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Home My WebLink AboutTT 14747 SHADOW MOUNTAIN DRIVE/APARTMENTS 1981 ` Southern California Edison Company ,t P.O. BOX 410 /(( ^ 100 LONG BEACH BLVD. D �!vcr- e >'`n LONG BEACH,'CALIFORNIA 90801 C.J. LOWERISON.JR.F ^ MAN D AI GER '��. IIIII�PR RIGHT OFWAY AND LAND � •-� J8 Honorable City Council TY�FN44f e I,, City of Palm Desert ,S�RTCS P.O. Box 1648 Palm Desert, CA 92260 Gentlemen: SUBJECT: Tract�No. 17147 Please be advised that the division and development of the property shown on the tentative map of Tract No. 17147 will not unreasonably interfere with the free and complete exer- cise of the easement held by Southern California Edison Company within the boundaries of said tract. This letter should not be construed as a subordination of the Company' s rights, title and interest in and to said easement, nor should this letter be construed as a waiver of any of the provisions contained in said easement. If the final map of said tract differs from the tentative map, a further review will be necessary. If additional information is required in connection with the above mentioned subject, please call me at (213) 435-1121, extension 252 . Very truly yours, A. DILIBERTI Supervisor, Land Administration 1029h (3)/ndb cc: Safeco Title Insurance Co. P.O. Box 111 Riverside, CA 92501 Attn: Steve Lotspeich 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 January 12 , 1981 Mr. Harry Schmitz, Mr. David Heusinkveld Noe-Jack A Partnership P. 0. Box 535 Palm Desert, California 92261 Subject : Request for ApprovalHof IT 17147)a d TT 11148 �,_„ Apar-tment 6onversion) Gentlemen: At its regular meeting of January 8 , 1981, the Palm Desert City Council did approve the subject request by adopting . Resolution Nos . 81-5 and 81-6 . I am enclosing copies of these resolutions for your information. If you have any questions, please do not hesitate to contact me. Sincerely, _�I�CG/GAL mac/ SHEILA R. GILLIGAN CITY CLERK SRG/dc Enclosures (as noted) RESOLUTION NO. 81-6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDOMINIUM SUBDIVISION LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 850 FEET EAST OF LUPINE LANE. CASE NO. TT 17148 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of January, 1981, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential , minimum 13,000 sq.ft. lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 850 feet east of Lupine Lane, more parti- cularly described as: Lot 1 of Tract 5291-12 WHEREAS, the Planning Commission, by Planning Commission Resolution No. 662, has recommended approval subject to conditions; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the subject project is a Class 1, Categorical Exemption, and no further documentation is deemed necessary; and, WHEREAS; at said Public Hearing, upon hearing and considering 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 approve the Tentative Tract Map; (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design- or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by,the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. TT 17148 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm. Desert City Council , held on this 8th day of January, 1981, by :the. following vote, to wit: AYES: Puluqi, Snyder & Wilson NOES: Newbrander ABSENT: ' McPherson ABSTAIN: None �2 Y WI N, ayor ATTEST: /l SHEILA R. GILL MAN, City qjKft k RESOLUTION NO. 81-6 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17148 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 the requirements, limitations, and restrictions of 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 City Engineer shall be installed in accordance with City standards. 3. Access right to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development shall be submitted to the Director of Environ- mental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. 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. 6. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any J improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the subdivision improvements by the City. 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10.. 10. 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 . 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developers shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow Mountain Drive. The sidewalk shall be approved by the Director of Public Works. 1 3. Any/all service lines on subject property, shall be placed underground prior J to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final Map approval , to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction. 4. Development shall conform to all requirements and parking standards relating to condominiums. RESOLUTION NO. 81-5 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING' A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDOMINIUM APPROXIMATELY 300 FEET WEST OF LUPINE LANE. CASE NO. TT 17147 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of January, 1981, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential, minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane, more particularly described as: APN 627-301-021 WHEREAS, the Planning Commission, by Planning Commission Resolution No. 661, has recommended approval subject to conditions; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the subject project is a Class 'I, Categorical Exemption, and no further docu- mentation is deemed necessary; and, WHEREAS, at said Public Hearing, upon hearing and considering 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 approve the Tentative Tract Map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. 17147 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council , held on this 8th day of January,• 1981, by the following vote, to wit: AYES: . Pulugi, Snyder & Wilson NOES: Newbrander ABSENT: McPherson ABSTAIN: None 17 S. 0 WILE V, Ma r ATTEST: SHEILA R. GILLIGAN, Cit - lerk City of Palm Desert, CiTifornia /lr RESOLUTION NO. 81-5 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17147 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 the requirements, limitations, and restrictions of 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 City Engineer shall be installed in accordance with City standards. 3. Access rights to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development. shall be submitted to the Director of Environ- mental Services for review and final approval by the City Attorney prior to issuance of any building permits. Prior to recordation of the final sub- division map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Mahagement and maintenance agreement to be entered into with the , owners of the units of the project. (Which has been approved) 5. 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. 6. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. : 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any 1 improvements is commenced. The subdivider shall submit "as built" plans J prior to acceptance of the subdivision improvements by the City. 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10. 10. 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 . 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developer shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow. Mountain Drive. The sidewalk shall be approved by the Director of Public Works. l 3. Any/all service lines on subject property, shall be placed underground prior J to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final Map approval , to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction. 4. Development shall conform to all requirements and parking standards relating to condominiums. __ i CITY OF PALM DESERT TRANSMITTAL LETTER I. TO: Honorable Mayor and City Council II. REQUEST: Request for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential minimum 13,000 sq.ft. lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane. III. APPLICANT: NOE-JACK A PARTNERSHIP .2 Representatives: David Heusinkveld Harry Schmitz P.O. Box 535 45-900 Paseo Coronado Palm Desert, CA Indian Wells, CA 92260 IV. CASE NO: TT 17147 (Apartment conversion to condominiums) V. DATE: January 8, 1981 VI. CONTENTS: A. Staff Recommendation. B. Discussion. C. Draft Resolution No. 81-5 D. Planning Commission Minutes involving Case No. TT 17147. E. Planning Commission Resolution No. 661. F. Planning Commission staff report dated December 2, 1980. G. Related maps and/or exhibits. ------------------------------------------------------------------------------------ A. STAFF RECOMMENDATION: Waive further reading and adopt Resolution No. R1-5 , approving Tentative Tract Map 17147, based on findings and justification contained' in said Resolution. B. DISCUSSION: The Planning Commission reviewed this request at the meeting of December 2, 1980. This request, which is to allow conversion of an existing 9 unit apartment to condominiums was approved by the Commission without any comments or questions from the Commission or audience. RESOLUTION NO. 81-5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDOMINIUM APPROXIMATELY 300 FEET WEST OF LUPINE LANE. CASE NO. TT 17147 WHEREAS, the City Council of the City of Palm Desert, California, did on the 8th day of January, 1981, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential, minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane, more particularly described as: ... , J APN 627-301-021 WHEREAS, the Planning Commission, by Planning Commission Resolution No. 661, `has recommended approval subject to conditions; and, WHEREAS, said application has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-89", in that the Director of Environmental Services has determined that the subject project is a Class 1, Categorical Exemption, and no further docu- mentation is deemed necessary; nd, WHEREAS, at said Public Hearing, upon hearing and considering 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 approve the Tentative Tract Map: (a) That the proposed map is consistent with applicable general and specific plans. (b) That the design or improvement of the proposed subdivision is consistent with applicable general and specific plans. (c) That the site is physically suitable for the type of development. (d) That the site is physically suitable for the proposed density. of development. (e) That the design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or. substantially and avoidably injure fish or wildlife or their habitat. (f) That the design of the subdivision or the type of improvements is not likely to cause serious public health problems. (g) That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or- use of, property within the proposed subdivision. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, as follows: 1. That the above recitations are true and correct and constitute the findings of the Council in this case. 2. That it does hereby approve the above described Tentative Map No. 17147 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City ( Council , held on this 8th day of January,. 1981, by the following vote, to wit: L AYES: NOES: ABSENT: . ABSTAIN: S. ROY WILSON, Mayor ATTEST: SHEILA R. GILLIGAN, City Clerk City of Palm Desert, California /lr f y RESOLUTION NO. 81-5 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17147 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 the requirements, limitations, and restrictions of 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 City Engineer shall be installed in accordance with City standards. 3. Access rights to Shado%,; Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development shall be submitted to the Director of Environ- mental Services for review and final approval by the City Attorney prior to issuance of any building permits. Prior to recordation of the final sub- division map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. 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. 6. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. , 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans Il prior to acceptance of the subdivision improvements by the City. J 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10. 10. 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 . 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developer shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow. Mountain Drive. The sidewalk shall be approved by the Director of Public Works. 3. Any/all service lines on subject property, shall be placed underground prior L to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final Map approval , to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction. MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 2, 1980 Page Four VI. PUBLIC HEARINGS (cont. ) Mr. McClellan replied that he had not been involved in a bridge assessment district but could be looked into. Commissioner Berkey felt there might be alternatives in acquiring the monies necessary for widening the bridge. Mr. McClellan stated that a precedent was established when they required the Hahn Center to contribute for the bridge on Hwy 111. He added that the cost analysis was necessary to give an estimated cost to the applicant. Commissioner Richards stated he did not agree that it should be the developers responsibility. He felt that it might not be necessary to widen the bridge and added that an exact cost should be established beofre the developer agreed to. the condition. Commissioner Richards also felt that this should be handled by the City Council . Commissioner Berkey agreed that this matter should be determined by the City Council being that this was a fiscal matter. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the. Public Hearing was closed. The Commission agreed that the bridge cost matter should be determined at the City Council meeting. Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to recommend approval to the City Council by adoption of Planning Commission Resolution No. 660, subject to conditions. Carried unanimously (5-U G. Case No. TT 17147 - NOE-JACK A PARTNERSHIP and HARRY SCHMITZ, Applicants. (_ Request for approval of a Tentative Tract to create a ten lot Y "non-statutory" condominium subdivision on approximately .7 ll gross acres within the R-3 13,000 (3) (Multifamily Residential , min. 13,000 sq.ft. lot, one dwelling unit per 3,000 ft; of lot area) zone generally located on the south side of Shadow --- - Mountain Dr. , -approx. 300 ft. west of Lupine Lane. .. - Mr. Sawa reviewed the staff report and noted that the installation of a public sidewalk would be completed prior to final map action. . Staff recommended approval . Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. MR. JOHN BURKE, 73-525 Shadow Mountain, Representative for David Heusinkveld, stated he agreed with the conditions and asked for approval . Chairman Miller asked if anyone present wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. Motion was made by Commissioner Kryder, seconded by Commissioner Richards, to recommend approval to the City Council by adoption of Planning Commission Resolu- tion No. 661, subject to conditions. Carried unanimously (5-0). H. Case No. TT 17148 - NOE-JACK A PARTNERSHIP, AND HARRY SCHMITZ, Applicants Request for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential , minimum 13,000 sq.ft. lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the south side of Shadow Mountain Drive, approximately 850 feet east of Lupine Lane. PLANNING COMMISSION RESOLUTION NO. 661 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTO^Y" CONDOMINIUM SUBDIVISION LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 300 FEET WEST OF LUPINE LANE. CASE NO. TT 17147 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of December, 1980, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential , minimum 13,000 square foot lot, one dwelling "unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane, more particularly described as: APN 627-301-021 WHEREAS, said application. has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. 80-39% in that the subject project is a Class 1 , Categorical Exemption, and no further documentation is deemed .necessary. 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 Pap: 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 development proposed. 4. The design of the subdivision and the proposed improvements are --__ . not likely to cause substantial environmental damaoe 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 constitute the findings of the Commission in' this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 17147 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert . K Planning Commission, held on this 2nd day of December, 1980, by the following vote, " to wit: AYES: BERKKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER ,, NOES:• NONE ABSENT: NONE ABSTAIN: NONE ATTEST:, CHARLES MILLER, Chairman RAMON A. DIAZ, Secretary /lr L PLANNING :OMMISSION RESOLUTION NO. 661 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17147 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 the requirements, limitations, and restrictions of 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 City Engineer shall be installed in accordance with City standards. 3. Access rights to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. 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. 6. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as bujlt" plans prior to acceptance of the subdivision improvements by the City..:,/ f r 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10. 10. 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 . . 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developer shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow Mountain Drive. The sidewalk shall be approved by the Director of Public Works. 3. Any/all service lines on subject property, shall be placed underground prior L to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final Map approval , to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction. CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Tentative Tract Map APPLICANT(S) : NOE-JACK A PARTNERSHIP HARRY SCHMITZ (Represented by DAVID HEUSINKVELD) (45-900 Paseo Coronado P.O. Box 535 Indian Wells, Calif. 92260) Palm Desert, CA 92261 CASE NO: Tentative Tract 17147 (Condominium Conversion) DATE: December 2, 1980 I. REQUEST: Request for approval of a Tentative tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane. LOCATIONAL MAP: IIIIl�aII \ I / iI1I .LLU I-1 ®1 ® IF immul STATE - HI G' HW AY 111 11 =� f _E t_a� =pA S EO�5� I11r. 1 �y , I I I I ' 1111 TT f o e 1 v E i 11 C E a T e �♦0 � /��F^• ,fIA 1 1 11 0 M W 0 0 0 f T ♦ C [T , i W7'7/-"1Tm1 rnmmmn M II. BACKGROUND: A. ADJACENT ZONING/LAND USE: \ North: PR-16 South: R-1 12,000 East: R-3 13,000 (3) West: R-3 13,000 (3) B. GENERAL PLAN LAND USE DESIGNATION: Medium density Residential , 5-7 d.u./acre C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is a Class I, Categorical Exemption, for purposes of the California Environmental Quality Act, and no further documentation is deemed necessary. STAFF REPORT TT 17147 December 2, 1980 Page Two D. PREVIOUS PERTINENT CASES: CUP 06-80 - DAVID HEUSINKVELD, Applicant; Conversion of apartment to condominiums; approved by Planning Commission Resolution No. 601, June 3, 1980. Design Review Case No. 34 MF - Review of the subject nine unit apartment complex; approved by Planning Commission Resolution No. 584. E. MAJOR TRACT IMPROVEMENT (REQUIRED) Sidewalks or aPeroved pathways, and tie-in paving shall be provided in conformance with City standards as required by the Director of Public Works. III. DISCUSSION: The subject map compliments approved Conditional Use Permit 06-80. The installation of a public sidewalk will be completed prior to final map action. IV. STAFF RECOMMENDATION: Based on the justification contained in the draft Resolution: . Recommend approval of Tentative Tract Map 17147, to the City Council by adoption of Planning Commission. Resolution No. , subject to conditions. MINUTES PALM DESERT PLANNING COMMISSION MEETING DECEMBER 2, 1980 Page Four VI. PUBLIC HEARINGS (cont. ) Mr. McClellan replied that he had not been involved in a bridge assessment district but could be looked into. Commissioner Berkey felt there might be alternatives in acquiring the monies necessary for widening the bridge. Mr. McClellan stated that a precedent was established when they required the Hahn Center to contribute for the bridge on Hwy 111. He added that the cost analysis was necessary to give an estimated cost to the applicant. Commissioner Richards stated he did not agree that it should be the developers responsibility. He felt that it might not be necessary to widen the bridge and added that an exact cost should be established beofre the developer agreed:to. the condition. Commissioner Richards also felt that this should be handled by the City Council . Commissioner Berkey agreed that this matter should be determined by the City Council being that this was a fiscal matter. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or OPPOSITION to this case. There being none, the Public Hearing was closed. The Commission agreed that the bridge cost matter should be determined at the City Council meeting. Motion was made by Commissioner Berkey, seconded by Commissioner McLachlan, to recommend approval to the City Council by adoption of Planning Commission Resolution No. 660, subject to conditions. Carried unanimously (5-0). G. Case No. TT 17147 - NOE-JACK A PARTNERSHIP and HARRY SCHMITZ, Applicants. Request for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 .13,000 (3)' (Multifami.ly Residential , min. 13,000 sq.,ft. lot, one dwelling unit per 3,000 ft. of lot area) zone generally located on the south side of Shadow Mountain Or. , approx. 300 ft. west of Lupine Lane. Mr. Sawa reviewed the staff report and noted that the installation of a public sidewalk would be completed prior to final map action. Staff recommended approval Chairman Miller opened the Public Hearing and asked if the applicant wished to make a presentation. MR. JOHN BURKE, 73-525 Shadow Mountain, Representative for David Heusinkveld, stated he agreed with the conditions and asked for approval . Chairman Miller asked if anyone present wished to speak in. FAVOR or OPPOSITION to this case. There being .none, the Public Hearing was closed. Motion was made by Commissioner Kryder, seconded by Commissioner Richards, to recommend approval to the City Council by adoption of Planning Commission Resolu- tion No. 661, subject to conditions. Carried unanimously (5-0). H. Case No. TT 17148 - NOE-JACK A PARTNERSHIP, AND HARRY SCHMITZ, Applicants Request for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 .