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TT 16942 MAGNESIA FALLS DRIVE/CONDOS 1980
4'. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 February 15, 1984 Mr. Lowell Weeks General Manager/Chief Engineer COACHELLA VALLEY WATER DISTRICT P. 0. Box 1058 Coachella, CA 92236 SUBJECT: TRACT 16942-1 - IMPROVEMENT BONDS Dear Mr. Weeks : Enclosed are copies of the bonds and improvement agreement for Transcopic Development' s Tract 16942-1. As a matter of policy, we never release sub- division bonds without a release from your district. On this project, we shall place a special note on top of our file indicating that bonds are not to be released without a specific statement from the district: that the drop structure has been installed to your specifications. Please contact me if I may be of further assistance. Very truly yours, 6irxlellan, P. E. Director of Public Works BDM/ms Enclosures cc: Ray Diaz, Director of Environmental Services ENGINEERING SERVICE CORPORATION eSCO CONSULTANTS IN CIVIL ENGINEERING&LAND PLANNING June 3, 1983 4 Planning Department JP! > 1983 City of Palm Desert 45-275 Prickly Pear Lane ENVIRONMENTAL SERVICES Palm Desert, CA 92260 'CITY OF PALM DESERT ATTN: Mr. Ray Diaz, Planning Director SUBJECT: Time Extension of Tentative Tract No. 16942 Our W.O. 2101-2 Gentlemen: We respectfully request that the City Council grant a time extension of the approval of Tentative Tract No. 16942 for one year or whatever time period is allowed under the City's Municipal Code. The map is scheduled to expire on June 4, 1983 and the granting of this request will extend the expiration date to June 4, 1984. Thank you for your kind attention to this request. Sincerely , Allan Levin, P.E. Manager /pr cc: Mr. Bill Lo, c/o Transcopic Development Corporation Mr. Jack Dahlstrum, Transcopic Development Corporation 71-537 HIGHWAY 111 RANCHO MIRAGE, CALIFORINA 92270 • TELEPHONE 714/568-5997 Our New Area Code ie 619 MINUTES JOyURNED -CITTYJ COUNCIII L�)ETTING IX. PUBLIC HEARINGS (Continued) C. CASE NO. TT 14805 , KAUL CONSTRUCTION COMPANY (Continued) Mayor Wilson invited input from the applicant. Mr. Jim Kaul, applicant , addressed Council and stated his concurrence with the Staff report. Mayor Wilson invited input in FAVOR of the request, and none was offered. He invited input in OPPOSITION to the request , and none was offered. He declared the Public Hearing closed. Councilman Snyder moved and Councilman Newbrander seconded to waive further reading and adopt Resolution No. 80=139. Motion carried unanimously with the members present ; Councilman McPherson was absent from the meeting and Councilman Puluqi had excused himself from the meeting at this time. For the record, Councilman Puluqi returned to the meeting at this time. D. CASE NO. TT 16942 , TRANSCOPIC DEVELOPMENT CORP. , APPLICANT : CONSIDERATI N OF A REQUEST FOR APPROVAL OF A TWO LOT SUBDIVISION TO ALLOW CONSTRUCTION OF THIRTY-EIGHT (38) CONDO- MINIUM UNITS (LOT 1) AND APARTMENT UNITS OR CONDOMINIUMS (LOT 2) ON 13 .3 ACRES WITHIN THE PR-5 (PLANNED RESIDENTIAL , 5 D.U. /ACRE MAXIMUM DENSITY) ZONE LOCATED AT THE NORTHEAST CORNER OF MAGNESIA FALLS DRIVE AND PORTOLA AVENUE. Mayor Wilson declared the Public Hearing open and asked for Staff' s report which Mr. Diaz reviewed. Mr. Diaz pointed out that it was Staff ' s recommendation for approval of the request and noted that an additional Special Condition #9 should be added to the proposed resolution as follows : "Special Condition #9 : Mutual cross easements for vehicular and pedestrian access shall be recorded between Lots 1 & 2 to coincide with driveway, the centerline of which is the boundary between Lots 1 & 2 as shown in TT 16942 and Development Plan 08-79 amended." Mayor Wilson invited input from the applicant . Mr. Bill Lowe, 232 Serena Drive, Palm Desert , addressed Council stating his concurrence with Staff' s recommendations . Mayor Wilson invited input in FAVOR of the request , and none was offered. He invited input in OPPOSITION to the request , and none was offered. He declared the Public Hearing closed. Councilman Snyder moved and Councilman Puluqi seconded to waive further reading and adopt Resolution No. 80-140 with the addition of , Special Condition #9 as presented by Staff. Motion carried unanimously with the members present . E. CASE NO. TT 17104, LEWIS HOMES OF CALIFORNIA, APPLICANT: CON- SIDERATION OF A QUEST FOR APPROVAL OF A CONDITIONAL USE PER- MIT AND TENTATIVE TRACT MAP TO ALLOW THE SUBDIVISION OF 31 EXISTING DUPLEX LOTS INTO 62 SINGLE-FAMILY LOTS ON 9 . 8 ACRES WITHIN THE R-2 (5) , S .P. (SINGLE-FAMILY RESIDENTIAL, ONE UNIT PER 5, 000 SQ. FT. OF LOT AREA, SCENIC PRESERVATION OVERLAY) ZONE GENERALLY LOCATED AT THE NORTHWEST CORNER OF RUTLEDGE WAY AND PORTOLA AVENUE. Mayor Wilson declared the Public Hearing open and asked for Staff' s report. . Mr. Diaz reported that Council had been presented with a letter from Mr. William Sullivan, Project Manager for Lewis Homes , wherein_ he requested that the matter be referred to December 4, 1980 - Page 5 ar 45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 November 25, 1980 Title Insurance and Trust Mr. Larry Violassi 3490 Tenth Street P.O. Box 707 Riverside, CA 92502 Re: Tract 16942 Dear Mr. Violassi : Responding to your request of November 11, 1980, please be advised of the following: 1. The present zoning for the subject Tract is PR-5 (Planned Residential , 5 d.u./ac. maximum density) . 2. Ad;i.acent Zoning: North - Open Space South - Public and R-1 9,000 East - Open Space West - R.M. 3. The Tract is not within a geologic hazard special study zone. 4. Pursuant to Ordinance No. 221, regarding construction in flood zones, Tract 16942 is within Zone B. 5. Enclosed are copies of the City Council Minutes approving the Tentative Map, City Council Resolution and Conditions of Approval . S' ely, f RAM ON A. DI ZONING ADMINISTRAT R RAD/lcr � � , � o � � � y ;�� �.- ? 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TWO (2) LOT SUBDIVISION TO ALLOW CONSTRUCTION 'OF A COMBINATION OF CONDOMINIUMS AND APARTMENT UNITS ON 13.3 ACRES LOCATED AT THE NORTH- EAST CORNER OF MAGNESIA FALLS AND PORTOLA AVENUE. CASE NO. TT 16942 NOTICE IS HEREBY GIVEN that a Public Hearing will be held before the Palm Desert City Council to consider a request by TRANSCOPIC DEVELOP MENT CORPORATION for approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1 ) and apart- ment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3 acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls and Portola Avenue, more particularly described as: APN 621-400-022 a` mem ens nvEn >oa rvE .E.1 ovrvE - _r w� 16942` i MAGNESIA FALLS DRIVE fAMMUNITY e `°s r �t �o 7 �.f 11111T , ITA aou ve+� o.^vc W SAID Public Hearing will be held on December 4, 1980, at 7:00 p.m. in the Council Chambers in the Palm Desert Ci-ty_ Hall , 45-275 Prickly Pear Lane, Palm Desert, California, at which time and place all interested persons are invited to attend and be heard. SHEILA D, GILLZG4N, City Clerk City of Pali Desert, California PUBLISH: Palm Desert Post November 20, 1980 T' Caasm piaLr pan uxE.pu.onrar,GuroNxu nsio -/�`� a✓Cl��:).. _.. `pp�t:;'fFD!:N F.7B:Yn __ • `f ,—_ V . . �l it __._. _ .. — � �?{'GGtl( ✓.— L_c OCCUPANT fffIU±IOl� 74450 San Olina Dr �r _ 12 Palm Dese t, Ca 92260 ------ ---- �tt 4e-eIa pKRLY p'M L.tN[,p{a10E2�GYIeNNa tffEO r TLLLIIpNe 11111 Nhegl E1VAy - ro Ro }}], SUN RING HO a� 11661 San Vincen ASSN Los Angeles. CA a. . C ._.., —..+ w..r_.:.a:.urr:....-:..:.+,:rz.'.:i,...+r...L,.Y:ri,.y..«yo.K'.n-.i'.ti...+lN!�+/xta..irt'�.:.'.=.CMxta...R..e-R.!..e.ry:,a:•cw...6w...-w+,rvh«»,.-.�+..._.+-w-.w_. ai4t f'• ! I l 'r 1 d i 3a f �Wm S db� � W yea 5 O ` I ry F qF O j F `C b {�Y 1 Nm C rt�C mF•u I/ m 1 m `•�.. .O N�. - Y 1 � nw �A r, Y D A Al Po• .. �}. �;� ., 4}il4 rmair rcM uhe,nWM,,,"UFo A,ZM C� UUPx 014)34 _ .11 RRO 69 F _ 94'l_926N3 11/7.9/80 .1 RETURN TU NOT DELIVF_R"LE AS AODh'ES•^+AND E c• '- tikD UNABLE '1'U FORWARD BROWN, OLIVER F., etal ` PO BOX 1064 Apple Valley, CA 92307 p6-tiI TITLE INSURANCE AND TRUST November 11 , 1980 t 13 1g80 itOo Palm Desert P. . Box 1648 gtsvlroot�pF. ��s 1�1J 45-275 Prickly Pear Lane c1tv, - Palm Desert, California Attn: Planning Department Re: Tract 16942 Gentlemen: We hereby request that you furnish this office with the following: 1. Zoning letter for subject property as well as the type of zone affecting the adjacent perimeter property; 2. Negative Declaration. If a Notice of Determination has been issued, a copy of the actual Negative Declaration; 3. Letter stating wehther or not the above mentioned property or any portion thereof is within a geologic hazards special studies zone; and 4. Copy of the minutes approving the tentative tract map and conditions of approval . Yours very truly Larr W. Violassi Subdivision Title Officer LWV/lr Title Insurance and Trust Company 3490 Tenth Street P.0. Box 707 Riverside,California 92502 714 686 4180 ATICOR COMPANY !lll3�S! ENGINEERING SERVICE CORPORATION eggs CONSULTANTS IN CIVIL ENGINEERING&LAND PLANNING November 6, 1981 (�n , City of Palm Desert NOV 12 1981 Planning Department 45-275 Prickly Pear Lane YNVIR MENTA SERVICES Palm Desert, Ca. 92260 CITy Attn: Mr. Ray Diaz, Planning Director Subject: Request for Time Extension of Tentative Tract No. 16942 Gentlemen: On behalf of our client, Transcopic Development Company, we respectfully request that the present expiration date for Tentative Tract No. 16942 be extended for one (1) calendar year. Our purpose in requesting this action is to allow our client as much lead time as possible in his planning in the event there is a delay in pro- posed future action to amend the General Plan respecting the number of rental units to be constructed. Thank you for your kind attention to this request. Very truly yours, ENGINEERING SERVICE CORPORATION Fred J. Lee FJL/1 o� - 215 FA 71-537 HIGHWAY 111 RANCHO MIRAGE, CALIFORINA 92270 TELEPHONE 714/568-5997 N� — Fr RESOLUTION NO.81-114 r A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL SUBDIVISION MAP OF TRACT 16942-1 , APPROVING THE AGREEMENT RELATING THERETO. n BE IT HEREBY RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1 . The Final Subdivision Map of Tract 16942-1 , City of Palm Desert, I California, is hereby approved as the official subdivision map of said tract, subject to the conditions of the Tentative Map. 2. The Mayor and City Clerk are authorized to execute on behalf of the City a Standard Subdivision Agreement guaranteeing completion of the public improvements required by law. 3. The City Engineer is authorized to receive the improvement security as required by law on behalf of the City, subject to the approval of the City Attorney as to form. 4. The City Engineer is directed to process the Final Map for recording upon receipt of the required improvement security and the payment of all fees. PASSED, APPROVED, and ADOPTED on this 13th day of August > 1981 , by the following vote, to wit: AYES: Newbrander, Puluqi , Snyder, & Wilson NOES: None i ABSENT: McPherson ABSTAIN: None ROY WTLSON, MAYOR ATTEST: SHEILA R. GILLIGAN, CITY CLERK/ CITY OF PALM DESERT, CALIFORNIA 4�� 1 4{ `'l INTEROFFICE MEMORANDUM City of Palm Desert TO: DAVE ERWIN FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES SUBJECT: CC&R'S FOR TRACT 16942 DATE: June 5,' 1981 Please review the attached CC&R's for Wedgewood Glen, which is located at the northeast corner of Portola Avenue and Magnesia Falls Drive. Please let us know if you see any problems. Thank you. Mai JUN - 81981 ENVIRONMLNTAL SERVICES CITY OF PALM DESERT t ._ a� r✓ i G R EE N BE RG & G LU SK E R CI •TWENTIETH FLOOR 1900 BUILDING • CENTURY CITY 1900 AVENUE OF THE STARS LOS A GELES, CALIFORNIA 9006J TELEPHONE: (213) 353-9610 old z, DATE: May 28, 1981 (� TO: $.1 9` S Q/y(. 7/L'� VJ/V E VI ON"E"IIAL sEF Y OF PALM UESERrES FROM: Lois Mahoney SUBJECT: Wedgewood Glen ENCLOSED PLEASE FIND Copy of CC&Rs for the City of Palm Desert ❑ FOR YOUR FILES ❑ FOR YOUR INFORMATION ® IN ACCORDANCE WITH YOUR REaUEST ❑ PLEASE COMMENT ❑ PLEASE SIGN AND RETURN ❑ PLEASE TELEPHONE ME ❑ PLEASE ADVISE ME HOW TO REPLY ❑ PLEASE HANDLE Recording Requested . and When Recorded Mail to: WILLIAM A. HALAMA, ESQ. Greenberg & Glusker 1900 Avenue of the Stars Suite 2000 Los Angeles, Ca. 90067 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEDGEWOOD GLEN Tract No. 16942 1 LM3B 1. RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: WILLIAM A. HALAMA, ESQ. Greenberg & Glusker 1900 Avenue of the Stars Suite 2000 Los Angeles, California 90067 Declaration of Covenants Conditions and Restrictions WEDGEWOOD GLEN TABLE OF CONTENTS Article Page Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 1 Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.2 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.3 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.4 Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.5 Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 6 Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 7 Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.8 Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.9 Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 10 Articles; By-Laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 11 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 12 Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 13 Condominium Management Documents . . . . . . . . . . . . . . 3 II . Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 . 1 Residential Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .2 Alterations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .3 Commercial Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2.4 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .5 Lawful Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 6 Temporary Structures. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 7 Recreational Vehicles . . . . . . . . . . . . . . . . . . . . . . . . 4 2 .8 Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 9 Oil Drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 10 Trash Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 11 Television and Radio Antennae . . . . . . . . . . . . . . . . . 5 i . LM3C Article Page 2 . 12 Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 . 13 Water Furniture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 . 14 Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III . Management by the Association . . . . . . . . . . . . . . . . . . . . . . 5 3 . 1 Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 .2 Membership . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 .3 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 . 4 Duties of the Association . . . . . . . . . . . . . . . . . . . . . 7 3 .5 Powers and Authority of the Association . . . . . . . 7 3 . 6 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 3 . 7 Exterior Maintenance of Buildings and Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 IV. Maintenance Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4. 1 Covenant to Pay Assessments . . . . . . . . . . . . . . . . . . . 10 4.2 Basis of Regular Assessments . . . . . . . . . . . . . . . . . . 11 4. 3 Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4.4 Rate of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 4.5 Date of Commencement of Regular Assessment . . . . 12 4. 6 Certificate of Payment 12 4. 7 Budgets and Financial Statements . . . . . . . . . . . . . . 12 V. Enforcement of Assessments . . . . . . . . . . . . . . . . . . . . . . . . . 13 5. 1 Delinquency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5.2 Assessment Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 . 3 Foreclosure of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 . 4 Legal Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 VI . Property Rights and Easements . . . . . . . . . . . . . . . . . . . . . . 14 6. 1 Severance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6.2 Rights in Common Area . . . . . . . . . . . . . . . . . . . . . . . . . 14 6.3 Use by Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 6. 4 Waiver of Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6.5 Additional Provisions Relating to Common Area . 15 6. 6 Utility and Emergency Easements . . . . . . . . . . . . . . . 15 6.7 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 6.8 Patios and Balconies . . . . . . . . . . . . . . . . . . . . . . . . . 16 6.9 Partition and Sale of the Project . . . . . . . . . . . . . 16 VII . Damage or Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7. 1 Insurance Proceeds Sufficient . . . . . . . . . . . . . . . . . 17 7.2 Insurance Proceeds Insufficient . . . . . . . . . . . . . . . 17 7 . 3 Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7. 4 Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7.5 Failure to Rebuild . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7. 6 Interior Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 7. 7 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 ii . LM3C Article Page VIII .Rights of Lenders . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 8. 1 Written Notification to First Lenders . . . . . . . . . 18 8.2 Exemption from Right of First Refusal . . . . . . . . . 19 8.3 Liability for Unpaid Assessments . . . . . . . . . . . . . . 19 8. 4 Prior Approval of First Lenders . . . . . . . . . . . . . . . 19 8.5 Miscellaneous Provisions for Protection of Lenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8. 6 Violation of Covenants . . . . . . . . . . . . . . . . . . . . . . . . 20 8. 7 Conflict; Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 IX. Default and Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9 . 1 Compliance and Default . . . . . . . . . . . . . . . . . . . . . . . . 20 9 .2 Notice and Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 . 3 Remedies of the Association . . . . . . . . . . . . . . . . . . . 21 9 . 4 Equitable Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 . 5 Lawsuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9 . 6 No Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 X. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10. 1 Binding Effect; Term . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10.2 Nuisance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10.3 Violation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10.4 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10.5 Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10. 6 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10. 7 Notices . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10.8 Cumulative Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10.9 Partial Invalidity . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 10. 10 Number; Gender . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Signature Page . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Notarial Acknowledgment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 LM3C Recording Requep`ed by and When Records Ma" to: William A. Halama, Esq. Greenberg & G us er 1900 Avenue of the Stars Suite 2000 Los Angeles, Ca. 90067 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEDGEWOOD GLEN WHEREAS, W.E. Development Company, a general part- nership ( "Declarant ) is the owner of certain real property in-the City of Palm Desert, County of Riverside, State of California (the Proms perty), more particularly described as . follows: Lot 1 of Tract No. 16942, as per map reco=ded in Book _, Pages and of Maps, in the office of the County . Recorder of said County; WHEREAS, Declarant desires and intends to subdivide and develop the Property subject to the covenants, conditions and restrictions set forth in this Declaration; NOW, THEREFORE, Declarant hereby declares that the Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions, all of which are in furtherance of a plan for the subdivision. and improvement of the Project and sale of Condominiums therein (as those terms are hereinafter defined) and are established for the purpose of enhancing and protecting the value, desirability and attractiveness of the Project. All of the covenants, conditions and restrictions herein set forth shall run with the Property and shall be binding on all parties having or. acquiring any right, title or interest in the Prom- erty or any part thereof and shall be for the benefit of each Owner of any portion of the Property, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of such Owners. The Property is intended to be made subject to each and all of the provi- sions of Sections 1350 through 1359 of the Civil Code of California. There has been recorded or will be recorded concurrently herewith a plan (the "Condominium Plan" ) as required by Civil Code §1351, and this Declaration is made in compliance with Civil Code §1355. LM3E 1, 050181 ARTICLE I Definitions In addition to the terms elsewhere defined herein, the following terms shall have the following meanings when- , ever used in this Declaration: 1. 1 Declarant. W.E. Development Company, a general partner- ship, its successors and assigns. 1.2 Owner. The record owner, or owners if more than one, of a Condominium, including the Declarant. The vendee or purchaser under an installment land contract shall be deemed to be an owner for the purposes of this definition. 1.3 Property. Lot 1 of said Tract No. 16942 . 1.4 Project. The surface of the land within the Property, the subsurface below it and the airspace above it, together with all structures, improvements and fixtures now or here- after constructed thereon. 1. 5 Condominium. A condominium as defined in Section 783 of the California Civil Code, being an estate in real prop- erty consisting of ( a) a separate fee interest in the space within a Unit, and (b) a fractional undivided 1/38th interest as a tenant in common in the Common Area. 1. 6 Unit. The elements of a Condominium which are not owned in common with the other Owners. The boundaries of the Units in the Project are as shown and defined on the Condominium Plan. 1. 7 Common Area. The entire Project, except those portions thereof shown and defined as Units on the Condominium Plan. Notwithstanding anything to the contrary in the Condominium Plan, the Common Area includes, any private streets and with respect to any building schematically or otherwise shown on the Condominium Plan, the following (to the extent that they exist in any building as originally or later erected) : bearing walls, columns, vertical supports, floors, roofs, foundations, beams, balcony railings, patio walls and fences, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, pipes, ducts, flues, central chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within a Unit. As more fully provided in the Condominium Plan and in Paragraphs 6.7 and 6. 8 hereof, ( and subject to the terms and conditions thereof) , the common area parking spaces, and the private patios, decks and balconies appurtenant to each of the Units are part of the Common Area. 1. 8 Association. Wedgewood Glen Homeowners Association, Inc. a California Nonprofit Mutual Benefit Corporation. 1. 9 Board. The Board of Directors of the Association. LM3D 2. 050181 1. 10 Articles; By-Laws. The Articles of Incorporation and By-Laws of the Association. 1 . 11 Declaration. This Declaration, as from time to time amended. 1. 12 Mortgage. A mortgage or deed of trust of record encumbering a Condominium. The beneficiary of such deed of trust or the mortgagee of such mortgage is herein called the "Lender. " 1. 13 Condominium Management Documents. This Declaration, the Articles, the By-Laws and the Association Rules adopted from time to time as provided in Paragraph 3 . 5 (f) . ARTICLE II Use Restrictions The use of the Project and each Condominium therein shall be restricted in accordance with the following provi- sions in addition to all other covenants, conditions and restrictions herein contained: 2 . 1 Residential Use. The Condominiums shall not be used except for residential purposes and for recreational and other purposes incidental to primary residential use. 2 .2 Alterations. No building, fence, wall or other struc- ture or improvement shall be constructed or maintained upon the Project, nor shall any exterior addition, change or alteration be made in, on or to the Project, or any part thereof, nor shall any one other than Declarant make any puncture or other penetration to or through any ceiling in any building located in the Project by any means (including but not limited to nails, staples, screens, or lamp or plant hangers) , without the prior written approval of the Board. 2 .3 Commercial Use. No part of the Project shall ever be used or caused, allowed or authorized to be used in any way, directly or indirectly, for any business, commercial, manu- facturing, mercantile, storage, vending or other such non- resident purpose, except that Declarant may operate a sales, rental and service facility or facilities at a location or locations designated by Declarant in the Project for the purpose of providing sales, rental or other services with respect to Condominiums during the period of Declarant' s sales program; provided that, in exercising such right, Declarant does not unreasonably interfere with the use of the Common Area by any Owner. The foregoing restriction shall not affect the right of any Owner to rent or lease his Condominium. 2 . 4 Signs. No sign or billboard of any kind shall be displayed to the public view on any portion of the Project except as herein provided. The Board shall, by way of the Association Rules, adopt approved forms, specifying reason- able dimensions, of "for sale" and "for rent" signs and LM3D 3 . 050181 shall also designate a central location in the Common Area for posting such signs. Each Owner shall have the right to post one approved "for sale" or "for rent" sign with respect to his Condominium in the designated location. The foregoing restriction shall not apply to signs used by Declarant to advertise the Project during the sales period provided that, in exercising such right, Declarant does not unreasonably interfere with the use of the Common Area. by any Owner. 2 . 5 Lawful Use. No noxious, unreasonably offensive or unlawful activity shall be carried on, in or upon any Condo- minium or any part of the Project, nor shall anything be done thereon which may be, or may become, an unreasonable annoyance or nuisance to the neighborhood, or which shall in any way unreasonably interfere with the quiet enjoyment of each of the Owners of his respective Condominium, or which shall in any way increase the rate of insurance on the Project or any part thereof. 2. 6 Temporary Structures . No structure of a temporary character, trailer, tent, shack, garage or other outbuilding shall be used on the Project at any time as a residence, either temporarily or permanently, except as used by Declar- ant in connection with its sales program on the Project. 2 . 7 Recreational Vehicles. No trailer, camper, recreational vehicle, boat or similar equipment shall be permitted within the Project without the prior written consent of the Board, or except as used by Declarant in connection with its sales program on,the Project. 2 . 8 Animals. One domesticated dog (weighing less than 35 pounds) , cat or other commonly accepted household pet, caged birds, and fish in a household aquarium may be kept and maintained in a Unit, provided such pets are kept for non- commercial purposes, and further provided such pets shall not in the opinion of the Board create an unreasonable annoyance or nuisance to other Owners. Such pets shall not be permitted in the Common Area except in accordance with the Association Rules. No other animals shall be kept, maintained or permitted on or in the Project without the written consent of the Board. 2 .9 Oil Drilling. No oil drilling, oil development opera- tions, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Project, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of the land within the Project or within five hundred (500) feet below such surface. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon or in the Project. 2 . 10 Trash Removal. All rubbish, trash and garbage shall be regularly removed from the Condominiums and shall not be allowed to accumulate thereon. All clotheslines, garbage cans and other containers, machinery and equipment shall be kept concealed from the view of neighboring Units, streets and the Common Area. LM3D 4. 050181 2 . 11 Television and Radio Antennae. No individual radio or television receiving or transmitting antennae or external apparatus shall be installed on or upon the exterior of any Unit or any portion of the Common Area, except that the Association shall maintain in effect either a central antenna system for television and radio (with appropriate external equipment) with connections provided to each Unit via under- ground or internal wall wiring, or alternatively a cable antenna system provided by a company or entity duly licensed to provide such service. 2 . 12 Storage. Patios, decks and balconies shall not be used for storage purposes, including but not limited to storage of parcels, boxes, crates, trash, bicycles, motorcycles or other items. The foregoing shall not restrict an Owner from keeping' a reasonable amount of outdoor furniture and related items in his patio or balcony. 2 . 13 Water Furniture. No waterbeds, water-filled or water- supported furniture of any kind shall be kept, maintained or permitted in any Unit or otherwise in the Project. Owner will be liable for any structural or water damage caused by the violation of this restriction. 2 . 14 Leases. With the exception of a Lender in possession of a Condominium following a default in a First Mortgage, a foreclosure proceeding or any deed or other arrangement in lieu of foreclosure, no Owner shall lease his Condominium . for transient or hotel purposes. No Owner may lease less than his entire Condominium. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of. this Declaration and the By-Laws and that any failure by the lessee to comply with the terms of such documents shall be a default under the lease. All leases shall be in writing. Except as provided in this Paragraph, no Owner shall be restricted in leasing his Condominium. For purposes of this Declaration, a "lease" shall be defined as any agreement for the leasing or rental of a Condominium. ARTICLE III Management by the Association 3 . 1 Organization. The Association is a nonprofit corpora- tion organized under the Nonprofit Mutual Benefit Corpora- tions Law of the State of California and is 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. In the event of any such inconsistency, the provisions of this Declaration shall prevail . The Board and such officers as the Board may elect or appoint shall conduct the affairs of the Association in accordance with this Declaration, the Articles and the By- Laws as from time to time amended. 3 .2 Membership. Each Owner shall be a member of the Asso- ciation and shall have the rights, duties and obligations set LM3D 5. 050181 forth in this Declaration, the Articles, the By-Laws and the Association Rules as the same may from time to time be amended. If a Condominium is owned by more than one person, each such person shall be a member of the Association. The membership of each Owner in the Association shall be appurtenant to the Condominium giving rise to such membership and shall not be assigned, transferred, pledged, conveyed or alienated in any .way except upon the transfer of title to such Condominium, and then only to the transferee of title thereto. Any transfer of title to a Condominium shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 3 . 3 Voting. (a) The Association shall have two (2) classes of voting members as follows: (1) Class A members shall be all members with the exception of Declarant. Class A members shall be entitled to one (1) vote for each Condominium owned by such member. If a Condominium is owned by more than one person, each such person shall be a member of the Association; however, there shall be only one ( 1) vote for that Condo- minium. (2 ) Class B members shall be Declarant. Declarant shall be entitled to three (3 ) votes for each Condominium owned; provided that the Class B membership shall be converted into Class A membership and shall forever cease to exist on the earlier to occur of the following events: (A) The total outstanding votes held by Class A members equals the total outstanding votes held by Class B members; (B) The second anniversary of the original issuance by the California Department of Real Estate of the Final Subdivision Public Report for the Project. (b) Any Owner may attend and vote at any meeting of the Association in person or by agent duly appointed by an instrument in writing signed by the Owner and filed with the Board. Any such appointment may be revoked at any time by written notice of the Owner. If there is more than one record Owner, any or all of such Owners may attend any meet- ing of the Association, but it shall be necessary for those Owners present, and any duly appointed agents of Owners not present, to act unanimously in order to cast the vote to which they are entitled. In the event that joint Owners are unable to agree among themselves as to how the vote or votes shall be cast, they shall lose their right to vote on the matter in question. If any Owner( s) cast( s) a vote repre- senting a certain condominium, it will thereafter be conclu- sively presumed that he or they were acting with the author- ity and consent of all other Owners of the same Condominium. LM3D 6. 050181 3 . 4 Duties of the Association. The Association, acting through the Board, shall have the obligation to perform each of the following duties: ( a) Subject to the provisions of Paragraph 3 . 7, to maintain and otherwise manage all of the Common Area and all facilities, improvements and landscaping thereon, and all property that may be acquired by the Association. (b) To maintain and repair the private streets and all facilities located thereon, including fire hydrants, street trees, curbs, traffic safety lighting, in accordance with all requirements of the City of Palm Desert or other applic- able codes or requirements. The Association shall maintain all portions of all private streets free and clear of obstructions and in a safe condition for vehicular use at all times. The Association shall comply with the posting of private street requirements of the City. The City of Palm Desert shall have the right, at all times, to inspect the private streets and facilities located thereon, to insure that the Association complies with the requirements of this Subparagraph (b) . If the Association fails to maintain the private streets and facilities located thereon in accordance with this Subparagraph (b) , the City of Palm Desert shall have the right, upon sixty (60) days' written notice to the Association, to enter into the Project and perform such main- tenance, and the reasonable cost thereof shall be payable by the Association to the City. (c) To pay utility charges (including sewer service) with respect to the Common Area and (if not separately metered or charged) the Units. (d) To obtain and maintain in force the policies of insurance specified in Paragraph 3 . 