. 4 the words "decorative where appropriate" should be added. Mr. Williams stated that the staff felt that cul-de-sacs were better than a loop street. Commissioner Snyder noted his concern with the western end of Homestead not being a water carrying street. Be stated that the applicant should work with Mr. Beebe to solve these problems. Mr. Wright stated that the first project would create less water. Commissioner Snyder stated that his concern is the water that could come down and hit Homestead. Commissioner Fleehman asked if street C could be turned and drain the other way. Mr. Wright stated that this thought would also bold true for streets B, C, • D, but Ocotillo would have to be raised which would block the view of residents. Commissioner Flesbman asked that Section B be restudied. Mr. Wright stated that be would be glad to do this. r' Chairman Kelly noted bar agreement with the conditions as pro- posed and noted her confidence in Mr. Beebe to handle the problems. Mr. Beebe noted that the Commission is approving a parcel map not the hydrology map as presented and that be does not want to make a generalized statement. Commissioner Fleshman stated that Mesa View should be improved as part of the first phase, because of the fire station. To cover the above points, the following conditions were added,to the Special Conditions: Add to Condition No. 4 - Said wall shall be of decorative character adjacent to public street*. New Condition No. 5 - Proposed improvements, as expressed in Exhibit B, shall be installed an part of the subdivision improvements. New Condition No. 8 - Applicant to provide acceptable ease - seats to accomodste drainage from Section D A H onto the pro- perty. �Wr New Condition No. 7 - Single easements shall be applied be- tween lots, where appropriate. New Condition No. 8 - Mesa View shall be fully improved as part of the first phase. On a motion by Commissioner Snyder, seconded by Commissioner Flesbwan, the Commission approved the case, with the additional condi- tions, by Planning Commission Resolution No. 419; carried unanimously (5-0). TTOM RESOLUTION NO. 78-145 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA. APPROVING A TENTATIVE TRACT MAP TO CREATE A 161 LOT SINGLE-FAMILY SUBDIVISION. CASE NO. TT 13OW WHEREAS, the City Council of the City of Pale Desert, California, did, on the 3Oth day of November, 1978, hold a duly noticed Public Hearing to consider a request by COVE CONSTRUCTION COMPANY for aoproval of a Tentative Tract Nap to create 161 single-family residential lots on approximately 64.4 acres within the R-1 12.000 (Single-family residential, min. 12,000 sq. ft. lot area) and R-1 12.000. S.P. (Single-family residential, min.12.000 sq. ft. lot area, Scenic Preservation Overlay) zones generally located east of Highway 74. south of Homestead Road, more particularly described as: APN 631-02-8, APN 631-03-1. 2, 3, APN 631-04-13. 14. APN 631-11-1. 2, 3, 5, 7. 8, 9, 14, i 15 WHEREAS, said application has complied with the requirements of the "City of Palm Desert Environmental Duality Procedure Resolution No. 78-32," in that the Director of Environmental Services has determined that this project will not have a significant effect on the environment and no further documentation will be required; and. WHEREAS. at said Public Hearinq, uoon hearing and considerino all testimony and arguments, if any, of all persons desiring to be heard, said City Council did find the following facts and reasons to exist to recommend approval of the Tentative Tract Map: I. The subject Tentative Mao does substantially comply with Chaoter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act. as amended. 2. The subject Tentative Map does comply with the adopted reneral Plan and the Palm Desert Zoninq Ordinance. 3. The site is physically suitable for the type of development orocosed. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damoe or serious health problems. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert. California, as follows: 1. That the above recitations are true and correct and constitute the findings of the City Council in this case; 2. That it does hereby require that the applicant pay a fee in an amount determined under the Ordinance provisions in order to comply with Article 26.15 of the City's Subdivision Ordinance renardina the oublic facilities requirement; 3. That it does hereby approve the above described Tentative Mao No. 13008 for the reasons set forth in this Resolution and subject to the attached conditions: PASSED, APPROVED, and ADOPTEO at a reaular meeting of the Palm Desert, California, City Council, held on this 30th day of November. 1978, by the following vote. to wit: AYES: Brush. ftPherson, Newbrander, Wilsbn b llins 'IDES- ±lone ABSENT: None ABSTAIN: None fMRD U. MULLINS, FAYOR or ATTEST: ' JAMES - NcPHERSON, MAYOR PRO-TEMPORE EELRLfLSEQ CITY OFOADESfi. CALI R41A RESOLL'TIOX N0. 78-143 Page 'irro . CONDITIONS OF APPROVAL , CASE NO. TT 13008 Standard Conditions: 1. The development of the property described herein shall be subject to the restrictions and limitations set forth herein which are in addition to all municipal ordinances and State and Federal statutes now in force, or which hereafter may be in force. 2. Full public improvements including traffic safety lighting as required by Ordinance and the Director of Public Works, shall be -installed in accordance with City Standards. 3. The tract shall be subject to the payment of drainage and signali- zation fees as required by the City of Palm Desert. 4. The CCAR's for this development shall be submitted to the Director of public Works for review and approval prior to the issuance of any building permits. Prior to recordation of the final subdivision may, the applicant shall submit to the Director of Public Works: a. The document to convey title. b. Covenants and restrictions to be recorded. c. Management and maintenance agreement to be entered into with the owners of the units of the project. S. Improvement plans for water and sewer system shall meet the require- ments of the respective service districts. 6. Area shall be annexed to appropriate Improvement Distriets having jurisdiction over the subject area. 7. All dedicated land and/or easements required by this approval shall be granted to the City of Palm Desert, without cost to the City and free of all liens and encumbrances. S. All on -site utilities, including cable TV, shall placed under- ground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. .9. Complete plans and specifications shall be submitted as required by Ordinance to the Director of Public Works for checking and approval before construction of any improvements is commenced. The sub- divider shall submit "as -built" plans prior to acceptance of the subdivision improvements by the City. 10. In order to maintain reasonable fire protection during the construc- tion period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with the re- quired fire flows shall be installed as recommended by the Fire Marshal. 11. All requirements of the City Fire Marshal shall be met as part of the development of this tract per the attached letter dated October 23, j 1978. 1` 12. Drainage shall be subject to approval of the Director of Public Works, Applicant shall provide engineered data as requested. 13. The total number of lots shall be limited to 161 with a minimum area of 12,000 sq. ft. 14. The applicant shall have twelve (12) months from the date of the approval or conditional approval of -the tentative map•for filing of the final map unless an extension of time of up to eighteen (18) months is granted by a Resolution of the City Council. 15. Applicant shall pay a fee in an amount determined under the Ordinance .provisions in order to comply with Article 26.15 of the City's Sub- division Ordinance regarding the public facilities requirement. C . RESOLUTION NO. 78-145 Pale four t M-W- RIVEPSICE tcUrITY •� ., FIRE DEPAPTMENT t, Ara•rr IN cO0'[RI.TION wITN �N[ %�'�'�-•' jf l`• -� CA61FORNIA O[FARTMENT OF FOR[1TRV DAVID L. FLAKE — COUNTY FIRE WARDEN 21e WEST SAW JACINTO STREET PERRIS. cALIrDRNIA 92M TR6[PN00e (7141 e117-8183 October 23, 197d Mr. Paul A. Williams Director Of Environmental Services City of Pala Desert 0-275 Prickly Pear Lane Pala Desert, CA 92260 Res case No. TT 13008 Dear Xr. fillianss As in the past, we request that approval of this tract be postponed until such time that the Ironwood Piro Station is constructed and ope_rsting. in the event the project is approved the following are the fire proteotioa requirements. 1. Install a water system capacle of delivering 1500 GF4 fire flow from any fire hydrant for a two hour duration in ad3ltion to domestic supply. The corpa- tation shall be based upon a mi.•.Snuc of 20 psi residual operating pressure in the supply stain frogs which the f'_oo is aeasured at the time of measurement. 1 2. Install Riverside County super firs hydrants located at each street inter- section (a) but not greater than 500 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and ao[sle caps shall be painted green. D. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall fun-ish the original I and three (3) copies of tae water syste3 plan to the Piro Marsaal for review. I 4. The water system plan stall be signed by a registered civil engi-neer and ap- proved by the water company, with the following certification: "I certify that the design of the waver system in Trait do. 13OD8 is in acccriance wita the requirements prescribed by the fire Karsaal." Upon approval, the original plan will be returned to the developer. Very truly yours,: DAVID L. FLAKE �is•e Chief f�� -. David J. Ortesel Fire Uarshal 1 RESOLUTION NO. 98-145 Page Three Special Conditions: 1. Engineering calculations shall be submitted for all drainage structures to substantiate the design of the proposed open concrete channels. 9. The developer shall be responsible for improvements of off -site streets to upgrade their water carrying design, including the installation of cross -gutters and awales, as required by the Director of Public Works. 3. The developer shall make a contribution according to the signali- zation Ordinance of the City of Palm Desert in the amount of $8,050.00. 4. The tract shall be bquaded by a six (S) foot high masonry wall, as required by the Director of Environmental Services. Said wall shall be of decorative character adjacent to public streets. _ 5. Proposed improvements, as expressed in Exhibit 8, shall be installe as part of the subdivision improvements, except sidewalks shall be provided on both sides of Mesa View Drive. 8. Applicant to provide acceptable easements to accommodate drainage from Section D k N onto the property. 7. Single easements shall be applied between lots, where appropriate. S. Man& View Drive shall be fully improved as part of the first phase. A : I I Uji"ll =1� rt:f id! s ew�p S=3�i _a sty Od# 01 �d! � =j .3 •;fit- 'a ::� _a� :�_ � yet rrttt rT _• 17� £ ![1Lii s y ala�iaR°aaas7aa N M �iaaaoiaaai A A N 4f1 F j Y NM N OD., t �� ova a , -- 4 ►� Ol , 40 N y w l o. J S k jai sw,w `y w SSA z it g GDP Q ( s to%af 55 M 44 a � r F 4 ti w pe yl 4y s YAM "A. 4I d�i I | � | s . $ ƒ wu ■ � � ■� 2— � _ — � I OD | O%&f-�. �— � � , . 1 : of � | � __ 7 9 ` '■ i ��|I,.;* a _ R & ( ---- .f . :It! Q4 1 | g | - @ ■ i | , � �l�� , ' /■� § a 2 ;• � � | «4 ! ' � | ■; #k 100 m to L.ms ,a | u � � � � 3AWO AVIA AOVW *d jet EXHIBIT "C" EVERY TWO MONTH DRAIN CHANNEL MAINTENANCE SCHEDULE Equipment & tools required: Truck No. 79 or 04, Shovels, brooms, hedge trimmers (in some locations), wheel barrel. You will need to use the water truck in some locations. Months ZO Locations Data Cemelaud rme Mansei.wi 4%.u.... Mesa View - ---- ----- - - - ��w -- �.�� 48-601 Valley View Olympic & Spyglass Silver Spur Ranch At the cakle-sack on Feather Trail east of Silver Spurt Trail 55 4 up Silver Spur before the round about both sides of the center median Q oeS AcT ex��T — At the the cal -de -sack on Broken Arrow Trail east of Silver Spur l6 �� 1, /� `t �6 �s �� BuckboardW/of Portola S/side two Drains `0 _ Z ZS 5 S *jP Portola -tustack channel on Portola W/side Portole N/of Ha ck week!) - p . j _ LO - : 5 ,uta rl Candlewood East of El Toro Peak _Z p -1 N/of Haystack Channel between Amber & Ambrosia O Z U Desert Holy &Blazing Star Drain on the comer. zo-/� Z At the cal -de -sack on Willow Street east of Desert Ul �� ` Z0--1� • b 55 40P At e sack on Goldflower east of Desert Lil at the end of the i /0 _ Z0 _A/ ? At t of cal -de -sack on Salt Cedar east /D - Zo /31 �. 5~ SS 4 At the cal -de -sack on Tamarisk Road East of Desert Ui _ 0, 20 _ ' 1 / �'% Z-� SS 4,7 � 73-M Flagstone at the cui-dec-sac. .---- 46-390 Garden Square San Pablo at Coco's restaurant S/side Of Higpway 111 Purslane Drainage Channel /U Painters Path Painters Path & Edgehill NIW comer £ Painters Path S/of Fred Waring (Circuit Citv)r F.Waring & PaintersPath N/E comer two drains. c 1-1-1��- • 0 bi Park View 43-831 Joshua Road D� EVERY TW�O�MONTH DRAIN CHANNEL UA1 =: �11`•� i! g HEM Equipment & tools required: Truck No. 79 or 04, Shovels, brooms, hedge trimmers (in some locations), wheel barrel. You will need to use the water truck in some locations. Month. Av ' — Locations oats Ieted TIrm ulred crew _ Mesa View 48-601 Valley View 3 Olympic & Spyglass 3 Sliver Sour Ranch At the cai-de-sack on Feather Trail east _ of Silver Spurt Trail 31 / / 5 M..� fie /7-p r before the cai-de-sack on en Arrow / Trail east of Silver Sour / j't ! M ;kboard W/of Portola S/side two Drains "1 3 l 11 Portola Haystack channel on Portola W/side j I , Portola Wof Ha tack (weCandlewood East of EI Toro Peak i Z N/of Ha stack Channel between Amber & Ambrosia 3 / Desert Holy & Blazing Star Drain on the corner. the cal -de -sack on Willow Street east of Desert Lil 7•3 pAt t the cal -de -sack on Goiditower east of Desert Uly at the end of the pipe / / q . �s At the cal -de -sack on Sat Cedar east of Desert ' 7 At the cable -sack on Tamarisk Road East of Desert Ul 73-M FkWone at the col-dec-sac. 46-�Geden-Square San Pablo at Coco's restaurant S✓side `� - `� of Highway 111 Purslane Drainage Channel _ Painters Path Painters Path & Edgehil N/W corner - - /S- Painters Path Slot Fred Waring (Circuit Ci F.Waring & PaintorsPath N/E comer two trains. - , 3 D Park View 43-831 Joshua Road 5 , 5 �/ i JP £T� J-P0-9 A -.Ad ' EVERY TWO MONTH DFAIN CHANUNU MAINTENANCESCHEDULE Equipment & tools required: Truck No. 79 or 04, Shovels, brooms, hedge trimmers (in some locations), wheel barrel. You will need to use the water truck in some locations. Aftonth: Locations Date Com leted Time Required Crew Mesa View 48-601 Valley View 3 t Olympic & SPY21assI 30 Silver Spur Ranch At the cal -de -sack on Feather Trail east of Silver Spurt Trail 2 r'r d Silver Spur before the round about both At the cal -de -sack on Broken Arrow Trail east of Sliver Spur j . , j0 _ t T- 4 Buckboard W/of Portola S/side two Drains .5 TT�.CIF Portola Ha tack channel on Portola W/side Portola N/of Ha ck (week IV) wof Ha stack Channel between Amber & Ambrosia Desert Holy & Blazing Star Drain on the > comer. Fthe e-sack on Willow Street east rt Li • •� 1.0 , (a • -C sack on GoidflO irer.�rt Uat the ed f hVt e-sack on Salt Cedar east of Desert Uly At the cal -de -sack on Tamarisk Road East of Desert Ul 5 • 2 v 73-840 Flagstone at the cut-dec-sac. 45-390 Garden Square r San Pablo at Coco's restaurant S/side Of Highway 111 •eLd FT fi Painters Path Painters Path & Ed shill N/W corner /p Painters Path S/of Fred Waring (Circuit F.Waring & PaintersPath N/E corner two drains. S! �3 ZD Park View.��"--------- _____ ----- —____ 43-831 Joshua Road-.•- EVERY TWO MONTH DRAIN CHANNEL MAINTENANCE SCHEDULE Equipment & tools required: Truck No. 79 or 04, Shovels, brooms, hedge trimmers (in some locations), wheel barrel. You will need to use the water truck in some locations. Month• � o �� nsfa r_mmnlated Tim& R&eulred Cnrw Mesa View - 4WI valley Vwv - z Olympic & Sp lass Silver S ur Ranch At the cable -sack on Feather Trail east of Silver S urt Trail ' 7� - Sfirer Spur before the round about both sides of the center median At the cad -de -sack on Broken Arrow Trail east of Silver Spur Buckboard W/of Portola S/side two Drains Portola Haystack channel on Portola W/side 13 S s Portola Wof Haystack (weekly) v N/of Hays ck Channel between Amber & Ambrosia / S Desert Holy & Blazing Star Drain on the corner. At the cal -de -sack on wdbw Street east of Desert UI _ At the cakes -sack on GotdBower east of Desert Lily at the end of the PIPe Al the cable -sack on Salt Cedar east of Desert Uly At the cable -sack on Tamarisk Road East of Desert Uly_ - 73-840 Flagstone at the cut-dec-sac. 45-390 Garden Square San PaW at Cow's restaurant S/side ofl-lig III Calle De Los Cam inos Two drains south of Thrush W/side Painters Path Painters Path & Edgehill NNW corner - 2. Painters Path S/of Fred Waring (Circuit city)-- --- F. Waring & Painters Path N/E comer two drains. �'-' EVERY TWO MONTH DRAIN CHANNEL MAINTENANCE SCHEDULE Equipment & tools required: Truck No. 79 or 04, Shovels, brooms, hedge trimmers (in some locations), wheel barrel. You will need to use the water truck in some locations. Month: October, 30 2012 Locations vale loom leiea I Ime n ul"M WWW Mesa View — 48-601 Valley View Olympic & Spyglass l8 � a -- Silver Spur Ranch — - ---- At the cal -de -sack on Feather Trail east of Silver Spurt Trail/�- Silver Spur before the round about both sides of the center median -'"- At the cal -de -sack on Broken Arrow Trail east of Silver Spur as i SS Buckboard W/of Portola S/side two Drains v • % SS` -' Portola Haystack channel on Portola W/side ✓ S S Portola Wof Haystack (weekly) Wof jja stack Channel between Amber & Ambrosia % t3 v Desert Holy & Blazing Star Drain on the corner. - �' • 5S /� At the cal -de -sack on Willow Street east of Desert Lily At the cal -de -sack on Goldflower east of Desert Lily at the end of the pipe_ - i S _ At the cal -de -sack on Salt Cedar east of Desert Lily t At the cal -de -sack on Tamarisk Road East of Desert Lily 73-840 Flagstone at the cul-dec-sac. _ 45-390 Garden Square s 5 San Pablo at Coco's restaurant S/side of Highway 111 Painters Path Painters Path & Edgehill WW corner Painters Path S/of Fred Waring (Circuit city)r; - �> Lev �- F.Waring & PaintersPath WE comer two drains. _ Park View 43-831 Joshua Road J 1-1 r MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance Month: - - Location Date Completed Time Rea. Crew Fred Waring Locations 1. 43-820 Wildflower, clean outside the wall at the edge of the white water channel -7_ I � — /V ! 1. Drains along Fred Waring from San Pascual to San Pablo north side Drains off of Acacia and San Luis. �{ ` ` ( I q 1 3. Drains along San Pablo from F. Waring to M. Falls _ l I I (� .�_ �^ CA 4. Drains/Drywells at the Civic Center, Rec. Center rki lot and satellite and �. r - / 1� C4 le 5. Florine & Erin Drain on Co -�• 6. Buttonwood & Gazanla on Corner . e Waring between Monterey San Luis Rey S/sid 8. F. Waring & Alaska two drains 9. F. Waring & Elkhorn 10. F. Warina & California J, 11. Goleta by the vacant lot , H stack Locations 12. 51a;dng Star drain , 13 Wend of Olympic Dr clean out inlet & under sidewalk dram that goes to Mesa View. � Portola Ave Locations f t I 14. 43-620 Carmel Circle 15. West of 43-620 Carmel Circle _ L , 16. Palmilla Circle & rsene S/west comer ._ _ , ; 74-383 Myrsin I P.D. Countq Club Locations _ 17. 77-455 W omi S, a 19. 42-845 Warner AJ Cj lc, - 21. Edinborou h E/o Warner N/side V. California & Tennessee N/E comer PEE 23. Califomia at New York Wwest side _ r24. Ave. of the States at Washington S & N side 77-010 Kentucky Ave��- 43-510 Tennessee Ave. �1��To"' p or t % v �t�• `�� -Z5 t`t • Y<^ MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SC EH DOLE This schedule requires the ditch witch for malntenance Month: -' Location DAM Cmmnlatad IrIma Ran rfAW Fred Waring Locations - -- ------ --- - ----- A j f- to 1. 43420 Wildflower, clean outside the wall at the edge of the white water channel �s I (� 2. Drains along Fred Waring from San Pascual to San Pablo north side Drains off of Acacia and San Luis. 3. Drains along San Pablo from F. Waring to M. Falls 4. Drains/DryweUs at the Civic Center, Rec. Center parking lot and satellite ard Ij , 5. Florine & Erin Drain on Comer. 6. Buttonwood & Gazania on Comer S 7. F. Waring between Monterey & San Luis Rey S/side S. F. Waring & Alaska two drains 30 f, , 9. F. Warigg & Elkhom • / , 10. F. Warin & California 11. Goleta bv the vacant lot L14 , Haystack Locations 12. EMazina Star drain ,St 13.Wend of Olympic Dr clean out inlet uncfeF -- sidewalk drain that Qoes to Mesa Yew. - - - 6-Z — -- - Portola Ave Locations 14. 43-620 Carmel Circle 15. West of 43-M Carmel Circle 16. Palmilla Circle & Myrsene, Shyest corner 74-383 rsin P.D. Country Club Locations 17. 77-455 Wyoming 18. 42-365 Warner 19. 42-845 Warnerr---- 20.43-325 Wamer 21. Edinborough Vo Warner Wside o 10 - 22. California & Tennessee N/E comer 6 •Zy - 23. California at New York N/west side 24. Ave. of the States at Washington S & N side v 25.77-286 Missouri &California on California 77-010 Kentucky Ave. --2- - I t, d 43-510 Tennessee Ave. r( J _ i MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance Month Location Date Completed Time Req. Crew Fred Waring Locations • Z? - H Z- r7_ 1. 43-820 Wildflower, clean outside the wall at the edge of the white water channel oA • 1-1. 0, \ S 2. Drains along Fred Waring from San Pascual to San Pablo north side o ca an n Lu s. . oy . kA 3. Drains along San Pablo from F. Waring to M. Falls Og 1,1 1o% t 4. Drains/Drywells at the Civic Center, Rec. Center parldng lot and satellite yard 0 A • ' • t z • o r T A7 - 5. Flortne & Erin Drain on Comer. o 1.0 --T 6. Buttonwood & Gazania on Comer -- 7. F. Waring between Monterey & San Luis Rey S/side 0 01, • \k k• 0 8. F. Waring & Alaska two drains e•4 . -A . ti .0 E4 9. F. Warina & FJkhorn o 1.0 Ft 10. F. Waring & Califomia 0-,\ - zS - t. O ft f J 11. Goleta by the vacant lot o p . y 4-• 0- Hay6tack Locations 12, Blazing Star drain a F•T 4 Az. 13. Wend of Olympic Dr clean out inlet & under sidewalk drain that goes to Mesa View.---"`- 3 Ni Portola Ave Locations 14. 43-620 Carmel Circle . 4- 15. West of 43-620 Carmel Circle ;L16._Palmilla Circle & Myrsene, S/west corner_____ 74-383 Myrsin-- P.D. Country Club Locations 17. 77-455 Wyoming p, 18.42-365 Warner ----- 19. 42-845 Warner 20. 43-325 Warner O of . JAt O d JP 21. Edinborou h E/o Warner N/side o a 22. California & Tennessee N/E corner . . 23. California at New York N/west side 1, 24. Ave. of the States at Washington S & N side 5.77-286 Missouri &California on California 77-010 K_e_ntucky Ave.__ rd�-F1h Tf nnaCCaa ava r b,c i z• �.iawI���A�sis�i MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance lonth: 04#c#a• Location Date Completed Time Mg. Crew Fred Waring Locations 5- L!�-- _ t � s 1. 43-820 Wildflower, dean outside the wall at the edge of the white water channel o 1 ti - O P-T et1 2. Drains along Fred Waring from San Pascual to San Pablo north side fi 3. Drains along San Pablo from F. Waring to M. Falls 0 Z t A r. 4. DrairWDrywells at the Civic Center, Rec. Center parkina lot and satellite yard 0 zt; (mac t . S IFT- IL E to 5. Florin & Erin Drain on Corner. b 2A . 6. Buttonwood & Gazania on Comer _ 7. F. Waring between Monterey & San Luis Rey S/side 8. F. Waring & Alaska two drains V^k .o Z 9. F. War'Warim & Elkhorn 10. F. Waring & Califomia o 11. Goleta the vacant lot o 2A- Ak 1% - V I I 10 "A Ha stack Locations 12. Blazi Star drain -/ Z 494 L_ 13.N/end of Olympic Dr dean out inlet & under sidewalk drain that goes to Mesa View. Wvkkk 7,ew-il- 'Ak 0-i 0 2 v V -K 4 Portola Ave Locations 14. 43-620 Carmel Circle 5 f 16. West of 43-620 Carmel Circle _ iV 16. Palmiila Circle & M rsene, S/west come_ r a '� / / �, S ; �,:f ?t i 74-383 Myrsin P.D. Country Club Locations 17. 77-455 Wyoming 18. 42-365 Warner Ex i S T —•-----"� 19.42-845 Warner A& air`�CA r ST --------- 20. 43-325 Warner - y 5- Y 21. Edinborou h E/o Warner N/side , - - 1; 5 r V �' 22. Califomia & Tennessee N/E corner o 23. California at New York N/west side oA oi 14.1 _ _24. Ave. of the States at Washington S & N side ---------- �25.77-286 Missouri &Caldomia on California — 77-010 Kentucky Ave.- _ _._ _ .._ k Q G j 43-510 Tennessee Ave. _ _ _ _ _ C . 77-94r, r`,alifnrnia Ava --1 �-1- -- --_— , a N -- -- — `7 T MONTHLY CATCH BASINS/ DYRWELLS MAINTENANCE SC ED-ULE This schedule requires the ditch witch for maintenance ith: V.a, - Location Date Comoleted Time Ron- rrreut Fred Waring Locations Sits eta Ct 6A conca- :Lz �gyk& S' -2 7A .1 i Cz 43.820 Wildflower, clean outside the wa'tll at the edge of the white water channel -1 \ 0 '. Drains along Fred Waring from San Pascual to San Pablo north side 1 'L t t s� ar El 3. Drains along San Pablo from F. Waring to M. Falls Z' 8 i 1• t; T- 32, 4. Drains/Drywells at the Civic Center, Rec. Center parkin lot and satellite rd L t9 . I A > T 1%2 5. Florine & Erin Drain on Comer. 6. Buttonwood & Gazania on Corner -------- - - �_.-_ _._ 7. F. Waring between Monterey & San Luis Rey S/side Z Z \ • 1 8. F. Waring & Alaska two drains 9. F. Waring & Elkhorn 10. F. Waring & California , 11. Goleta by the vacant lot H stack Locations 12. Blazing Star drain 13.N/end of Olympic Dr clean out inlet & under sidewalk drain that goes to Mesa View. - o - FT Ia . r _ _ _Portola _Ave Locations 14 43-620 Carmel Circle i West of 43-620 Carmel Circle - %A , �p - N Phlr '11a Grrle R ,MyrsenP S west corner •a k8 i MLrgv- - - - --- - P.O. Country Club Locations 77-455 Wyominn " 2-365 Warner -845 Warner 125 Warner tborough E/o Warner N/side-'- rnia & Tennessee N/E corner ,iia at New York N/west side — 'he States at Washinqton S & N side - ^—' _- iSSour; SCalitorma on California ^►+v Ave. — ---- _- MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE _ This schedule requires the ditch witch for maintenance Month: peel, Location Data Cmmnipfad Timm Ran rVaur Fred Waring Locations 1. 