(3) (Multifamily Residential , minimum 13,000 sq.ft. lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the south side of Shadow Mountain Drive, approximately 850 feet east of Lupine Lane. 45-275 PRICKLY PEAR LANE, PALId DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TEN (10) LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONVERSION OF AN EXISTING NINE (9) UNIT APARTMENT COMPLEX TO NINE (9) UNIT NON- STATUTORY CONDOMINIUMS AND ASSOCIATED COMMON AREA LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN DR. 300 WEST OF LUPINE LANE. CASE NO. TT 14747 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by NOE-JACK, INC. for approval of a ten (10) lot Tentative Subdivision Map to allow the conversion of an existing nine (9) unit apartment complex to nine (9) non-statutory condominium units and associated common area within the R-3, 13,000 (3) (Multi-Family common area within the R-3, 13,000 (3) (Multi-Family Residential 13,000 sq. ft. lot minimum one unit per 3,000 sq. ft. of lot area) zone, located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane more particularly described as: Lots #3 and #4 Blk.11 "P11 Palm Desert Unit #l . 111 \ I / Ila ® I ® � 11111� 5A TE HiGHW A �E t: _fUASOM b � • TT 04747 w 0 11 1 V 6 j AD . NL� • r_ / 0 ♦ T ^ Y I� SAID Public Hearing will be held on January 8, 1981, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, the proposal would allow the conversion of 9 apartment units to condominiums. - SHEILA R. GILLIGAN, CITY CLERK - CITY OF PALM DESERT, CALIFORNIA PUBLISH: Palm Desert Post December 24, 1980 � � � t — qwlwr- d DEC24T C ALIF ' a ..-.."• Is. 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 Pa 69G�,Q,' TELEPHONE(714) 346-0611 '• -U 12F�-1�151i'�' -cif �E:ill�ilft� N1111-4 ON - Ruth N. Keller c/o Roy Barton f 2727 N . Strathmore Ave. Rosemead , ca. 91770— JAN 141981 l j Ei. . .ENTAL SERVICES 4 `� ti I Y OF PALM DESERT CALIF' �!1,9^.•p�7i _ JR 48-278 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIAM TELEPHONE(714) 348-0811 . N1 RETUFN. TO R —NOT DI*:`L.1VE:RAE:I_13: AS ADWi SSIE:D UNABLE 7O FORWARD i ,atricia J . Clark =08 Regent Rd.j an Diego , a. ;92122 JAN - 6 1981 ENVIRONI:IENTAL SERVICES CITY OF PALM DESERT 1= z ; s CL 9ec24V 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 Cq(-,� t TELEPHONE(714) 346-0611 ATTEEMPTED - nc(T VNOWN aET UR'y SENDER Sandroc Homeowners Ass , 1 J z N LYE C/o N. Roy �o 14105 Dur ullen Dr. Loan Poway, C 92064 N � S.POS�: 1 5 45.275 PRICKLY PEAR LANE,PALM DESERT CALIFORNIA 62260 CAOS �;n!' TELEPHONE 014) 346-0611 e--„n m wJ 0 Carina R. erry g .O to 1401 Park ay Dr. m°m co Beverly H lls, Ca. 90210� < o y 0 J DEC24'to F• l 5 �: �YCEP 45-275 PRICKLY PEAR LANE.PALM DESERT.CAUFORNIA 92260 RETv TELEPHONE(714) 346-0611 ,`^^ � SFN Ny La JAN - 1981 D. Z . or K. Tymofy 74-425 Can lewOOd ENVIRONMENTAL SERVICES Palm Desert Ca. 92260 CITY OF PALM DESERT LEOF' �imU.S.PUSIAG" DEC24'8" a,l li 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 C A L F ' P A I';5ac�::�l------� TELEPHONE(714) 346-0611 RETU� ATTEMPTED-NOT KNOWN VlF'1t7iC1ENT ADDRESS Peter W Kemmsies Av SUCN NUMBER c/o Mr. Luttz VACANT 73-740 adov Mnt. Dr. o FF, �^. RASED Palm Des rt , Ca. 92260 �V1� J A N - g 1981 _ ENVIRONMENTAL SERVICES , CITY, OF, PALM DESERT, tV Q !a;LIS.PO� AGE'; DEC 45.275 PRICKLY PEAR LANE,PALM DESERT CALIPORNIA82260 r.• CA L(F•. -V , ' �� TELEPHONE(714) 346.0611 `:: TO <, SENDER ° UNDELIVERABLE AS ADDRESSED ATT Ip-, 3-(10T K14OWN p, :ZiEP:TADDRESS �—�� UrH NUiMR ✓ Phylli Sand ers �� VACANT 73-385 ado, Mnt. Dr. ' REFUSED Palm Dese t , Ca. 92260 JAN - g 1981 k711_L + INITIALY . ENVIRONMENTAL SERVICES - - CITY. QE PALM DESERTi •X ., f �2SL�� 0� �n c'� �Q�Ql�i �o ` 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (7I4) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TEN (10) LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONVERSION OF AN EXISTING NINE (9) UNIT APARTMENT COMPLEX TO NINE (9) UNIT NON- STATUTORY CONDOMINIUMS AND ASSOCIATED COMMON AREA LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN DEC. 300 WEST OF LUPINE LANE. CASE NO. TT 14747 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before .the Palm Desert City Council to consider a request by NOE-JACK, INC. for approval of a ten (10) lot Tentative Subdivision Map to allow the conversion of an existing nine (9) unit apartment complex to nine (9) non-statutory condominium units and associated common area within the R-3, 13,000 (3) (Multi-Family common area within the R=3, 13,000 (3) (Multi-Family Residential 13,000 sq. ft. lot minimum one unit per 3,000 sq. ft. of lot area) zone, located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane more particularly described as: Lots #3 and #4 Blk. IIPII Palm Desert Unit #1 . Ill \ I / 11311 \ I / IIII ( � 111" 1" rMTT ®� ® _ a STATE -HIGHWAY III 1 ��_ 7y2 ' �o c� �E t .� A S MEO� 1-7 0-7 N , TT IA7 C AY e ^ D N I V E i T N E E ME I D' Y 1 N Y O N ] T N C [T I-rrrrrrrrrrrn SAID Public Hearing will be held on January '8, 1981,: at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, the proposal would allow the conversion of 9 apartment units to condominiums. SHEILA R.. GILLIGAN CITY CLERKr :' CITY OF PALM DESERT, CALIFORNIA , :r-- PUBLISH: Palm Desert Post December 24, 1980 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TEN (10) LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONVERSION OF Ail EXISTING NINE (9) UNIT APARTMENT COMPLEX TO NINE (9) UNIT NON- STATUTORY CONDOMINIUMS AND ASSOCIATED COMMON AREA LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN PR. 300 WEST OF LUPINE LANE. CASE NO. TT 14747 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before .the Palm Desert Planning Commission to consider a request by NOE-JACK, INC. for approval of a ten (10) lot Tentative Subdivision Map to allow the conversion of an existing nine (9) unit apartment complex to nine (9) non-statutory condominium units and associated common area within the R-3, 13,000 (3) (Multi-Family common area within the R-3, 13,000 (3) (Multi-Family Residential 13,000 sq. ft. lot minimum one unit per 3,000 sq. ft. of lot area) zone, located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane more particularly described as: Lots #3 and #4 Blk. "P" Palm Desert Unit #1 . ®i ® I - S TAT E H I G H W A Y _E tom_ A S E O� l 4 w D e i v E P-t M Y D M �) T 1110MM0 D T (I SAID Public Hearing will be held on December 2, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, the proposal would allow the conversion of 9 apartment units to condominiums. Stan Sawa, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 20, 1980 n, 1 : • � - • i a .� �-;� .1 -r 45-275 PRICKLY PEAR LANE, PALIA DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TEN (10) LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONVERSION OF AN EXISTING NINE (9) UNIT APARTMENT COMPLEX TO NINE (9) UNIT NON- STATUTORY CONDOMINIUMS AND ASSOCIATED COMMON AREA LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN PR. 300 WEST OF LUPINE LANE. CASE NO. TT 14747 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before .the Palm Desert Planning Commission to consider a request by NOE-JACK, INC. for approval of a ten (10) lot Tentative Subdivision Map to allow the conversion of an existing nine (9) unit apartment complex to nine (9) non-statutory condominium units and associated common area within the R-3,, 13,000 (3) (Multi-Family common area within the R-3, 13,000 (3) (Multi-Family Residential 13,000 sq. ft. lot minimum one unit per 3,000 sq. ft. of lot area) zone, located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane more particularly described as: Lots #3 and #4 Blk. "P" Palm Desert Unit #1 . iilHz MTrTTTMI ®� ® STATE HIGHWAY 111 � • sE L _P A 5 E 0�N-r—� - Y V TT I f 1 o N 1 v E NA T N E E 1 , / - Y 1 N Y 0 M ITR 1 11 0 N W 0 0 0 T N T T IGPr ^ � rTT'� SAID Public Hearing will be held on December 2, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, the proposal would allow the conversion of 9 apartment units to condominiums. Stan Sawa, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post Y November 20, 1980 - 1 � t" ' j4IU.J.M:iJ IHbu� 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 r' C/a L�F I".U.a5ElaSL___ �s"• v�.. TELEPHONE Q 46-0611 3'•x ''`'�`/ RETU f 0�y S NpERcb c ��F n Q� �F QP3� F Holdsworth ao4 hadow N,nt. Dr. ert , Ca . 92260 .S.PuSI UL cT —1 o �$Qi�' ®T �J?��LIIl �F�O�.°'¢e �1- HCY2!'FC y 48-276 PRICKLY PEAR LANE,PAL1A DESERT,OALIFORNIA 92260 -y �t CAI ( � !< � TELEPHONE(714) 548-061I ~• a - ERAsUNDFC f"0F gfSAA DDR mow— Peter W. Kemmsies L►® EG1`L19a� c/o t r. uttz U ^fg 73-740 S adoW Mnt. Dr. Palm Dese t , Ca. 92260 U� f 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA 62260 Cq L)F• ri.+:+¢w1 j TELEPHONE(714) 546-0611 17�1, O�Ci1.2 V�G�6 Phyllis Sande s �tP�gE86�� 73-385 Shadow t. Dr. �VvRpNo PPS Palm Desert , C 192260 I AOORFSSto tl� ti S / P.S.PoS!AL'ti� r Q xOV21V �'' -A� , 15 i 46.275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA9226O a�: �t'/� •' .wCA 0( B39ISa i. n TELEPHONE(TIQ 346-0611114- , o DDR fss s+� M & M unham r OFF f 73-310 hadow Ant. Dr. �. yrn`�. 1119 - Palm Des rt, Ca. 92260 w r>3;�F BQ e � .q�M y _\ U.-__- \�U.S.Nl7S_ �$�e� ®� T6aatTnrn� `a9 NOYZIW -- t 1 5 �� ,I• ��.�t" 'rl" nrrty 4b276 PRICKLY PEAR LANE,PALM DESERT,CALJFORNIA 92260 :< C F TELEPHONE(714) 346-0611 �C' RErYO 1 UIV'DFf SENOR ?8 RggEF AS Q v,Eo�Dt KtmwN ---- - Ao ,�� {ySUFftG$`-j! ADDRESS t, t40 SL4 1iUo"ER —� . R. 0 E . Gressman iL14� 73- 60 Juniper St. DEC REFUSED F P m Desert , Ca. 92260 �31980 cvvJ, RTtf 1N1t1 / 01Y OF ati'''lt 3- J Lm DCgERTFS 43-273 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 62260 Cq LIF' ppUU >E x �- LC.33'!iP5 TELEPHONE(714) 346-0611 k,pwmil;mwk� n_ i P,IVpWN RFr y, 53ESS ra a "I r ri• SFN .�i`x RM� (kITUI F7�-260 r o x —3 H• sEit\'ICES shua Tree St . lC a. 9 2 2 60 ESEajxert , EP1VIiz0�FEPAM CITY � •� DII�, ":jajL�.S.POS1AGEiL i' 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 l�seeissl— TELEPHONE(BCA46-0611 U rn ^ a RETf.R Tr) SF NDE. NOT oE)_.T.VERA1?L_F AS AMRESSFo z w 1.INAEILF: TOF nFtwclr:n 7- 0 o 70. Ruth N . Keller w c/o Roy Barton 2727 N . Strathmore Ave. 1 Rosemead , Ca- 91770 ' � V 1 US.Vu$IAULI: �AgOP ®� T6.,�a.OMIM ��no� a xcvz; ct C 45-275 PRICKLY PEAR LANE,PAUA DESERT,CALIFORNIA 92260 - l-��''� I• AUF' LDswsaL�_K TELEPHONE(714) 346-0611 � LLO ptv — 1 Carina . . Perry , v1cEs 1401 P rkway Dr. pE9EftS_ Bever y Hills, Ca. 90210 k - ,•.,. Of PALM -.: ... FOR , Ij (LO$-ow' <cD:T 3PmM,,m =mmmn a d NOV21'9P 5 is 43-275 PRICKLY PEAR LANE.PALM DESERr,CALIPORNIA62260 Cq QI • 7�""F° I.Ii.833133 TELEPHONE(714) 346-0611 f t7Rl uf_7 7JIi^4h?tJt 1 .(i.'.4�iAti1\® Y .ITS- i?Il'.'TJ;'?p�1M. '1'�1!%$.''iflth, 1 �< �O 00T i�'�_.•YIlFAAbiF fi 1►r. gF.111Rf'!c;rP !' 19 F,S ('.'Fyll`F�IT�iJYI'0!(!ilS�f`Ji,llia[tiF, j 1'1117 1T 01=`C..-CI.11=:RAI?,I h At:i ACii)RF!z:=SI ) y Tfl FORWAW Sandroc Homeowners Ass . c/o N. Roy 14105 Durhullen Dr. Poway, Ca. 92064 46.276 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 92260 TELEPHO NE(714) 346-0611 i Si HCER� UNDELIVERABLE AS ADDRESSED, �I w oca�ri,n .�r o1G Gusmits E g. , Inc. (1 73-330 Sh ow I'. Dr. .� Palm Deser Ca. 92260 XK I Drc Cv!iRa,J 1980 E cv n Tr a Nr F A C ep •�I PAS �S�TeS x. l'F `y �`IU.J.U1J�HbP: HOV 211C y _ 3 . 45-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA92260 • ,�,-' C`0� FU g;blyj TELEPHONE(714) 346-0611 •' " E(! je—� dl �. Blake S . Talbotoro«eo ;1 73-330 Sh dow Dint. Dr. ¢® DEC - j 1980 Palm Dese t, Ca. 92260 i itv��`l-r e!�i - nt'�rcc� If 45-278 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 82266F:""e¢n— Cq L)F ' pppp i K TELEPHONE(719) 348-0811 .y5�r• AETpq;„ TD se OCR n� cr,s' UNDELIVERABLE AS AQDRESSED ' ��-3 Tom Casemen o� o��p4Nr ' 73-330 Shad v l0int. Dr. ;3 f ENC, oFEpptM DL�C�js Palm Desert, Ca. 92260 I� t V NOV21'S'.Omllwr a. 46.275 PRICKLY PEAR LANE,PALM DESERT CALIFORNIA 62260 Cq �C_ TELEPHONE(714) 346-0611 Sharon D. Boltz c/o Norman &. Roxanne DEC_ 1 1980 • - •12801 Elkwood ' ADDRESSEE at GC'ry OF��NTgL SERVICES �� , - North Hollywood , Ca. UNKN0IVY!4 o 1? PALM DESERT ETURN F0 SENDER nov2U ti NOV 21'SI, 46-275 PRICKLY PEAR LANE,PALM DESERT,CALIFORNIA 62260 Qq L1(t i. _ P.9.95aI ~. _ m i TELEPHONE(714) 346-0611 ADbRESSEE UNi<N0VVN eF G71� . � (o S eiin East Stsadena, r C ' 1 t OO SQL aD81n= 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE December 3, 1980 APPLICANTS) Noe-Jack A Partnership Harry Schmitz P.O. Box 535 45-900 Paseo Coronado Palm Desert, CA 92261 Indian Wells, CA 92260 CASE NO: TT 17147 The Planning Commission of the City of Palm Desert h s co side ed r request and taken the following action at its meeting of lecember 19v8o� CONTINUED TO DENIED BY PLANNING COMMISSION RESOLUTION NO. XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 661 PLACED ON THE AGENDA OF THE CITY COUNCIL FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environ- mental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. -7 RAMON A. DIAZ PALM DESERT PLANNING COMMISSION cc: Coachel ,a Valley Water District File PLANNING COMMISSION RESOLUTION NO. 661 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM DESERT, CALIFORNIA, RECOMMENDING APPROVAL TO THE CITY COUNCIL OF A TENTATIVE TRACT MAP TO ALLOW A TEN LOT "NON-STATUTORY" CONDOMINIUM SUBDIVISION LOCATED ON THE SOUTHSIDE OF SHADOW MOUNTAIN DRIVE, APPROXIMATELY 300 FEET WEST OF LUPINE LANE. CAS'c. NO. TT 17147 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 2nd day of December, 1980, hold a duly noticed Public Hearing to consider the request of NOE-JACK #2 (A Partnership) for approval of a Tentative Tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Residential , minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane, more particularly described as: APN 627-301-021 WHEREAS, said application. has complied with the requirements of the "City of Palm Desert Procedures to Implement the California Environmental Quality Act, Resolution No. .80-39% in that the subject project is a Class 1 , Categorical Exemption, and no further documentation is deemed -necessary. 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 development proposed. 4. The design of the subdivision and the proposed improvements 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 constitute the findings of the Commission in' this case; 2. That it does hereby recommend conditional approval to the City Council of the City of Palm Desert of the above described Tentative Map No. 17147 for the reasons set forth in this Resolution and subject to the attached conditions. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert Planning Commission, held on this 2nd day of December, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, MCLACHLAN, RICHARDS, MILLER NOES: NONE ABSENT: NONE ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST:, RAMON A. DIAZ, Secretary /lr PLANnING COMMISSION RESOLUTION NO. 661 Page Two STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 17147 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 the requirements, limitations, and restrictions of 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 City Engineer shall be installed in accordance with City standards. 3. Access rights to Shadow Mountain Drive shall be offered to the City as a dedication on the Final Map, except for one approved driveway opening. 4. The CC&R's for this development shall be submitted to the Director of Environmental Services for review and final approval by the City Attorney prior to the issuance of any building permits. Prior to recordation of the final subdivision map, the applicant shall submit to the City Engineer: a. Covenants and restrictions to be recorded. (Which have been approved) b. Management and maintenance agreement to be entered into with the owners of the units of the project. (Which has been approved) 5. 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. 6. All on-site utilities, including cable TV, shall be placed underground and shall be completely concealed from view except certain appurtenances as may be approved by the Director of Environmental Services. 7. Complete plans and specifications shall be submitted as required by Ordinance to the City Engineer for checking and approval before construction of any improvements is commenced. The subdivider shall submit "as built" plans prior to acceptance of the subdivision improvements by the City-, I 8. All requirements of the Planning Commission action on the Conditional Use Permit 06-80 shall be met as a part of the development of this tract. 9. The total number of lots shall be limited to 10. 10. 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 . 11. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. SPECIAL CONDITIONS 1. Developer shall pay a fee in lieu thereof, as a condition of the Final Map, for signalization and drainage purposes. 2. Developer shall construct according to the City standards, as a condition of the Final Map, a sidewalk along Shadow Mountain Drive. The sidewalk shall be approved by the Director of Public Works. 3. Any/all service lines on subject property, shall be placed underground prior to occupancy clearance. Additionally, the property owner/developer shall execute a record agreement, prior to Final Map approval , to run with the land, acceptable to the City Attorney, guaranteeing voluntary participation in any undergrounding district subsequently established by the City for that portion of the overhead utilities adjacent to the site which are not undergrounded as a part of construction. CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Tentative Tract Map APPLICANT(S) : NOE-JACK A PARTNERSHIP HARRY SCHMITZ (Represented by DAVID HEUSINKVELD) (45-900 Paseo Coronado P.O. Box 535 Indian Wells, Calif. 92260) Palm Desert, CA 92261 CASE NO: Tentative Tract 17147 (Condominium Conversion) DATE: December 2, 1980 I. REQUEST: Request for approval of a Tentative tract to create a ten lot "non-statutory" condominium subdivision on approximately .7 gross acres within the R-3 13,000 (3) (Multifamily Cnesidential�minimum 13,000 square foot lot, one dwelling unit per 3,000 feet of lot area) zone generally located on the southside of Shadow Mountain Drive, approximately 300 feet west of Lupine Lane. LOCATIONAL MAP: OR 41iu13 S T A T E -HIGHWAY I I I I D� _Et1� �PnSE O '..� T]T [14=747 O N • E •� T N E E f T 1 rr I-INYON fTREEI � � Y I _ / l fT�11Tl—ice _ _ T II . BACKGROUND: A. ADJACENT ZONING/LAND USE: North: PR-16 South: R-1 12,000 East: R-3 13,000 (3) West: R-3 13,000 (3) B. GENERAL PLAN LAND USE DESIGNATION: Medium density Residential , 5-7 d.u./acre C. ENVIRONMENTAL ASSESSMENT: The Director of Environmental Services has determined that the proposed project is a Class I , Categorical Exemption, for purposes of the Ca]ifornia Environmental Quality Act, and no further documentation is deemed necessary. STAFF REPORT TT 17147 December 2, 1980 Page Two ,D. PREVIOUS PERTINENT CASES: CUP 06-80 - DAVID HEUSINKVELD, Applicant; Conversion of apartment to condominiums; approved by Planning Commission Resolution No. 601, June 3, 1980. Design Review Case No. 34 MF - Review of the subject nine unit apartment complex; approved by Planning Commission Resolution No. 584. E. MAJOR TRACT IMPROVEMENT -(REQUIRED) Sidewalks or approved pathways, and tie-in paving shall be provided in conformance with City standards as required by the Director of Public Works. III. DISCUSSION: The subject map compliments approved Conditional Use Permit 06-80. The installation of a public sidewalk will be completed prior to final map action. IV. STAFF RECOMMENDATION: Based on the justification contained in the draft Resolution: Recommend approval of Tentative Tract Map 17147, to the City Council by adoption of Planning Commission Resolution No. subject to conditions. INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Director of Public Works SUBJECT: TT 17147 DATE: November 24, 1980 (1 ) Street improvements are existing. This department has no requirements. Zd� � BARRY McCLELLAN DIRECTOR OF PUBLIC WORKS BM/ms n, � y NOV 2 5 1980 ENVIRONMEWAL SERVICES CITY OE PALM )DESERT 45-275 PRICKLY PEAR LANE, PALIA DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TEN (10) LOT TENTATIVE SUBDIVISION MAP TO ALLOW THE CONVERSION OF AN EXISTING NINE (9) UNIT APARTMENT COMPLEX TO NINE (9) UNIT NON- STATUTORY CONDOMINIUMS AND ASSOCIATED COMMON AREA LOCATED ON THE SOUTH SIDE OF SHADOW MOUNTAIN PR. 300 WEST OF LUPINE LANE. CASE NO. TT 14747 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before .the Palm Desert Planning Commission to consider a request by NOE-JACK, INC. for approval of a ten (10) lot Tentative Subdivision Map to allow the conversion of an existing nine (9) unit apartment complex to nine (9) non-statutory condominium units and associated common area within the R-3, 13,000 (3) (Multi-Family common area within the R-3, 13,000 (3) (Multi-Family Residential 13,000 sq. ft. lot minimum one unit per 3,000 sq. ft. of lot area) zone, located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane more particularly described as: Lots #3 and #4 Blk. "P" Palm Desert Unit #1 . I I I \ I ✓ I'lal I \i / I III \ I--1 ® � ® U111111111111111111111 I Ir 1,111111 'w 1w4 SATE H 1 6 H W A Y 111 I � MUM l �ASEO�' 1� 4 r x � • TT 14747 x T x E C = I A T. .� rixrox , TxEET SAID Public Hearing will be held on December 2, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert City Hall , 45-275-Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. If approved, the proposal would allow the conversion of 9 apartment units to condominiums. Stan Sawa, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post November 20, 1980 ' UL NOV 2 I'SP 'L z 1.5 46-278 PRICKLY PEAR LANE,PALM DESERT,CALIfOflN1A 9226004 UL17. 