6. (e) To pay taxes and assessments which are or could become a lien on the Common Area, or any portion thereof. (f) To perform such other acts, whether or not expressly authorized by this Declaration, as may be reason- ably necessary to enforce any of the provisions of the Con- dominium Management Documents. 3 . 5 Powers and Authority of the Association. The Associa- tion shall have all of the powers of a corporation organized under the Nonprofit Mutual Benefit Corporation Law of the State of California, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Condominium Management Documents. The Association, act- ing through the Board, shall have the power to do any and all lawful things which may be authorized, required or per- mitted to be done by the Association under the Condominium Management Documents and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation the power and authority: LM3D 7. 050181 (a) To levy assessments on the Owners and to enforce payment of such assessments, all in accordance with the pro- visions of Articles IV and V. (b) To enter into or upon any Unit or the Common Area for the purpose of performing the duties of the Association, enforcing any of the provisions of the Condominium Management Documents or maintaining or repairing any area required to be maintained by an Owner if for any reason such Owner fails to maintain or repair such area. Any such entrance into a Unit shall be after twenty-four (24) hours' prior written notice to the Owner, or such greater notice as may be re- quired by any provision hereof; provided, however, that such entrance shall be permitted without any prior notice in the event of an emergency. (c) To commence and maintain actions and suits ( in the name of the Association or in the name of any Owner or Owners who consent thereto) to restrain and enjoin any breach or threatened breach of this Declaration, the By-Laws or any other instrument relating to the management and control of the Project and to enforce, by mandatory injunction or other- wise, all of the provisions of this Declaration, the By-Laws or any such other instrument. (d) To grant and convey to any third party easements and rights-of-way in, on, over or under the Common Area for the purpose of sharing the use, benefits and costs of the Common Area and for the purpose of constructing, erecting, operating or maintaining thereon, therein or thereunder over- head or underground lines, cables, wires, conduits or other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling sys- tems, water, heating and gas lines or pipes and any similar public or quasi-public improvements or facilities. (e) To contract for materials and/or services for the Common Area or the Association, subject only to the express limitations set forth in the By-Laws. ( f) By a majority vote of the Board, to adopt, amend, enforce and repeal such rules and regulations as the Board shall determine to be necessary or proper for the operation of the Project (the "Association Rules" ) . The Association Rules shall govern the use of the Common Area by any Owner, by the family of such Owner or by any invitee, licensee or lessee of such Owner; provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or the By- Laws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in this Declaration. LM3D 8. 050181 3 . 6 Insurance. (a) The Association shall obtain and maintain in force comprehensive public liability insurance insuring the Asso- ciation, any manager, the Declarant and the Owners, and the agents and employees of each, against any liability incident to the ownership or use of the Common Area and including, if obtainable, a cross-liability endorsement insuring each in- sured against liability to each other insured. The limits of such insurance shall not be less than $1, 000, 000 for death of or injury to any one person and $3,000, 000 for death of or injury to more than one person in any one occurrence, and $100, 000 for property damage in any one occurrence. (b) The Association shall also obtain and maintain in force a master or blanket policy of fire insurance for the full insurable value of all of the improvements within the Project. Such policy and any endorsements thereon shall be in the form and content, for such term and in such company as may be satisfactory to any first Lender. If more than one Lender has a loan of record against the Project or any part thereof, such policy and endorsements shall meet the maximum standard of the various Lenders represented in the Project. Such policy shall contain extended coverage and replacement cost endorsements, if available, and may also contain vandalism and malicious mischief coverage, special form endorsement, stipulated amount clause and a determin- able cash adjustment clause, or a similar clause to permit cash settlement covering full value of the improvements in the event of partial destruction and decision not to rebuild. Such policy shall be in such amounts as shall be determined from time to time by the Board, shall name as insured the Association, the Owners and Declarant, so long as Declarant is the Owner of any of the Condominiums, and all Lenders as their respective interests shall appear and shall contain a loss payable endorsement in favor of the Board. (c) All insurance proceeds payable under Paragraph 3 . 6(b) , and subject to the rights of the Lenders under Para- graph 3 . 6(f) , shall be paid to the Board to be held and ex- pended for the benefit of the Owners, Lenders and others as their respective interests shall appear. In the event repair or reconstruction is authorized, the Board shall have the duty to contract for such work as provided for herein. (d) The Board may purchase and maintain in force de- molition insurance in adequate amounts to cover demolition in the event of total or partial destruction and decision not to rebuild. The Board shall also purchase and maintain worker' s compensation insurance, to the extent that the same shall be required by law, for all employees of the Project. The Board may also purchase and maintain fidelity bonds, insurance on commonly-owned personal property, directors' liability insurance (errors and omissions) and such other insurance as it deems necessary. (e) An Owner may carry such personal liability and property damage insurance respecting his Unit and the con- tents thereof as he may desire. LM3D 9. 050181 ( f) With respect to insurance coverage under Paragraph 3 . 6(b) , any Lender shall have the option to apply insurance proceeds payable to him in reduction of the obligation se- cured by his Mortgage. 3 . 7 Exterior Maintenance of Buildings and Common Area. (a) The Association shall provide exterior maintenance of each building within the Project which houses the Units, which maintenance shall include and be limited to painting, maintaining, repairing and replacing roofs, gutters, down- spouts and exterior building surfaces, when and if required by reason of normal wear and tear or deterioration; mainten- ance of landscaping within the Common Area, including trees, shrubs, grass, walkways and sprinkler systems; and mainten- ance of all recreational facilities and related improvements included in the Common Area. The Association shall also maintain all hallways, corridors, entryways, stairways, ele- vators and other common interior areas of such buildings. (b) Each Owner shall be responsible for the maintenance and repair of the interior of his Unit; all glass surfaces included in, attached or appurtenant to his Unit; all doors (except for the outside painting of exterior doors which shall be the responsibility of the Association) , doorknobs, locks, and unit security systems included in, attached or appurtenant to his Unit; the plumbing and electrical systems servicing his Unit and located from the angle stop to the plumbing fixture and from the breaker box to the electrical fixture or outlet, as the case may be, in his Unit; and all appliances and equipment located in his Unit. Each Owner shall also maintain his patio, deck or balcony ( as provided in Paragraph 6. 7) . (c) I£ an Owner shall fail to perform such maintenance or make such repairs or replacements as are his responsibil- ity, then, upon the vote of a majority of the members of the Board, after proper notice and the opportunity to be heard in the manner described in Paragraph 9 .2, the Association shall have the right (but not the obligation) to enter into such Owner' s Unit and provide such maintenance or make such repairs or replacements and add the cost thereof to the assessments chargeable to such Owner. ARTICLE IV Maintenance Assessments 4. 1 Covenant to Pay Assessments. Declarant covenants for each Condominium owned, and each Owner other than Declarant, by acceptance of a deed to a Condominium, shall be deemed to covenant to pay regular assessments and special assessments levied as hereinafter provided. The regular and special as- sessments, together with interest and costs of collection as hereinafter provided, shall be a charge on the real property and shall be a continuing lien upon the Condominium against which each such assessment is made. Each such assessment, together with such interest and costs, shall also be the LM3D 10. 050181 personal obligation of the person who was the Owner of such Condominium at the time such assessment became due and pay- able. 4.2 Basis of Regular Assessments. (a) At least sixty (60) days prior to the beginning of each fiscal year, the Board shall estimate the charges re- quired to be paid by the Association in performing its func- tions for the Project during such year, including reasonable reserves and less any surplus from the prior year' s fund (the "Estimated Cash Requirement" ) . All Owners shall be assessed during the last month of each fiscal year with 1/38th of the Estimated Cash Requirement for the following year. Except as herein otherwise provided, each Owner shall pay assessments levied pursuant to this Article to the Asso- ciation in equal monthly installments on the first day of each month commencing on the first day of the first calendar month following the assessment, commencing on the date set forth in Paragraph 4. 5 . (b) Any assessments levied and which become payable with respect to a Condominium prior to the initial sale thereof by Declarant shall be the obligation of Declarant as the Owner thereof. (c) All funds collected hereunder, together with special assessments or charges elsewhere provided for in this Declaration, shall be controlled by the Declarant prior to the organizational meeting of the Association and there- after by the Board. (d) The Board may not impose a regular assessment which is more than twenty percent (20%) greater than the regular assessment for the immediately preceding fiscal year without the vote or written assent of (a) a majority of each class of the Association, so long as there are two classes of vot- ing membership; and (b) thereafter, (i ) a majority of the total voting power of the Association, and (ii ) a majority of the votes of the Association residing in Owners other than Declarant. 4..3 Special Assessments. In addition to the regular assess- ments authorized above, the Board may levy in any fiscal year special assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruc- tion or unexpected repair or replacement of a capital im- provement upon the Common Area, including the necessary fix- tures and personal property related thereto, or for any other action or undertaking on behalf of the Association for which the regular assessments are inadequate; provided, however, that no such special assessment which in the aggregate ex- ceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year may be levied without the vote or written assent of ( a) a majority of each class, so long as there are two classes of voting membership; and (b) thereafter, ( i ) a majority of the total voting power of the Association, and (ii) a majority of the votes of the Association residing in Owners other than Declarant. The foregoing provisions and limitations with respect to special LM3D 11. 050181 assessments shall not apply in any case where a special assessment against an Owner is a remedy utilized by the Board to reimburse the Association for costs incurred in bringing an Owner and his Condominium into compliance with provisions of this Declaration or the Association Rules or By-Laws. 4. 4 Rate of Assessments. Regular and special assessments shall be equally apportioned among the Owners, and each Owner shall be assessed with 1/38th the regular and special assess- ments, except as provided in Paragraphs 4. 3, 7 . 3 , and 9. 3 . 4. 5 Date of Commencement of Regular Assessments. The reg- ular assessments provided for herein shall commence as to all Condominiums on the first day of the month following the conveyance of the first Condominium to an Owner other than Declarant. 4. 6 Certificate of Payment. The Association shall, within ten ( 10) days after demand and upon payment of a reasonable fee not to exceed $25, furnish a certificate signed by an officer of the Association stating whether assessments on a Condominium have been paid. 4. 7 Budgets and Financial Statements. (a) Financial statements for the Association shall be regularly prepared, and copies shall be distributed to each member of the Association as follows: (1) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than sixty (60) days before the beginning of the fiscal year. (2) A balance sheet as of an accounting date which is the last day of the month closest in time to six (6) months from the date of closing of the first sale of a Condominium in the Pro- ject, and an operating statement for the period from the date of the first closing to the said accounting date, shall be distributed within sixty (60) days after the accounting date. This operating statement shall include a schedule of assessments received and receivable, identified by Condominium address and name of Owner assessed. (3 ) An annual report consisting of the following shall be distributed within one hundred twenty ( 120) days after the close of the fiscal year: A balance sheet as of the end of the fiscal year, an operating (income) statement for the fiscal year, a statement of changes in LM3D 12. 050181 financial position for the fiscal year and any information required to be re- corded under California Corporations Code Section 8322 . (b) The Board shall cause an external audit to be per- formed by an independent public accountant for fiscal year financial statements (other than budgets) for any fiscal year in which the gross income of the Association exceeds $75,000. If the fiscal year financial statement (other than the budgets) is not prepared by an independent public accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the statement was prepared without audit from the books and records of the Association. ARTICLE V Enforcement of Assessments 5 . 1 Delinquency. Any assessment provided for in this Declaration which is not paid when due shall be delinquent. With respect to each assessment not paid within fifteen (15) days after its due date, the Association may, at its elec- tion, require the Owner to pay a late payment charge in a sum to be determined by the Association, but not to exceed the greater of (a) six percent (6%) of the delinquent assessment or (b) Five Dollars ($5 . 00) . If any such assess- ment is not paid within thirty (30) days of the delinquency date, the assessment shall bear interest from the date due at the rate of twelve percent (12%) per annum. 5 .2 Assessment Lien. Any delinquent assessment or assess- ments, together with interest and late charges in accordance with Paragraph 5 . 1, shall be and become a lien upon the Con- dominium against which such delinquent assessment or assess- ments were levied upon the recording of a Notice of Assess- ment (including a statement of the amount of assessment and such other charges thereon as are authorized by this Declara- tion, a description of the Condominium against which the same has been assessed and the name of the record Owner thereof) in the Riverside County Recorder' s Office as provided in Section 1356 of the Civil Code of California. Such notice shall be signed by an authorized representative of the Board. A Notice of Assessment shall not be recorded until fifteen ( 15) days after the delivery to the delinquent Owner of a written notice of default and demand to cure such default and unless the delinquent Owner shall have not cured the default within such fifteen ( 15) day period. Each time a Notice of Assessment is recorded, there shall be added thereto a sum of Ten Dollars ($10. 00) as compensation for the trouble and expense of collection. Upon payment of the assessment or other satisfaction thereof, the Board shall cause to be recorded a further notice stating the satisfac- tion and release of the lien. 5 .3 Foreclosure of Lien. The Association or its agent may enforce any lien established pursuant to Paragraph 5 .2 by LM3D 13 . 050181 sale, such sale to be conducted in accordance with the provi- sions of Sections 2924, 2924b and 2924c of the Civil Code, applicable to the exercise of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. In the event the enforcement of such lien is by action in court, reasonable attorneys' fees shall be allowed to the extent permitted by law. In the event of enforcement in the manner provided by law for the exercise of powers of sale in mortgages and deeds of trust, the Association shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is con- ducted. If any such default is cured prior to sale or other enforcement of such lien, the Board shall cause to be re- corded a certificate setting forth the satisfaction and re- lease of such lien upon payment by the delinquent Owner of actual expenses incurred by the Association, including rea- sonable attorneys' fees. 5 . 4 Legal Action. In addition to the right of lien herein set forth, the Association may bring a suit at law against a delinquent Owner to enforce his assessment obligation. Any judgment rendered in such an action shall include a sum for reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Owner. ARTICLE VI Property Rights and Easements 6. 1 Severance. The undivided interests in the Common Area and the fee title to the respective Units conveyed therewith shall not be separate or separately conveyed, and no Owner shall voluntarily sever such component interests which com- prise his Condominium, except as provided in Paragraph 6 . 9 . Each such undivided interest in the Common Area shall be deemed to be conveyed or encumbered with its respective Unit, even though the instrument of conveyance or encumbrance may refer only to the fee title to the Unit. 6.2 Rights in Common Area. Every Owner, together with his family and other persons residing in his Unit, shall have a right and non-exclusive easement for ingress, egress, use and enjoyment in, to, over and through the Common Area, and an easement over the private streets for roadway purposes and access to all adjoining Units. Such easements shall be appurtenant to and shall pass with the title to each Condo- minium and shall be subject to the provisions of the Condo- minium Management Documents and matters of record. 6.3 Use by Declarant. Declarant, its sales agents and re- presentatives shall have a non-exclusive easement and right to use the Common Area and the facilities thereon for display and exhibit purposes in connection with the sale of Condomin- iums, which easement and right Declarant hereby reserves; provided, however, that such use shall not be for more than three (3 ) years after the conveyance of the first Condominium and that no such use by Declarant, its sales agents or repre- sentatives shall unreasonably restrict the Owners in their LM3D 14. 050181 use and enjoyment of the Common Area or recreational facil- ities thereon. 6. 4 Waiver of Use. No Owner may exempt himself from per- sonal liability for assessments duly levied by the Associa- tion or release the Condominium owned by him from the liens and charges hereof by waiver of the use and enjoyment of the Common Area and recreational facilities thereon or by aban- donment of his Condominium. 6. 5 Additional Provisions Relating to Common Area. ( a) If any portion of the Common Area encroaches upon a Unit, there shall be a valid easement for the encroachment and for the maintenance thereof so long as it exists. In the event a structure is partially or totally destroyed and then rebuilt, the Owners agree that minor encroachments on parts of the Common Area due to construction shall be per- mitted and that valid easements for such encroachments and the maintenance thereof shall exist. (b) The Common Area shall be subject to easements for minor encroachments thereon of a Unit and a non-exclusive easement for ingress, egress and support through the Common Area shall be appurtenant to each Condominium. (c) Each Condominium shall be conveyed to Owners other than Declarant and thereafter held by such Owners subject to any and all easements of record at the time of the initial conveyance of such Condominium to an Owner other than Declar- ant for the use and benefit of the several authorized public and/or other utilities including, but not limited to, ease- ments for cable television, sanitary sewer, water, gas, elec- trical and drainage facilities and no Owner shall damage or interfere with the installation and maintenance of such util- ities, in any manner change the direction or flow of drainage channels in any such easements or in any manner obstruct or retard the flow of water through drainage channels in any such easements. (d) Easements on, over and under the Project for the installation and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, and for drainage facilities, as shown on the recorded map of the Project, and as may be hereafter required or needed to service the Project, are hereby reserved by Declarant, together with the right to grant and transfer such easements. 6.6 Utility and Emergency Easements. The Association hereby grants to the City of Palm Desert and all other appropriate governmental or other entities or personnel, an easement over, under and across the private streets for the installa- tion, maintenance, service, repair, reconstruction and replacement of electric, telephone, television, water, gas, sanitary sewer lines and drainage facilities as shown on recorded tract maps of the Project, and an easement for ingress to . and egress from each Unit over and across the private streets for such purposes and for any other purpose within the jurisdiction of such entity. LM3D 15. 050181 6. 7 Parking. The following provisions shall govern parking in the Common Area: ( i ) All parking spaces in the Com- mon Area shall be used solely by Owners, mem- bers of their family, their guests or lessees of the Owner' s Unit. . (ii ) Each parking space shall be used only for the purpose of parking a pas- senger car, motorcycle or similar vehicle approved by the Board. 6. 8 Patios, Decks and Balconies. Each Condominium shall have appurtenant thereto a private patio, deck or balcony, as shown on the Condominium Plan. Such patios, decks or balconies shall be deemed to be a part of the Common Area. Each Condominium which has an appurtenant patio, deck or balcony is hereby granted an exclusive easement for the use and enjoyment of said patio, deck or balcony. Notwithstand- ing anything to the contrary contained herein, the respective Owners of each such Condominum shall at all times maintain said patio, deck or balcony at his or her expense. 6.9 Partition and Sale of the Project. An action may be brought by one or more Owners for partition of the Common Area by sale of the entire Project as if the Owners of all of the Condominiums in the Project were tenants in common in the entire Project in the same proportions as their inter- ests in the Common Area; provided, however, that a partition shall be made only upon a showing of one of the following: (a) The existence of one or more of the conditions set forth in Section 1354 of the California Civil Code; or (b) Two (2) years after damage or destruction to the Project renders a material part thereof unfit for its use, the Project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or (c) One-half (1/2) or more of the project has been destroyed or substantially damaged, and Owners holding in aggregate more than a fifty percent (50%) interest in the Common Area are opposed to repair or restoration of the Project; or (d) The Project has been in existence in excess of the number of years shown on the following table, is obsolete and uneconomic, and the percentage of Owners holding in aggregate a percentage interest in the Common Area as set forth in the following table are opposed to repair or res- toration of the Project. LM3D 16. 050181 Percentage of Interest in Common Areas Held by Age of Structure Owners 30 years 70 percent 40 years 60 percent . 50 years 50 percent 60 years 40 percent 70 years 30 percent For purposes of this Article, multiple Owners of a single Unit shall not be deemed possessed, in the aggregate, of any greater interest in the Common Area than that possessed by a single Owner. ARTICLE VII Damage or Destruction 7. 1 Insurance Proceeds Sufficient. In the event of damage to or partial destruction of the improvements in the Project, and if the available proceeds of the insurance carried pursu- ant to Paragraph 3 . 6 hereof are sufficient to cover not less than eighty-five percent (85%) of the cost of repair or reconstruction thereof, the damage or destroyed improvements shall be promptly repaired and rebuilt unless, within ninety (90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Owners repre- senting seventy-five percent (75%) of the total voting power of the Association determine that such repair and reconstruc- tion shall not take place. 7.2 Insurance Proceeds Insufficient. If the available pro- ceeds of such insurance are less than eighty-five percent (85%) of the cost of repair or reconstruction, such repair or reconstruction may nevertheless take place if, within ninety (90) days from the date of such damage or destruction, Owners representing a majority of the total voting power of the Association so elect at a duly constituted meeting of the Association. 7 . 3 Assessments. If the Owners determine to rebuild pursu- ant to either Paragraph 7. 1 or Paragraph 7 .2 above, each Owner shall be obligated to contribute such funds as may be necessary to pay his proportionate share of the cost of reconstruction over and above the insurance proceeds. The proportionate share of each Owner shall be levied upon the basis of the ratio of the square footage of the floor area of the unit to be assessed to the total square footage of all of the units to be assessed. In the event of the failure or refusal of any Owner to make his proportionate contribu- tion, the Board may levy a special assessment against such Owner and enforce such assessment as provided in Article V hereof. 7 . 4 Contractor. If the Owners determine to rebuild, the Board shall obtain bids from at least two (2) reputable con- tractors and award the reconstruction work to the lowest LM3D 17. 050181 bidder. The Board shall have the authority to enter into a written agreement with such contractor for such reconstruc- tion, the insurance proceeds to be disbursed by the Board pursuant to Paragraph 3 . 6. The Board shall take all neces- sary actions to assure the commencement of such reconstruc- tion within one hundred twenty ( 120) days after such destruc- tion and the diligent prosecution of such reconstruction to completion. 7 . 5 Failure to Rebuild. If rebuilding shall not be author- ized either pursuant to Paragraph 7. 1 or Paragraph 7 .2 above, any available insurance proceeds shall be distributed in equal shares among the Owners and their Lenders, as their interest may appear, in proportion to the fair market value of each Unit as compared to the total fair market value of all Units as determined by an independent appraisal of the Project made by a member of the American Institute of Real Estate Appraisers as of a date immediately prior to the destruction. If the affected Owners are unable to agree upon an appraiser to make such appraisal, then the appraiser shall be named by the Superior Court of the county in which the project is located. 7. 6 Interior Repairs. Any reconstruction undertaken pursu- ant to the foregoing provisions shall cover only the exterior and structural components of the damaged or destroyed Condo- miniums and such other damage to such Condominiums as may be covered by insurance maintained by the Association. If a destroyed Condominium is so rebuilt, the Owner of such Condo- minium shall be obligated to repair and rebuild the damaged portions of the interior of his Unit in a good and workman- like manner at such Owner' s expense. 7. 7 Arbitration. In the event of a dispute among the Owners with respect to the provisions of this Article, any Owner may cause such dispute to be referred to arbitration in accordance with the then prevailing rules of the American Arbitration Association. In the event of arbitration, notice thereof shall be given to the Board and all other Owners within ten ( 10) days after reference to arbitration,' and all Owners shall have an opportunity to appear in such arbitra- tion proceedings. The decision of the arbitrator shall be final and conclusive upon all Owners. The arbitrator may include in his decision an award of costs and/or attorneys' fees against any one or more parties to the arbitration. ARTICLE VIII Rights of Lenders 8. 1 Written Notification to First Lenders. The holder of a first Mortgage ( "First Lender" ) encumbering a Condominium shall be entitled, upon request made to the Board, to written notification from the Board of any default by the Owner in the performance of such Owner' s obligations under the Condo- minium Management Documents which is not cured within sixty ( 60) days. LM3D 18. 050181 8.2 Exemption from Right of First Refusal. Any "right of first refusal" which may hereafter be contained in the Condo- minium Management Documents shall not impair the rights of a First Lender to: (a) Foreclose or take title to a Condominium pursuant to the remedies provided in the Mortgage; or (b) Accept a deed (or assignment) in lieu of foreclo- sure in the event of default by a mortgagor or trustor; or (c) Interfere with a subsequent sale or lease of a Condominium so acquired by the Lender. 8. 3 Liability for Unpaid Assessments. Any First Lender who obtains title to a Condominium pursuant to the remedies pro- vided in the Mortgage or foreclosure of the Mortgage shall not be liable for unpaid assessments or charges against the Condominium which accrue prior to the acquisition of title to such Condominium by the Lender. Notwithstanding the foregoing, the transfer of title to a Condominium pursuant to the remedies provided in the Mortgage, or foreclosure of the Mortgage, shall not relieve the new Owner, whether any First Lender or another person, from liability for any assessment thereafter becoming due or from the lien thereof. 8. 4 Prior Approval of First Lenders. Unless at least two- thirds (2/3 ) of the First Lenders (based upon one vote for each Mortgage owned) or at least two-thirds (2/3 ) of the Owners except Declarant, have given their prior written approval, the Association shall not: (a) By act or omission, seek to abandon or terminate the Condominium regime; (b) Change the pro rata interest or obligations of any Condominium for purposes of (i) levying assessments or char- ges or allocating distributions of hazard insurance proceeds of condemnation awards, or (ii) determining the pro rata share of ownership of each Condominium in the Common Area; (c) Partition or subdivide any Condominium; (d) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Com- mon Area as part of the Project shall not be deemed a trans- fer within the meaning of this clause; (e) Use hazard insurance proceeds for losses to any Condominium (whether to Units or to the Common Area) for other than the repair, replacement or reconstruction of such improvements, except as provided by statute in case of sub- stantial loss to the Units and/or Common Area of the Project. 8. 5 Miscellaneous Provisions for Protection of Lenders. (a) First Lenders shall have the right to examine the books and records of the Association. LM3D 19 . 050181 (b) Assessments shall include an adequate reserve fund for maintenance, repairs and replacement of Common Area im- provements that must be replaced on a periodic basis and shall be payable as part of the regular assessments rather than by special assessments. (c) All taxes, assessments and charges which may become liens prior to any first Mortgage under local law shall relate only to the individual Condominiums and not to the Project as a whole. (d) No provision of the Condominium Management Docu- ments shall give an Owner or any other party priority over . any rights of First Lenders pursuant to their Mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of Units and/or Common Area. (e) Any agreement for professional management of the Project or any other contract providing for services by Declarant shall provide for termination by either party with- out cause or payment of a termination fee on ninety (90) days' or less written notice and a contract term of not in excess of three (3 ) years. (f) If requested by any First Lender, the Board shall give notice in writing to such First Lender of any loss to or taking of the Common Area if such loss or takinq exceeds $10, 000 or if damage to the Unit in which such First Lender holds a security interest exceeds $1, 000. 8. 