43-820 Wildflower, clean outside the wail at the edge of the white water channel 7 / -GI/ I -- 2. Drains along Fred Waring from San Pascual to San Pablo north side 3.sDrains a" San Pablo from F. Waring to M. T 4. Drains/Drywells at the Civic Center, Rec. Center parkinglot and satellite yard J4 i Z / t �L 5. Florin & Erin Drain on Comer. -, ! - 6. Buttonwood & Gazania on Comer- 7. F. Waring between Monterey & San Luis ReyStside /y��- 7 ,,/ 8. F. Waring & Alaska two drains • ,� - - 9. F. Waring & Elkhorn / - 10. F. Warin & Califomia 11. Goleta by the vacant lot ,,i, • o ? Hhystack Locations 12. Blazing Star drain L 13.14/end of Olympic Or clean out inlet & under sidewalk drain that goes to Mesa View. - -- P_ortola Ave Locations - 43-620 Cann! Circle �___� _.- iNc+ct 1} d4_F•7(1 (amol ('�rrin _ _ .—...� —_- t �...�__. . �•airn+i+3 : ,r�:lo $ tAy'SF r�W j JvPSt ;'rnnr a - - - — T _i —•.� L`:.. _� 383 fAyrsin '.D. Country Club Locations 365 Warner ---- -----..._l-_ �__ ._•_ - __ � _ _ .t � - 145 Warner- 15 Wainer 5 )orough E/o Warner N/side 1a & Tennessee N/E corner i of New York N.'west side States at Washington S & N side -^ +•- R aGfomia on California y ate. Y Ave - - MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance Month: c • w Location Date Compfeted Time Req. Crew Fred Warlpg Locations 1. 43-820 Wildflower, dean outside the wall at the edge of the white water channel 2-,6 ,3 /. d �r 2. Drains along Fred Waring from San Pascual to San Pablo north side 1 u 3 1 A 1 S FT S� 3. Drains along San Pablo from F. Waring to M. Falls •S 'FT 4. DrainsfDrywelis at the Civic Center, Rec. Center i lot and satellite yard �Z �4 1J 20 -��7 J r t F% 5. Flodne & Erin Drain on Comer. 7 6. Buttonwood & Gazania on Comer 7. F. Waring between Monterey & San Luis Rey S/side S. F. War!ng & Alaska two drains ') -A 9. F. Waring & Elkhom / Z /„3 a 10. F. Waring & California /7 !7 11. Goleta by the vacant lot HaystackHaysftck Locallons 12. Blazing Star drain 1 r clean out inlet sidewalk drain that goes to Mesa View. -- ACEf vN b—I-AW Z 7 - 30 F7 Portoia Ave Locations 14. 43-820 Carmel Circle 3a E 15. West of 43-620 Carmel Circle 16. Palmilla Circle & M ysene,S/west corner 74-383 Myrsin ----- -�--- P.D. Country Club Locations 17. 77-465 in 12 72, 18.42-365 Warner — �-�--- ------ 19. 42-845 Warner ---- 20.43.325 Warner 21. EdinboroLigh E10 Warner N/side . o 22. California & Tennessee N/E comer Z - 30 / 23. California at New York Ntwest side,-- 24. Ave. of the States at Washinigon S & N side �- 25.77-286 Missouri &Califomia on Cardomia 12 - D f 77-010 Ken Ave. 1 2 D 43-510 Tennessee Ave. 30 Z 4 . c 77-246 California Ave. q3-00W /7-23 ,? I U s e Ff �� ��• pry I /'i 2 _CfS-S- 6.�st�tr► r�.,,, c Fl, rwE ��/.Y:. MONTHLY L CATCH BASINS / DYRWELLS This schedule requires the ditch witch for maintenance I illiOnth' �J�M f,�ia- Location Date Camnintad Titna Ran_ 1 rmo Fred Waring Locations 1. 43-820 Wildflower, clean outside the wall at the a of the white water channel /Z /� l / --r� .- . J T i- f' T 2. Drains along Fred Waring from San Pascual to San Pablo north side k 3 t - 0 �T p 3. Drains along San Pablo from F. Waring to M. Falls 5 ---r�� �,Jt 4. DrainwDrywells at the Civic Center, Rec. Center arkin lot and satellite yard /Z /3 ✓ / 5. Fkxine & Erin Drain on Comer. - 2 - 6. Buttonwood & Gazania on Comer £ 7. F. Waring between Monterey & San Luis ReyStside i1 t e i 3 t v �� FT 8. F. Waring& Alaska two drains - _-- - - . p 177 - 9. F. Warintl & Ekhom 10. F. Wart & California . a 11. Goleta by the vacant lot Haystack Locations 12. Blazing Star drain ii 13 N/end of Olympic Or clean out inlet & under sidewalk drain that goes to Mesa View. _ it . A 7t 'Lc Portola Ave Locations 14. 43-620 Carmel Circle I • �� __ _ _� 15. West of 43-620 Carmel Circle 16. Palmiila Circle & Myrsene, S/west comer _ ----�--- _.---- - �---- --�_. --- 74-383 Myrsin — P.D. Couqtq Club Locations 17. 77-455 W omi f r. 18. 42-365 Warner - 19.42-845 Warner _- '.0.43-325 Warner i - 74y- 3r' " / r 1. Edinborough E/o Warner N/side // 'z s_ -7- 2. California & Tennessee N/E comer 3. California at New York N/west side _ r Z c, _ Z t. Ave. of the States at Washington S & N side _� _ �_� _ 1 ;.77-286 Missouri &Caldomia on California_ -010 Kentucky Ave. _ -510 Tennessee Ave. _ •245 California Ave. - MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE Month : This schedule requires the ditch witch for maintenance Q Location Date Completed Time Req. Crew Fred Waring Locations 1. 43-820 Wildflower, dean outside the well at the edge of the white water channel 2. Drains alarm Fred Waring from San Pascual to San Pablo north side /+ o/p f 3. Drains along San Pablo from F. Waring to M Falls �� '� ♦' �r ,� 4. DrainwDrywells at the Civic Center, Rec. Center Rqqft lot and satellite yard �v !� 7 • f % 5. Florin & Erin Drain on Comer. . p ..-- --- 6. Buttonwood & Gazania on Comer ---- 7. F. Waring between Monterey & San Luis Rey Stside d Fr 8. F. Waring & Alaska two drains 7P 9. F. Waring & Elkhorn / (� O —_ 10. F.Warkv&Calffomia 11. Goleta by the vacant lot Haystack Locations - 12. Bluing Star drain f' r 13. Wend of Olympic Or dean out intet & under sidewalk drain that goes to Mesa View. Portola Ave Locations 14. 43-620 Carmel Circle 15. West of 43-620 Carmel Circle 16. Palmilla Circle & Myrsene, S/west corner _ ¢N1G�Yl! -- --- — -+ ••--- _ _ -- - ---- 74-3W Myrsm - - - - - ` - P.D. Country Club Locations 17. 77-465 Wyoming 18. 42-366 Warner COV veb- 19. 42-845 Warner 20.43-325 Warner 1. Edinborqgh E/o Warner N/side o — `. California & Tennessee N/E comer p _ California at New York Wwest side Ave. of the States at Washington S & N side - 't, -------� 7-286 Missouri &California on California .i,' J"inn+nn Ct 1 &-w-a lnna --- — - __ _ -- --- MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance Month:. c-I?tNi� Location Data Completed Time Rea. Crew Fred Waring Locations 1. 43-820 Wildflower, clean outside the wall at the!tgg2 of the white water channel 15113 2,0 f FT 2. Drains along Fred Waring from San Pascual to San Pablo north side Cl�rIST+(Nct,�p,/ 3. Drains along San Pablo from F. Waring to M. Falls `/ ? / / - 7s r -T 4. Drains/1)"Is at the Civic Center, Rec. Center parking lot and satellite yard �� y//� 2 Z ��. FT 5. Florine & Erin Drain on Comer. 13 , 49 £ 6. Buttonwood & Gazania on Comer , 00 F 7. F. Waring between Monterey & San Luis Rey Stside /3 /-3 Z . O FT 8. F. WarIng & Alaska two drains 9. F. War'Warho & Elkhom io ,r.FF 10. F. Waring & California Z113 Z. p 11. Goleta by the vacant lot '— Haystack Locations 12. Blazing Star drain io /Z 13. Wend of Olympic Dr clean out inlet & under sidewallc4rain that eon to hftaridfew. Portoia Ave Locations 14. 43-620 Carmel Circle 9'/ z. TV - 7 15. West of 43-620 Carmel Circle- 16. Palmilla Circle & M rsene S/west comer 74-383 Myrsin C-�' d✓i — — P.D. Country Club Locations 17. 77-455 Wyoming 18. 42-365 Warner — 19. 42-845 Warner ZD---- 20. 43-325 Wamer 21. Edinborough Elo Warner N/side i6 i 5' 22. California & Tennessee N/E comer £ 23. California at New York N/west side 24. Ave. of the States at Washington S & N side --y1- 25.77-286 Missouri &California on California `� 7-010 Kentucky Ave. r 13-510 Tennessee Ave. 7-245 California Ave.-- r ot 31 , fr, k.�t. '-9 /'0 'Z i / f MONTHLY CATCH BASINS / DYRWELLS This schedule requires the ditch witch for maintenance Locatlon flats CanmAr wf Then Ram r rms Fred Waring Locations 1. 43-820 Wildflower, dean outside the wall at the a of the white water channel / (� /,3 V - --t- � ir A Z. 2. Drains along Fred Waring from San Pascual to San Pablo north side T 1 -I I - 3. Drains along San Pablo from F. Waring to M. �� p / 3Falls 4. Drains/Drywelis at the Civic Center, Rec. Center parldng lot and satellite yard i3 16 /i r JT z 5. Fkxine &Erin Drain on Comer. IJ3 2- S. Buttonwood & Gazarda on Comer .0 Z 7. F. Waring between Monterey & San Luis Rey S/slde 8. F. Waring & Alaska two drains 9. F. Waft & Elkhom 10. F. Wating & California 11. Goleta by the vacant lot / Haystack Locations 12. Blazing Star draln 13.Wend of Olympic Dr dean out inlet & under sidewalk drain that g2p jkWs&YJew- Portols Ave Locations 14. 43-620 Carmel Circle 3F - - 3 0 4 15. West of 43-620 Carmel Circle R -,-Jrt- 16. Palmilla Circle & ene S/west comer-- 74-383 MyrsinP.D. Coun" Club Locations -�- t- 17. 77-455 Wyoming 1- - % -5— 18. 42-364 Warner !-- .--- 19. 42-845 Warner fe �- 20.43-325 Warner - 21. Edinpor h E/o blamer Wside - - !D-0 , lw 22. California & Tennessee N/E comer q - 15 -) 3 Z- 23. California at New York N/west side '! , 5- s c 24. Ave. of the States at Washington S & N side y 25 77-286 Missouri &Calffornia on Cardomia iq r / 7 Washington St. Locations v _+1 Vo.J\tl VM MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE §GH§DULE This schedule requires the ditch witch for maintenance Month: , Location Data Cmmnintaff Ttmn Pan rrmu Fred Waring Locations 1. 43-820 Wildflower, dean outside the wall at the edge of the white water channel 2. Drains along Fred Waring from San Pascual to San Pablo north side f r �� < jl ` • f 3. Drains along San Pablo from F. Waring to M. Falls 4. Drains/Drywells at the Civic Center, Rec. Center fkln lot and satellite and 1 1 • �� S K 5. Florine & Erin Drain on Comer. �- 6. Buttonwood & Gazania on Comer r1, 7. F. Waring between Monterey & San Luis Rey S/side 7// 913 ,Z}�i+'S --J ¢ FT 8. F. Waring & Alaska two drains • y y 5 - 9. F. Waring & Elkhorn • - 10. F. Waring & California , 11. Goleta by the vacant lot , Haystack Locations 12. Blazi Star drain- 13.N/end of Olympic Or dean out inlet & under sidewalk drain that goes to Mesa View. _ P_ortola Ave Locations 14. 43.620 Carmel Circle _ •'�-anrmia l..11L,rC Ol 'VFyF)a117 7wwr1sr l.Vrritir i. '4 383 Myrsin P.D. Country Club Locations 17 455 WyomLnQ �18. 42-365 Warner _Y^_ j 19.42-84§ Warner 20. 43-325 Warner 21. Edinborou h E/o Warner N/side �� - • . 22. California & Tennessee N/E comer I--- — 1 23. California at New York N/west side -7 - t 24 Ave. of the States at _Washington S & N side 25 7F- 86 Missouri &Califr)rria on California Washington St Locations j r � h MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE SCHEDULE This schedule requires the ditch witch for maintenance Month- .-\ i r., I Location Date Comoleted Time Rea. Crew Fred Waring Locations 1. 43-820 Wildflower, dean outside the wall at the edge of the white water channel r i 2. Drains along Fred Waring from San Pascual to San Pablo north side 3. Drains along San Pablo from F. Waring to M. Faits r 4. Drains/Drywelis at the Civic Center, Rec. Center lot and satellite yard 5. Florine & Erin Drain on Comer. ? { 6. Buttonwood & Gazania on Comer ; 7. F. Waring between Monterey & San Luis Rey Stside J i S. F. Warina & Alaska two drains . 9. F. Waring & Elkhorn 10. F. WarinQ & California , - 11. Goleta by the vacant lot - r s -Haystack Locations 12. Blazing Star drain - - 13.Wend of Olympic Dr clean out inlet & under sidewalk drain that goes to Mesa View. ' ; - Portola Ave Locations 14. 43-620 Carmel Circle 15. West of 43-620 Carmel Circle �- 16. Palmiila Circle & Myrsene, S/west comer 74-383 M rsinP.D. Country Club Locations 17, 77-455 Wyoming r 18. 42-365 Warner 19. 42-845 Warner 20.43-325 Warner 21. Edinborou h E/o Warner N/side S " F 22. California & Tennessee N/E comer w 23. California at New York Wwest side _ 4. Ave. of the States at Washington S & N side _ ,tM77-286 Missouri &Calffomia on California X. Kansas® missouriWashington St. Locations 1 iUlc�t-l� L� ,; 7� / 3 J C V .{11 r�jfifi-flv�r0 .i Milo g-. b MONTHLY CATCH BASINS / DYRWELLS MAINTENANCE EDULE This schedule requires the ditch witch for maintenance Month• � % Location Date Completed Time Rea. Crew Fred Waring Locations 1. 43-820 Wildflower, dean outside the wall at the edge of the white water channel ' ,Z• `L 1 2. Drains along Fred Waring from San Pascual to San Pablo north side 3. Drains along San Pablo from F. Waring to M. Falls - %i j S ,/'•--� , / 4. Drains/Drywells at the Civic Center, Rec. Center parking lot and satellite vard - \7- - 5. Florine & Erin Drain on Corner. -;Z - Z 6. Buttonwood & Gazania on Corner L - 7. F. Waring between Monterey & San Luis Rey S/side 8. F. Waripg & Alaska two drains - 9. F. Waring & Elkhorn 10. F. Waring & Californiay- 11. Goleta by the vacant lot N _ Ha stack Locations 12. Blazing Star drain - 1, Z 13.14tend of Olympic Dr clean out inlet & under sidewalk drain that goes to Mesa View. Portola Ave Locations 14. 43-620 Carmel Circe 15. West of 43-620 Carmel Circle •< - , 16. Palmilla Circle & Myrsene, Stwest corner - 74-W3 Mymin P.D. Country Club Locations 17. 77-455 Wyoming 3 2-365 Warner ----. 9 42-845 Warner -�- 20. 43-325 Warner 21. Edinborou h EJo Warner Wside 22. California & Tennessee N/E comer y. 23. California at New York N/west side 24. Ave. of the States at Washington S & N side- 25.77-286 Missouri &California on California �__ ------- T - 26. Kansas ® r Washington St. Locations Page I of 2 �. " Palm Desert Requen PUBLIC WORKS DEPARTMENT 73-510 Fred Waring Dive Palm Desert, CA 92260 760-34"611 CONFIDENTIAL INFORMATION Printed on 10/20/2014 Sblwt Maintenance (Public) - Nuisance Weber/Standing Water/Gutter Drama"" Request AddrtY, * Citizen Contact Information Sbeet M. The Summit Citizen Name: Ryan Gayler City / ZIP City, Zip: Det3lis Greenbriar, valley View, Spyglass, North View, Quay Hollow, Shady View, etc.. the O GIS Info streets south of Mesa View. 0 Request Details (Information provided by Citizen) Is it presenting an no Immediate danger to the pub9c?: 4 Staff Request Admin Request ID: 252M Priority: Normal Reaelved/Entered: 12/28/2010 4:57:23 PM Target Complete Date: 3/31/2o11 Status: CompieW Actual Complete Date: 3/29/2011 Color Request Source: ce: Taken by [Ryan Gayler] Rag' HOW: Staff (S) Original Assigned Starr: Gaugush, Cora Current Assigned Staff: Gailardo, Ed (See Actions Log for details) r j Staff / Citizen Action Log ACTION TAKEN am BY WHOM Staff Action: Catch basin and under sidewalk drain 29 MAR 2011 EGALLARDO daienin9 to that area was done 2-28-11 to 3-2-11. 11:11 �Action: Status was changed from 'Open' to 29 MAR 2011 ADO 11:10 Actual CwOete Date was changed from 'empty to '03/29/2011' Staff Action: Marc Greenwood has reassigned this 29 MAR 2011 MGREENWOOD Request to Ed Gatlardo on 3129/20117:55:49 AM.Reason 07:55 for Reassignment:' Phase confirm this work Is complete and dome the CRM..An Email has been sent to Ed Galiardo at egaJ1ardo@dlyofpahndesert org. Stuff Arlon: Target Complete Date was changed from 3 FEB 2011 CHEitNANDEZ 'i/11/2011' tb '03/31/2011'. Rears Contractor wiU do 12:06 dit work. He Is expected to start In February 2011 AZAMARRIPA httu://DMmdesert-CTm civir•aenH nnm/o.r...;., t_ . _.n _ Page 2 of 2 Staff Action: -Status was dwged from 'Reoehred' to 3 ]AN 2011 .Owl 09:22 Staff Action: Carlos Hemandez has reassigned this 3 ?AN 2011 Request to Aaron 2amarripa on 113/20116:32:47 06:32 AM.Reason for Reassignment: Schedule for con pletfon.An Email has been sent to Aaron Zamarripa at azamarripaOdtyofpalmdesert.org. Staff Action: Cora Gaugush has reassigned this Request to 30 DEC 2010 Carlos Hernandez on 12/30/2010 8:49:07 AM.Reason for 08:49 Reassignment, An Email has been sent to Carlos Hernandez at chemandezodtyofpalmdeswt org. Staff Action: Caros, This is the area east of Hwy 74 and 30 DEC 2010 south of Mesa View. Thank you. 08:48 Staff Attachment 2: 0 Staff Attachment 3: ft&AMXb= 0 Staff Attadiment 4: j&.W_6LULd= 0 CGAt1GUSH http://p ldmdeseTt-emLcivicawfLcom/admin/rnintAPn,,..or o�..�.......: �.,�..�., Of 13 A Page 1 of 2 CRY Of Palm Desert nulfs l�-I Service Request PUBLIC WORKS DEPARTMENT 73-510 Fred Waring Drive r !t Palm Desert, CA 92260 iJ 760-346-0611 ZIZai o pfo CONFIDENTIAL INFORMATION Printed on 10/21/2014 Street Maintenance (Public) - Nuisance Water/Standing Water/Gutter Drainage() Request Address Street Info: North View Drive city / ZIP Cross Street Mesa View Drive Defaft Storm drains bcated tr front of homes In The SummR at 48- 550 North View Drive and 48- 551 North View DrHe- > €tfzen Contact information CRizen Name: Janna Meinhold Phonel / RW*2: 76D-341-06M / na aty, zip: -- j GIS Info >Request Details 1Information provided by CtizenI Request Description: Reshfarrt clOn that the storm drains haws prim try grwo►b6 in them Mw aeroad cans dumped inside Musing poor drainage, Is it presenting an no Immediate danger to the pubk?: Staff Request Admen Request D. ReoNvedldutered: Target Complete Date: Aclrla! Complete Date: Request Source: 255M 8/16/201310:31:48 AM WW2013 8/21/2013 Taken by [Doran Evans] HOW: Staff (5) Priorily: Nonnal Status: Comphrted Color Rag: Orlgkra! Aid Staff: Geugush, Cora C MIW Assigned Staff: Reyes, David (See Actions tog for details) 4b Staff / Citizen Action Log ACTION TAKEN MU BY mom Staff Action: Task completed by Jesse P and Abel Z. 21 AUG 2013 DREYES 13:57 Staff Action: Status was changed from 'Remived' to 21 AUG 2013 DRYS 'Comp' 13:55 Actual Complete Date was changed hom'empty to '08/21RD13' Staff Action: Carlos Hernandez has reasoned this 20 AUG 2013 CHERNANDEZ Request to David Reyes on ti/20/2013 1:19:15 PM.Reason 13:19 for Reassignment; Schedule to have this drain cleaned, }IttT•//t1s11mriPCOTrJH'IYn;�r;n.�n..A ..,...../...��.�/ �_.r - _ _ _ _ _ . Page 2 of 2 thank you.An BW has been sent to David Reyes at d org. Staff Action: Cora Gaugush has reassigned this Request to 20 Auk 2013 CGAUGUSH Carlos Hernandez on 8120/20131:15:17 Pf4.Reason for 13:15 Reassignment Please sd*Mk for naintenanae. Thank you -An Email has been sent to Carlos Hernandez at orl. Safi' Action: Photos attached of location. Debris In storm 20 AUG 2013 CGAUGUSH drain Inlet Inhibiting drainage. 13:14 Staff Attachment 2: View Attachment 0 Step Attachment 3: YMiAM%fw= 0 Staff Attachment 4. OMLAUjdMM 0 Staff Attachment 5: View Anadoed 0 Staff Attadmtent 6: YkKAUxft= 0 }1tti)://DalMdeSert-CrM-CiViC9.Mft-C.nm/rAmin/rn4nfTRPn„ o+ o-+ Page 1 of 2 ti City of Palm Desert Sarvioe Request PUBLIC WORKS DEPARTMENT 73-510 Fred Waring Derive Palm Desert, CA 92260 760-346-0611 CONFIDENTIAL INFORMATION Printed on 10/20/2014 Street Maintenance (Public) - Nuisance Wabar/Standing Welber/Gutter. Drainage() ?l Request Address J Citizen Contact Information Street Info: 48550 N. View Dr Citizen Name: Gary Wiggins city / ZIP Phonel / Phone2: 760.341-7268 / na Details in front of above address City, Zip: ,to GIS Info �> Request Details (Information provided by Citizen) Request Description: Strom drain needs cleaning Is It presenting an no Immediate danger the the pubk?: Staff Request Admin Request ID: 2508" Priority: Normal Recelved/Enbered: 10/12/2009 11:56:32 AM Target Complete Date: 10/26/2009 Status: Completed Actual Complete Date: 10/23/2009 color Request Source: Taken by Podl Orton] Flag: HOW: Staff (S) },, Original Assigned Staff. Gaugush, Cora drrrent Assam Staff: Zamarripa, Aaron (See Actions Log for netaib) I41 Staff / G'bzen Action Log ACTION TAKEN WIM BY WHOM Staff Action. This request was assigned to Joe Rases a 23 OCT 2009 MZAMUDIO j Frank Duran It was completed on 10-21-09. thank You. 12:24 Staff Action: Status was changed from 'Received' to 23 OCT 2009 MZAMUDIO 'Completed' 12:23 Actual Complete Date was changed from 'empty to '10/23/2009' Staff Action: Carlos Hernandez has reassigned this 14 OCT 2009 CHERNANDEZ Request to Aaron Zamarripa on 10/14/2009 7:44:38 07:44 AM.Reason for Reassignment, Schedule this for cleaning, the phot straws a location In the wrong address. The drain at the 48-550 Is further north. The drain In the photo is not a drain fts an outlet which the Inlet is somewhere behind the homes which we do of maintain. There Is a drain Infront of 48-SM that needs some cleaning a the south end of the storm drain, some minor trash —An Emall has been sent to Aaron Zaman" at azomaMpa@cltyofpalmdesert org. SKNIGHT htft►•/Ms�lmris.eort�•rm niarinooni} n...« J.,.a.«:« /«.:«sD•.........a ...._�]_............� �_n cnot • , ., ,..,..,.,,, . Page 2 of 2 Staff Aefbn: Spencer Knight has masstd 06 Request 13 ocT 2009 to Orbs Hernandez on 10/13/2009 3:30:00 PM.Reason for 15.31 Reas§Wmmt Carlos: Is this the mo to maintain?.An E W has been sent to Carlos Hernandez at ctmm org. Staff Action: Randy Chavez has reassigned this Request to 13 OCT 2009 RCHAVEZ Spencer Knight on 10/13/2009 2:49:29 PM.Reason for 14:50 Realignment: Spencer, IW enclose a picture for the area. Sorry I gat trigger happy -An Email has been sent to Spencer Knight at simightodtyofpalmdesertorg. Staff Action: Spencer, we don't maintain anything in the 13 OCT 2009 RCHAVEZ vicinity. 14:49 Staff Attachment 2: View Staff Action: Spencer, we dont maintaln anything In the 13 OCf 2009 RCHAVEZ vicinity. 14:49 Staff Attachment 3: View Attachment 0 Staff Action: Spencer, we don't maintain anything in the 13 OCT 2009 RCHAVEZ vicinRy. 14:48 Staff Attachment 4: VWw 0 Staff vicinity. Action: Spencer, we don't maintankr aything In the 13 OCT 2009 RCHAVEZ Staff Attachment 5: View Attachmen 0 Staff Adiorn Spencer Knight has reassigned this Request 13 OCT 2009 SKNJGHT to Randy Chavez on 10/13/2009 8:21:54 AM.Reason for 08:22 Reassigarrent: Randy: Please take a look at Nm storm drain at the above address, take a picture, and let me know..An Stull has been sent to Randy Chavez at Staff Actba: Cora Gaugrsh has forwarded thls.Request bo 12 0CT 2009 CGMXRM Spencer Knight on 10/12/200911:56:32 AM.Reason for 11:57 Forwarding: I will be out of the office until Monday, October 19, 2009..An Ema9 has been sent bo Spencer Kdght at Orw hft://nahndeSM-CrMcivicmft.coon/admin/nwintReniwgt s;Qn?rFwrivPat;.t---I;AQAA n AMA"M A Page I of 2 CRY Or Patin Desert SWvioe Request PUBLIC WORKS DEPARTMENT 73-510 Fred Waring Drive Paim Desert► CA 92260 760-346-0611 CONFIDENTIAL INFORMATION Printed on 10/20/2014 Street Maintenance (Public) - Nuisance Water/Standing Weber/Gutter Drainages I> Request Address > Citizen :ontact Information Stream Info: 48SSO 948551 North View Citizen Name: ]anna City / aP Phonel / Mule2: 760-341-0683 / na Cross Street Mesa View City, Zip: Details Storm drains are located at above address. r"r`' ) Request Deter is (lnform.,uon provided by Citizenl Request Description: Stone draim hm phu is growing out at them. Is It presenting an no Immediate danger to the pubtk?: 4' Staff Request Admin Request ID: 25005 Priority: Normal Received/Entered: 4/4/2014 10:41:13 AM Target Complete date: 4/18/2014 Status: ConVAsted Ach Complete Date: Color Request Source: Taken by []odl Orton] Flag: NOW: Telephone (P) Original Assigned Staff. G3ughuh, Cora Current Assigned Staff. Gaugh.�str, Cora (See Actions Log for detahiM, Staff` / CMze- Action Log ACTION TAKEN MR 6Y WHOM Staff Action: Statr's was changed from 'Received! to 17 APR 2014 QGAUGUSH Completed' 11:18 Staff Actlon: Mark Gfeerwood has reassigned Oils 9 APR 2014 MGR®VWOOD Request to Cora Gaugush on 4/9/2014 3:S2:35 PM.Reason LS:52 for Reassignment; An Erne has been sent to Cora Gaugush at cgaugushOdtyofpaimdesert.org. Staff Action: Mark, See photos taken by Mike Brown this 9 APR 2014 CGAUGUSH morning, April 9, 2014. Thank you, Cora 11:15 Staff Attachment 2: Yfew AMachment 0 Staff Attachment 3: View AMUtjo�t Staff Action: Cora Gaugush has reassigned tilis Request to 8 APR 2014 CGAUGUSH Mark Greemvood on 41SM14 4:43:46 PM.Reason for 16:43 Reassignment: Mark, Rase advise. Thank you, Cora.An bUP://P8i11&sed-=.Civic=fLeom/admur/nrintRe.nrr r Page- 1 of 1 EXHIBIT "D" OdDber 10, 2D14 My/ natrte tS Alart Kaplan of Alen Kaplan Pool Serve in Palm Desert. l #loons serviced and mahithi -0 Pooh in The Sllarnnit develWnent for the Ma 30 yoears. 1 rnal<ftkled the Pool ate North View Dr lbr and his wife for Mveral yem Bore they moved out of the area in Feb of 2614. The property is now In 1 was � Mite CRY of Patin Desert **"a a�,el behind ih* hme and the city � dMh on the on Vv* the baolcyaend from the popertY a�flowed in Its trig r�6orrn of August 201& (saw waW pm saw the water rtst CAy dart the skgx and +n6ohs� t• � l also t#trorQh #v* yard and doom hill woe slow SPYGIMS lit,. I saw the rr go of the ut oof the gartoge withtSaorne. l deened the mud out tth�e� per, meted the pool � Pod WabW c the decdcirg foUow�hg tta s�orm. A od oCMAeetad FoTech co npany to clot up after the fluodag but he dd mast h1ra emnbecause.he high. was too f also main t8m otlw pools on Spyglass i.n and yapey Vtew tts,t back up 10 the drahWe ctermek � 1 have water erd erMe t�xtel � 1hroug t the 10 holes in the SrOM Pefb'tbW*jd�Car North blew Dr whenever there is a heavy rem. The gales are aknost ve Po � water' s!M homes t'�h thorn and goes, into the dharmel and the drama we the I have also seen City maIrterrarrce ar9ws cart up the dmnrm is d Wngge cd�tels several times In the 19Ws and the 19W9 but saw , ,the Christina Baine Dejardin Subject: RE: The Summit Storm Drain Maintenance - adjacent tom Olympic Drive From. Sent: October 14 14 4:02 PM To: Wendy Zumwalt Cc: Subjech-The Summit Storm Drain Maintenance - adjacent t0VAW0lympic Drive Hi Wendy, I've sent a short note to the City of Palm Desert asking that they not "abandon" us and our storm drain maintenance. We have one of those storm drains on the entire East Side of our property. There are several trees (on our neighbors side) which of course shed into the drain. Additionally, the entire Olympic Drive - seven homes - send irrigation water and debris several times a day down the cul-de-sac street into the storm drain creating smelly black sludge and standing water. I have cleaned out the drain myself - taking sacks and sacks of stuff out and putting it in the garbage. I tried using a hose to clean what remained but when that failed the city sent some public workers right over and cleaned the drain. They told,.me to "never" attempt to hose it down again or I would be fined. The public workers were very professional, prompt; taking less than half an hour to clean the entire drain, and repeated the process one day without even being called. I was very impressed with their work. I'm saddened and frustrated to think that I'd have to take on the task of keeping that awful black water and dirt cleaned up. (Last winter the sludge was so thick the water wouldn't drain through at all.) Thank you for whatever assistance you can give and I will try and attend the City Council's meeting. i Anno Christina Baine Dejardin Subject: RE: Storm Channels From: Sent: November 07 14 11:06 AM To: cityhall_citvofoalm s rtorg Cc: Subject: Sborrn Channels Honorable Mayor and Members of the City Council City of Palm Desert I own a residence at� Valley View Drive in the Summit development. We bought the home in 1997 and shortly after we moved in, we observed the storm channels weren't being very well maintained. But after a phone call to the city maintenance department, they quickly came, cleaned out the channels and have done a decent job of regular maintenance since. I am very disappointed to learn that the channels may not be maintained by the city in the future. Since the channels are an easement on my property for the city, I feel strongly they should continue to be maintained by the city. This is very important to me since we are only part time residents and depend on the city to see that large amounts of runoff don't inadvertently damage our property when we are not there. Respectfully, C GeraldW EXHIBIT "E" ,t h 141 ar 4 ..