896 TELEPHONE(714) 346-0611 ��O N,arguerita Shaw `!1• a -.. �s r..xL 45-405 Lupin ¥ 14 "�^"'� vK.4 Palm Desert , a. 92260 ��oFs 45-275 PRICKLY PEAR LANE,PALM DESERT,CAUFORNIA92260 oq1, L(F I:R,0381?3 {� TELEPHONE(714) E46-06I1 SENDER ° FpRwARD/N6 n13 v D. I . or \B. K. Tymofy . bz 74-425 CaAdlewood Palm Deser • Ca. 92260 r Lo 1 TA a S � m PROOF OF PUBLICATION (2010s 2015 .5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE TT 14747 I am a citizen of the United CITY OF PALM DESERT' States and a resident Of the REOHE T FOR CONVERSION OF OF OF A TENLEGAL ON7EINEATIVE SUBDI VISION MAP TO ALLOW County aforesaid; I am over the (9H ONOTHESO TH SIDE VCONDOMINIUMS AND ASSOCIARTM APARTMENT COMPLEX TO NINE ED ON THE 7SOUTH SIDE OF SHADOW MOUNTAIN DR.300 FT.WEST OF LUPINE LANE. age of eighteen years* and n0't NOTI 1$T{{fi747 a party to or interested in the Plonninp CrCom issronEo oD BY GIVEN that a public HearinC will be halo before the paten Desert Tentative 5ubd�vis on Mop to aTl`ow/he uest sy,on o an existing nlrfe(9) unit ( ) lot above entitled matter. I am the 10 nine(9) rqn-5}atutary condominium units antl associated ex anorit OpOritment Cam lex (MumurnmllY common Orea within the R•3, 13,000 (3) (Mul�•Familv'Resj�itlen}i 11�00p sp02 p r 1 nc i p al clerk of the printer OrrVe u300on4.unelst r 3XW sa.ft of lot area)zone located on the south side at Shadow Mountain of PALM DESERT POST, a newpaper of ��+YR of Luolne L. lefFlot �rti o,o,lv at general C1rCUlat iOn, printed ..LOis r3 and #4 Hlk. "P^ POlm Dew as: Desert unit #I. and published daily in the UNI I� city of Riversides County of s ..E Riversides and which newspaper N'la"WAy has been adjudged a newspaper of general circulation by the ➢+ r II Superior Court of the County of 7 � � �� 1�=,•,�s � :ra.�,.s�. . � Riversides State of California, ' ( under date of October Ss 19649 if Case number 83658; that the T7 F47 notice, of which the annexed is f a printed copy, has been published - in each regular and entire issue , of said newspaper and not in any supplement thereof on the following uw� dates, to-wit:11120 91980 E , SAID Public rin`rwill I Y ram) the Palm Desert d Hall,d5.475 Prickly Pe�or� e, 1980 9 0m 7.. P.M. in the Councl DII0w all Interested persons are Invited to mr L ne, be 66 t, California the I Certify (or declare) under Slaon$owa Actirslon of 9 oDartmenf units to Cnd and be he Penalty of perjury that the Palm Desu Planning S Or tororyi+'mission foregoing is true and correct. - -- Dated November 20, 1980 at Riversides California12 - CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO: TT 14747 PROJECT: Tentative Subdivision Map APPLICANT: Noe-Jack Inc. Enclosed please find materials describing a project for which the following is being requested: Approval of a 10 lot tentative subdivision map to allow the conversion of an existing 9 unit apartment complex to 9 non-statutory condominium units and associated common area within the R-3, 13,000 (3) (Multi- family Residential , 13,000 sq.ft. lot minimum, one unit per 3,000 sq.ft. of lot area) zone located on the south side of Shadow Mountain Drive, 300 west of Lupine Lane, more particularly described as: Lots 3 and 4 Block "P" , Palm Desert Unit #1 The attached data was prepared by the applicant and is being forwarded to you for comments and recommended Conditions of Approval . The City is interested in the probable impacts on the natural environment (e.g. water and air ,pollution) and on public resources (e.g. demand for schools, hospitals, parks, power gener- . ation, sewage treatment, etc. ) . Your comments and recommended conditions of approval must be received by this office prior to 5:00 p.m. November 24 , 1980, in order to be discussed by the Land Division Committee at their meeting of November 26 , 1980. The Land Division Committee (comprised of Director of Environmental Services, City Building Official , City Engineer, Fire Marshal and a representative of CVWD) will discuss the comments and recommended conditions of approval and will forward them to the Planning Commission through the staff .report. Any informa- tion received by this office after the receipt deadline will not be discussed by the Land Division Committee nor will it be forwarded to the Planning Commission for consideration. Sincerely, Stan Sawa Associate Planner SS/pa PLEASE RETURN MAP WITH COMMENTS CIRCULATIUN LIST FOR ALL CASES Circulation of Tentative Maps, Parcel Maps, CUP'S , GPA' s, etc. : REVIEW COMMITTEE: 1 . Palm Desert Director of Environmental Services - Ramon Diaz 2. alm Desert Director of Building & Safety - Jim Hill 3. alm Desert Director of Public Works - Barry Mc Clellan 4. Palm Desert Fire Marshall .- Eric Vogt 5. Palm Desert Redevelopment Agency Consultant - Les Pricer 6. Robert P. Brock Office of Road Commissioner and County Surveyor . Administration Office Building, Room 313 46-209 Oasis Street Indio, Calif. 92201 (Phone: 347-8511 , ext. 267) 7. M. A. Ferguson Imperial irrigation Dist. Power Div. P.O. Box 248 Coachella, Calif. 92236 (Phone: 398-221i 8. Lowell 0. Weeks General Manager - Chief Engineer Coachella .Valley County Water District (C.V.C.W.D. ) P.O. Box 1058 Coachella, California 92236 (Phone: k714) 398-2651 ) 9. R. J. Lowry Project Development Services California Department of Transportation P.O. Box 231 San Bernardino, .Calif. 92403 (Phone: (714- 383-4671 ) 10. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, Calif. 92270 (Phone: 345-2831 ) 11 . Director of Planning City of Rancho .Mirage 69-825 Highway III Rancho .Mirage, Calif. 92270 (Phone: 328-8871 ) 12. Kermit Martin Southern California Edison Company P.O. Box 203 Palm Desert, Calif. 92260 (Phone: 346-8660) 13. Al Doody, RC6003 General Telephone Co. P.O. Box 2920 Pomona, Calif. 91766 (Phone: ) 14. R.W. Riddell Engineering Department Southern California Gas Company P.O. Box 2200 Riverside, Calif. 92506 (Phone: 327-8531 , ask for Riverside extension 214) . 15. Roger Harlow Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, Calif. 92201 (Phone: 347-4071 ) 16. Dick Wolford Palm Desert Disposal Services, Inc. 36-711 Cathedral Canyon Drive P.O. Drawer LL Cathedral City, Calif. 92234 (Phone: 328-2585 or 328-4687) 17. Robert Lawman President, Palm Desert Community Services District 44-500 Portola Avenue . Palm Desert, Calif. 92260 (Phone: 346-6338) 18. Regional Water Quality Control Board 73-271 Highway 111 , Suite 21 Palm Desert, Calif. 92260 (Phone: } 19. Harold Housley Foreman/Mails U.S. Post Office Palm Desert, Calif. 92260 kPhone: 346-3864) 20. Joe Benes Vice President & General Manager Coachella Valley Television P.O. Box 368 Palm Desert, Calif. 92260 (Phone: 346-8157) 21 . Don Mc Neilly. Palm'Desert Chamber of Commerce 74-004 Hwy. Ill Palm Desert, Calif. 92260 (Phone: 346-6111 ) 22. Kevin Manning Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, Calif. 92201 (Phone: 347-8511 , ext. 277, 278, and 279) 23. James Whitehead Superintendent - District 6 State Parks and Recreation 1350 Front Street, Room 6U54 pan Diego, Calif. 92101 (Phone: (714) 236-7411 ) 24. Robert I . Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 El Paseo Palm Desert, Calif. 92260 I Name-of Project: Case Nos. MONTH SUN MON TUE WED THU - FRI SAT 3 J �.!!IMM1lNiTl4FYl.4441iNvY a ,,.:::yi :I"t�{:I:MWi:141:YN4Mi4111is3:�::w. �6{.��:}%Si:4:(viiiii}iiii W .VN G i �.4 /it/ SS / O a! / G of E ET 7 DD M P S (o 4 :f:41�i�1NhIM111ii1:1{{.114:I:I:N:::d: :: N ��/� { {Ai rL�L GN TY /D / x: E!�/ ,eE� v. s-E E ,4rsc � D R �F. L'. R N - B O EET r� a f �/� s 2.30 P.M. :OD :': `: I 7 PM . L3 �•• IJCifINf410fIi:HblliL .} tit/ //I/G .PL N :>;.. 0 .y o M S. / ly EE .Y M T ;� <' 18 I PM• !� �.. �� . I!!^.Yi^11il+ihllI.Yiliiff41iLN1:1 LL'.i C• G N I v E MM TT Sri E T E •:'. :30 '> 2 r' M 13 2 2 W Legend: GC>PAP', 7< C77lndicotes Meetings of whic ect w' ' cussed. `LJ Applicants must attend or project will not be considered. A-1 SURVEYING CO., INC. 73-400 HIGHWAY ill PALM DESERT. CALIFORNIA 92260 PRESIDENT TELEPHONE JERRY DENNINGTON (714)346-0335 REG. CIVIL ENGINEER f VICE PRESIDENT CONSULTANT JOHN A. ALFORD LED L. STRECKER REG.CIVIL ENGINEER LI C. LAND SURVEYOR October 29, 1980 Noe-Jack Corp. 73-707 Hwy. III Palm Desert, Ca. 92260 Re: Measurement of typical Duplex Unit Attnf Dave Heufinkveld Dear Mr. Heufinkveld; This is to inform you that this office measured the exterior dimensions of a typical Duplex unit on Tract #13462. We Find the area enclosed by the measurement to be one thousand (1000) square feet. /Sincerely, .rj_ Arry ennington, Pabsidetit RCc' 6943 CIVIL ENGINEERING LAND SURVEYING - PARCEL MAPS SUBDIVISIONS - MASTER PLANNING MEMBER: COACHELLA VALLEY CIVIL ENGINEERS AND LAND SURVEYORS ASSOCIATION A-1 SURVEYING CO., INC. 73-400 HIGHWAY 111 PALM DESERT. CALIFORNIA 92260 PRESIDENT TELEPHONE JERRY DENNINGTON (714)346-0335 REG. CIVIL ENGINEER VICE PRESIDENT CONSULTANT JOHN A. ALFORD LEO L. STRECKER REG.CIVIL ENGINEER LIC. LAND SURVEYOR October 29, 1980 Noe-Jack Corp. 73-707 Hwy. 111 Palm Desert, Ca. 92260 Re : Measurement of typical Duplex Unit i Attn: Dave Heufinkveld Dear Mr. Heufinkveld ; This is to inform you that this office measured the exterior dimensions of a typical Duplex unit on Tract #13462. We Find the area enclosed by the measurement to be one thousand (1000) square feet. Sincerely, JRCE y ennington, P sident 6943 CIVIL ENGINEERING - LAND SURVEYING PARCEL MAPS - SUBDIVISIONS MASTER PLANNING MEMBER: COACHELLA VALLEY CIVIL ENGINEERS AND LAND SURVEYORS ASSOCIATION J a off Q��l= D(gocs�pq J 4/55-275 PRICKLYY PEAR LANE, PALM DESERT CA. 92260 ***TENTATIVE SLWIVISION MAP**' DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION Noe - Jack, Inc. Applicant (please print) P.O.Box 535 346-1030 Mailing Address Telephone Palm Desert Calif. 92261 City State Zip-Code REQUEST: IDescribe specific nature of approval requested) Tentative Subdivision Map Approval for 9 Unit Non-Statutory Condominiums I PROPERTY DESCRIPTION: I Lots # 3 & 4 Blk. IIPII , Palm Desert Unit # 1 ' . ASSESSORS PARCEL NO. 2 - - 21 EXISTING ZONING R-3- Property Owner Authorization THE UNDERSIGNED STATES THAT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- IZATION FOR THE FILING OF THIS APPLICATION. 10/29/80 SIuN ATU�`. DATE AGREEMENT ABSOLVING THE CITY OF PALM DESERT OF ALL LIABILITIES RELATIVE TO ANY DEED RESTRICTIONS. I DO BY MY SIGNATURE ON THIS AGREEMENT, ABSOLVE THE CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY EED RES- TRICTIONS THAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HERE N, 10/29/80 �: SIGNATURE DATE Applicant's Signature 10/29/80 SIGNATURE DATE IFOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A. No. ❑ CATEGORICAL EXEMPTION CASE No. 14-1 ❑ NEGATIVE DECLARATION cc ❑ OTHER REFERENCE CASE NO. O(0-O0 CITY OF PALM DESERT SUPPLEMENTAL APPLICATION FORM TENTATIVE SUBDIVISION MAP Both State Lava and the Palm Desert Subdivision Ordinance require that when any parcel , or contiguous parcels in one ownership; is proposed to be divided into more than four parts, now, or in the future, a tentative subdivision map must be processed through the City. Procedure: DEPARTMENT OFUIVISION PLANNING APPLICATION ENVIRONMENTAL COMMISSION CITY COUNCIL SERVICES RECOMMENDS APPROVES OR APPROVAL OR _ DENIES - DENIES RED. Formal applications for a Tentative Subdivision Map are accepted only on the first working Monday of each month. Prior to anticipating filing of an application, the map and required exhibits must be reviewed thoroughly with the Planning Division Staff. Features of maps may be further discussed with the City Public Works Department. Once the application is filed, City Staff will investigate._the _request and notify adjacent property owners of the Public Hearing. The average review period for a Tentative Map is five weeks. Prior to the Public Hearing before the Planning Commission, the map is reviewed by the Land Division Committee. The Committee establishes the recommendation and suggested conditions that will be presented to the Commission. The applicant should attend this meet- ing to gain an understanding of the Committee's and Staff's position on the request. In advance of the Hearing, the applicant will receive a copy of the meeting agenda and Staff Report concerning the case. If the map is approved by the Planning Commission, it is reviewed by the City Council, who take final action on the Tentative Map. The Final Map is processed through the Public Works Department and brought to the City Council . CONTENTS OF A TENTATIVE SUBDIVISION MAP The Tentative Subdivision Map shall be in a form acceptable to the City Engineer and Department of Environmental Services and shall comply with the provisions of the State Map Act. Department of Environmental Services Form 10 CASE NO. TENTATIVE SUBDIVISION CHECKLIST NOTE: Applications will not be processed until the application and all required materials are found to be complete. Received I . Completed Application Form (one copy) II. Supplemental Information - Written Statements and Reports - Subdivision building or development plan (Design Review Plans) - Storm Water Control Method - Preliminary soils report and grading plan - Proposed landscaping and irrigation - Proposed covenants , conditions , and restrictions (C.C. & R's) - Method of sewage disposal Private street maintenance program (if applicable) III . Property Owner's Information - Typed listing of owners, assessor's parcel numbers (two copies) - Assessor' s Parcel Map(s) (one set) - Gummed mailing labels (tyro sets) IV. Address labels for project sponsors (three sets) V. Tentative Subdivision Map Exhibit - Twelve (12) full size maps - One full size sepia - Twenty-three reduced copes (8V' x 11", or 13") VI . Environmental Assessment Form (received by Planning Division two weeks prior to formal filing of application) VII. Application filing fee: $250.00 + $2.50 per lot TENTATIVE SUBDIVISION CHECKLIST Page -2- VIII . Optional plans and exhibits, as required by the Department of Environmental Services - Aerial photo(s) of the site - Other exhibits ( ) Specify Tentative Subdivision Map Exhibits Received and Checked by: Planning Division Staff Date TENTATIVE SUBDIVISION MAP Required Submittal -Detail NOTE: Applications will not be processed until the application and all required materials are found to be complete. I . APPLICATION FORM: One (1) copy. Fill out completely and secure all signatures. Attach a sheet listing parties directly involved in representing the project (such as architect, engineer, etc. ) and their addresses and telephone numbers II . SUPPLEMENTAL INFORMATION: Reports and written statements on the following matters shall accompany the tentative map unless waived in writing: - Subdivision building or development plan as follows: A. Where the subdivision implements a specific development for the property, submit the plot plan approved through the City Design Review process; or, B. If the subdivision involves the sale of lots for future unplanned development, show any unique setbacks or common lot features (i .e. , zero lot lines and common access) . - Stormwater control method, show onsite retention features and any other drainage facilities on, or off the site which relate to this division. Define compatibility with City's adopted Master Drainage Plan. - Preliminary soils report and grading plan, have report prepared by a soils testing labratory. This information relates to anticipated grading which is to be illustrated in relation to the existing topography. - Proposed landscaping and irrigation plan for lot sales programs and other types of developments where the subdivision landscaping would be reviewed separately from a plan for building construction (i .e. , industrial tracts and residential lot sales perimeter treatment) . Include plans for any required street center median islands. - C.C. and R' s, provide a draft outline of agreements, limitations , or restrictions proposed to be recorded with the subdivided land. (Final set of C.C. & R's is to be provided at the time of Final Tract Map Review) . - Method of sewage disposal , indicating sanitary sewer (where lines would be connected from) , or other method/system. - Private street maintenance program, provide details of how private streets created by the Tract will be maintained, (funds, responsi- bility, etc. ) . i TENTATIVE SUBDIVISION MAP Page -2- III. PROPERTY OWNER INFORMATION: - Typed listing of surrounding property owners (two (2) copies) . See "Illustrations for Obtaining Property Owners Names", attached to this application. - Assessor's Parcel Map(s) (one (1) set) , illustrating the subject property and the surrounding property within 300' . i Draw boundary of subject property and 300' radius in red. - Gummed mailing labels (two (2) sets) for surrounding and subject property owners (with name and address as shown on the latest assessor's roles) . The labels will be used to mail public hearing notices. IV. ADDRESS LABELS FOR PROJECT SPONSORS: Three (3) sets of gummed mailing labels for those persons who need to be sent hearing and action notices (such s applicant, architect, engineer, etc. ) . V. TENTATIVE SUBDIVISION MAP: Twelve (12) full size copies, containing the following information (except those items determined by City Staff as of being pertinent to a particular tract) : 1. Tract number, title of map, and section des ription of property; 2. Name and address of owner and subdivider; 3. Approximate acreage and over-all dimensions 4. Name and address of person preparing map; 5. North point, scale and date; minimum sc� 1" - 100' ; 6. Subdivision boundary line and vicinity map; 7. Names and book and page numbers of adjoining subdivisions; 8. Names, locations and widths of adjacent streets ; 9. Identifying landmarks and existing structures, both above and below ground; 10. Names, locations and widths of proposed streets; cross-sections ; 11. Approximate grades of proposed and existing streets; 12. Streets and rights-of-way providing legal access to the property; TENTATIVE SUBDIVISION MAP Page -3- 13. Excavations within 200 feet of the subdivision; . x 14. Approximate radii of curves; 15. Widths of alleys and easements; 16. Names of utility companies and location of existing and proposed public utilities; 17. Elevations of sewer at proposed main connections; 18. Existing culverts and drain pipes; 19. Water courses and channels including existing and proposed facilities for control of stormwaters; 20. Land subject to overflow, innudation or flood hazard. 21. Railroads and other rights-of-way; 22. Lands and parks to be dedicated to public use; 23. Dimension of reservations; 24. Proposed lot lines and approximate dimensions; 25. Adjoining property and lot lines; 26. Setback lines from front streets and side streets (if adjustments are requested) ; 27. Contours, with maximum interval as follows: Slope Interval (percent) Tin feet) 0 - 2 2 3 - 9 5 10 plus 10 Copies of U.S.G.S. maps are not acceptable. 28. Existing use of property immediately surrounding tract; 29. Proposed land use of property immediately surrounding tract; 30. Source of water supply; 31. Method of sewage disposal ; 32. Existing zoning and proposed zoning; TENTATIVE SUBDIVISION MAP Page -4- 33. Name of school district and boundary if within two (2) districts; 34. Names of any special districts serving the proposed subdivision and location of boundary if within area of tentative map; 35. If it is contemplated that the development will proceed by units, the boundaries of such units shall be shown; 36. Two cross sections of the property at the mid-points. - One (1) clear, reproduceable copy of the Tentative Map containing all of the general information described above, except that it is to be drafted or photographically reduced to an 8z" x 11", or 13" size sheet. (All lettering to be legible; include graphic scale) . - One (1) copy of the Tentative Map on reproduceable sepia paper (do not fold) . VI . ENVIRONMENTAL ASSESSMENT FORM: One (1) copy, completely filled out form should be submitted two weeks prior to formal filing of the application, so as not to delay processing. For is not necessary, if it has been previously filed in connection with the plan of property development. VII . APPLICATION FILING FEE: Provide check payable to the City of Palm Desert in the specified amount. Two hundred, fifty dollars ($250) , plus $2.50 per lot. VIII . OPTIONAL PLANS AND EXHIBITS: Discuss with Planning Division Staff any additional exhibits to be submitted with a specific application. Large projects will normally need to present aerial photos of the site and surrounding area. Other detail exhibits may also be called for to illustrate the subdivision. NOTE: All maps (except Sepias) are to be folded to a maximum size of 82" x 13" , prior to submitting with an application. CITY OF PALM DESERT DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION APPLICANTS' GUIDE TO PROCEDURES I. FILING PROCEDURE: Prior to submittal , the applicant shall discuss his proposal with the Planning Staff to determine whether or not the proposal is in conformance with the General Plan and to determine zoning ordinance, subdivision ordinance, or other requirements. II. GENERAL INFORMATION: A. Meetings: 1) City Council meetings are held on the second and fourth uT�r a of each month, at 7:00 P.M. in the Council Chambers in the City Hall , 45-275 Prickly Pear Lane. 2) Planning Commission meetings are held on Tuesday, nine (9) days prior to the first Council meeting of the month, also at 7:00 P.M. in the Council Chambers and Wednesday, eight (8) days prior to the second Council meeting of the month, at 1:00 P.M. in the Council Chambers. The Land Division Committee convenes on Wednesday, at 1:30 P.M. , before the Tuesday Planning Commission meeting. B. Public Hearing: Public hearings are held when the City considers requests for a change of zone, variance, conditional use permit, general plan amendment, etc. Legal notices for these hearings are published in the Palm Desert Post at least ten (10) days prior to the hearing. Public hearing items before the Palm Desert Redevelopment Agency are published in the Desert Sun. C. Appeals: Where the Zoning Ordinance provides for appeal to the City Council , the appeal shall be made within fifteen (15) days of the date of the decision by filing an application of appeal with the Director of Environmental Services. D. Fees: All required fees are listed in the Fee Schedule, as approved by the City Council , and specifically noted for this application. E. Building Permits: Building permits are issued by the Department of Building and Safety and are required before any new construction, reconstruction, plumbing, mechanical work is commenced. F. Business License: Prior to engaging in an enterprise for profit, zoning and building code clearance for the proposed use is required and a city business license obtained. Application should be. made to the Code Enforcement Supervisor. G. Private Deed Restrictions: Many parcels. of land in the City of Palm Desert are subject to private covenants, conditions, and deed restric- tions which may conflict with the requirements of the City Zoning Ordinance. The applicant is responsible for resolving conflicts with deed restriction requirements. INSTRUCTION FOR OBTAINING PROPERTY OWNERS NAMES In order to expedite the processing of Changes of Zone, Variances , and Conditional Use Permits, all applicants will furnish the Department of Environmental Services with a list (in duplicate) of the property owners and their addresses for all parcels within 300 feet of the application. Said list shall include the owner of the property under consideration. These property owner names may be obtained in one of the two following manners: A. Contact a title company and request that they furnish you aith a list of names , for which there will probably be a charge. B. You may obtain them yourselves in the following manner: 1. Secure from the County Assessor's Office parcel maps covering your application and all lands within at least 300 feet. 2. Indicate the area of your request by a red outline on the parcel maps. 3. Delineate, in red, all property within 300 feet of the area of your request. ., 4. From the parcel map, make a list of book, pace , block number , and parcel number within the above 300 foot area. 5. Using the Visual Numerical Index File, which is to be found in the Assessor' s Office, place the name and address for each parcel opposite the number described in No. 4 above. 