6 Violation of Covenants. No breach of the covenants, conditions or restrictions herein contained, or the enforce- ment of any lien provisions herein, shall defeat or render invalid the lien of any Mortgage made in good faith and for value. All of such covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is derived through foreclosure, trustee' s sale or otherwise. 8. 7 Conflict; Amendment. If there is any conflict between any provision of this Article VIII and any other provision in this Declaration, the By-Laws or the Association Rules, the provisions of this Article VIII shall control. No amend- ment to this Article VIII shall affect the rights of a Lender whose Mortgage was recorded prior to the recording of the amendment, unless the Lender shall join in the execution of or consent in writing to the amendment. ARTICLE IX Default and Remedies 9. 1 Compliance and Default. Each Owner, by acceptance of a deed to a Condominium, shall be deemed to covenant and agree to comply strictly with all applicable terms and provisions of the Condominium Management Documents. If any Owner, mem- bers of his family, his guests or invitees or a tenant of LM3D 20. 050181 his Condominium fails to comply with any such terms and pro- visions of the Condominium Management Documents, the Associ- ation shall have the rights and remedies hereinafter pro- vided. 9.2 Notice and Hearing. ( a) No discipline shall be imposed upon an Owner pursu- ant to Paragraph 9 .3 until a hearing has been held by the Board. Written notice of the hearing shall be given mailed to the Owner not less than fifteen ( 15 ) days and not more than thirty (30) days prior to the date of such hearing by first class or registered mail at his last known address as shown in the Association' s records. The notice shall specify the grounds of complaint against the Owner and the time, date and place the hearing will be held. The notice shall further inform the Owner that he will have the right to be heard in his own defense and that after the hearing, the Board will determine whether any discipline should be imposed and, if so, the extent of the discipline. (b) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons ordinarily rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (c) The Owner shall have the right to testify in his own behalf, to call and examine witnesses, to introduce exhibits, to rebut the evidence against him, and to present such oral and written evidence and argument as he wishes. 9 . 3 Remedies of the Association. (a) If, after a hearing held in accordance with the provisions of Paragraph 9 .2, the Board finds that the Owner has failed to comply with the Condominium Management Docu- ments, the Board may, but need not, impose the following discipline: (1) For an Owner' s first infraction, the Board may suspend the Owner' s voting rights and rights to use recreational facilities for a period of not more than one month. (2 ) For each succeeding infraction, the Board may suspend the Owner' s voting rights and rights to use the recreational facilities for up to a total period of time equal to one month plus one month for each prior infraction that the Owner has committed. (3 ) The Board may, in addition to or in lieu of the suspensions provided for above, impose a special assess- ment and/or a fine for an Owner' s first or any subsequent violation of the Condominium Management Documents. The maxi- mum amount of fine that may be imposed shall be fixed from LM3D 21. 050181 time to time by the Board and included in the Association Rules. Such fine may vary depending on the number of prior infractions by an Owner and/or the severity of the infraction for which the fine is imposed. (b) The Board shall inform the Owner by written notice of its decision and the discipline imposed, if any, within ten ( 10) days after the date of the hearing. (c) Any action challenging an expulsion, suspension or termination of membership, including any claim alleging de- fective notice, must be commenced within one ( 1) year after the date of the expulsion, suspension or termination. In the event such an action is successful the court may order any relief, including reinstatement, it finds equitable under the circumstances, but no vote of the Owners or of the Direc- tors may set aside solely because a person was at the time of the vote wrongfully excluded by virtue of the challenging expulsion, suspension or termination, unless the court finds further that the wrongful expulsion, suspension or termina- tion was in bad faith and for the purpose, and with the effect, of wrongfully excluding the Owner from the vote or from the meeting at which the vote took place, so as to affect the outcome of the vote. 9 . 4 Equitable Relief. Every act or omission whereby any provision of the Condominium Management Documents is violated in whole or in part may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declar- ant, the Association or any Owner. 9 . 5 Lawsuits. The Association shall have the power and authority from time to time in its own name, on its own be- half or 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 Condominium Management Documents and to enforce, by mandatory injunction or otherwise, all of the provisions of the Condominium Man- agement Documents. 9. 6 No Waiver. The failure of the Board, the Association, Declarant or any Owner to enforce any right, provision, cov- enant or condition of the Condominium Management Documents shall not constitute a waiver of the right of such parties to enforce such right, provision, covenant or condition in the future. ARTICLE X General Provisions 10. 1 Binding Effect; Term. The covenants, conditions and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Asso- ciation or any Owner, their respective legal representatives, heirs, successors and assigns. Each and all of the cove- nants, conditions and restrictions of this Declaration shall LM3D 22 . 050181 continue in force for a period of forty (40) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatic- ally extended for successive periods of ten ( 10) years unless seventy-five percent (75%) of the Owners shall have executed and recorded, within six (6) months prior to the end of said forty (40) year period or any subsequent ten (10) year period, an instrument by which it is agreed that said cove- nants, conditions and restrictions shall terminate at the end of said forty (40) year period or said subsequent ten ( 10) year period, as the case may be. 10. 2 Nuisance. Every act or omission whereby any provision of the Declaration is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant, the Association or any Owner. . 10. 3 Violation of Law. Any violation of any state, muni- cipal, or local law, ordinance or regulation pertaining to the ownership, occupation or use of the Project or any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth herein. 10. 4 Amendments. Subject to the provisions of Paragraph 8 . 7 respecting rights of Lenders, this Declaration may be amended only by (a) the affirmative vote or written consent of seventy-five percent (75%) of each class of membership, so long as there are two classes of voting membership, and (b) thereafter, the affirmative vote or written assent of Owners representing both (i ) seventy-five percent (75%) of the total voting power of the Association and (ii) a major- ity of the voting power of the Association residing in Owners other than Declarant. 10. 5 Condemnation. If all or part of the Project is con- demned by any governmental body having the right of eminent domain, the condemnation award shall be distributed among the affected Owners and their respective lenders according to the relative values of the condominium units affected by the condemnation, as determined by independent appraisal, unless the judgment of condemnation shall, by its terms, otherwise apportion such compensation. 10. 6 Construction. The provisions of this Declaration shall be liberally construed to effectuate the purpose of creating a uniform plan for the development of a condominium residen- tial community and for the maintenance of common recreational facilities and a Common Area. The Article and Paragraph headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. LM3D 23 . 050181 10. 7 Notices. Any written notice or other document relating to or required by this Declaration may be delivered either personally or by mail. If delivered by mail, such notice or document shall be deemed to have been delivered and received twenty-four (24) hours after a copy thereof has been deposited in the United States mail, first class, postage prepaid, addressed as follows: (a) If to the Association, at Post Office Box 1016, Rancho Mirage, California 92270. (b) If to an Owner, to the address of any Condominium owned, in whole or in part, by him or to any other address last furnished by an Owner to the Association. (c) If to Declarant, at Post Office Box 1016, Rancho Mirage, California 92270. Any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the other parties. Each Owner shall file his or her correct mailing address with the Association and shall promptly notify the Association in writing of any subsequent change of address. 10. 8 Cumulative Remedies. Each remedy provided by this Declaration is cumulative and not exclusive. 10.9 Partial Invalidity. The invalidity or partial invalid- ity of any provision of this Declaration shall not affect the validity or enforceability of any other provision. 10. 10 Number; Gender. The singular shall include the plural and the plural the singular and the masculine, feminine and neuter shall be interchangeable, unless the context otherwise requires. IN WITNESS WHEREOF, Declarant has executed this Declaration this day of , 19_ W.E. DEVELOPMENT COMPANY, a general partnership By: William W. Lo, General Partner By: Carson Rigby, General Partner LM3D 24. 050181 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me the undersigned, a Notary Public in and for said State, personally appeared William W. Lo and Carson Rigby known to me to be the general partners of the general part- nership that executed the within instrument, and acknowledged to me that such general partnership executed the same. WITNESS my hand and official seal . Notary Public LM3D 25. Gfol�Zr off IFI „n„ IlDcp=®nv(�p 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 May 14, 1981 To: All interested Parties Subject: Street Names for TT 16942-1 The City of Palm Desert is currently considering the request for approval of street names for Tract 16942-1 . Please review the attached map and list of names proposed for the subdivision to - — determine whether they are acceptable or should be modified. All comments should be returned by May 29, 1981 to the Depart- ment of Environmental Services, P.O. Box 1977, Palm Desert, California 92261 . Very truly yours, 4.=11A. eir72rnental Director of Services RAD/pd/pa cc: Lt. Conroy, Riverside County Sheriff's Dept. Riverside County Road Dept. , Indio and Riverside Offices Postal Service, Palm Desert Branch Eric Vogt, Palm Desert Fire Marshal Barry McClellan, Director of Public Works James Hill , Director of Building and Safety Coachella Valley Water District Southern California Edison Southern California Gas General Telephone Chamber of Commerce File PROPOSED STREET NAMES 1 . Santiago Vina Del Mar Reneca 2. Temuco Santa Ines Los Lilenes 3. Villarica Las Salinas Rengo 4. Pucon Lebu Loconche 5. Osorno Lota Linares r A RIVERSIDE COUNTY FIRE DEPARTMENT 1" } v` tirr?3t "W COUNT}' .� '. IN COOPERATION WITH THE `"' CALIFORNIA DEPARTMENT OF FORESTRY � DAVID L. FLAKE COUNTY FIRE WARDEN 210 WEST SAN JACINTO STREET a PERRIS, CALIFORNIA 92370 May 1,9, 1981 TELEPHONE (714) 667-3183 e L4L Ray Diaz Director of Environmental Services ' City of Palm Desert ��q} 45-275 Prickly Pear Lane 'NVIRo 198 Palm Referencert'Stree92Names - TT 16942-1, C/ry F p LtMLp SeV��V Rl Dear Mr. Diaz: I have reviewed the above project 's street names and have objections , to Santa Ines and Lota only due to similarities with existing streets in the area. ' Please call me if you have any questions. Sincerely, DAV[D L.-FLAKE County Fire Warden Byty �! Eric L. Vogt Fire Marshal to n , lSG INTEROFFICE MEMORANDUM City of Palm Desert TO: DAVE ERWIN FROM: DEPARTMENT OF ENVIRONMENTAL SERVICES SUBJECT: CC&R'S FOR TRACT 16942 DATE: June 5,11981 Please review the attached CC&R's for Wedgewood Glen, which is located at the northeast corner of Portola Avenue and Magnesia Falls Drive. Please let us know if you see any problems. Thank you. 11 i I GREENBERG & GLUSKER LAWYERS ART.R N.GREENBERG F.PATRICIA MUOIE PHILIP GLUSKER JOEL D.RUBEN SIDNEV J.MACHTINGER CHARLES N.SHEPHARO - 1900 AVENUE OF THE STARS STEPHEN CLAMAN NINA A.MADDEN AVROM B.GREEN CHARLES LPRIDONOFF SUITE 2000 HARVEY R.FRIEDMAN CHRISTINA M.JACOBS LOS ANGELES,CALIFORNIA 90067 JON J.GALLO BETH BERKE PAULA J.PETERS GREGG HOMER ��{ ) MICHAEL K.COLLIN5 DAVID A.MILLER JOHN LCHILD LOUI5A L.NELSON B C.BRUCE LEVINE ROBERT J.NACHSHIN ARRT G.WEST MICHAEL WOOTEN � , TELEPHONE:12131553-3610 MICHAEL A.GREENE STEPHANIE C.SILVERS /�� 1, �y TELEX:194107 M CHAEL S.SHERMAN LYNDSEV A.POSNER 1\tVGJp ANDREW H.LEVY ROBERT B.COHEry Q � ),J CABLE ADDRESS: GREENLER LSA JOSEPH M.CAHN BEN COX GARRETT M GARRETT L.HANKEN STEPHEN J.JOPLIN NORMAN H.LEVINE JODY R.LESLIE WILLIDAME M .HORN T CAROLDENNI B.ELLMAN# O�NPA�. O C�yRS May 29, 1981 JAMESE.HORNSTEIN CAROLA.JOHNST R. V ll 11-p RUTH N.S.OHAPMAN EDSELL . EAOYAJR. R UTH N.HOLZ MAN #MEMBEP OF NY BKP ON Lv Mr. Stan Sawa Department of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, CA 92260 Re: Tract No. 16942; Wedgewood Glen Dear Mr. Sawa: On December 4, 1980, the Palm Desert City Council approved the above tract by adopting Resolution No. 80-140 subject to conditions. Among these standard conditions of approval , the City has requested that we submit the CC&Rs for review and final approval by the City Attorney prior to the issuance of any building permit. William Lo, the subdivider, will provide you with a copy of the CC&Rs. This condition also requires that prior to recordation of the final subdivision map, the management and maintenance agreement to be entered into with the owners of the units of the project be submitted to the City Engineer for approval . The selection of a management company by Mr. Lo will not be made until most of the improvements have been completed. In most instances, the management company uses its own form of management and maintenance agreement. You mentioned today that the City of Palm Desert is in the process of revising its standard conditions of appro- val, and that the requirement for the City Engineer 's approval of the management and maintenance agreement will most likely be eliminated. Therefore, this letter is to confirm our conversation today that Mr. Lo will not be required to obtain the City Engineer ' s approval of the management and maintenance agreement to be entered into with the owners of the units of the project prior to the recordation of the final subdivi- sion map. I� - GREENBERG & GLUSKE, Mr. Stan Sawa Department of Environmental Services May 29, 1981 Page Two If you have further questions, please call me. Very truly yours, Qld/ Lo Ma ney Legal Assista LM/kb cc: William W. Lo 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 June 1 , 1981 Transcopic Development Corporation P.O. Box 1016 Rancho Mirage, CA 92270 Re: TT 16942-1 To Whom It May Concern: The City of Palm Desert does hereby approve the attached street names for TT 16942-1 . Please provide said names .on the Final Map for recordation. Sin erely, RAM IV A. DIAZ Director of Environmental Services rad/pd/pa Attachment cc: Lt. Conroy, Riverside County Sheriff's Department Riverside County Road Dept. , Indio and Riverside Offices Postal Service, Palm Desert Branch Eric Vogt, Palm Desert Fire Marshal Clyde Beebe, Director of Public Works James Hill , Director of Building and Safety Coachella Valley County Water District Southern California Edison Company Southern California Gas Company General Telephone Company Chamber of Commerce File STREET NAMES TT 16942-1 1 . Reneca "VI 2. Temuco 3. Rengo �I 4. Pucon J 5. Osorno S ENGINEERING SERVICE CORPORATION CONSULTANTS IN CIVIL ENGINEERING-" AND PLANNING DESCRIPTION T(') /�c-r 16 942 -1 aT F��- �-: DATE�/�/g1 SHEET / STQEET NAME SELECTION MAP CHK'D W.O. OF / C �+ w ' Q s �-0 2 M W NtiEL Q i S i 2 Q 4 J O {— 3 O L I � -55 MAGNES / A A11L-S D,QlVE v O - LNDICATES P9FrE2RED NAME G2oUP 4676 ADMIRALTY WAY. SUITE 933 • MARINA DEL REY. CALIFORNIA 90291 • TELEPHONE 213/822-4040 GREENBERG & GLUSKER ARTHUR N.GREENBERG JAMES E.HORNSTEIN PHILIP GLUSKER ROBERT S.CHAP M AN LAWYERS SID HEY J. MACHTINGER RUTH N.HOLZMAN STEPHEN CIAMAN F. PATRICIA MUDIE AVROM B.GREEN JOEL D.RUBEN 1900 AVENUE OF THE STARS HARVEY R.FRIEDMAN CHARLES N.SHEPHARD WALTER S.WEISS NINA A.MADDEN SUITE 2000 JON J.GALLO CHARLES L.RRIOONOFF L05 ANGELES, CALIFORNIA 90067 PAULA J.PETERS DON M.DRYSDALE MICHAEL K.COLLINS CAROL A FRANCONE JOHN L.CHILD KURT E.MATTHEWS BARRY G.WEST CHRISTINA M.JACOBS C.BRUCE LEVINE BETH BERKE TELEPHONE (213) 553-3610 MICHAEL A.GREENE GREGG HOMER TELEX 19407 MICHAEL S.SHERMAN DAVID A.MILLE � �� ® ANDREW H. LEVY LOUISA L.NELSON JR(Y� JOSEPH M.CAHN MICHAEL WOOTEN CABLE ADDRE55: GREENLER LEA GARRETT L.HANKEN ROBERT J.NACHSHIN NORMAN H.LEVINE STEPHANIE C.SILVERS DEC 2 21980 WILLIAM A.HALAMA LYNDSEY A.POSNER December 18 , 1980 EiNVIRONMENTAL CITY OF PALM DESERT SERVICES Mr . Stan Sawa. Department of Environmental Services City of Palm Desert 45-275 Prickly Pear Lane Palm Desert; California 92260 Re : Tract 16942 , Wedgewood Glen Dear Mr . Sawa : In order to satisfy the Department of Real Estate ' s initial filing requirements , we would appreciate your furnish- ing us with the following: 1 . Zoning letter setting forth the zoning for the subject tract, the adjacent zoning, and a statement with reference to the geologic hazards special studies zone for the City of Palm Desert per our discussion today; and 2 . Copy of negative declaration as evidence of environ- mental impact evaluation by the City of Palm Desert. As I mentioned on the telephone today, we are very anxious to obtain these two items as soon as possible so that we can file this application with the DRE before December 30 . If you have any questions or comments , please call me . Thank you for your prompt attention to this matter . Very tr ly yours VL , ) Lois Ma oney Legal Assistant LM:lf cc : William W. Lo Mainiero, Smith and Associates,Inc. Civil d Environmental Engineering Professional Plaza•Suite 4 Qll T r rvl 2225 East Tahquitz-McCallum Way,Palm Springs,California 92262 3 Telephone (714) 327-8544 OCT 2J. 198p E,CITY'If'E,VT�,L Of ?qLM D SERTES October 24, 1980 Mr. Stan Sawa, Associate Planner City of Palm Desert 45-275 Prickly Pear Lane Palm Desert, California 92260 Re : IT 16942 Tentative Tract Map Transcopic Development Corporation Dear Mr. Sawa: We have reviewed the request for comments and conditions of approval for the above referenced pro- ject with regard to water service. On behalf of the Palm Desert Water and Services District we wish to make the following comments : 1 . The subject property is not currently within the boundaries of the Palm Desert Water and Services District. 2. The Developer should contact the Palm Desert Water and Services District for details regarding water service, if desired. If you have any questions in regard to the above, please do not hesitate to contact us . V?INIERuO., t l ours , ITH AND ASSOCIATES, INC . RJM/sb CC : P.D.W. & S.D. 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT Case No: TT 16942 Common Project Name (if any) Wedgewood Glen Applicant/Project Sponsor: Transcopic Development, P.O. Box 1016 Rancho Mirage, CA 92270 4 Project Description/Location: A two (2) lot subdivision to allow construction of a combination of condominium and apartment units on 13.3.acres at the,northeast corner of Magnesia Falls and Portola Ave. Reasons project will not have a significant adverse impact on the environment: Tract map will implement a previously approved Development Plan. The project represents an in-fill development at similar densities as the surrounding residential area. Mitigation measures applied to project: None required. INITIAL STUDY IS ATTACHED HERETO. ON A. DIAZ DATE RECTOR OF ENVIR MENTAL SERVICES /lr 4� RESOLUTION NO. 80-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP TO ALLOW A COMBINATION OF CONDOMINIUM AND APARTMENT UNITS ON 13.3 ACRES LOCATED AT THE NORTHEAST CORNER OF MAGNESIA FALLS DRIVE AND PORTOLA AVENUE. CASE NO. TT16942 WHEREAS, the City Council of the City of Palm Desert, California, did on the 4th day of December, 1980, hold a duly noticed Public Hearing to consider a request by TRANSCOPIC DEVELOPMENT CORPORATION for approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1 ) and apartment units or condominiums (Lot 2) on 13.3 acres within the Pr-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls Drive and Portola Avenue, more particularly described as: APN 621-400-022 WHEREAS, the Planning Commission, by Resolution No.650 has recommended approval subject to conditions. i 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 project has previously been assessed in connection with Case No. DP 08-79, 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 City Council did find the following facts and reasons to exist to receommend approval of the Tentative Tract Map: 1 1 . The subject Tentative Map does substantially comply with J Chapter 26 of the City of Palm Desert Municipal Code, and the State of California Subdivision Map Act, as amended. 2. The subject Tentative Map does comply with the adopted General Plan and the Palm Desert Zoning Ordinance. 3. The site is physically suitable for the type of develop- ment 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 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. TT16942 for the reasons set forth in this Resolu- tion and subject to the attached conditions. FURTHER BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return, it is recommended that the City Council agree to use said fees for park purposes in conformance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert RESOLUTION NO. 80-140 Page Two City Council , held on this 4th day of December, 1980 , by the following vote, to wit: AYES: Newbrander, Puluqi , Snyder& Wilson NOES: None ABSENT: McPhbrson ABSTAIN: None jROO ILSON, Mayor ATT-EST: + is SHEILA. R.' GIL IGAN, Cit lerk City of Palm Desert, C ifornia /pa RESOLUTION NO. 80-140 Page Three STANDARD CONDITIONS OF APPROVAL CASE NO. TENTATIVE TRACT 16942 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 here- after 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. Prior to submittal of the Final Map, the applicant shall provide the Department of Environmental Services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the Director of Environmental Services. 4. Access rights to Portola Avenue and Magnesia Falls Drive (except for those openings approved in Case Nos. DP 08-79 and 178 MF) shall be offered to the City as a dedication on the final map. 5. The C.C. & 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. The document to convey title. . b. Covenants and restrictions to be recorded (which have been approved) . C. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 6. Improvement plans for water and sewer systems shall meet the requirements 1 of the respective service districts. J7. Area shall be annexed to appropriate Improvement Districts having juris- diction over the subject area. 8. 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. 9. 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. 10. Complete plans and specifications shall be submitted as required by Ordi- nance 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. 11. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 12. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 13. All requirements of the City Fire Marshal from his letter of October 15, 1980 shall be met as a part of the development of this tract. 14. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 16942 is in accor- dance with the requirements prescribed by the City Fire Marshal . " RESOLUTION NO. 80-140 Page Four 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall be inspected by the Engineering Department and a Standard Inspection Fee shall be paid. 17. All requirements of the Planning Commission action on the Development Plan 08-79 and related Design Review Case No. 178 MF, shall be met as part of the development of this tract. 18. The total number of lots shall , be limited to two (2) with lettered lots as necessary to identify private street rights-of-way. 19. The applicant shall have twelve (12) months from the date of the approval or conditional approval fo 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 . 20. Drainage and Signalization Fund contributions as required by City -Ordinance shall be made prior to recordation of the Final Map. 21. Developer shall pay in lieu fees for park and recreation purposes to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance.. . SPECIAL CONDITIONS 1. Portola Avenue to be dedicated and improved to provide 55 ft. half street as required by City with 20 feet of landscape area provided:-between perimeter. wall and curb. 2. Ma9 ensia ,Falls Drive to be dedicated and improved to half street width as determined by Generaly Plan Update, with 20 feet of landscape area provided . between perimeter wall and curb. 3. Subdivision to be provided with minimum 6 foot high decorative solid masonry wall around project (except for approved openings) , as approved and/or modified through the Design Review Process. 4. Subdivision shall be designed to retain a minimum 25 year storm intensity on-site per Ordinance No. 218. 5. Safety street lighting to be provided as required by Director of Public Works. 6. Final Map not to be recorded and final working drawings approved until General Plan Update is completed and Magnesia Falls Drive right-of-way determined. 7. Sidewalks ,to be provided adjacent to curbs on both streets as required by Department of Public Works. ' 8. Final map not to be recorded until clearance from Coachella Valley Water District is received by the Department of Environmental Services regarding relocation of existing Coachella Valley Water District facilities. 9. Mutual cross easements for vehicular and pedestrian access shall be recorded between lots 1 & 2 to coincide with driveway, the centerline of which is the boundary between Lots 1 & 2 as shown in TT 16942 and Development Plan 08-79 amended. -� RESOLUTION NO. 80-140 Page Five e.rw... DEPARTMENT OF FIRE PROTECTION /11 "try1 �. IN COOPERATION WITH THE t� �COUNTY CALIFORNIA DIVISION OF FORESTRY - ' RIVERSIDE DAVID L. FLAKE \, COUNTY FIRE WARDEN - P.O. BOX 248 \ - 210 WEST SAN JACINTO STREET PERRIS, CALIFORNIA 92370 TELEPHONE (]14) 657-3163 . October 15, 1980 i Stan Sawa Associate Planner City of Palm Desert 45-275 Prickly Pear Lane Q T Palm Desert, Ca. 92260NITAL I E;„1TY OF pHLiil C-�L ; Reference: Tentative Tract No. 16942 ;' Provide the following fire protection .in accordance with the Uniform Fire Code: I. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street intersection (a) but not greater than 250 feet.apart in any direction. A. Exterior 'surface of hydrant barrels and heads shall be painted chrome yellow, ` and the tops and nozzle caps shall be painted green. B. Curbs shall be painted red 15 feet in either direction from each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 16942 is in accordance with the requirements prescribed by the Fire Marshal ." Upon approval , the original plan will be returned to the developer. 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, David L. Flake Fire Chief Eric L. Vogt Fire Marshal I ELV:dt CC: Palm Desert Community Services District CITY OF PALM DESERT LEGAL NOTICE REQUEST FOR APPROVAL OF A TIME EXTENSION FOR THE SECOND PHASE OF A TWO LOT SUBDIVISION TO ALLOW CONSTRUCTION OF APARTMENTS ON 5.5 NET ACRES LOCATED BETWEEN MAGNESIA FALLS DRIVE AND THE WHITEWATER FLOOD CONTROL CHANNEL, 690 FEET EAST OF PORTOLA AVENUE. CASE NO. TT 16942 NOTICE IS HEREBY GIVEN, that a Public Hearing will be held before the Palm Desert City Council to consider a request by TRANSCOPIC DEVELOPMENT CORPORATION for approval of a Time Extension for the second phase of a two lot subdivision to allow construction of apartments on 5.5 net acres located between Magnesia Falls Drive and the' Whitewater Flood Control Channel 690 feet east of Portola Avenue, more particularly described as a portion of: APN 621-400-022 f j ; o1H oY p s - - �— MAGNESIA FALLS DRIVE N WMMUNITY 1 PARKRIT ♦'�' m®� e' y B 44T'" • 61� t][.T �l IOY ICY Co 1u7, SAID Public Hearing will be held on January 14 1982, 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. SHEILA R. GILLIGAN, CITY CLERK City of Palm Desert PUBLISH: Palm Desert Post December 31, 1981 _ 1 '(1D45-275 PRICKLY PEAR LANE, PALM DESERT,CAUFORNIA 92260 TELEPHONE (714) 346-0611 January 15 , 1982 Transcopic Development Corporation Post Office Box 1016 Rancho Mirage, California 92270 Subject : Re uest for approval of 18 month time extension on TT 9 Gentlemen: At its regular meeting of January 14, 1982, the Palm Desert City Council did approve the subject request by adopting Resolution No . 82-3 . I have enclosed a copy of said resolution for your files . Sincerely, SHEILA R. GILLIGAN CITY CLERK SRG/dh CC . Engineering Service Corporation 71-537 Hwy 111, Suite A Rancho Mirage, CA. 92270 RESOLUTION NO. 82-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ANNOUNCING FINDINGS AND APPROVING AN 18 MONTH EXTENSION PURSUANT TO THE PROVISIONS OF SECTION 26.20.140 OF THE PALM DESERT MUNICIPAL CODE FOR APPROVED TENTATIVE TRACT MAP TT 16942. CASE NO. TT 16942 (TIME EXTENSION) WHEREAS, the City Council of the City of Palm Desert, California, did on the 12th day of November, 1981, receive a request from TRANSCOPIC DEVELOPMENT COMPANY for approval of an 18 month extension pursuant to the provisions of Section 26.20.140 of the Municipal Code; WHEREAS, the City Council is empowered to grant time extensions of up to eighteen months for filing of the final map in Section 26.20.140 of the Palm Desert Municipal Code; and, WHEREAS, the City Council did find the following reasons to exist to justify the granting of said time extension: 1. Granting the time extension will not in any way adversely affect the public health, safety or general welfare. 2. The applicant is not proposing any changes to the project and the situation in the vicinity of the project is unchanged since the subject tentative tract was originally approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. That Transcopic Development Company is hereby granted an 18 month time extension of the approval of Tentative Tract. Map 16942. 2. That the Final Map for Tract No. 16942 must be filed prior to June 4, 1983, 1-2 to preserve the validity of said tract. 3. That Tentative Tract Map 16942 is subject to all conditions contained in Resolution No. 80-140. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, this 14th day of January, 1982, by the following vote, to wit: AYES: MCPHERSON, NEWBRANDER, SNYDER, WILSON NOES: NONE ABSENT: PULUQI ABSTAIN: NONE R WILSON, May ATTEST: SHEILA R. GIL GAN, C!ty3ZIerk City of Palm Desert, CaIS91nia Ar tb c Z gym. 'R. 9"'Itiez9 924 E. eyptsi c4vE. glenJo=, Calif. 91740 Novedbea 4, 1980 .UF oa,6n De je4i 5-l/ ?./U dtl /'ewc Laae ,'T� ° t V Y'a.bn De4eat, Cal. 92Z0 S19 � Aiiention: %.laru+,ing ComM.i441.on IgC)� 0 7 �ga0 �E,�V1GE5 Sentlenen: . E��,i�pNhiE?ALPi9 DE��rr:a1 CCSY of We vun a poop a;t 4-N1 Avenue, 4.itltated vn the (u,f ,at POAt Co Clu6 C4tate4, ai .�Ce end of Nevada Circle. We cha4ed the pzvpeirty in '9piuL 1978 and p dot&A ai a time. We did 40 fow one pzuna y nea4vn floe �vwgevu4 Vielu, u.�u:di not Ort , in- cluded the mountain vi4ia4, a#c. 6ut the LovaGy date plm� 6effowe ue cou.ld a?�owd �'p pri a rwk.ze home on the paopentr� we u�ce di rna�ed �v 4ee a .Aou4.V dev poem Sul die di'l� aaw44 #ice 6atMel fwvm u4 uuth not a palm twee .in In faci thecae appeaa4 to 6e no 9vzmezy in 4iaA4 U /tao f top4 and a u A fR. an awez 4uc4 a4 �' De4ewt, ue find ii of f i adt to wU&Utaad how, ow. uht, a 6ui,lden ua4 "aed to eon4#nuct a #tract without leaving a 4m le palm twee .in We now have weceived tluee letie7 a � a ew project - 6e con4bwcted 6y the wan4rxi c evelvpme Li owp. of j8 condomau m wut4 at the N.C. co/new o Mvgaedia F" and I owto.la Avenue, a6io44 the chLel �wm 1 oato-la and teyyi l+.iwn view Of otuc 6.luf f lot and w new home. / tch tv via due io oaw uo /vuw4 ue a 6een le io attend anru of meetir". L ct ue ux4�h voice oun view f' = D paoyect. We ae ze Yhe�oe .i d lzi;Ue #haft mn die ne aborct pnogii Land .i j boo va luable ;to be .idle. Nvruevea, .these i4 no ecaz4e foa aVowin the .land ;to become uq,* The deae%t ha4 a jpe M 6a=ty o� .i;E'4 oun, uAi:ch should no# be "ued ;to be comp.Cei4 fondten. WkA the paopea plrmiwtg, .ouck ao ue have 4een. .in rmney oAea pnoJectd in ithe deneaf aam awund a6 the -land _caa be made 'c vwAque. The pnopea plan ing o J +� oa v e2 e and #f+e .land4mpuz9 v . e bamaca charmed uvLl.� could add imnevouae Jq#o Ae view bleat #hoee of u4 on the noicth amide much lvvlz at daily. I jin.cea- e ho e #hat the comni.o,ion 6bU #a4e AiA into con sidenatuPa when making the f inaC deatiznnrdAl2 piece of' pwpeaty. &i eea 1. Fon46eag ti MINUTES PALM DESERT PLANNING COMMISSION MEETING WEDNESDAY - NOVEMBER 5, 1980 7:00 P.M. - CITY HALL COUNCIL CHAMBERS I . CALL TO ORDER The regularly scheduled meeting of the Palm Desert Planning Commission was called to order at .7:00 P.M. by Chairman Miller in the City Hall Council Chambers. II. PLEDGE OF ALLEGIANCE - Commissioner Berkey III. ROLL CALL Members Present: Commissioner Berkey Commissioner Kryder Commissioner McLachlan (for a portion of meeting) Commissioner Richards Chairman Miller Staff Present: Carlos Ortega, Acting Director of Environmental Services Stan Sawa, Associate Planner Phil Drell , Assistant Planner Linda Russell , Planning Secretary Others Present: Barry McClellan, Director of Public Works Eric Vogt, Fire Marshal IV. APPROVAL OF MINUTES A. Minute of regular meeting of October 15, 1980. Mr. Sawa noted two corrections: Page 3, 6th paragraph, the vote should be: Carried 3-0-1 with Commissioner McLachlan abstaining. Page 3, last sentence, should read: She added that this would fill the housing market for the lower income citizens with prices between $i031000 to $113,000. Motion was made by Commissioner Richards, seconded by Commissioner McLachlan, to approve the minutes as amended. Carried unanimously (5-0) . V. WRITTEN COMMUNICATIONS - NONE VI. PUBLIC HEARINGS THE COMMISSION CONSIDERED PUBLIC HEARING ITEM "I" FIRST, I. ase No. TT 16 49 2- TRANSCOPIC DEVELOPMENT and ENGINEERING SERVICE COR , pi7can-t§ Approval of a two (2) lot subdivision to allow construction r of thdrty-eight (38) condominium units (Lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3. acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls and Portola Avenue. Mr. Sawa presented this case explaining that the subdivision would divide the rental portion from the condominium portion. He further stated Staff's recommendation that the final tract map not be finalized until the General Plan Update is completed because the right-of-way dedication on Magnesia Falls Drive would be determined then. Chairman Miller opened the Public Hearing asking if the applicant wished to make a presentation. 