} 1� � -.+ � Y N .. �yy�. i� a � ��� .f: .� . ,Y �� V �: i is WOW 10. 2014 My nears Is Alen Kaplan of Alen Kaplan Pod Service In Palm Deeert I haw serviced and nuhbkW pods in The Slmrrrlt daMelawnw t%rthe IM 90 yeara. I rnetoab kW the pool do= North Vkw Dr 11or 91=IMMMwd his wife for wv&W yam before they moved otA ofthe area In Feb of2M4. The property is now In ibreclosum I woes pmettwhenthe clogged City of Palm Desertdmkgp cherrnel betrfnd their homeandthe City Wet dmh an tt* M sawrowason their properly ooe flowed in the big rabulmrn ofAWM 201& I ease► vnader pour tt> w #0" d #t*W wid dom rough Vwirside ya d kft boost " tdnsr. 1 ebb m akWm I Lm [am mud out ofthe drkvwmW and dew" wader art of the garage w9h bn0orns. I clewed the i out Of od, clKained the pod and deeded the Pool deddrg tbhowkap the saom Mr�oa�oacted Flood Tech compery lbo deem up War the $oo ft but he did not hke 9wn because the eeairraate was too high. I aw maifth odw pools on Spyglass to end VOW View that backup lothe drak»epe cherw els. L=�'h7�:�00 ber sneer l rom 8wha,gh thiew Dr wtatrathere let a heavy rata. The at0 Somtorn er>Id goes k>lbo the diarirtai and the draktwhen wa htwe skrdllCw ratistmrrrs. I have atao seen CRy nx*Aw sacs crews dean up Me dharntels perktSmlly owt w yea m. I se w Vwn clean the limb edge da vials severrrf tunes In the 19A0`s and the 19Ws but not in revert years Alan wmr Christina Bain Da'ardin Subs RE The Summit Storm Drain Maintenance - adjacent to4lMOlympic Drive From. Sant: October 1414 4.02 PM To: Wendy Zumwalt Subjs • The Summit Storm Drain Maintenance - adjacent Woo Olympic Drive Hi Wendy, I've sent a short note to the City of Palm Desert asking that they not "abandon" us and our storm drain maintenance. We have one of those storm drains on the entire East Side of our property. There are several trees (on our neighbors side) which of course shod into the drain. Additionally, the entire Olympic Drive - seven homes - send irrigation water and debris several times a day down the cul-de-sac street into the storm drain, creating smelly black sludge and standing Nater. I have cleaned out the drain myself - taking sacks and sacks of stuff out and putting it in the garbage. I tried using a hose to clean what remained but when that failed the city sent some public workers right over and cleaned the drain. They told me to "never" attempt to hose it down again or I would be fined. The public workers were very professional, prompt; taking less than half an hour to clean the entire drain, and repeated the process one day without even being called. I was very impressed with their work. Pm saddened and frustrated to think that I'd have to take on the task of keeping that awful black water and dirt cleaned up. (Last winter the sludge was so thick the water wouldn't drain through at all.) Thank you for whatever assistance you can give and I will try and attend the City Council's meeting. Mary Ann On=* October 19, 2014 City of Palm Desert: Palm Desert is a city to be proud of. This Is due, In part, to the excellent care from the maintenance crews that work to see that the vegetation is trimmed, the streets are paved and the public areas kept free of clutter. When we moved W the desert many years ago we chose to buy a home in Patin Desert We were attracted by Its neat appearance, parks and shopping, the lack of contention among the city council and willingness to listen to citizen concerns. My husband and I have been residents since 1977 and have resided in our current home In The Summit since1986. When we bought our house it had a cement drainage charvnel that ran the length of our backyard at the top of our embankment We were told it was part of a flood control eat owned by the city and they would be responsible for its maintenance. In the twenty-eight years we have lived here we recall only two Instances where ws saw evidence that someone from the city had cleaned the channel, and this was in the late 1980's. We, ourselves, have worked to keep the area dean of leaves, mud and other debris that accumulates in the channel. This has been quite an investment of our time and effort, especially since our property is the highest point and apex to the channel. To add to our labors, Big Horn Development dug a hole in our fence, authorized by -the city, to let water and debris drain from their neighborhood. Every time two is even a moderate amount of rain, or when they water extensively, we are left with a muddy mess rod to the hole. We were told the opening would be upgraded; we were even shown drawings of a structure that would be installed to help channel the water. This has never been built It is disturbing that Palm Desert has not lived up to their responsibility. They were quick to grant an expensive development permission to drill a hole in our wall to permit water and mud to flow from their property into our yard. Yet they do not appear to care how It affects the homeowners whose yard it broaches. I offer my support to the homeowners in The Summit who have brought their concerns about this problem to the City. ,'ins '�° >•1 r',; t 13 :. l ifMg A f. �y ,'«+yes. -1 y�J!��4•F yV''Y wv Ifit '- � •i.li � �y +yam. n c44ny,� �`-, :ca,+��4�;,�vt,, i��,:� ib�S�'' f'�;.h�� e k�`• ``�r�tt,, tx ��� � . �;�a �i ,fit: , '�!R, ��rJt a t"' , '� �^i�. � r "�'�t(fS ✓� 'Y r �b.., -t Mtl Rr•, �LG� -t +iX ,j'� f y, f ;• { Yr { (r,- � x � �� ty � T; ' �k r �„ ,yt.7 ` w.l � • � � v 't n'� v, r};�M � SY� ..y ydi"; y �F. � jar � ' _ :%� +M . r J � �,r• . r `+� .,. �� �n v�. ��, "" .;��;• ,�5 �ryt! r � �1s r it, '� �a��+�y ^J •� t �i.".nr 0�12 "-'r C' C����.���4.� �r :`:-'��.A� RECEIVED January 5, 2015 xy, (_ A �� K CITY CLERK 'S OFFICE g p�� PALM DESERT. CA t►t:3 ATE b ZOI 2015 JAN -5 PM 3= 31 To: Honorable Mayor and City Council Members Subject: Department of Public Works proposal to abandon the Summit I rainage channel easements It has been several months since the City of Palm Desert's Department of Public Works presented its staff report to the City Council with a recommendation to abandon four drainage channel easements in the development called The Summit. A quick review of the facts is in order before you all vote on this item: 1. The Staff report was created to justify the recommendation but instead it has been proven to be based upon false assumptions. The fact that it states that the channels are no longer useful, do not carry water, will not flood, etc have all been proven untrue by the letters, pictures, and testimony which you have all seen and heard. The report has never been amended and no new reasons have been stated to support this da—n. gerous recommendation. 2. The Director of Public Works uses a "technical error" in the thirty- ve year old paperwork to allege that the drainage easements were never actually "accepted" by the City. Using this reasoning, the streets were also not accepted and neither was the rest of the Summit drainage system. All were signed off on by the City Clerk, City Council, and City Engineers at the time. The City has maintained the Summit streets and almost all of the Summit drainage system for the last 35 years. Every homeowner in The Summit bought a home with the knowledge that the City of Palm Desert had easements for drainage. No one was ever notified that the City chose not to maintain part of the Summit drainage system (the four drainage channels). Those homeowners pay the same taxes as everyone else. We all see the City truck with its trained crew and professional equipment come to clean our drainage system every two months. We felt safe. 3. The Director of Public Works stated that over the years, at the request of residents, it has "occasionally" cleaned the channels. What he failed to mention is that several homes were flooded over the years, owners called_ the City, and then his staff came out and cleared out the channels. "As a good neighbor" was the expression used by Director Greenwood. In a July 18, 2014 letter from City Attorney Hargreaves to Summit Attorney Dejardin, the City Attorney states "over the last thirty-five years, on several occasions the City did assist homeowners in cleaning out the drainage ditch in emergency response to storm events". In reality, if the City had done its job for the last thirty five years and maintained those channels, those homes would never have been flooded. You heard testimony and received letters regarding at least three homes that were flooded within the past two years. The Summit drainage system is one interconnected entity with drains and channels that all Pmpty out on to City streets. 4. Now that the Department of Public Works staff report has been thoroughly disproven, the Director of Public Works focused on the "obstacles" that homeowners have placed in the four short drainage channels. At the last City Council Meeting, everyone seemed to blame those homeowners for placing objects in the channels. If the City had been cleaning and maintaining the entire Summit drainage system as it was legally bound to do for the past 35 years, those obstacles never would have had a chance to accumulate. City workers would have been using the existing City easements from the street at North View Dr and Valley View to enter and freely walk each channel. Any obstacle erected would not have been allowed to remain. The few homeowners in question have already been advised that the obstacles must be immediately removed when the Council votes in favor of the City maintaining the channels. Most obstacles are fences attached by a few bolts. They will be quickly and easily removed. 5. Director Greenwood repeatedly states that these four short channels are in the "backyards" of the homeowners. Easements are always across private land. This is not unusual at all. They are easily accessed via two existing easements from the City streets back to the channels. He repeatedly shows a slide of a view of one of the channels that allows you to see _into that homeowner's back yard. There are just as many homes on those channels that have high walls with landscaping on top. Those owners cannot even see the channels let alone access them. 6. Director Greenwood stated that nowhere else in Palm Desert are City drainage easements in peoples backyards. Those four drainage channels exist because they were required by the City thirty-five years ago. The ummit's developer submitted plans that were reviewed and approved by the ,City Director of Public Works, L. Clyde Beebe, in 1979. Upon completion, they passed inspection by the City Inspectors. 7. The City Council has received 67 form letters of protest, multiple individual letters, and many pictures. You have also heard testimony, all of which was in opposition to the abandonment of these easements by the City. In a small community of homes which is almost half absentee owners, this is an unprecedented outpouring of homeowner concern. We implore you to do the right thing. If you support the City, our 86 year old widowed neighbor will immediately be responsible for 800 square feet of unseen thick concrete behind her back wall. She will be liable for monitoring it for obstacles that have flowed behind her wall, for cleaning her part of the channel, and for repairing any cracks or leaks in the future. She will also have to depend upon her absentee and renter neighbors to do the same. There will be no coordinated oversight to ensure ongoing compliance. No one will protect her life and property against future flooding. One of the Council members said "don't you all have gardeners that can do this"? No, not all of us do. Many of us do not even have access. Many of us are seniors. Many of us do not even live here full time. Anyone who thinks they will be safe in a neighborhood where individuals are in charge of something as vital as a drainage system, isn't facing reality. The only rational choice for the Council is to vote to support the homeowners and deny the City its request to abandon the channels. The Department of Public Works did not present substantial evidence to support this drastic action. Also, they have no coherent legal reason for not having maintained these channels for the past thirty-five years. The trained City workers are already on site in the Summit with their professional equipment every two months. Your vote has to be for the health and safety of the Summit residents, not the convenience of the City Department of Public Works attempting to use a thirty-five year old clerical error to sidestep their responsibility. Thank you for doing the right thing, Donna Mandelstam 72691 Spyglass Ln RECEIED Greenwood, Mark CITY CLERK'S OFFICE From: Djdj4305@aol.com Sent: Wednesday, December 31, 2014 5:15 PM 2015 JAN -5 PM 3: 51 To: cdejardin@hoalaw.com; Wendy@albertmgt.com; Kilpatrick, Shawn; Greenwood, Mark; Rodriguez, Pedro; Aylaian, Lauri Subject: [SPAM] - Summit drainage easements December 31, 2014 Above Staff: City of Palm Desert: CC AOENDA PAS 5-A' 1 K" In response to Shawn Kilpatrick's letter dated 12/30/14, regarding Summit homeowners' failure to remove barriers across the drainage channels behind their homes, these homeowners have not been instructed to do so until after the City Council reaches a decision at the next Council meeting on January 8th, 2015. At the City Council meeting on November 13th, 2014, the Mayor and City staff stated that they were opposed to accepting the easements on the channels even though the City had signed off on the original plans in 1979 and required easements on these channels and drains at that time. At one point, the Mayor stated that " the City may perform a final, one-time cleanup of the channels, but would not even consider that unless all obstacles were removed to allow access by workers." Our HOA attorney, representing the homeowners, presented a package of documents to the Mayor, City Council and City Attorney, claiming the legal requirement for the City to clean and maintain the channels and drains. The City Council stated they needed more time to study and research the material. They postponed any decision on the matter until the next City Council meeting on January 8th, 2015. Since the City Council meeting on November 13th, the Summit HOA Board, including myself, prepared a letter explaining the history of the channels and drains, and the results of the City Council meeting. We have personally delivered this letter and discussed the matter with 14 of the 22 homeowners living adjacent to the channels ( one house is empty and seven homeowners are not living in their winter homes at this time). We also delivered a questionnaire to each homeowner requesting information regarding the amount of water flow in the channels, explaining the CC&R requirements to keep the channels clear and if they had a gate across the channel, their reason(s) for doing so. The homes with gates across the channel had dogs and needed the gates to keep the dogs in and predators out. Two homes had young children and wanted the gates for their security and to prevent swimming pool liability. One home had the channel filled with dirt and made into a planter - this homeowner has been advised that the channel must be cleared. We have also met with representatives of the Big Horn Resort on three occasions, studied the Big Horn drainage system, walked the perimeter wall from the Big Horn and Summit sides, and taken 65 photos of the walls, channels and drains. We have advised all homeowners present, that the gates or walls across the channels must be removed promptly if the City agrees to its obligation to clean the channels during the next City Council meeting on January 8th, 2015. We have advised homeowners to begin preparing alternative plans for securing their yards. If there are any other questions, I'll meet with any interested representatives or please call. Respectfully submitted, Greenwood, Mark From: Wendy Zumwalt [wendy.zumwalt@albertmgt.com] Sent: Tuesday, December 30, 2014 3:54 PM To: Kilpatrick, Shawn; Aylaian, Lauri; Rodriguez, Pedro; Greenwood, Mark Cc: Ritchey, Lorena Subject: [SPAM] - RE: Summit Drainage Easement. Hello All, We have sent letters to the homeowners and are working on this issue. Thank you, Wendy Zumwalt, CCAM Association Manager Albert Management wendvPalbertm2t.com 760.346.9000 — phone 760.346.9997 — fax www.albertmgt.com Albert Management Print this email only when necessary and thank you for helping Albert Management be environmentally responsible. This message contains confidential information and is intended only for the individual named. If you are not the named addressee you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E- mail transmission cannot be guaranteed to be secure or error -free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender therefore does not accept liability for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission. If verification is required please request a hard -copy version: Albert Management, 41-865 Boardwalk, Suite 101, Palm Desert, CA 92211 USA, www.albertmgt.com. From: skilpatrick@cityofralmdesert.org [mailto:skilpatrick cityofpalmdesert.org] Sent: December 30 14 3:36 PM To: laylaian@cityofpalmdesert.org; prodriQuez@cityofpalmdesert.org; mgreenwood@cityofpalmdesert.org Cc: Wendy Zumwalt; Iritchey@cityofpalmdesert.org Subject: Summit Drainage Easement. Lauri, Mark, I inspected the area as requested and found none of the homeowners have made an attempt to clean up the drains behind their homes. Areas remained impassable due to barriers, fences and landscaping. I am attaching photos take today. Shawn M. Kilpatrick Code Compliance Officer City of Palm Desert 760-346-0611 Ext 476 Greenwood, Mark From: Kilpatrick, Shawn Sent: Tuesday, December 30, 2014 3:36 PM To: Aylaian, Lauri; Rodriguez, Pedro; Greenwood, Mark Cc: Wendy Zumwalt; Ritchey, Lorena Subject: Summit Drainage Easement. Attachments: DSCN5377.JPG; DSCN5378.JPG; DSCN5379.JPG; DSCN5380.JPG; DSCN5381.JPG; DSCN5382.JPG; DSCN5383.JPG Lauri, Mark, I inspected the area as requested and found none of the homeowners have made an attempt to clean up the drains behind their homes. Areas remained impassable due to barriers, fences and landscaping. I am attaching photos take today. Shawn M. Kilpatrick Code Compliance Officer City of Palm Desert 760-346-0611 Ext 476 www.CitvofPalmDesert.org NWA Please don't print this e-mail; unless you want to!. Or r low. _. Al At .,,,; m�' , �. , 'ilk. _ . , '—.,.�,� �;k ---•—�..,. �� y r _t `"�. ^.^.. r.•,.1. �+r-. ''rAOYV�, r 4 _ ilk 9 �A n, ,i, i •'�, -Yb �� � ! '-Ka`ty �° \S] ml v .r •rl' r e t r r C �II a4° rY,` 'f ' R y!. : ; •� *�. t - its h� �..+ � � §` � ; •�f � �r ` +, ✓� .. rid �'..���. F+.a:, ` 1 r`t�. �c �i:._ v�y*4f a; r as .74 jf"� 777 7T 7T IV Ak .... . ... jf"� 777 7T 7T IV Ak .... . ... W " '-' t U— � . DECLARATION OF RESTRICTION C.���!A PACKET FOR BAHIA DEL SOL PIETiNBD�l�E g� THIS DECLARATION OF RESTRICTIONS is made this }! day of W, 1961, by SOUTHWESTERN ENTERPRISES., ;INC., •a California corporation (hereinafter referred to as the "pclar•t'"' ! ant") . , �,.. •. I,, W I T N E S 3 E T H: I A. Declarant is the owner of that certain real prop-' erty lor�ated in the City of Palm Desert, Country of Riverside, ; State of California, snore particularly describec) as:' Lots 1 through 5,.inclusive, `• Lots 21 through 25, inclusive, Lots 36 through 43, inclusive, Lots 74 through 110, inclusive, and Lots 1 58 through 161, inclus- ive, of Tvact 1.3008 as shown on a Map recor'Oed in Book 106, Pages 24 to 30, inclusive, of Maps in the Office of the County Recorder of said County-, B. Declarant desires to create and develop upon said real property ( and any additional real property; annexed thereto pursuant to this Declaration) a plan for residential planned development (hereinafter referred to as the "Project") consist-- � in,, of detached. single-family residences; C. Declarant deems it desirable to iinpose a general plan for the development, inainteriance, proL-ecLion, use, occu- pancy and enjoyment of trhe,Projoct and to establish, 4dopt and .11/3/80 ' 1/lz/81 impose covenants, Conditions, restrictions, easements,.reserva- tions, liens -and charges (hereinafter collectively referred to • as the "Covenants") upon the project for the purpose of enforc- ing, protectin and .g' preserving the value, dasiratility and at- ,; tr•activeness of same; '' �D� ,'� •i 'r arAr-it deems it desirable for the efficient enforcement', pro.tf)'06.ot, and preservation of the value, desirabil- ity and ve_ness-)�yf the Project to create a nonprofit cor- poraticilZ,aj}, i,ch shall,'...4 !dele:gated and assigned the powers of ,, , . admini`., ;p ping 'and enforcing -said covenants; SOL HOMEOWNERS ASSOCIATION, a nonprof i a corporz4tibn1t,:has been -or will be incorporated under the laws of the State of California for the purpose of exercising the afore- said powers; and ' F. Declarant intends to convey the Project, and any portion thereof, subject to ',--he covenants set forth hereinLelow. NOW, THEREFORE, Declarant agrees and declares that It has e:;tablished, and does hereby establish, a plan for the development, maintenance, protection, use, occupancy and enjoy- mc;it of the Project, and has fixedand does hereby fix the cove- nants upon the Project. Sach and all of the covenani:s•shall run, with tha land and sha.A inure to the benefit of and be bind- ing upon Declarant, its successors and assl.gns, all subsequent owners of all or any portion cif the Project, together with their grantees, successors, heirs, executors, Hdntinistratars, devisees and assigns. ` C f/ s ARTICLE 1, DEFINITIONS Section 1. "Project" shall mean and refer to all of that certain real property described in•Paragraph A of the Reci- tals hereinabove and all Improvements constructed thereon, and to any additional real property, including all Improvements con- structed thereon, whim is annexed to the real property de- scribed in Paragraph,A of the Recitals pursuant to this Declara- tion. Section 2. "Association" shall mean and refer to RAHIA DEL SOL HOMEOWNERS ASSOCIATION, a California nonprofit corporation, and to its successors and assigns. Section 3. "Owner" shall mean and refer to the record owner or the buyer under a conditional sales contract, whether one or more persons or entities, of the fee simple title to any Lot in the Project. The foregoing is not intended to include persons or entities who held an interest in a Lot in the Project merely as security -for the performance of an obligation. Section 4. "Common Area" shall mean and refer to a nonexclusive easement in favor of the Association on and over all Lots within the Project for purposes of ingress, egress, access and maintenance of the perimeter block mall of the Proj- ect and maintenance of the landscaping areas along Mesa View, Drive and the easterly side of State Highway 74 its shown on Ex- hibit "A" attached hereto and incorporated herein by this refer - once. Section 5. "Lot" shall mean and refer to, unless the 1. - 3 -• 0 0 context -shall imply otherwise, a separately described plot of land as Si18wn on the recorded subdivision map for�,the Pro}:act, and all improvement'o constructed thereon. Section 6. "Residence" shall mean.and refer to the individual dwelling and related Improvements which are designed.. and intended for use and occupancy as a single-fatily.residence and which.occupy a separate Lot in*the Project. Section 7. "Im2royements" shall mean and refer to.* all structures and appurtenances thereto of every kind, includ- ing, but not limited to, Residences, garages, carports, parking areas, sidewalks, driveways, fences, walls, retaining walls, decks, patios, patio'covers, poles, signs,'gazebos, swimming pools, jacuzzis, trees and other landscaping. Section S: "Common Expenses" shall mean and refer to the actual estimated costs to be paid by the Association for the following; (a) maintaining, managing, operating, repairing and,replacing the'Comm6n Area; (b) managing and 'administrating the Association, including, but not limited to,'compensation paid by the Association to managers, accountant,,,, attorneys and any Association employees; (c) providing utilities and other services to the Common Area; (d) providing insurance for the Cortunon Ar e:i and Association as provided for her' in.; (e) paying that portion of any assessinent attributable to Common Expenses not paid by the Owner. responsible for payment; :(f � paying taxes for the Association; (g) performing and executing all of the powers and ckit'ies of the Association; and (h) paying.for all other goods and services designated by, or in accordance with,. other expenses -incurred by the Association for the benefit of all Owners. Section 9. "Annual Assessment" shall -mean and refer to the charge against each Owner, and his respective Lot, repre- senting*a portion of the Common Expenses of the Association. Section 10. "Special Assessment" shall mean and refer to the charge against an Owner and his respective Lot represent- ing a portion of the cost of reconstructing any damaged or de- stroyed portion or portions of the Common Area, of constructing or installing any capital improvements to the Common Area, or of taking any extraordinary action for the benefit of the Common Area pursuant to the provisions of this Declaration of Restric- tions, or representing the amount due the Association based upon disciplinary proceedings against the Owner in accordance with the Declaration. Section 11. "Declarant" shall mean and refer to >OU1'H- , s WESTERN ENTERPRISES, INC., a California corporation, and to .any person or entity acquiring all of Decidran;;'r to.