6. Sign Affidavit attesting to name list. 7. Return this list with your application to the Department of Environmental Services. lv CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) hereby certify that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available M ess- ment role of the County within the area described on the attached application exterior boundaries and for a distance of three hundred (300) feet from the of the property described on the attached application. I certify under penalty of perjury that the foregoing is true and correct. (signed) ` (date) � r ERWIN & ANDERHOLT A PROFESSIONAL LAW CORPORATION DAVID J.ERWIN 74-090 EL PASEO TELEPHONE J.JOHN ANDERHOLT JEFFERY S.R. PATTERSON - POST OFFICE BOX 769 AREA CODE )14 MICHAEL J.ANDELSON s6a-261I DOUGLAS S. PHILLIPS PALM DESERT. CALIFORNIA 92261 DAVID M.FRANKLIN OF COUNSEL MarCll 27 STEPHEN A.SINDONI - , 1981 RIBTON M! WADE ROBERT MARVIN CLARK GREGORY A.SWAJIAN NEOMA R.KNITTER RECEIVED APR 01 10,41 ENGINEERING DEPARTMENT CITY OF PALM DESERT Mr. Barry McClellan City of Palm Desert P. O. Box 1977 Palm Desert, California 92261 RE: Noe-Jack Three Dear Barry: Enclosed you will find the Declaration of Covenants , Conditions and Restrictions for Noe-Jack Three, together with a copy of a memo from Jean Ann Hirschi indicating my approval of the CC&R' s. You ry truly, DAVID J. ERWIN DJE:st encl. cc: Jean Ann Hirschi ..f c - .-,..,rs .tv +« cr->it,r •Ata7Y' `..147;"`. «'Y�m"{" h'ka�t�i+460WM,'.3N'° mi'. _�-ae .'a.•-a.>stW x "xa4•'n'` °"- k,. W� " ",lCt`y'i" «KW- -f} •+.yt+»��}:.w�L t_ c n ri .a .µ �. �� 7i4 � 1 ,mSj, II17 ltM�!Vt�t sy� r fn + f+j sw "1.rik. i' +; % o it^4d�� ' nT'MC <c� �, t> lli. . 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St� ti 1t, ws u a -MiV F I 4+t`Y 4p 'v.aev.-•�e�sd �� +.e � n.2�+H¢T+1. � ,v.�{�•isi 'caFiM. � ' %.y,.,.»a. _ � -.x" `.�, - �R� (+'„s�'��=,-.• �` 'ui .,�, r" ah�#.�rgy�' ! .eA"5«'}E�..nit .: S.y,.v._ ", • �53e1 ? uh / dt' 'x �v..iw. h 14 siTC..+s "p? ' `Jat;1µ>Y' �.sa'f'?�C• 5;"+'sy �c� — ..' ,�� a ,�.ti.. '4�a, � � a z ' �� y, - ^"^, •`s, r rq,'4i� '31ex,� ,J kD�. k - _ G" .a�}„ _�mG"�t$ y.. m '., n>h ,.,-,•� t ..ts� F"y�t�'�. .'3` .(�+�^aw •SFdi' - J- TO:. FROM HIRSCHI, HEALEY & HEALEY David J. Erwin,. Esq. A PROFESSIONAL CORPORATION • . City Attorney - ATTORNEYS AT LAW City of Palm Desert 74.07E EL PASEO AVENUE SUITE A-5 (HAND DELIVERED) P.O. DRAWER 1703 PALM DESERT, CALIFORNIA 92260 ? Noe-Jack Three ' SUBJECT: DATE: 3/27/81 -Dear Dave: -FOLD We hand you herewith for approval on behalf of the City of Palm Desert, proposed '-'CC&R's regarding Noe-Jack-Three at-'73=31'5 Shadow Mountain Drive', ,Palm Desert, . 1 Cal x� . Thesei-CC&R's'are idieihtical'to-those-previously-submitted-and App"roved by-you for MNoe-Jack.Two, approximately one block East of this project. Please le know whether or not the City will in fact approve same and'whether or not—you will"requ ire a frilly e'xeciited"'document:' t L> TPTA"d� SIGNED:' Jean Ann Hirschi •{ DATE: SIGNED: j. Send wfii!e and oi!:ilcat�Ies withccrFcns ie,`acf•. ?irle rof?v %••-+:ert ,..t;:. ..-^1„• _ F. w..::7.CO.. lee P.-qc De K. 11• Tel. P• -w p — ai] ._,�,. rat ..1X u-0{+-' x_:r, q a '.�•z.c. c).#,. {,4y ♦ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS NOE-JACK THREE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC- TIONS for NOE-JACK THREE, is made this _ day of March, 1981, by 73-315 Shadow Mountain Drive, Ltd, a limited partnership, the owner of certain real property in the County of Riverside, State of California, legally described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND INCORPORATED HEREIN BY REFERENCE. °Declarant does hereby declare for the purpose of establishing a plan for the conversion of apartment units into single family residences, that all of said real property described hereinabove be held, occupied, sold and conveyed subject to the following easements, restrictions, covenants, conditions, liens and charges hereinafter set forth, all of which shall run with said real property and shall be bir ding on all parties having any right, title or interest therein, or in any part thereof, their heirs, successors and assigns, and which shall inure to the benefit of each owner thereof, and all of which are imposed upon said real property and every part thereof as a servitude in favor of each and every parcel thereof as the dominant tenament or tenament and may be enforced by declarant, its successors and assigns, each owner ( hereinafter defined ) , his successors and assigns, or by the association ( hereinafter defined), its successors and assigns, including those through merger, con- solidation or reorganization; provided, however, no provision of this Declaration shall limit, in any way, or be construed to limit or prevent, declarant's development of Noe-Jack Three, and construction of improvements thereon, nor declarant's right to maintain model homes, sales, or leasing offices, or similar facilities on said real property owned by declarant, or on any real property in Noe-Jack Three owned by an owner with the consent of such owner, nor declarant's right to post signs incidental to sales or leasing. ARTICLE I. DEFINITIONS Unless the context otherwise specifies or requires, the following words and phrases, when used in the Noe-Jack Three restrictions, shall have the meaning hereinafter specified: 1. 1 Architectural Committee shall mean the committee created pur- suant to Article IV hereof, and the terms "architectural committee" and "archi- tectural control committee" may be used interchangeably herein. 1. 2 Architectural committee rules shall mean the rules which have been or shall be adopted by the architectural committee and amended from time to time. 1. 3 Articles shall mean the articles of incorporation of the association (hereinafter defined) which have been or will be filed in the Office of the Secretary of State of the State of California. 1. 4 Assessments shall mean assessments of the association pursuant to Article VI hereof. 1. 5 Association shall mean and refer to Noe-Jack Three Home- owners Association, Inc. , a non-profit corporation, its successors and assigns through merger, consolidation, or other reorganization, which has been or will be incorporated under the laws of the State of California, for the purpose of Z. exercising the powers and functions of the association, as hereinafter provided. 1. 6 Board shall mean the Board of Directors of the Association. 1. 7 By-Laws shall mean the by-laws of the association which have been or will be adopted by the board, as such by-laws may be amended from time to time. 1. 8 Common Area shall mean all real property within Noe-Jack Three owned by the association for the common use and enjoyment of owners (as members of the association). The common area to be owned by the associa- tion at the time of conveyance of the first lot within Noe-Jack Three shall be Lot 10. 1. 9 Completion The project has already been completed. 1. 10 Declarant shall mean 73-315 Shadow Mountain Drive, Ltd. , limited partnership, its successors and assigns, if such successors and assigns acquire or hold record title to any portion of this development. 1. 11 Lot shall mean a portion of Noe-Jack Three which is a legally described parcel of real property or is designated as a lot on any recorded subdivision tract map upon which there has been or will be constructed a unit, being a single family residential dwelling. The term "lot" shall not include any property classified "association property", "common area", or "private street area". The terms "lot" and "residential area" may be used interchangeably herein. 1. 12 Noe-Jack Three shall mean all that certain real property identified and described in this Declaration, as the same is now and as it may from time to time be developed and improved. 1. 13 Noe-Jack Three restrictions shall mean this Declaration, 3. together with any amendments thereto, pursuant to this Declaration, and the Noe-Jack Three rules from time to time in effect. 1. 14 Noe-Jack Three rules shall mean the rules adopted by the board pursuant to Article III hereof, as they may be amended from time to time. 1. 15 Declaration shall mean this instrument, as it may, from time to time, be amended. I. 16 Member shall mean any person who is a member of the association pursuant to the provisions of Article III hereof. The terms "member" and regular member" may be used interchangeably herein. 1. 17 Mortgage shall mean any mortgage or deed of trust or other conveyance of a lot, or any interest therein, including, but not limited to, the improvements developed thereon to secure the performance of an obligation, which obligation will be reconveyed upon completion of such performance. 1. 18 Mortgagee shall mean and include mortgagees, trustees, bene- ficiaries and holders of deed of trust, and the holders of any indebtedness secured F by mortgages. 1. 19 Mortgagor shall mean and include mortgagors and trustors under deeds of trust. 1. 20 Notice and hearing shall mean 30 days prior written notice in a public hearing before the board at which the owner concerned shall have an oppor- tunity to be heard in person or by counsel at owner's expense. 1. 21 Owner shall mean (a) Declarant; or (b) any person or persons being either (i) the grantee or grantees, as the case may be, of the fee simple estate by conveyance in a lot and their successors and assigns; or (ii) the pur- chasers, under any execut ory contract of sale, in a lot within Noe-Jack Three Unless the context otherwise requires, the term "owner" shall include the family, invitees, licensees and lessees of any owner, but shall not include those having such interest merely as security for the performance of any obligation. 4. 1. 22 Person shall mean the natural individual or any other entity with the legal right to hold title to real property. 1. 23 Record, recorded and recordation shall mean, with respect to any document, the recordation of such documents in the Office of the County Recorder of Riverside County, California (which may also be referred to herein as "file" or "filed''). 1. 24 Subdivision shall mean a parcel of real property which has been divided or separated into lots, shown on a recorded subdivision map. The term "tract" and "subdivision" may be used interchangeably herein. 1. 25 Assessment shall mean and refer to any or all, of the assessments hereinafter defined: (a) Capital improvement assessment shall mean a charge against each owner and his lot representing a portion of the sHost to the association for the installation or construction of any capital improve- ments on any common area, as provided for in this Declaration. (b) Reconstruction assessment shall mean a charge against each owner and his lot representing a portion of the costs to the association for the reconstruction of any portion or portions of the common area or lots as provided for in this Declaration. (c) Regular assessment shall mean a charge against each lot owner and his lot representing that portion of the common expenses attributable to such owner and his lot as provided for in this Declaration. (d) Special assessment shall mean a charge against a particular owner and his lot directly attributable to such owner for certain costs incurred by the association or declarant as provided for in this Declaration. 1. Z6 Common expenses shall mean and refer to the actual and esti- mated costs of maintenance, management, operation, repair and replacement of the common area (unless the cost of such repair and replacement is otherwise 5. provided for iniArticle IX hereof entitled "Destruction of Common Area Improve- ments"), unpaid assessments, management and administration of the association, including, but not limited to, compensation paid by theassociation to managers, accountants, attorneys and other employees; utilities, trash pick-up and disposal, gardening and other services benefiting the common area; fire, casualty, liability, workmen's compensation and other insurance covering the common area; reason- able reserves as appropriate; bonding of the members of the management body; taxes paid by the association; amounts paid by the association for the discharge of any lien or encumbrance levied against the common area or portions thereof; amounts paid or incurred by the association in collecting assessments, including amounts expended to purchase a lot in connection with the foreclosure of an assessment lien against such lot; and expenses incurred by the association for any reason whatsoever in connection with the common areas, this Declaration or any amendment to Declaration, recorded in accordance with Article II of this Declaration, the Articles or by-laws or in furtherance of the purposes of the association or in the discharge of any obligations imposed on the association or the board by this Declaration or any amendments thereto. 1. 27 Uniit shall mean and refer to any single family residential dwelling located on a lot and designed f or occupation by not more than one family. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 2. 1 The real property which shall be held, used, leased, sold and conveyed subject to this Declaration is the property described as: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT A AND INCORPORATED HEREIN BY REFERENCE. I ARTICLE III NOE-JACK THREE HOMEOWNERS ASSOCIATION 3. 1 Organization (a) The Association. The association, shall be a non-profit Cali- fornia corporation charged with the duties and invested with the powers prescribed by law and set forth in the articles, by-laws, and this Declaration. Neither the articles nor by-laws shall, for any reason, be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3. 2 Membership. (a) Qualifications. Each owner (including the declarant) of a lot included within the real property described herein by virtue�of being such an owner and for so long as he is such an owner, shall be deemed a member of the association. Ownership of such lot shall be the sole qualification for mem- bership. (b) Transfer of membership. The association membership of each owner, including Declarant, and the right to vote shall be appurtenant to said lot and shall not be transferred, pledged or alienated in any way except upon the conveyance or sale of a lot and then only to the conveyee .>r purchaser of said lot as the new owner thereof. Any attempt to make a prohibited transfer shall be void. Any transfer of title to said lot shall operate automatically to transfer said membership to the new owner thereof. 3. 3 Voting (a) Number of Votes. Only memberships shall have voting rights, and the association shall have two classes of membership, as follows: (1) Class A. Class A members shall originally be all the owners, with the exception of Declarant, and shall be en- titled to one vote for each lot owned. Declarant shall become a 7. Class A member with regard to lots owned by the Declarant upon the conversion of Declarant's Class B membership to Class A membership. The owner of each lot in Noe-Jack Three may, by notice to the association, designate a person, who need not be an owner, to exercise the vote for such lot. Said designation shall be revocable at any time by notice to the association by the owner. Such powers of designation and revocation may be exercised by the guardian of an owner's estate or by his conservator, or in the case of a minor having no guardian, by the parent entitled to his custody, or during the administration of an owner's estate, by his executor or administrator where the latter's interest in said property is subject to administration of his estate; or in the case of a corp- orate owner, by the president or by any vice president thereof, or by any officer, or by any other person authorized by its board of directors . (2) Class B. The Class B member shall be Declarant. Declarant shall be entitled to three votes for each lot owned by Declarant and located within Noe-Jack Three The Class B membership shall cease and be converted to Class A membership on the happening of any of the following events, whichever occurs earlier: (i) When the total votes outstanding in Class A member- ship equals the total votes outstanding in the Class B membership. (ii) Two years from the date of issuance of the most recent public report by the California Commissioner of Real Estate. (b) Joint Owner Disputes. The vote for each such lot shall, if at all, be cast as a single vote, and fractional votes shall not be allowed. In the 8. event that joint owners are unable to agree among themselves as to how their vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any owner casts a vote representing a certain lot, it will thereafter be conclusively presumed for all purposes that he or they were acting with the authority and consent of all other owners of the same lot. (c) Meetings of Members. There shall be a meeting of the members of the association on the second Saturday of January of each year at 2 P. M. at such place within Noe-Jack Three or within the County of Riverside, State'of California, or at such other reasonable time, not more than 30 days before or after such date, as may be designated by written notice of the board given to the members not less than 10 days nor more than 90 days prior to the date fixed for said meeting, specifying the date, time and place thereof. A special meeting of the members of the association shall be promptly called at any reasonable time and place by written notice of the board of the association upon: (1) the vote for such meeting by a majority of a quorum of the board of the association; or (2) upon receipt of a written request therefor signed by members representing not less than 5% of the total voting power of the association. Not later than the earlier of (1) 45 days after the closing of the sale of the lot which represents the 517o interest authorized for sale under the first public report for Noe-Jack Three ; or (2) six months after the sale of the first lot in Noe-Jack Three , a special meeting shall be held at which members of the board of the association shall be elected by a vote of the then members of the association. The presence at any meeting, in person or by proxy, of the members entitled to vote at least 5007o of the total votes shall constitute a quorum. If any meeting cannot be held because a quorum is not present, the members 9. n b proxy, may, as otherwise provided b law, resent either in person or y, y, p y , p P Y P adjourn the meeting to a time not less than 5 days nor more than 30 days from the time the original meeting was called, at which meeting the quorum require- ment shall be the members entitled to vote at least 2516 of the total votes. The president of the association (or any vice-President in his absence) shall act as chairman of all meetings of the members and the secretary of the association (or an assistant secretary thereof in his absence) shall act as secre- tary of all such meetings. At each annual meeting, the board shall present a written statement of assessment and common expenses, itemizing receipts and disbursements for the preceding calendar year. Within 10 days after the date set for each annual meeting, such statement shall be delivered to the members not present at the said meeting. (d) Voting Rights. The voting rights of all the classes of member- ship shall be subject to the restrictions and limitations provided in this Declara- tion and in the articles and by-laws. 3. 4 Duties of the Association. The association shall have the obliga- tion, subject to and in accordance with the Noe-Jack Three restrictions, to perform each of the following duties for the benefit of the owners of each lot within Noe-Jack Three as follows: (a) Association Real Property. To accept delivery of and exercise dominion over all real property and interests therein conveyed to the association by Declarant, with title to said real property or interest therein being conveyed free and clear of all liens and encumbrances, which real property and/or interests therein shall include, but not be limited to, common areas, and easements for operation, maintenance and access purposes. For purposes of this Section 3. 