4 I MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Two VI. PUBLIC HEARINGS '(cont. ) MR. BILL LO, Representative, 232 Serena, stated he did not object to the conditions and understood that the General Plan Update had to be completed before finalization. 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. . Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to recommend approval to the City Council by adoption of Planning Commission Resolution No. 650, as submitted. Carried unanimously (5-0) . A. Continued Case No. VAR 08-80 - BOB AND GORDANA SIPOVAC, Applicants A request for approval of a Variance from building height standards to allow the construction of a two-story (18' maximum height) triplex adjacent to an R-1 zone and within an R-3 20,000 (3) , S.P. (Multifamily Residential , 20,000 sq.ft. minimum lot size, max. one d.u. per 3000 sq.ft. of lot area, Scenic Preservation Overlay) zone generally located on the east side of Ocotillo Drive 120 feet north of Verba Santa Drive. Mr. Drell presented this case stating that this item was continued because of concerns expressed at the original Public Hearing. He stated that the main concerns were the invasion of privacy from the second story windows and the construction of a 2-story structure next town R-1 zone. Mr. Drell pointed out that the height of the building would be 18' which was within the limitations of the Zoning Ordinance for a one story residence. .He reviewed the modified plan which eliminated the south- second story windows. Staff recommended approval . Commissioner Berkey noted that on the Resolution to approve this case, it stated that there should be exceptional and extraordinary circumstances to justify approval . He asked Staff to clarify these points. Mr. Drell explained that the 18' height limitation is within the ordinance, for a one story residence, which makes it exceptional ; the structure would not be any higher than the R-1 lots, which is an extraordinary circumstance. Chairman Miller opened the Public Hearing and asked if the applicant cared to make a presentation. MRS. DIANE STADELMAN, Representative, 71-910 Highway 111, Rancho Mirage, - stated that they accept the conditions then briefly explained that the pad elevation of the property to the south is 4 ft. above the pad elevation of the proposed project. She pointed out that the applicant proposes to redesign the second floor exterior so that it would be impossible to install windows in the future. Chairman Miller asked if there was anyone present who wished to speak in FAVOR or. OPPOSITION to this case. OPPOSITION: MR. GEORGE RITTER, 73-345 Juniper, stated he was representing a neighbor in the area of the project. He pointed out that the Ordinance clearly stated that 2-story structures are not allowed on this site. He felt that the original intent of the ordinance was to generate privacy and low density. He also noted that the neighbors have to conform to the Palm Desert Property Owner's Association height limitations which is 15 feet. He asked for a denial of this project. MR. STAN WYGLENDOWSKI , 46-125 Verba Santa, stated that the Oleander hedge, which provides a screen, is on the applicant's property, therefore, can be cut down anytime. He felt there was no hardship to justify approval of this project. MR. JIM HARDY, 46-075 Verba Santa, felt the ordinance should not be changed to allow 2-story structures next to an R-1 zone. MINUTES PALM DESERT PLANNING COMMISSION MEETING NOVEMBER 5, 1980 Page Three VI. PUBLIC HEARINGS -(cont. ) MR. GEORGE SWEET, 46-370 Ocotillo, Representative of the Palm Desert Property Owner's Association, explained that the lots on Verba Santa and Ocotillo are under the 18 foot height limit. He was concerned about the.grading and density. He also felt that the ordinance clearly defined that 2-story structures are not allowed. Chairman Miller asked the applicant for a rebuttal . Mrs. Stadelman briefly explained the grade change and pad heights and stated that they felt this project would be a positive contribution to the neighborhood. Chairman Miller closed the Public Hearing. Commissioner Kryder did not agree that there was an exceptional circumstance to this project. Commissioner Berkey agreed with Commissioner Kryder and noted that he did listen to the tape of this case from the meeting of September 30th, in which he was not present. He did not feel there were any justifications for granting a variance. Commissioner Richards felt that if the applicant was within the 18' height limitation and there was no invasion of privacy that this project or any similar project should be approved. Commissioner McLachlan agreed with Commissioner Richards but felt that a second floor or loft should be clearly defined before this is approved. Motion was made by Commissioner Berkey, seconded by Commissioner Kryder, to deny this case by adoption of Planning Commission Resolution No. 651. Carried 4-1 (AYES: Commissioners Berkey, Kryder, McLachlan, Miller; NOES: Commissioner Richards) . B. Case No. C/Z 10-80 - CITY OF PALM DESERT, Applicant. Initiation of a Change of Zone from R-2, S.P. (Single Family Residential , one unit per 4000 sq.ft. of lot area, Scenic Preservation Overlay) zone to R-3, S.P. (Multifamily Residential , one unit per 2500 sq.ft. of lot area, Scenic Preservation Overlay) zone or other zone deemed appropriate on the west side of Monterey Avenue between Rancho Grande and Park View Drive. Mr. Sawa suggested that this case be posponed until the General Plan Update is completed because the proposed zone change did not conform with the existing General Plan. Chairman Miller opened the Public Hearing asking if anyone present wished to speak in FAVOR or OPPOSITION to this case. Commissioner Berkey felt that the Commission had the right to act on this and did not agree to delay it. He stated that a number of people were concerned and it should be pursued. He added that if legal advise is necessary than it should be obtained. Commissioner Richards felt that there were legalities involved as to whether the Commission can act on this or wait until the General Plan Update is completed. He, therefore, felt that it should be necessary to contact the City Attorney. Motion was made by Commissioner Berkey, seconded by Commissioner Richards, to continue this case to November 19, 1980. Carried unanimously (5-0). SUN KING HOMEOWNERS ASSN US LIFE SAVINGS & LOAN c/o Marie Lawriesmith ASSN. 42510 Granite Place 5220 Wilshire Blvd Palm Desert, Ca. _ 92260 Los Angeles, CA 90036 i y S CVCWD OCCUPANT ` y x P.O. Box 1058 43101 Buttonwood Dr Coachella, CA 92236 Palm Desert, CA 92260 RIGBY, ELMER C. OCCUPANT 2200 Santa Monica Blvd 43081 Buttonwood Dr. Suite 109 Palm Desert, CA 92260 t Santa Monica, CA , DESERT SANDS UNIFIED OCCUPANT SCHOOL DISTRICT 43041 Buttonwood Dr 83049 Avenue 46 Palm Desert, CA 92260 !" Indio, CA 92201 c: OCCUPANT OCCUPANT OCCUPANT 43050 Rutledge Ave. 43942 Buttonwood Dr 43101 Balsam Lane Palm Desert, CA 92260 Palm Desert, Ca 92260 Palm Desert, CA 92260 OCCUPANT OCCUPANT OCCUPANT 43080 Rutledge Avenue 43080 Buttonwood Dr 43081 Balsam Lane Palm Desert, CA 92260 Palm Desert, Ca 92260 Palm Desert, CA 92260 SIMONE, PATRICK N, etal OCCUPANT OCCUPANT 43100 Rutledge Ave 43100 Buttonwood Dr 43041 Balsam Lane Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 OCCUPANT OCCUPANT 43120 Buttonwood Dr 43042 Balsam Lane Palm Desert, CA 92260 Palm Desert, CA 92260 r VICES U S LIFE SVGS & LOAN ASSN OCCUPANT ENYIRONMER11A"—" 43150 Buttonwood Dr 43100 Balsam Lane c+TY OF -ppus' OasERT Palm Desert, CA 92260 Palm Desert, CA 92260 OCCUPANT Nicholas & Paul Biazevich OCCUPANT 43150 Rutledge Ave 43151 Balsam Lane 43120 Balsam Lane Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 922EO WILCOX, BRUCE, etal OWENS, GARY L, etal OCCUPANT 43151 Buttonwood Dr. 43121 Balsam Lane 43150 Balsam Lane Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 OCCUPANT COLEMAN, C.HARLES M. , etal KHOREY, NED S . , etal 74420 Santolina Dr 1102 21st Street 402 North Glassell Palm Desert, CA 92260 Hermosa Beach, CA 90254 Orange, CA 92666 OCCUPANT FISCHER, WILLIAM G. , etal BROEN, STANLEY W. , etal 74450 Santolina Dr 74315 Gary Ave 7 Leda Palm Desert, Ca 92260 Palm Desert, CA 92260 Irvine, CA 92714 OCCUPANT ARMSTRONG, LUCILE C. DENNIS , MARVIN G. , etal 43111 Silk Tree Lane 74323 Gary Ave. 74435 Gary Ave Palm Desert, CA 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 OCCUPANT LUCILE C. ARMSTRONG PEARSON, HARVEY J. , etal 43081 Silk Tree Lane P.O. Box 1316 34-500 Date Palm Dr Palm Desert, CA 92260 Palm Desert, CA 92260 Cathedral City, CA 92234 OCCUPANT HEATLEY, ARTHUR J. , etal MAYS , DAVID A, etal 43100 Silk Tree Lane 74351 Gary Ave 74455 Gary Ave Palm Desert, Ca 92260 Palm Desert, CA 92260 Palm Desert, CA 92260 OCCUPANT MYERS, JOSEPH E. , etal BROWN, WILLIAM M. , etal 43120 Silk Tree Lane 74359 Gary Ave 74463 Gary Ave Palm Desert, CA 92260 Palm Desert, Ca 92260 Palm Desert, CA 92260 - - - `c -- OCCUPANT GOODENOW, DONALD, etal 43150 Silk Tree Lane 526 Venado Vista Palm Desert, CA 92260 La Canada, CA 91011 y LL. T.yN ,1 HAYDEN, JACK L. , etal BROWN, OLIVER F . , etal i 27942 Ridgecove Court PO Box 1064 Rancho Palos Verdes, CA Apple Valley , CA 92307 SELLS, EDWARD W. , etal MOHNSEN, ROBERT, etal ''..�^G ' 2319 Rebecca St 74479 Gary Ave ,�uy W. Covina, CA 91792 Palm Desert, 92260 FORSBERG, WILLIAM R. ,etal- CAMPBELL, DIANA L. 924 E. Cypress Ave 11743 Dorothy #2 Glendora, Ca 91740 Los Angeles , CA 90049 J' OCCUPANT BRAGG, CHARLES B. , etal SMITH, SHERMAN A: , etal 43082 Silk Tree Lane 82597 Miles Ave, #9 1508 Eton Place Palm Desert, CA 92260 Indio, Ca 92201 Newport Beach, CA 92660 SUN KING HOMEOWNERS ASSN 11661 San Vincente Blvd. Los Angeles , CA I MARCO POLO MOBILE VILLAGE 43101 Portola Ave Palm Desert, CA 92260 JUL 2 5 1990 ,1AL SERVICES, DAME CONSTRUCTION CO. INC. CITY 'Jr PALM DESERT 42555 Portola Ave Palm Desert, CA 92260 RIGDON, WARREN E. —7 43155 Portola Avenue L . Palm Desert, Ca. 92260 JAMES R. ARTHUR 43120 Rutledge Ave Palm Desert, CA 92260 I � 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 'TELEPHONE (714) 346-0611 REPORT OF PLANNING COMMISSION ACTION DATE November 10, 1980 APPLICANT ENGINEERING SERVICE CORP. 71-537 Highway 111, Suite A Rancho Mirage, CA 92270 CASE NO: TT 16942 The Planning Commission of the City of Palm Desert has considered your request and taken the following action at its meeting of November 5, 1980 CONTINUED TO DENIED BY PLANNING COMMISSION RESOLUTION NO. XX APPROVED BY PLANNING COMMISSION RESOLUTION NO. 650 XX PLACED ON THE AGENDA OF THE CITY COUNCIL OF December 4, 1980 FOR PUBLIC HEARING. Any appeal of the above action may be made in writing to the Director of Environmental Services, City of Palm Desert, within fifteen (15) days of the date of the decision. STAN SAWA, Acting Secretary PALM DESERT PLANNING COMMISSION cc: Applicant C.V.C.W.D. File ✓ PLANNING COMMISSION RESOLUTION NO. 650 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 CONSTRUCTION OF 60 RESI- DENTIAL UNITS ON APPROXIMATELY 10,87 ACRES LOCATED AT THE NORTHEAST CORNER OF PORTOLA AVENUE AND MAGNESIA FALLS DRIVE. CASE NO. TT 16942 WHEREAS, the Planning Commission of the City of Palm Desert, California, did on the 5th day of November, 1980, hold a duly noticed Public Hearing to consider a request by TRANSCOPIC DEVELOPMENT CORPORATION for approval of a two (2) lot sub- division to allow construction of thirty-eight (38) condominium units (Lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3. acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls Drive and Portola Avenue, more particularly described as: APN 621-400-022 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 had determined that the project has previously been assessed in connection with Case No. DP 08-79 and no further documentation is deemed necessary. WHEREAS, at said Public Hearing, upon hearing and considering the testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did find the following facts to jusitfy their recommendations and actions as described below: 1. The subject Tentative map does substantially comply with Chapter 26 of the City of Palm Desert Municipal Code, and the Stat 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 environmetnal 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 these cases; 2. That the Planning Commission does hereby recommend to the City Council conditional approval of the above described Tentative Map No. 16942 for the reasons set forth in this Resolution and subject to the attached conditions. FURTHER BE IT RESOLVED that the recommended conditions of approval do include a requirement that the applicant pay in-lieu fees to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. In return, it is ( recommended that the City Council agree to use said fees for park purposes in con- formance with an adopted master plan, within five (5) years of the recordation of the final map. PASSED, APPROVED, and ADOPTED at a regular meeting of the Palm Desert ` I . PLANNING COMMISSION RESOLUTION NO. 650 Page Two Planning Commission, held on this 5th day of November, 1980, by the following vote, to wit: AYES: BERKEY, KRYDER, RICHARDS, MILLER, MCLACHLAN NOES: NONE ABSENT: NONE ABSTAIN: NONE CHARLES MILLER, Chairman ATTEST: STAN SAWA, Acting Secretary /lr PLANNING COMMISSION RESOLUTION NO. 650 Page Three STANDARD CONDITIONS OF APPROVAL CASE NO. TT 16942 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. Prior to submittal of the Final Map, the applicant shall provide the Department of Environmental Services with a list of proposed street names with at least three alternatives. The approval of the final street name shall be made by the Director of Environmental Services. 4. Access right to Portola Avenue and Magnesia Falls Drive (except for those openings approved in Case Nos. DP 08-79 and 178 MF) shall be offered to the City as a dedication on the final map. 5. 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. The document to convey title. b. Covenants and restrictions to be recorded (which have been approved) . C. Management and maintenance agreement to be entered into with the owners of the units of the project (which has been approved) . 6. Improvement plans for water and sewer systems shall meet the requirements of the respective service districts. 7. Area shall be annexed .to appropriate improvement districts having jurisdiction over the subject area. 8. 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. 9. 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. 10. 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. 11. In order to maintain reasonable fire protection during the construction period, the subdivider shall maintain passable vehicular access to all buildings. An adequate number of fire hydrants with required fire flows shall be installed as recommended by the Fire Marshal . 12. Prior to recordation of the Final Map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 13. All requirements of the City Fire Marshal from his letter of October 15, 1980 shall be met as a part of the development of this tract. 14. The water system shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system of Tract No. 16942 is in accordance with the require- ments prescribed by the City Fire Marshal . " j' PLANNING COMMISSION RESOLUTION NO. 650 Page Four 15. Drainage shall be subject to approval of the City Engineer. Applicant shall provide engineered data as requested. 16. All private streets shall be inspected by the Engineering Department and a Standard Inspection fee shall be paid. 17. All requirements of the Planning Commission action on the Development Plan 08-79 and related Design Review Case No. 178 MF, shall be met as part of the development of this tract. 18. The total number of lots shall be limited to 2 with lettered lots as necessary to identify private street rights-of-way. 19. The applicant shall have twelve (12) months from the date of the approval of 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 . 20. Drainage and Signalization Fund contributions as required by City Ordinance shall be made prior to recordation of the Final Map. 21. Developer shall pay in-lieu fees for park and recreation purposes to comply with the requirements of Article 26.48 of the City of Palm Desert Subdivision Ordinance. SPECIAL CONDITIONS 1. Portola Avenue to be dedicated and improved to provide 55 ft. .half street as required by City with 20 feet of landscape area provided between perimeter wall and curb. 2. Magnesia Falls Drive to be dedicated and improved •to half street width as determined by General Plan Update, with 20 feet of landscape area provided between perimeter wall and curb. 3. Subdivision to be provided with minimum 6 foot high decorative solid masonry wall around project (except for approved openings) , as approved and/or modified through the Design Review Process. 4. Subdivision shall be designed to retain a minimum 25 year storm intensity on-site per Ordinance No. 218. 5. Safety street lighting to be provided as required by Director of Public Works. 6. Final Map not to be recorded and final working drawings approved until General Plan Update is completed and Magnesia Falls Drive right-of-way determined. 7. Sidewalks to be provided adjacent to curbs on both streets as required by Department of Public Works. 8. Final map not to be recorded until clearance from Coachella Valley Water District is received by the Department of Environmental Services regarding relocation of existing Coachella Valley Water District facilities. PLANNING COMMISSION RES ;TION 'NO: 650'" Page Five DEPARTMENT OF FIRE PROTECTION IN COOPERATION WITH THE COUNTY CALIFORNIA DIVISION OF FORESTRY c 1 . "RIVERSlDE ..::r..; DAVID L. FLAKE COUNTY FIRE WARDEN P.O. BOX 248 210 WEST SAN JACINTO STREET • - PERRIS, CALIFORNIA 92370 TELEPHONE (714) 657-3183 October 15, 1980 Stan Sawa Associate Planner City of Palm Desert �ggp 45-275 Prickly Pear Lane OC[ Palm Desert, Ca. 92260 w1c s Reference: Tentative Tract No. 16942 i-���TV'OF pp,Lin t7LSEkS ' Provide the following fire protection in accordance with the Uniform Fire Code: 1. Install a water system capable of delivering 2500 GPM fire flow from any fire hydrant for a two (2) hour duration in addition to domestic supply. The computation shall be based upon a minimum of 20 psi residual operating pressure in the supply main from which the flow is measured at the time of measurement. 2. Install Riverside County super fire hydrants located at each street intersection (a) but not greater than 250 feet apart in any direction. A. Exterior surface of hydrant barrels and heads shall be painted chrome yellow, and the tops and nozzle caps shall be painted green. 8. Curbs shall be painted red 15 feet in either direction from: each hydrant. 3. Prior to recordation of the final map, the developer shall furnish the original and three (3) copies of the water system plan to the Fire Marshal for review. 4. The water system plan shall be signed by a registered civil engineer and approved by the water company, with the following certification: "I certify that the design of the water system in Tract No. 16942 is in accordance with the requirements prescribed by the Fire Marshal . " Upon approval , the original plan will be returned to the developer. 5. Prior to delivery of combustible materials to the building site, the required water system shall be installed, operating and delivering the required flow. Very truly yours, David L. Flake Fire Chief Eric L. Vogt Fire Marshal ELV:dt CC: Palm Desert Community Services District CITY OF PALM DESERT STAFF REPORT TO: Planning Commission REPORT ON: Tentative Tract Map APPLICANTS: Transcopic Development Corp. Engineering Service Corp. P.O. Box 1016 71-537 Highway 111, Ste. A Rancho Mirage, CA 92270 Rancho Mirage, CA 92270 CASE NO: TT 16942 , DATE: November 5, 1980 I. REQUEST: Approval of a Two -(2) lot subdivision to allow construction of thirty-eight (38) condominium units (Lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3.acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density) zone located at the northeast corner of Magnesia Falls and Portola Avenue. LOCATIONAL MAP: ' . r I 3 , DVIC.IIIY[11 s0111YC D91V[ i J ... -. -. - Mq@lESIA FALLS DRIVE .. W,MMURITY I ! RgflN .o I II. BACKGROUND: A. ADJACENT ZONING/LAND USE: North: O.S./ Whitewater Storm Channel South: P/Elementary school & Park and R-1, 9000/Residential East: O.S./Whitewater Storm Channel West: R.M. /Mobile Home Park B. GENERAL PLAN LAND USE DESIGNATION: Residential - low density, 0-6 d.u./acre and open space (COD Specific Plan) C. ENVIRONMENTAL ASSESSMENT: The proposed project has been previously assessed'in connection with Case No. DP 08-79 (Development Plan for project) , and no further documentation is deemed necessary by the Director.% STAFF REPORT TT 16942 November 5, 1980 Page Two II. BACKGROUND: (cont. ) D. PREVIOUS PERTINENT CASES: DP 08-79 (Amended) , amendment approval to allow 38 condominium units, and .22 rental units, and-minor plan modifications; approved by Planning Commission Resolution No. 634 on September 2, 1980. DP 08-79 and 178 MF, time extension; granted by Planning Commission Resolution No. 622, August 5, 1980. DP 08-79 and 178 MF, original applicant approval for sixty (60) unit apartment development; Planning Commission Resolution No. 505, July 3, 1979. E. MAJOR TRACT IMPROVEMENTS: - Dedication and improvement of 55 foot half street on Portola Avenue. - Dedication and improvement of half street on Magnesia Falls Drive with right of way to be determined by General Plan Update. III. DISCUSSION: The proposed tract map seeks to create a two lot subdivision. The proposed lot line would correspond with the line dividing the rental portion from the condominium portion of the project. The right of way to be dedicated on Magnesia Falls Drive will have to be determined by the update of the General Plan. However, the Planning Commission has informally indicated that a 44 foot half street is desirable based on existing right of way and possible future dedication along the street. Staff' :• recommends that the final tract map and perimeter design not be finalized until the General Plan update is completed. IV. STAFF RECOMMENDATION: Based on the justification and findings contained in the draft Resolution: Recommend approval to the City Council of TT 16942, by adoption of Planning Commission Resolution No. subject to the conditions attached thereto. Y•p yS _� y'PTp[d PpL Ms AIIOCO A1L0 ` R y`� 1, � •KS Rw✓OLI 1✓E Moa/LE V/LLd GE-lJ-/O/ .1 dVL. Po?TOGA AVE Z p4p ;R0A i i•�`l��y`I• ��.1- +.* E ` _ - ; oa�' aim I! • , illy — - `t .7 Fmi i ° I yI � I, M � 1 1 IIIIIIIIIII � 1 � F o ok � Y �me n °eykozam � � { ' doe I S 'd 2nn4r p.nyA 60 a ee�� m °etas II T2nJ � 4 v� evOe, q � N en gOgpyQ �vLO q P ' I N'I�N bn p3 v oaoc "`[ � myN m o W4 �� r0 ;` ny, 2 Nl�N 4 net A R ° orb � o m 21.��Z<< i i�Fge IR li ' p m 1 1 I �qz i cN ' I OCT - 6 1980 ENVIRONMENTAL SERVICES CITY OF PALM DESERT A YiR n y rv, CITY OF 0 m+B Q:R PALM DESERT C-PARTMENT i tN � Rl OF . �mcP Ol ENVIRONMENTAL I•i3e 4 �2 lJ( SERVICES EXHIBIT A T i`E8 ;vQn Z CASET I(O-1 NO. ..... ry ESTABLISHED IN 1918 AS A PUBLIC AGENCif � T COACHELLA VALLEY WATER DISTRICT POST OFFICE BOX 1053 • COACHELLA, CALIFORNIA 92236 • TELEPHONE (714) 398-2651 DIRECTORS OFFICERS RAYMOND R.RUMMONDS,PRESIDENT LOWELL O.WEEKS,GENERAL MANAGER—CHIEF ENGINEER TELLIS CODEKAS,VICE PRESIDENT BERNARDINE SUTTON,SECRETARY C.J.FROST DENNIS M.HACKETT,AUDITOR PAUL W.NICHOLS REDWINE AND SHERRILL,ATTORNEYS STEVE 0.BUXTON October 27, 1980 ` Fi le,� 0163. 11 1 �� 0721 . 1 Department of Environmental OCY 2 8 1980 Services ZEz"d10ES City OF Palm Desert C .f L,F ^:;.,; -% 2T P. 0. Box 1977 Palm Desert, California 92261 Gentlemen: Re: Tract 16,942 NW4, Sec. 16, T5S , RISE , S.B.M. This area is protected from stormwater flows by a system of channels and dikes, and may be considered safe from stormwater flows in rare instances. This area is designated Zone B, on Federal Flood Insurance rate maps which are in effect at this time. There may be erosion of the banks of the stormwater channel during periods of unusual rainfall and discharge; however, the degree of erosion can be minimized or eliminated by either channel landscaping or bank rip-rap. These protective measures shall be constructed to minimize potential erosive damage to tract improvements. Plans for stormwater protective works shall be submitted to Coachella Valley Water District for review. The District will furnish domestic water and sanitation service to this area in accordance with the current regulations of this District. This area shall be annexed to Improvement District Nos. 54 and 80 of Coachella Valley Water District for sanitation service. There may be conflicts with existing District facilities. We request the appropriate public agency to withhold the issuance of a building permit until arrangements have been made with the District for the relocation of these facilities. i� Very'y,TJIyyours , Low eeks General Manager-Chief E ineer CS: ra cc: Riverside County Dept. of Public Health 46-209 Oasis Street Indio, California 92201 Attention: Don Park V Y 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-0611 CITY OF PALM DESERT October 16, 1980 LEGAL NOTICE REQUEST FOR APPROVAL OF A TWO (2) LOT SUBDIVISION TO ALLOW CONSTRUCTION OF A COMBINATION OF CONDOMINIUMS AND APARTMENT UNITS ON 13.3 ACRES LOCATED AT THE NORTHEAST CORNER OF MAGNESIA FALLS AND PORTOLA AVENUE. CASE NO. TT 16942 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by TRANSCOPIC DEVELOPMENT CORPORATION for approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3. acres within the PR-5 (Planned Residential , 5 d.u./acre maximum density). zone located at the northeast corner of Magnesia Falls and Portola Avenue, more particularly described as: APN 621-400-022 s° OUICR EILV ER aDRIVE II EPL OR IVE W 4 TY 1694z .._. .._//q�•. —. _. . MgGNESIA Fq LLS DRIVES , ,. COMMUNITY PAP K ^ UUTTOSW OA � po RE,[RiSTAN00Y LEVE rU.� SAID Public Hearing will be held on November 5, 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, this proposal would divide a parcel into two lots: parcel 1 for condominium development and parcel 2 for rental apartments. STAN SAWA, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post October 23, 1980 m / 1 I ; 45-276 PRIQLY PEAR LAME.PA111 OESEPT G FORN169Ei60 \ �^ , TELePxoxY lnNE l66-onl >RD 69 99.:A2G141 11/ tq/Fill TU NO'f Ulnl IVIFI ,'iEA-1- - I'iUDf E S'31E.D ` ( I , \F.:+ ' ` IRNF f:N_E:'. IU FORHA1 D —BROWN OLSyER F , etal ' PO BROWN, 1064 Apple Valley, CA 92307 1r � y o ^> q j p cY r T ^ /1i16 PRItItLY PE6p LANE.PPW lE6EAT.GLIPOPNt{9YE60 v TELEPNONE(T14)166-0611 - ✓ ` o r n c ' /`../ U�'•U 1If - fl NI[D' T FV".s .. i Iul v W m 6�a f �1 , ' -.uo su.x I.0, "n ' r > OCCUPANT � m 74450 San olina Dr ci `201 . m Palm Des. t, Ca 92260 K b e:.:�-i �L'� b z o _ . ^CT 1 Y bill PRIGLT PEAR LANE,PALM OE6ERT.GIIPORNU 92260�1 �•N` •-+ .ETI 0 �o\/ TELEPHONE(Tlq NBb611 TO t) 'S � IXI n •r. ' x � — = rcfll3ul� vNn m SUN KING HO ERS ASSN ? — 11661 San Vince.' B;y3. Los Angeles, CA I [OZZG' V3 'olpul Ma{A ulejunoW 909Z8 sµua0 •g ulAueW a. l;. f ^.�-•;•�t:); Ilfq•P�f fMLI1M1W1dTil 1 1 �n, rt..� OmienMaoflR�7nlsn lrna']Mll mennmesuc� 1 4 a qF 1 I I I C8ffi3T dD:X I j b i { • pil _ yF � I PStla 1plpRY FF/P WIC.F.,W 06EPCra11iMPLL�f}aD L � r qq �I 1FIErPOnf(1M1 Nf-OEII 2 ' William Fischer `,.+ ••r^ • 4 c a 9C I i j 71810 San Gorgonio o�n -}: 90 Rancho Mirage, CA 92270 �p 21 A. l - r b W rJ y . � f9-f/aMM6Y PULP LLNF•FYL�If.GWFOPXYOFIW. (�� 3fNOFq l O :.1• `` Ir niPvrlOMe lrIq L18•afn C� DQj r - ; Ga6 L Owens ,� \ ` A 431X Balsam Lane j Palm ert, CA 92260 o ' � .Nn[a+IW WAMI>s4++v+eit+uru� ,w�ww••N['"rrlui'�47RaF!•w�cr•� �- 1 .N.i+'Nr.✓rr+Mw..+.•,. .. .p�,..:a1. 1 �{. � .`1 � I 1. �,, .. .5, • • :..�_, S • ,�� - �� `may' . �'' 1 T ;'. aDJr aa[bna.m.ImacXCEPOIl' • �- N!-[I6 ixIG6Y KAN l..NE•pWI 0E411T,U11i0N1xA0fX0 . � , l TEIl✓x6NE ITMi a1a-6611 ' 6 U S Life Svgs R Loan Assn 41 4th St. U.mt.e6, Hermosa Beach, CA 90254 Amm�axalm� _ " _ ) ftw1kI[tlAM I F V' Nr[ rt[b It, Y c ®u nz 83 m Mac"W'm u.as nnaar nu uxE,wtr 6[6m6ewmunA6iteo iELEFx611ZMQ 346. 611 �'(✓^^ 1 oi2i� i �..• \, 1 ['!JI UhF N 1 dr _J 4h AR r �`''„.c�c) •�`-9 Lo54An0opthyCampbe�z IINAE'FF to ge es, CA 90049 s , 9a-ZIa FAICNLT PMR IANE,MW 06EM.GIIFMNA92M , TREPxONE(114)346-0411 •.4n` h . t BRAGG, CHARLES B., etal Q4° 82597 Miles Ave, A9 1 "Indio, Ca 92201 sa .� � c % SON O • 11 93-Y13 PfIICNLY PEAR LANE,PALM 06ERI,GIIFOflNIA9E160 ! 0 Nc L TELEMONE(7I9)MO-0611 1 R T , o 1 �'1 11940 SFNOre _ Sun King o ners Assn o ' 11661 San Vince Blvd. 1000 ,Los Angeles, CA _ � h n f 9Y2ll PRICKLY PEAR LANE,PAW ORFM,GWORNIA9E260 TELEPxOxE lTla)390-oaN ,' , '. I - Oliver F. Brownf P.O. Be;,106; - ' .' APPIe Valley—CA_.92307 1 1 1 ��'. ,N .T15,.�.1E��0ln, b' sa (I 111E tl iry 4t d r1itMK`Lxsr^I^lwuv+SiY q,RhHI { L V 7 (�n ' iv:,itl' ''jaw x .. . d' M� � '.F .1 a f k 1 } r p tr: , t 1: GS 454M PRIMV PEAR LANE,PAW OES ,"UFORNANM \ - 1 MEPHONE(TH)516-0611 t U 5 Life Svgs & Loan Assn . - '. 41 4th St. UnolmnM_r 51 *- r ' Hernrosa Beath, CA 90254 Rx.mPtetl xm L„N, ! - Rr , low I,wA, y A� ,u ebflN�_ e RARt nmtll In ltlenm e.. 1 r I i li I ®Q.TCb,n= tl' 453 5 PRIENFY PEAR LANE,PA MERT MFORNIAPEMO WLEPHONE(7141 848. 611 - r L.i4rq 1 1 ° O I Iiny 1 I n Diana L. Campbell )uhP 11743 Dorothy R2 - _ r Los Angeles, CA 90049 Ilr ( u ''�-If7, t A u < 1 v i INTEROFFICE MEMORANDUM City of Palm Desert TO: Director of Environmental Services FROM: Acting Director of Public Works SUBJECT: TT 16942 DATE: October 22, 1980 (1 ) No comment. ACK A. CANPBELL ACTING DIRECTOR OF PUBLIC WORKS JAC/ms t 1 o3,t:a' it OO ff nz, d n_nu . aDcDgoc�no-Qb 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 Yv" REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL ` CASE NO: 1T 1694z PROJECT: Tentative Tract Mao APPLICANT: _Transcopic Development Corp. Enclosed please find materials describing a project for which the following is being requested: Approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1 ) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3 acres within the PR-5 (Planned Residential , 5 du/acre maximum density) zone, located at / the Northeast corner of Magnesia Falls and Portola Avenue more particularly described as: APN 621-400-022. 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. 1980, in order to be discussed by the Land Division Committee at Heir meeting of Wernher 79th_ , 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 PROOF OF PUBLICATION (2010s 2015.5 CCP) PROOF OF PUBLICATION OF LEGAL NOTICE TT 16942 I am a citizen of the UnitedCITY OF PALM DESERTLEGAL NOTICE REQUEST FOR APPROVAL OF A TWO(2) LOT SUBDIVISION TO ALLOW CONSTRUCTION OF States and a resident of the A COMBINATION OF CONDOMINIUMSAND APARTMENT UNITS ON 13.3 ACRES LOCAT- ED AT THE NORTHEAST CORNER OR'MAGNESIA FALLS AND PORTOLA AVENUE. County aforesaid : I am over the CASE NO. TT 169,62 NOTICE IS HEREBY GIVEN that o-�PUblic Hearing will be held before the Palm Desert age of eighteen years# and not Planning Commission to consider a request bV TRANSCOPIC DEVELOPMENT CORPORATION for approval of a two (2) lot subdivision to allow construction of thinyytlCht (Jg) condominiuma party LO Or, interested In the unit (lot 1) and apartment units or condominiums to be determined by fhe 1"0 General Plan Update(Lot 2)on 13.3 acres within the PR-5(Planned Residential,5 d.u./acre maximum density) above entitled matter. I am the zone JgWed at the northeast corner of Magnesia Falls and Portola Avenue, more particularly principal clerk of the printer escr as: APN d21-d00-022 of PALM DESERT POSTS a newpaper of general circulations printed and published daily in the r city of Riversides County of Riversides and which newspaper j has been adjudged a newspaper of general circulation by the ` Superior Court of the County of I � s Riversides State of Caai#orhias under date of October 59 19641 Case number 83658: that the notices of which the annexed is ;1&942 a printed copy# has been published G„ 5„ ., . in each regular and entire issue of said newspaper and not in any supplement thereof on the following AHVUVr1T $'" dates# to-wit : P..n" e 10123 11980PIT SAID Public Hearing will be held on November Sg1980,at 7:00 P.M., in the Council Chambers I Certify (or declare) under In the Palm Desert City Hall,dS275 Prickly Pear LonejtPaim Desert,California,atwhich time and place all Interested persons are invited to aMend aA� heard. If approved, this proposal would penalty of perjury that the divide a parcel Into two lots: parcel 1 for condo%1niutn development and Parcel 2 far rental apartments. foregoing is true and correct. STAN SAWA, Acting Secretory Palm Desert Planning Commission POP-10/23 Dated October 23s 1980 at Riversides California CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE, PALM DESERT, CALIFORNIA 92260 TELEPHONE (714) 346-06I1 CITY OF PALM DESERT October 16, 1980 LEGAL NOTICE REQUEST FOR APPROVAL OF A TWO (2) LOT SUBDIVISION TO ALLOW CONSTRUCTION OF A COMBINATION OF CONDOMINIUMS AND APARTMENT UNITS ON 13.3.ACRES LOCATED AT THE NORTHEAST CORNER OF MAGNESIA FALLS AND PORTOLA AVENUE. . CASE NO. TT 16942 NOTICE IS HEREBY- GIVEN that a Public Hearing will be held before the Palm Desert Planning Commission to consider a request by TRANSCOPIC DEVELOPMENT CORPORATION for approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3.acres within the PR-5 (Planned Residential , 5. d.u./acre. maximum density). zone located at the northeast corner of Magnesia Falls and Portola Avenue, more particularly described as: APN 621-400-022 a. AmcunV[] .n[n[ + L e i TT MAGNESIA FALLS DRIVE , COMMUNITY PARR fly - �y - t SAID Public Hearing will be held on November 5, 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, this proposal would divide a parcel into two lots: parcel 1 for condominium development and parcel 2 for rental apartments. STAN SAWA, Acting Secretary Palm Desert Planning Commission PUBLISH: Palm Desert Post October 23, 1980 c . f r J i Sherman A. Smith >• 1508 Eton Place Newport Beach, CA 92660 Sun King Homeowners Assn 11661 San Vincente Blvd. 1000 Los Angeles, CA Marco Polo Mobile Village 15559 Paramount Blvd Paramount, CA 90723 Dame Construction 42555 Portola Ave Palm Desert, CA 92260 Warren E. Rigdon 70345 Placerville Rd. Rancho Mirage, CA 92270 i Charles M. Coleman 1002 21st St Hermosa Beach, CA 90254 • SUN KING HOMEOWNERS ASSN. U S Life Svgs & Loan Assn William R. Forsberg 42510 Granite Place 829 W Huntington Dr. .: 924 E Cypress Ave. Palm Desert, CA 92260 Arcadia, CA 91005 Glendora, CA 91740 i Coachella Valley Water Dist. U S Life Svgs & Loan Assn Charles B. Bra P.O. Box 1058 g 83583 Tourmaline Ave. 82597 Miles Ave #9 Coachella, CA 92236 Indio, CA 92201 Indio, CA 92201 Elmer C. Rigby U S Life Svgs & Loan Assn Ned S. Khorey 2200 Santa Monica Blvd. #109 41 4th St. 402 North Glassell Santa Monica, CA Hermosa Beach, CA 90254 Orange, CA 92666 Desert Sands Unified School Portola Country Club Stanley W. Bowen 83-049 Avenue 46 Homeowners Assn 7 Leda Indio, CA 92201 42500 Portola Or Irvine, CA 92714 Palm Desert, CA 92260 U.S. Life Savgs & Loan Assn. William Fischer Marvin G. Dennis 5220 Wilshire Blvd. 71810 San Gorgonio 82606 Mountain View Los Angeles, CA 90036 Rancho Mirage, CA 92270 Indio, CA 92201 James R. Arthur Lucille Armstrong Harvey J. Pearson 16325 Sierra Ridge Way P.O. Box 1316 34500 Date Palm Dr. Hacienda Heights, CA Palm Desert, CA 92261 Cathedral City, CA 92234 Bruce Wilcox Arthur J. Heatley David A. Mays 43-151 Buttonwood Dr. 74351 Gary Ave 14130 Hart St. Palm Desert, CA 92260 Palm Desert, CA 92260 Van Nuys, CA 91405 U S Life Svgs & Loan Assn Joseph Myers William M. Brown 71501 Halgar Rd. 4532 Rosemont Ave. 74463 Gary Ave. Rancho Mirage, CA 92270 La Crescenta, CA 91214 Palm Desert, CA 92260 U S Life Svgs & Loan Assn Donald Goodenow Oliver F. Brown 642 W. 14th St. 526 Venado Vista P.O. Box 1064 San Pedro, CA 90731 La Canada, CA 91oll Apple Valley, CA 92307 Gary L Owens Jack L. Hayden Robert Mohnsen 43121 Balsam Lane 27942 Ridgecove Ct. 924 W 245th St Palm Desert, CA 92260 Rancho Palos Verdes, CA Harbor City, CA 90710 U S Life Svgs & Loan Assn Edward H. Sells Diana L. Campbell P.O. Box 52g 2319 Rebecca St. 11743 Dorothy #2 Palm Desert, CA 92260 West Covina, CA 91792 Los Angeles, CA 90049 Name of Project: Case Nos. 77-t (Oc4a, OOT05E9 . 