+serest in the Project (including all of Declarant's rights and obligations as created and established by this Declaration and the By -Laws of the Association) pursuant to a written assignment from Declarant which is recorded in the office of the County Recorder for River- side County. Section 12. "Mortgacle" shall mean and refer to a mort gage in the conventional sense and/or to a deed of trust, and i said terms may be used interchangeably herein with the same 111varl-. ing . { 1 Section 13. "Mortgagee" shall -mean and refer to a. parson or entity to Whom a mortgage is made and/or the benefici- ary of a deed of trust.' section 14. "Mortgagor" shall mean and refer to a person or entity who mortgages his or its property to another` and/or the trustor of a deed of -trust. Section Is. "City" shall mean and refer to the City of Palm Desert, Section 16. T+ie aforementioned definitions shall be applic;ible to this Declaration and +:o any supplements or amend- ments thereto (unless the coritext shall prohibit) filed or re- corded pursuant to the provisions of this Declaration. ARTICLE •III. ' OWNERS' PROPERTY RIGHTS ,Section 1. Every Owiier shall have a right and ease- ment of access, use and enjoyment in and to the Common .Area which shall be appurtenant to and shall pass with the title to every Lot. in the,Nroject. Section 2. Extent of Owners' Easements. The rights r and easement; of access, use and enjoyment :set forth in Section+ 1 hereinabove�shall be subject to the following: 1 (a) 7'he right of the Association to establish,: and enforce reasonable rules and regulations pertni•n- ing t-, the use of the Coimnon Area and the recreational facil;ties, if tiny, in the project; {-b) The right of the Association to charge reas•- C 41 onable admission and other fees for the use of the r. recreational facilities, if any, situated in the Proj- ect; (c) The Board of Directors, for and on behalf of the Association, may assess monetary penalties against an Owner and/or suspend said Owner's voting rights and right to use the recreational facilities, if any, for the period during which any assessment against said owner's -Lot remains unpaid; provided, however, the clue process requirements set forth in Section 7341 of the California Corporations Code shall be followed with •respect to'the accused Owner before a decision to impuse diSLipline is reached (to wit, the accused Owner shall be given fifteon (15-) days' prior notice sent by first class or registered mail, and the notice shall specify the reasons for the pro- posed penalty or suspension and shall provide an oppor- tunity for the Owner to be heard., orally or in writ- ing, not -less than five [5) days before such penalty or suspension is imposed by the Board of Directors), (d) The Board of Directors, for and u,r behalf of the Association, may suspend an Owner's voting rights and right to uye the recreational facilities, if such exist, for a period"not to exceed thirty (30) days for any infraction of the Assocl at-ioil's published rules and regulations; provided, however, the due pro- cess requirements set forth in Sectiop 7341 of"the -7- 1 r , ,r E I 1 r r• California Corporations Code shall be followed with respect to the.accused owner before a decision to im- pose discipline is reached. (e) 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 Owners. No such dedication or transfer shall .be effective unless (1) an instrument approving said I dedication or transfer is signed by Owners represent- ing two-thirds (2/3) of the voting power of each class of Members.and recorded in the Office of'the County Recorder, and (2) a written notice of the proposed dedication or transfer `• EI sent •' to every Owner not less thap fifteen (15)-nor than 'thirty, (30) days in advance; provided, hu:+ever, %bat tlie� di !dicatioro or transfer of easements fdr utilities shall not require the prior approval''of the,. M(.- t hers of the.` Association; I (f) The right of the Association, in accordance with its Articles, Hy -Laws and this Declaration, to borrow nioney with the apsent of two-thirds (2/3) of the voting power of each class of Members for the pur- pose of ijnFroving the Cotimion Area and rocreational facilities, if any, and in aid thereof to mortgage the Cotimon Area; provided, however, that the rights of. such mortgagee shall be subordinate to the rights of the Owners; v V. (y} The right of the Association to perform and exercise its duties and porters as. set forth herein; (h) other rights of the Association, the Archi- tectural Control. Committee, the Board of Directors, the Owners and the Declarant with re4pect to the Com- mon.Area as may be provided for in this Declaration; (i) Any limitations, restrictions or conditions affecting the use, enjoyment or maintenance of the Con -ion Area imposed by Declarant or by the City or other governmental agency having jurisdiction to im- pose any such limitations, restrictions or conditions. Section 3. Easements for Encroachment. There shall be reciprocal appurtenant easements of encroachment as between adjacent lots due to the un:vi l l ful placements or settling or shifting of the improvements con- structed, reconstructed or altered thereon (in accordance with the terins of the Declara- tion) to a distance of not more than .five (5) feet, as measured from a point on the common boundary between said adjacent Lots, as the c:-se may .be, along .3 'liiie oerpendicular to such boundary -L such point. In. no event; shall an easement for encroachment exist•. i1 such enr.rocuhnient occurred due to willful conduct on tho pat". of an Owner, tenant or the Association. Section 4. Ki.isements'for Utilities. The right.F and (ittlA vs of the owners of Lott, within the Project P J th respect Lo nevivr, wiiLvr, vlocL.-Ac:l.t.y, !leis <ind telcphonr. lines ,tod ut.hor• f ac- l f Lfi-s; �Jiall 1>e yovertivrl by Lhe fo.11,.)wfild; (►�) 1 is ;;lice 1l. !-.cr User duty of eelch r (.-Spec.ti ve util- 0- ity company to maintain its utility facilities and connectiont on any Lot; prov*dad, however, that if any company shall fail to do so, it shall be the obli- 4ation of each Owner to maintain those facilities and connections. (b) Wherever sanitary sewer, water or gas con- nections,•television cables, electricity or telephone lines are :,;stblled within the Project and said ccn- nections, cables and/or lines lie in or upon a Lot in the Project owned by someone other than the Owner of the.Lo": served by said connections, cables and/or lines, the Owner of the Lot served by said connections, cables and/or lines shill have the right, and is here- by granted an ease-ngnt to 'the full extent necessary f.herefor, to onter upon this Lot or to have the utility companies enter upon the ' I,ot in or upon which said con- nections, cables and/or lines lie, to repair, replace and generally maintain same whenever it shall be.neces- sary to do'so. (c ) 1.7honever sanitary sewer, water or qas c;on-- :'rectiorrs, television cables, elertricity or telephone l:nes are it t Uillad wit-hin the Project, and sf,id con- nections, cablen turd/or lines servo more than one Lot, the Owner of each l,ot served by said ronnf:ctions, ca- ble.; alld/Ur ljr.t?s -Lshall be. entitled to the full use urid can joymerrt; of such portions of amc as service. Iii s Lot. - l o -- (d) In the event- of a dispute between'owners r� respecting the repair or rebuilding of the aforesaid connections, cables and/or lines, or the sharing of the cost thereof, upon,written'request of one of such Owners addressed to'the Association, the mutter shall be submitted to the Board of Directors who shall de- cide the dispute, and the decision of the Board shall be final and conclusive on the owners. (e) Easements over the Project for the installa- tion and maintenance of electric and telephone,lines, water, gas, drainage and sanitary sewer connections and facilities, and television antenna cables and fa- cilities, all as shown'on the recorded map of the Proj- ect and as may be hereafter required or needed to -ser- vice the Project, are hereby reserved by Declarant, together with the right to grant alyd transfer the same. Section 5. Easements for Maintenance. for purposes of'rnaintaining the Common Area and t'hp Residential Structures as more particularly set forth herein, the Association through its dyly authorized agent,, or employees shall havo the right to enter upon any i,ot at reasonable hours on any clay. . Ir1 case of are emergency, f:uch right of entry shall be immorlinte. Section G, Basements Oyer.Sicleylalks. tioclaront here- by covenants for itself, 1 is yucce-.;sars rind as81gns' ,Wlat each and every Oviner, his tenants inid Jnvi fats shall Have nonexclub- J ve reci procal c��sc��nrnts. uppurl.�.n-ant to hi bot on and over, all sidt-w:Llks, if ally, located on 1,01,s within the.Nrojeci for pedes- w13 trian,•aecpss, use and enj.oynent,. -Section 7. Ease!ents for Drainage., There are here-- . --� by crated over each Lot in the Project easements for drainage aycerdirig 'to the,patterns for drainage created by the approved grading plans for the Project,•as well as according to the ac- tual, natural and existing patterns for drainage.' Each owner covenants and agrees that he shall not obstruct or otherwise interfere with said drainagj patterns of waters from adjacent Lots in the Projgrt over his L4:L-, or in -the, alternative, that in the event it is•necessary and essential to alter -said drain- age pattern for the prote6;i.on and, use of his -Lot, he will make adequate }provision for proper drainage. Secta.on S. Waiver of Use. No Owner may exempt him- self from personal liability for assessments duly levied by the Association, nor release the i,ot owned by him front the liens and gharges hereof for any reason whatsoever, including, but n6t limited to, waiver of the use and enjoyment pf the Common Area and facilities thereon, if any, or abandonment of hi,, Lot, ARTICLE -1I1 OVINLHS' ASSOC1ATION Section 1. Mumber5hiyEvery, per:aoii or entity who r or which is an Owner of a fvo or undivided fee interest in any Lot wh i c!, Is subject by covenants of' record Lo by the A:- so'. i ii t: i on shall be a. member of the Association, The f or•e-- (leai ng Is ooL i nl-.ondod I;(.) i ne l ude person:, or crab Li (!.S who Bold an int•.erost, in 11 Got i'n the Projcc:t merely as .4e.61-ity for the performance -of an obligation, S6;tion 2, Voting Rights'. The Associatipn shall have: two (2) classes of voting membership, as follows: rt , Class A.' Class A members shall bP all Owners, with the exception of the Declarant, and shall be en- titled to one (1) vote for each Lot owned. When more .than one person holds an -interest in any Lot, all such persons shall be members.' The vote for such Lot shall be exercised as they among themselves determine, but in no event shall more thy- one (1) vote be cast with respect to any Lot, Class B. Tt,e Class B member shall be the Declar- ant, and shall be entitled to three (3) votes for each Lot owned in this development upon .which beclarant is then paying the approprira►,e monthly assessments provided for hereinbelow. The Class B membership shall cease and be converted to Class A metnborship ,upon the happening of any of the following events, whichever occurs first; , (a) Mhen the total voi;es outstar;ding in the: Class A member'shi p equal the total votes out- sUnicli.ng in the ;;lasti' fl inember:,lri p; (b) The second anni.vcrsary of the original i s:su-i rc o cif' uiv moKt recently issued Public lie. - port. ir:..,,yd ff,r ;r ph,inv of the i'rgJeclt; or (r) The fourth (0 h) anniversary of the or'i riirriri i scsasrrnrle of talc Prtbl ie •fleport for the phase phase of the,Project. Any action by the Association which must have the approval -of the membership of the Association before being undertaken shall require the vote or written assent of both a majority of the Class.B membership as well as a majority of the Class A member- ship so long as there Are two (2) outstanding classes of Member- ship, unless a sp"cific provision of this oeclaration or the By --Laws or Articles of the Association requires the approval of a greater percentage of the voting membership. i i Section 3. Vestinq of Voting RiIpats. The voting rights attributable to any given L6t in the Project as provided' for tl+erefnabove shall not vfst until the assessments provided f , for hereinbeiovi have been levied by the Asnouiaticn against said Lot . I . I section 4. rransfer. The Association meWlerchip held by akv Owner of a Lot shall not be transferred,. pledged Or alienr ated, in any slay except upon the sgle of such Lot, and the inember1- ship, small' be Automatically t•rtansferred upon the sale o;'." such Lot. In the event of such sa?.�!, t?,, Association membership may • oily be transferred,, pledged or- '63ionated to the bona, -fide pour-- cha?ter of the Lot, or to the mortgagee (or third-parfry purchaser) Of MICh Lot UpOt, ..a fort closure: sale., Any att�:mpt to snake, a pro- hibited t'ronSfUr is void, and will not be reflected upon the: beaks and records of the hssociation. ARTICLE IV j POWERS AND DUTIES OF THE A$SOCr-A7'ION Section 1. Management Body. The`Assoeiition is here- by designated as the Management- body of the Project` The mem» „ 'bers of the Associationi shall be the Owners i•-,n the P`foject as provided herein, and the affairs of the Association s�,yall be managed by a Hoard of Directors as more particttlarly *et forth .n the by --Laws of the Association. The initial. Hoard of Direc- tors shall be appointefl by the incorporating Directors'pr th.ir successors. Thereafter,. the Directors shall be -olected,as pro-- vided in said Fay --Laws. ! Section 2. Pokers and Duties. ;The 0.sscciatio6, by and through its Hoard of Director;, shalll have the right end power to do all things necessary for the management and opera- tion of the Project;.. Subject to the prov;:sions of the Ari.i' Ies of Incorporation, the Fay --Laws of the Asso0at:ion, and -,this' Uec- laration 'of Restrictions, the, powers of this Association shall.. include, but shall not necessarily be limitod to, the'followi.ng Specific Picts; � i (al. General 'Powers, The'Association shall pos' I r• r• sessi, perform and exectite the following general powerp. and duties on bcthulf of all Owners in. the Proje-4 t: (i) , Flrovide. wai vr, sewe r,�,gas, a-1ceti'ielty,' gar'bu<}e arid,. tragh collection and other nv e,.f3ary � i.itiIIty sc rvice?}::Tt r LhV CommWj-.Arc4p, cand f%at:• Got:s iE stic:h �6urviad: irru.;ridt :soporatcel terod; , V N 11 Provide insurance f or';the- common Ar6a and the Association in accordance with the provi- slonsi.-of the Article hereinbelow en.titled "Xnsur- an6_*II; Paim, repair and'inaintain the' -peri- meter bloc K wall of the Project In a condition• c(•mparab)e to the condition originally approved by the City of Palm Desert., Notwithstanding Any-' thing. herein to the cq.ntrary, neither the - Associa- tion nor any Owner, *nor �-he agent or- employee of either, shall, without the pr4or written approval of the City, take* any,, -action which, would alter or .jnodify or in any way change the structural de�- sign, location or curidition of the `perimeter ,block wall. 'This rt-striction slYtill include, but shall not' be limited to, ''-airing any action which would cabse off % I or modify the perimeter wall, in a way which .-would alter or" affect existi nc., drainage patterns in and %aroqnd the Project. (iv.) Pay all real and personal propesity taxes and assessments which the Associrition is requi red to pay for *Pursudnt Co the terms and provisions of this Declaration or by law, urile*qis scparijtl:ly assessed to LW- Owners; provI.(J(;d, t1ow- over, that it s)-tall be the obligatic-ii of chch Owner to,,pay his respt L i v-, Wiar(. of the t sessinent levied on thee. Projbct prior to Fieparatc. assessments by the Tax Assessor pursuant to the California Revenue and Taxation Code Section 21e8.6; , (v) Provide adequate drainage for the Com- mon Area; (vi) Provide any other goods and services which the Association is required to pay for pur- suant to the terms and provisions of this Declara- tion or by law; (vii.) Cause financial statements for the Association to be regularly prepared and copies distributed to each member of the Association as fellows: (1) A pro forma operatf ng statement (budget) for each fiscal year shall be d.f s-- tributed not less than sixty (60) days .'be- fore the beginning of the fiscal yec r; (2) A balance shoot as of aii account- j i.ng date which is the last day of them month closest in time to six (6) months from the dr,te of closing of the first vale of a Lot, ond an operating stUtelaGnl for the p,:riod from the date of Wt.- first closing to the said dcrpunting date:, shall be distributed within sixty (GU) clzlys 'after the accountinc+.,. clat, c-. This operating shall. a schedule of assessinents received, and re-• \ --17- ceivable, identified by the number.pf the Lot and the name of the person or entity assessed; ` %3, An annual report consisting of ` the following shall- be distributed within r one hundred twenty (120) days after the olose of the fiscal year: , (A) A balance "sheet as of the last day of the•Association's fiscal year; (B) An o; gating (income) state-- , t 1 , meat for the fiscal year; L (C). A staternent pf changes in financial position for -the fiscal year; (0) Any information required to be reported pursuc. nt to Section 8322 of the catiNurnia Corporations Code. An external !audit by .an independent account-. ant•+shall be required for fiscal year financial • at•ativients (other than budgets) for any fiscal ,yoar�dv which Use -gross income to the Association exceeds Seventy --Five Thousilnd Uol l:.ar�; ($75 ; UOU } . lf. a -in ropor•t ,referred 0 .n subli arrrgr.aph (3) above !.:; not pi,ep,vred by an irid<epcnd(riit: rrruount- rlrrt., a U, sha) l be ue::omplinie d by tha curt;i f !!:rate• V an aktthori icd riff i cur• of thcr As.,;ot.- j aL i on that the s;tObIoments Were pro -pared wi t:hotit audi L t rortr -lti• V he books and records of the Association; (viii) Assume and pay out of the assess- ments provided for hereinbelow all,costs and ex- penses incurred by the Association in -connection with the performance gird execution of all of the powers and duties'set forth herein and any other powers and duties which the Association may -as- sume as provided for in Section 4 hereinbelow; (ix) Formulate rules and regulations for theoperation oV the Conmon Area and enforce all applicable provisions of this Declaration, the Articles of Incorporation, Sy -Laws and such rules and regulations of the Association and of all othe documents pertaining to the ownership, use, I management and control of the Project,; and (x) Maintain those certain landscaping areas along Mesa View, Drive and the' easterly side of State Highway 74 as shown on Exhibit "A" at- � tached hereto in a neat, clean, safe and attract- ive condition; provided, however, that the Associ- ation's obliclation h0reunder shall terminate at $uch tune as the iissociat•ion is denied access to the above -described landscaping areas, (b.) 2L)Lional hewers. The Board of bi•r•ectur.i;, `4 at i Ls option, may assuine. F vrform and execute Cho fol l owing powers and duties for and on behalf of <111 Ownurs in the Projects ,. ( i ) ite�ai ti a mtrnager f ot• the Common Area and provide such ot,her pers,.,nel its the Associa- ' Lion deems necess- and proper :to assist in the.. operation of the. l,baociation artd/or management r of the Common.Area,;regardlesa of whether such 1 personnel .are employed directly by the Associa- tion / r f tion or otherwise; i• j (i i) Remove any Improvement located 'on *the I Common Area when such Improvement unreasonably t Impedes access to the, Common Area; provided, hoi - . . ever, that the cost of such removal shall be ,charged to any Owner who caus•!d said Improvement to be placed on the Conunoh Area without leg4il right to do so;- (i ii) Subject to the limitations st:t forth in this Article, }provide any other' goods and ser- vices or pay any taxes or assessments -which in the opinion of the Board -of Directors 6ay'be nec- essary or proper for the operation of toe HssnI�ia- tion, ; for the benefit of the Owwrs, ana, for the enforcement of this Declaration. !iv) lnc:ur any liability or pay any•, cosL-i r or expenses for an Owner; provided, ho4:eve.-•, Mit in the event the Assocr i u •t i on does' i nvur any. ?such 5 l i�ibi l .i.ty or pray any si:c:h c osLs c,r expenses; tire.' amount, tlu:r•c-of shot 1 be spoc:i f is al ly 1 gelid ni;.t Liter l,ut Ct' ood ljy. said Owner; inrctvidedl ` t. furUic,r, howerve n, that nothing herc'i tt shall i)dr-• mit the Association to assess the Owner for any improvements or additions to the Project except as specifically provided in this Declaration. Section 3. Contractual Limitations. No contract en- tered into by the Association or the Board of Directors acting for and on behalf of the Association may run for a term longer than one (1) year, except with the vote or written assent of a majority of the voting power of the Association residing in members other than the Declarant and except as provided under Secti.7n b hereinbelow.,-Al 1 contracts must provide for - terr.ina- tion by either party without cause and without payment of a ter- mination fee on ninety (90) days or less written notice, and with cause on thirty (30) days or less written notice. Section 4. Emergency Cn�a. The Association, any person authorized by the Association, or any Owner may enter upon any Lot and into any Reridence in the event of any emer- gency involving illness or potential danger to life or property. Such entry shell be made with as little inconvenience to the Owner ap is practicable, and in the event that any damage shall be proximately caused by or result from said entry, the Associa- tion small r•epalr the same at its expense. Section 5' 8,11;ry for ?3r�rs. The Association,. or any person authorized by the Association, shall have the right to enLcr, uJ;or) rt-il(Wrral'le notice, upon any Lot and into any liesi- derrccs to affect repairs which the Owner has fai lc�d to perform. rn the event urry damage shall bc proximately caused by or result fr( im said entry, the Association Shall repiji r same at its ex- 1• pence\ section 6. Limitations on Board Action, The Board of Directors of the Association shall be prohibited from -taking any of the following actions, except with tha vote or written 1 assent of a majority of the voting power of the Association re- siding in members other than the -Declarant: ' ' t (a) Entering into a contract with a third person wherein the third person will furnish goods or ser- vices for the Association for a term longer .than one (1) year, with the following exceptions: (1) A contract with a public uti'Ai ty com- pany if the rates charged for the materials or services are regulated by the Public Utilities Commission; provided, however, that the term of the contract shall not exceed the shortest term for which the supplier will contract at the regu- lated rate; and (2) Prepaid casualty and/or liability in- surance policies of not: to exceed three (3) years' duration, provided that the policy permits for short -rate cancellation by the insured. All of the aforesaid eontrac:t.,� must provSda' fir � termination by ci ther party wi thcwt CauSo and Wi thf)ut payment of a termindtion feel on ninety ('40) duys or Iess written notirt!, and with cause on thirty ('So) days or wr•i Lt(!n not i c.1e. r 1 (b) Incurring aggregate expenditures for capital improvements to the Project in any•fiscal year in ex- cess of five percent (5%)'of the budgeted gross ex-• penses of the Association for that fiscal year; {c) Selling during any fiscal year property of the Association having an aggregate fair market value greater than five percent (5%) of the budgeted gross r • expenses of the Association for that fiscal year; (d) Paying compensation to rlemhPrs of the Board of Directors Qr to offices of the Association for I - services performed in the conduct of the Association's business; provided, however, that the Boa,%d of Direc- tors may cause to Board -member or officer to be reim- bursed for expenses incurred in carrying on the busi- ness of the Association; or ' (e) Filling of a vacancy on the Board of Direc-: tors created by the removal of a Director. Sect;on 7. In Use event that the Association shall delegate any or all of its duties, powers or functions to any Iverson, corporut lore or f I rill t.o act wi Manager, nei the! the Asso- Ciat:ion' nor the members of it,; Board of Directors shul l be 1 ia•• We fur ally ollil.i.- ion or improper rxercAse by Lhe Miinafjer of oily su1.11 duty, ')r,Yrt'17 cat, (1111vt oil ;o (it!]u(Jiltc'd. ;;r•c 1 i(111 It. 1,1v,.1Ist :;, r!hl. Boill-d of 1)11 ffwlors, rul. ;1tu1 oil 1)ehii1 f 1►f 111t• r -;,,t1(•.`,.hit Ion, 1:: .list lr►1 V.od r11111 1'llll}U'J)Y•1•,r(! tU tll'rlsl{. .�111.11 111'r'I1:t1'•�, r�,l:;t•tn� 111,!: r110 1.1(1111 (•)1 • ,cloy f ol• :,f-t•N•r 1 in+• ;, wnt.rtr' ) i 11r1„ 11111lu1•tlt 1)11n11 1•+n11i11i tit, :.t orill 111•.11n1. 