4(a), the following items shall not constitute a lien or encumbrance against real property or interests therein sought 10. to be conveyed to the association by Declarant and shall not preclude the acceptance thereof by the association: (i) General and special real property taxes not delinquent. (ii) Other matters affecting title to such real property or interests therein which are of record at the time of the recordation of this Declaration. (iii) Matters affecting title to such real property or interests therein as may be referred to and/or provided for in this Declaration covering any area within Noe-Jack Three including, but not limited to, easements, rights and rights of way. (b) Association Personal Property. To accept delivery of and exer- cise dominion over all personal property transferred and assigned to the association by Declarant, free and clear of all liens and encumbrances, other than any personal property taxes not delinquent. (c) Title to Property Upon Dissolution. To convey, upon dissolution of the association, the assets of the association to the members of the associa- tion, equally. (d) Operation of Common Areas. To operate and maintain, or provide for the operation and maintenance of all common areas which may be conveyed to it by Declarant, or, at its option, in which it owns easements either for operation and maintenance purposes br for the benefit of members, and to keep all improvements of whatever kind and for whatever purposes from time to time located thereon in good order and repair. (e) Payment of Taxes. To pay all general and special real property taxes and assessments levied upon any property conveyed, or otherwise trans- ferred to the association, to the extent not assessed to the owners thereof. Such taxes and assessments may be contested or compromised by the associa- tion; provided, however, that they are paid or a bond insuring the payment is 11. is posed prior to the sale or other disposition of any property to satisfy the payment of such taxes. (f) Insurance. To obtain and maintain in force the following poli- cies of insurance: (i) Fire and extended coverage insurance on all improve- ments owned by or leased to the association, the amount of such insurance to be not less than 80% of the aggregate full insurable value, meaning actual replacement value, exclusive of the costs of excavations, foundations and footings. Such insurance shall insure the association. (ii) Bodily injury liability insurance, with limits of not less than $500, 000 per person and $1, 000, 000 per occurrence; and property damage liability insurance with a deductible of not more than $1, 500 and a limit of not less than $50, 000 per occurrence, insuring against liability for bodily injury, death and property damage arising from the activities of the association or with respect to property under its jurisdiction. (iii) Workmen's compensation insurance to the extent necessary to comply with any applicable laws. (iv) A fidelity bond in the penal amount of $25, 000 or more, naming the members of the board and such other persons as may be designated by the board as principals, and the association. as obligee. (v) Such other insurance, including indemnity and other bonds, and also including a blanket policy of fire insurance for the full insurable value of all improvements within the development, as the board shall deem necessary or expedient to carry out the association's functions as set forth in the Noe-Jack Three restric- tions, articles and by-laws. 12. The liability insurance referred to in (ii) above shall name as separately protected insureds the Declarant, the association, the Board, the architectural committee, and their representatives, members and employees, with respect to any liability arising out of the maintenance or use of the association property. Every policy of insurance obtained by the association shall contain an express waiver, if available, of any and all rights of subroga- tion against Declarant, Declarant's agents and representatives, any person, firm, or corporation affiliated with Declarant in the development of Noe-Jack Three the.board, the architectural committe, and their representatives, members and employees. Said fire and liability insurance policies may be blanket policies cov- ering the association properties, any properties located within Noe-Jack Three owned and/or administered by the association, and any property of Declarant located within or nearby Noe-Jack Three , in which case the association and Declarant shall each pay their proportionate share of the premium. With respect to insurance proceeds paid in connection with a loss of association property only, the association shall be deemed trustee of the interests of all members (owners) in any insurance proceeds paid to it under any such policies and shall have full power to receive and to receipt for their interest in such proceeds and to deal therewith. (g) Rule Making. To make, establish, promulgate, amend and repeal the association rules as provided in Section 3. 6 hereof. (h) Architectural Committee. To appoint and remove members of the architectural committee as provided in Article IV hereof, and to insure that a t':a).11 reasonable times there is available a duly constituted and appointed architectural committee. (i) Enforcement of Restrictions and Rules. To perform such other acts, whether or not expressly authorized by the Noe-Jack Three restric- tions, as may be reasonably necessary to enforce any of the provisions of the 13. Noe-Jack Three restrictions and the architectural committee rules. (j) Maintenance and Repair. To maintain, repair and landscape, the association property and all improvements thereto. (k) Other. To carry out the duties of the association set forth in the Noe-Jack Three restrictions, articles and by-laws. (1) Contracts. During the period of time when Declarant and/or its--representatives have a majority of the membership votes of the association, neither Declarant nor any agent of Declarant shall enter into any contract which would bind the association or the board thereof for a period in excess of one year, except with the approval of a majority of the owners. (m) Audit. The board shall provide for an annual independent audit of the accounts of the association and any of its employees designated by the board and for delivery of a copy of such audit to each owner within 30 days after completion thereof. Any owner may, at any time and at his own expense, cause an audit or inspection to be made of the books and records of the association by a certified public accountant; provided, however, that such audit or inspec- tion is made during normal working hours and without unnecessary interference with the operations of the association. (n) Financial Statements. The board shall cause financial statements for the association to be prepared and copies shall be distributed to owners as follows: (i) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than 60 days before the beginning of the fiscal year. (ii) A balance sheet (as of an accounting date which is the last day of the month closest in time to 6 months from the date of closing of the first sale of a lot) and a statement of a schedule of assessments received and receivable, identified by lot and name of entity assessed (for the period from said first 14. first clsoing date to said accounting date) shall be distributed within 60 days after said accounting date. (iii) A balance sheet as of the last day of the associa- tion's fiscal year, and an operating statement for said fiscal year be distributed within 90 days after the end of such fiscal year. 3. 5 Powers and Authority of the Association. The association shall have all the powers of a California nonprofit corporation, subject only to such limitations upon the articles, by-laws, or Noe-Jack Three restric- tions. It shall have the power to do any and all lawful things which may be authorized, required or permitted to be done by the association under and by virtue of the res rictions, articles and by-laws of Noe-Jack Three and to do and perform any and all acts which may be necessary or proper for or inci- dental to the exercise of any of the express powers of the association. Without in any way limited the generality of any of the foregoing provisions, the associa- tion shall have the power and authority, without the obligation, at any time, to do the following: (a) Assessments. All in accordance with the provisions of Article VI hereof, and in the propotions set forth therein, to levy regular assessments against the owners of lots and, if necessary, to collect amounts so assessed against the-owners of lots, or any of them; further, to levy special assessments against owners of lots and to enforce payment of any such assessments against the owners utilizing the procedures set forth in said Article VII. (b) Special Assessments. To levy special assessments against owners of lots within Noe-Jack Three as provided for in Article VI hereof. (c) Right of Entry and Enforcement. (i) After 24 hours written notice, to enter without being liable to amp owner upon any lot owned by any owner 15. (including Declarant) for the purpose of enforcing by peaceful means the Noe-Jack Three restrictions. (ii) The association shall also have the power and authority from time to time, in its own name and on its own behalf and on behalf of any owner or owners who consent thereto, to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Noe-Jack Three restric- tions and to enforce, by mandatory injunctions or otherwise, all of the provisions of the Noe-Jack Three restrictions. (iii) The association shall be entitled to immed- iate reimbursement by the owners who or which are in violation of any provisions of the Noe-Jack Three restrictions, to the full extent of any costs or expenses, including, but not limited to, reasonable attorneys' fees incurred by the association in enforcing said provision as provided for in this Section 3. 5(c). In the alter- native, the association shall be entitled to levy assessments against defaulting owners in advance of actually performing corrective work, which assessments shall be equal in amount to the aiticipated cost of performing the corrective work. The assessment and lien procedures provided for in Articles VI and VII hereof shall be available to the association for the purpose of collecting the amounts becoming due to it as contemplated under this Section 3. 5(c). (d) Easements and Rights-of-Way. To grant and convey to the extent of its interest therein to any person, easements, rights-of-way, parcels or strips of land in, on, over or under any association property for the purpose of constructing, erecting, operating or maintaining thereon, therein and thereunder: (i) Roads, streets, walks, driveways, accessways, parkways and park areas; (ii) Un- derground lines, cables, wires, conduits or other devices for 16. the transmission of electricity for lighting, heating, powers, telephone and other purposes; (iii) Sewers, storm water drains, and pipes, water systems, sprinkling systems, water, heating and gas lines or pipes; (iv) Any similar improvements or facilities. (e) Repair & Maintenance of Association Property. To prevent erosion and sliding problems and facilitate the orderly discharge of water through established drainage systems and patterns. (f) Legal & Accounting Services. To retain and pay for legal and accounting services necessary or proper in the operation of the association property, enforcement of the Noe-Jack Three restrictions, or in the performing of any other duties or rights of the association. 3. 6 Rules. The board may adopt such rules as it deems proper, for the use of the association property and for all other property within Noe-Jack Three A copy of said rules, as they may from time to time be adopted, amended, or repealed, shall be mailed or otherwise deliver- ed to each owner and may, but need not be, recorded. Upon such mailing, delivery or recordation, said rules shall have the same force and effect as if they were set forth in and were part of the Noe-Jack Three restrictions. In addition, as to any owner having actual knowledge of any given rules, such rules shall have the same full force and effect and may be enforced against such owner. 3. 7 Liability of Board Members and Manager. No member of the board, nor any agent, representative, or employee of the association shall be personally liable to any owner or to any other party for any damage, loss or prejudice suffered or claimed on account of any act or omission of the associa- tion, the board or any other agents, representatives, or employees of the association, or the architectural committee, provided that such board member or other person has, upon the basis of such information as may be possessed 17 by-him, acted in good faith. 3. 8. Amendments. The provisions of Section 3. 1, 3. 2, 3. 3, and this Section 3. 8 hereof, shall not be amended or revoked in any respect except by the vote or written consent of the holders of not less than 75% of the voting rights of each class of members. ARTICLE IV ARCHITECTURAL CONTROL COMMITTEE 4. 1 Architectural Approval. No building, fence, wall, sign or other structure, or exterior addition to or change or alteration thereof (including painting or landscaping) shall be commenced, constructed, erected, placed, altered, maintained or permitted to remain on the lots and common area until plans and speci- fications showing plot layout and all exterior elevations, with materials and colors therefor and structural design and landscaping, shall have been submitted to and approved in writing by an architectural committee composed of 3 persons initially to be appointed by Declarant ("architectural committee"). In addition, no shrub which at maturity and without pruning thereof would exceed 3 feet in height, tree, or hedge shall be planted or placed on any of the lots and common areas until plans and speci- fications showing the type of shrub, tree or hedge and the proposed location and eleva- tion thereof (including the location and elevation of same in relation to neighboring property) shall have been submitted to and approved in writing by such architectural committee. .All such plans and specifications shall be submitted in writing over the signature of the owner of the property or its authorized' agent. Approval shall be based, among other things, on adequacy of site dimensions; adequacy of structural design and materials; conformity and harmony of external design and materials; con- formity and harmony of external design with neighboring structures ; effect of location and use of improvements on neighboring property , 18 . improvements, operations and uses; relation of topography grade and finished ground elevation of the property being improved to that of neighboring property; proper facing of main elevations with respect to nearby streets; preservation of natural view and esthetic beauty; and conformity of the plans and specifica- tions to the purpose and general plan and intent of this Declaration. In any event, the architectural committee shall have the right to require any member to remove, trim, top or prune any shrub, tree or hedge which such committee reasonably believes impedes the view of any lot. 4. 2 Term of Architectural Committee Appointed by the Declarant. The architectural committee appointed by Deblarant pursuant to Sec. 4. 1 above shall remain in office until the happening of any of the following events, which- ever occurs earlier: (a) When 90% or more of the lots within Noe-Jack Three have been sold. (b) On December 31, 1981 From and after the happening of these events, whichever occurs earlier, the architectural committee shall be composed of the board of the association or by 3 or more representatives appointed by the board who shall be members of the association. 4. 3 Failure to Approve or Disapprove Plans & Specifications. In the event the architecutral committee, or its designated representative, fails to either approve or disapprove such plans and specifications within 30 days after the same have been submitted to it, it shall be conclusively presumed that the architectural committee has approved such plans and specifications. All improve- ment work approved by the architectural committee shall be diligently completed. 4. 4 No Liability. Neither Declarant, the association nor the archi- tectural committee, nor the members thereof, shall be liable in damages to anyone submitting plans or specifications to them for approval, or to any owner of 19. property affected by these restrictions by reason of mistake in judgment, neg- ligence or nonfeasance arising out of or in connection with the approval or disapproval or failure to approve or disapprove any such plans or specifications. Every person who submits plans or specifications to the architectural committee for approval agrees, by submission of such plans and specifications, and every owner of any of said property agrees that he will not bring any action or suit against Declarant, the association, the architectural committee, or any of the members thereof to recover any such damages. 4. 5 Notice of Noncompliance or Noncompletion. Notwithstanding anything to the contrary contained herein, after the expiration of one year from the date of issuance of a building permit by municipal or other governmental authority for any improvement, said improvement shall, for the benefit of pur- chasers and encumbrancers in good faith and for value, be deemed to be in compliance with all provisions of this Article IV, unless actual notice of such noncompliance or noncompletion, executed by the architectural committee or its designated representatives, shall appear of record in the Office of the County Recorder of Riverside County, California, or unless legal proceedings shall have been instituted to enforce compliance or completion. 4. 6 Rules & Regulations. The architectural committee may from time to time, in its sole discretion, adopt, amend and repeal rules and regulations interpreting and implementing the provisions hereof. 4. 7 Variances. Where circumstances, such as topography, location of property lines, location of trees, or other matters require, the architectural committee, by the vote or written consent of a majority of the members thereof, may allow reasonable variances as to any of the covenants, conditions or re- strictions contained in this Declaration under the jurisdiction of such committee, on such terms and conditions as it shall require; provided, however, that all such variances shall be in keeping with the general plan for the improvement 20. and development of the property. ARTICLE V PROPERTY RIGHTS IN THE COMMON AREAS 5. 1 Members' Easements of Enjoyment. Subject to the provisions of Sec. 5. 3 below, every member shall have a right of easement of enjoyment in and to the common areas, and such easement shall be appurtenant to and shall pass with the title to every assessed lot. 5. 2 Title to Common Properties. Prior to the conveyance of the first lot in Noe-Jack Three Declarant, its successors or assigns, shall convey to the association fee simple or other fee of leasehold title to, or an easement in, the common areas, free and clear of all liens and encumbrances, except current real property taxes, which taxes shall be prorated to the date of transfer, and reservations, easements, covenants, conditions and restric- tions then of record, including those set forth in this Declaration. 5. 3 Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following: (a) The right of the association, in accordance with its, articles and by;-laws, to borrow money for the purpose of improving the common areas and facilities thereon, if any, and in aid thereof to mortgage or deed, in trust, said common areas; provided, however, that the rights of the mortgagee or beneficiary shall be subordinate to the rights of the members. (b) The right of the association to take such steps as are reasonably necessary to protect the common areas against foreclosure. (c) The right of the association, as provided in its by-laws, to suspend the voting rights of any member for any period during which any assessment against his lot remains unpaid and delinquent, and for a 21. period. not to exceed 30 days for any infraction of its published rules and regulations. (d) The right of the association to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer shall be effective unless approved by the vote or written consent of members entitled to exercise not less than 2/3rds of the voting power of the membership and an instrument in writing is recorded and signed by the secretary. of the association certifying that such dedication or transfer has been approved by the required vote. (e) The right of the association to establish uniform rules and regu- lations pertaining to the use of the common areas and the facilities thereon. (f) The right of the association to limit the number of guests of members (g) The right to establish rules against renting to transients, including the right to define the definition of "transients". (h) The right to assign open parking spaces to all owners, their tenants and guests. Reassignment of said spaces shall be based upon mutual consent of the owners whose assignments are to be changed and failing such consent shall be after notice of same to such owner and hearing before the board. 5. 4 Delegation of Use. Any member may delegate, in accordance with the by-laws of the association, his right of enjoyment to the common areas and facilities. ARTICLE VI COVENANT FOR ASSESSMENTS 6. 1 Creation of the Lien and Personal Obligations of Assessments. Declarant for each lot owned by it within Noe-Jack Three hereby covenants, 22. and each owner of any lot within the property by acceptance of a deed or other conveyance therefor, whether or not it shall be so expressed in any such deed or other conveyance, is and shall be deemed to covenant and agree to pay to the association assessments, as defined in Section 1. 25 of Article I above, in- cluding regular assessments and special assessments, capital improvement assessments and reconstruction assessments as may be fixed, established and collected from time to time as hereinafter provided. The assessments, together with such interest thereon and costs of collection thereof, as provided below in Article VII, shall be a charge on the lot and shall be continuing lien upon the lot against which each such assessment is made. The lien shall become effective upon recordation of a notice of claim of lien in accordance with Article VII of this Declaration. Each assessment, together with such interest and costs, shall also be the personal obligation of the person or entity who was the owner of such lot at the time when the assessment or any portion thereof fell due and shall bind his heirs, devisees, personal representatives, successors and assigns. However, the personal obligation shall not pass to his successors in title unless expressly assumed by them. 6. 2 Purpose of Assessments. The regular assessments levied by the association shall be collected, accumulated and used exclusively for the purpose of providing for and promoting the pleasure, recreation, health, safety and social welfare of the members of the association, including the improvement and maintenance of the common areas and facilities thereon devoted to this purpose. 6. 