19a2 MONTH SUN : MON TUE WED THU FRI SAT X. X. ::. 1 a C N CA'/ UL E CR K D. E6T/ lr BR M 30 M. :O 2 P O .F 8 7 M.P 9 ii1f�1�41J{�N�Id111LNiKi:I:�L:>L: i• P NN NG L9 CO M at/ M sS� EE G ' M TN :00 X..M 1 14 .. ........... ::: :. <.; v r CO NCIL GY X . M.2 2 2 P.ODD 3 ...''>>�"»> ':. >`: � > < > `>> « > <''''���<��� > ....:............................. .................................. 6 N O v D/ /EIS TT� 6ETG N 3 O P.M. O P Legend: � V PdANN/�6- ❑ Indicates Meetings at which project will be discussed. 7.o CpMM. Applicants must attend or project will not be considered. 45 P• ,yEET/NG GtOIT7 O0 IF'a),nnna 45-275 PRICKLY PEAR LANE, PALM DESERT,CALIFORNIA 92260 TELEPHONE (714) 346-0611 REQUEST FOR COMMENTS AND CONDITIONS OF APPROVAL CASE NO: 1T 16942 PROJECT: _Tentative Tract Map APPLICANT: Transcooic Development Corp. Enclosed please find materials describing a project for which the following is being requested: Approval of a two (2) lot subdivision to allow construction of thirty-eight (38) condominium units (lot 1 ) and apartment units or condominiums to be determined by the 1980 General Plan Update (Lot 2) on 13.3 acres within the PR-5 (Planned Residential , 5 du/acre maximum density) zone, located at the Northeast corner of Magnesia Falls and Portola Avenue more particularly described as : APN 621-400-022. 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. nctobPr 74th- , 1980, in order to be discussed by the Land Division Committee at their meeting of , prtnhar �9th_ 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, S(/t�a�n/ S awa Associate Planner SS/pa PLEASE RETURN MAP WITH COMMENTS " . I . h s c 7 lc. CIRCULATION LIST FOR ALL CASES ' / ��2 Circulation of Tentative Maps, Parcel Maps, CUP' S, GPA' s, etc: REVIEW COMMITTEE: �/ 1. Palm Desert Director of Environmental Services- Paul Williams i" 2. ! Palm Desert Director of Building & Safety - Jim Hill 3.� Palm Desert Director of Public Works - L. Clyde_ Beebe Palm Desert Fire Marshall - 8aroe-@r �i 01 C 1)m�fi 5. Robert P, -Brock Office of Road Commissioner and County Surveyor Administration Office Building, Room 313 46-209 Oasis. Street — — Indio, California 92201 (Phone: 347-8511, ext 267) 6. M. A. Ferguson Imperial Irrigation Dist.. Power Div. P. 0. Box 248 Coachella , CA 92236 398-2211 7. Lowell 0. Weeks General Manager - Chief Engineer Coachella Valley County Water District (C.V.C.W.D. ) P. 0. Box 1058 Coachella, California 92236 (Phone: (714) 398-2651) 8. R. J. Lowry Project Development Services California Department of Transportation P. 0. Box 231 San Bernardino, California 92403 (Phone: (714) 383-4671 ) 9. Director of Planning and Building City of Indian Wells 45-300 Club Drive Indian Wells, California 92260 (Phone: 345-2831) 10. Director of Planning City of Rancho Mirage 69-825 Highway 111 Rancho Mirage, California 92270 (Phone: 328-8871) 11. Kermit Martin Southern California Edison Company P. 0. Box 203 Palm Desert, California 92260 (Phone: 346-8660) 12. Al Doody, RC6003 General Telephone Co. P.O. Box 2920 Pomona, CA 91766 (Phone: j 13. R. W. Riddell Engineering Department Southern California Gas Company P. 0. Box 2200 Riverside, California 92506 (Phone: 327-8531, ask for Riverside extension 214) Circulation List for All Cases Page Two 14. Roger Harlow . 'Director - Pupil Personnel Service Desert Sands Unified School District 83-049 Avenue 46 Indio, California 92201 (Phone: 347-4071) Palm Desert Disposal Services , Inc. 36-711 Cathedral Canyon Drive P. 0. Drawer LL Cathedral City, California 92234 (Phone: 328-2585 or 328-4687) 16. Stanley Sayles President, Palm Desert Community Services District 44-500 Portola Avenue Palm Desert, California 92260 (Phone : 346-6338) 17. Regional Water Quality Control Board 73--271 Highway 111 , Suite' 21 Palm Desert, Ca. 92260 (Phone: ) 18. Harold Horsley Foreman/Mails U. S. Post Office :. -. _ Palm Desert, California 92260 (Phone: 346-3864) 19. Joe Benes Vice President & General Manager Coachella Valley Television P. 0. Box 368 Palm Desert, California 92260 (Phone: 346-8157) 20. Don McNeely Brnggideat - Palm Desert Chamber of Commerce NIm Qprert5 ' ' -nia 92260 (Phone: 346-6111) 21. Kevin Manning `Senior Planner Riverside County Planning Commission County Administration Building, Room 304 46-209 Oasis Street Indio, California 92201 (Phone: 347-8511, ext. 277, 278, & 279) 22. James Whitehead Superintendent - District 6 _ State Parks and Recreation 1350 Front Street, Room 6054 San Diego, California 92101 (Phone: (714) 236-7411) 23. Les Pricer Redevelopment Agency 73-677 Highway III Palm Desert, Ca. 92260 (Phone: 346-6920 24. Robert I . Pitchford, Chairman Architectural Committee of the Palm Desert Property Owners Assoc. 73-833 E1 Pasco Palm Desert, Ca. 92260 =�nl� off nE) nz . . 45-275 PRICKLY PEAR LANE, PALM DESERT, CAU FORNIA 92260 TELEPHONE (714) 346-0611 October 7, 1980 Transcopic Development Corporation P.O. Box 1016 Rancho Mirage, CA 92270 Re: TT 16942 71 TO THE APPLICANT: The Department of Environmental Services, Planning Division, has received materials filed on your behalf and assigned the referenced case number(s). Your application(s) will now be reviewed for completness, and unless you are sent a notice to the contrary, the application(s) will be found complete and formally accepted following the close of a thirty (30) day period from the file date. If for any reason the referenced case(s) are found to be incomplete in the required material or information to be submitted with an application, you will be contacted by letter and advised how you may complete the application submittal . Sincerely, STAN SAWA ASSOCIATE PLANNER SS/lr l..iss moo- 11;r r om, s+ v b ' 45-275 PRICKLY PEAR LANE, PALM DESERT CA. 92260 'l&2 U)a�1(02 SUEQ) J 14' U)ZSt R9 ***TENTATIVE SUBDIVISIO��NMAP**�, DEPARTMENT OF ENVIRONMENTAL SERVICES PLANNING DIVISION Transcopic Development Corporation Applicant (please mnt) Post Office Box 1016 (714) 346-5506 Moiling Address Telephone Rancho Mirage, California 92270 City State Zip-Code REQUEST: (Describe specific nature of approval requested) To secure Tentative Map approval for condominium and rental apartment purposes over a 13. 3 t acre parcel containing two (2) lots within the City Limits of Palm Desert. Lot One will be made up of Thirty-eight (38) condominiums. Lot Two will be made up of rental condominiums or apart- ments. The exact design and concept of development of Lot Two will be PROPERTY DESCRIPTION: contingent upon the final decision reached by the upcoming General Plan Update of the City. f Subdivision of a portion of the south Hof teh Northwest ; of section 16 T. 5. S. , RGE, S.B. B&M ASSESSOR'S PARCEL NO. Book 621, Page 40, Parcel 22 EXISTING ZONING PR - 5 Property Owner Authorizaii n THE NDERSIGNEO STATE THAT THEY ARE THE OWNER(S)OF THE PROPERTY DESCRIBED HEREIN AND HEREBY GIVE AUTHOR- 0IZA N FOR THE FILING 0 THIS APPLICATION. W.E. Development Co. , William W. Lo, Partner 10/1/80 S NATURE DATE AGREEMENT PR SOLVING THE CITY OF PALM dESF:RT GF ALL ILITIES IVE TO ANY DEED RESTRICTIONS. I DO BY PAY SIGNATURE ON THIS AGREEMENT, ABSOLVE E CITY OF PALM DESERT OF ALL LIABILITIES REGARDING ANY DEED RES- /I ) TRICTIONS HAT MAY BE APPLICABLE TO THE PROPERTY DESCRIBED HEREIN, 10/1/80 St Nji R -i'lam W. Lo OAT` Applicants Signature 4u 10/1/80 Transcopic Development Corporatio�i;' AuyEWilliam W. Lo, President DATE (FOR STAFF USE ONLY) ENVIRONMENTAL STATUS ACCEPTED BY ❑ MINISTERIAL ACT E.A. No. �•J ❑ CATEGORICAL EXEMPTION CASE No. TT I (DC147, ❑ NEGATIVE DECLARATION q ❑ OTHER REFERENCE CASE NO. ry ` CITY OF PALM DESERT SUPPLEMENTAL APPLICATION FORM TENTATIVE SUBDIVISION MAP Both State Law 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 OF LAND PLANNING APPLICATION ENVIRONMENTAL DIVISION COMMISSION CITY COUNCIL SERVICES REVIEW RECOMMENDS APPROVES OR COMMIT— APPROVAL OR DENIES TEE DENIES REQ. s l' 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. d Department of Environmental Services Form 10 t^' CASE 110. 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 (two 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 (81 " 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 IA- 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 TRANSCOPIC DEVELOPMENT COMPANY DETACH AND RETAIN THIS STATEMENT RANCHO MIRAGE, CALIF. 92270 THE ATTACHEDCHECK IS IN PAYMENTOF ITEMS DESCRIBED BELOW. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY.NO RECEIPT DESIRED. DATE DESCRIPTION AMOUNT 10/2/80 Application fees for Tract 16942 Wedgewood Glen for Tentative Map Application; Fees $250. 00 2 lots at $2 . 50/lot 5. 00 $255. 00 Recording Requested by and When Recorded Mail to : WILLIAM A. HALAMA. ESQ. Greenberg & Glusker 1900 Avenue of the Stars , Suite 2000 Los Angeles, Ca. 90067 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEDGEWOOD GLEN Tract No. 16942 0 LM3B 1 . RECORDING REQUESTED BY AND WHEN RECORDED, RETURN TO: WILLIAM A. HALAMA, ESQ. Greenberg & Glusker 1900 Avenue of the Stars Suite 2000 Los Angeles, California 90067 Declaration of Covenants Conditions and Restrictions WEDGEWOOD GLEN TABLE OF CONTENTS Article page Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 1 Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 .2 Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 3 Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 4 Project . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 .5 Condominium . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 6 Unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 . 7 Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1 .8 Association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1. 9 Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 1.10 Articles; By-Laws 3 1 . 11 Declaration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. 12 Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1 . 13 Condominium Management Documents 3 II . Use Restrictions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 . 1 Residential Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 .2 Alterations . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . 3 2 .3 Commercial Use . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . 3 2 . 4 Signs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 . 5 Lawful Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 6 Temporary Structures . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 7 Recreational Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . .A.- 2 .8 Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 .9 Oil Drilling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 . 15 Trash Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 .11 Television and Radio Antennae 5 i . LM3C Article Page 2 . 12 Storage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . 5 2 . 13 Water Furniture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 2 . T4 Leases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 III . Management by the Association 5 3 . 1 Organization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 3 . 2 Membership . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . 6 3 .3 Voting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 3 . 4 Duties of the Association . . . . . . . . . . . . . . . . . . . . . 7 3 . 5 Powers and Authority of the Association . . . . . . . 7 3 . 6 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 3 . 7 Exterior Maintenance of Buildings and Common Area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 IV. Maintenance Assessments . . . . . . . . . . . . . . . . . . . .: . . . . . . . . 10 4. 1 Covenant to Pay Assessments . . . . . . . . . . . . . . . . . . . 10 4.2 Basis of Regular Assessments . . . . . . . . . . . . . . . . . . 10 4. 3 Special Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 4.4 Rate of Assessment . . .. . . . . . . . . . . . . . . . . . . . . . . . . . 11 4. 5 Date of Commencement of Regular Assessment . . . . 11 4. 6 Certificate of Payment 11 4. 7 Budgets and Financial Statements 12 V. Enforcement of Assessments 12 5 . 1 Delinquency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 5 . 2 Assessment Lien 13 5 .3 Foreclosure of Lien . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 5 . 4 Legal Action . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . 13 VI . Property Rights and Easements . . . . . . . . . . . . . . . . . . . . . . 1g 6. 1 Severance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3�1 6 .2 Rights in Common Area J�L 6. 3 Use by Declarant . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 14 6. 4 . Waiver of Use . . . .'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 Additional Provisions Relating to Common Area 6 Patios, Decks and Balconies 15 .7 Partition and Sale of the Project 15 VII . Damage or Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7. 1 Insurance Proceeds Sufficient . . . . . . . . . . . . . . . . . 16 7.2 Insurance Proceeds Insufficient . . . . . . . . . . . . . . . 16 7 . 3 Assessments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 7 . 4 Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 . 5 Failure to Rebuild . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7 . 6 Interior Repairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 7. 7 Arbitration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 ii . III LM3C Y.. Article page VIII .Rights of Lenders . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . 17 8. 1 Written Notification to 'First Lenders . . . . . . . . . 17 8.2 Exemption from Right of First Refusal . . . . . . . . . 18 8. 3 Liability for Unpaid Assessments . . . . . . . . . . . . . . 18 8. 4 Prior Approval of First Lenders . . . . . . . . . . . . . . . . 18 8. 5 Miscellaneous Provisions for Protection of Lenders. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 8. 6 Violation of Covenants . . . . . . . . . . . . . . . . . . . . . . . . 19 8. 7 Conflict; Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . 19 IX. Default and Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9 . 1 Compliance and Default 20 9 .2 Notice and Hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 9 . 3 Remedies of the Association . . . . . . . . . . . . . . . . . . . 20 9 . 4 Equitable Relief . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . 9 . 5 Violation of Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 . 6 Lawsuits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9 . 7 No Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 X. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10. 1 Binding Effect; Term . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10.2 Nuisance . . . . . . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10.3 Violation of Law 22 10. 4 Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10. 5 Condemnation . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 22 10. 6 Construction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10. 7 Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10. 8 Cumulative .Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 10. 9 Partial Invalidity 23 10. 10 Number; Gender . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . 23 Signature Page . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Notarial Acknowledgment . . . . . . . . . ... LM3C Recording Requested by and When Recorded Mail to: William A. Halama, Esq. Greenberg & Glusker 1900 Avenue of the Stars Suite 2000 Los Angeles, Ca. 90067 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS WEDGEWOOD GLEN WHEREAS, W.E. Developm%Qt�Co. . a general part, new ship ( "Declarant" ) is the owner of certain real property in City of Palm Desert. County of Riversde� 5e f�ornia (the Property" l , more particularly._described .as follows: Lot of Tract. No. 16942, as per map recorded in Book , Pages and of Maps, in the office of the County Recorder of said County; WHEREAS,. Declarant desires and intends to subdivide and develop the Property subject to the covenants, conditions and restrictions set forth in this Declaration; NOW, THEREFORE, Declarant hereby declares that the Property shall be held, conveyed, hypothecated, encumbered, leased, rented, used, occupied and improved subject to the following covenants, conditions and restrictions, all of which are in furtherance of a plan for the subdivision and improvement of the Project and sale of Condominiums therein (as those terms are hereinafter defined) and are established for the purpose, of enhancing and protecting the value, desirability and attractiveness of the Project. All of the covenants, conditions and restrictions herein set forth shall run with the Property and shall be binding on all parties having or acquiring any right, title or interest in the Prop- erty or any part thereof and shall be for the benefit of each Owner of any portion of the Proeprty, or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of such Owners. The Property is intended to be made subject to each and all of the provi- sions of Sections 1350 through 1359 of the Civil Code of California. There has been recorded or will be recorded concurrently herewith a plan (the "Condominium Plan" ) as required by Civil Code §1351, and this Declaration is made in compliance with Civil Code §1355 . LM3E 1. 09280 ARTICLE I Definitions In addition to the terms elsewhere defined herein, the following terms shall have the following meanings whenever used in this Declaration: 1. 1 Declarant. W.E. Development Co . , a .general partnership, its successors and assigns. 1.2 Owner. The record owner, or owners if more than one, of a Condominium, including the Declarant. The vendee or purchaser under an installment land contract shall be deemed to be an owner for the purposes of this definition. 1. 3 Property. Lot _ of said Tract No. 16942 . 1. 4 Project. The surface of the land within the Property, the subsurface below it and the airspace above it, together with . all structures, improvements and fixtures now or hereafter constructed thereon. 1 . 5 Condominium. A condominium as defined in Section 783 of the California Civil Code, being an estate in real property consisting of (a) a separate fee interest in the space within a Unit, and (b) a fractional undivided 1/38th interest as a tenant in common in the Common Area. 1. 6 Unit. The elements of a Condominium which are not owned in common with the other Owners. The boundaries of the Units in the Project are as shown and defined on the Condominium Plan. 1.7 Common Area. The entire Project, except those portions thereof shown and defined as Units on the Condominium Plan. Notwithstanding anything to the contrary in the Condominium Plan, the Common Area includes, with respect to any building schematically or otherwise shown on the Condominium Plan, the following (to the extent that they exist in any building as originally or later erected) : bearing walls, columns, vertical supports, floors, roofs, foundations, beams, balcony railings, patio walls and fences, elevator equipment and shafts, central heating, central refrigeration and central air conditioning equipment, pipes, ducts, flues, central chutes, conduits, wires and other utility installations, wherever located, except the outlets thereof when located within a Unit. As more fully provided in the Condominium Plan and in ParagraphA 6. 6A hereof, the private patios, decks and balconiesA appurtenant to certain of the Units are part of the Common Area. o 1 . 8 Association. Wedqewood Glen Homeowners Association, Inc . a California Corporation. 1. 9 Board. The Board of Directors of the Association. LM3D 2 . 09280 1 . 10 Articles; By-Laws. The Articles of Incorporation and By- Laws of the Association. 1 . 11 Declaration. This Declaration, as from time to time amended. 1 . 12 Mortgage. A mortgage or deed of trust of record encum- bering a Condominium. The beneficiary of such deed of trust or the mortgagee of such mortgage is herein called the "Lender. " 1. 13 Condominium Management Documents. This Declaration, the Articles, the By-Laws and the Association Rules adopted from time to time as provided in Paragraph 3 . 5( f) . ARTICLE II Use Restrictions The use of the Project and each Condominium therein shall be restricted in accordance with the following provisions in addition to all other covenants, conditions and restrictions herein contained: 2 . 1 Residential Use . The Condominiums shall not be used except for residential purposes and for recreational and other purposes incidental to primary residential use. 2 .2 Alterations. No building, fence, wall or other structure or improvement shall be constructed or maintained upon the Project, nor shall any exterior addition, change or alteration be made in, on or to the Project, or any part thereof, nor shall any one other than Declarant make any puncture or other penetration to or through any ceiling in any building located in the Project by any means ( including but not limited to nails, staples, screens, or lamp or plant hangers) , without the prior written approval of the Board. 2 . 3 Commercial Use. No part of the Project shall ever be used or caused, allowed or authorized to be used in any way, direct- ly or indirectly, for any business, commercial, manufacturing, mercantile, storage, vending or other such non-resident pur- pose, except that Declarant may operate a sales, rental and service facility or facilities at a location or locations designated by Declarant in the Project for the purpose of pro-w viding sales, rental or other services with respect to Condo- miniums during the period of Declarant' s sales program; pro- vided that, in exercising such right, Declarant does .not un- reasonably interfere with the use of the . Common .Area by any Owner. The foregoing restriction shall not -affect the right of any Owner to rent or lease his Condominium. 2 .4 Signs. No sign or billboard of any kind shall be display- ed to the public view on any portion of the Project except as herein provided. The Board shall, by way of the Association Rules, adopt approved forms, specifying reasonable dimensions, of "for sale" and "for rent" signs and shall also designate a central location in the Common Area for . posting such signs. Each Owner shall have the right to post one approved "for sale", LM3D 3 . 09280' or "for rent" sign with respect to his Condominium in the designated location. The foregoing restriction shall not apply to signs used by Declarant to advertise the Project during the sales period provided that, in exercising such right, Declarant does not unreasonably interfere with the use of the Common Area by any Owner. 2 . 5 Lawful Use. No noxious, unreasonably offensive or unlawful activity shall be carried on, in or upon any Condominium or any part of the Project, nor shall anything be done thereon which may be, or may become, an unreasonable annoyance or nuisance to the neighborhood, or which shall in any way unreasonably inter- fere with the quiet enjoyment of each of the Owners of his re- spective Condominium, or which shall in any way increase the ^ rate of insurance on the Project or any part thereof. 2 . 6 Temporary Structures. No structure of a temporary charac- ter, trailer, tent, shack, garage or other outbuilding shall be used on the Project at any time as a residence, either temporar- ily or permanently, except as used by Declarant in connection with its sales program on the Project. 2 . 7 Recreational Vehicles. No trailer, camper, recreational vehicle, boat or similar equipment shall be permitted within the Project without the prior written consent of the Board, or except as used by Declarant in connection with its sales program on the Project. 2 . 8 Animals. One - domesticated dog (wei hin less than 35 ounds , cat or other commonly accepte ousehold pet, caged 1rds, and fish in a household aquarium may be kept and main- tained in a Unit, provided such pets are kept for non-commercial purposes, and further provided such pets shall not in the opinion of the Board create an unreasonable annoyance or nui- sance to other Owners. Such pets shall not be permitted in the Common Area except in accordance with the Association Rules. No other animals shall be kept, maintained or permitted on or . in the Project without the written consent of the Board. 2 .9 Oil Drilling. No oil drilling, oil development opera- tions, oil refining, quarrying or mining operations of any kind shall be permitted upon or in the Project, nor shall oil wells, tanks, tunnels or mineral excavations or shafts be permitted upon the surface of the land within the Project or within five hundred (500) feet below such surface. No derrick or other structure designed for use in boring for water, oil or natural gas shall be erected, maintained or permitted upon or in the Project. 2 . 10 Trash Removal . All rubbish, trash and garbage shall be regularly removed from the Condominiums and shall not be allowed to accumulate thereon. All clotheslines, garbage cans and other containers, machinery and equipment shall be kept con- cealed from the view of neighboring Units, streets and the Common Area. LM3D 4. 09280 2 . 11 Television and Radio Antennae. No individual radio or television receiving or transmitting antennae or external apparatus shall be installed on or upon the exterior of any Unit or any portion of the Common Area, except that the Asso- ciation shall maintain in effect either a central antenna system for television and radio (with appropriate external equipment) with connections provided to each Unit via under- ground or internal wall wiring, or alternatively a cable antenna system provided by a company or entity duly licensed to provide such service. 2. 12 Storage. Patios, decks and balconies shall not be used for storage purposes, including but not limited to storage of parcels, boxes, crates, trash, bicycles, motorcycles or other items. The foregoing shall not restrict an Owner from keeping a reasonable amount of outdoor furniture and related items in his patio or balcony. No storage of any kind shall be permit- ted in the Common Area, except in the private storage areas described in Paragraph 6. 8. For example, and not by way of limitation, bicycles shall not be stored outside of a Unit, except in the private storage areas. 2 . 13 Water Furniture. No waterbeds, water-filled or water- supported furniture of any .kind shall be kept, maintained or permitted in any Unit or otherwise in the Project. Owner will be liable for any structural or water damage caused by the violation of this restriction. 2 . 14 Leases. With. the exception of a Lender in possession of a Condominium following a default in a First Mortgage, a fore- closure proceeding or any deed or other arrangement in lieu of foreclosure, no Owner shall lease his Condominium for transient or hotel purposes. No Owner may lease less than his entire Condominium. Any lease agreement shall provide that the terms of the lease shall be subject in all respects to the provisions of this Declaration and the By-Laws and that any failure by the lessee to comply with the terms of such documents shall be a. default under the lease. All leases shall be in writing. Except as provided in this Paragraph, no Owner shall be re- stricted in leasing his Condominium. For purposes of this Declaration, a "lease" shall be defined as any agreement for the leasing or rental of a Condominium. ARTICLE III Management by the Association 3 . 1 Organization. The Association is a nonprofit corporation organized under the Nonprofit Mutual Benefit Corporations Law of the State of California and is 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. In the event of any such inconsistency, the provisions of this Declaration shall prevail. The Board and such officers as the Board may elect or appoint shall conduct the affairs of the Association in accordance with this Declaration, the Articles and the By-Laws as from time to time amended. LM3D 5 . 09280 3 .2 Membership. Each Owner shall be a member of the Asso- ciation and shall have the rights, duties and obligations set forth in this Declaration, the Articles, the By-Laws and the Association Rules as the same may from time to time be amended. If a Condominium is owned by more than one person, each such person shall be a member of the Association. The membership of each Owner in the Association shall be appurtenant to the Condominium giving rise to such membership and shall not be assigned, transferred, pledged, conveyed or alienated in any way except upon the transfer of title to such Condominium, and then only to the transferee of title thereto. Any transfer of title to a Condominium shall operate automatically to transfer the membership in the Association appurtenant thereto to the new Owner thereof. 3 . 3 Voting. (a) The Association shall have two (2 ) classes of voting members as follows: ( 1) Class A members shall be all members with the exception of Declarant. Class A members shall be entitled to one ( 1) vote for each Condominium owned by such member. If a Condominium is owned by more than one person, each such person shall be a member of the Association; however, there shall be only one ( 1) vote for that Condo- minium. (2 ) Class B members shall be Declarant. Declarant shall be entitled to three (3 ) votes for each Condominium owned; provided that the Class B membership shall be. converted into Class A membership and shall forever cease to exist on the earlier to occur of the following events: (A) The total outstanding votes held by Class A members equals the total outstanding votes held by Class B members; (B) The second anniversary of the original issuance by the California Department of Real Estate of the Final Subdivision Public Report for the Project. (b) Any Owner may attend and vote at any meeting of the Association in person or by agent duly appointed by an instrument in writing signed by the Owner and filed with the Board. Any such appointment may be revoked at any time by written notice of the Owner. If there is more than one record Owner, any or all of such Owners may attend any meet- ing of the Association, but it shall be necessary for those Owners present, and any duly appointed agents of Owners not present, to act unanimously in order to cast the vote to which they are entitled. In the event that joint Owners are unable to agree among themselves as to how the vote or votes shall be, cast, they shall lose their right to vote on the LM3D 6. 09280 matter in question. If any Owner(.$) cast( s) a vote repre- senting 4 certain condominium, it will thereafter be conclu- sively presumed that he or they were acting with the author- ity and consent of all other Owners of the same Condominium. 3 . 4 Duties of the Association. The Association, acting through the Board, shall have the obligation to perform each of the following duties: (a) Subject to the provisions of Paragraph 3 . 7, to maintain and otherwise manage all of the Common Area and all facilities, improvements and landscaping thereon, and all property that may be acquired by the Association. (b) To pay utility charges ( including sewer service) with respect to the Common Area and ( if not separately metered or charged) the Units. (c) To obtain and maintain in force the policies of insurance specified in Paragraph 3 . 6. (d) To pay taxes and assessments which are or could become a lien on the Common Area, or any portion thereof. (e) To perform such other., acts, whether or not expressly authorized by this Declaration, as may be reason- ably necessary to enforce any of the provisions of the Condo- minium Management Documents. 3 . 