111(1 ot:llrr public utility purposes over those portions of the Common Area upon which no building or other structure has been erected as may be necessary and appropriate for the orderly maintenance, preservation and enjoyment of the Common Area or -for the preser- vation of the health, safely, convenience and welfare of the Owners. Such licenses, easements and rights -of -way )nay be granted at any time prior to twenty-one (..21) years after the death of the individuals who have signed this Declaration and their issue who are in being as of the date hert.,i, and the right to grant such licenses, easements and rights -of -way is hereby expressly reserved. ARTICLE V COVENANT FOR ASSESSMENTS FOR TIW 1(sSOCIATION Section 1. Creat;ion "ofthc I,ielk and Personal obli.ta) tion of Assessment. Tho Declarant, for cinch Lot owned w1 thin r the Project, hereby• covenants, and cach Owner of any 1,oL by cic:•. � ceptance of a da�3;i tPlciS' for, whether or tint, It !shilll he aio i!x•• prossed in such deed, is ( oeit1.!tl to c.overiant and :I(lrr(• to pay to the Asfsociiitio-, (1) regular Annual As•;s(?f;:)aunt!;, .ind (,''l Special Ass(•s%itients for any imtiun or undgrtllkin(i on tilt, Ansoc, i it l;ion , i nc l ud i nr1, but riot 1 11II l ,ed 1.1, , (•c.1p i t(I 1 mvnts, such a gi;(.'f;!itlr(!ntfi to be est'.i110 i f:lu(fl and (•(,) 1 calf od i1!; (I(•ro. i11tx!i .'�: I:r•cvid( (l. The At)nual i)n(1 ';1�(•(:1.1I A!:fi( ;;f:uu•1)Lf;, Lru11•t.!)(�t wi t.11 111t.el.c.-A., oo';t n al)d rvilnoltill) 14, at.LOrney!;' (1.1•1i 11n, t.111• (..O I • lt�c!Lfol1 0 Ivr(?of , !31 Lnl 1 lu• ,I (!hlll•(iV Oil 1.11c• I,1,1 ,1,1.IIrr;1 t•1(I11.11 11 t!i �lfi!1!�f;f{(�(1 :Ili(1 �J)aI l )!(! it I-onf.i))Ilifill i )1.11 ,I(1,IIlint. ,1111 . Valli 24.. r. 1 r, "j such assessment, together with interest, costs and reasonable 11 attorneys' fees in the event of delirnquency,'shall also b,e the, personal obligation of the person who was the owner of si�oh prop erty at the"tfine when the assessment fell, due.. The personal „obligation for delinquent assessments shall not pass .;o his suc- "` cvssors in title unless expressly assumed by them., Section 2. Purpose of, Annual Assessments: Levy and Collection. The, -Annual Assessments levied by the Assoiatiotl ,shall be gsed exclusively to'promote the health, safe'L:. and wel- fare of the Owners in the Project and to pay all costs land ex-, t} Ipenses incurred .by the',Association,in connection -with (.he•ner-- formance of its powers and duties. The Association, by and,,, '.• through its Board of Directors, shall levy and collectfjassess- r ments-frsom• each Lot in the Project in an amount sufficient to cover all of' the Common Expenses incurred by the"Associ'at, -)n in , connection w!th the performance and execution of its polders -,and duties set forth' in this Declaration and in the Articlej- 'off Yn-- corporation. Annual Assessments shall be collected on a+imonthl•y installment basis. Sectio6 3. Maximum Annual Assessments. All L6,ts shall " share in .the Common Expenses of the Assocsiation *on .an equal basis. Un+ci 1 -January I - of the. year, •immediately f ol lowing. 'the. conveyance of : the. f i rgt, bot to an- Owner, the •`Maximum monthly installiftht -for the. Annual Assessment shall be that amount shown on the Association budget:. 'From and after, January 1 .of- the year r� Amnlediately following the conveyance - of the first lot,,to' an C.wn ce,the inwximum Annugj 'Assessment','iday not be ,increased by more „ i1 i . -25 --.. " (Y. •r than twenty percent (20%) above the maximufn &aaessm-nt fa,, the prev�-'�:s year without`''the vbte,,or written -consent rof a majgritry' of the voting powet,�•o� the Association residing -An Members other '! than the Declarant: Section 4. Special Assessments for Capital Im2ron-, ments, ��• ., 1' %(a) lit any fiscal year, the Board of Direct rs '1 may not, without the'vote or .wr,%tten assent of a major- ,ity ov'the voting power*'of the Association residing''' in members other,b:ian the" Declarant, levy Special As- !'v jolt k.sessments to defray the costs of any action or under- taking on behalf of the Association which in the aggre,"•l. gate exceed five percent (5%) of.the budgeted gross expenses of the 'Association for that fiscal year.' i Except as provided in subsection (b) below,.:every Spe- cial Assessment shall be levied upon the,.same basis 5 " as that prescribed for 'the levying of regular Annual Assessments. ' . (b) ',*tie provisions of this Section shall not t?e• applicable in the case where the 5per#ol Assessment ' All. against'an Owner is utilized by the Hoard of Directors to•reimburse the'Associatidn for coAs incurred .in Si bringing the Uwner and/or.his Lot into compliance with the Articles cif."Incorporation, Hy --Laws, Declaration of fiestric•t;ions or .4he rules and regulatipns of the Assoc i atj on. i, Section 5. Data of Commencement of Annual•Assesstnents: -26- \Due Dates. The Annual Assessments provided for herein shipll commence .as ''to all Lots in a Ph;ise l , whether or not any prove-.. ..ments•have been constructed on s,�id Lots, on the first day of the mgnth f'ollowing„the•first conveyance of any Lot in that phase to•'a'bona fide purchaser. i1'he term "Phase" as used herein shall mean 'and refer to'those Loth for Which a Final Public Fie - port has been issued,'by the. 0.;•lifornia, Department of' Raa] Estate. The first Ar_•:ual Assessments shall,be eJjusted accord- ing to the number of••m�)nths; remaining in tie fiscal year as set forth in the By, -Laws.' The Board of, Directors shall fix the amount. of*the'Annual Assessment agailns each Lot at least thirty (30) days in advance of each,,Annual�IAssessment,period. Written, yotice'o£ the Annual Assessment shall be sent to every Owner :subjp!at• theroto. The due deltes shall be.established by the ` Board of Nrectors. The Association. shall, upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a „.specified Lot, have been paid. If a certificate stat• .s an assess- ment has, been paid, such certificate• shall be conclusive evi- depce of such payment.. Section 7. Waiver Prohibited. No Owner may waive, or otherwise avoid liability for the assessments provided for. herein for any reason whatsoever, including, but not limited to, non --urge of the Common Area or abandonment of his Lot. Section 6. Exempt Property. The following property subject to this Declaration, except any Land or Improvement de- -27_ voted t.p, dwelling use, shall be,exempt V, ' m the assea4ments'here'- (a) . All "property dedicated Ito• and accepted by • ti " a vocal public authority; (b) All property owned by a",';charicable or non- profit organization expmpt from t�xation,by the laws' off+ -the State of California; and (c) All property owned by any,,public authority. A I. •ARTxCLE VI ."EFFECT OF NON --PAYMENT OF ASSESSMENTS: `) 1t. REMEDIES OF THE ASSOCIATION <• 1 sect. Effect of Non -Payment .of Assessments: Remedies of the Association. Any. aasessment.not paid within-.. ten"(7.0) days after the due date shall be deemed delinquent -'and shall bear interest from the due date at ten percent (10%);per, annum. ,. The Board of Directors, for and on behalf of the A,*socia- ;k 74 tzon, may commence legal action against the owner personally obligated to pay the same, or foreclose the.:lien against; his � {; Lot. Said lien may also be forec',loaed by a power of sale'or other nonjudicial procedure provided'for by the'laws of the State of California. !"1 Section 2'. Notice of Lien. No action shall be brough l; to foreclose''. said assessment lien or' to proceed under the power ►J1� rsale herein "provided less tt,ar} thirty (30)• days after the +" date a notice`of claim of lien,fis deposited 'in the United state s�' mail, certified or registered,,'postage prepaid, to the Owner of said Lot, aii a copy thereof is recorded by the Association -in the Office of''the County Ro corder of the- County in which the�� r Project is located. Said notice of claim must recite a good �1 acid sufficient legal descrip1hort of any such Got, the recoil �� I i� owner of reputed Owner there :sf, the amount claimed (whidh may, , 6t the Association's options include, interest on the unpaid as4, sessment at the highvsV. rats allowed by law, plus i euso..able attorney,' fees •xnd expunsfis of,collection incurred in connoc-� tion with tdebt secured by said lien), and the nume..,and ad-1 i -29- ' •a, dress qk ,tY,e' claimant.:}� Section 3. Foreclosure Sale. jpy foreclosure sale -provided for above is to be conducted by t'Pe Board of Director;, r: its attorney or other persons authorized by the Board -in accor}�j� ' i •. liJ ance with the provisions of Sectionsl•292�, 2924a, 2924b and 2924c of the California Civil Code, applicable to the exercise j, of Powers of sale in mortgages and deeds'of trust, or in anyj L 1r ott dir manner permitted by*. law. .The As'sociation, through dul;-Y authorized agents, shall,have the power to bid on the Lot at a >ioreclasure sale, a»d ''toi acquire. hold, 'lease, mortgage and con y ';he same. ' Section 4. Curingof Default. ',,.Upon the timely curing, ;J?' any default for which a notice ofi'claiul�or li6n was filed .,by, thr; Association, the officers. thereof are hereby'authorized !, ;ilk. tfile or record, as the case may ble, an appropriate release o: •; ylof such notice upon payment by the 4efaulting Owner of a fee Ito 4be determined by the Associationabut not to exceed Twenty-- + )Fivj' Uotlars ($25.00) to cover --the• hosts ofpreparing and f,il,i 1, ('or r'.ecording such release. Section 5. Cumulative Remedies. ThG Association's- I �r remedies :•Eor non-payment of assessnnrnts, including, but not limw iced �.o, an action to recover a mol ey judgment, {assessment liew t and right of foreclosure and sale,; are cumulative, -.and in-addi- ki 1 ; Lion t4l!,and. not in substitution oj; any o,4 her' rights and •remedies which the As•;ociation and its assfigns �nd;y have herd:under or at law.,. ARTICLE VII USE RESTRICTIONS The Lots shall be occupied and used only as follows: Section 1. Single --Family Residence. Each Lot shall be used exclusively as a private single-family residence. No Owner of a Lot in the Project shall use, cause to be used or ' per► 1. o,:*h.. s Lot to be Lsed directly or indirectly for any �Vsi- �,rmnercial, industrial, manufacturing, mercantile, stor-- a::r', <%,�nc ing or other non-residential purposes, except such temp- orpry uses as shall be permitted by Declarant while the Project is being ueveloped and Lots are being sold by Declarant. Not- J' vtjthstanding the,£oregoing, Declarant reserves the right, for a period of -five (5) years,from recordation hereof or until all �,;ots in the Project, including Lots located on any.Annexed Prop- ierty, are sold, whichever shall first occur, to carry on normal. Irsales activity on the Project, including the operation of models Wand a sales office. 1 Section 2. Compliance with Declaration of Restric- t tions, hrticles of Incorporation and by -Laws. All Owners shall be members of the Association dnd shall comply with all terins and conditions set forth' in the Articles., ui Incorporation, the By -Laws, this Declaration, and arjy rule or regulation which may be adopted by the Association. Use of the.(;ommon Area shall be subject to the provisions of this; Declaration and any rules ? and regulation's which nay be adopted by the Association, + 'Section 3. Signs. Subject to the provisions of Calif- �; .,` ornia Cl•vil,Code Section 712, no sign of any, kind shaX}l be dis-. 1 played to the public view on or from any Lot without -'tie approval of the'Association, except such signs as may be used•by+•Declar- ant for a period not 'to exceed five (5) years from recordation hereof in connection with the development of the' Project',and , sale'of Lots, and except one,(1) reasonable "for sale" or "fui•'7 lease" sign on any Lot; provided, he:aever, that all signs per- ;" �:.•' tlmitt6d under this Section shall -conform with any City sign:ordi-- ti _ pance . ` . Section 4. Anintals. 'No animals of , any kind shall be'eaised, bred or kept in or,upon any Lot, except that any Own- er may .keep two ..(2) dogs, cats car other,.coramon domesticated household Fees on their respective Lots, subject to any rules ' or regulations which may -be adopted by the Association; provided, however, that in no event shall any such pet be kept, bred or maintained .for any commercial purpose. , Section 5. Hazardous_ Activity. No, Owher shall perm!:. or suffer anything to be done Or kept in his Lot which will in- crease the rate of insurance on the C,dmmon Area without the-ap- • proval of•.the Association, nor shall eny owner permit ur suffer'••... '. anything to be done or kept: in his•;Lot or tc the Common Area � which will result in the cancel � at• ion of insurance on , the Cormnon Area or, which would be in violation of any law. 7f by reason of the orcupxncy of a Lot the rate of•insurance`for the Common Area shall be increased, the owner shall become personally liable for the additional insurance premi;am. -32- I Section 6. Nuisances. No Owner shall permit or suf- fer anything to be done or•kept upon his,,Lot which will obstrudtl• or interfere with the -rights of other Owners or annoy them by 1I unreasonable noises or otherwise, nor will he commit or permit f` many nuisance on his Lot or commit or,suffer any immoral"or il- legal act to be committed thereon. Each Owner shall comply with y all of the requirements of the Board. of Health and of ,all other governmental authorities with respect, to their,respective Lots. Section 7. Vehicular Narking. No Owner -of a bot'in the Project shall park,.'store or keep any vehicle on any Lot except wholly within the parking area designated therefor, such a's garages and/or driveways, Nay Owner shall park, store or keep and} commercial vehicle, recreational vehicle (including, but not 'Limited to, camper units, motorhomes, trailers, boats, boat .trailers, mobile homes or similar vehicles). or any vehicle other Ithan �a private passenger v,-hicle in or upon any portion of his Lot. The term "private passenger vehicle" shall include vans and campers up to and including three-quarter (3/4) ton.when used for everyday, -type. transportation. No Owner shall conduct major repairs or major restorations of any motor vehicle of any ' , kindwhatsouver upon any portion•of any Lot, including the gar- , . age spaces, except for emeryency,re:pairs thereto and then only to the extent necessary to.enablte movement thereof to a•proper i+epiiir facility. Garage doorh shall reinnin closed at' all times. when not in use, and each oviner-shall maintain his respective gar age _and drivewa� such that they are readily awd.•lable; for -33- 1i , parking: In,any event, all vehicles shall bq parked.,in iroPpli- + ante with City ordinances. ••Section 8. Other Buildings. 110 Owner shall --Perini G ' f! or Suffer any- oiltbuilding, t1int, shack, garage. trailer.,:. motorhome, shed.or temporary building of at-?y kind to be us,c>�; as a residence either temporarily or permanently. Section 9. Structural Chan es, There shall be,lria structural alteration,, construction or removal of any Re8•id3nce, �I fence, garage, -,wall, 0, other Improvement in the Projed� (except for permitted repairsfor rebuilding hereunder) wl,hout'�the ap- proval of the Architectural Control, Committeet-i a>a requi-redhere- in, except such works'of construction by Declarant duping the development of the Project. + ,. Section 10.�i.Air Conditioning Unit. •1Vo owner shall ' install an air conditioning unit, without the' prior written ap- proval of the Architectural Control Committee, wijio 'shall have, the right to approve+or disapprove the size, shape, noise level - and proposed locatioi of such air conditioning unit. ' Section 11', Leasin With .the exception of a lerider in possession of a Lot. following (a) a defa It in a first mort- . # is gage, (b) a foreclosure proceeding, or (c ) fI conveybnce or. other . �.. arrangement in lieu of foreclosure, no Ow ai, shall bo permitted t to- rent. or lease his Lot for transient o,�.'.hotel 'purposes.. No Owner may rent i)r- least{ less than the e!)tirer,, Lot-. All rental or leaae aelreement a �sh,al.l �e subject i�' all.. • resr�ects ,l u, �1;he pro � , ,�• vis�.on� of this Declaration of Restri ions, the Article{` of 1� P . ":A.'! .'yA:: . . ..: ,filti s:u,R;y�,u•; .. .,- ..." .._.1 .... .: ;IF•. ,i • 1)t !( l/ ' -.. - . .-- jncorporat ion, the'.By-Laws, and any rules orrrgu,,ations adopted by the As�.ociation,, and any failut°e by the i 0nant` or lessee to comply with the terms, o.f such documants "sha1.1, constitute a de- fault undeti the rental agreement 'or lease.. Ot ier! than the fox-e- ' ;_,going, the4e are' no restrictiona op,..-tike right �f an Owner to rent or ; ea'se his Lot. t SE-ction 12. • Drilling. No oil dri.i+q, oil develop- ment ment operation, oil refining,.quarrying or mining -operations of any kind I3hall be.permitted upon any Lot or Common Area, nor '-shall oil we�-Is, tanks, tunnels or mineral e�Cavat;ions or shafts be permitted�4on the surface of any Lot or w't injfive hundred (500) feet below the surface thereof. No'derrick }r other strut- . {. Lure designe4 for'use in boring for water, oii.;or 4atural gas shall be erec4d, maintained or permitted upo l' y ot or Common. Area. r' fi Section 13. Antennae. No Owner of a Lot1,shall install , f t�� or cause to be,insLallod any T.V. or radio antenna or'other simi- lar electronicireceiving or broadcasting devicl�,brn my portion r of the bxterior, of any Residence upon a Lot in ;the P-roject ex- cept as approved by the Architectural Control evmmittee. Section 14. Rubbish. No clotheslines, woodpiles, tools, rubbish, trash, or other wester mat:criall('* hall, be kept or permitted upon any Lot, except in sanitary contai�ners,'located in appropriate areas screened and concealed from vtfw.•` Section 15. Lot Maintenance. Each owner shell main - fain � fain his. respective Lot and the Residences located, thereon in a neat, clean, orderly, .safe, sanitary and.attractive'manner; pro- . - -- --- vided,'however,•that no owner, nor any agent o> /employee of any I• Owner, shall, without -the prior written approval of the Associa- tion and Oity of Palm Desert, take any action which would alter or modify or in any way change the struck,;ral design, appear- ance, location or condition of the perimeter block wall in the Project. This restriction shall include, but shall not be lim- ited to, taking any action which would close off or modify the perimeter block wall in a way which would alter or affect exist- ing drainagepatterns in and around the Project. In the event any such Lot or Residence is not so maintained, the Association shall have the right, but not the obl{gat-ion,'through its agents and employees, to perform such maintenance as more particularly set forth in this Declaration. Section 16. Completion of Project. Declarant may undertake t' develop and improve some or all of the Lots within -the Project, The completion of said Improvements and the sale, rental or other•conveyance of the Lots, whether or not improve- . meets have been constructed thereon isessential to the 6ptab-- lishment of the. Project as a residential community. In order that the Project be completed and established as'a residential 0 -36-- .community, nothing in this 'Declarat *on shall be underi stood or, . construed to: (+a) Prevent, Declarant ,from taking any'action which:it alone shall. determine to''be 'reasonable, essat,y or advisable to complete the Project;-'. t (b) • Prever)t Declarant' from erecting, conatruct-- r ing 'and maintaining onlany part or parts of -.he PrG- ject owned or controlled by Declarant -such Inprove- ments as may be reasonably necessary to cond%.ct the constructi)n of the*Project and to sell, lease or otherwise convey the hots; (c) Prevent Declarant'',from selling, leasing or otherwise copveying the hots in the'Project; or (d) Prevent Declarant from maintaining such sign- or signs on any of the Lots in the Project owned or controlled by Declarant for a period of time not to exc"d five (5) years from recordation hereof as may be necessary to promote`'the sale, lease or other con- . veyance of said Lots,ol }' ' Section � 17 , Without limiting the generality 4£ .the preceding Section; nothing in this Article or nlsewhere•.in this DeclaratiGn shall limit the right of Declarant to cc,mpl.;�te con- struction of the Project, to alte.r same, .- or to construy,:t such additional Improvements as neclar'ant deemis advisable - prior tp completion .and stile of the entire Project. The Declarant may assign any or sll of its rights under"this Declaration to any " successor to all or riy part of Decliirrnt:'s interest in the Pro- �+1. �ncorporat<ed in a }ect as, developer by an express aspignme0t, recorded deed tranriferring such interest to such successor. ARTICLE VIII ARCHITECTUlkL CONTROL Section 1. Architectural Approval of Proposed Improve- meets. Except for normal. maintenance and r,'epair, no Owner !'shall (a) build, construct, erect, install or attt�cb any Improverpents or (b) change or otherwise alter the'exteritir of any Residence in the Protect (hereinafter collectively referred to as't)ie "pro- posed improvements"). Until all conditions which*may be imposed by the City have been saiiisf ied and until th'e'plank: and 'specifl- I cations showing the nature, kind, color, shape, dimensions, ma- terials and location of the same'shall havO!been submitted to and approved in writing by the Architectural Control Committee (hereinafter referred to as the "Committee'') provided'for herein as' to harmony of External design and location'.in re? -tion to Surrounding structures and topography. Ili the, Laid Commit- tee, o•r its designated representatives, sha' approve or disapprove such design and location in wri•--) thirty (30) 'days after said plans and specification.' _,ebeen sub- mitted to it, approval by said Committee wil'i-not"be",,required. Section 2. Powers. Approval of the plans a(id speci- fications for. any proposed improvement may be withheld Oecause of 0.) non-compliance with any of the specific covenants,: condi- tions and restrictions contained'in this Declaration; (2)'.the reasonable dissatislaction of the Committee with the.plan, color 0 IF scifeme, finish, design, proportions, architectural style, -,shape, dijnensions, materials to be used therein, pitch or type•of roof proposed to bc� placed thereon, size or'location of trees or other landscaping on the Lot, and/or a4ppropriateness of the pro- posed structures and altered structures; or (3) t;he'reasonable dissatisfaction of the Committee with any aspect of the proposed improvement which,in the reasonable judgment of the Committee % will render the proposed improvement inharmonious or out of keep- . ing with the general plan of improven,=t for the Project or with " the improvements erected on neignboring Lots. The approval of any such work shall be•deemed conditional Upon the commencement of such work within ninety (90) days after such approval. There- after,, work thereon must be prosecuted diligently to completion within a'reasgnabie•time and in any event before the expiration of any reasonable period as may be specified by the Committee. Sedtion 3. Architectural Control.Committee. The Ar- chitecturaI Control Committee is hereby authorized to exercise the rights ;and powers set forth in this Article. Said Committee l• shall con&fist of three (3) members and each member shall serve for a ter,u of one (1) year. In the event of the failure or in- ability act act of any.,member of the Committee, the remaining members /shall designate a successor who shall serve,•for the re- mainder/ot' the term of the melnber tie replace}-. '11►e,,Jeclarant shall ,�ppoipt all of the original members of �,he Commi ttee aliu- , all"rrplacrlments thereto until the first anniversary of the issu-- once of ' the original Public Report for the fir•sti.t (or only) phase of f,e Project, and further,. Declarant reserves..the power to l� - 39 u appoin.t a majority of, the membeft of the Committee until ninety . ,,percent (90%) of -all Lots in the Project, including hots located on any Annexed'Property,, have 4een solo or until the fifth (5th) anniversary of the issuance of the Final Public Report for the , ,first (or only.) -phase of the project,.whichever first occurs. After, one year from the date of the issuance of the original Public Report for the first (or 'only)- phase of; -the Project, the Board of.Directors shall have the -power -to appoint one (1) mem- ber to the Architectural Control Committee until ninety percent (90%) of all Lots in the„Project, including Lars located oniany Annexed Property,'have been sold or until the..fifth (5th) anni- versary date of the original issuance of the Finll Public Report for the first (or only) phase of the"Project, whichever first, occurs. Thdreafter,the Board of Directors shall have the power .tq q?ppint all of the members of the Architectural Control Com- mittee. Members appo}nted to the Committee by the Declarant and/or the Board of Directors need not be members of the Associa- tion. No member of the gommittee shall be liable to any person for his decisions or failure to,act in Leaking decisions as a member of the Committee, Declarant may in its discretion and at any time assign to the Association by written,assigipent its powers of removal and appointment with respect to the Committee, „ , -subjev t to such' terms and conditions regarding the exercise thereof as Declarant may impose. iSection 4. Inspection of Work. (a) Immediately upon the completion of any con•- Istructidn, erection, installation or alteration of any - N 0 - 1 '•� Cr' l:,..,> ,., - . - . - �.. ,,.tip • - .a ;;, ;, proposed improvements., or upon: the completion of any \ other .work for which approved plans are required under' ' " • this Article,.