3 Regular Assessments. The amount of regular assessments shall be determined by the board of the association after giving due consideration to the current maintenance costs and future needs of the association; provided, however, the board may not, without the vote or written assent of a majority of the voting power of the association residing in members other than Declarant, 23. impose a regular annual assessment per lot which is more than 20% greater than the regular assessment for the immediately preceding fiscal year. 6. 4 Special Assessments. In addition to the regular assessments authorized by Sec. 6. 3 above, the board of the association may levy for an assessment period (a) a special assessment for capital improvements for the purpose of defraying, in whole or in part, the cost of any installation or construc- tion of a described capital improvement upon the common areas, including the necessary fixtures and personal property related thereto; and (b) a special assessment for the purpose of defraying, in whole or in part, the payment of common expenses, other than capital improvements, provided that the board of the association may not, without the vote or written assent of a majority of the voting power of the association residing in members other than Declarant, levy any such special assessments which in the aggregate exceed 5% of the budgeted gross expenses of the association for the fiscal year (provided, however, the foregoing limitation shall not be applicable in the situation where the special assessment arises to defray costs incurred in bringing an owner into compliance with the Noe-Jack Three restrictions. 6. 5 Date of Commencement of Regular Assessments and :Due Dates. The regular assessments provided for herein shall commence following the conveyance of the first lot within Noe-Jack Three to an owner. Regular assessments shall be levied on a calendar year basis ("assessment period"), and shall be due and payable quarterly in advance on December 31, March 31, June 30 and September 30 or in such other manner as the board of the association may from time to time establish. The regular assessments for the first assess- rrient period (including any partial calendar year preceding the first full calendar year) shall be and it hereby is levied and fixed at the rate of $ per lot and shall be in an amount which bears the same relationship to said assessment as the remaining number of months in that year bears to twelve; 24. provided, "however, that after consideration of current maintenance costs and future needs of the association said assessment may be reduced by resolution of the board of the association. The first regular assessment pertaining to Noe-Jack Three shall be due and payable as determined by resolution of the board of the association. The due date of any special assessment under Sec. 6. 4 shall be fixed in the resolution authorizing such assessment. 6. 6 Assessment Procedures. At least 30 days in advance of each assessment period following the first assessment period, the board shall esti- mate the total common area expenses to be incurred by the association for such forthcoming assessment period and shall at that time determing and fix the " amount of the regular assessment against each lot subject thereto for such assessment period. Written notice of such regular assessment shall be sent to every owner subject thereto at least 15 days in advance of each assessment period. Each owner shall thereafter pay to the association his regular assess- ment in quarterly installments as hereinabove provided. In the event the board shall determine at any time that the regular assessments levied for the current assessment period are, or will become, inadequate to meet all common area expenses for any reason, it shall immediately determine the appropriate amount of each inadequacy, issue a supplemental estimate of the common area expenses and revise and fix the amount of regular assessments against each owner. 6. 7 Certificate of Payment. Upon demand, the association shall furnish to any owner liable for annual or special assessments a certificate in writing signed by an officer of the association setting forth whether said assess- ments or any portion thereof have been paid. Such certificate shall be con- clusive evidence of payment of any assessments or portion thereof therein stated to have been paid. A reasonable charge may be made by the board for the iss uance of any such certificate. 25. 6. 8 Assessment of Lots owned by Declarant. Without exception, each lot owned by Declarant, its successors and its assigns, shall be subject to assessment to the same extent and in the same manner as any other lot owned by any owner. 6. 9 Nonuse and Abandonment. No owner may waive or otherwise escape personal liability for the assessments provided for herein by nonuse of the common areas or abandonment of his lot. 6. 10 Uniform Rate of Assessment. Both regular and special assessments shall be fixed at a uniform rate for-all lots. 6. 11 Exempt Property. The following property subject to this Declara tion shall be exempted from the assessments, charges and liens created here- in; (a) All properties dedicated to and accepted by a local public authority; (b) All common areas; and (c) All properties exempted from taxation by the laws of the State of California, upon the terms and to the extent of such legal exemption. Notwithstanding any provision herein, no real property or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens. ARTICLE VLi NONPAYMENT OF ASSESSMENTS 7. 1 Delinquency and Remedies of Association. If any assessment, regular or special, or any portion thereof, is not paid on the date when due, then such assessment or portion thereof shall become delinquent and shall, together with interest and costs of collection as provided below, thereupon be- come a continuing lien on the lot against which such assessment was made as more particularly described in Article VI above. If the assessment or any portion thereof is not paid within 30 days after the delinquency date, it shall bear interest from the date of delinquency at the then legal rate and, in addition to all other legal and equitable rights or remedies, the association may, at 26 option, bring an action at law against the owner personally obligated to pay the same; or, upon compliance with the notice provisions set forth in Sec. 7. 2 glow, to foreclose the lien against the lot and there shall be added to the amount of such assessment or any portion thereof and interest thereon, all costs and expenses, including reasonable attorneys' fees incurred by the association in collecting the delinquent assessment. In lieu of judicially fore- closing the lien, the association, at its option, may foreclose such lien by proceeding under a power of sale as provided below in Sec. 7. 3, such a power of sale being given to the association as to each and every lot for the purpose of collecting delinquent assessments. Each owner vests in the association, its successors or assigns, the right and power to bring all actions of law or lien foreclosures against such owner or other owners for purposes of collecting delinquent assessments. 7. 2 Notice of Claim of Lien. No action shall be brought to foreclose the lien or to proceed under the power of sale less than 30 days after the date a notice of claim of lien, executed by a duly authorized representative of the association, is recorded with the Riverside County Recorder, said notice stating the amount claimed (which may include interest and costs of collection, including reasonable attorneys' fees), a good and sufficient legal description of the lot being assessed, the name of the record owner or reputed owner thereof, and,the name and address of the association as claimant. A copy of said notice of claim shall be deposited in the United States Mail, certified or registered with postage thereon fully prepaid, to the owner of the lot. 7. 3 Foreclosure Sale. Any such sale provided for above shall be conducted in accordance with the provisions of Sections 2924, 2924b and 2924c of the Civil Code of the State of California, applicable to the exercise of powers of sale in mortgages and deed of trust, or in any other manner permitted or provided by law. The association, through its duly authorized agents, shall have the power to bid on the lot at foreclosure sale and to acquire and 27. hold, lease, mortgage and convey the same. 7. 4 Curing of Default. Upon the timely curing of any default for which a notice of claim of lien was recorded by the association, the officers of the association are hereby authorized to file or record, as the case may be, an appropriate release of such notice, upon payment by the defaulting owner of a fee to be determined by the association, but not to exceed $25 to cover the costs of preparing and filing or recording such release together with the payment of such other costs, interest or fees as shall have been incurred. 7. 5 Cumulative Remedies. The assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution for all other rights and remedies which the association and its assigns may have hereunder and by law or in equity. 7. 6 Subordination of the Lien to Mortgages. The lien of the assess- ments provided for herein shall be subordinate to the lien of any deed of trust or mortgage now or hereafter placed upon any of the lots within Noe--Jack Three subject to assessment; provided, however, that such subordina- tion shall apply only to the assessments which have become due and payable prior to a sale or transfer of such lot pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such lot from liability for any assessments thereafter becoming due nor from the lien of any such subsequent assessment. ARTICLE VIJI GENERAL RESTRICTIONS 8. 1 Except as provided in Section 8. 4 below, no lot shall be used for any purpose other than one single-family residence designed for occupa- tion by not more than one family, together with outbuildings herein permitted by the architectural committee. 8. 2 No activity shall be taken nor shall any use be made of properties 28. within Noe-Jack Three which would tend to injure the reputation thereof or to disturb the neighborhood or occupants of adjoining property, or to con- stitute a nuisance or in violation of any public law, ordinance or regulation in anywise applicable thereto. 8. 3 The common areas within Noe-Jack Three shall be used for park, recreational, social and other purposes directly related to the uses authorized or reserved as provided in this Declaration. 8. 4 Declarant, its successors and assigns, may use any of the lots owned by Declarant for model home sites and display and sales offices. 8. 5 No building, structure or improvement shall be constructed, erected, altered, placed or permitted to remain on any lot in such location or manner as will unreasonable obstruct or interfere with the view of any other lot or which exceeds the height limit above the building pad as specified in the County General Plan or ordinances of the City of Palm Desert. No build- ing, structure or improvements shall be constructed, erected, altered, placed or permitted to remain on any lot in Noe-Jack Three which does not conform with the building setback distance requirements as specified in the County General Plan or ordinances of the City of Palm Desert. No projection of any type shall be placed or permitted to remain above the roof of any residential building, with the exception of one or more chimneys and one or more vent stacks. No outside television or radio pole or antenna or other electronic device shall be constructed, erected or maintained on any building or on any property within Noe-Jack Three or connected un such manner as to be visible from the outside of any such building, without approval of the Archi- tectural Committee. 8. 6 No shed, tent or temporary building shall be erected, maintained or used on any lot within Noe-Jack Three 8. 7 No mobile home, boat, truck or trailer of any kind shall be kept, stored, parked, maintained, constructed or repaired on any lot or 29• street within Noe-Jack Three in such a manner as to be visible from any neighboring property; provided, however, that the provisions of this section shall not apply to emergency vehicle repairs. 8. '3B No privy shall be erected, maintained or used upon any portion of Noe-Jack Three 8: '9: Except for a sign of customary and reasonable dimensions, the area of which shall not exceed four square feet, and advertising the lot for sale or lease, no sign or other advertising device of any character shall be erected, maintained or displayed upon any portion of the lot; provided, however, that' Declarant, its agents and assigns, may erect and maintain i such signs and other advertising devices or structures as it may deem necessary or proper in connection with the conduct of its operations for the develop- ment, improvement, subdivision and sale of the lots within Noe-Jack Three. 8. 1 :0 No animals, fowl, reptiles or poultry shall be kept within a lot, except that domestic dogs, cats, birds and fish may be kept; however, the same shall not be bred or raised thereon for commercial purposes or in unreasonable quantities. 8. 13 No weeds, rubbish, debris, objects or materials of any kind shall be placed or permitted to accumulate upon any portion of any property which render such portion unsanitary, unsightly, offensive or detrimental to any property in the vicinity thereof or to the occupants of any such property in such vicinity. No plants or seeds infected with noxious insects or plant diseases shall be brought upon, grown or maintained upon any portion of any property. In the event of the default in the performance of this provision, and if such default shall not have been cured within 5 days after written notice thereof, Declarant, so long as it is an owner of at least 25% of the lots, or the association, shall have the right to enter upon said property and remove all weeds, rubbish, debris, objects or materials and do all things necessary to place said property in a neat and orderly condition and any expenses therefor shall become due and payable from the owner of said property 30. to Declarant or the association, as the case may be, within 5 days after written demand therefor. 8. 12 All service yards, or service areas, clothesline areas, rubbish containers and storage piles on any property within Noe-Jack Three shall be enclosed or fenced in such a manner that such yards, areas, containers, equipment and piles will be obstructed from view from any neighboring prop- erty or street. 8. 13 No noxious or offensive trade or activity shall be carred on upon any portion of the property, nor shall anything be done or maintained thereon which may be or become an annoyance or nuisance to the neighborhood. 8. 14 All units and other structures within Noe-Jack Three and each portion thereof shall at all times be maintained in good condition and repair and well and properly painted. 8. 15 All landscaping of every kind and character, including shrubs, trees, grass and other plantings shall be neatly trimmed, properly cultivated and maintained continuously by the owner thereof in a neat and orderly condi- tion and in a manner to enhance its appearance. 8. 16 No tree, shrub or planting of any kind shall be allowed to over- hang or otherwise encroach upon any sidewalk or other pedestrian way from ground level to a height of 10 feet without the prior approval of the architect- ural committee. 8. 17 No property within Noe-Jack Three shall be used in any manner to explore for or to remove any water, oil or other hydrocarbons, minerals of any kind, gravel, earth or any earth substance or other mineral of any kind. No machinery or equipment of any kind shall be placed, opera- ted or maintained upon any lot, except such machinery or equipment as is usual and costomary in connection with the use and maintenance of a unit. 8. 18 During reasonable hours and after reasonable notice, any 31. agent of Declarant, so long as it is an owner of at least 250/6 of the lots, or the association, shall have the right to enter upon and inspect lots for the purpose of ascertaining whether or not the provisions of this Declaration are being complied with and shall not be deemed guilty of trespass by reasons thereof. 8. 19. Each member shall be liable to the association for any damage to the common areas or to any of the equipment or improvements thereon which may be sustained by reason of the negligence or willful misconduct of said member or of his family members, relatives, guests or invitees, both minor and adult. 8. 20. The respective condominiums shall not be rented by the owners thereof for transient or hotel purposes, which will be defined as rental for any period less than 30 days. Subject to the foregoing restrictions, the owners of the respective condominiums shall have the absolute right to lease same provided that the lease is made subject to the covenants, conditions, restrictions, limitations, and uses contained in this declaration and by-laws. i 8. 21. This is an adult project. No person under the age of 18 years can occupy any unit on a permanent basis. A permanent basis is defined to mean occupancy for more than seven (7) consecutive days; provided, however, that tenants who purchase the unit they are occupying at the time the units are con- verted from apartments are expressly excepted from this age restriction. ARTICLE IX DESTRUCTION OF COMMON AREA IMPROVEMENTS 1 In the event of a partial or total destruction of improvements upon the common area, it shall be the duty of the association to restore and repair the same to their former condition as promptly as is practicable and in a lawful and workmanlike manner. The proceeds of any insurance maintained pursuant hereto shall be used for such purpose, subject to the prior rights of 32. mortgagees whose interest may be protected by said policies. In the event that the amount available from the proceeds of such in surance policies for such restoration and repair shall be at least 85% of the estimated cost of restoration and repair, a reconstruction assessment, with each owner contributing a like sum, may be levied by the association to provide the ' necessary funds for such reconstruction and repair, over and above the amount of any insurance proceeds available for such purpose. In the event the amount available from the proceeds of such insurance policies for such restorat'.on snd repair shall be less than 85% of the estimated cost of restora- tion and repair, the improvements shall not be replaced or restored unless approved by the vote or written consent of members entitled to exercise 2/3rds of the voting power 32a. of the membership of the association. Notwithstanding the foregoing, unless at least 7516 of the mortgagees holding a first lien based on one vote for each mortgagee, have given their prior written approval, the association shall not be entitled to use hazard proceeds for losses to any common area for other than the repair, replacement or reconstruction of such improvements. In the event of a determination not to replace or restore the improvements on the common area, and provided that in the event of such determination the associa- tion shall obtain the additional written consent of 75% of such mortgagees, the common area shall be cleared and landscaped for community park use; pro- vided, however, that there shall exist in such common area adequate vehicular and pedestrian rights of way for the owners of lots to insure legal access thereto, and the costs thereof shall be paid for with the insurance proceeds, and any deficiency may be raised by the levy of uniform reconstruction assess- ments in an amount determined by the board of the association. In the event any excess insurance proceeds remain, the board shall retain such sums in the general funds of the association. Notwithstanding anything to the contrary contained in this Article IX, the distribution of any insurance proceeds for any damage or destruction to the common area shall be subject to the prior rights of mortgagees. ARTICLE X EMINENT DOMAIN - COMMON AREA The term "taking" as used in this Article shall mean condemnation by eminent domain or sale under threat of condemnation. In the event of a threat- ened taking of all or any portion of the common area, the members hereby appoint the board of the association and such persons as the board of the association may delegate to represent all of the members in connection with the taking. The board shall act in its sole discretion with respect to any awards being made in connection with the taking and shall be entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation 33. action. Any awards received on account of the taking shall be paid to the association. In the event of a taking of less than all of the common area, the rules as to restoration and replacement of the common area and the improvements thereon shall apply as in the case of destruction of improve- ment upon the common area. In the event of a total taking, the board shall retain any award in the general funds of the association. Notwithstanding anything to the contrary in this Article X, the distribution of any award or awards for a taking of all or any portion of the common area shall be subject to the prior rights of mortgagees under deeds of trust. ARTICLE XI MORTGAGE PROTECTION 11. 1 Priority of Mortgage Lien. No breach of the covenants, condi- tions or restrictions herein contained, nor the enforcement of any lien provi- sions herein shall affect, impair, defeat or render invalid the lien or charge of any mortgage made in good faith and for value encumbering any lot, but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise, with respect to a lot. 11. 2 Curing Defaults. A mortgagee who acquires title by judicial foreclosure, deed in lieu of foreclosure, or trustee's sale shall not be obliga- ted to cure any breach of the provisions of this Declaration which is noncurable or of a type which is not practical or feasible to cure. The determination of the board, made in good faith as to whether a breach is noncurable or not feasible to cure shall be final and binding on all mortgagees. 11. 3 Resale. It is intended that any loan to facilitate the resale of any lot after judicial foreclosure, deed in lieu of foreclosure, or trustee's sale is a loan made in good faith and for value and entitled to all of the rights and protections afforded to other mortgagees. 11. 