5 Powers and Authority of the Association. The Associa- tion shall have all of the powers of a corporation organized under the Nonprofit Mutual Benefit Corporation Law of the State of California, subject only to such limitations upon the exercise of such powers as are expressly set forth in the Condominium Management Documents. The Association, act- ing. through the Board, shall have the power to do any and all lawful things which may be authorized, required or per- mitted to be done by the Association under the Condominium Management Documents and to do and perform any and all acts which may be necessary or proper for or incidental to the exercise of any of the express powers of the Association, including without limitation the power and authority: (a) To levy assessments on the Owners and to enforce payment of such assessments, all in accordance with the pro- visions of Articles IV and V. (b) To enter into or upon any Unit or the Common Area for the purpose of performing the duties of the Association, enforcing any of the provisions of the Condominium Management Documents or maintaining or -repairing any area required to be maintained by an Owner if for any reason such Owner fails to maintain or repair such area. Any such entrance into a Unit shall be after twenty-four (24) hours' prior written notice, to the Owner, or such greater notice as may be re- quired by any provision hereof; provided, however, that such entrance shall be permitted without any prior notice in the event of an emergency. LM3D 7 . 09280 (c) To commence and maintain actions and suits ( in the name of the Association or in the name of any Owner or Owners who consent thereto) to restrain and enjoin any breach or threatened breach of this Declaration, the By-Laws or any other instrument relating to the management and control of the Project and to enforce, by mandatory injunction or other- wise, all of the provisions of this Declaration, the By-Laws or any such other instrument. (d) To grant and - convey to any third party easements and rights-of-way in, on, over or under the Common Area for the purpose of sharing the use, benefits and costs of the Common Area and for the purpose of constructing, erecting, operating or maintaining thereon, therein or thereunder over- head or underground lines, cables, wires, conduits or other devices for the transmission of electricity for lighting, heating, power, telephone and other purposes, public sewers, storm water drains and pipes, water systems, sprinkling sys- tems, water, heating and gas lines or pipes and any similar public or quasi-public improvements or facilities. (e) To contract for materials and/or services for the Common Area or the Association, subject only to the express limitations set forth in the. By-Laws. (f) By a majority vote of the Board, to adopt, amend, enforce and repeal such rules and regulations as the Board shall determine to be necessary or proper for the operation of the Project (the "Association Rules" ) . The Association Rules shall govern the use of the Common Area by any Owner, by the family of such Owner or by any invitee, licensee or lessee of such Owner; provided, however, that the Association Rules may not discriminate among Owners and shall not be inconsistent with this Declaration, the Articles or the By- Laws. A copy of the Association Rules as they may from time to time be adopted, amended or repealed shall be mailed or otherwise delivered to each Owner. Upon such mailing or delivery, the Association Rules shall have the same force and effect as if set forth in this Declaration. 3 . 6 Insurance . (a) The Association shall obtain and maintain in force comprehensive public liability insurance insuring the Asso- ciation, any manager, the Declarant and the Owners, and the agents and employees of each, against any liability incident to the ownership or use of the Common Area and including, if obtainable, a cross-liability endorsement insuring each in- sured against liability to each other insured. The limits of such insurance shall not be less than $1, 000,000 for death of or injury to any one person and $3 , 000, 000 for death of or injury to more than one person in any one occurrence, and $100, 000 for property damage in any one occurrence. (b) The Association shall also obtain and maintain in force a master or blanket policy of fire insurance for the full insurable value, of all of the improvements within the Project. Such policy and any endorsements thereon shall be in the form and content, for such term and in such company as may be satisfactDry to any Lender, and, if more than one LM3D 8. 09280 Lender has a loan of record against the Project .or any part thereof, such policy and endorsements shall meet the maximum standard of the various Lenders represented in the Project. Such policy shall contain extended coverage and replacement cost endorsements, if available, and may also contain vandal- ism and malicious mischief coverage, special form endorse- ment, stipulated amount clause and a determinable cash adjustment clause, or a similar clause to permit cash settle- ment covering full value of the improvements in the event of partial destruction and decision not to rebuild. Such policy shall be in such amounts as shall be determined from time to time by the Board, shall name as insured the Association, the Owners and Declarant, so long as Declarant is the Owner of any of the Condominiums, and all Lenders as their respec- tive interests shall appear and shall contain a loss payable endorsement in favor of the Board. (c) All insurance proceeds payable under Paragraph 3 . 6(b) , and subject to the rights of the Lenders under Para- graph 3 . 6(f) , shall be paid to the Board to be held and ex- pended for the benefit of the Owners, Lenders and others as their respective interests shall appear. In the event repair or reconstruction is authorized, the Board shall have the duty to contract for such work as provided for herein. (d) The Board may purchase and maintain in force de- molition insurance in adequate amounts to cover demolition in the event of total or partial destruction and decision not to rebuild. The Board shall also purchase and maintain worker' s compensation insurance, to the extent that the same shall be required by law, for all employees of the Project. The Board may also purchase and maintain fidelity bonds, insurance on ' commonly-owned personal property, directors' liability insurance (errors and omissions) and such other insurance as it deems necessary. (e) An Owner may carry such personal liability and property damage insurance respecting his Unit and the con- tents thereof as he may desire. (f) With respect to insurance coverage under Paragraph 3 . 6(b) , any Lender shall have the option to apply insurance proceeds payable to him in reduction of the obligation se- cured by his Mortgage. 3 . 7 Exterior Maintenance of Buildings and Common Area. ( a) The Association shall provide exterior maintenance of each building within the Project which houses the Units, which maintenance shall include and be limited to painting, maintaining, repairing and replacing roofs, gutters, down- spouts and exterior building surfaces, when and if required by reason of normal wear and tear or deterioration; mainten- ance of landscaping within the Common Area, including trees, shrubs, grass, walkways and sprinkler systems; and mainten- ance of all recreational facilities and related improvements included in the Common Area. The Association shall also maintain all hallways, corridors, entryways, stairways, ele- vators and other common interior areas of such buildings. LM3D 9 . I 09280 (b) Each Owner shall be responsible for the maintenance and repair of the interior of his Unit; all glass surfaces included in, attached or appurtenant to his Unit; all doors (except for the outside painting of exterior doors which shall be .the responsibility of the Association) , doorknobs, locks, and unit security systems included in, attached or appurtenant to his Unit; the plumbing and electrical systems servicing his Unit and located from the angle stop to the plumbing fixture and from the breaker box to the electrical fixture or outlet, as the case may be, in his Unit; and all appliances and equipment located in his Unit. Each Owner shall also maintain his patio, deck or balcony ( as provided in Paragraph 6.6) . n (c) If an .Owner shall .fail to perform such maintenance or mate such repairs or replacements as are his responsibil- ity, "then, upon the vote of a majority of the members of the Board, after proper notice and the opportunity to be heard in the manner described in Paragraph 9 .2 , the Association shall have the right (but not the obligation) to enter into such Owner' s Unit and provide such maintenance or make such repairs or replacements and add the cost thereof to the assessments chargeable to such Owner. ARTICLE IV Maintenance Assessments 4. 1 Covenant to Pay Assessments. Declarant covenants for each Condominium owned, and each Owner other than Declarant; by acceptance of a deed to a Condominium, shall be deemed to covenant to ' pay regular assessments and special assessments levied as hereinafter provided. The regular and special as- sessments, together with interest and costs of collection as hereinafter provided, shall be a charge on the real property and shall be a continuing lien upon the Condominium against which each such assessment is made. Each such assessment, together with such interest and costs, shall also be the personal obligation of the person who was the Owner of such Condominium at the time such assessment became due and payable. 4.2 Basis of Regular Assessments. (a) At least sixty (60) days prior to the beginning of each fiscal year, the Board shall estimate the charges re- quired to be paid by the Association in performing its func- tions for the Project during such year, including reasonable reserves and less any surplus from the prior year' s fund (the "Estimated Cash Requirement" ) . All Owners shall be assessed during the last month of each fiscal year with 1/38th of the Estimated Cash Requirement for the following year. Except as herein otherwise provided, each Owner shall pay assessments levied pursuant to this Article to the Asso- ciation in equal monthly installments on the first day of each month commencing on the first day of the first calendar month following the assessment, commencing on the date set forth in Paragraph 4. 5 . LM3D 10. 09280 (b) Any assessments levied and which become payable with respect to a Condominium prior to the initial sale thereof by Declarant shall be the obligation of Declarant as the Owner thereof. (c) All funds collected hereunder, together with special assessments or charges elsewhere provided for in this Declaration, shall be controlled by the Declarant prior to the organizational meeting of the Association and there- after by the Board. (d) The Board may not impose a regular assessment which is more than twenty percent (20%) greater than the regular assessment for the immediately preceding fiscal year without the vote or written assent of ( a) a majority of each class so long as there are two classes of voting membership, and (b) thereafter, a majority of the voting power of the Associ- ation residing in Owners other than Declarant. 4.3 Special Assessments. In addition to the regular assess- ments authorized above, the Board may levy in any fiscal year special assessments for the purpose of defraying, in whole or in part, the cost of any construction or reconstruc- tion or unexpected repair _or replacement of a capital im- provement upon the Common Area, including the necessary fix- tures and personal property related thereto, or for any other action or undertaking on behalf of the Association for which the regular assessments are inadequate; provided, however, that no such special assessment which in the aggregate ex- ceeds five percent (5%) of the budgeted gross expenses of the Association for that fiscal year may be levied without the vote or written assent of (a) a majority of each class, so long as there are two classes of voting membership, and (b) thereafter, a majority of the voting power of the Associ- ation residing in Owners other than Declarant. The foregoing provisions and limitations with respect to special assess- ments shall not apply in any case where a special assessment against an Owner is a remedy utilized by the Board to reim- burse the Association for costs incurred in bringing an Owner and his Condominium into compliance with provisions of this Declaration or the Association Rules or By-Laws. 4. 4 Rate of Assessment. Regular and special assessments shall be equally apportioned among the Owners, and each Owner shall be assessed with 1/38th the regular and special assess- ments, except as provided in Paragraphs 4. 3 , 7 .3 , and 9 . 3 . 4. 5 Date of Commencement of Regular Assessments . The . regular assessments provided for herein shall commence as to all Condominiums on the first day of the month following the conveyance of the first Condominium to an Owner other than Declarant. 4. 6 Certificate of Payment. The Association shall, within ten ( 10) days after demand and upon payment of a reasonable fee not to exceed $25, furnish a certificate signed by an officer of the Association stating whether assessments on a Condominium have been paid. LM3D 11 . 09280 4.7 Budgets and Financial Statements. (a) Financial statements for the Association shall be regularly prepared, and copies shall be distributed to each member of the Association as follows: ( 1) A pro forma operating statement (budget) for each fiscal year shall be distributed not less than sixty ( 60) days before the beginning of the fiscal year. (2 ) A balance sheet as of an accounting date which is the last day of the month closest in time to six (6) months from the date of closing of the first sale of a Condominium in the Pro- ject, and an operating statement for the period from the date of the first closing to the said accounting date, shall be distributed within sixty ( 60) days after the accounting date. This operating statement shall include a . schedule of assessments received and receivable, identified by Condominium address and name of Owner assessed. (3 ) . An annual report consisting of the following shall be distributed within one hundred twenty ( 120) days after the close of the fiscal year: A balance sheet as of the end of the fiscal year, an operating ( income) statement for the fiscal year, a statement of changes in financial position for the fiscal year and any information required to be re- corded under California Corporations Code Section 8322 . (b) The Board shall cause an external audit to be per- formed by an independent public accountant for fiscal year financial statements (other than budgets) for any fiscal year in which the gross income of the Association exceeds $75, 000. If the fiscal year financial statement (other than the budgets) is not prepared by an independent public accountant, it shall be accompanied by the certificate of an authorized officer of the Association that the statement was prepared without audit from the books and records of the Association. ARTICLE V Enforcement of Assessments 5 . 1 Delinquency. Any assessment provided for in this Declaration which is not paid when due shall be delinquent. With respect to each assessment not paid within fifteen ( 15) LM3D 12 . 09280 days after its due date, the Association may, at its elec- tion, require the Owner to pay a late payment charge in a sum to .be determined by the Association, but not to exceed the .greater of (a) six percent (6%) of the delinquent assessment or (b) Five Dollars ($5 . 00) . If any such assess- . ment is not paid within thirty (30) days of the delinquency date, the assessment shall bear interest from the date due at the rate of twelve percent ( 12%) per annum. 5 . 2 Assessment Lien. Any delinquent assessment or assess- ments, together with interest and late charges in accordance with Paragraph 5 . 1, shall be and become a lien upon the Con- dominium against which such delinquent assessment or assess- ments were levied upon the recording of a Notice of Assess- ment (including a statement of the amount of assessment and such other charges thereon as are authorized by this Declara- tion, a description of the Condominium against which the same has been assessed and the name of the. record Owner thereof) in the Riverside County Recorder' s Office as provided in Section 1356 of the Civil Code of California. Such notice shall be signed by an authorized representative of the Board. A Notice of Assessment shall not be recorded until fifteen ( 15) days after the delivery to the delinquent Owner of a written notice of default and demand to cure such default and unless the delinquent Owner shall have not cured the default within such fifteen ( 15) day period. Each time a Notice of Assessment is recorded, there shall be added thereto a sum of Ten Dollars ($10. 00) as compensation for the trouble and expense of collection. Upon payment of the assessment or other satisfaction thereof, the Board shall cause to be recorded a further notice stating the satisfac- tion and release of the lien. 5 . 3 Foreclosure of Lien. The Association or its agent may enforce any lien ,established pursuant to Paragraph 5 .2 by sale, such sale to be conducted in accordance with the provi- sions of Sections 2924, 2924b and 2924c of the Civil Code, applicable to the exercise 'of powers of sale in mortgages and deeds of trust, or in any other manner permitted by law. In the event the enforcement of such lien is by action in court, reasonable attorneys' fees shall be allowed to the extent permitted by law. In the event of enforcement in the manner provided by law for the exercise of powers of sale in mortgages and deeds of trust, the Association shall be entitled to actual expenses and such fees as may be allowed by law or as may be prevailing at the time the sale is con- ducted. If any such default is cured prior to sale or other enforcement of such lien, the Board shall cause to be re- corded a certificate setting forth the satisfaction and re- lease of such lien upon payment by the delinquent Owner of actual expenses incurred by the Association, including reasonable attorneys' fees. 5 . 4 Legal Action. In addition to the right of lien herein set forth, the Association may bring a suit at law against a delinquent Owner to enforce his assessment obligation. Any judgment rendered in such an action shall include a sum for reasonable attorneys' fees in such amount as the court may adjudge against the delinquent Owner. LM3D 13 . 09280 ARTICLE VI Property Rights and Easements 6. 1 Severance. The undivided interests in the Common Area and the fee title to the respective Units conveyed therewith shall not be separate or separately conveyed, and no Owner shall voluntarily sever such component interests which com- prise his Condominium, except as provided in Paragraph 6. 7. Each such undivided interest in the Common Area shall be deemed to be conveyed or encumbered with its respective Unit, even though the instrument of conveyance or encumbrance may refer only to the fee title to the Unit. 6. 2 Rights in Common Area. Every Owner, together with his family and other persons residing in his Unit, shall have a right and non-exclusive easement for ingress, egress, use and enjoyment in, to, over and through the Common Area. Such easements shall be appurtenant to and shall pass with the title to each Condominium and shall be subject to the provisions of the Condominium Management Documents and matters of record. 6.3 Use by Declarant. Declarant, its sales agents and re- presentatives shall have a non-exclusive easement and right to use the Common Area and the facilities thereon for display and exhibit purposes in connection with the sale of Condomin- iums, which easement and right Declarant hereby reserves; provided, however,, that such use shall not be for more than three (3 ) years after the conveyance of the first Condominium and that no such use by Declarant, its sales agents or repre- sentatives shall unreasonably restrict the Owners in their use and enjoyment of the Common Area or recreational facil- ities thereon. 6. 4 Waiver of Use. No Owner may exempt himself from per- sonal liability for assessments duly levied by the Associa- tion or release the Condominium owned by him from the liens and charges hereof by waiver of the use and enjoyment of the Common Area and recreational facilities thereon or by aban- donment of his Condominium. 6. 5 Additional Provisions Relating to Common Area. (a) If any portion of the Common Area encroaches upon a Unit, there shall be a valid easement for the encroachment and for the maintenance thereof so long as it exists. In the event a structure is partially or totally destroyed and then rebuilt, the Owners agree that minor encroachments on parts of the Common Area due to construction shall be per- mitted and that valid easements for such encroachments and the maintenance thereof shall exist. (b) The Common Area shall be subject to easements for minor encroachments thereon of a Unit and a non-exclusive easement for ingress, egress and support through the Common Area shall be appurtenant to each Condominium. LM3D 14. 09280 (c) Each Condominium shall be conveyed to Owners other than Declarant and thereafter held by such Owners subject to any and all easements of record at the time of the initial conveyance of such Condominium to an Owner other than Declar- ant. for the use and benefit of the several authorized public and/or other utilities including, but not limited to, ease- ments for cable television, sanitary sewer, water, gas, elec- trical and drainage facilities and no Owner shall damage or interfere with the installation and maintenance of such util- ities, in any manner change the direction or flow of drainage channels in any such easements or in any manner obstruct or retard the flow of water through drainage channels in any such easements. (d) Easements on, over. and under the Project for the installation and maintenance of electric, telephone, water, gas and sanitary sewer lines and facilities, and for drainage facilities, as shown on the recorded map of the Project, and as may be hereafter required or needed to service the Project, are hereby reserved by Declarant, together with the right to grant and transfer such easements. A [Parking provision deleted] 6. 6 Patios, Decks and Balconies . Certain Condominium Units have appurtenant thereto a private patio, deck or balcony, as shown on the Condominium Plan. Such patios, decks or balconies shall be deemed to be a part of the Common Area. Each Condominium which has an appurtenant patio, deck or balcony is hereby granted an exclusive easement for the use and enjoyment . of said patio, deck or balcony and the respec- tive Owners of each such Condominium shall at all times main- tain said patio, deck or balcony at his or her expense . ^[Storage Areas provision deleted] 6. 7 Partition and Sale of the Project. An action may be brought by one or more Owners for partition of the Common Area by sale of the entire Project as if the Owners of all of the condominiums in the Project were tenants in common of the entire Project in the same proportions as their interests in the Common Area; provided', however, that a partition shall be made only upon a showing of one of the following: (a) The existence of one or more of the conditions set forth in Section 1354 of the California Civil Code or Sec- tion 752 (b) of the California Code of Civil Procedure; or (b) Two (2 ) years after damage or destruction to the ° Project renders a material part thereof unfit for its use, the Project has not been rebuilt or repaired substantially to its state prior to its damage or destruction; or (c) One-half ( 1/2 ) or more of the project has been destroyed or substantially damaged, and Condominium Owners holding in aggregate more than a fifty percent (50%) interest in the Common Area are opposed to repair or restoration of the Project; or (d) The structure has been in existence in excess of the number of years shown on the following table, it is obsolete and uneconomic and the percentage of Condominium Owners holding in aggregate a percentage interest in the Common Area as set forth in the following table are opposed to repair or restoration of the Project. LM3D 15 . 09280 Percentage of Interest in Common Areas held by Age of Structure Condominium Owners 30 years 70 percent 40 years 60 percent 50 years 50 percent 60 years 40 percent 70 years 30 percent For purposes of this Article, multiple Owners of a single Unit shall not be deemed possessed, in the aggregate, of any greater interest in the Common Area than that possessed by a single Owner. ARTICLE VI Damage or Destruction 7. 1 Insurance Proceeds Sufficient. In the event of damage to or partial destruction of the improvements in the Project, and if the available proceeds of the insurance carried pursu- ant to Paragraph 3 . 6 hereof are sufficient to cover not less than eighty-five percent (85%) of the cost of repair or reconstruction thereof, the damage or destroyed improvements shall be promptly repaired and rebuilt unless, within ninety (90) days from the date of such damage or destruction, at a duly constituted meeting of the Association, Owners repre- senting seventy-five percent (75%) of the total voting power of the Association determine that such repair and reconstruc- tion shall not take place. 7 .2 Insurance Proceeds Insufficient. If the available pro- ceeds of such insurance are less than eighty-five percent (85%) of the cost of repair or reconstruction, such repair or reconstruction may nevertheless take place if, within ninety (90) days from the date of such damage or destruction, Owners representing a majority of the total voting power of the Association so elect at a duly constituted meeting of the Association. 7. 3 Assessments. If the Owners determine to rebuild pursu- ant to either Paragraph 7 . 1 or Paragraph 7 .2 above, each Owner shall be obligated to contribute such funds as may be necessary to pay his proportionate share of the cost of reconstruction over and above the insurance proceeds . The proportionate share . of each Owner shall be levied upon the basis of the ratio of the square footage of the floor area of the unit to be assessed to the total square footage of all of the units to be assessed. In the event of the failure or refusal of any Owner to make his proportionate contribu- tion, the Board may levy a special assessment against such Owner and enforce such assessment as provided in Article V hereof. LM3D 16 . 09280 7. 4 Contractor. If the Owners determine to rebuild, the Board shall obtain bids from at least two (2 ) reputable con- tractors and award the reconstruction work to the lowest bidder. The Board shall have the authority to enter into a written agreement with such contractor for such reconstruc- tion, the insurance proceeds to be disbursed by the Board pursuant to Paragraph 3 . 6. The Board shall take all neces- sary actions to assure the commencement of such reconstruc- tion within one hundred twenty ( 120) days after such destruc- tion and the diligent prosecution of such reconstruction to completion. 7. 5 Failure to Rebuild. If rebuilding shall not be author- ized either pursuant to Paragraph 7 . 1 or Paragraph 7.2 above, any available insurance proceeds shall be distributed in equal shares among the Owners of the damaged improvements ( including the Association with respect to the Common Area) and their Lenders, as their interest may appear, in propor- tion to the fair market value of each Unit as compared to the total fair market value of all Units as determined by an independent appraisal of the Project made by a member of the American Institute of Real Estate Appraisers as of a date immediately prior to the destruction. If the affected Owners, are unable to agree upon an appraiser to make such appraisal, then the appraiser shall be named by the Superior Court of the county in which the project is located. 7. 6 Interior Repairs. Any reconstruction undertaken pursu- ant to the foregoing provisions shall cover only the exterior and structural components of the damaged or destroyed Condo- miniums and such other damage to such Condominiums as may be covered by insurance maintained by the Association. If a destroyed Condominium is so rebuilt, the Owner of such Condo- minium shall be obligated to repair and rebuild the damaged portions of the interior of his Unit in a good and workman- like manner at such Owner' s expense . 7. 7 Arbitration. In the event of a dispute among the Owners with respect to the provisions of this Article, any Owner may cause such dispute to be referred to arbitration in accordance with the then prevailing rules of the American Arbitration Association. In the event of arbitration, notice thereof shall be given to the Board and all other Owners within ten ( 10) days after reference to arbitration, and all Owners shall have an opportunity to appear in such arbitra- tion proceedings. The decision of the arbitrator shall be final and conclusive upon all Owners. The arbitrator may include in his decision an award of costs and/or attorneys' fees against any one or more parties to the arbitration. r ARTICLE VIII Rights of Lenders 8. 1 Written Notification to First Lenders. The holder of a first Mortgage ( ' First Lender" ) encumbering a Condominium shall be entitled, upon request made to the Board, to written notification from the Board of any default by the Owner in the performance of such Owner' s obligations under the LM3D 17 . 09280 Condominium Management Documents which is not cured within sixty (60) days. 8.2 Exemption from Right of First Refusal . Any "right cif first refusal ' which may hereafter be contained in the Condo- minium Management Documents shall not impair the rights of a First Lender to: ( a) Foreclose or take title to a Condominium pursuant to the remedies provided in the Mortgage; or (b) Accept a deed (or assignment) in lieu of foreclo- sure in' the event of default by a mortgagor or trustor; or (c) Interfere with a subsequent sale or lease of a Condominium so acquired by the Lender. 8 . 3 Liability for Unpaid Assessments. Any First Lender who obtains title to a Condominium pursuant to the remedies pro- vided in the Mortgage or foreclosure of the Mortgage shall not be liable for unpaid assessments or charges against the Condominium which accrue prior to the acquisition of title to such Condominium by the Lender. Notwithstanding the foregoing, the transfer of title to a Condominium pursuant to the remedies provided in the Mortgage, or . foreclosure of the Mortgage, shall not relieve the new Owner, whether any First Lender or another person, from liability for any assessment thereafter becoming due.or from the lien thereof. 8. 4 Prior Approval of First Lenders . Unless at least two- thirds (2/3 ) of the First Lenders (based upon one vote for each Mortgage owned) or at least two-thirds (2/3 ) of the Owners except Declarant, have given their prior written approval, the Association shall not: (a) By act or omission, seek to abandon or terminate the Condominium regime; (b) Change the pro rata interest or obligations of any Condominium for purposes of (i ) levying assessments or char- ges or allocating distributions of hazard insurance proceeds of condemnation awards, or (ii ) determining the pro rata share of ownership of each Condominium in the Common Area; (c) Partition or subdivide any Condominium; (d) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Area. The granting of easements for public utilities or for other public purposes consistent with the intended use of the Com- mon Area as part of the Project shall not be deemed a trans- fer within the meaning of this clause; (e) Use hazard insurance proceeds for losses to any Condominium (whether to Units or to the Common Area') for other than the repair, replacement or reconstruction of such ,improvements, except as provided by statute in case of sub- stantial loss to the Units and/or Common Area of the Project. LM3D 18. 09280 8.5 Miscellaneous Provisions for Protection of Lenders. ( a) First Lenders shall have the right to examine the books and records of the Association. (b) Assessments shall include an adequate reserve fund for maintenance, repairs and replacement of Common Area im- provements that must be replaced on a periodic basis and shall be payable as part of the regular assessments rather than by special assessments. (c) All taxes, assessments and charges which may become liens prior to any first Mortgage under local law shall relate only to the individual Condominiums and not to the Project as a whole. (d) No provision of the Condominium Management Docu- ments shall give an Owner or any other party priority over any rights of First Lenders pursuant to their Mortgages in the case of a distribution to Owners of insurance proceeds or condemnation awards for losses to or a taking of. Units and/or Common Area. (e) Any agreement for professional management of the Project or any other contract providing for services by Declarant shall provide for termination by either party with- out cause or payment of a termination fee on ninety (90) days' or less written notice and a contract term of not in excess of three (3 ). years. (f) If requested by any First Lender, the Board shall give notice in writing to such First Lender of any loss to or taking of the Common Area if such loss or taking exceeds $10, 000 or if damage to the Unit in which such First Lender holds a security interest exceeds $1, 000. 8. 6 Violation of Covenants. No breach of the covenants, conditions or restrictions herein contained, or the enforce- ment .of any lien provisions herein, shall defeat or render invalid the lien of any Mortgage made in good faith and for value. All of such covenants, conditions and restrictions shall be binding upon and effective against any Owner whose title is ,derived through foreclosure, trustee' s sale or otherwise. 8. 7 Conflict; Amendment. If there is any conflict between any provision of this Article VIII and any other provision in this Declaration, the By-Laws or the Association Rules, the provisions of this Article VIII shall control. No amend- ment to this Article VIII shall affect the rights of a Lender whose Mortgage was recorded prior to the recording of the amendment, unless the Lender shall join in the execution of or consent in writing to the amendment. LM3D 19 . 09280 ARTICLE IX Default and Remedies 9. 1 Compliance and Default. Each Owner, by acceptance of a , deed to a Condominium, shall be deemed to covenant and agree to comply strictly with all applicable terms and provisions of the Condominium Management Documents. If any Owner, mem- bers of his family, his guests or invitees or a tenant of his Condominium fails to comply with any such terms and pro-; visions of the Condominium Management Documents, the Associ- ation shall have the rights and remedies hereinafter pro- vided. 