• the Owner shall give written notice to the Committee. Within sixty (60). days ,.,thereof after re;;e�.pt -of su*:h notice, the,:Committee, or its duly authorized representative, may inspect.the com- ;, pie•ted improvement to determine whether it was, •con.-• strvNted, erected, altered or installed•in substantial ,• compliarae with the approved plans. If the Committee , ' or its duly authorized representative shall fail to inspect the completed improvement within said sixty (60) dray 'pzruod due to no fault of the .owner making such improvement-,. then such. J. t,provement shall be 'de.emed to comply with All of.the terms and provisions, ' of this Article.• 1f, however•, the Committee shall irppect the completed improvc-ment and determine that , such improvement was ndt constructed, erected,. altered , ' ur installed in %tAbstantial; ,c:ompiiance with' the ap- "' proved "plans, i t all notify the Owner in writing pf such ncn-compliance within- ten • (10) days "after the".. date, -of the inspection, specifying the particulars of - ` non--cbrnplxa,ice. %b) If upon the ex:Arat•ion of thirty (30)' days fran the date the owner is notified of such noncompl3- , anc,•e, the Owner shall have failed to remedy such non-- ccAnp 1 i.ance , , the Committee shall. then report such fail -- vre to the Board of. Directors who shall tie authorized .. -41- li •. • f) tt tl llt{� to take such action against said Owneal'as,•,is'deemed appropriate, including the filing'of a suit declgring said noncomplying improvement to'be a nuisance and for abatement thereof. Section 5: Approval Not Waiver. The approval by the ' S Committee of any plans and specifications for a proposed improve- . ment on any given Lot shall not be deemed to constitute a waiver ; . by the Committee of. -its right to object to any -features or ele- 1 ments embodied in -ouch plans'and specifications in the event !- said features or elements are embodied in subsequent plans and specifications submitted to•the Committee for approval for use, f!1 on•,'other Lots. � ' Section 6• p-resur*cd Approval. For the•benefit only ; iof bona fide 'purchasers:,and encumbrancers for value, notw1th7 /Istanding'any other provision in this, Article, should any Owner jJ fail to notify the Committee. of the completion of a proposed improvement as providers for hereinabove,• from and after the -one (1) yoor.anniver-sary of the completion of the improvement, the , 1 completed improvement shall be deemed to comply with all of the terhis and provisions of this Article, unless a notice on noncom--,. pl_iance or noncompletion, gxecuted by the Ce.rmit•tee, was of pub- lic record in the office of the County Recorder, or legal pro-. ceedings had been commenced to enforce compliance with these provisions prior to said sale or encumbrance. .. Section 7• Release. Neither the"Declarant nor,its I' successors or rss'igns, nor the members of the Committee or the ri Board of Directors, shall be liabll to�any individual and/or. j r. entity for any mistake in judgment, negligence or nonfeasance in connection with its approval,• disapproval or failure to ap•• prove or disapprove any plans or Specifications. Section B. Architectural. and Landscape Control._ „ (a) Subject to the lispecific. provisions set forth hereinafter, no fence,- hedge,, hedgerow, tree, shrub or other landscaping or i.nstall'ation shall. be plaAed, i � erected 'or maintained on any Lot in such location or of such`heiglit so as, in the opinion of the Committee, r� " ` to unreasonably obstruct the view from any other Lot r in the Project upon which a dwelling is or shall be constructed. However, all buildings, structures and/` • ii improvements originally constructed by Declarant,.:''_ ' or its successors or assigns, shall be deemed not,;to r ' unreasonably obstruct or interfere with 'the view,�,on any Lot in the Project. -No tree, shrub or other plant- ing of any kind shall be allowed to overhang dr other- wise encroach upon any sidewalk or pedestriap*i way Kith-' rrr out the prior written approval of the Committee. 'No weeds, rubbish,debris or' other materialsYshall/be /r placed or. permitted to accumulate upon any pq, tion---, of a Lot in a manner which, in the opf.nion of,.the Com- � r mittee, renders the Lot unsani.tary,,unsightly., offens- ive or a fire hazard. (b) Each owner agrees far himself and his sue- , ' cessors in interest that he will not in any way inter- , fere with the established drainage pattern over his 1 -43- W „ Lot from adjoining or other Lots, and -that he will „ make 'adequate provisior�s for proper,drainage in the i.� `ti event it.is necessary to change the establ i shed. drdin_ „ age over his Lot. For the purposes hereof, "estab- lished" drainage is defi.neO, as the draainage which existed at the time the overall gradi.ng.for the Proj--,.,' ect was cr4npleted• by Declarant. !� (c) In the event 'of the failure of any owner. to comply with any of the foregoing requirements (which failure'shall.be regarded as a nuisance), the Commit- ,• . tee or its duly authorized agents shall so notify the ` .,owner and direct such owner to do•�:whatever work is necessary to secure ;;ompjiance with this Section. If within thirty (40) days after such Owner's receipt, of said written noiAce, the Owner's Lot still does not conform to the requirements of this Section, the committee or its duly authorized agents shall. have the<righL" to enter upon said Owner's Lot and perform i any and all acts necessary to place said Lot in com- plianc? w�th this Seai:,iv:z. T}ae Owner, 'af the Lot upon '' which said work is performed shall be personally lia- ble for all 'cysts and expenses incurred by the- Commit-- . , in takiatg such coi.•�•ective .acts, plus ali costs incurred in callecting-,'It_be amounts due, Each Owner shall pay all amounts dt;e for work. performed -by the Commi tee pursuant to this Section wi thin .five. (5 ) 'days after receipt of.written demand thereof. The -44- ;` .. f! /� ... •.. a .1:^ "-i•. . ) r - _��t,,' `, 1' ;f . , -• r •- .. Committee or its representative may, Arok'..time to tim' 1 at any reasonable time, enter upon and inspect any 4 - �,, hot subject to this Declaration for the purposes:Iof . i. ascertaining.compliance therewith. Section 9. 'SpecificBuilding Controls Applicable to Construction of Single --Family Residences ar.d Auxiliary•Struc•- tures. In addition to all other'regulations and controls set forth in Declaration, the followirig regulations and controls f, !1 shall apply to the construction :%f Single -Family Residences ,and Auxiliary StMintures. + (a) All plans and sec-ifications which pertain P p p to any such -building shall hive'been prepared by an t . architect, engineer or building designer licensed or certified as such under the laws of the State of Cali- fornia, unless otherwise consented to in writing by the Committee; {b) All plans, specifications or other mattar referred to hereunder shall be submitted to the Commit- tee in duplicate and shall be delivered, together with • written notification of the address of 'the party sub- mitting the same; (c) Any approval, disapproval, designation; ac- tion or Consent by said Comriiittee under this Article shall .be by certificate stati.pg such approval, disap-' prov4l, designation, action or consent as having been Joined and in consented to by at least a majority of the members of said Committee, • signed by such consent-- 1 r � i ng members and such written approval, disapprove?., -45- —, It .. it , . •r.- it i designation or action by said majority of the members of said Committee evidenced,by such certificate shall bel"deemed to be and shall be the action of the"Commit- tee; and said certificate shall promptly after'execu- tion th,Areof 'be mailed' with postage prepaid, or de- livered to the address, if any, designated by the par- ty submitting the plans and specifications or other fatter.- Any approval, disapproval or other action taken or deemed to be taken by the Committee hereunder ..shall be final and shall not be appealable. (d) one set of said duplicates of said plans and specifications or other matter so'submitted to i said Committee maybe retained'by said Committee and the other set thereof shall have theapproval or disap- proval of the Committee, as the case may be, endorsed ; thereon and shall be mailed, with postage prepaid, or delivered promptly after such approval or disapprov- al to the address, if any, designated by the party submitting the same; (e)* An application fee shall be established by T -- said Committeo to cover the Committee's- internal cost'Of. an.4 expenses in connection riith the review of the bp, - I, plication, In addition thereto, if the Ooinin,ittee ,II deems it advisable to hire tho services of an engineer ` or an architect to -review the submitted }Mans, the 'j owner ,hall pay all reasonable costs therefor., f � I� -46- I rS.. f Section 9 . Hui ldAngs (a) No primary building shall•:'•be',erected, al- tered, placed or permi-tted to remain on any').ot other than one detached single --family dwelling not to exceed'' one (1) story in height or a total of eighteen (18) -feet, whichever is less, together with a private gar- age for not less than two (2) nor more than four (4) , i' cars, which, subject to the }provisions hereof, may or may not be attached to the primary building, and acces- sory buildings. (b) The aggregate minimum livable are-3 of all:' primary buildings constructed or erected on any Lot shall not be less than twenty-one hundred (2100) ., square feet; cellars, basements, balconies, patios, porches and garages are spi6cifically excluded from inclus_on in minimum livable area. Section 10.- Committee's Certificate Under PJ title VIII. Any approval or disapproval of any plans and specii4ca- Lions or plan or specification or other matter by the Arcj�itec- tural Committee given or inade pursuant to the provisionsr,of this. Article which is evidenced by a certificate signed by at''least two (2) members of said* committee shall be irrevocable and shall noti be subject to change by, the Committee, and may be conclusive - including, but not. limited i, relied upon by all parties, i:�, an owner, lessee or purchaser of the Lot for whir.-h the certifi- cate is issued and/or any lander or title company. Any such -47- certificate may, be recorded by the Committee in the office of !1 the County Recorder of Riverside• -County. Section 11. Trimming and Removal of;'Prees and Shrubs. No tree on any Lot, having a height of 'thirty..(30) feet or more 13 above the ground, shall be trimmed, cut back, removed or killeol �. except with the prior.Written approval of the Committee, The committee shall have the right at any time to enter i,n or upon any part of a Lot for purposes of cutting bark trees or other -plantings which, in the opinion of the Committee, is war)^anted }<< .o maintain the view of,• and protect, adjoining prop6rty. i Section 12. Compliance with Governmental Regulations. Notwithstanding anything herein to the contrary, all Owners shall coiaply with all applicable governmental regulations and shall obtain all required permits and licenses. 9 4 ARTICLE IX DAMAGE OR DESTRUCTION J. Section 1. Damage to or destruction of a).1 or any portion of the,•Common Area."shall be ijondled..in the following " manner: (a) In the event of damage'or destruction'to.the Common Area and the insurance proceeds are sufficient: to effect total restoration, the Association shall, as` promptly as is practical, cause the Common Area to be repaired and reconstructed in a good workmanlike man- ner to its condition prior to such damage or aestruc- t i on . , (b) In the event of damage or destruction to the . Common Area and the insurance proceeds available are less than the estimated cost. of total restoration and repair of the Common Area, the Association shall, as promptly as practical, cause -the Common Area to be repaired_ and reconstructed ir. a good workmanlike man- ner to its condition prior to. -the destruction or dam- age, and the difference between the insurance proceeds .and the actual cost shall be levied by the Association as a Special Assessment equally against•each of the + Owners. I Section 2. In the event any excess insurance proceeds remain after any reconstruction or clearance of the damaged or, destroyed Contemn Area by tt-te Association pursuant to this Arti- cle, the Board of Directors shall retain such suns in the gen- eral fund of the Association. -49- ARTIOLE X OBL CATION TO 'LANDSCAPE, MAINTAi& REPAIR AND .REBUILD' Section 1. Duty to Lands. Subject to the provi- sions of this Declaration regarding Architectural Control, each Owner shall landscape at his sole post and expense all portions of his respective Lot on or,before'nine,t(9) months from the ori- ginal conveyance of said Lot by the Declarmnt. In the event any such Owner shall fail to'so landscape his Lot, the Associa- tion shall have the right, !but not the %?bligation, to cause said 'Lot to be landscaped in a 14eat and attractive condition, and the cost thereof shall be+!levied by the Atsociation against said Lot as.a Special Assessment. After instal,�ation, all landscap- \ Q l; NZ i.,sg shall be maintained by. the Owner in a neat, clean, safe -abd ' attractive condition at all times. Section 2. Maintenance by Owner. Subject to the pro--. visions of this Declaration regarding Architectural Control., (each Owner•shall-at his sole cost and expense maintain.his Lot and all Improvements located thereon (including his Residence) in a neat, clean, safe, attractive, sanitary and orderly condi- tion and shall make all structural repairs as they may be re- quired ir, accordance with this Declaration. In the event any Owner shall fail to maintair, his Lot and/or the Improvements located thereon in accordance'�lith the provisions hereunder, the Association or its authorized agent shall have the right, but not the obligation, to enter upon the Lot and to perform all necessary maintenance and/or repairs. The cost of such work shall be levied against said Lot as a Special Asseosment. Section 3. Duty to kibuild. If all or any portion of'a Residence located on any Lot is damaged or destroyed by fire or other casualty, it shall be the duty of.said Owner of said Lot to rebuild or reconstruct same in a manner which will restore it substantially to its appearance and condition imme-• diately prior to the casualty. Section 4. Variance in Exterior Appearance and De-- si n, In the event any Residence shall be destroyed or damaged by fire or other casualty, the Owner thereof may apply for.ap- proval to the Architectural Control Committee for reconstruc- ti-on, rebuilding or repair of swine in a m.•inner which will pro- vide for an exterior, appea„ance and design different from that �,4 which existed prior to the date of t49 casualty. Application for such approval shall be made in tiscordance with the provi-' sions,set forth under the Article entitled !'Architectural Con- trol" herein. The Architectural Control Committee shall grant such approval only if the design proposed by the Owner would result in a finished structure in harmony of exterior design-\.. with the neighboring Lots in the Project. Failure of the Archi-- tectural•Control Committee to act within thirty (30) days after receipt•of such a request. in, -writing, coupled with the requisite drawings, plans and specifications.~shal,l constitute approval thereof. Section 5. Time Limitation. The Owner of any dam- aged Residence shall be obligated to proceed with all due dili- gence and commence reconstruction within,three (3) months after the damage occurs -wand complete reconstruction within six (6) months after damage occurs, unless prevented by causes beyond his reasonaVle control. �{ ARTICLE XI INSURANCE Section 1. Required Insurance Coverage, The Associa- tion,acting by d,nd through the Board of Directors, shall obtain l for the Association the insurance coverages designated below, ` Premiums for all •required coverage carried by the Association i are Common Expenses included in the- Annual Assessment. (a) Casualty. The Association shall kee.. all improvements to the Common Area insured against lose 1\ e or, damage. by fire for the full replacement Cos: there- of,-,. aiid may obtain insurance against such .other hazards ,. and casualties as the Association may deem desirable. The A%�Aociation may also insure*any other property whethe real or personal., owned by the Association, against loss or damage by fire and such other'hazards as the Apsoc:iation may deem desirable. -With the Asso- ciation as the owner and beneficiary of such insur- ance. They insurance coverage with respect to the Cnm•- mon Area - sltal l be 'written in the name of, and the pro-' j ceeds thereof shall be payable to, the As,snriation. Insurance proceeds shall be used by the Association, for the repair or replacement of the property for which the insurance was carried as provided for in this Dec- laration. (b) Liability. The Association shall,obtain j Worker's Compei,satian insurance and comprehensive pub• - I ie liability insurance in such limits as it shall deem desirable, and such other liability insurance ,ap it may deem desirable, -insuring each Owner, the Association, the Board, and the Manager, if .any,' from liability in connection with the Common Area. Section 2. motional Insurance Coverage. The Associa- tion, acting at its option and Ly an(l through the Board of Direc- tors, may purr-ha%e such other insurarce� us it may deem necessary or apnroprial;e, includin•,, but not limited to, earthquake insur- •r " �r m ante, flood irs:xrance, officers' and, Directors' errors and omis- sions insurance, plate glass insurance,`•'and fidelity bonds,insur- ing ttke Association against misuse and 4nisappropriation of Asso- ciation funds,by members of the Board of Directors, officers and employees of the Association and any Manager, if any, whe- ther or not such persons are compensated for their services. Section 3. Review of Coverace. The Board of Divec tors shall annually determine whether the amounts and types of insurance coverage that it has obtained pursuant to this Article shall provide adequate, coverage, based upon the then current construction costs, insurance practices in the area in which the Project is located, and all other factors which- may indicate that either additional.. insurance -coverage or increased coverage under existing policies is necessary or desirable to protect 'the interests of the Association, the Owners and their respect- ive mortgagees. if the'Board of Director:; determines that in-, creased coverage -or additional insurance is appropriate, it shall obtain same. Section 4. Waiver by Owners. As to all policies of insurance maintained by Cie Association 'which will not be voided 'or impaired thereby, the Association. and the Owners hereby waive and release. all olaiins .against the Association, the Board of Directors, the Owners, the Declarant, and the agents and employ- ees of each, of the foregoing, with respact to any loss covered -by such insurance, whether or not caused by thR negligence of, or. breach o:, ar,y agreement byisaid persons, but only to the extent of the'•insurancr; arocy' ds received in compensation for such loss. Section S. Premiums, Proceeds and Settlement. All insurance proceeds paid to the Association shall be disbursed ,as follows: (a) In the event oi'any damage or destruction to the Common Area, such proceeds shall be disbursed in•accordance with the provisions of .the Article entitled "Damage or Destruc- tion"; (b) In the event of any other loss, the proceeds shall be disbursed as the Board shall deem appropriate subject to the limitations set forth in the Article entitled "Mortgagee Protect- tion." The'Association is hereby granted the iiuthoril�y to nego- tiate loss settlements with the appropriate insurance carriers. f • I A majority of the Board of Directors must sign a loss claim form r and release form in connection with the settlement of a loss f claim, and such, signatures shall be binding'onthe Association / and its Members. � 1 Section 6. Notice of EMiration. All policies of 1 -insurance maintained by the Association shall contain a provi- �.. :`•sion that said policies shall not be cancelled or terminated or allowed to expire by their own terms without sixty (60) days' prior written notice to the Board of Directors, the Declarant, and to such owners and such first mc{rtgagees who have filed writ- i ten:requests with the carrier for such notice. ARTICLE XII ' COVENANT AGAINST NARTITION By acceptance of his deed, ea�;h Owner shall be deemed. to covenant for himself and' for his Heirs, representatives, suc- cessors and assigns that he will not. institute legal proceedings i; 1 It,? effect judivial partition of his interest in the Projects "finless the Projeet (a) has been in:existence'in excess of fifty {,•50) years, and (0) is obsolete and uneconomical, and (a) the Qwners of fifty percent (50X) of the Lots join in such action., J for partition. � ARTICLE XIII " MORTGAGEE PROTEC? XON Section 1. -Notwithstanding any other provisions in' ,.this Declaration to the contrary, in order to induce FHLMC and (and other lenders and;investors) to participate in the fieattcing of the sale of Lots in the Project, the following pro- visions are'added hereto (and to the extent these added provi- sions•conflict with any other provisions in this Declaration, these added provisions shall control). The Declaration, !the Articles of Incorporation and the'By-Laws for the Association are hereinafter collectively referi+ed to in this Article'as the "constituent documents4" (a) The right of an Owner to sell, transfer or otherwise convey his Lot shall not be subject to any right of first refusal or any. -similar restriction i*jl favor of the Association. (b) Any first mortgagee who obtains title to a Lot pursuant to the remedies provided in the tnort- gage will riot be liable for such `W*,'s unpaid dues or charge s'.'which accrue prior to 1,he acquisiLion of title to such Lot by the tnortqagee,. ( except for claims i -56- v `.= for a share of.such assessments or charges resulting fr.= a reallocation of such assessments and charges. to all hots, including the mortgaged Lot). The ,1i•,-An assessments provided fqr herein shall be -subordinate to, the lien of any. first mortgage or first deed of trust now or, hereafter placed upon *'Ae propq-I ty sub-• " •;ect to assessment. Any sale or transfer pursuant to a decree of foreclosure and any trustee's sale shall ' not relieve such property from liability for any as- sessments thereafter becoming due or from the :lien of any such subsequent assessment.. (c) Unless at least seventy-five percent (75%) {' of, the first ..mortgagees ( based . upon one vote for each first mor,,tdage owned) -or Owners (other than Declarant) have given their prior -written approval, the Associa- tion shall not be entitled to: i1 (1) By, ,idt or omission seek to abandon, partition, sUbdivid6, encu+•nber, hypothecate, ali- enate, sell or transfer the - Common Area owned by the Association (the granting of -easements i , for public utilities or for ether public purposes consistent with ,the intended use of such Common Area shall not be deemed a transfer within the ineai3ing of this clause:); If • W. Change the method of determining the i obligations, assessments, dues or other charges +' which may be levied ,against a Lot owner; (3) By act or omission ohai-ge, Maive or abandon any scheme of regulations, or enfor6ement thereof., pertaining to the architectural design or the exterior appearance of Lots, the exterior maintenance of'4ots, or any real property owned by the Association, Common Area party walks or common fences and driveways, or the upkeep of lawns and plantings in the Project; " (4) Tail to maijit'ai.n fire and extended cov- erage on.the Common Area owned by the Association on a current replacement cost'basis in an amount not less than one hundred percent (100%) of the insurable value; (5) Use hazard insurance proceeds for losses to the Common Area or. -,any real property o.)ned by the Association for other than the repair, replacement or reconstruction of same; or (6) Effectuate any decision of the Associa- tion to t►:rmi•nate professional management and assume self --management of the Project'. „ (d) First mortgagees of lots may, jointly or singly, pay taxes or other -charges which are in de -- fault and which may -have become a lien, on the Common Are& within the Project and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage, on the lapse of a policy, for such Common Atn�a and first mortgagees making such payments -58- ,. shall be owed immediate 'reimbursemen"t ji*herefcr, .from the Association. Upon demand by ,any first mortgages, the Board of Directors shall execute on behalf of the Association an agreement establishirgi�thc*•right of. all first mortgagees to such reimburserrient. V (e) No .provision of the ronstitue� -documents ,,f,or the Project shall be interpreted to give the•Owner of a Lot or any other party priority over.'any rights of the first mortgagee of the-Lot,pursuar►t to its mort-, gage in the case of a distribution to•such Owner of. insurance proceeds -for substantial damaye,or"destruc- t~icn of any Lot (or portion thereof) or the Common Area ('or portion thereof) or of condemnation awards for losses to or a taking of i`pny Lot (or portion there-.. of) or the Common Area (or portion thereof). ( f ) The assessments provided for in. tho 'consti- tuent documents shall include,an adequate reserve. fund, for maintenance, repairs and repl.cement• of these ele- ments of the Common Area that must -be replaced.on a periodic basis, and shall be payable in .'regular in- stallinents rather than by Special Assessments. , (g) A first mortgagee, upon request, is entitled to written notification from the Association of any default in tho porformance-by an individual Lot Owner of i,ny obligation under the constituent doCLMents •which• is not cured within sixty (60) days. (h) Any agreement for professional i�tanagement . ,.. I'}!