4 Relationship with Assessment Liens. (a) The lien provided for in Article VII hereof entitled ''Nonpayment of Assessments" for the 34. payment of assessments shall be subordinate to the lien of any mortgage which was recorded prior to the date any such assessment becomes due. (b) If any lot subject to a monetary lien created by any provision hereof shall be subject to the lien or a mortgage (i) the foreclosure of any lien created by anything set forth in this Declaration shall not operate to affect or impair the lien of such mortgage; and (ii) the foreclosure of the lien of said mortgage, the acceptance of a deed in lieu of foreclosure of the mortgage or sale under a power of sale included in such mortgage (such events being hereinafter referred to as "events of foreclosure"), shall not operate to affect or impair the lien hereof, except that any persons who obtain an inter- est through any of the events of foreclosure shall take title free of the lien hereof for all such charges as shall have accrued up to the time of any of the events of foreclosure, but subject to the lien hereof for all of said charges that shall accrue subsequent to the events of foreclosure. (c) Any mortgagee who obtains title to a lot by reason of any of the events of foreclosure, or any purchaser at a private or judicial foreclosure sale, except one who takes a deed in lieu of foreclosure, shall take title to such lot free of any lien or claim for unpaid assessments against such lot which accrue prior to the time such mortgagee or purchaser comes into possession of the lot, except for liens or claims for a share of such assessments resulting from the reallocation of such assessments to all lots within Noe-Jack Three. (d) Nothing in this Section shall be construed to release any owner from his obligation topay for any assessment levied pursuant to this Declaration. 11. 5. Seventy-Five Percent Vote of Mortgagees. Except upon the prior written approval of at least 7576 of all first mortgagees; based on one vote for each mortgagee, neither the association or the members shall be entitled to do any of the following: 35. (a) Dissolve the association or abandon or terminate the maintenance of the common area by the association. 11. 6 Approval Rights of First Mortgagees. The common area may not be abandoned, partitioned, sold, alienated, subdivided, released, transferred, hypothecated or otherwise encumbered, without the prior approval of all first mortgagees; provided, however, the granting of easements for public utili- ties or other public purposes consistent with the intended use of the common area shall not require such approval. 11. 7 Other Right of First Mortgagees. Any first mortgagee shall, upon written request to the association, be entitled to: (a) Inspect the books and records of the association during normal business hours. (b) Receive the annual audited financial statements of the association ninety days following the end of the association's fiscal year. (c) Receive written notice of all annual and special meetings of the members or of the board, and first mortgagees shall further be entitled to des ignate a representative to attend all such meetings in order to, among other things, draw attention to violations of this Declaration which have n,it been corrected or made the subject of remedial action by the association; provided, however, nothing con- tained in this Section shall give a first mortgagee the right to call a meeting of the board or of the members for any purpose or to vote at any such meeting. 11. 8 Mortgagees Furnishing Information. Mortgagees are hereby authorized to furnish information to the Board concerning the status of any loan encumbering a lot. 11. 9 Notice to First Mortgagees of Owner Default. Any first mortgagee shall be entitled to written notification from the association of any default in the performance of the obligations imposed by this Declaration by the owner whose lot is encumbered by such mortgagees' mortgage, 36. which default has not been cured within 60 days of a reque st'therefor by the association; provided, however, the association shall only be obligated to provide such notice to first mortgagees who have previously requested such notice in writing. 11. 10 Right of First Refusal. In the event this Declaration is amended to provide for any right of first refusal in the association, a mortgagees who comes into possession of a lot pursuant to a judicial foreclosure, a deed in lieu of foreclosure, or a trustee's sale shall be exempt therefrom. 11. 11 Conflicts. In the event of any conflict between any of the pro- visions of this Article and any of the other provisions of this Declaration, the provisions of this Article shall control. 11. 12 Notice of Destruction or Taking. In the event that the common area or any portion thereof is substantially damaged or is made the subject of any condemnation proceeding in eminent domain or is otherwise sought to be acquired by a condemning authority, the Board shall promptly notify any first mortgagee affected by such destruction, taking or threatened taking. As used herein "substantially damaged" shall mean damage exceeding $10, 000. If requested in writing by a first mortgagee, the association shall evidence its obligations under this Section in a written agreement in favor of such first mortgagee. ARTICLE XII GENERAL PROVISIONS 12. 1 Term. The covenants, conditions and restrictions of this Declaration shall run until December 31, 2000, unless amended as herein provided. After December 31, 2000, such convenants, conditions and restrictions shall be automatically extended for successive periods of ten years each, unless amended or extinguished by a written instrument executed by at least 75% of the avners of lots in Noe-Jack Three and such 37. written instrument is recorded with the Riverside County Recorder. 12. 2 Amendment. Subject to the provisions of Sec. 11. 5 above, this Declaration may be amended only by an instrument in writing signed by Class A Members of the association holding not less than 75010 of the voting power of the Class A Membership; provided, however, so long as the Class B membership within the association is still in effect, this Declaration may be amended only by an instrument in writing signed by members entitled to exercise not less than 75% of the voting power of each class of membership. Any amendment must be properly recorded. 12. 3 Notices. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered 72 hours after a copy of the same has been deposited in the United States mail with postage thereon fully prepaid and addressed to any person at the address given by such person to the association for the purpose of service of such notice, or to the residence of such person if not address has been given to the association. Such address may be changed from time to time by notice in writing to the association. 12. 4 Interpretation. The provisions of this Declaration shall be liberally construed to effectuate their purpose of creating a uniform plan for the development and operation of Noe-Jack Three This aclaration shall be construed and governed under the laws of the State of California. 12. 5 Enforcement and Nonwaiver. (a) Right of Enforcement. Except as otherwise provided herein, any owner of any lot within Noe-Jack Three shall have the right to enforce any or all of the provisions of the Noe-Jack Three restrictions upon any property within Noe-Jack Three and the owners thereof. 38. (b) Violations and Nuisance. Every act or omission whereby any provision of the Noe-Jack Three restrictions is violated in whole or in part is hereby declared to be a nuisance and may be enjoined or abated, whether or not the relief sought is for negative or affirmative action by Declarant or the association or any owners of lots within Noe-Jack Three However, any other provisions to the contrary notwithstanding, only Declarant, the association, the board or the duly authorized agents of any of them may enforce, by self-help, any of the provisions of the Noe-Jack Three restrictions, and only if such self-help is preceded by reasonable notice to the owner involved. (c) Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of any property within Noe-Jack Three is hereby declared to be a violation of the Noe-Jack Three restric- tions and subject to any or all of the enforcement procedures set forth in said restrictions. (d) Captions. All captions and titles used in this Declaration are intended solely for convenience or reference and shall not affect that which is set forth in any of the provisions hereof. (e) No Rights Given to the Public. Nothing con- tained in this Declaration shall be deemed to be a gift or dedication of any portion of Noe-Jack Three to the general public or for any public use or purpose. IN WITNESS WHEREOF, Declarant has executed 39. this Master Declaration of Covenants, Conditions and Restrictions for NOE-JACK THREE on the day and year first above written. 73-315 Shadow Mountain Drive, Ltd. , Limited Partnership BY David Heusinkveld, General Partner BY Edwin G. Krosschell, General Partner To •<2 c (Partnership) T1 - STATE OF CALIFORNIA Riverside S5. COUNTY OF 1981 T On Lc fore me,the undersigned, a Notary Public in and for said State. persnna)1} appeared David Heusinkveld W W = known to me j to be one of the partners of the partnership IL a that executed the within instrument, and acknowledged to me f m that such partnership executed the same. WITNESS my hand and official seal. Signature - Name IT or Printed) —_ To A42 c O (Partnership) STATE OF CALIFORNIA SS. COUNTY OF 1981 T On before me,the undersi ned, a Notary Public in and for said State, personally appeared 'Edwin G. Krosschell W W known 10 me �� e to Le one of the partners of the partnership a eq C < iLat executed the within instrument, and acknowledged to me —J'�L GT m tflat such partnership executed the same. J N WITNESS my hand and official seal. U� Vyu U t Signatur I C� i Name (Typed or Printed) (TAi, area for ofiri❑ notarial reaU 40. EXHIBIT "A" LEGAL DESCRIPTION LOTS I THRU 10 , INCLUSIVE OF TRACT NO. AS SHOWN BY MAP RECORDED IN BOOK PAGES OF MAPS, ON 1981 RIVERSIDE COUNTY RECORDS. CONSENT OF LIENHOLDER and SUBORDINATION OF LIEN i THE UNDERSIGNED, beneficiary under that certain Deed of Trust dated recorded as Instrument No. in Book Page of official records of Riverside County, California, consents to all of the provisions contained in the attached Declaration of Covenants, Conditions and Restrictions and agrees that the lien of the deed of trust shall be junior and subordinate and subject to said Declaration. DATED: II BY STATE OF CALIFORNIA COUNTY OF On 1980, before me, the undersigned, a -Notary Public in and for said State, personally appeared known to me to be the President and known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. NOTARY PUBLIC in and for said County and State. CONSENT OF LIENHOLDER and SUBORDINATION OF LIEN THE UNDERSIGNED, beneficiary under that certain Deed of Trust dated recorded as Instrument No. in Book Page of official records of Riverside County, California, consents to all of the provisions contained in the attached Declaration of Covenants, Conditions and Restrictions and agrees that the lien of the deed of trust shall be junior and subo -dinate and subject to said Declaration. DATED: BY STATE OF CALIFORNIA COUNTY OF _On 1980, -before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the President and known to me to be the Secretary of the corporation that executed the within instrument, known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. WITNESS my hand and official seal. NOTARY PUBLIC in and for said County and State. ' Sharon D. Boltz OCCV oANi �� 'John R. Noble c/o Norman & Roxanne Frances E. Tizzard 10818 Madrona Dr. RR1 12801 Elkwood 45-451 Lupine Ln. # 26 Sidney, Bc. Canada North Hollywood, Ca. i Palm Desert, Ca. 92260 Sharon D. Boltz OaOc�uVAu ' Francis Tizzard Fred M. Ashley c/o Norman & Roxanne 46-180 Garnet Ct. 45-451 Lupine Ln. # 29 45-451 Lupine Ln. #22 Indian Wells, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 OCC.V rIR Ni 042 Ginger Cobbs Normand J. Roy Normand J. Roy 73-330 Shadow Mnt. Dr. #33 73-340 Shadow Mnt. Dr. #36 3111 Erie Street Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 San Diego, Ca. 92117 OCCV pq Charles E . Little Charles E. Little 73-340 Shadow Mnt. Dr. #39 10120 Crestview Heights Palm Desert, Ca. 92260 La Mesa, Ca. 92041 I i I I j ''S eecohaNi oK " David Heusinkveld David Heusinkveld R. or M. Khalatin c/o Harry Schmitz c/o Harry Schmitz 73-520 Joshua Tree St. 45-900 Coronado 45-900 Coronado Palm Desert, Ca. 92260 Indian Wells, Ca. 92260 Indian Wells , Ca. 922E .David Heusinkveld David Heusinkveld David Heusinkveld c/o Harry Schmitz I c/o Harry Schmitz c/o Harry Schmitz 45-900 Coronado ! 45-900 Coronado 45-900 Coronado Indian Wells, Ca. 92260 Indian Wells, Ca. 92260 Indian Wells , Ca. 922E I BarYy J. McDonald Malcolm E. McElroy Malcolm E. McElroy . 6917 Lowes Ct. S.W. 45-451 Lupine Ln. # 23 P.O.Box 238 Calgary Alberta Ca. Y3E6G palm Desert, Ca. 92260 Bragg Creek, Alberta i Paul Thoryk o120-0P&- ' O.W. Fillerup Gusmits Eng. , Inc. . 45-451 Lupine Ln. #27 224 Bayview Dr. 73-330 Shadow Mnt. Dr. #' Palm Desert, Ca. 92260 San Carlos, Ca. 94070 Palm Desert, Ca. 92260 A.& M. Laplante & Gusmits Eng. ,Inc. Paul Thoryk R.& V. Johnston 410-534-17 Ave SW 1157 Columbia St. 45-405 Lupine Ln. # 15 Calgary, Alb. Canada San Diego, Ca. 92101 Palm Desert, Ca. 92260 Milo E. Shadle Claude Black or- Tom CasementoaO— I°^ .. 45-451 Lupine Ln. # 30 45-405 Lupine Ln. # 18 73-330 Shadow Mnt. Dr. `: Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Milo E. Shadle Claude Black Tom Casement ' P.O.Box 657 1640 Comrose 840 Pacific Coast Hwy Vista, Ca. 92083 Anaheim, Ca. 92802 Hermosa Beach, Ca. 90254 _..iy._.-,_-___-.-- :- -. • oeaop�ro t- Die Blake S . Talbot oroctorA, i Raymond T. Betraun Anthony Ferranti i737330 Shadow Mnt. Dr. 45-451 Lupine Ln. #21 73-340 Shadow Mnt. Dr. 38 . Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Palm Desert , Ca. 92260 Blake S. Talbot Raymond T. Betraun Hugo Sahlein OpeO<eOV 2620 2nd Ave # 9C 763 Bromwell Way 73-340 Shadow Mnt. Dr. 4. Ii San Diego, Ca. 92103 Vista, Ca. 92083 Palm Desert , Ca. 92260 1%,-J rA Al i Or- Jack D. Shekell Jimmy D. Powell Hugo Sahlein - 73-340 Shadow Mnt. Dr. 45-451 Lupine Ln. # 25 690 East Green St. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Pasadena, Ca. 91101 Oc�JphN r OK- P. Page & B. Perris & Jack D Shekell Arthur L Mundo U. Rowan 1600 Swallow Dr. 45-451 Lupine Ln. # 28 45-405 Lupine Ln. # 13 E1 Cajon , Ca. 92020 Palm Desert, Ca. 92260 palm Desert, Ca. 92260 O.W. Fillerup oQ ceGOrAN PatriciaJ.o 45-405 Lupine Ln. # 12 Arthur c Mundo Patiia pi Clark Palm Desert, Ca. 92260 2620 Second Ave 88 45-405 Lupine Ln. # 16 San Diego , Ca. 92103 Palm Desert, Ca. 92260 Patricia J. Clark John R. Noble Jerry & Vera Andrews 108 Regents Rd. 45-405 Lupine Ln. # 19 73-340 Shadow Mnt. Dr. 4 an Diego, Ca. 92122 Palm Desert , Ca. 92260 Palm Desert , Ca. 92260 Phyllis Sanders E. or E. Lugo Richard Dixon 73-385 Shadow Mnt. Dr. 73-298 Joshua Tree St. 73-340 shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Palm Desert , Ca. 92260 I - oee0 ANi ole , Oc-eV rh,vi OK M & M Dunham Ruth N. Keller i Carina R. Perry 73-310 Shadow Mnt. Dr. c/o Roy Barton 45-421 Lupine Ln. # 4 Palm Desert, Ca. 92260 73-242 Joshua Tree St. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 i Peter W. Kemmsies Ruth N. Keller Carina R. Perry - . c/o Mr. Luttz c/o Roy Barton 1401 Parkway Dr. 73-740 Shadow Mnt. Dr. 2727 N . Strathmore Ave. Beverly Hills, Ca. 9021 Palm Desert, Ca. 92260 Rosemead, Ca. 91770 (3emQrhtjr OF Lee R. Berry Henning Andreasen Robert L. Laughlin _ 73-340 Shadow Mnt. Dr. 45-421 Lupine Ln. #3 45-421 Lupine Ln. # 7 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 CVCWD Henning Andreasen i Robert L. Laughlin " P .O.Box 1058 1299 Virginia Way 2274 Caminito Castillo Coachella, Ca. 92236 La Jolla, Ca. 92037 j La Jolla, Ca. 92037 i OCCj VO UT Ole N OIZ Conrad J. Lopes Westside Propt. ,Inc. Betty Wilson 45-421 Lupine Ln. #2 C/O/ Greg Georga 45-405 Lupine Ln. # 11 Palm Desert, Ca. 92260 45-421 Lupine Ln. #6 Palm Desert , Ca. 92260 Palm Desert, Ca. 92260 Conrad J. Lopes Westside Porpt. ,InC. Sandroc Homeowners Ass. i c/o 2 Roy 310 N. Avalon Blvd. I c/o Greg Georga 45-41 Lupine Ln. # 10 Wilmington, Ca. 90744 2956 Carob Palm Desert, Ca. 92260 Newport Beach, Ca. 92660 or Sandroc Homeowners Ass , Howard A. Dunn Janet Farao 45-421 Lupine Ln # 5 45-421 Lupine Ln. #9 c/o N. Roy Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 14105 Durhullen Dr. Poway, Ca. 92064 - _ Oecor�.tir ore Howard A. Dunn Keith Rogers Marguerita M. Shaw 135 Chesham Ave. 45-421 Lupine Ln. # 1 45-405 Lupine # 14 San Carlos , Ca. 94070 palm Desert, Ca. 92260 Palm Desert , Ca. 92260 ---...O�e�rhNi bV= Oe.eJ rRniT oK Louis Alhanati Keith Rogers Joanne Hodges 45-421 Lupine Ln. # 8 2202 Sycamore 45-405 Lupine Ln. #17 Palm Desert , Ca. 92260 Tustin, Ca. 92680 Palm Desert , Ca. 92260 Joanne Hodges ouis Alhanati Barry J. McDonald 215 Colfax # A 45-405 Lupine Ln. # 20 1053 Cartagena Dr. audio City, Ca. 91606 Palm Desert , Ca. 92260 Long Beach , Ca. 90807 C. or F. Holdsworth Phyllis Sanders "C. or F. Holdsworth P.O.Box 804 ; P.O.Box 804 P.O.Box 357 Palm Desert, Ca. 92261 Palm Desert, Ca. 92261 Palm Desert, Ca. 92261 I Patricia H. Welk W. or R. Cosgrove T. or D. Olin 458 Florence Dr. 73-345 Joshua Tree St. 73-259 Shadow Mnt. Dr. Lafayette, Ca. 94549 Palm Desert, Ca. 92260 palm Desert, Ca. 92260 E. or E. Lugo R. or C. Small H. or F. Bagley P.O.Box 1761 73-373 Joshua Tree St. - 73-265 Shadow Mnt. Dr. Palm Desert, Ca. 92261 palm Desert, Ca. 92260 Palm Desert, Ca. 92260 I I Leonard Gregory C. or F. Holdsworth I K. or M. Johnston 73-316 Joshua Tree St. 73-349 Shadow Mnt. Dr. p,O.Box 1064 Palm Desert , Ca. 92260 ! Palm Desert , Ca. 92260 Anchorage, Ak. 99510 � o�r�pRNr ooe J.S. or M.E. Voas I Patrica H. Welk J. or L. Schnebly 73-338 Joshua Tree St. 731 260 Joshua Tree St. 73-235 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 I - I w. or J . Eberle R. or E. Grossman J. or W. Kelly 73-348 .Joshua Tree St. 73-260 Juniper St. 73-245 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 I Patterson & Bryan D. I . or B. K. Tymofy R.E. or M. Swanson DBA Twin Palm Lodge 74-425 Candlewood 73-328 Juniper St. 901 Rutland Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Los Angeles, Ca. 90042 F.L. Esposito or o�� pntir nr T. L. St.Clair R. or W. Pegman Ruth N. Keller Joshua Tree St. 73-255 Shadow Mnt. Dr. c/o Chester Dorn 73-2 1 5 s Ca. 92260 Palm Desert, Ca. 92260 palm Desert, 72-680 Desert View Palm Desert, Ca. 92260 W. or M. Mauser O�� pRNi op Johnston or M. 73-277 Joshua Tree St. K. M & M Dunham Palm Desert, Ca. 92260 73-275 Shadow Mnt. Dr. 45-120 San Pablo # 21 Palm Desert , Ca. 92260 palm Desert, Ca. 92260 M.Or F. Mastrogiovanni Patterson & Bryan 73-305 Joshua Tree St. DBA Twin Palm Lodge M & M Dunham Palm Desert, Ca. 92260 73-219 Shadow Mnt. Dr. 45-120 San Pablo #' 21 Palm Desert, Ca. 92260. Palm Desert, Ca . 92260 Celia Z. Dunn 73-327 Joshua Tree St. R. or W. .Pegram C. or F. Holdsworth Palm Desert, Ca. 92260 2017 Vista Caudel Newport Beach, Ca. 92660 73-331 Shadow Mnt. Dr. Palm Desert , Ca . 92260 C. or F. Holdsworth C. or F. Holdsworth Phvllis Sanders P .O.Box 804 P.O.Box 804 P.O. Box 357 Palm Desert, Ca. 92261 Palm Desert, Ca. 92261 Palm Desert, Ca. 92261 Patricia H. Welk W. or R. Cosgrove T. or D. Olin 458 Florence Dr. 73-345 Joshua Tree St. 73-259 Shadow Mnt. Dr. Lafayette, Ca. 94549 Palm Desert, Ca. 92260 palm Desert, Ca. 92260 E. or E. Lugo R. or C. Small H. or F. Bagley P.O.Box 1761 73-373 Joshua Tree St. 73-265 Shadow Mnt. Dr. Palm Desert , Ca. 92261 palm Desert , Ca. 92260 Palm Desert , Ca. 92260 Leonard Gregory C. or F. Holdsworth K. or M. Johnston 73-316 Joshua Tree St. 73-349 Shadow Mnt. Dr. P.O.Box 1064 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Anchorage, Ak. 99510 i o&eupANT or J. S. or M.E. Voas Patrica H. Welk J. or L. Schnebly 73-338 Joshua Tree St. 73-260 Joshua Tree St. 73-235 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Palm Desert, Ca. 92260 W. or J. Eberle R. or E . Grossman J. or W. Kelly 73-348 .Joshua Tree St. 73-260 Juniper St . 73-245 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 palm Desert, Ca. 92260 Patterson & Bryan D. I . or B. K. Tymofy R.E. or M. Swanson DBA Twin Palm Lodge 74-425 Candlewood 73-328 Juniper St. 901 Rutland Palm Desert, Ca 92260 Palm Desert , Ca. 92260 Los Angeles, Ca. 90042 i F.L. Esposito or Oae OwrtM oe R. or W. PeV an Ruth N. Keller T. L.Esposito 73-255 Shadow Mnt. Dr. c/o Chester Dorn 73-251 Joshua Tree St. palm Desert, Ca. 92260 72-680 Desert View Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 0 tCo JA AJI O[2 W. or M. Mauser K. or M. Johnston 73-277 Joshua Tree St. M & M Dunham 73-275 Shadow Mnt. Dr. 45-120 San Pablo # 21 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 _.__.. __...... OCCU PA NT OK M.Or F. Mastrogiovanni Patterson & Bryan M & M Dunham 73-305 Joshua Tree St. I DBA Twin Palm Lodgie 45-120 San Pablo # 21 Palm Desert, Ca. 92260 73-219 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Celia Z. Dunn gram I R. or W. Pe gram Joshua Tree St. I C. or F. Holdsworth 2017 Cau Newport Palm Desert, Ca. 92260 Vista port Beachch,, Ca Ca. 92660 73-331 Shadow Mnt. Dr. Palm Desert , Ca. 92260 Phyllis' Sanders E. or E. Lugo Richard Dixon 73-385 Shadow Mnt. Dr. 73-298 Joshua Tree St. 73-340 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Palm Desert , Ca . 92260 Palm Desert, Ca. 92260 oac0 rA Nr OK DeGJ IQ AM OK M & M Dunham Ruth N. Keller Carina R. Perry 73-310 Shadow Mnt. Dr. c/o Roy Barton 45-421 Lupine Ln. # 4 Palm Desert , Ca. 92260 73-242 Joshua Tree St. Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Peter W. Kemmsies Ruth N. Keller Carina R. Perry c/o Mr. Luttz c/o Roy Barton 1401 Parkway Dr. 73-740 Shadow Mnt. Dr. 2727 N. Strathmore Ave. Beverly Hills, Ca. 902-IC Palm Desert , Ca. 92260 Rosemead, Ca. 91770 - Lee R. Berry Henning Andreasen Robert L. Laughlin 73-340 Shadow Hint . Dr. 45-421 Lupine Ln . #3 45-421 Lupine Ln . # 7 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 i CVCWD Henning Andreasen Robert L. Laughlin P .O. Box 1058 1299 Virginia Way 2274 Caminito Castillo Coachella, Ca. 92236 La Jolla, Ca. 92037 La Jolla, Ca. 92037 ? . p ee�rnul- 01'_ (Oee.UrArii' ov - Conrad J . Lopes Westside Propt. , Inc. Betty Wilson 45-421 Lupine Ln. #2 C/O/ Greg Georga 45-405 Lupine Ln. # 11 Palm Desert, Ca. 92260 45-421 Lupine Ln. #6 Palm Desert, Ca. 92260 _r: _ .- -_- ._ _ Palm Desert, Ca. 92260 1 -ems_.-- - .. _ . . - o� �•pANr oie Conrad J. Lopes Sandroc Homeowners Ass. p Westside Porpt . , Inc. c/o N. Roy 310 N. Avalon Blvd, c/o Greg Georga 45-421 Lupine Ln. # 10 Wilmington, Ca:` 90744 2956 Carob Palm Desert , Ca. 92260 Newport Beach, Ca. 92660 Howard A. Dunn Janet Farao Sandroc Homeowners Ass . 