9 .2 Notice and Hearing. ( a) No discipline shall be imposed upon an Owner pursu- ant to Paragraph 9 .3 until a hearing has been held by the Board. Written notice of the hearing shall be mailed to the Owner not less than fifteen ( 15) days and not more than thirty (30) days prior to the date of such hearing by first class or registered mail at his last known address as shown in the Association' s records. The notice shall specify the grounds of complaint against the Owner and the time, date and place the hearing will be held. The notice shall further inform the Owner that he will have, the right to be heard in his own defense and that after the hearing, the Board will determine whether any discipline should be imposed and, if so, the extent of the discipline. (b) The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons ordinarily rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. (c) The Owner shall have the right to testify in his own behalf, to call and examine witnesses, to introduce exhibits, to rebut the evidence against him, and to present such oral and written evidence and argument as he wishes. 9 . 3 Remedies of the Association. (a) If, after a hearing held in accordance with the provisions of Paragraph 9 . 2, the Board finds that the Owner has failed to comply with the Condominium Management Docu- ments, the Board may, but need not, impose the following discipline: ( 1) For an Owner' s first infraction, the Board may suspend the Owner' s voting rights and rights to use recreational facilities for a period of not more than one month. LM3D 20 . 09280 (2 ) For each succeeding infraction, the Board may suspend the Owner' s voting rights and rights to use the recreational facilities for up to a total period of time equal to one month plus one month >for each prior infraction that the Owner has committed. (3 ) The Board may, in addition to or in lieu of the suspensions provided for above, impose a special assess- ment and/or a fine for an Owner' s first or any subsequent violation of the Condominium Management Documents . The maxi- mum amount of fine that may be imposed shall be fixed from time to time by the Board and included in the Association Rules. Such fine may vary depending on the number of prior infractions by an Owner and/or the severity of the infraction for.which the fine is imposed. (b) The Board shall inform the Owner by written notice of its decision and the discipline imposed, if any, within ten ( 10) days after the date of the hearing. (c) Any action challenging an expulsion, suspension or termination of membership, including any claim alleging defective notice, must be commenced within one ( 1 ) year after the date of the expulsion, suspension or termination. In the event such, an action is successful the court may order any relief, including reinstatement, it finds equitable under the circumstances, but no vote of the Members or of the Directors may set aside solely because a person was at the time of the vote wrongfully excluded by virtue of the challenging expulsion, suspension or termination, unless the court finds further that the wrongful expulsion, suspension or termination was in bad faith and for the purpose, and with the effect, of wrongfully excluding the Member from the vote or from the meeting at which the vote took place, so as to affect the outcome of the vote. 9: 4 Equitable Relief. Every act or omission whereby any provision of the Condominium'Management Documents is violated in whole or in part may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declar- ant, the Association or any Owner. 9 . 5 Violation of Law. Any violation of any state, municipal or local law, ordinance or regulation pertaining to the ownership, occupation or use of the Project or any part thereof is hereby declared to be a violation of this Declara- tion and subject to any or all of the enforcement procedures set forth herein. 9. 6 Lawsuits. The Association shall have the power and authority from time to time in its own name, on its own behalf or on behalf of any Owner or Owners who consent there- . to to commence and maintain actions and suits to restrain and enjoin any breach or threatened breach of the Condominium Management Documents and to enforce, by mandatory injunction or otherwise, all of the provisions of the Condominium Man=,cement Documents. LM30 21 . 09280 9 . 7 No Waiver. The failure of the Board, the Association, Declarant or any Owner to enforce any right, provision, cov- enant or condition of the Condominium Management Documents shall not constitute a waiver of the right of such parties to enforce such right, provision, covenant or condition in the future. ARTICLE X General Provisions 10. 1 Binding Effect; Term. The covenants, conditions and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by the Asso- ciation 'or any Owner, their respective legal representatives, heirs, successors and assigns. Each and all of the cove- nants, conditions and restrictions, of this Declaration shall continue in force for a period of forty (40) years from the date this Declaration is recorded, after which time said covenants, conditions and restrictions shall be automatic- ally extended for successive periods of ten ( 10) years unless seventy-five percent (75%) of the Owners shall have executed and recorded, within six (6) months prior to the end of said forty, (40) year period or any subsequent ten ( 10) year period, an instrument by which it is agreed that said cove- nants, conditions and restrictions shall terminate at the end of said forty (40) year period or said subsequent ten ( 10) year period, as the case may be. 10.2 Nuisance. Every act or omission whereby any provision of the Declaration is violated, in whole or in part, is hereby declared to be a nuisance and may be enjoined or abated, whether the relief sought is negative or affirmative action, by Declarant, the Association or any Owner. 10. 3 Violation of Law. Any violation of any state, muni- cipal, or local law, ordinance or regulation pertaining to the ownership, occupation or use of the Project or any part thereof is hereby declared to be a violation of this Declaration and subject to any or all of the enforcement procedures set forth herein. 10. 4 Amendments. Subject to the provisions of Paragraph 8. 7 respecting rights of Lenders, this Declaration may be amended only by ( a) the affirmative vote or written consent of seventy-five percent ( 75%) of each class of membership, so long as there are two classes of voting membership, and (b) thereafter, the affirmative vote or written assent of Owners representing both (i ) seventy-five percent (75%) of the total voting power of the Association and (ii ) a major- ity of the voting power of the Association residing in Owners other than Declarant. 10. 5 Condemnation. If all or part of the Project is con- demned by any governmental body having the right of eminent domain, the condemnation award shall be distributed among the affected Owners and their respective lenders according to the relative values of the condominium units affected by the condemnation, as determined by independent appraisal, LM3D 22 . 09280 unless the judgment of condemnation shall, by its terms, otherwise apportion such compensation. 10. 6 Construction. The provisions of this Declaration shall be liberally construed to effectuate the purpose of creating a uniform plan for the development of a condominium residen- tial community and for the maintenance of common recreational facilities and a Common Area. The Article and Paragraph headings have been inserted for convenience only and shall not be considered or referred to in resolving questions of interpretation or construction. 10. 7 Notices. Any written notice or other document relating to or required by this Declaration may be delivered either personally or by mail . If delivered by mail, such notice or document shall be deemed to have been delivered and received twenty-four (24) hours ' after a copy thereof has been deposited in the United States mail, postage prepaid, addressed as follows: (a) If to the Association, at (b) If to an Owner, to the address of any Condominium owned, in whole or in part-, by him or to any other address last furnished by an Owner to the Association. (c) If to Declarant, at W.E. Development Co. , 232 Serena Drive, Palm Desert�California 92260i Any such address may be changed at any time by the party concerned by delivering a written notice of change of address to the other parties . Each Owner shall file his or her correct mailing address with the Association and shall promptly notify the Association in writing of any subsequent change of address. 10. 8 Cumulative Remedies. ' Each remedy provided by this Declaration is cumulative and not exclusive. 10.9 Partial Invalidity. The invalidity or partial invalid-' ity of any provision of this Declaration shall not affect the validity or enforceability of any other provision. 10. 10 Number; Gender. The singular shall include the plural and the plural the .singular and the masculine, feminine and LM3D 23 . \U Y 09280 neuter shall be interchangeable, unless the context otherwise requires . IN WITNESS WHEREOF, Declarant has executed this Declaration this day of 19_ W.E. DEVELOPMENT CO_ , a general partnership By: William W. Lo. General Partner Carson Kiaby. General Partner LM3D 24. } 09280 STATE OF CALIFORNIA ) ss. COUNTY OF ) On before me the undersigned, a Notary Public in and for said State, personally appeared William W. Lo and Carson Rigby known to me to be the general partners of the general part- nership that executed the within instrument, and acknowledged to me that such general partnership executed the same. WITNESS my hand and official seal . Notary Public LM3D 25 . T.R. A. l80/ 6Z4 - �7 ' POR. S W I/4 SEC. I6, T.-5 S. R. 6 E. /2 k POR. CITY OF PALM DESERT, t' re-J� /l1.39 4GNE&M P,4U5 R&A 0 • 1 EX 1 • Lot N • t. .j aG tr9 P 1 /50..90 �, � Jl /cB.GO - i5i G0 15/.60 <EOS - <•Io7�d0 A,>Ge SJ 0 AG a .© U 18 it GZo Z h. /72 a /63 a l62 bgb- �� s 153 p 'e d a �� /7 .2'B.i ® /64 Ll•S�?9 <. r9 /6/ ® l9 /54 •4�Jg O • c fff /T/ ® J° Lot C `•U ^" Lot 0 s a v O (n /oG.60 /04.1-3 14a-43 d 1 /0i.GD /28 O �+� ` \ .9 /'_ too .. 0 3i:;♦ <.3i r9 ` . y L.3L.69 t-34.69 ^ �y \ yS /27 N O t• c• l6 N �> 1 i J �� H /70 O h /65 `d ap tR7 © n ® 155 a ap /5/ y p a tb l/ v t E 2 n u I / .R. Z.• /28.G /LB:G WN /L d.G /Z6 6 J �c+ ^ i •ta-QQ II N i k V /69 �^ ��"©/ ""�G` /?9— 4 '0 •_".®_'I ^ ,� / O © , 83.r� a J O N 0 173 c, o R /25 �EX nB. !2 n v .reG /ze.c Le.c '4a4 ^ ^ /3 W r3.sQ ll ♦ 0 Li I ZJ 0 V zJ Z.1 U 0 0 V 27 73 0 25.'Ac.Nt. Q h 168 ® ^ $ ® 167 ; l58 @ 4) /57 ! v 149 /4 % /3U /3/ 0 /24 6 ~ R N 305'Z Lot 8305.z - --vr1'rrc35/9.'1 ry 2 B'f /2I^ n2 4 2 a9 eto z L8� v 9 G 5 3 r sm /23 Ory &3 I ./a L L d Ji/0 O/03 /09 /32 /42 /46 /47 /48 0 O5 V /22 OO „ 4 5 6 7 8G./Q 04 / 3 o P D h' 0 6 By I7I p O /33 p b J N O /OS 0 W O � 7s 7s � 4 nEj3 /2/ I• 106 n /4/ /4J f39 /38 /37 /36 135 ,Itoo I/�1 0° O a 120 O`✓ b /007 I r� LLjl o Lot F I N OAIE OGO NO NEW, pf h V / &Ir- �1 N0.07 V 170 1 n 108 ASSESSORS MAP BK. 624PG17 7TFWINSURANCEANDTRUST M..B.92/3-5 Trocf No. 8237 Q'✓EPSIDE COUNTY, CCLIF ATIMCOMpANy ; ® \ � )) o ' m . - / `� \\ f r Buena EngineersAnc. [OIISULi1RG SOILS & ERGIREERIRG GEOLOGY TT'( bq 4-L �I i j } y PRELIMINARY SOIL INVESTIGATION i OF WEDGEWOOD GLEN DEVELOPMENT for Transcopic Development P.O. Box 1016 Rancho Mirage, California 92270 September 1980 B-11379-Pl Prepared by Buena Engineers, Inc. 1781 Callens Road Ventura, California 93003 805/642-6727 Field Office 714/328-9131 r 80-9-145 September 23, 1980 -1- Job No. B-11379-Pl i INTRODUCTION Scope and Purpose: i i This report presents results of a soil mechanics investigation i i to determine soil conditions, bearing values and any other conditions that would influence the proposed site development. It is proposed to develop 60 condominium units on this property. Field work was initiated on September 9, 1980, in which five borings were drilled. Cores were taken at selected intervals in each boring witha split-ring sampling tube. Core samples were field logged, returned to the laboratory, evaluated and tested. Results of this field exploration and laboratory tests which form the basis of our recommendations are presented in the attached appendix. Site Location and Conditions: The site is located on the north side of Magnesia Drive and on the south side of the Whitewater Wash in the City of Palm Desert, California. Topographically, the site is basically level with minor duning, except along the north boudary where it slopes down into the wash. Additionally, there are several erosional gulleys cut into the property on the north boundary, and a graded area along the west boudary. BUENA ENGINEERS, INC . f k 80-9-144, September 23, 1980 -2- Job NO. B-11379-Pl _ I At present time, the proposed construction area is vacant with scattered patches of grass, weeds with piles of loose fill in the eastern area of the property. All of this will require cleaning and removal prior to any construction. it ,tt f A f II i f!! 4 k i F �tt t F I- n BUENA ENGINEERS, INC . I i { 80-9-145 mber 23, 1980 -4- Job N-. B-11359-P1 FwS CONCLUSIONS AND RECOMMENDATIONS an .ve As was indicated in the Soil Mechanics portion of this report, I i earing soils within the proposed construction site show an Expansion tg n !x of 1 when tested by the UBC "Expansion Index Test Method." erefore, all footings and slabs shall be designed for soils in the f ;hted expansion category of 0-20 as described in the Uniform t 'lding Code Table 29-A in the.appendix of this report. This table s quite explicit in giving minimum requirements for footing th, footing depth and reinforcement for foundations for 1, 2 d nd 3-story structures. Additionally, this table gives minimum ri uirements for slab thickness, reinforcement, total thickness o" sand with vapor barrier and premoistening control prior to ry pouring concrete in both foundations and slabs. Note that these r [uirements are for expansive soil characteristics only and any ' more-restrictive structural considerations will govern. Consolidation tests and in-place densities show a potential settlement rate of approximately 0.3 inches per foot in the upper f ve feet of soils. To reduce this factor to more acceptable limits, the following will be necessary: soils shall be removed f a depth of two feet below foundation base and to a distance of " ree feet beyond the building limits. The resulting surface shall s be scarified and compacted. Previously removed soils shall then - i BUENA ENGINEERS, ! NC. 80-9-145 September 23, 1980 -6- Job No. B-11359-Pl grade. An additional 125 psf may be used for each additional six inches in depth for the foundation bottom. These values are for dead plus live loads and a one-third (1/3) increase may be assumed when considering seismic and wind loads in addition to dead plus live loads. i A friction coefficient when used for dead loads only of 0.44 may be used in designing for lateral resistance where concrete is placed on good firm natural soils or compacted fill. For design purposes, passive pressure may be taken as the equivalent of a fluid weighing 255 pounds per cubic foot. Lateral pressure shall be equal to 47 pounds per cubic foot plus the surcharge load. Considering data presented above with respect to bearing values, _ coefficient of friction, passive and active pressures, etc. , these values are good only for soils that have an in-place density of ninety percent or higher. This density may be either natural in-place density found in the native soils or it may be a recompacted density of previously loose site soils. In any event, these values will not hold if the in-place densities are below ninety percent of maximum A density _ i t BUENA ENGINEERS, INC . ' s 624-120-001-2 Newman Stan D. & & G. Francene 624-172-031-0 Sun King Homeowners Assoc. 43-041 Balsam Lane ' Kohen, Uri Segall, J.L. & c/o Marie LawrieSmith Palm Desert, Ca. 92260 Segall E.F. 42-510 Granite Place 43-121 Buttonwood Drive Palm Desert, Ca. 92260 624-172-018-9 Palm Desert, Ca. 92260 624-120-002-3 624-172-019-0 624-172-034-3 W.E. Development Co. Guralnick,Wayne & Sandra Arthur, J.L. Arthur, K. Arthu3 P.O. Box 1016 43-081 Balsam Lane J. R. , Arthur P. 7 Rancho Mirage, Ca. 92270 Palm Desert, Ca. 92260 43-120 Rutledge Avenue Palm Desert, Ca. 92260 Coachella Valley Water District 624-172-020-0 624-172-035-4 P.O. Box 1058 Lopez, Elizabeth C. Odoni Ernesto N. & Nadejda Coachella, Ca. 92236 43-101 Balsam Lane 43-100 Turledge Avenue 624-172-001-3 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 624-120-003-4 624-120-004-5 624-172-021-1 624-172--036-5 Dr. Elmer C. Rigby 2200 Santa Monica Blvd. , #109 Ashworth, Rbt. & Celia S. Yurkew, Olga Santa Monica, Ca. 90404 43-121 Balsam Lane 43-080 Rutledge Avenue Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 624-120-005-6 `624-172-024-4 624-172-037-6 Desert Sands UnifiedSch. Distr. Weinstein Family Ltd. Ptnrship. Douglas, Michael E. & Carol E. 83-049 - Avenue 46 c/o Joseph Weinstein 43-050 Rutledge Avenue Indio, Ca. 92201 4143 Via Marina, Apt. 619 Palm Desert, Ca. 92260 Marina Del Rey, Ca. 90291 624-172-009-1 624-172-025-5 624--172-038-7 //� Townsend, Wm. B & Alana T. Haveman Dennis W. & Jann H. - City ofiP.dlm eel rt 43-082 Silk Tree Lane 8070 Firethorne - c/o City e 's Office Palm Desert, Ca. 92260 Tucson, Arizona 85704 45-27 rickly Pe Lane Palm Desert, Ca., 92260 , 624-172-010-1 624-172-026-6 W. Devel ent Co. Flanagan, Thomas J. Henriksen Hogart & Sandra p.0. B 43-081 Silk Tree Lane Route 5, Box 53 R io Mirage, 92270 Palm Desert, Ca. 92260 Hayward, WI 54843 624-172-012-3 624-172-027-7 Engineering Service Corp. Doe, Richard A & Margaret McWilliams, Steven R. 71-537 Highway 111, Suite "A" 43111 Silk Tree Lane 72-892 Glorianna Drive Rancho Mirage, Ca. 92270 Palm Desert, Ca. 92260 Palm Desert, Ca. 92260 Bolas, Donald M & Bonita L. 624-172-028-8 73-182 Skyward Way Weber,Richard A. & Susan M. Palm Desert, Ca. 92260 P.O. Box 397 624-172-015-6 Indio, Ca. 92202 624-172-016-7 624-172-029-9 Roe, Patsy L. & Stratton, S.D. Wiemels, Ralph & Aleta M. 1!/ 1981 P.O. Box 521 220 Via Buena Ventura _) 18 Palm Desert, Ca. 92261 Redondo Beach, Ca. 90278 ENVIRONMENTAL SERVICES CITY OF PALM -DESERT - 624-172-017-8 624-172-030-9 Burnett, Henry J & Karen G. Burpo, Rbt. & Alice 43-042 Balsam Lane 71-601 Halgar Road Palm Desert, Ca. 92260 Rancho Mirage, Ca. 92270 fiat- 9]-0 I- ASSESCOR'S ASSESSED OWNER & - D LAND RECORDERS ASSESSED • E TAX NO. VALUE EXEMPTION NET ASS, PARCEL MAILING ADDRESS L AREA USE DATE AMOUNT TOTAL PF NUMBER * =S I TUS ADDRESS Y CODE I.R.5. LAND IMPROVE. ASSESSMENTS VALUE R ACRES Anou40 r.' 6at-393-011 BAi:S BRUCE G 5-042 VACANT 16405 1:800 I.000 MH II HRS C HALLILH$ y/l9 621- 120d2 It a05EUALL LN PALM DESERT CA 92260 91000 621-, 93- L 6LH RIQIAHU B LIAR ] -04 SFR 243719 0 9 H • 14671 GARY AVE PALM D ERI 9 260 12/]] fiat 9,055 621-393-013 SDUAILLA BEVERLY A 3].500 ]5-042 SFR 3316 510 ].650 I.]50 H 6.410 621. 1 CARL GARr AVE PALM DESERT p /]B fiat- 93-01Y u0L0 EARL L PIONEER 5-042 SFR 968]8 5Ia 7.650 8.160 fiat]747 5 PIONEER SLY MH DESERT [A 90606 5/]] l4]Ol CART AVE PALM NE SCflT 92260 32.445 62 - 9]-01 •NIi0 0CVEI p64E NT COMPANY INC ]5-04 VACANT ]9255 1.7 ]00 21... P 0 BO% 3tiby BE VERILY HILLS, CA 90212 4/]8 621-393-016 5 C J nANA GE nE NT INC ]9 l5-OV2 VACANT 1191fi5 I.100 I.100 73061 EL PASEO SiE 6 PALM DESERT. CA 92260 6/79 6 -400-00 MARGULEAS HODARO P Cie ] - 43 VACANT 00524 ] COO 0 fiat C/0 AG ACCOUNTING 30.00AC 9/1R 5544 CALIFORNIA AVE STE 28 BAKERSFIELD, CA 3DO.000 fiat-400-007 NN ISOBCL M 75-043 VACANT 07399 5.025 5.025 fiat 320p H LA FOTCNBA pR •206 RANCHO PA V p ,]]A /] ' - 74710 MERLI: OR PALM DESERT 9Z260 fiat-4 fiat-400-016 SUN KING HOME OUNERS ASSN IB-001 COM-VAC 35192 6.]45 6,]45 --0/4-rtA =AURTESMiTA- 1].6]AC 3/77 621- 2510_RANI TE PL PALM DESERT. CA 9'250 21-400_022, u E DEVELOPMENT CO I8-001 VAL ANi 35108 12.500 I .500 92-F P 0 BOX 1016 RANCHO MIRAGE. CA 92270 12.IIAC 2/79 50.000 fit -400-02 y u0 �8- 0 VACANT 94254 200 00 I- OR l OAC HELLA. CA 92236 .23AC 6/ 6 3 fiat-400-02Y PIUBT EL MER C 15-043 VACANT 1232]5 l80 l80 ATCT9L'�•IU9 SA NTA MONICA, CA .]3AC B/]6 621- -V -0 NUTTING R p ]5-042 FR 50] 4 4 0 V B123 VILLAGE RD PLAYA OEL HEY, CA 90291 /]2 - 7Y]]3 HE PLC OR PALM DESERT 92260 621-411-002 CRIS C0LIE ROBERT R ETAL ]5-042 SFR 78567 335 5.900 6.235 fiat ROBERT C SHIRLEY DRISCOLL 6/76 ]4]65 MERLE DR PIAM DESERT 92260 I-- 1-621-411-003 TOBINSON R L ]5-042 SFR 43361 345 h.640 1.]50 N 3.235 74795 MERLE DR PALM DESERT 92260 4/74 6EI-411-004 F• BCLMANN 1u T,5 u ] - y Fq 21] y O60 40 621- I4517 SUI15ET BLV PACIFIC PALISADES. CA 90272 i/ 74007 MERLE DR PALM DESERT 92260 fiat 68 621-411-005 SANCHEZ IGNACIO ETAL 75-042 SFR 37448 330 5.020 1.750 H 3.600 TB I H R E R A n ESERT 2 60 /]] 19,00D 621-621-411-006 LLAPK N83RY B ETAL ]5-042 SFR 91D64 335 4.860 5.195 13-183 WILLOW PALM DESERT. CA 92260 6/76 1e833 MERLE OR PALM OE SE RT 92260 Il 500 fiat-'21-411-00] LE KHAN JANC1 P ETAL ]5-042 SFR 64644 330 B. 9D 8.920 P 0 BOX 1153 INDIO. CA 92201 y/pg 74049 MERLE OR PALM DESERT 92260 24.000 _ -4 -DOB DAREIA SiE PHANIE J 75- 4 SFR 96714 250 10,150 75 H 650 fiat P 0 6px PALM DESERT. CA 92260 5/]8 - 74B61 MERLE DR PALM DESERT 92260 621 , M 621-411-009 HOOD ARON E ETAL15-042 SFR 95690 330 6.040 1,]50 H Y,620 7489 MERLE RR PALM DESERT 92250 5/]] 6 E. 621-411-010 COLLIDES EDUApp L ETAL z5,a00 ]5-042 SFR 36199 345 4.595 1,]50 H 3.190 74885 MERLE DR PALM DESERT 92260 3/73 621- 1] 000 WLV-1 ptl1NXDN H C CT AL 5-0V2 SFR 11 6i] 345 4,605 1, 50 H 74897 MERLE Oq PALM DESERT 92260 00 80% 6y0 PALM DE SEAT, CA 92260 11/69 621 6 1-Y 1-01 DUFFr EONARO J ] - 4 SFR 107238 33 1 0 ] ] 621- 42531 CLIFF ORD ST PALM 011ERT 92260 ]/]6 621-411-013 SANDERS FCRSi FF 19658] 560 5.300 I.]50 H 4.110 ]5-042 SFR 22.000 52, E ETAL 5 FFORO i PA M S RT 260 0/]] 621 s0 621-411-014 LCYN CL J ETAL ]5-042 SFR 2V210 4 590 5.035 I,]50 H 3.8]5 621 42602601 CL IFFORO ST PALM DESERT 92260 3/lp 6 -4 1-015 ADAM$ MA RL EIIE ]5-04 fR 153210 335 250 ] B 62. 4Psv LLA- 1 Si PALH DESERT 92260 10/]6 - 621-r11-016 Cv' + '- 75-042 SFR 53103 570 5.405 5.975 621- --. 9?260 4/76 2V OOD fiat BE,--411- 1 S MnON C R ETAL 75-042 SFR 11113I 590 Y,445 ,0 _. B J SIMMONS 1216] 621 426p0 CLAUDIACL ACARL Sl PALH DESERT 92260 6 -411-0 HR1511ANSEN EARL N ETAL ]Y 0h2 FR 15p343 RO 4 6D Y ]4 3104 vIA CAROELINA PAL OS vE ROES ESTATES. CA 12/l5 ]4]74 LESLIE AVE PALM DESERT 92260 19.000 621-411-019 MC OONALO MARGUERITE V 75-042 SFR 31496 590 5.620 6.210 V ]41d6 ES IC AVE PATH DESERT 60 /l6 62 fiat-h1i-020 H:YMAN MILTON ETAL -0y2 SFR 1003p0 590fB,B70 1.750 H 3.900 14796 LESLIE AVE PALM DESERT 92260 II/6] fiat 621-411-021 USHER BRUCE D 15-042 SFR 95513 560 I,150 H 5.640 lh 09�E 1 AVE' P". D RT 5/19 GET ss.DDU 6RI-411-022 FAILOR RALPH M 75-042 SFR 2D9142 560 1,]50 H ].660 621 DR R M TAILOR Ip/ll2613_CHRISTIAN ST PA M DES Ri 0 621 JOHP6I ONE OCNvEN 1ETAL -042 SFR 22855 590 Y,9 p500 KENNETH RD GLENDALE. CA 91202 3/66 fiat_42511 CHRISTIAN ST PALM DESERT S2260 6 -4 -0 4 OMnON 1,D? l -Oh VA -HSC 4 361 l6 6 0 fiat 74]65MERLE OR PALH DESERT 9226D Y/lyfiat-h11-p25 LOHMON LOT ]5-042 VAC-MSC IOIDOI ]65" 1.620 621- COHAHO COLLINGS 0/73 P 0 BOX 016 PALM BE CRT CA 92260 Bat ]48]3 MEHLC OR PALM OCSERI 92260 - 621-411-026 LEYN PAUL A ETAL 75-042 SFR 96330 570 5.535 1.750 H 4.355 6P1 42570 CHRISTIAN ST PALM DESERT 92260 7/76 6 1-411-OZ C H 1N000 LAND L INV 500 GET LSiM[Ni CO 5-BY2 B SFR IYO B99 1. 0 00 B.Y50 1655 5 GREENFIELD AVE 12 LOS ANGELES. CA 90025 7/78 621 42612 CHRISTIAN ST PALM DESERT 92260 34.000 -4 - AV RNA JOHN L CiAL IFIR Y 80 Y 0 8 BE: 05BURN L MAM MA KINKADE 5175 • 14850 LESLIE AVE PALM DESERT 92260 621 G21-411-029 HIEMSTRA SID ETAL 75-042 SFR 15042E 590 Y.2p5 1.750 H 3.125 1486 LESLIE AVEPALM DESERT S2aGO 1 1172 6 1-411-0 0 OgOSSE MARY A -04 SFR 99U85 1. 50 8. 0 1. 50 IT8.20G ]46]4 LESLIE AVE PALM DESERT 92260 5/7B 621 3.000 -h - M K KAPIN -O4 fR y 1 645 VIA LO EE ADORES REDONDODESERT BEACH, A 9 ] N BB6 LESLIE AVE PALM pCSEgi 92260 fiat 621-4I1-032 ARHOUR ROBERi F ETAL 75-042 SFR 76011 590 41145 1.750 H 2.985 14898 LESLIE AVE PALM DESERT 92260 0.6 400 © REDI OF CALIFORNIA / 1, 1979 •A• 1]2] ••• AREA-2 RIVERSIDE COUNTY - 621-424-01, --- LD ASSESSORS ASSESSED OWNER & LANDRELpRDERS AssEssEo NO. VALUE EXEMPTION NET ASSE.PARCEL MAILING ADDRESS USEDATE AMOUNT TOTAL P; NUMBER 4=SITUS ADDRESS ACRES A'ZUN; LAND IMPROVE. ASSESSOTHMENTS VALUEIE r-015 AA'GSURN JAMES B J S R 193 10 1.800 4, 20 6.520]3]55 CATALINA PALM DESERT. CA 92260 9/79 621-� 621-424-0I6 CVC WO 75-042 VACANT 0 BOX O B A H A 68995 305 305 WE-I-_4 Y-DI KEENER EDNA A NILLIAM H KEENER 75-04 VACAN 6174 _ - 3 0 - 2 255 E BLITHEDALE •6 MILL VALLEY, CA 94941 -4 Y QYAJIANy 0 TA 5-042 VACANT SB564 � 600 AVC S NAPE S. 'FL 3940 D 621-1 600 SIR L 621-424-019 BOr EO ETAL 1 1585 -4 -B V W0iH AVC 5 NAPLE9, FL 33940 >5-042 VACANT 158564 320 320 621-4 12/]V 75 D42 P 0 BOX 1058 COACHE LL A,CA 9223 1 4 621-430-0 02 CVC NO 75-042 ' P 0 BOX 1056 COACHELLA. CA 92225 -4 0- 0 V NO ] -042 VACANT 409 BO 8 P 0 BOX 105E COACHELLA, CA 92236 13.69AL /]; - 621-440-005 ROMAN CATHOLIC BISHOP OF SAN DIEGO IB-001 VACANT 1.570 BOX 999 PALM DESERT CALIF 92250 1 40AC 1,570 lye 6 -440-00] 0 SENT SANDS UNIFIED SCHOOL 0161 ] -005 4 4 621-4 Y A�AU�`i6�iM1Dl-0. CA 2].42A 9l 5 621-410-802 CVCUD ]5-005 621 4 P 11 BOX 105N COACHELLA, CA 92236 6 -Y I-0 P TINT NLROiH p0NALC J ,AL B-0G' FR 2535] 00p 62B2 nA RC2 LLCNA OR HUNTINGTON BEACH. CA 9264 121>B 621 15.125 ]4030 DESERT STAR BLV PALM DESERT 92260 63.000 621-451-002 uILLIAMS CHARLES ETAL 19-002 SFR 58331 1.210 5,890 1.]50 N 5,350 74040 QE SC RT STAR BLv PALM p 5 R1 22 6/69 _6 1-V51-003 pRI SKEL OOv a EIAL 18-002 SFR 132730 1.210 6.>30 •gyp 73394 TAMARISK ST PALM DESERT. CA 92260 Ip/]y y 7405D DESERT STAR BLV PALM DESERT 92260 621-4 -4 1- 04 0 KERSON CA LA B - 0 FR -B 9] 0 6 ]]S-280 HIGHWAY III PALM DESERT CALIF 9226p g099 74060 DESERT STAR BLV RANCHO MIRAGE99226 621 170 fi21-V51-005 CHAU7OIN 0 L ETAL 19-002 SIR 153B7 1.210 5.915 I.J50 H 5.3]5]40]0 DESERT STAR BLV PALM DES RT 92 6 /70 6 I- I-Y51-006 SCMNELLER HICDA H 18-002 5FR 52533 1.210 6.045 I J50 H - 5- 621-451-00] 7R060 DESERT STAR BE' PALM DESERT 92260 5153 .505 SC HUE NZER ERNST L ETAL I9-002 SFR 14501 1.210 5.945 1.J50 H 5.405 621 ]4090 DESERT STAR BLv RANCHO nIPA 2]0 2/>0 fi 1-45.1-DOB uILLIAnS R08LHT V EIAL IB-002 5FR 1045]9 4361 MISSION •128 POND.. CA 91166 10/69 74100 DESERT STAR BLv RANCHO MIRAGE92270 621 -4 K•NG ONALD W 'TAIL 8- 0 SIR - 64848 9p ] Y 2]] S SAN ANTONIO UPLAND, CA 91786 6/75 74110 DI DESERT STAR BLV PALM DESERT 92260 31.500 621 621-451-010 SAL ICR RON01 n 19-002 STIR 179265 1.190 6.560 1.750 H 61000]41 C CCSC Pi TAR BLV PA M 5 RT 92 60 1]] I-Y51-011 RAMC DICK N L EIAL IB-002 SFR 55089 1.210 5,910 1.]50 H 74130 CESEPT STAR BLV PALM DESERT 92260 }1]9 fi I 621-451-012 GINTHER LARRY 0 ETAL 18-002 SEA 120512 1.210 - ],290 I,750 N 6.>50 ' 141401 DESERT STAR BLV PA M DE RT 22 I205 _159 6 1-4 1-01 JOH[5 ARNOLD D C1 AL I0-002 SFR II14Il 2.125 16,125 1.]50 H 16.500 8101 LESHER AVE VAN NUYS. CA 91406 5/79 74150 DCSERT STAR BLV PALM DESERT 92260 00 621 -DESERT -4 1- 4 MON OYA A.IIAGO I [TAL 80.5 8-002 EW 05 J ] 0 H ]-14166 STAR BLV PALM OESER 92260 17 5 621-451-015 ROMNEY MAURICE u ETAL 41.000 621-'. P 0 BOX 2208 PALM DESERT CA 92260 IB-002 SFR 239169 2.125 13.125 15.250 -41>0 DESERT STAR BLV RANCHO MIRAGE92270 11/>B -- . 621-V51-Dlfi JOHNSON JAMES ETAL 6 500 74190 DESERT STAR BLV PALM DESERT 92260 _ 18-002 SFR 36839 1.325 7.160 1.750 H 6.735 621- 4175 1-y51-01 NANL KE NNEiH A CiAL 32 000 ]R190 DESERT STAR BLV PALM DESERT 92260 IB-002 SfP 191039 2.1 5 14, 00 1..50 H 14.5]5 621- 9/JB I-45 -0 AFNEY PATRICK J ETAL 68.000 587 B ST CATHEDRAL CITY CALIF 92234 B 00 1R 07,200 750 N 6,660 74015 ASTER DR PALM DESERT 92260 - 621-Y52-OD2 LENIS CHARLES A EIAL 18-OD2 SFR 1.21B 5,290 1.]50 H 4,]50 74027 ASTER DR PALM DE ERT 260 621_1 621-452-003 GRAN DEER LEORLC E DIAL 1B-002 5FR 1.210 8,195 1;]50 H ,655 621 ]4 E141 ASTER OR PALM DESERT 92260 621 V52-OOY PAVE PE GLY J 19-G02 SFR 199106 2,125 13.625 1,]50 H IV,000 740 5 A i q R PA M E q 60 1]9 621-452-005 MONTEZ JUAN G 3 .500 '6 1L. 74065 ASTER OR PALM DESERT 9226D 10-002 SFR 5408 1.325 7.955 1.]50 H 7:530 1/J6 -OpI 0 081N5 OENNIS R AL 0 621- 74018 ASTER OR PALM DESERT 92260 IB-002 5FR - 621-453-002 DIAZ nARCELINO C1AL - 19-002 SFR 50524 1.210 6.305 1.750 H 5.765 621-r J 4030 ASiCR 2260 417, 621-453-003 EUSIIC[ CHARLES L ETAL c 1526B - 74042 ASTER OR PALM DESERT 92260 IB-002 SFR 526B6 -1,210 1,>JO 1.>50 H ].230 621-4 -4Q Y. Y pH_N T TA 51>1 ]V 56 TER pR PALM D 92 60 0 FR OB 1 ] H R.625 621-453-005 JUL SON JAMES N ETAL 74064 ASTER DR PALM DESERT 92260 IB-002 5FR 1.210 6.335 1,750 H 5.795 V 0 ]40')Ct:ILM P PALM 0ES R 92 60 B FR H 5790 621-453-00DI1 STIE JO wI 11 ETAL 74-015 YELAR00 DR PALM DESERT CALIF 92260 2/69 621 1B-OD1 5FR 12947 1.210 5.980 1,]50 H S.ryO - 'I11"_ONCE C-1 G 8-0 -- FR 44 74027 VELARDO OR ALM D R 92260 /J9 621-453-0p9 GROSSMAN LLOrD A ETAL 57.000 621 p HkR M>G IB-001 SEA 1416>9 1.210 Y,B65 1.750 N 4.325 _EI vAHpO OR ALM C�RTT�O 12165 821-453-010 ROE LOUIS 0 ETAL 18-001 SEW 6046 1.325 7.425 1.750 H ],000 1]405> vELARDO DR PALM DESERT 92260 1/76 :AT1Ti�1T0MA AL 70 000 _ 74069 VELAR00 OR PALM DESERT 92260 1 -001 W I[4319 ..0 11.075N I1.4 - 6/]8 621-453-0t •WHAM G_YHN N LA Sy.000 621 YOB]GTE'"L_ 00 0 PALM N 6 IB Fq ] 621-454-001 DOW ROSS A ETAL IB-001 5FR 63225 1.210 5.533 6.943 621_,. 4620D PAINTED CANYON TR PALM DESERT. CA 92260 5/72 r- AMP L RR`IALO A - I 1 1 .I 74026 VELAR00 OR PALM DESERT 92260 1/79 N TM MA TA 9.01 4B4 V u o A M - F 59.00� O REDI AL IFORNIA Iv]a ••• n29 ••• AREA-2� F RIV, ,jE COUNTY ASSESSOR'S ASSESSED ONNER tk JR LAND RECORDERS ASSESSED EXEMPTION • PARCEL AX USE VALUE AnourBr NET MAILING ADDRESS REA DATE TOTAL S I TUS ADDRESS & LAND OTHER NUMBER *= ODE I.R.S. IMPROVE- ASSESSMENTS VALUE - ACRES An0UNT 6 i-6S -009 U 6 LIFT. SVGS l L01N ASSN I6-001 SFR 166bOB 11, 785 1.55 5743 0 PRIMROSE E O LOS ANGELES, CA 60036 0177 74J60 PRIMROSE 0R PALM DESERT 9226G IRE 5v05 l LOAN A55N 8- FR 663 �, 5220 4ILSHIH[ BLv L05-ANGELES, CA 9003fi 8/] - L 74350 PRIMROSE Ofl PALn 0ESERi 92A 621-653-011 U•5 LIFE SVGS L LOAN ASSN I8-001 SFR 166_09 765 935 1.700 22u WILSHIRE BLV LOS ANGEL A p .]- 74340 PRIMROSE OR PALM OESERi 92280 621-653-012 U•SE]PC SVGS 4 LOAN ASSN 18-001 SFR 166308 765 760 1.526! 6 5220 WILSHIRE BLV LOS ANGELES. CA 90036 B177 B ]4}70 PRnROSC DR PALM OE SERT 6 6 I-653-013 U•S LIFF SVOSILSH A LOAN ASSN IB-001 SFR 16639E 765 93 1• p 5220 WILSHIRE BLV LOS ANGELES. CA 90036 0177 I 74360 PRIMROSE OR PALM DESERT 922EO 11 -65 - 4 �F $VG$ 6y LOAN ASSN 8- DER 66308 76 5 785 5220 WILSHIRE pLv LUS ANGELES. CA 9pp b 8/]] 74292 PRIIPC 5E DR PALM DESERT 92260 1,550 621-653-015 U•5 LIFE SVGS L LOAN ASSN IB-OBI SFR 1663D8 765 935 1.]00 0 WILSHIRE BLV LOS ANGELES CA 00 /]] F 742]6 PRIMROSE DR PALM DESERT 922fi0 621-653-p16' U•5 LIFE SVGS t ED. ASSN I9-001 SFR 166308 755 760 1.525 5220 WILSHIRE BLV LOS ANGELES. CA 90036 8177 74264 PRInROSE OR PALM DESERT 60 621-65V-001 U•S LIFE SVGS t LOANASSry IB-001 S_F 111 552 65 14,63 15.400 - 74479 BUTTONWOOD DR PALI DESERT 92260 5179 �[ 6 _ 66.000 IP SVGS t -- ASSN 9- FR IF53LB ] 10 522p WILSHIRE OLD LOS ANGELES, CA 90036 B/J7 L 74459 BUiTONN000 OR PALM DESERT 92260 621-654r003 U•5 LIFE SV05 l LOAN ASSN IB-ooi SFR 166308 765 12.860 13.625 220 459 B WILSHIPE GLv LOS ANGELES OESE A 00 8/77 �L ]4UTTGW;4000 DH PALM Ri 92260 621-65Y-p04 U•5 LIFE SVGS S LOAN ASSN IS-001 SEA 16630E 765 12.860 13.fi25 5220 WILSHIRE BLV LOS ANGELES. CA 90036 8177 621-6vY-005 U•S 74449 B'JTTGrv6000 OH PALM DESERT 2260 F- LIFE SVGS L LOAN ASSN I8-001 166308 SFR ]65 13. 10 1 5 5220 WILSHIRE DLV LOS ANGELES, CA 90036 g/77 E ]4429 BUTTONWOOD OR PALM DESERT 9226p 6 1- 4-00 U• LIE SVGS 6 LOAN ASSET - - B-00 ER 166300 ] 760 5220 WILSHIRE BLV LOS ANGELES. CA 90036 8/77 7442E MYRSINE AVE PALM DESERT 92260 621-654-007 U•S LIFE SVGS L LOAN ASSN I8-001 SFR 166308 765 10.035 IO,BDO 2P0 WILSHIRE 9L�-OS ANGEL ES. CA 9pp 6 B/77 621-654- 74 46 rceR 4SlilE AVE �•ALM DESERT 92280 '1 O08 U•5 LIFE SVGS 6 LOAH ASSN I8-031 SFR 166308 765 8.910 9,675I 5220 WILSHIRE9Lv LOS ANGELES, CA 90035 8/7] 621- 5r- --9_nYRINE AVE vA•n BE SERT 922 GG9 Ib•5 L:A 5:9b L LOAN ♦S6N IB-001 FR 12B56G 65 1 .I85 3818 EC`.EDICi CO CAur O:: SHERMAN OAKS. CA 91405 6119 1p f 74474 MYRSINE AVE PALI DESERT 92260 67.000 4_ 1F ��:Gc, t UOAr; ASSN B-0DER 66308 765 5220 u1L5HIR1' RLV LOS ANGELES. A 90 3fi 7440V nuHSIN[ AVE vA1.n DESERT 92260 e/7 621-654-Dit U•S LIAC SVGS t LOAN ASSN I9-001 SFR I663UO 765 9.160 9,925: 1l,r�l a� _e'v �o5_ANc r._1_C;�� �Jo /7] LIFE MYHSINC V[ PALn IIESERT 9226p i' 621-65Y-012 U 5 LIFE SVGS t LOAN ASSN 18-001 SFR 117312 ]65 10,185 10.950 74473 MYRSINE AVE PALM DESERT 92260 79 21- SV- 1 U•5 L SVGS l LOAN A55N 66 D00 5820 WILSHIRE 0V LOS ANGELES. CA 90036 1B-Opl SFR 1 A 166306 76 10. 5 1 0 Y45] MYRSINE AVE PALM DESERT 92260 1667 4- 4 IF 5LGH L LOAN ASSN B-DO SFR 1-77-7 6 244 WILSNIRL BLV LOS ANGELES. 92 60036 B/ 7 ]4443 MYRSINE AVE PALM DESERT 92260 621-65V-015 U•5 LIFE SVGS L LOAN ASSN I8-001 SFR 12B558 765 10.105 10.950 7166�STv1L_F. PO PALLS v FOES P NIH U A A 56.0 Ir 7442'1 nYH51H[nvE PALM OESLHt 922go 6179 000 621-651-016 U•5 LIFE SVGS L LOAN ASSN I8-001 SFR 166308 765 9.160 g,g25 ' 5220 HILS,HNC BLV LOS ANGELES. CA 90036 8177 74413 MYRSINE AVE PALM DESERT 60 6 1-65v-017 U•5 LIfIC SVGS t LOAN A,Siq I6-00 5FR 166300 5 1 ,1 10.950 rt 5220 WILSHIRE BLV LOS ANGELES, CA 90036 71397 MYRSIN Bi67 -6 r- E AVE PALM DESERT 6 IG U• LIFE SVGS 6 LOAH ASSN 92260 -pp gFR66308 ] 5220 eILSHIRE 811 LOS ANGELS CA 90036 /7] 9,675 i, 7:303 MYRSINE AYE PALM DESERT 92260 621-651-019 U'S LIFE S'/OS t LOAN ASSN I8-001 66300 165 760 1.52 I 22G u11SHIRf-9Lv LOS ANGELES A 9pp /77 45'.2G PAALMILLA CIR PALI OCSER 92260 - 621-65Y-020 U•S LIFE 5vGS t LOAN A55N Ig-0016630E 765 185 1.550 5220 WILSHIPE BLV LOS ANGELES, CA 90035177 r34R0PALMILLA CIR PALM 0 RT 5 6 1-6 -001 u S _ffESVGS 6 LOAM A55N IB-DoiF rV_rOS-RRI7E77T_rA 90036177 .-1�43050RUTLEDGE AVE PALM DESERT 92260 G p0� U IF _SyGS t_LOAN ASSN e- 66100 765 73D80 PUiLEDGE AVE PALM DESERT 92260 621-661-403 5110N1PATRICK N ETAL 18-00172833 2.500 12.315 1.750 H 13,125 n 11E 53/79 LIIC SVGS L LOAN ASSN 9.000 J AMf 5-I1 117HVR Ip-001 SfR 4145V 763 13,r83 16.250 5 � OGE WAY HACILHOT H 1 HT A p0 ` 31<6 flViILDOC AV�AIry DE5 9226p 621-661-005 U 5 LIFE SVGS 4 LOAN ASSN 18-001 SFR 16630E 765 13.610 I4.375 2VRTL3HIAF'Bl�-'CUS�RE}'LTS:Z]l�p 036 0177 �}j5Q HIIi L(AS•[ A!C PA M WUN BFNCE-C1AL �� - --53t5T�OTT❑NWCOiI-QR'- X0r{ TTCTE ', CA 92260 IB-001 P1i 21191 .Jf -4P2 IF L Sv43� `DAH A35H -D FR 5.000 111LSJ+IR['0EV_L 115'A*1G�Lf ❑ 6 Bi'Jj '. 621-661_p0g U 5 LIFE SVGS t LOAN ASSN IB-001 5FR 68902 -765 13.610 IN.375 -]T6❑T'ZL11:'GIAO r1i p0NC110"H1ATfi=, A 92270 - y609 I3 u LItg" v ?'Li6P2Airra T 2.900 . ____ --�zTH_HIL51n71C 81r1-rO$ R11l1_R. CA 900}6 1 - 1 166306 rI3I008' IpU 5110NW000 OR PALM DESERT 92250 g/77 '7 13041 BUTTONWOOD OR PALM D[SERT1g2260 F SS9 - i s {21-KI-01: U S Llff SVGS L L01M A55X 39.p00 .;?'