`.. ,•1' It 1 .. � • .. •I. „V\ of the Pro j ect, 'or any oth l ' contract "pY%ovi.Ong for Fervices of the Declarant,, may not 'exceed one (1) year, .,renewable by agreement••of the parties for'siAccessive 1, one (1)'year periods. Any such agreement -must provide for termination••by either party without cause and with- out out payment of a termination fee on thirty (30) days' written notice, and with cause on thirty.(30) days or less written notice. (i) first mortgagees shall have the right to examine the books and records cf the Association dur- ing normal business hours. Further, the Association shall', upon the request of any first mortgagee (1) give written notice Wall meetings of the Association and permit said mortgagee to designate a representa tdve to attend all such meetings, and (2) transmit to such lender an annual audited financial statement' of the Project within nf.nety (90) days following the end.of any fiscal year of the Project. 1 tj) The rights and obligations of the Owners I relative to common walls, if any, shall be as set forth in this Declaration. (k) The Association shall, upon the request of ,any first mor•tyagee in the Project,, give written no- tice to .s.aid first mortgagees of, any action on the part of the Association to (1) abandon or terminate the Project; (2) adopt any material amendment to the constituent documents; And (3) effectuate any decision -60- by the Association to terminate professional manage- ment and assume self -management of the Project.. (1) If any Lot (or portion thereof) or the Com- mon Area (or portion thereof) shall be substantial),y •damaged•or destroyed, the Association shall give time- ly written notice of any such damage or destruction to the first mortgagee(s) of the Lots) in the Pro- ject. W If any Lot (or portion thereof) or the Com- mon Area (or portion theref) is made the subject mat- ter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, the Association shall give timely written notice of any such proceeding or proposed acquisition. to first mortgagee(sl of the Lot(s) in the Project. (n) In the event any portion'of the Common Area encroaches upon any Lot or any Lot encroaches upon the Common Area as a result of the construction, re-- goi.struction,.repair, shifting, settlement ov movement. of any portion of the Project, a valid easement for � the encroachment and for the maintenance of the same shall exist so long as the encroachment exists. , Section 2. No breach of any of the foregoing cove- nants shall cause any forfeiture of title or reversion or bestow any right of re-entry whatsoever, but in the event that any one or more of thei;e covenants shall be violated, the Duclarant, its succ;essors.and assigns, or the Association, or tiny Owner of a Lot in the Project, may yommenze a legal. action in any court of competent jurisdiction to enjoin or abate,-aaid violation and/or to recover damages; provided, however,"that-any such vio- lation shall not defeat or,render invalid the lien of any mort- gage or deed of trust made in good faith and 'for'value as to. said Lot. Said covenants shall he binding upon and effective against any owner of said Lot, or'a portion thereof, whose title thereto is acquired by foreclosure, trustee sale,ur otherwise. ARTICLE; XIV ANNEXATION OF ADDITIONAL PROPERTY Additional property may be annexed to.and'become sub- ject to this Declaration by any of the methods set fQrth'in this Article. Section 1. Annexation Pursuant to AlRproval. Upon obtaining, .the, approval in writing of the Association pursuant to the vote or written assent of two-thirds (2/3) of the -Members �. other than the ;)eclarant, the O%-ner of any property who desires to annex said property to the'scheme of this -Declaration -and to subject it to -the jurisdiction of the. Associatlion may file or record a Declaration of Annexation as describe in Section f. 3 of this Article. Section 2. .Annexation Pursuant to Genicral Plan. All or any part of the real property described as, Lots, •6 through 20, • I inclusive,, Lots 26 through 35, inclusive, Lots 44fthrough 73, inclusive:, and Lots Ill through 15,1, inclusive, W11, Tract 1.3008 . I. as shown on a Map recorded in Hook 106,'Yages 24 to 30, inclus- ive, of Maps in the Office of the County Recorder for -Riverside County .may be annexed to the 'Project. from time. to time and added ;;u the scheme of this Declaration and subjected to the jurisdic tion of.,the Association without the assent oi;.the Association or its,Members, provided and on condition that:, (a) Any annexation pursuant to this Section shall be made prior to three (3) years from the date'of the original issuance by th^ California Department of Real Estate of the most recently issued Final Subdivision Public Report for a phase of the Project; (b) The development of the annexed property sha.�l be in accordance with a general plan of development for the Project originally submitted, to the City with the processing paper a for the project; and (c) A Declaration of Annexation, as descr4bc:1 in Section 3 of. this Article, shall bs recorded cGver- ing that portion or portions of the real prol-•,!rty de-• scribed hereinabave to be annexed. the right to enforce by proceedings at law or in equi•- all of the covenants and provisions now or here- after imposed by'"this Deciar=atior, and ' tho ay-hawx, . respectively, i icluding, without: limitation, the right to prosecute a proceeding at law or in equity against the parson or persons who have violated or are attempt- . ;y ing to violate any of said covenants, to•,enjoin or prevent them from doing so, to cause said violation to be remedied and/or to rec6v.er damages for f.aid vio- lation. (b) The result of every act or omission whereby any of the covenants contained in this Declaration ` or the provisions of the By-Laws"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 applicable against every such result and may be exer- cisedby any Owner, by the Association, or by its suc- cessors in interest. (c) 7'he remedies herein provided for breach o' - the covenants contained in this Declaration or the provisions of the By -Laws shall be deemed cumulative, • and none of such reinediesf uhall be deemed exclusive. (d) The failure of the Association to enforce any of the covenants contained in this De-claration or' the provisions of. the By -haws shall not constitute a waiver of tho right to enforce the same thereafter, -65-- (e) A breach of the.covenants contained in this Declaration or of the provisions of the By -Laws shall +� not affect or impair the lien or'chavge of any bona fide mortgage or deed of trust Inade in good faith and i for value c;p any Lot; provided, however, that any sub-- sequent..wner of such prop4rty shall be bound by said ` covenants, whether or not such Owner's title was ac- quired by foreclosure, a trustee's sale or otherwise. (f) The Board of Directors, for and. on, behalf of the AssociaLi-on, may assess monetary penalties against an Owner and/or suspend said Owner's voting rights and right to use the recreational facilities, if any, for the period'during which any assessment i against Said Owner's Lot remains unpaid; provided, however, the due process requirements set -forth in Section 7341 of the California Corporations Code shall be'followed with reapect to the accused Owner before 'u decision to.impose discipline is reached (to wit, the accused Owner shall be given fifteen (15) days prior notice sent by first class or re&istered mail, grid the notice shall specify the reasons for the pro - Posed ponalty or suspension and shall provide an oppor- tunity for the Owner to be heard, orally or in writing, Trot I W;S thiln five (5) days before such penalty or ti rsuf;pc;pr;ion Is imposed by the Board of Directors). (q) The Board of Directors, for and on hehu I f of the Association, may suspend an Owner's voting 5' ghts and right to use the recreational facilities, " i£ any, for a period. not to exceed thirty (30) days. fort any infraction of the Association's published ' rules and regulations; provided, however, the due pro- cess'r•equirements set forth in •Section ,7341 of the California Corporations Code shall be followed with respect',.to the accused Owner before a decision to im- pose disdipline is reached, (h) `,The City shall have the right, through its agents and employees, to enter upon the Project for the purpose of enforcing the California Vehicle Code and any City ordinances, and.is hereby granted an ease- ment over the. Project for that purpose. Section 2. Seve:•ability. Invalidation of any one of these covenants by judgment or ccurr order shall in no way affect any other provisions hereof, which shA, l remain in full force and effect. Section 3. Teri). 1'he covenants set forth in this Declaration shall run with and bind the Project, and shall inure • to the benefit of and be enforceable by the Association,or the Owner of any land.subject to this -Declaration, their respective legal representatives, heirs, successors acid assigns, for a term of fifty (50) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for succoss;ive periods of ten (10) years, unless an instrument signed by a Imajority of the then Owners has been recorded agree- ing to change said covenants in whole -.,or in part. Sectiion_4. Co;struction. The provisions of. this Dec-• laration shall be libera4ly construed to effectuate its purpose' / of creating a uniform plan for the development'of the Project -and for the maintenance�!of said Project. The Article and section headings have been insrted for convenience only., and shall not, be considered or referred to in resolving questions of interpre tation or constructionf�` Section 5. r Includes Plural. Whenever, the context of this,Decla�ation may.so require', th•a singular shall include the plural and the masculine shall,,irielude the feminine and neuter. �;r r � ,. Section 6.;;Amendments. so long as the two -class vot- irg structure provided for herein shall remain in effect, this ; , 1 , Declaration of Restrllctions may be amended only by an affirma- tive vote of not lets than seventy-five•percent (75%) of the voting power of eacti class of members, and furth`er•, this amend- ment provi6ion shal!1 not'be amended.to allow amendments by vote of less than seventy --five percent (75%)• of the, voting power of each 610ss•of members. At such time when -the Class S membership shall cease and`be converted to Class A membership, any and'all amendments to this Declaration shall•be enacted by requiring the,vote or written aisserit of members representing both (a) I seventy-five percent (75%) of the total voting power of the Asso- ' cl at i on, 'arid (b) seventy-five percent (75%) of the votes of mein-- hers other than that Declarant.; provided, however, that the per- contage of the voting power --necessary to amend , a specific F4,rovi - sion shall not be. less than .the percentage of affirinativ() ,'votes. ,., t . - --- -- _ - •- - -- - -- ---.. - -- -�-, - -- . i„ ----fir •• �.r.--•----r-- prescribed for act' -don to be taken under said provision. Section 7. Encroachments. None of the rights and obligations of the. Owners created herein. or by the deed stall ` be -altered in.any way by encroachments due to settlement or shifting of structures or any other••cause. There shall, be valid t easements for the mai.ntenance of said encroachments, so long 'as i they shall exist; provided., however, that in no event shall a. valid easement for encroaghment be -_rented, in favor of an Owner if said encroachment occurred due to the willful conduct of said i . Cwner. Section 8. Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and *may be delivered either personally, or by moil. If delivery is made �,by registered or certified.mail, it shall be deemed to have been delivered twenty-four, (24) hours after a copy of the same has t • been deposited in the United States mail, postage prepaid, ad•- dressed to any person a� the address given.by such person to the.Association for the purpose of service of such notice, or tp the Lot of such person if no: address has been given to the Association. If such notice is so se!it by regulsr mail, it shall be deemed to have been delivered when received. Such address .nay be changed from time to time.by notice in writing tc, the Asdociat•ion. Section 9. Attorneys' •Fees. If, any Owner defaults in making a payment of assessments or in the performance or ob- sc;rvaiirc• of 'any of the covenants set- forth in this Declaration, and the Association has obtained the services of an :attorney -6y•- with respect to -the defaults involved, the prevailing party shall" be entitled -to recover all costs or fees incurred,'including reasonable attorneys' fees, regardless of whether legal proceed- ings are instituted..' Tn cases a suit i.-: insti-tuted, the prevail-- �ng party shall also be entitled to recover all costs of the :• suit in addition to the aforesaid costs and;.feEs. IN WITNESS WHEREOF, the undersigned, being the Declar- ant., has hereunto set its hand and seal this day.of SOUTHWESTF RN r^,N'rE4P11ISE.c, INC., a California corporation BY: Its: i r, -70- + hII,M RNCORDNO MAI1„"PO: W11I mr; * " •+ _' J l]W 7-1.2-79 `•or►►oy at Law 36110 grown valley PiArkway t �,i i�t i' fi)c ! •f ► ! nl& 1lilluul, oi►l11-61.111,4 +)�07 r�. 1 tt f, f , Dr CLAitXPIOlh OF CUVENfi,Y`i'S , CON!)I11'YUNS AND khSTRIC'1'IONS 'l'RACT IJ ; 13006RIVyRSIUE COUNTY 11 1'I1I S OSCLARA'1'l ON ;;._Made on , 19 _, by , a Califoriiia corporation_, herein-: erein aftev referred'to as "Declarant", • }tl;CITALS , i. Imclarant is the owner of that certain real property' located in ltiverside County, California, ),oroinafter sometimes referrod to as t1m "1roperty", which is more particularly doacribed its follows: lots 1 through lfsl., iuclusivo, of 'Pratt No. 13008 ill thr. County of ltiverside, State of California, as per snap rocorded in 13ook , )'ages through ' of Miscellaneous I(ecordrs in the Office of the county Recorder of said County, I I . I t• is the desire and intentioi► of i)eclarant to develop the property into a single-fa►aily residential project and to ` impose upon it mutual, )x'neficial restrictions under a general plan or schemo of improveme,ut for the benefit of all the property and aach al,d avert' lo.t and }portion thereof, any improvements thereon and the future owners of any of the proporcy and improvements. DECLARA`1'ION Duclarant hereby doclarm; that all of the alx?ve-described real property is' hold, ilnd shall lx, lmLd, c:onvoynd, hypothoc:atod, encumlwre•d, leased, rented, uccupj -W i;►,d imhrovod auh joct to ti►e Lol.lowing limitations, restric:tionn, cavouanta, iu►d Conditions, al -I of which am dnelarod ,nil decrued to DU in turtheranco of ". i - - - - +��_`..."".i�i�ililkild3.Y�Yiw�afJ.:LiiLLa.•r�r.,w�it I- '•�• •. .: • ''•�''11!%:;:"' • tT_ 19 a plan for the subdivision. improvement, and'sale of ea^h and every lot and portion thereof within the property, and area established and agreed upon for the purpose of enhancing ane. perfecting the value, desirability, and attractiveness of the,, property and every part thereof. All of the•limitgtions, con••, ditions, covenants,';nd restric,`.ions shall run with the land, and each estate therein, and shall bo•uinding upon all parties having .or acquiring any right, title, or interest in the property, and shall be for the benefit of each owner of any portion of the property or any interest therein and shall inure to the benefit of acid be hinding upon each successor in interest of the owners thereof, and are imposed upon the Properties and every part thereof as a servitude in favor of each 'and every parcel thereof as the dominant tenement or tenements. I. In addition to restrictions established by law, the following rest:rictioi,s shall Ix+ nb"rvt.d h%- ownrrt: and of .11 lots in said Tract no. 13008: 1 DEF•INIVO WS Section 1. PropeLties. The torn Ivroperties" as used herein shall mean and refer to that certain real property in the city q.t Palm I)3sert, County of Itiverside, State of Cali- �! fornia, descrii;,nl an Lots 1 through 161, inclusive of 'Tract No. ' 13008, as per map recordud in Book , pages through , inclusive, of Miscellaneous Maps, Ieecorda of Riverside County. Section 2., Lot. The term "lot" as used herein shall mczan And refer'tn any numboied plot of larid shown upon any rocurdnd suIxlivision map of t►)c! I,roperties whicii has been approved by the county of Iciverride {with tLc, excohtiou of tho public streott) or alluys at)d Lite, r'onuaou Areal. '��•1' ���,,..�{' 1 ' ,.. •i sw...l�s •4. _ _ _ .L...N/� .�.uY:' �i• 1•I "• _ , , „ y ��� . • — _.�(A'1' - l��f :Ylr�l�.�..-1` i Section 3. I>calaratiop. ,'1'iiel Corm "covenants" and/or "Declaration" its used herii j p ah:ll.l"'n,. it1,;t�ud rotor -collectively .to the covenants, cpaditions, rest rictibtls,,je;t,,::ease- ments, liens and charges imposed by or expressed An'thi:a beclara- tion. •1. '�' J`5ection 4. Owner. Tho term "owner" as uaed herein shall fneitn rofor to the record owner, whether one or more persons or entities, of a fee simple title, to arty lot which is a part of the Propert•ien, including contract purchasers, but excluding those having such intoreat merely•as security for the performance of an obligation. Sect lOri !i, mclaranc. 'I'ho term the "Declarant" as used herein shall mean and refer to a California corlioratioi:, its sucrossors and assigns, if such successors or asl;igns sho:llO acyuiro ,i;ora than one undeveloped lot from the Lor.?,cl_a::t for the parpo.-.e of development. Section c;, inutitutianal Holder, tithe: term .Institutional !folder-" ,,s uaeo horoin shall :mean and refer to any holder (beneficiary) ol. it first deed of trust which encumbers a lot, which holor:r i:; a bank or savings and loan association or ost:abli:rived u,orty.,c;� :rcynl.o::y, or othr.r otiLity chartered under federal or state .laws, imy corporation or i:ssurazieu company, or any federal or stave a(it,ucy. Section 7 14ort(ld(jo. The Corm "Idortrjag ,:s used herein Shall. ate -zap and icier to any duly• recorded cutd valid , mor,,aycc or deud of t;:ust• unc:u.mboring it lot. I 6ectiol, C. Arcls%tectural Cornrnittoe. The terin "Architectural Conwdtteu" shall mean, the Conrnittco created pmrsuant by, the provisiol:s of this Lvcl,:ration. 11 WIRN AAL, 101SI'I(LCPIONS All rc,,l"proporty within t)e• vrolxlrtios shall be held, uncel and enjoyed subjor.L• to Lhe following l.imilsationa and ru- st•rictions, uubjrct to tic• exeu,Ittion of [Xiclarurtt.. ����L'.'i3�f.—: L:::i14 �.ilV,. �;,v_ - .:Rl'..e.�:' � LJ:. ��`:y , �y �, y�,s.•��• .` �. }.,.ice,,; ' �.1= . {'�` — - __-- �[��R}��'Ni4RiviDiiR�i" L•e:.l:� '.,. .. .K ). _ Section 1. No Further Subidivision. No lot may be further subdivided provided, however, that -nothing in this : section shall be deemed to prevent an owner from,'or require the .approval of the Board for: (i) selllny a lot in the Properties, or (ii) transferring or selling any lot to more than one person to be held by them as tenants in cornnon, joint tenants, tenants by the entirety or 'as convounity property. • section 2. L qns. No sign, poster, billboard, adverti.si.t►a device or other display of any kind shall be ,displayed so as to be visible from outside any portion of the Properties without tha approval of the Arenitectural t:wnnittee, except such signs as'may be used by Docldrant in connection with the develop- ment of the Properties and sale of lots O)ut such exception for signs of the ► elarant shall only 'apply for a period of five (5) •.-.year:s aster recordation of this lseclaration and except such signs `pf cust.otnary acid reasonable dimensions its prescribed by the 1 Architectural Conunittoe as may W displayed on or from a lot adverti:i►xj the residence for sale cr lease. Any "for sale" or "Lc:r loase" signs which are not (i) attachad to the exterior walls of 'a residence and (ii) ttot morn than six (G) square feet in sizo, shall not require Architectural cottanittee approval. t:ection 3, iutil�S. No ilk Sects or aidnials of any ►td ::hell i v raivad, bred or kept ot► the liropurties except• that a rOW3011,601C r►uwix1r of dugs, t•..tts or. other household pets urt►y be hvpt.., provided .that they arc: riot yopt, broil or maintained, tor any conanervial hurl.tono, nor in violation of arty other provision u1 this w-c.l.aration. • Animals belonciing to owners, occupants or Choir l imnuwos, tonnntti or invitees within the Prolx-rties i ,nutst )XI oithor kopt within art enclosure, att hnclosod yard or ott leash or bvidlo boinq hold by it horson Capable of controlling thu attitbt►1. PMrthrrmor,?, any owner nhall ix► absolvtely liai?le to each nn<1 all rnmitit;intt uwncr,•at, their fiunilias, guustts, t'onauto ,u►<( iut j.to<'a, tot any ut►roc►scnablo noiue or tlatuaqu_ to person 4 I�f�t{GiEfdtiu_ •�m.-:�. "•...___': 'r.l�i, •.� hl�•i�".. _.�ni_.�."�- ' �•�.:.Y." W W• �Y•I�„ `a., . �� 11/ or property caus06 by any, animals brought or kept upon the properties by all owner or l;y members of his family, his tenants• or his guests; and it :Olall -he the 'absolute duty and responsibility of each such Ow1►er to clean uN After such'animals which have used any portion of the. 11roparties. Suction 4 has been dulated 1 i to Section 5, slater and Sawer_ Systems. 14o individual water supply syctom, water softoncr system or sowage disposal syocem shall )x-- Ix:•rn►it'ted ari any lot unless atich system is designed, located, constructed a:►d equi1ped in accordance with t•ho requirements, :;taiidards, and roconmen►iations of any applicable water clist'rict anc) ally applicable governmental h(3ulth authority )raving jurisdiction. action 6. No Hazardous /mictivitie.j. No activities :;hall ix: t;rrnductud, nor shall any improvema.-itu be constructed, oil any lot within tho hropertics which aru or might be unsafo'or hazardous to any Sectioii.7. Urtuici1►tly_Art'iclos. Wo unsightly articlon ulr<�11 )rU ixermittcn) to remain on any lot so as to bu visible fra:r ar;y public strvot or from any othor lot within the properties. witiwut 1111sAirr(•1 the. c)anorality of the foregoing, rofurso, garbage Aml tt./arlr :;hr,il b:? Y.eiAt at crll tilnus in vilch covered, sanitary coutairurre;. :faction £;, improvemonts mid Altarations. 7'horc ah,%ll lxl to err.,:�i,tion or cam;tructioJ► or alteration which in any way altgru On r;itl.'riOY i►ppunracico of any imp rovemunt from arty ► 1� publib street or other lot, without tho prior approval of the Architectural Contntittoe pursuant to Articlo IV of this Declaration entitled "Architectural control". Them shall be no violation of the sotback or sideyard roquirements of-thc local governmental authority, notwithstanding any app_oval of the Architectural coirmUttee. Soction 9. Llte-Sat.ion of Perimeter Wall. There shall be no removitl or altoration of tho perimeter wall and sound wall surrounding the properties and no change of the color, textures, height, or lateral and subjacent support of said walls without tiie consrtlt of tho Architectural Committee and the City of Yalm Desert. Section 10. coil anti hiininc__2pL,.rutions. 14o drilling, oil developlrtent o}x>rotions, oil rofinil:ci, quarrying, or mining olx,r,itions of tiny kind sl-Al be pormitted Upon or in any lot, nor shall oil wells, ta+tk:i, tunnels, or mineral excavation or nhafta bo pormittod upon, in or within five hundrad (500) feet lx�low thc. mirjaco of any lot, no ae:rriok or other structure de- ::ignod for -use in boring, mining or quarryin(f for water, oil or natural yam or precious minerals, shall btj erected, maintained or lxiimit.egd ul:ors any lot. zzz •' AND 11:)8I M.I.) IO C`1•1ON." :;ectiou 1. Siltc+le Fin U:su. Each lot shall be nt+ut! Dole+ly for priVntu uinglr._1't,mi:•1y rcuitl!>ntial hurlx�sos, Residential pur}x>ae n :jh,'t11 be doemod to include the loasincj ur routing of a residence: tot: a period of thirty (30) days or toore. Only orse ro:sidenecj may lxs const•ructod on eats lot. :, residence shall consist of a cfwollinq houso that is•uot more than t� on:e• :story in itoight and it privato e,)arago that will ! • I ikm,oupaoc7atu no lus:1 titan two (2) or moo: ► than four (4) automobilos uoclarimt may, hu-�Wvcor, oregt temporary- structures..on tho Property for une ilt 1.ufun ctir,n with tho ataual collatruction of a ru.y4dojtco asid any 01' tho lutts may. llc uand 1)y lksclarn+tt•,. its a `rya_' t.! ',i• ._ _v. .,ta.�+.�z._�.Y__. _i�`:1+� I' rlr�', r; I aucceaaors or'•assigns, as models for the purpose of oelliug tine t lotj3-until all of the lots are sold by Declarant. soctioil _2. Maintenance. Lach owner shall have the primary right and obligation to maintain and repair at his sole .cost and expense his lot and all improvements thereon in a clean, sanitary and attractive condition, and.good state of repair. Section 3. Vehicle parking and Storacle. No boat, trailer, house trailer, motor home, camper, bus, true;., or other r• conr<norcial or recreational vehicle larger than one (1) ton capacity ' shall be parked or st.orod for longer than eight (a) hours in any twenty-four (24) hour poriod upon the roadways or streets of `. said Tract or in the drivoways of any lot, or upon anv portion of any lot which is visible from said streets and roadways. No automoblie, motorcycle, truck or other vohicle shall be•dismantled, repaired, painted or stored upon tho portion of any lot which is substantially visible from the streets or roadways o:t said Tract. - Section 4. ejuisances. No noxious or offensive trado or activity ghal.l lx- carried or, upon ,uty of the lots nor shall an7thling be clone thereon that may be or bacome any annoyance or nuisaltc„ to tin neighborhood. Without limiting that generality .of the foregoing, no laundry, clothing, rays or any similar .tnatorial shall )xe buuej or dinplayed ulx)n tiro caves, rlcscsra or upon the portion of any. building which face., upon or is visible t'rom the streets attd roadway:, in. said Tract. w lumber, metals, lxtlk materials, refuse, rubbish and doUria, or trash al,all be kopt, sturod or allowed to at:cumulate on any hut, exc•,)stthat lumber atad other Wilding matorials may he kept thrroon during tho Lourse of conatrucl•io, of. a atrt:ucure which has lx�cu approve(I by 00) ArcItitectural Wnuuittoo cri providet) aixsvo, fo): iurnediatu usr, in ouch work of t:ort:,t•ru(-tiuu. fit) nolEtr csr tstluor rtuin,ttscu ah•.tl.l l,o ptlrmitted to <.;zist or opilrutu ttl,on any Iturt•iun ol. a 3.u1• ao . eta to be of•f'cntiivv or dot iux•tsl al to any ol•hor lot. in tho vicinity thereof or to their ot.ruisnnta. -7. _ _ _�w _ ��'li. d7t. ;: ;.:r-• - •u.._ . •:,ztl t'.;; •. _ WA .'sdi/a::.'