457421 Lupine Ln # 5 45_421 Lupine Ln. #9 c/o N. Roy Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 ay, D Ca. 92064 Dr. Poway, Ca. 206 i Howard A. Dunn Keith Rogers Marguerita M. Shaw 135 Chesham Ave. 45-421 Lupine Ln. # 1 45-405 Lupine # 14 San Carlos , Ca. 94070 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 O C�vrhuT o�2 ... (9�c.u IOA K) o4e Louis Alhanati Keith Rogers Joanne Hodges 45-421 Lupine Ln. # 8 2202 Sycamore 45-4-05 Lupine Ln. #17 Palm Desert, Ca. 92260 Tustin, Ca. 92680 Palm Desert , Ca. 92260 Oe �v�aAui ow- ouis Alhanati Barry J. McDonald Joanne Hodges 215 Colfax # A 45-405 Lupine Ln . # 20 1053 Cartagena Dr. studio City, Ca. 91606 Palm Desert , ca. 92260 Long Beach , Ca. 90807 . Barry J. McDonald alto ti 6917 Lowes Ct. S .W. Malcolm E .Lupine Ln . 1 Malcolm E. McElroy Calgary Alberta Ca. Y3E6G 45-451 Lupine Ln . ,r 23 P.O.Box 238 palm Desert , Ca. 92260 , Bragg Creek, Alberta Ccav pk nT- 01'— oceunrtur o� Paul Thoryk O.W. Fillerup Gusmits Eng. , Inc. 45-451 Lupine Ln. #27 224 Bayview Dr. 73-330 Shadow Mnt. Dr. #3 Palm Desert, Ca. 92260 San Carlos, Ca. 94070 Palm Desert, Ca. 92260 Paul Thoryk A.& M. Laplante & Gusmits Eng. ,Inc. 1157 Columbia St. R.& V. Johnston 410-534-17 Ave SW San Diego, Ca. 45-405 Lupine Ln. # 15 Calgary, Alb. Canada Palm Desert, Ca. 92260 Milo E . Shadle Claude Black on Tom Casement o� 0,,upA"- 45-451 Lupine Ln. # 30 45-405 Lupine Ln. # 18 73-330 Shadow Mnt. Dr. #3 Palm Desert , Ca. 92260 Palm Desert, Ca. 92260 palm Desert, Ca. 92260 I Milo E . Shadle Claude Black Tom Casement ` P.O.Box 657 1640 Comrose 840 Pacific Coast Hwy ::.Vista, Ca. 92083 Anaheim, Ca. 92802 Hermosa Beach , Ca. 90254 OCt. JIANT OIP Blake S . Talbotaeo«orAui Raymond T. Betraun Anthony Ferranti 73-330 Shadow Mint. Dr. 45-451 Lupine Ln . #21 73-340 Shadow Mnt. Dr. 38. : Palm Desert, Ca. 92260 Palm Desert , Ca. 92260 Palm Desert , Ca. 92260 Blake S. Talbot Raymond T. Betraun Hugo SahleinOR O�uvA" 2620 2nd Ave # 9C , 763 Bromwell Way i 73-340 Shadow Mnt. Dr. 4: ' San Diego , Ca. 92103 Vista, Ca. 92083 Palm Desert, Ca. 92260 'OaLo FAN I 0�* Jack D. Shekell Jimmy D. Powell Hugo Sahlein 73-340 Shadow Mnt. Dr. 45-451 Lupine Ln. # 25 690 East Green St. Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Pasadena, Ca. 91101 o eo �Aur ore P. Page & B. Perris & Jack D Shekell Arthur L Mundo 1600 Swallow Dr. 45-451 Lupine Ln. # 28 Rowan 4 . El Cajon , Ca. 92020 Palm Desert, Ca. 92260 f 5-405 Lupine Ln. # 13 Palm Desert, Ca. 92260 FilleruporPe�uyo n i O�e� PwP7- Cie O.W.W. Lupine Ln. # 12 Arthur L. Mundo Patricia J. Clark .45-405 Palm Desert, Ca. 92260 2620 Second Ave 88 45-405 Lupine Ln . # 16 San Diego, Ca. 92103 Palm Desert, Ca. 92260 - Oe�u1oA1J1 ��-° Patricia J. Clark John R. Noble Jerry & Vera Andrews 6108 Regents Rd. 45-405 Lupine Ln. # 19 ( 73-340 Shadow Mnt. Dr. 4: ` San Diego , Ca. 92122 Palm Desert , Ca. 92260 Palm Desert , Ca. 92260 Sharon D. Boltz Frances s E. Tizzard Ni oe John R. Noble c/o Norman & Roxanne I 10818 Madrona Dr. RR1 12801 Elkwood 45-451 Lupine Ln. # 26 Sidney, Bc . Canada North Hollywood, Ca. Palm Desert, Ca. 92260 Sharon D. Boltz DQOCCJPANr Francis Tizzard Fred M. Ashley c/o Norman & Roxanne 46-180 Garnet Ct. 45-451 Lupine Ln. # 29 45-451 Lupine Ln. #22 Indian Wells, Ca. 92260 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 i I ' OCCJpANT" oe Ginger Cobbs Normand J. Roy Normand J. Roy 73-330 Shadow Mnt. Dr. #33 73-340 Shadow Mnt. Dr. #36 3111 Erie Street Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 San Diego , Ca. 92117 I I I oa�O p�NT oe Charles E . Little Charles E. Little 73-340 Shadow Mnt. Dr. #39 10120 Crestview Heights Palm Desert, Ca. 92260 La Mesa, Ca. 92041 R. or M . - Rhalatin David F.eus--nkveld David Heusinkveld 73-520 Joshua Tree St. c/o Harry Schmitz c/o Harry Schmitz Palm Desert, Ca. 92260 45-900 Coronado 45-900 Coronado Indian Wells, Ca. 92260 I Indian Wells , Ca. 9226C1 David Heusinkveld David Heusinkveld David Heusinkveld c/o Harry Schmitz c/o Harry Schmitz c/o Harry Schmitz 45-900 Coronadoo; I 45-900 ;Coronado 45-900 Coronado Indian Wells, Ca,,. 92260 Indian Wells, Ca. 92260 Indian Wells, Ca. 92260 i � I I i 25-8-6 On 627— 3O T C A /80/, 1806 POR. SW //4 SEC. 20, T. 5S., R. 6E. � 25 ms� c, '?D. . PD M � .o- as- _ — — — — — _SHADOW �6f4(�A<��iA/—= ORLot — G-vIO — io9 . �`.�B .. 3 -4 5 6 - 7 8 9 /O off, � h 0.62O�62 Act o Boy. g y� 30/ ti 44 43 42 4/ 40 39 38 37 . o DATE OCD No. NEW No. - I a/lA dd.31i 21 p c _—VVSHUA —/ /TLG — nor — _ �1' dY"4F_JS F -ST �I 2V -L n � G' 3 4 5 6Afl 0 to 2/ 20 19 /8 17 - 16 15 14 4, - 9 La, T _ —_-- o 0 MB: 2//50-54 Palm Deser/ 32 ASSESSOR'S MAP 8K. 627 PC. 30 RIVERS/DE COUNTY; CALIF AUG. 1967 J -"f Noe - Jack # 3 Page 1 NAME AND ,ADDRESSES OF PROPERTY OWNERS FOR PUBLIC HEARING ON _ T a t # 17147 Lots # 3 & 4 CASE NO. JOB NO. PARCEL NO. NXIE ADDRESS 627-301-005 Cal.,or Florence P.O.Box 804 Holdsworth Palm Desert, Ca. 92261 627-301-006 Cal or Florence P.O.Box 804 Holdsworth Palm Desert, Ca. 92261 627-301-008 Phytlis.-,SLlnders P.o.Box 357 Palm Desert, Ca. 92261 627-301-011 Patricia H. Welk 458 Florence Dr. Lafayette, Ca. 94549 627-301-012 Edward or Eca Lugo P.O.Box 1761 , Palm Desert, Ca. 92261 627-301-013 Leonard Gregory 73316 Joshua Tree St. Palm Desert, Ca. 92260 627-301-014 James S. or Myrtle E. 73338 Joshua Tree St. Voas Palm;Desert, Ca. 92260 627-.301-015 Warren J. or Juanita C. 73348 Joshua Tree St. Eberle Palm Desert, Ca. 92260 627-301-016 David I . or Barbara K. 74425 Candlewood Tymofy Palm Desert, Ca. 92260 Fortunato L. Esposito 627-302-001 or 73-251 Joshua Tree St. . Thomas L. St.Clair Palm Desert, Ca. 92260 627-302-002 William H. or Marilyn 73277 Joshua Tree St. Mauser Palm Desert, Ca. 92260 a� vcw-.w..:._ n..vv_vzrr�+er,-w,^;+%T•YF.rYFX?q?p�:�3 vy��r.�irrrv?;`nw:..,»%;'.';i!4?^.�^""F`s"¢9':F'�` .r;fir. Yam,.,,... ,...aL•'sr• ' - - — .-cr.a srns ryy..l?.gF.� . necmw�sr: Page 2 of Page 1 A/AHt kU� A1�1�KcS5c5 or '?-,c raMIv, — �?o3\lam ��cA kIN(. DiZ— Tract # 17147 Lot. #. 3 & _¢ _ GASt_ AIO. .�oli hoc -- NAME ADDRESS AAR -(�Fi• NOS._ _ _.. _--_._-.._ .__.. _--- 627=302-003 Magda K. or Frank J . 73305 Joshua Txee St. Mastrogiovanni Palm Desert, Ca. 92260 a 627-302-004 Celia Z. Dunn 73327 Joshua Tree St. Palm Desert, Ca. 92260 627-3027005 William L. or Ranae R. 73345 Joshua Tree St. Cosgrove Palm Desert, Ca. 92260 627-302=006 Robert I or Christina F. 73373 Joshua Tree St. Small Palm Desert, Ca. 92260 627-301-006 Cal or Florence 73349 Shadow Mnt. Dr. Holdsworth Palm Desert, Ca. 92260 627-301-011 Patricia H. Welk 73260 Joshua Tree St. Palm Desert, Ca. 92260 627-302-010 ' Robert R. or Eileen J. 73260 Juniper St. Grossman Palm Desert, Ca. 92260 627-302-013 R.E. or Marilyn H. ` 73328 Juniper St. i Swanson Palm Desert, -Ca. 92260 627-380-003 Reginald B. or Wanda R.' 73255 Shadow Mnt. Dr. Pegman ; Palm Desert, Ca. 92260 — - 627-380-006 Kenneth M. or Marguerita 73275 Shadow Mnt. Dr. i Johnston Palm Desert, Ca. 92260 627-284-005 Patterson & Bryan 73219 Shadow Mnt. Dr. DBA Twin Palm Lodge Palm Desert, CA. 92260 _ - Noe - 'Jack # 3 Page # 3 of Page # 1 r . NAME AND. ADDRESSES OF PROPERTY Ol•INERS ! FOR_PUBLIC HEARING Oil t mrart # 17147 rots 3 & a CASE N0: JOB NO. PARCEL NO. NAME ADDRESS i627-380-003 Reginald B. or Wanda R. 2017 Vista Caudal Pegram Newport Beach, Ca. 92660 i :627.-380=004 Thomas H. or Dorothy C. 73259 Shadow Mnt. Dr. Olin Palm Desert, Ca. 92260 627=380-005 Howard P. or Francis L. 73265 Shadow Mnt. Dr. Bagley Palm Desert, Ca. 92260 627.=389=006 Kenneth M. or Marguerit P.O.Box 1064 Johnston Anchorage, Ak. 99510 627=380-009 John R. or Lucille P. 73235 Shadow Mnt. Dr. Schnebly Palm Desert, Ca. 92260 627-380-012 - James W. or Wanda A. 73245 Shadow Mnt. Dr. Kelly Palm Desert, Ca. 92260 627=284a005 'Patterson and Bryan 901 Rutland D B A Twin Palm Lodge Los Angeles, Ca. 90042 627-284-006 Ruth N. Keller 72680 Desert View '..,' c/o Chester Dorn Palm Desert, Ca. 92260 ;627-400-047 M & M Dunham 45120 San Pablo Suite # 21 Palm Desert, Ca. 92260 627-400-048 M & M Dunham 45120 San Pablo Suite 21 Palm Desert, Ca. 92260 627-301-005 Cal or Florence 73331 Shadow Mnt. Dr. HolAsworth f. m't J:`,",•.<„c".rn.......,lmrr^.»+.....gc...rn.a..rc�:^^-"??C.SM1^;rw.r+e,^"mero'+fTnly !l'!'.�1�'C^. I✓.�.x:'fh1�.^.YSR" - . .�41 +11 - .+-�4a!v4+r,�'.s±X�"`•n'. :•ntaaar... .__'�-,�-._�,r�..ur...t'cY.hx.Tla+•iv'9rll - - �."�2^_�''` , , Noe - Jack # 3 Page #4 of Page #1 m4m IF AN� A'i��Cc'SS&S OF�120Yickl✓ OwA; -.p_5 Tract 171-47.-Lots_.#..3& .4-_ Parcel No. Name--_— _----Address_��_— 627-301-008 Phyllis Sanders 73385 Shadow Mnt. Dr. Palm Desert, Ca. 92260 627-301-012 Edward or Eva Lugo 73298 Joshua Tree St. Palm Desert, Ca. 92260 627-400-040 Richard Dixon 73340 Shadow Mnt. Dr. Palm Desert, Ca. 92260 627-400-046 M & M Dun?ianr: _ 73310 Shadow Mnt. Dr. Palm Desert, Ca. 92260 - 627-400-043 Peter W. Kemmsies 73740 Shadow Mnt. Dr. c/o Mr Mrs. Luttz Palm Desert, Ca. 92260 . 627-400-044 Lee R. Berry 73340 Shadow Mnt. Dr. Palm Desert, Ca. 92260 i _ . 627-301-02Z I CVCWD P.O.Box 1058 Coachella, Ca. 92236 i .627-400-002 i Conrad J. Lopes , 45421 Lupine Ln. Palm Desert, Ca. 92260 f '. '. 627-400-002 Conrad J. Lopes 310 N. Avalon Blvd. j Wilmington, Ca. 90744 627-400-005 Howard A. Dunn i 45421 Lupine Ln. Palm Desert, Ca. 92260 i 627-400-005 Howard A. Dunn 135 Chesham Ave. `--� San Carlos, Ca. 94070 i Noe - Jack # 3 Page # 5 of Page # 1 } DL.Suc--VS ilANC tJ7J A1p1�[cSSrS OF�1DIoc�1; w hOK �I JJ?�Lt e. ��cAKlA76 DO Tract # 17147 PARCEL NO. NAME ADDRESS 627-400-008 Louis Alhanati 45421 Lupine Ln. # 8 Palm Desert, Ca. 92260 i 627-400-008 i Louis Alhanati 4215 Colfax #A Studio City, Ca. 91606 627-284-006 Ruth N. Keller 73242 Joshua Tree St. c/O Roy Barton C E S E Palm Desert, Ca. 92260 627-284-006 Ruth N. Keller 2727 N. Strafhmore AveRosemead, Ca. 91770 c/o Roy Barton C E S E 627-400-003 Henning Andreasen 45421 Lupine Ln. # 3 Palm Desert, Ca. 92260 627-400-003 Henning Andreasen 1299 Virginia Way La Jolla, Ca. 92037 627-400-006 • Westside Properties Inc. 45421 Lupine Ln. # 6 c/o Greg Georga Palm Desert, Ca. 92260 627=400-006 Westside Properties Inc. 2956 Carob c/o Greg Georga Newport Beach, Ca. 92660 627-400-009 Janet Farao 45421 Lupine Ln. # 9 Palm Desert, Ca. 92260 627-400=001 Keith Rogers 45421 Lupine Ln. # 1 Palm Desert, Ca. 92260 627-400-001 Keith Rogers 2202 Sycamore Tustin, Ca. 92680 Noe - Jack # 3 Page # 6 of Page # 1 A/A.NE AA1� A1�1�r3SSo5 of niao�oc`N.T✓ 0��=1i5 1-DM �J�iA,c, ��cAklti(o DO — Tract-.#-1-7-1.47---Lots--#-3-&-4-. i PARCEL NO. NAME ADDRESS 627-400-004 Carina R. Perry 45421 Lupine Ln. # 4 Palm Desert, Ca. 92260 ' 627=400-004 Carina R. Perry 1401 Parkway Dr. Beverly Hills, Ca. 90210 1. 627-400=067 Robert L. Laughlin Jr. 45421 Lupine Ln. # 7 Palm Desert, Ca. 92260 627-400-007 I Robert L. Laughlin Jr. l 2274 Caminito Castillo II I La Jolla, Ca. 92037 .'.627-.400-011 ! Betty Wilson 45405 Lupine Ln. # 11 —J Palm Desert, Ca. 92260 627-400-010 Sandroc Homeowners Ass.I 45421 Lupine Ln. # 10 c/o N. Roy Palm Desert, Ca. 92260 627=400-010 Sandroc Homeowners Ass. 14105 Durhullen Dr. c/o N. Roy I Poway, Ca. 92064 -- — 627-400-014 Marguerita M. Shaw 45405 Lupine Ln. # 14 Palm Desert, Ca. 92260 627-400-014 f Marguekte M. Shaw I 45405 Lupine Ln. # 14 Palm Desert, Ca. 92260 627-400=017 Joanne Hodges 45405 Lupine Ln. #17 Palm Desert, Ca. 92260 627=400-017 i Joanne Hodges I 1053 Cartagena Dr. Long Beach Ca. 90807 Noe - Jack # 3 Page # 7 of Page # 1 IJANe ku� At�1�K i.SSrS df=.�1201o8MT�. Oc.iU -Ps rod �I J�,\�� Ik on o 00 Tract # 17147 Lots # 3& 4 C ASe W _fo:d Xo A . PARCEL NO. NAME RESS- — 627=400-020 Barry J. McDonald 45405 Lupine Ln. #20 Palm Desert, Ca. 92260 627-400-020 Barry J. McDonald 6917 Lowes Court So. west Calgary Alberta T3e6g 627-400-023 Malcolm E. McElroy 45451 Lupine Ln. # 23 Palm Desert, Ca. 92260 627=400-023 Malcom E. McElroy P.O.Box 238 Bragg Creek, Alberta 627-400-027 Paul Thoryk 45451 Lupine Ln. # 27 Palm Desert, Ca. 92260 627-400-027 Paul Thoryk 1157 Columbia St. San Diego, Ca. 92101 627=400-030, Milo E. Shadle 45451 Lupine Ln. #30 Palm Desert, Ca. 92260 627^400-030 Milo E. Shadle P.O.Box 657 Vista, Ca. 92083 627-400-034 Blake S. Talbot 73330 Shadow Mnt. Dr. Palm Desert, Ca. 92260 627-400-034 Blake S. Talbot 2620 2nd Ave #9C San Diego, Ca. 92103 627-400-037 , . Jack D. Shekell 73340 Shadow Mnt. Dr. Palm Desert, Ca. 92260 Noe - Jack #3 Page # 8 of Pafe # 1 AIAH6 k1A� A�1�K�S5�5 OF na0 cVPi✓ O AJLN_S HOAKIA;& Oa— — Tract # 17147 -_Lots # 3..&. 4 . . GAsc A10 = �i, �10 PARCEL NO'. NAME ADDRESS 627=400-037 Jack D. Shekell I 1600 Swallow Dr. E1 Cajon, Ca. 92020 627-400-012 O.W. Fillerup 45405 Lupine Ln. # 12 Palm Desert, Ca, 92260 627-400-012 O.W. Fillerup 224 Bayview Dr. San Carlos, Ca. 94070 A. & M. Laplante & 627-400-015 R. & V. Johnston 45405 Lupine Ln. #15 -- — - Palm Desert, Ca. 92260 627-400-018 Claude Black 45405 Lupine Ln. # 18 Palm Desert, Ca. 92260 627-400-018 Claude Black I 1640 Comrose Ahaheim, Ca. 92802 627=400-021 Raymond T. Betraun 45451 Lupine Ln. # 21 Palm Desert, Ca. 92260 627-400-021 I Raymond T. Betraun I 763 Bromwell Way v IIII� Vista, Ca. 92083 627-400- 025 Jimmy D. Powell I 45451 Lupine Ln. # 25 Palm Desert, Ca. 92260 627=400-028 ( Arthur L. Mundo I 45451 Lupine Ln. # 28 _Palm Desert, Ca. 92260 627-400-028 Arthur L. Mundo i 2620 Second Ave 88 San Diego, Ca. 0103 Noe - Jack # 3 Page # 9 of Page #1 NAHi�'^u� .1'O r.• YJ1��\Ic:. I4cAK•/106, OI) --- _-Tract 17147 1. C nsc MO.— ao N. PARCEL NO. NAME ADDRESS. 627,-;400-032 Gusmits Engineering Inc. 73330 Shadow Mnt. Dr. # 32 Palm Desert, Ca. 92260 :627-400-032 Gusmits Engineering Inc , 410-534-17 Ave SW Calgary Alb. Canada T2sobl 627-400=035 Tom Casement 73330 Shadow Mnt. # 35 627=400-035 I Tom Casement 840 Pacific Coast Hwy - - -- Ii Hermosa Beach, Ca. 90254 ` 627=400=038 I Anthony Ferranti 73340 Shadow Mnt. Dr. # 38 Palm Desert, Ca. 92260 - 627-400-041 Hugo .'Hugo Sahlein 73340 Shadow Mnt. Dr. # 41 Palm Desert, Ca. 92260 _ i I 627=400-641' Hugo Sahlein 690 East Green Street Pasadena, Ca. 91101 P..Page & B. Perris & ' 1627--400-013 U. Rowan 45-405 Lupine Ln. # 13 Palm Desert_ Ca. 92260 — - I i '`627-400-016 Patricia J. Clark i 46-405 Lupine # 16 Palm Desert, Ca. 92260 627-400-016 1 Patricia J. Clark 6108 Regents Rd. San Diego, Ca. 92122 ;' 627-400-019 John R. Noble ; 45405 Lupine Ln. # 19 Palm Desert, Ca. 92260 No - Jack # 3 Page # 10 of Page # 1 NgNr tub Atjl�eOssjs of ^iaoloer�✓ o,.J�.:�N_S Lots #. # 3& 4. f PARCF.E O-. —NAME--- --ADDRESS-------..--- 627.. 400_-019 John Noble R. 10818 Madrona Dr. RRkl Sidney, BC, Canada V81 627-400-022 Sharon D. Boltz 45451 Lupine Ln. # 22 C/o Norman & Roxanne Palm Desert, Ca. 92260 627-400-022 Sharon D. Boltz I 12801 Elkwood C/o Norman & Roxanne North Hollywood, Ca. .627-400-026 Frances E. Tizzard 45451 Lupine Ln. # 26 Palm Desert, Ca. 92260 627-400-026 Frances Tizzard 46-180 Garnet Ct. Indian Wells, Ca. 92260 627-400-029 Fred M. Ashley I 45451 Lupine Ln. # 29 Palm Desert, Ca. 92260 627-400-033- ' Ginger Cobbs 73330 Shadow Mnt. Dr. # 33 Palm Desert, Ca. 92260 - I 627-400-036 Normand J. Roy 73340 Shadow Mnt. Dr. # 36 ? Palm Desert, Ca. 92260 627-400-036 ? Normand J. Roy 3111 Erie Street _^ San Diego,_ Ca. 92117 627-400-039 Charles E. Little 73340 Shadow Mnt. Dr. # 39 Palm Desert, Ca. 92260 i 627-400-039 Charles E. Little 10120 Crestview Heights La Mesa, Ca. 92041 Noe - Jack # 3 Page # 11 of Page # 1 NAHc=^ku� AniJecsSc5 or �f'ao�aEN.i� O��u�N_5 Tract # 17147 ,..,_,- _Lots. # .3 & 4 . . F, DARrp-T.-NO _— NA4E 627-400-042 Jerry & Vera Andrews 73340 Shadow Mnt. Dr. # 42 Palm Desert, Ca. 92260 I 1 � 1 t I I I i I 627-25 627-40 TR.A. 1806 POR. SW 114 SEC. 20) T. 5S., R. 6E. Sheet /of 2 z7q� 9L' 89° 41 42"4z TR466 VV ^' � QQ NQ QQ QQ QQ Q � QNQQ 0 3"' 30 ' 0 m m m 0 m m m 0 b m m b m m 0 b m m 25 33.g2' Lj o' e 1" ' - 20 /7 /4 // I l9 /8 /3 /2 NI n/ 89° 92' 39" r —84.58 TR4666 r95 .�5PHASE44 4/ 38 3 -LOT/ z� 40 3s z 25 V rJ 69'44 35 E _ 0 zi.ao' 2 m69- 43 42 37 36 0 0 b 0 0 0 Q Colmnoa Arec m O m O ^ p s ATE OLD NO NEW NO /50.00• Aa l O n T K 2. 241 AC. V 0 5 i5' 05/e0046 oa704e - POR. LOT 235'e m m m m Q Q Q Q 4B z NNNN N N No- 3 3 o g O.3/ Ac. o _ r PoR LOT 2 Z Z�_� J i f r 0 b o 47•, o y \ Z Z 3 3 3 2.52 Ac.' z.ob' 76 .00' _ W N 89'wi' 35"E nl 89°44'35 438 3/B 34B 3 428 43A 3/A 25B ¢ s 40B 42A 34A 268 N 39B 40A 25A .N 2BB �,1 \ CT 37B 39A 26A ° 29B 368 37A 28A 30B - •9�. 32B 27S \ 6A 29A 32A ti 207A 30' 30' o 33A a °ti 1 v1.00' zsG.6i � 230.oz' � i O �.3 LOT� L�^/��//��/o. - _ `...- .�', .ADO Y -._— _4!.B9°44•_35' E. IYI VV� _ —_!]0_ _ _ TR_4666 olo �� rp a866 - �B. 75196-97 Tract No. 4666 (CUB 819-16) ASSESSORS INAP 8K. 627 PG. 40 RIVERSIDE COUNTY, CALIF T.R.A /8I/ 627- 40 . POR. SW 114 SEC. 20, T 5 S., R. 6 E. SHEET 2 of 2 UNDIVIDED INT.IN - - UNDIVIDED INT IN UNDIVIDED INT. IN UFOIVOED INT IN UNIT COMPOSED 0 DETAIL ASSESSOR'S COMMON LOT(S) UNIT COMPOSED OF DETAIL ASSESSOR'S COMMON LOT (S) UNIT COMPOSED OF DETAIL ASSESSOR'S COMMON LOT(S) UNIT CDMPOSED OF DETAIL ASSESSOR'S COMMON LOT (S) NO. AIR SPACES PLAN PARCEL NO. LOT / NO. AIR SPACES PLAN PARCEL NO. LOT / N0. AIR BRACES PLAN PARCEL N0. NO. AIR SPACES PLAN PARCEL NO. / 2 - / /i 4 27-4 - - - -033 2 27- - 34 ! 4 27- C-0 4 2 5 27-400- 5 6 C05 / q 6 3.6 00 2 5 03 007 3 8 8 2. OOB 39 3 6 039 9 1. 4 009 O 1.4 0/0 4/ 2 5 04/ / / // 42 2 2 /2 1.4 0/2 43 1,4 - 2 5 0/3 4 1,42,5 O4 15 3'6 % 3 0/ /7 5 O /8 -2,-5 018 9 / 4 / 20 1.4 Ow 2! / / 22 / 2 23 2 5 023 24 2 5 024 25 3 6 025 3.6 026 27 2 5 027 28 2.5 028 -29 1.4 02 30 4 030 Patio 0 m o r"0L Porch 0 y 2'�+ Q�4o /O.aL O♦ Ov ///7e = Tpq � porch or'chPatio Patio p 54' . � 5 Porch .74, N 4 2813 4OB OVAV V Ns bd .a\4 2' /4 / V 6u• 700'7.00' 00 3 4 6 + ^ ^ o a p a A ry ry V h `4 �ri A 8 2/-20 p/03' 2/./B' 2 ' n 2/.03' FIRST FLOOR SECOND FLOOR ASSESSOR'S MAP BK 627 PG. 40 RIVERSIDE COUNTY, CALIF MB. 75196-97 Tract /U0. 4866 (CMB 819-I6) NOV 1974 nR 25-8-6 627- 25 TR A. /80/, 1806 Sheet , or 2 1829, 1831 POR. SW I14 SEC. 20, 775S, R. 6 E ' I 20 o a P.D. TRA 183/ h LOT A h ---E] TRA /63/! — TRA /829 -- � -- - - -- -EL�'ASEO—Ives-ro.s-r_e � T,4A /829 b ° b T R A /83/ o�'y —� TRA l80/ / /00' o I i I POP. LOT 2 '`j' V � 3 O ' 3 L � J O 111 O IJ• � F Q 0.1TE OGD N4. NEW No l �" ° .95 tAc O h /.38 AC.NI. ct, TRA /829 I s_/sa 2s2-z a-c / n/ p ,2 TRA 252 .9 jZ52-J _ -5 /- 2.3 .w '`/ A I /80/ tl O TRA /806 _� �9y Y///��` / 3/ -b Ac /.24 f Ac ,, I POR. LOT 2 V '$a 252_fi 1253J-3/ T /� y/ I q 1 'q a - - ''vim L26AC.NtIV o rFA /83/ -L TRA /829 e ° 26 260.33'.../ I LOT / AA /806 ZI 9 ' n'/ O � o I CM s' 9 f s°� .961Ac �I 3.37 AC.M. Y \Il Qj G 010 'o 4 Ay N— ♦ I ZI Z G-/ O 156. O/ — /0. l 420.02 po z. ^ .t/gq° vv•_'5,••_ L OT 8 �r�nes/ - a=' - -S-ff,� f 6t/ -- —r — -- - — — M-O-U-IV-T-�I-1-IV - -'. -- —D R-(-V E - ---- --- - — \ � TRA /80/ -- 2//50- 54 ' o Desert M.B. 99/48-49 Troct NO, 118 8CM29//30-/37) O 30 Do:a R/S 46/96 0.r4 N, 47110_4./11 ASSESSOR'S :VAP BK. 627 PG 25 RIVcR.S/DE 6OUP✓7"Y, C,4LIF U!) /967 627-30 62 7- J6 T• CA. 1801 25 POR. SW 114 SEC.20 T5-5 R6 E ' L 193•M2 84-64, 114495 SHADOW MOUNTAIN o DRIVE p cor A Way It 33 e A 7 A ^ . = 40 ti A ti 4' � ..I Yb.00 Y0•oo' . 6 © a 30 \ 0.04Ac 3 0 0.42Acs oo' ° o \ - (mac > 4i.00' 'y/. h L \ o\ ?e 1 19.50 /9.50 o b \ d \ m a 2@I N 0 p 0 zo.so' zo.se' u 5 5 c 2 O 4O \ Y p o;,. I(foo' 15.no' 1Soe• Y��oo• ,o, \ G � c 6.00 /•5.0o /S.oc m u \ r4493 Il A•2L' loo•eo' 14495 1 0'00 ee lae.26' r — m 30 04rE OLD&. NEWN L 73 1f7 Beg _ 12/n 6 10-11 . 12/76 11,2 12 l a M. B. 72170- 71 TRACT 4495 CA rA 1 AUG 1972 ASSESSORS MAP BK 627 PG 30 RIVERSIDE COUNTY, CALIF. SS 64?7-2p T.C.A. /BO/, 1822 1806,1860 POR. SE114 SEC. /9, 8 POR. SW 114. SEC. 20, T 5S., R. 6E. /. 1856 ve v 28 4 14 - SK / /9 /3 O 3 6 629 0' (0) , ro , 19 /3 �) /413 b B r l Pb + 3 ... 4 P � (D , ° / 20a O " 9 O P V 28 r , t 5 �• 4 ;�� v TRIO /p r r yy a , ® 283 ,o V 2/ « O (� /8 RQ o :`yB19 4 If H-3 O t ZY y0 � ,° O Oy s e' Je DArr OID Mr OVrrAh a, \ r Ai8 21150 54 Palm Desert , •!a- M.B. 21/8/ 84 Polm Desert unit no 3 - T M8110113-14 rroet ft 12050 f— ASSr8S0AS MAP 9X, 6�7 Arr ?9 3 R/VERsyor Cowr, CALIA" y Jw � � I ." . rr w�w�•.��•r••D t ws- Mil 0 .laud � « 'rr � r • s s � M M � t ♦ w « • • v r • w � t a At a Ar/A-N Af• A•o1 O ASSOM t'7 ••V Or to AT JO •nnt:tt mwlr, ut•, AM AW r '� l .'£ ,c � -.�.°�.-: d_ -.:�.,:o-:. r Y .... ,.:,. _., f .< . .... .,. ._,. ,. .._:.. t ..,•._ a`- ..-,+-t - t _3'-{i _ _€w.... S 1 ;F=• .._.« - -. _• -, aw::_ _ v.. ... - _ .: ;. ''-Y. _ '..b' S' .n. ..n ..:, -:.yf _;' y ,,..'_ .d9 �l•+� 2 "6. Rik„ TTT TENTATIVE TRACT MAP NO, 17147 BEING A PROPOSED SUBDIVISION FOR CONDOMINIUM PURPOSES OF LOTS 3AND4, BLOCK P , PALM DESERT TRACT, M. B. 21/52 S.B.B. & M. IN THE CITY OF PALM DESERT, RIVERSIDE COUNTY CALIFORNIA. SHADOW MOUNTAIN DRIVE ro �2 0 w /ro' C _ o, AGj I wc? ��gc � ' �,� ' EXIST. CURB & �1 0,0 �� °�� -- - GUTTER �i0o�0, EXIST. W.V. �ti EXIST. W.M. D EXIST. FH. I r c'' 200.00' s 1 \ _ 100.00 —p3� _ _ - - - t- -- -- — 0-10 _0 '- PREPARED FOR .,� A, X41 �pc y7 " 3"P o ; � �j ✓tea PREPARED. BY: --_-- o ,gyp NOE-JACK TWO �' 3 Tr« �� AlSURVEYING �s we/i sPrink�er s,a.k-r„ 1 CO., i NC. 73-707 HIGHWAY 111 �3. a I ; 33.5 �� 73-400 HIGHWAY 111 �7 PALM DESERT, CA.92260 { LOT 8 m L 7 \ PALM DESERT, CA.92260 (714) 346-1030 Z (714) 346-0335 LOT 4 ' � N LOT 6 ! �� let, — t - - ' _• " - - . Y ': ._-, it i � _ . A I _ u /� -"' .... --, -4-:a a .4':1 - x :• s+ _ V COM1-✓10 1 >° , , �O� ! ! P- R _ �.�. LOT e � 1 i �3 I -- wo: -i n - -3 a- _ F• �H�{�OW C//VTiq/JV V QQ ►\C�(1 , Ny ^O� •�Cl % J C S)'E5 •Q E t ST i I LOT 1 LOT 2 LOT 3 LOT 4 y e,i I I `� CITY OF PALM DESERT, - -�o� DEPARTMENT OF O� C5 ^`L # I.F E - ENVIRCI.� i�NTAL SERVICES ai x ' wood FE'•��e b APPROVED BY: �C.C. RES. NO. G�.....�, - r Z 'woos/ �e�cc 100.00,1 3i.5 J ❑ P.C. RES. NO. � 3i 5 .� 5 5' I . ER _ va, J ❑ D.R.B. ACTION FORM ____- 15'B.T & D. E. BY __._ -------------------------------- -� ._I�L. i_ �' f ; ("� DATE 1 CONSTRUCTION SHALL COMMENCE WITHIN ' ONE YEAR OF THIS APPROVAL '� — �xr;� SUMMARY EwlO+��,_ CIT`r' �°-' AL 1 E�ESERT 1. AREA c� �z Hc. I .►t' P l 2. NO. OF LOTS _ 10 .• KVICES 3. EXIST ZONE R 3 APPRIOVii LD'y: CITY OF I : 4. PROP ZONE 3 C� �.C.R'S. R;O. P.C. �5.N9.t2� PALM DESERT 5. EXIST LAND USE _ APARTMENTS � :•aFF LETTER DEPART�AEHT 6. PROP LAND JSE . CO" DOMINIUMS OF El D.€;.B. ACTION FOR ENVtRO!'d�.EEFlTAL 7. ELECTRIC . SO.CAL. EDISON BY SCALE IRIt?NMEN icES 8. WATER, C V C:W D. Da t T'- 20' EXHIBIT CONSTRUCT.ON SHALL COMMENCE WITHIN NO.----, 9. SEWER. C.V C.W-D. ONE YEAR OF THIS APPROVAL. CASE NO. f 7l 7 10. GAS. . SO CAL GAS 11. TELEPHONE GENERAL TEL. CO. SCHOOLS . ESt_RT SANDS UNIF SCHOOL DIST