... �', yo •.�.�[ie4'; �;-b •-. •. Section 5. ;'• )wellin< tality and size. All dwellirkgs pnstructod oil the properties shall ixa of first class quality and �. workmanship and' shall bo constructed so that the wall to wall floor area of the main structure exclusive bV patios, open porches and garages contains not less than twc thousand one hundred square foot. � 6octiorl 6. izuilclin(j Location and ltolated itestrict.ioris. (a) All buildings and structures shall be located o►► the lots in accordance with the `applicable set.) ack ordinances of tha c: ty,ol Palm l)usert•. (b) For ,Lilo purposes ui this, covenant, eaves, ;tops, aud'open porchos shall not be considered as part of a lnlilcling provided, however, this subparagraph G(b) shall not be c,•om;trued to.perrui} any portion of a building, cn a lot, to encroach upon another lor;, or to violate tide applicablo ordinances of the city 'of Palm uoscirt. (c) iuli lciiugs shall l,e ail acrid only on the mz jor pad area as sl.owu oil the approved -grading plan for the Property. ,. , Section 7. Si(Ilit Distance at lnterrsectiol-.s. l:o. fence, wall, llodgi:, or Shrub planting which uln;tructu sight lines at, elevations lx�tween two (2) alid six (6) L'eet ak)ove the roadways shall be placed or ixarmittod to remain oil any corner lot within the triangular area formed by the Street property limas and a line 'Llonimeting tllcpi ciL points twenty-fi.vo (25) ;loot frou file i►itersectio►i of the utreet lirias. In tile! caso of a rounded prole e ty cc)Lnul , tile► same building and planting restrictions shall apply within Lhe triangular area formed by projecting the street proix�rLy lilles CO, a iioint of iiit-er.soctioll and col►nnctinq tho points twenty-tiv.i (25) Wet therefrom. 'i'ho s4rino sight -lino liu►iLift iolls shales 'apply on ally lot ai.)utt! n(,) ti►e edge el. a rlriv(.-- way or alivy pav<irnout; provirlixi, howevor, ti.1) distance iron► tl►o a itorijeotioil jx)j nt or pro jecLod intel'r;ectioii !L 111 be reducod to Lf.m (10) '-iot Loi ixiriiui;can of ow-eiwithAnrl tuo routrieted plalitilig and 1'xiiWinq areciu. m Section a. Each grantee of a lot agrees for himself and his assigns that lie will not•in-any way interfere with the established drainage pattern over his lot fron adjoining.or other lots, or that he,will make adequate provisions for proper drainage in the event it is necessary to , i change the established drainage over hi�,Iot. Any such alteration j of est-aulished drainage shall require the prior approval of the Architectural Committeu, and the City lmgineer of the City of Palm Desert. r'or the purposes hereof, "established" draj.nage'is defined as.the drainage which occurred at the time the overall grading of Property was completed by thv;I)eclarant. This provision may not be amended without the consent of the city of Palm Desert. Section 9. 7n�on of Premises. At any reasonable time, an agent of the Arcuitectural egirlr;tteo may enter upon and ir,spor_t any lot for the purpose of ascertaiuinei whether the Amaintena„ce, construction,- and alteration of structures thereon are in compliance with th{: provisiotns hereof, and no trespass or other wrongful act shall jrbe oeomed to have Wen conuitted by reasol•ot such entry ants%or jurisdiction, i Ivr ;iectior, 10. , P nces, stc. No. lcncg4' awrsings, orna- nk+ntal screens, sernen+'doors, sunsha0c:s, .or walls shall be orrctrd or maintainE+d !round any 1x>rt.ton of the )wilding oxcepL such as aie tustalled iin•accordai,ce with tho original construction of the hrojrct unless' approve I Lcr tho proction of said article I • is approvoci by the Architectural ConMui,',tct:. i 5�ction 11, 1(ostricted tls:s •,,t Pucreation Vehicles, Ltc. I.o boat, truck, trainer, camlx.-r, recreational vr-t,icle or tenit shall bo used as a ] ivingj area while ',ocatrd cn Lite property subject to this uhclaration. I See. -ion 12. Canl,li u,cr, t' t aws, ht•c, �o'clli.nt� xl,all Lu. doiie or kola on, a lot is, vx. ?.Ilion of any law, Ordinance, ntatut•o, rule or retjulatiosn by any l8cal, county, ::t1te or fedoral body. t, —9- Sertion1.13. Use of L'.lsold I,ots. Notwithstanding any other provisions in this Declaration to -the contrary, Declarant reserves the right to use, improter , repair, Maintain, operate, care for and dispose of, any lot lots owned or controlled by it for parks, parkwayc,•opon spaces, recreation facilities, swinrning including � fools, teiiuis''cogrts, club houses, er structures appropriate for social ur•convnunity clubs, for the use and benefit .of the'occupants or property- in L•he tract, including the right at any time to abandon any such facilities or use and to move or shift the satno to. arty other lot 'or lots owtied or controlled by ` ;v AKCIII'1'e:G"t`111cttG CONTROL Section 1. Architectural it,nroval. ho•building; Aruct.ure, fence, 'well, or improvement of any kind Shall be coounec►ced, arected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein, incl..tding patio covers, be added or installed uutil'the plans and nppcitications showing the nature, kind, color, shape, height, mal:erials and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the •tlrchitcuetural. c:otmnittou provided to:,- in :;oc:tiou 3 hereof. In the event the Are)litactltral Cocnnittoe, for iLs dcs'ignated ropre- :)entatives., Caila to approve or disapprove such design and loca- tion within thirty (30) (lays alter said plar►t► and six::citicationa nave Nolen sui.cuitted to it, approval wi,'ll not. be required, and. thin .irticlo will )xx doomed to have i).eoc► Cully cwnplind with, ;;ccalou ?., tt)poininu:uL of. nrc.hitoc_ .tural Conruittoo. '191r. iXtclar<►nt uhall 131it.i,,lly appoint the Alchitcc:l:ural CouuniL•tue, conLisLinr3 of three (3) mnmlx:rs, who Bliall romail► in office until thn •ilrl't anni vor::.,ry ditto of thu ioLluwico of the public roport osctho Peoport'ion. '1'hcrvalhcr, thu lloclaraut 011all )►avu the► right to ap)x.#ictt a majority vl' Hit- rtuaol eru of t►ux ltrehiteutural CoNntittou, and o..4ners holding a majority of .lots in 'l'ract' 13000 shall have the power to appoint one member of the Architectural Committee until such time -as ninety (90) percent of the lots in the Properties havo'been sold, or until the fifth (5th) anniversary date of the issuance of;.t;ho final public report on the Properties, whichever first occurs. From and after such time or evotit, as the case maybe, the'then.•owners of fifty-one (51) percent of the Jots within the Property shall have the power through an instrument euly recorded in the office of the Cout,ty uecorder.of• aiverside. CoWiLy, to appoint the .architectural Committee, change the meinbership of the Architectural comt(iittee, withdraw the powers and duties of: said Co mtittoo, or restore any of its powers previously withdrawal.- Any member 'appointed to the I,rchitectural Couvuittoe by Declarant need riot be an owner. 1n the event of the"'doat;t. or rosigi,ation of: any member of the Committee prior to the time when the owners are vestecl with authority, the I)cclarant shall iiava Lhe to app.AuL such member's ssuccelsor. ;ection 3. and cbnfortnit y of 1-laus. The Commmittee shall, iropt time to time, Eadopt' at,d hrowulcjate I,rchitac- ' tural :Standards to 1,C administered heretnidur. if the Architectural i;tandardc so provide, no i,uilciinq, feitue, wall or other structure shall be costanaiieed, erecL-ecu, or waintained upon t'hc; ;'YroE,erties, nor. shall there be any addition to or change it► thL, exterior of any residence on a lot, :structure or other improvqutent, unless plans; and npeciticabiouo therefor have bJQn sukXwittod to and approved by the i%rchitectural Conunitteo. Thu Architectural Standards shall include ,vnong other things: those rosstrictions and limitations upon the owners set forth lxslow: (a) Tinwi limitationa for tho completion of the architecturrtl inlprovemoli a for which approval is 'rectuired pursuant to the 1,rchitectural ';Laodarov; •()0) t;onfb•rtilley of Completed architectural improve- moms to plans and spocil.icaLiosty approvocf by tho Architectural C011;F1110tve" providc-d, howrvrr, an to purc:hikoera rind oncumbranMrts • ,I jii6{lire�tlii� " saMioiihiis�tliit�eti�Nniwkk>IyrrtiwrJNrOhisaeYcisJtbw3iii.:f:,n.�.'.iik'sr�tst��.�;�— • J'�=—"�a�t:r: IL in goocl faith and for'value, unless notice of non -completion or , nonconformance itlentitying the violating lot and its owner -and " specifying the reason for the notice, executed by the Architectural <oowittee,•shall be filed of record in the office of the county Recorder of Itiverside County, California, and given -'to such owner within thirty (30) Gays of the oxpiratiott of the time limitation described its subsection (a) allove, or unless legal proceedings ' shall have becia instituted to enforce compliance or completiot, within said thirty (30) dal- period, the cowpletet; architect►tral improvemetit,s stall Ix: deetncd to }e in compliance with plans and apeciLieations, approved by the Architectural Committee and in compliance with the lrchitectural Standards, but only with respect • to purchasers a.,d enctunbrancors in good faith and for value; (c) Such other limitations and,Xestrictions as ! ojnmitt(; a i►t its reacona)•le discretion shall; adopt, including, without limitation, the regulation of the following; construction, reconstruction, o%terior addition, chango or alteration .to or maintenance of city buildincu, structure, wall or fence, including, without limitation, tho nature, kind, shape,. height-, materials, exterior color wO st►rface and location of nuch clttelling or .3truct'urv. t;cctioct 4. ne►uoral. Provisiot►s. The members of such C'rnt,mit•tec shall' „(.;t be ctttitled to 7c►y c:ou►lx:u.sation for :snrvice:s perfo):mud pars la►,t. to t.;,is coveltant. Ph,.- Ixow►3rs a►ul duties of f;uc.,, cJo,muitteu n),all coaae on auci after t1orty (3W.) years from I tl►e date of the recordirni of t•hits lxtclaration. Theroaftor the approval dencr4l)ud in t:'i s covcn►ant :shall „ot lx, royuirod unless, prior to raid 4ato and 0-f icutive thercol,, a. writtel, il,struttwnt ts'l►all uo executtcd anti duly reworded by the then record owners of a nut jority of tiic logs appoir►ting a reprasusttative or reproactita» tivrfs who sl,allLthereafter u>;eruitso the name powers previously oxercived by earl CVI►tlDiti-Ue. !; � I »17- ,t ,,. Soctio► 5. tLa_l. in tale OVOrat• lAalls and specii;i•- cations `:sutsl►tit,ted to fro Arc hi tectural C.ton>nrittco are divapproved thurvby, the party or pa.Liers making such :sulAnission may -appeal ,in writing to the Committoo in which event the mattor•shalt be stibmittod to the vote at thn lot ownerzt oa the 'Tract. "Phe written roqucest of appeal must- be rocoivoel by t1►o tbnunittee not more than i thirty (30) days followiug.tho find decision of the Architectural Wimilt'ton. 'ilia tbnuuit;tco shall suLYutt suell, roquost to the home•- . otmers for review, whose written recommndatiols will be submitted to the hoinaQwz►ora. Within Lorty.-five (45) clays following receipt • of the request for appeal,-1-he mattor sltal 1 be zsul)mitted to a V;-)to,oL•thQ lot owners at the 'Tract by written ballot. 'file fail• ure C f ►none than ' f i. f ty (50) ixercont of. the owners to cast a nega- tive vote within Liftec:n (15) days after suWd soion:fpr vote shall. ,1 isN c;eo►nud a decision in savor of the appellant. :;cction G. i•:onliahilit ry for :2Lroval of flans. i•ians and 6pucificat•.ion:; are riot. approved for eagiltouring design, and by approvillu stich plans and :,pocificatiols neither the .%.rchilectuval CoumuiL•tue, the nlcllnlxers thereof, ti►e owners, nor -Lk: cla:ant• assuuurs liability or rrsponsibiliL•y therefor, or ')Car any dcfrct in may ntgtcture crntr.truct:cd Irom ouch plans and upoviiicatiolizs. 5ucti of 7. !,gjut a �l icabi..lity t o !x:ciar;,nt Im.a ' rn•ryi.l;ions t•I: thi:; Articlo :;hall- ►tot apply l s .u:y tut owned lay z.ctclaral}t: or Isrivl.• to it!; lirst• iconveyat)cu, to a mvm)x'zr of the isu)>1 i:3. :;action 8. ajl)roval Not Waiver. The approval oL vilo Conmit•tvo of vny p1gn s or zslxs(Aficat:iol►s asuWitted .for approval .a:; luero:I :llx il:icd for uao oil any lot shal). not }xt Ch!oIllod to );o• a Waiver by L•he Coujaiwteo of its right to object to, any of the foaturou or alouzerzts oralxxliltd i n such plans and tgx,;:ifiratiorts, if at* when tho Isttaocl foaturou or ole:rnel►ts are ylllbodieta in any z;uYszualtlent plelnls and upociLicaticrls aulstuittud for all.roval ilia )u•rol)) providoll tor, utse on ot:hor lots. Neither ,i , uaclarant nor its suecossors or assigns, nor t1to cotnnittue or a inewhor thoreol. shall be liable to anyone by rzason of mitatako in jtAgmont•, neylii-gnce or nonfoasanca arising out of or in connoction A with ttlo approval, disapproval or the faii;ul:o to. approve or disapprove any plans. 5eci.ton 9. l..andscalx) colttrol. (a) Phr. c)w11 `fl each .lot shall spKlncl an initial milli of not. .lnss t-ilr.ul'T�_ .of' t.ho total cost of said lot and tilt, msti.lnated co::ts or HIP i:n)>rov(ml(-nts t.horco+l for orn,tiliontal phlllt.i" l•reo:l, ah:uh::, lwtat,:., will hlat(s ::hall l•( ::ul:;u.itl:t•tl ;:o thr (;olIOIlitl:cw faith the• filial plau:: aild i).it:al-ioll:l fc,r" l•I1(` impt-6V<•w:V+l:. ,uul u1u:a ho apltltwrai ill taritiny pu-.i.or ',.o cannnena(•ttlollt of ally r_ull.;"ni ct-Joll or proparat•ion, :curl ::hwl.? irlclutie fh.• 1;izt`, typo alld loc,li ion of all y,1i111r5, ImitnriAl: Wid :;•s:ills.11•1: ;:y::L.(II::. .iitlli.sl ninety (90) days i0tvi: t ill: Crn1!)1.Lt•tintl �,. a•v rt•::9 .Ir11r I , ;r.trn+,uu1111 ltllldl:c•al,i.n(•; sh,111 lx, ,t ill:;ti1111•6 .It Uttl,l• :,:1ltt ill Hit, lrolll:, :lillfl .1.111 1'U.Ir y.11:d rt:u% 01, .;Aid loL. .;,lit: ),;nl(t;:t:tll;.nr; ::11,01 ia- nlaitltaillod ill a l•cat mil ol:(!(1):1.y (•0:1di t.lelr It* eIll L.iu1t•tt d 1 t•)' irl::t•allal.ioll )10 AS to tit( ::cclt I,l(`:::(itl•( .ltllu•.O"IJ (1(• t•u tilt- owtl(V :. an(I uc•cllin(i1t:: of tl'.t• Insi.lrii.11(I :1i.Lt�::, :c` Irut:(•, h(•ri,t•, ir(•t• t:l o(:h(•r l.ulcEscAlliu(, :,1.,11t(l(l, n1 y]aiIIL,Ii111•(l oil .111y l.Ul ill :ilu`11 locotioil or aucll h.•ii.11ll' :•t, :u;, ill thr• ill•iniou o1.th(r (tdlhli.11,:c, Lu tin- .:: ,'••,t:A)I,i,1,1.y ul•t:l•l l;i•�: i 11t- Vi (.1') 1.+ai81 Ally ui i1(•)- l.ut, i,o fl'tv•, :lilt (Il, or ul:i10:1 l,liulti.10,l of .pig )t.irlu :,hall. la nl]uu((1 l+� (,v,.)hau•) of ul,611 .ally ^i(:t•w;tll., ut.11VI, s,t•rlucl)'l,w way, troill (;rr,tnl(1 low.1 to .1 i1(:i(,lltl, 1.11. t,•„ (10) 1voL, withut1L lilt: luiol' vviLt,•11 r.1111,1lwal. uL liv dol,ri3 of Other twifelial;; t:U,111, is. pL ice(, or. Ix-rnlit-tt.'d Lo ❑ucunlulc''(: ulx.)tt Only lxlrtinn of Lit(. Proporty in a Itl: incr which, .ill thr ol,i,li.oll'of uiv ctlnllnit-Lue, r( uric r,: the'. .Lot U111%,ulil•.1ry, tuu;lOhtly, of leulavr or .I JAI- hay..ord, trl•- . (h) In the ovent of the failure of any owner to comply with any of the foregoing requirements (which failury).shall• be regarded as a nuisance), the Committee or its duly authorjzed agents shall so notify the owner and direct such owner to do, whatever work is necessary to secure compliance with thi'u.Soation. If within thirty (30) days after mach owner's receipt of aaid written notice, the owner's lot still noes not conform to then'•: e 1� requirements oL this,saction 9(b)•, the c:olllmittce or its duly 1 a%itborized agents shall hale tbo 'right to enter upon the,ot'.fenfl-- ing property and remove woods, rubbish or other materials and do all thiiiclL; neconsary,•to place, nuch property in compliance with this 5ectiou, including the installation of front l.awna rang oLi3c;: landscaping in highly visible areas. The. owiter of tho oiferldinSl property 414111 be I:orsonally liahlo Lor all costs anfl rxlH?na�; incurr!,cl by tale (Y)iiunitt'oo in . tidUnej such corrective itctr" plU, all coats lllcurro(i ill col.leetill j the alliount;1 dlle: ln- rr c.lulii.nrl rc•-aonla;,lc, at.t•oruey- goes. l;ach Owiinr ahal;l. pciy ;Ill • r alnoulrta (hic for wort: po-rioroled by the Cournit L•ee pursuant to tills "O'Cl-ion 9 Within l.iv* (5) •clays alt'or receipt of writt'elr delaand thor(,.oL. rf'ho cotlt;tlittoo or its repro:tontative clay, from cinle: to time at any reasonable titne, enter upon and inspect any lot subjact to tlli s L)eclarjition for the purpo4as of ascertaining Compliance thorewit'h. 5(rctioll 10. Trinuaiiir,and 1(e moval of Trees and Shrubs. uo tree on 4ny huildintl situ, having a height al. thirty (30) feet or ovor .tWve the ground, shall Ix-r trinunuO, cue back, removed or hillod excopt with tho written approved of tho Colntnittoo. `7;��0 Couunittoe ahrill haver tho I:iyliL• at: ;uty tine• to enter oil or ul)ou .uty earl: of tljv Projoot l.`oY l-lie purpo;,v of cuttinq hitc:k trven or ol•hrr pl;uttit;grr which, in tile, opil►ioll oI t1w (.'Ohre.{ t.t.uo, i;; uacraeit to ►naintaill the view of., ai,d prvtect:, acl joiuincj Jr1't5porty. .;cuairnl 11, lrtapl.-(, i.on of I'rrindanss. nt ally :;�atlnn;li;l. t:ilnr, all arjettt of tho twellAc:cO.tral (Axtimittov may enter jpon and iu:;}Ksct any lo:. roc: t'h,t-pllrlx;:t(: of aarnrtrlinilig whothur the maill- tonanco, constXuctioty, and, alteration of structuro4 thereon are, in compliance. with the provision:: ,►`rr-of, and iio trbspana or other wrongful act slulll ljo deawid to havo boors corimniLtod by reason of such entry and/or juriscliction. , • 1•, �IUtt'rt;AGU•' 1'ItO'rj5UMON c_1,Uw{, ' '• A breach of any of the restrictions, easements, cove- nants, *and reservaticwn horain contain -fad shall not defoat or render invalid tho lion oL any mortgago or does) of trust- trade in good faith and for value as to my lot: covered heroby, but said restrictions, oaselnei"ts, covenants, and resorvations stlall be bindiliqupoll and offd•ctive against any owrlc;r thereof whose titlo' thc!rcto its ,acquiro(I ),y Loreclosure, truuto- is :sale, Pr otharwise.' VI ;dVElc: ,ill l.ITY lnvali(:;Stioll of aw f sale rostrictiolls, oaselms•ats',. COIHilttlbl, !, �bVUltant.:, illid roues-valt:ions ),y it jt dgillenL Or a Court . order !shall in no hay alfect any of tlw other rel3trict1wi , caste - conditions, covenanL•s, end renci'vations, .which almll renlnim ill Lull force and eLf:uct. V3 1 r11•. t:i . 11!• I1•:i :1� Kxc:ept .,:: oLhorwive expres.o.y provided heroin, the+.1. :)ruvinio►►n of t1w :xiclarat:ioll inity )it! :rnrllcied ))y all illtlt.�lll►lvllt ill ' sari tilr.l lligiled hell iAllowledged by ;lrwouty-i i ve (75) pt:rc^_ t. of We! then r(wo d ownora of all lotto wil'.hin t•ho property, whicil tunol)clllu ilt shall l,r•, oftective. ulrm rocordai.iol► in the Uffico of thy• arcordor of miversiou Co►,nty, Califoxida. Tllo foregoing nc►t- wit-Ilstalldicl►,;, Ile Ul"OlAlant •3hr►.l.l ix: -adopted ;lCLuctillq Lhu'torms t Of Art•iclo IV, :;r�cL•ion* ) imfl 1: ol. Lhi.d !,.:!:l.nra ti.on wiL'hout the prior writLeit apprroVal of lx:clarrutt. and no Z,uI(ImIlltook Mkal.l 1)0 adootod Which al loet.; 1:1lc• tvra, of t'hi: le•cl,.l:';ttion :lot torti► -16- =.:•A'L.�l �x�J l�I.le=�,JL_.]l_ _ a.l\a.. s�� I r >t VIII V10ii,:1KUH, Ql, m"S2'Ium'IONS; Ia\1•'OliCh;B1rwr Should any part.:y owning proporty subject to this Deelara- j Lion violate, or att:enpt to violate, or permit violation of any '''.of the restrictions, oasements, covenants, or reservations ';heroin containod, any Owner of any lot covorod hereby ►nay ,prosocute it proccedin:3 uL• law, or it: equity against the person or persons who have violatod, attempted to violate, or permitted the violation of any of the restrictions, easome►;ts, conditions, cove- nants, or resurvat.ions.to prevent or enjoin then from so doing, to'cause said violations to 'ae remedied and/or to recover damages. In any such proceeding the Oecxeo of judcoiteut shall include such sums, costs and,attorney's fees as the court may -deem appropriate for•tho prevµiling party. '1'LJtI.1 G:' 1c1•w`''1'ftI("1'IUlJS ' '1lmse, covenants are to run wit'lo t`•le land and shall lie '>indinq on all uartio—,and all p rsong claitninct under theill for a horiod of thirty (30) .yc ,ir:; from Um date the sty euvcatants • are rc.:orclCu, after wnichj time, said covenants ohe,ll he auto(Dt''•t;ca7lly , oxtentled 1'o•i aucces:►i a puriod..: of toll (10) yc are ull).4'sa an I ' irtLt:rmient. :ticitiod by .a majority of the t•Ittq: owners ol• the lots hate beelr recoVdi". l ac,rVoing to elianOo -naiai c:ovcxtat►ts in whale or. it.. part.. X N(YrI CHS in each instance in w,aich not'icu in to Lea given to the tr.411e1 of a lot.' the: :;auu :;hall Ixi in writing and may be delivered per:.onally, in Whir11 Cali! poramia.l do.livory Of such notice to one or two or more co-owitoru of a .let,' or to any cjonoral partner of a p. rtt;ursltih owning ::uch a lot, shall be cleomed. dol.ivery to al.l of the co-ownnru or to tltc hart uea l►h1.t, an the case may lw, ar:d personal oul.iv(:ry ot. thrt ,;oticrr to any officer or agvuC for the service ot. prcu oa s ui a uut lxar,itiolt owtiintl sticlt lot "hall bu i -17- .��m�"ewr•��k�`iJ�eil"e�_ii—_�' _'a�;. - �'ii_�\.�a..�r._,�,.`— e.• .;jr,il�ai�iif*.ir�rYi��• deemed'.dolivery to tho c:orE.aorntioti or ouch notico may be delivered L'y United State$ uuail, cortit.iod or r'egistarod, postage prejiaid,- return receipt recluest0d, `ttddrusstad to the_ owner of such lot. at the irto3t recent midmis furnished by the owner in writing for tho jwrpose pf givinc3 ltotic:o, of if no such address shall have been iornisiled, 'tile -all to tht'; streot address of such lot, and any notice so dt±positod in tho mnail witllira Aversido County, California, shall tact :doema(l dolivr.ro(i forty-eight (pits) hours aftor such ,.;eposit, idly »olivt• to'ijn yiveml to the ip-c:hitnc;turnl Cormnittee may Ito dt?.t i W a t (l tmr sonzt lly to ,"1►,y memlwr, or celivered ill ouch other mamler its pu,,./ i-r ,atilhorizild by the Comnit:toe. Any lioticei to 1XI gi vau to t i;.• t:i>nuni t t.t:q :Utiali Ise clot i v(�red by the Ualited :;tilt as Ntia:.l , C•11'f.1 L•l,t•U qr a N(j15tt1a"t7(l, (X)$tit(It2 propaid, Y('ft)Ylt rocoipt. ;arid itmty clotic:e so deposited in tilo mail within ;river l(ic t:ounty, t:al iforttio, shall. bca devined delivered forty - ,eight (48) hours niter such deposit. r IN 1:.I'1'itil:;;; td,ir".!tli F, time under:slgmlcd !ails oxocuted this instru- It � 1 n.elat this day of Southwestern Kttterprires Inc., +..• a California corporation By t:GUN'n UY ) Oil j,c:tvr(, mv, the ulad(rsign('•d ,a Notary lui,lic-iil milt t•t)i: said County clla(1 :,fate, poraos)ally l:maowa-I to Ina` tv bo tht: __.._--•-- i�raci - , kmtoma t•(, nt(a to I)u�tile -_ -tha .-c)`I.ir;) 'bona th;lt axeCutcd tl,t: within lnista:umiitiiil .knu5•n't:(7-uIt• t.c. Ixl than porsolau Who 4L—XeCttt('-d tho within 7nmst•ruutc,at opt ImIl ll of Ulu corporation tht!rvin nwmml, rand .trktlowto ultr thttm; :;u(•)4 (;orjxaratiuit ctxecuted the within Doitruu.(•ctt purat►;,itt to i t•al !.y•-lawr; or it roaolutioll of i0i ]soard of W c't?ctors. • tl�tai'yl�iil.lxcr•tu amat] furJSi,icl County Uald. iitatu Klassen, Rachelle From: Greenwood, Mark Sent: Thursday, January 08, 2015 10:58 AM To: Klassen, Rachelle Subject: FW: Abandoned water channel Rachelle, This is regarding The Summit drainage channel on the Council agenda tonight. Mark o v+ r' -o -a From: Hermann, David Z =rm Sent: Thursday, January 08, 2015 10:42 AM i Ormn To: Greenwood, Mark Co L mm Cc: Longman, Beth; Wohlmuth, John a Subject: FW: Abandoned water channel = -+0G w• ()-M Good morning Mark, � �` We received the message below addressed to you and members of the City Council today regarding a flood control channel. I am forwarding it for your information and follow up. Please let me know if I can be of any assistance. David David Hermann Public Information Officer City of Palm Desert 760-776-6411 -----Original Message ----- From: Patricia Meadowcroft [mailto:ptmeadow@me.comj Sent: Thursday, January 08, 2015 9:29 AM To: InformationMail Subject: Abandoned water channel January 8,2015 City Council Members and Public works Director. I am writing to you regarding the uncertain future of the channel behind my home at 48 851 North View Drive, Palm Desert California. 1 When I purchased this property in 1995 1 was told the water channel had been abandoned. Since that time I have never seen any water flowing through this area of my garden. It is my understanding that the original connection to the Corp Of Engineers water control design was changed when Big Horn was developed. I was told the entry to this channel was blocked off above the Goldstone house and the new drainage system was designed to carry water to the Big Horn Lakes. I only wish I had asked for a document that would prove these facts. I contacted the realtor I purchased this property from and presented her with the current problem brought up by the Summitt homeowners President Mr Garrison. He is trying to established that the City of Palm Desert is responsible to clean and maintain this water channel. I disagree with his position. Judy Ziegler, my realtor, has asked the Orange County Title Company to research the actual facts regarding this channel. When Big Horn petitioned the City for permission to put in a ring road around their condo development directly behind my property the question of the channel came up and I remember someone referring to the channel as abandoned. However I have nothing in writing to prove this is the case. Sincerely, Patricia Meadowcroft