`.., �[•oTTIG 3-EE��T'P A``N [[55@@7��'g�2y� 1B-001 SfR 7)50990 763 1].610 1\.375 4 N•2 e..T rOC�Llf01�f.�Lw SLFT-a'asp 4g�b I �,�/ {21-e•{I-012 U'S L✓f SVGS L L01N ASSN _ i' 17 SZ20-vr6wtw[-1lT CD5'3ND[LiS-CS�❑❑'36 IG-DoI 166300 76] 1],610 N.375 U0{0 {url0Nuo00 DII PAIn 0[S[eT 0Re0 0177 m RRI I L OOR7IA 1072 ... 1711 ... I A-2® L RIVE CCKARY 621-661-01 T ASSESSED OWNER & ° RED NO. AssessEo ASSESSOR'S E LAND No. EXEMPTION TAX VALUE AMOUNT NET A` PARCEL MA I LTI NG• ADDRESS L AREA USE DATE TOTAL L_UE NUMBER * =SI IUS ADDRESS Y CODE OTHER & I.RS. LAND IMPROVE. ASSESSMENTS VALUE R ACRES AMOUNT .5 0 6 1- 61_I__U S LIFESVGS L LOAN ASSN I8-001 SFR 166300 )65 I .610 1 li _-5220 HTTESit1AC'9CV=S-NG7=, CA 90036 8/]] 43100 BUTTONWOOD LN PALM DESERT 92260 5 _ _ 4 U c E1rE� 05- L._LOAN ASSN 19-001 FIR 765--""5220 HICSNTRE BEV'LOS"ANDEL-ES-CA'9Di13G 617, 43120 BUTTONH00D OR PALM DE SERt 92260 ]00 621_661_C1L U•5 LIiE SVGS L LOAM ASSN 19-001 SFR 61C90 765 I5.485 18.250 NVDD O-IfR'�d .525 ' 65,000 2.500 1].]50 16.250 I.621-661-016 U S LIFE SVGS L LOAN ASSN I8-001 SFR 4Y363 L TLHOVAS-IL_P SUC BIA7EVTLR- 3/79 30 DAVE OR SAN PE pqO CA 90)32 ]6 00 00 • �315I IT SAn EN PALM OL5LRI 92260 621-661-017 OUENS GARY L ET AL 10-001 SFR 15575 2.500 15.600 1.750 H 16.350 �3121-6AC 9A H LN PACHF-5ETERT 92260 1l79 0 000 i- 1- I U 5 L ITT SVGS l LOAN ASSN IB-001 S fl 7391 765 13.500 1 '..700� ALSARTFCPALI(�}S{?T-92260 519 - 64,000 62t-661-019 V 5 LIFE SVGS L LOAN ASSN -p SFR 16630 ] LQ .525 -"i 2P0-'R it'SHIPf-'BLY-COS NG L . CA 90036 8/]] 43091 BALSAM LN PALM DESERT 92250 621-661-020 U•S LIFE SVGS A LOAN ASSN 16-001 SFR 60982 765 13.610 14.375 4 Tf4l-6A ITPLLn p R 9 26 /79 1,500 621-661-021 U S LIFE SVGS t SOAN ASSN 18-001 SFR 6 56841 765 15.260 16.025 . 1-47IIllVIT-B�LSAM L-1 PeLM DESERT 92260 3/79 + 97 67 000 621- 61-022 U S LIFE SVGS t LOAN ASSN IB-OOI SFR 5]805 ]65 1 B 5.625y �� -521-PALM"DCSEAT�LA 92260 3l79 43100 BALSAM LN PALM DESERT 92250 57,000 U• LIFE SVGS A LOAN A55N e- FR 63530 )6 1 tE2_S VTTSANOTTA I'"PAEI OE5ERT. CA 92260 3179 t.62 43120 BALSAM LN PALM DESERT 92260 58.000 621-661-024 U_S-LI SVGS L,-y,QAi♦_p55N IB-OOL SEE 166308 765 13.610 14.375 220 uI(SHiPE BLV LOS ANGELE5. CA 90036 B/]] :.9 4I150 dALSAH IN PALM DESERT 92260 9 621-661-025 U•5, LIFE SVGS 6 0 $SN 0-001 SFR 90DV6 65 5.260 6,025 ]4420 SANi OL INA OR PALM DESERT 92260 5/79 1 64 Oo0 4 5 I- I-026 U-5 LI E SVGS L LOAN ASSN IB-0 SFR 860)6 ]65 1 10 I4, -- -929'H-HUNT'TFIGT'OII'�R'A'RC1(tfTA-Pt�JTU 06 4/]9 • 74450 SANTOLINA ON PALM DESERT 92260 50.000 6 1- 1-0 ] U LIF SVGS t LOAN A55N 8- 0 SFR 166308 76 6p -- - -- 5 l B/)] 1.6] LIF11 SILK TREE LN PALM DESERT 92260 621-fi61-028 U_S LIFE SVGS L LOAN A551__ I9-001 SIR 110168 )65 \5,2fi0 16.025 -'-_--- 835P3 lOUPLAL IN(ANC INOID CA 2201 5/79 ._9 43081 SILK TREE LN PALM pESERT 9226. Ll� 'qq 621-661_-029 U•5 LIFE SVGS L LOAN�tSSN_ I0-001 SFR )65 13.985 I4,750 - BDOJ • 43082 SILK TREE L. PALM DESERT 922GO 0 6 I-661_030__VSIILE 5Y05- L,-LBLV ASSN_ IB-001 SFR 8 65 1 .485 '3 5431 WILSHIRESILKT EEV LOS PALM DESER CA 26036 �.925 43100 SILK TREE LN PALM DESERT 9226. 621-6 I-0 1 U•S LIFE SVGS A LOAN A55N IB-Opl SFR 0 ]65 6 -'-" 5431 0SIL R BLv NOS ANG CLES, CA 26036 V312D SILK iPCEEN PALM DESERT 9226.621-661-032 USyJEE.SST HERMOANASSN IB-D01 SFR 3 )65 16.550 1],]IS VI41H Si K TREEA BEACN CA 9p254 b0 h3150 SILK THEE LN PALM OE SERT 9226p 0fi21-661-03] U•5 LIFE SVGS 4 LOAN A55N 10-001 SFR 8 ]65 15.405 16,250 5220 WILSHIRE BLV LOS ANGELES, CA S0036•5] 4310C SILK TREE LN PA M pE5 RT 2280U•S LIfESVGSlLOAN ASSNIB-001 S R 5 1 . 5220 WILSHIRE BE LOS ANGELES. CA 90036 B/]) C.950 43210 SILK TREE LN PALM DESERT 92260 621-661-0 5 U•5 LIFE SVGS L -LOAN ASSN 8-001 SFR 15530E 765 13,610 SB20 u1LSHIRE 9Lv L95 ANG LES. CA 9003 B/ 14,375 ]] 'i.925 43240 SILK TR LN P EE ALM DESERT 92260 621-661-036 U•5 LIFE SVGS L -OAR ASSN 18-OBI SFR 88))1 2.500 13.500 16,000 4 -260 SILK TREE LN PALM DESERT, CA 92260 5179 ' S 621-662-001 CITY OF PALM DESERT 65.000 IB-001 VACANT 166309 765 ]65 ,675 6D CITY CLERKS OFFICE 2.57AC B/]] 4 2]5 PRICKL T Pf Aq N PA n RT CA 1- H N YFIELO JAY C EIAL 00 1 1, H 1 . 43200 RUIHE OGE AVE PALM DESERT 92260 I6-001 SFR 8891]11)9 1.525 fi6.000 62 -fi62-0 U If SVGS 4 PAN A55N -00 SFR 16630E ]6 10 4 5220 WILSHIRE BEv L09 ANG ESE A 26 6 B/'1] .375 1,550 • 7�301RUSSE L ETOLINA OP PALM DESERT 9226. 621-662-004 UHL HU59EEL EIAL _ I8-001 SFR 13533 2.500 12.975 1,750 H 13,725 UHL HUSSCLL II A DONNA i / 60% Illb PALM OESE RI, CA 9 60 6V.500 74321 SAS}DLINA OR PALM DESERT 92260 621-662-005 U•S LIFE SVGS L LOAN ASSN I6-001 SFR I66308 765 13.505 I4.350 11,250 5220220 5 BU4IRE ALv L05 ANGELES Cd 0035 8/]] ]4305 BGi IONLOAD AS MACH OE SEgT 92260 621-662-006 V'S LIFE SVGS L LOAN ASSN I0-001 SFR 166308 765 12.005 12,950 1.125 5220 WILSHIRE OLD LOS ANGEL ES. CA 90036 0/]] 74315 RVTi0NY0D OP PALM D 0 SE Ri 226 1-66 -p0 nILLRANT NN u I8-0 1 SFR 100 1 .500 1 00 . 250 P 0 0X 546 PALM OE SERT, CA 92260 I/]g 43250 HUTLEOLE AVE PALM DE SC RT 1-66 -DOB U• IFE SVGS A LOAN A55N 92250 2-00 8520 P 5•D 43 30 RUTE AVE PALL p SERT, CA 9 60 4i], 4,]]5 74400 RUTLEDGDLE AVE PALM DESERT 92260 70.500 6PI-663-001 U•S LIFE SVGS t LOAN ASSN I 60.000 8-001 SFR 41456 2.500 13.750 16.250 5003 PAS{Oy EL_LLARGQ R LAOUNA HILLS CA /79 7435I SANTOLINA OR PALM OCSEBT 92260 65.000 621-663-002 U•5 LIrC SV65 L LOAN ASSN I8-001 5FR h145R 2.500 12.500 IS.000 5500-3C EASED DEL {AGO H LAGUNA HILLS. CA 3/7 9 • ]4361 SANIO INA R PA M 0 R1 2000 I- -00 WILE NEC PETER F E1nL I -0 I M6L-HME IB019 00 14.000 4,375 74301 SANTOLINA PALM DESERT 92260 1/79 56.000 621 - OV IF VGS l OAN A N FR 1991 6I1 LIDO PAP- pR '4E NEW R B ACH. A 9226 6/19 74391 SANTDLINA OR PALM DESERT 92260 50.00D 621-66 3-005 U•S LIFE SVGS L LOAN ASSN 18-001 111450 2,500 13.000 15.500 13r TN ST .204 $AN1A nONICA A OV /]9 ]Yh01 SA-16LINA pP PALM OE SER 9226 60,00 4 3]5 621-663-006 U•S LIFE SVGS L LOAN A55N IB-001 5FR 9]629 765 13.610 14.375 74411 SANTOLINA DR PALM DESERT 92260 5/]6 65 000 :Y,]]5 1 - 0 U L F VGS t LOAN A SN 1 - 01 S 166308 , 5220 WILSHIRE BLV LOS ANGELES. CA 90036 0/)) 74121 SANTOLINA OR PALM DESERT 98260 © -REDI OF CALIFORNIA 1979 ••• 1]56 ••• AREA-2 RIVERSIDE COUNTY 11� �^ r F671-60 -046 -E T ASSESSOR'S ASSESSED O W N E R & 0 L AND RECORDERS ASSESSES TAX NO, VALUE EXEMPTIONTNET !TAL. PARCEL MAILING ADDRESS L AREA USE DATE AMDUN T91 OTHER TOTAL •LUE NUMBER ffi =S I US ADDRESS a CODE ACRES AMOUNT LAND IMPROVE' ASSESSMENTS VALUE .,03 621-601-0Y6 BAG t%'S RICHARD H L A IB-041 MtlL-HME IV 126 Y. 5 1. 5.625 1129E S GARFIELD AVV E DOWNEY. CA 90242 )/]0 126h1 VA N.01OR PL PALM DESERT 92262 I8,500 6 -60 -047 POOLAL I TAIL - 8- 4 VA -M 8>39 3- 2,116 175 50 '•.I10 1212 W 501H ST LOS ANGELES. CA 90037 8/77 9.500 621-601-048 NICKERSON CHERYL 1 ETAL 19-041 VAC-MSC 161244 5.375 175 5.550 ' 3 - B 10 r ORANGE • E DOWN T A 9024 817L 22.50E 925 621-601-049 GAIENNIE FRANK W ETAL I0-041 MBL-HME 214789 5.610 1.200 6.810 149 FOHOULAC PALM SPRINGS. CA-92262 10/)> 42510 VANADIUM P PA M DC SE Ri 2260 OOD 621-601-050 SUN KING HOMEOWNER5 ASSN I0-041 VAC-MSC 133382 ',.025 SUN KING 1.07AC 9176 11G61 SAN VINCENTE BE 1000 LOS ANGELES. CA 62 -60 -0 1 u eER GEROLO H ETAL IB-041 VA -MSC I]9015 V43,617 3.4 76Y1 HAL DOq PL ALL PARK, CA 9062E 9177 I5.E00 3 0 621-601-052 WEBER GEROLD H ETAL 18-041 VAC-MSC I]9017 3,442 175 3.617 ]64 HO DOR P U NA PARK A 062 /77 s.00E 621-621-055 OOBRINER ALFRED 79 I8-041 VAC-MSC 209219 21295 175 2.470 5.000 C/O WESTERN LAND t DEVELOPMENT CO 10/77 42500 PORTOLA AVE PALn DE SEq CA 9 260 To 000 fi t-601-0 b [NCR ALFRCO 9 19-041 VAC-MSC 1589Y5 5.12 I 4.900 HE STERN LAND t DEV CO 717E 42 503 PORTOLA AVE PALM DESERT, CA 92262 I5.000 62 -60 -0 ] RICHARDSON JOSEPH C ETAL IB- 4 VAC-MSC 21]721 5125 175 4249E DUNES VIEW RO RANCHO MIRAGE. CA 52270 IB/]9 t,595 21.500 621-601-058 S B 5 INC 16-041 VAC-MSC 273652 5.375 175 5.550 34500 DATE PALM DR PALM SPRINGS A 2262 2/78 3.,I 2,50E 621-601-059 GRATCflOR WAY NE iR ETAL 1B-E4I VAC-MSC 16165] 3.468 175 3.643 P 0 BOX 1995 PALM DESERT. CA 92260 B/]] 6 0 S 000 6 1- 21-060 COMING RONALD H ETAL IB-D41 nBL-HME 25477I 5,]0E 1.00E 6.100 74279 DART AVE PALM DESERT 92262 12/]7 ',025 22.50E 6 -60 -061 HIAPUZIO FON iAL 8-.04 VAC-MSC 181082 > ) ROry CHInPUZ10 t SiEVE FBLSOn B/70 6.90E 13001 LOVETTA OR SANTA ANA. CA 92705 22.500 621-601-062 WEBER GERALD H ETAL 18-041 SFR 4.940 660 5.900 - GERALD H WCdER 995 ]641 HAL ODN PL BUENA PARK. CA 9062E Y 2585 SUT iE RS KILL RO PALM DESERT 92262 - 621-602-001 SUN KING HOMEOUNE R 2 SUN KING S AS6N IB-041 133382 6 1.1661 SAN VI MIL NTE BE 100E LO$ ANGELES. CA 3.800 621-602-002 S.YSEN 742 ROCOVE E ETAL IB-041 MBL-HME 246241 3,825 1.275 5.10E 74261 COVER WAGON TRAIL PALM DESERT. CA 92262 12177 h 2616 LUNG SiEN P PALM DESERT 92260 I6 000 3,26 6 1- 02-003 TUCKER JOSEPH R ETAL LB-041 MBL-HME 120815 4.125 1. OD .4 2 5- J R t S E TUCKER 6178 8]35 DELGANY AVE APT 30] PLAYA DEL REV. CA 17.000 5,050 42502 TUNGSTEN PL PA M DESERT 92262 I- 02-004 HILL 6- C ETAL 9 IB-041 VAC-MS 2 8996 `•,000 1 ]G D VOGEL VALLEY RD LOOMIS. CA 95650 10179 4,622 17,000 621-60 -005 19-041 MBL-HM 30597 3,31575 4 34fi N SUNSET AVE Sv LA PUT ry CA 91]44 1 3.490 • 42574 TUNGSTEN PL PALMALM DESERT 92 111 92262 1 14,000 621-602-006 BADHAM ANN H IB-041 VAC-MSC 227495 2.448 175 2.623 1,870 P O B X 537 PATH RT A 92 GO "" DOO 621-602-007 OSTMAN DOUGLAS EIAL IB-041 VAC-MSC 222452 3,IB7 175 3.362 2.595 2522 23RD ST NEWPORT BEACH, CA 92660 11177 382 Y, 5 I- 0 - OB LINTON BOX H ETAL I8-041 MBL-HM 133382 .1 0 P 0 BO%TUNGSTEN PALM DESERT, CA 92262 _ 9/]6 • 42532 ARNOLD LTA PL PALM DESERT 92260 7 6 i-602-00 GEESE ARN OLD TAL B-OV nB -HM 24 4,750 V 12420 LANSDOWN Dfl EDMONiON ALB CAN i6NhL5 4/76 43535 10 NGSTEN PL PALM DESERT 92262 20,00E 6,700 621-602-010 KAKALOW JAMES M ETAL IB-041 VAC-MSC 49312 1.125 175 4.30E 1 FOX HILLS SI WESTMINSTER CA SZ683 I X118 ,500 4,I40 621-602-011 Si1PANOv EU GE NE M ETAL - IB-OVI VAC-MSC 1>97502 2.805 175 2.980- EUGENE n STIPANOV 10/77 _ 291E PECK AVE •B 5AN PEDRO IA 90731 II ODD RODGEFS JAMS$ C EIAL -I�41 VA -M 236539 I! 22738 FESTI VI DA0 OR VALENCIA. CA 91355 11177 1.000 )V - 0 - HU O S - 4 M -HM 11 4,000 7 ) P O BO% 13 5 PALM 0 M CA 9 922 11/ e h 2591'tR OSTEN PL PALM DESERT 92262 17.996 3.235 621-602-0I4 BRAG KENHA HER PAWL ETAL I8-041 MBL-HME 9996 3.025 1,20E 5.025 421505 7UNGSTF. RE PALM DESERT -2260 /]B 3.675 621-602-015 BROWN PHILLIP A ETAL I8-041 VAC-MSC 251113 5.375 175 5.550 IBBI FOSTER CITY BLV •0 POSTER CITY. CA 94454 11178 soo Y. 1- 2-DI 0 ANG MP RE CONS RV ON O 1 - YI VA -X 253088 S.Z50 I P 0 SOX 377 TRABUCO CANYON. CA 92678 12178 - 3,800 621-602-017 IBRACE SOMCHAI _ y VAC-MSC VAC-MSC 0,500 � JI ) !1/6 SAN GOF N RANCHO MIRAGE. A 9 11,18 22.500 4,750 621-602-018 PETERSON RDSERT V ETAL I8-041 VAC-MSC 210160 5.375 175 5.550 1LRN LN HUNT tHOTON BEACH, CA 92648 1 117E 2 a 5.90E 621-602-019 BRAVE RMAN RUIH I9-041 MBL-HME 71901 4.375 1.050 5.Y25 902 W HOPE OR SHOLIll. BROOK. AZ B602[6 4/97}B y1-SB SN A11 CLU BL MunDOCM All S SHI 9225�8- VI VA -n 15�300 P•RiOLA C 42500 PORTOLA OR PALM DESERT. CA 92260 7/78 621_610_-001 <OLEMAH CHA RLCS n ETA L _ _ IB-041 VAC-MSC 9B490 5.375 175 5.55E Y H RM A M A 4 /> 22.500 0.90� $21-610-002 FISCHER WILLIAM 0 ETAL I8-041 MBL-MME 232112 3.469 1.100 5.569 �1810"5 AN'GORGDNlO"9A9CHD MIRAGC. CA 92270 11/77 131 ANY AV' PALM OESERT 9226 I- 1 - AFn RON L�.UU�fi1 1 - Y M L- n 4 .Y 4,6)• �/ -P 0 BOY 3178 (( 74323 GARY AVE PALM DESERT 92262 V ARM SIR ��41 IL,[�T�({ i�P��[1A - V -M V l -LD L--C AAn5 TF0R0-ii .._. / 5,300 175 P 0 BOY 1316 PALM DESERT. CA 92260 621-610-003 BAnn[L AR IHUF F ETAL I8-041 nBL-wK 29250 5.100 1.575 1.7 M 9.925 74339 GARY AVE PALM DESERT 8226E 2170 22.500 © REDI OF CALIFORNIA 1979 ••• 1716 ••• AII[A-2 RIVERSIDE COUNTY Jam' 1 6 I-610-DOS. I pp -- I-F 1 ASSESSOR'S ASSESSED OWNER & E LAN[) RECORDERS ASSESSED EXEMPTION ASSE TAX VALUE AMOUNT NET PARCEL MAILING T ADDRESS L AREA USE DATE TOTAL NUMBER F-=S I I US ADDRESS R CODE ACRES en R.S.OUNT LAND IMPROVE' ASSESSMENTS VALUE ,h,-, B 1-610-006 HEAILrYY AR17UN J-ETAL 10-041 MBL-HME 15]66] OD 1.050 I.]50 H 2,000 A 7415-(-L-XIBY VFPA KI-DESCRT 92260 12/7V �3^ 6 1-fi O- MY R" JOSEPN E ETAL 11.500 621-P [ 8-04 H -HH 46 _ - V532`NUMB T-AVETA CUESCENTA, CA 91214 I/]e 74359 GnRT AVE PALM DESERT 92260 22.500 621-E 621-610-008 GOD DE NOW DONALD ETAL 10-041 VAC-MSC 23649 5.100 255 5.355 M 00-V A- ANADA A 910 1 1 _ 2/7P 22.500 -- IC 621-610-009 HAYDEN JACK L ETAL IB-041 VAC-MSC I87598 4.233 255 4.480 "IJ -2'1952�1"{pLECOVRT RANCHO PALOS VERDES. CA 9/]] 621 1 B 000 VAC t 6 1-610-010 SELLS EOHARD H EiAL IB-041 -MSC 239459 5. 5 1]5 5.55 '1 3l9'l'!"E BC1`-[L-5T"-G-Z OVINA, CA 91792 11/78 521-C v7 6 -610- 1 FORS BE RG WILL1An R ETAL B-041 VAC-M 2.50063524 ] ] 92�"CT1PllE55-AYF.'LLFNODFA, 5,550 CA 91740 417B 6 I-L ✓ 22.500 1,0 621-610-012 BR ADG2r C9H��LE AEYT A L IB-041 VAC-MSC 232149 5,250 I75 5.425 +0 9-�ND10 A 0 1/]p 1_1 " IB-041 VAC-MSC 23259 621-610-013 NHO REV NEO 9 ETAL 0 5.375 175 5.550 . Ti02-ffGl TR`CLAS9nL ORANGE. CA 92666 11/78 - 621-u 2 _500 6 1-610-OIV BO NEN 6LAN LEY W Et AL 18-041 VAC-MSC 225]25 -5. 75 I75 R.. 95 ->-L'CDAIRVTN[-ZA-92]IV 10/70 621-L 22.500 -6 0- ErvHiS MARVIN c [CAL 8-04 HB -Hn s]B o 1,550 14435 C N-SITT PALM DESERT CA 22601 3/]B fi 1-I. ]4435 GARY AVE PALM DESERT 92260 Z 621-610-016 PEAPSOH NARVEY J Einl 18-041 VAC-MSC 97525 1.978 255 T-f FTZ Al11E 0flA CITY. A 4 /]g F 25-DDO 621-610-0I7 MATS DAVID A ETAL I8-041 MBL-HME I01631 5.000 1,]00 1 I'STI-II-LVT-$TVKN NUYS. CA 91405 5/78 621-6 14455 GAPT AVE-PALM DESERT 92260 2,500 fly 621-610-018 BROWN u1LL1An n CIAL 18-041 MBL-HME 167783 5,100 2.045 I,750 H V4 AR XVE-P'ACM DESERT 92260 B/]] G21-6 ! 19.500 S 6 - 9 BROUN LIVER F [[TA_L 19-04 VA -H C 2:0] ] 0 0 u-ox-ILIrw-ARP VALLEY. CA 92307 10/]B 6 1-I t2.soo 621-610-020 XONN SEN RO BE PT ETAL IB-041 MBL-HME 96696 2.958 765 I.150 H 11973 2ti R-"2V S TH-$T'RFF pO R CIRCA 90>10 5/]9 2 _ ]44]9 laAflT AVE PALM DESERI V2260 9.500 1 621-610-021 CAMPBELL DIANA L 18-041 VAC-MSC .206702 3.500 175 3.605 T177b=ODR➢TeT LOS ANGELES. CA 90049 9/78 621_, 13 500 j 621-610-022 SnIIH SHERXAN A ETAL 18-041 VAC-MSC 133493 ,ODD I75 511 5 ➢H-CTON"'PC NLURnT BEACH, CA 92660 6/713 621-1; S - 0-0 5.000 13330 I4AC 9i76 621-� - 11661 SAN vi NCENTE BE 1000 LOS ANGELES. CA 621-621-DOT VALLEY INDUSTRIAL PARK 15-027 COM-VAC 41622 21,930 - 21.930 P 0 BOY ]45 PALM BE SEBY CA 92260 1.33AC />] 6 1 621-621-002 nAH O.v Y NH CDA J ]5-02> COM-VAC h20]2 I ,0 0 13.050 5 COLLINS ISLE BALBOA ISLAND. CA 92262 3/78 621-,621-621-003 MAHONEY RHODA J 75-027 COM-VAC 42072 13.050 13.050 5 COLLINS 15LE BALSOA ISLAND- CA 92262 3/]B 62:- 621-621-004 AO AnE. AL[%ANOCN ETAL ]5-02] COM-VAC IIB435 I ,050 13.050 P 0 BOX 956 PALM DESERT. CA 92260 6/>9 621- 85.000 6 I-621-005 HIRSH NAR OEO ]5-02] -VAC 81554 3 5 78699 BAEPER LAKE OR RANCHO MIRAGE, CA 92270 - 41T8 - 621-621-006 WHITE LHARLiS F EIAL >8 >5-027 COM-VAC 70593 13,050 13.050 621 P 0 BOX I6'1 PALM DESERT. CA 92260 4/78 1-6 1-00> KE Lr DANIEL X ETAL ]5-02] COM-VA 5]646 1 _ 14296 AVE 44 PALM DESERT, CA 92260 12/] 621 4],5D0 621-621-008 SCOTT GEORGE E 75-027 CON-VAC IOISD6 I1,050 13.050 73434 HAYSTACK MTN WAY PALM DESERT. CA 92260 5/]0 6 - 55.000 621-621-011 SHARP JA MES L ETAL >5-02> CCMM 223741 11,475 22.500 33.975 60995 B ST CATHEDRAL CITY. CA 92234 11/]] 621 ]Y]25 J0N1 DR PALM OC BERT 92250 45 000 1-621-01 $XANP JAnFS L EIAL �2] COM-VAC ]hBOB 1 D 12.60 66895 B ST CATHEDRAL CITY, CA 92234 4/]B 621- S O00 6 - - VA E[T INDUSTRIAL PARK,. - ] -0 > COH-VAC ]015t D P 0 BOX ]V5 PALM DESERT. CA 9226U 4/79 621-621-014 VALLEY INDUSTRIAL PARK 55,000 621-' 05-02] COM-VAC ]015] I0.200 10.200 ]45 PA1MD Ni A 60 4/79 52.500 621- 621-621-015 PALM DESERT SELF STOBAGC ]5-02] COM-VAC 74813 30.575 38.575 i 73200 EL BASED PALM DESERT, CA 92260 1.61AC 4/78 0y 00 1- 1-016 0mA-7EPNON N EIAL 5-0 UNIMPRV 15271 Il,y 11,y P 0 BOX 956 PALM DESERT. CA 92260 1/79 74805 JOI11 OR PALM DESERT 92260 45.OD0 - - ] T- R KCPN3N H ET/.1 ] -D ] N MPRY L3061 13,050 P O0 .1. 956 PAIN DCSER . CA 92 60 6/"To 41.500 621-621-018 SCOTT GEORGE E 75-027 COM-VAC 109845 13.050 13.050 621- _2334 HAYSTACK PALM DESERT CA 92260 9/=18 63.DDo 621-621-019 NELSON KAL ETAL 75-027 COn-vAC 1381140 13.050 13-050 621- V221 SARAN 5i BURBANK. CA 91505 >/]H 1 1- 1- 0 nOTt-RANK 5-02] COX-VAC 158810 1 . 13050 73 655 SHADOW MOUNTAIN DR PALM DESERT, CA ]/]B 621-' I 55,ODO NEW OW LOMA - l -0 ] OM-VA 8I ' 53G-O7 A FA AWAY LN PALM DESERT. CA 9226 110 621-621-022 HE W TON LONA A 75-027 COM-VAC 38,16 13,OS0 13.050 ]360]-A 1BTH FAIRWAY LN PALM DESERT. CA 92260 3/]e N WION Ml >5- ] M-VA 1 69 _ 6302 116EN SI NEW TOR.. HT 11418 6/]9 60.000 621-621-024 VALLEY INDUSTRIAL PARK ]5-02] COM-VAC V1622 21.910 21.930 1- 1- YAEL Y 1�•DOS RI IA1. RANK77 5-0 ] COH-VAC 4 16 1\, y. P 0 BOX 745 PALM DESERT. CA 92260 3/7> 621-621-02fi CVLUO I �Q 75-043 UNIMPRV SBS BIBS 621- - 1- VAII Y nrUU$1 RBIAL TeRK A A - VAC AH 1. 0 C/O RICHARD A COFFIN 2.32AC 621 P O BOA 745 PALM DESERT. CA 92260 © R OF CALICCIRH:IA Au 1918 «. n» ..• R -2 RjN " R IYCiS 1(A CJIINTY - _ ASSESSOR'S ASSESSED OWNER & ° LAND RECORDERS ASSESSED E TAX NO. VALUE EXEMPTION NET , A'o PARCEL MAILING ADDRESS L AREA USE DATE AMOUNT NUMBER - =SITUS ADDRESS Y CODE IMPROVEOTHER TOTAL 1 R ACRES 'mR „; LAND ASSESSMENTS VALUE 6 [- 44-006 MOWER' LLIUELLYN L Cinl I8-U01 VACANT 49V28 1.160 1.160, 62i 2672C PARK AVE REDLANDS. CA 923]3 V/]2 621-344-007 MOWERY LLEWELLYN L EfAI - I8-050 APARTMEN75 49]28 3.240 43.230 51.7961 LLEUELLTN L MOUERy__t POBSRT \• SHEARER /] pp 2, 26720 PARK AV RE OLANUS, CA 923]3 43605 MONTEREY AVE PALM DESERT 92260 621-344-008 MOWERY LLEHELLYA L ETAL I9-050 APT 49723 BID IB.075 19.885 621 261PO PARK AVE REQLANDS CA 923] 4/1 43R05 MONTEREY AVE PALM DESERT 92260 1 621-344-009 MO NERY LLEWELLYN L ETAL 18-05D APARTMENTS 49728 4.320 59.010 71.501 621 LLEWELLYN L MOWERY I ROBERT V SHEARER 4/72 8.251 PP 6120 PARK AVE NE04AN055 CA 92373 ' 43925 HUNTEREY AVE PALM DESERT 9226 s21 621-344-010 MAR UAROT BEVERLY J 18-001 VACANT 208691 5.200 5.2001 73744 HWY III PALM DESERT, CA 92260 10/78 62 21.500 621 1-350-005 GONE HILLTAR SUNRISE CO 18-055 VACANT 266353 213.625 21 ,625 - 4B.55AC 121]0 41WIL MONTEREY AVE PALM DESERT, CA 92260 6L, I- 0-006 BONE HALE R-0 6 VAC�NL 6635 �`25 5 SUNPI SE CO 35.54AC 12/]8 1 CO PO MONTEREY MOBILE AVE PALM DESERT. CA 92260 1' 62', 621-350-000 MARCO POLO MOBILE VILLAGE I8-001 HBO-HME-PK 185520 94.250 155,]50 252.189' 5501 APLCOLA AVEVPALM MOUN�CA 907 B.BBAC 9/7R ]B9 6_. 43101 PORTION AV PALM pE SC Hi 92260 1323,DDU 621-350-016 CAME CONSTRUCTION N CO INC I8-041 VACANT 12]9 244.V90 244.490 /q 42555 PORTDLA AVE PALM DESERT, CA 92260 42. 152AC Il 62, CARECONS?PUCTION CO INC 0-00 VAC ART 27 ] R5 ] B5 -�255S-PORTO'l ON CO PALM ESEHI, CA 92260 14,5]AC 1/12 621-350-GIB DAME CONSiRU[iION CO INC I8-041 VACANT 12]9 265.650 265,650' ' SSS7i'ORTOL S-'AVE'P AL'R'DE SERi. CA 92260 - 46.NAC 1/79 621 621-350-023 DAME C01157RUCTION CO INC 8-001 VACANT 127 6.100 00' 42555 PORT OLA AVE PALM DESERT, CA 92260 12.20AC 1/19 1 621-350-02Y PLAZA lNVESTnLNT CO I9-001 COI-VAC 272069 590 590 62; 41500 MONTEREY.AVE PALM DESERT, CA 92260 4.73AC 12/70 -0 BONE WILLIAM B-00 VACANT 266363 7,000 SUNRISE CO 11.67AC 12/78 41500 M0NTEREY AVE PALM DESERT. CA 92260 621-350-030 80NE WILLIAM 10-041 VACANT 272869 550 550 42-000 BOB HOPE OR RANCHO MIRAGE CA 92270 .4hAC 2/le 62' 6 1-350- 31 MORE HILLIAM IB-ORI VACANT 2]2069 6.0]5 6.0 5 42-100 BOB HOPE OR RANCHO MIRAGE. CA 92210 5.51AC 12/79 621-350-032 BONE WILLIAM 18-041 VACANT 272869' 4.825 4,825' 6? •2-000 BOB HOPE OR RANCHO MIRAGE A 70 3.B6AC 2/18 6 1-350-0 PLAZA IRVE SinE NI CO IB-Uyl COI-VAC 484B7 17.200 17.200 6,�; 41500 MONTEREY AVE PALM DESERT. CA 92260 13.77AC 3119 621-350-034 BONE WILLIAM I8-001 DESSERT 8.068 0.0691 SUNRISE CO B 11A E., 41500 MONf PEY AVE PALM DESER , CA 92260 SUNRISE 621-350-035 BONE 18-056 DESSERT 35.60] 35.687 62 SE C CO 38.]9AC f soo •Y ONIEREY AVC PALM DEB RT A 21- 50-801 CVC w0 P 92260 0 00X 1050 CORE HELLA.CA 92236 621-360-001 LEWIS HCMES OF CALIF I8-001 193702 150.000 935 150.935. P D 6=X 670 UPLAND CA�]BG 40.00A /]B �62 43HOM 5AN PCALO AVE PALM DE SERi 92250 r 621-360-004 LEWIS HOMES OP CALIF I8-002 VACANT 193762 103.462 103,462. 1. P U BOX 670 UPLAND. CA 91706 21.59AC 9/10 621- 60-00 Cu15 HOMES OF CnLIFOPNIA 8-001 VACANT 195250 60 000 6B 0 P 0 BON I]41 PALM OCSCRT. CA 92260 30.17AC 9/]B ,- 672.000 FP. 621-360-006 SPADE HARRY V ETAL I9-002 SEA UC 100, 1.555 6.iy5 I.750 H 6.350' 43301 PORTOLA AVE PA MI0'S RT 92260 I.00AC 4169 6,. fi21-360-00] H_GDON HARLE�1 E I8-002 COnn 23057 26.105 71,080 9 ,785i 10 345 PLACEPVILCC FO RANCHO MIRAGE. CA 92270 l9.]YAC 2/74 43155 PORTOLA AVE PALM DESERT 92260 735.000 - 6i 6, I-360-80 ^OACHC4LA vA v R COL CGE Si B-001 621-3]1-001 SIMJCE ABDUL R IB-002 VACANT ]220] ]50 - 0 621 133 OELPHINE PL FULLERTON. CA 92633 W/]9 ].500 621- Y -00 OB_LAND VEL YN A 8-00 VACANT 5276 400 4 1 6P ]3 BI JOS MUA THE PALM DESERT. CA 92260 2/]6 621-37I-003 HOOP 6REG09T C ETAL - I9-002 SFR UC 9.000 376 1.165 5.845 1.750 H 5.260 62, G PCGORY C t DTLANS 40LA /76 43650 5AN PASOUAL AVE PALM OESERi 9 260 621-371-004 PEA E F CT AL 18-002 VACANT 165200 720 72D 62. P 0 BOX 1066 PALM DESERT, CA 92260 10/16 21- 11-00. GAfl CIA RICAE A ETAL IB-002 VACANT I151S0 415 0O0 890 B: 43701 CARMEL CIRCLE PALM DESERT. CA 92260 6/]1 _ 3.000 2 -3] -00 RO J 4S JUST INO L_E1AL 19 18-002 VACANT 31238 750 ] 0 6; 43-5;0 C;H11EL CIRLLLE PALM DESERT CALL 92 60 3166 621-371-001 BOLAS JUSTINO G EIAL I0-002 SFR 31239 1.210 R,870 6.080 6P 43-570 CARPEL CIRCLE PALM DESERT CALIF 92260 3166 l 1160 RANCHO RD PALM DESERT 92260 6 1- 1- LI HII Ole. HAI.LD L Ei IL 16-002 VACANT 52]40 750 50 5726 NE 109TH PORTLAND, OR 97220 4/73 _ ] -DCg If.Y AjjnUP4 LFTAL B- z FR 21220, .500 l0 40 150 H 00 6- 4}11S N CARTEL CIR PALM-DESERT 92260 SA M. 621-371-010 GARCIA NICNARO A EIAL - I8-002 SIR 1.210 3.165 1,750 H 2.625': 6P' 43101 CARMEL CIA PALM DESERT, CA 92260 ] - TCARTIED ZZC AR LC NE N -00 FR 02G93_ F5.930 ] N ]I 6. 438Y5 A CARMEL CIA PALM DESERT 92260 y/'/0 43.000 621-371-912THMAN HAROLO A ETAL I8-002 VACANT 203181 1.020 1.026 _SHIJL05 OR NO TINGTON BEACH CA Y] 0,:I .000 621-371-013 nICHACL A ETAL IB-002 SEA 39052 1.210 1.]50 H 5.030�43605 CARMEL CIR PALM DESERT 922GO 516] 1I- ] - RNS MEYER ] -00 VACANT 881 0 00 ILL.- l SONIA P:NULEfl 12/]8 �,. 4452 ¢LING ST BURBANK. CA 91505 621-371-015 ROJAS LUSTING G ETAL 18-002 SFR 1.210 1.]53 N 5.396435]0_CARMEL CIR P.L DESERT 9�260LAVINE NOUCRT ETAL 1 -00 SFR 1210]0 1.210 1,750 H 5.260 43-800 CARMEL CIRCLE PALM DESERT CALIF 92260 9172 i 43600 CARMEL CIA PALM DESERT 92260 ] - l 0 151K GORY in C; M1.11 CAR nc- �R PALM DESERT92260 B- SFR 18/74 1619 1 0 H 6.500 621-311-018 WILSOH JEFFREY 10-002 SFR 1]BB4 11655 8.160 1.750 N 8.065' 1- - L•V A}_659 C_�nLARM 11 C R PA M RT /19 1 Ln 1 - FR 16�1 1.655 ,9 10.560 g� 332NMONTEZUMA WAY WEST COVIHA, CA 91791 1/19 _ 43680 CARMEL CIA PALM DESERT 92260 13.000I © R E D I��AL IF ORNIA 1979 ••• 1121 ••• AREA-R�• R IYI, JE CCIIAATY ' { i L WNIt�M c 30-a"' j NOOK �kAP .,c.W �. C� p0 OCT mown�f�q !- is& o.feo4 c. Arw op PALM p���wT w s n�, a sApwTY CW Tt f inn. 7�{ .rE v►-t t�Er• CkY�..te.. rAt _ Clew - ..W a'• tf•f,t /� !!may /� _ .^/p- •�.� awl Ana'b�c�t—. 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Y - +p•�;� � � ►IV We, a.11 ••R+� i �� i •••J •t•s Ya� •••• ! a+aboweOl r•t Ir 4t I w K+:gig t _ 'y� �• X' :d tM• _ H.al— ti......... $eatt� is L •�d)a ar•..a •se""' 104406 y..W Y . i • .,J .. •.�S^ .p. •R • WT•-� � l a�� i riw Q•_O• , •n7'y} l Tfhti s�tT�Ow O J�f. 1 ease wa•s 44 • • �� •a�a1•4 , 61 w�ot MOrc *ALL .aa cc.c�r-. • •1•••N M too, e a ea IM . waxe" oty a.•• •a1 N �•�ra,,# A . lea .! •!a•yt• •yp•• ,.•. .•. t a•as• •aws yaa • • •r.• aa N eea• M • ., "a NN .• •,,. .• •aaa• w •ya No ea•'s •a•• ,a1a.,A «r t ' TY. Y r i 80-9-145 September 23, 1980 -8- Job No. B-11359-Pl i Borings were located in a configuration to obtain a maximum amount of subsurface information. Requirements of this report are based upon the assumption that soil conditions do not deviate from those disclosed to depths penetrated in these borings. Recommendations of. this report are based upon 'presently proposed construction. If there are any variations from this, the soils engineer should be notified so that supplimental recommendations can be given if found to be necessary. Findings of this report are valid as of this date; however, changes in conditions of a property can occur with passage of time whether they be due to natural processes or works of man on this or adjacent properties. In addition, changes in applicable or appropriate standards occur whether they result from legislation or broadening of knowledge. Accordingly, findings of.this report may be invalidated wholly or partially by changes outside our control. Therefore, this report is subject to review and should not be relied upon after a period of one year. This report was prepared as an independent engineering geology and/or soils engineering evaluation. All comments, observations, calculations, conclusions and recommendations are based on all data available to this laboratory at this time. The writer has BUENA ENGINEERS, INC. I i l 80-9-145 September 23, 1980 -9- Job No B-11359-Pl no economic interest or ownership in subject property nor does he .anticipate or expect to receive an interest therein as payment for services rendered in preparation of this report. Any or all sub- missions of this report shall be in its entirety. Under no circum- stances shall this report be summarized and synthesized to be quoted out of context for any purpose. Respectfully submitted, BUENA ENGINEERS, INC. Reviewed and approved Raymond E. Brannen No an G. Hallin CE 28966 CE 7370 REB/NGH/nas Copies: 6 - Transcopic 2 - PS I. - VTA i BUENA ENGINEERS, INC. APPENDIX BUENA ENGINEERS, INC . 80-9-145 September 23, 1980 Al Job No. B-11359-Pl INVESTIGATION AND ANALYSIS On September 9, 1980, five test borings six inches in diameter were drilled to depths of up to thirty (30) feet using a truck-mounted power auger. Undisturbed samples were taken by means of a split-ring sampling tube at various depths in each boring. Soils exposed by drilling were found to be stratified and comprised of silty sand with silt interbeds. No free water was found to depths penetrated. After a visual field. classification, samples were returned to the laboratory, classified and tested. One samples.was taken as being representative of the soil types encountered and was subjected to the following tests: maximum density-optimum moisture (ASTM D 1557-78, Method A, modified to three layers) , direct shear, con- solidometer, hydrometer analysis and expansion per the UBC "Expansion Index Test Method." Locations of borings with respect to property can be found on Plate A. Boring logs with soil classification, depths encountered and test results are shown on Plate B. Consolidation tests were performed on undisturbed samples to determine soil compressibility. To illustrate the effect of BUENA ENGINEERS, INC . 4 e 80-9-145 j September 23, 1980 A2 Job No. B-11359-Pl I j moisture on soil compressibility, water was added to the sample j at a surcharge of 500 psf. Results of these tests are shown on i Plate C. Direct shears were performed on remolded samples to determine soil strength for ideal conditions. These samples were subjected to saturated moisture limits and tested at different surcharge limits. Results of shear tests are shown on Plate D. Plate E gives a graphic representaiton of maximum density- optimum moisture curves for the ASTM D 1557-78, Method A or C, modified to three layers. BUENA ENGINEERS, INC. UBC TABLE NO. 29-A ~ - MINIMUM FOUNDATION REQUIREMENTS oot ngs or ay— (1) _ (10) f 6 Raised Floor S s ems (2) (5) (7) Concrete Slabs w All Peri- Interior 3' " Minimum N W r meter footings for Reinforcement ----Thickness eighted .ti w 1 ' Footings slab and for Premoistening Expansion o .� "" Continuous P (6) raised floors Control for Index n .� (6) Footings Total soils under Piers under ° G (3) (8) Reinforce thicknes footings, Piers raised o .� Depth below natural and slabs o u oo oo surface of ground ment (4) of (5) (6) floors z W ;* w and finish grade sand In e 0-20 Very Low 2 6 1 6 12 12 Moistening of (Non- 18 18 None 6x6-10/10 Ground Prior to Piers Allowed Expansive 3 0 1 8 24 24 Required WWF 2" Placing Concrete for single 1 6 12 6 Recommended Floor Loads 15 12 Onl 2 8 15 7 18 18 120% of optimum 21-50 3 0 1 8 24 24 moisture content Piers allowed Low 1-114 Top 6x6-10/10 to a depth of for single and bottom idWF 4" 21" below lowest floor loads adjacent grade, only Testing Required 1 6 12 6 21 12 144 Top 6x6-6/6 130% of optimum 51-90 2 8 12 8 21 18 and Bottom WWF or #3 moisture content 3 0 15 8 24 24 @ 24" e.w. to a depth of 27" Medium Piers not ll3 Bars @ 24" in ext. 4" below lowest adjacent grade. allowed footing and bent 3' Testing Required into slab (9) 1 6 12 8 127 12 145 To 6x6-6 6 2 8 12 8 27 P 1 140% of optimum 18 & Bottom WWF, or #3 moisture content 3 0 15 8 27 24 @ 24" e.w. to a depth of 33" 91-130 � I High #3 Bars @ 24" in ext. 411 below lowest Piers not I footings and bent 3' adjacent grade. allowed into slab (9), Testing Required Above 130 Very High Special Design by Licensed Engineer/Architect a *Refer to next page for footnotes. (1) through U 01 r`, . FOOTNOTES TO TABLE UBC 29-A 1. Premoistening is required where specified in Table UBC 29-A in order to achieve maximum and uniform expansion of soils prior to construction and thus limit structural distress caused by uneven expansion and shrinkage. Other systems which do not include premoistening may be approved by the Building Official when such alternatives are shown to provide equivalent safeguards against the adverse effects of expansive soils. 2. Underfloor access crawl holes shall be provided with curbs extending not less than six (6) inches above adjacent grade to prevent surface water from entering the foundation area. 3. Reinforcement for continuous foundations shall be placed not less than 3" above the bottom of the footing and not less than 3" below the top of the stem. 4. Reinforcement shall be placed at mid-depth of slab. S. After premoistening, the specified moisture content of soils shall be maintained until concrete is placed. Required moisture content shall be verified by an approved testing laboratory not more than 24 hours prior to placement of concrete. 6. Crawl spaces under raised floors need not be premoistened except under interior footings. Interior footings which are not enclosed by a continuous perimeter foundation system or equivalent concrete or masonry moisture barrier complying with Section UBC 2907(a) in this ordinance shall be designed and constructed as specified for perimeter footings in Table UBC 29-A. 7. A grade beam not less than 12" x12" in cross section, reinforced as specified for continuous foundations in Table UBC 29-A, shall be provided at garage door openings. 8. Foundation stem walls which exceed a height of 3 times the stem thickness above lowest adjacent grade shall be reinforced in accordance with Sections 2418 and 2614 in the UBC or as required by engineering design, whichever is more restrictive. 9. Bent reinforcing bars between exterior footing and slab shall be omitted when floor is designed as an independent, "floating" slab. 10. Fireplace footings shall be reinforced with a horizontal grid located 3" above the bottom of the footing and consisting of not less than No. 4 bars at 12" on center each way. Vertical chimney reinforcing bars shall be hooked under the grid. z �3 MAGNESIA FPLLy Dmo- -N- WEDGEWOOD GLEN BUENA ENGINEERS , INC. DATE: -Cj-Z�) •130 FILE NO. F3- Ilb?9•PI a Job No. B-11359-P1 Date September 23, 1980 d �5 TEST RESULTS SOIL TYPE Al MAXIMUM DENSITY (pcf) 120.5 e 3 OPTIMUM MOISTURE (%) 10.3 f ANGLE.OF INTERNAL FRICTION 23.50 COHESION (psf) 150 EXPANSION INDEX 1 CLASSIFICATION GRAVEL 2.1 SAND 62.8 SILT 30.6 CLAY 4.5 Al: Light brown silty very fine to fine grained sand with silt interbeds IN-PLACE DENSITIES BORING & DEPTH DRY DENSITY % MOISTURE RELATIVE COMPACTION 1 @ 1 112.4 3 104.2 5.9 93 5 4.6 86 100.4 3.4 83 10 108. 7 1.7 90 2 @ 1 110.1 1.7 3 6.0 . 91 5 10 0. 7 88 101.1 0.5 84 3 .@ 2 111.3 1.1 92 4 - 3.2 88 10 121.1 5.4 100 4 @ 1 103.1 3 3.4 86 99.7 0.2 83 10 99.5 0.5 83 I 5 @ 1 106.4 2.9 88 3 102.6 0.8 85 BUENA ENGINEERS, INC. -Ld LOG OF BORING FOR Wedgewood Glen DATE 9-9-80 BORING NO. 1 LOCATION: Per Plan o L ; REMARKS z R DESCRIPTION `o N u J i W AND •NALTSIS m o J p ayi A 0 48 1 112.4 5.9 93 38 104.2 4.6 86 5 35 100.4 3.4 83 1 67 10 108.7 1. 7 90 1 Light brown silty Al very fine to fine grained sand with Silt interbeds 2 2 3 No Free Water Total Depth 30.0' F LOG OF BORING FOR Wedgewood Glen ; DATE 9-9-80 BORING NO. 2 and 3 LOCATION. Per Plan V ,REMARKS AND +� ANALYSIS a DESCRIPTION 0 I J F ¢Oc O G D V J 0 m Boring No. 2 3 29 Light brown silty 1 110.1 1. 7 91 very fine to fine 20 grained sand with 3 106.0 0.7 Al 88 silt interbeds 5 18 5 101.1 0.5 84 Hole caved to 7.0 feet No Free Water 0 Total Depth 10.0' Boring No. 3 0 50 Light brown silty 2 111.3 1.1 92 very fine to fine rained sand with 5 40 silt interbeds 4 106.1 3.2 Al 88 1 60 10 121.1 5.4 100 No Free Water Total Depth 11.0' Plateate 8 LOG OF BORING FOR Wedgewood Glen DATE BORING NO. 4 and 5 LOCATION. Per Plan 9-9-80 V REMARKS J F 3 ¢ i uor AND F u n DESCRIPTION u u o > `a a ANALYSIS m S W'sw o O a J F ¢0c o Boring No. 4 0 36 1 103.1 3.4 86 Light brown silty 23 very fine to fine 3 99.7 0.2 83 5 26 grained sand with 5 No Raturn Al silt interbeds 10 261 10 99.5 0.5 83 No Free Water Total Depth 11.0' I Boring No. 5 0 36 Light brown silty 1 106.4 2.9 88 very fine to fine 22 grained sand with 3 102.6 0.8 85 silt interbeds 5 14 4 No Ret rn Al i '10 22 10 No Re urn No Free Water i Total Depth 11.0' I 1 I I I i Plate B i � LOAD IM KIPS PER SQUARE FOOT O.s 0.4 0.0 0.15 1.0 LO 3.0 8.0 smo 0.0 Effect o adding water S u .02 o[ III a a W 2 Z .04 1 3' Rebo nd Z Z O F Oa 0.0 J O 0 effect of adding water Z .02 .04 Rebound #2 @ 5' CONSOLIDATION DATA BUENA ENGINEERS INC. LOAD IM KIPS PER SQUAR& FOOT 0.3 0.4 - 0.6 0.0 1.0 2.0 3.0 4.0 6D 6.0 10.0 0.0 effect of adding orate S u _ .02 W IL # @ 4' Rebound n Z04 Z 2 0 F- 0.0 O_ 3 effect of dding water 0 Z .oz # 5 3' Rebound .04 i CONSOLIDATION DATA BUENA ENGINEERS INC. 01nYP C Y I . dORNIAL LOAO IN KIPS PER tOUARE FOOT 0 0.5 1.0 1.5 2.0 2.5 2.0 4A 3.5 I- 8 s.0 7 O + 2.5 of m a Y Q.O Z A A r r i 1.5 z z a = LO A 0.5 O i j Soil Al, remolded to 90% { of maximum density - DIRIECT •MBAR DATA Q = 23.50 C = 150 psf s 1 s s BUENA EN6tNFEiES ir+f i PLATE 0 i t i f MOISTURE CONTENT IN PRRC4NT OF DRY WSIGNT t o 8 122 6 8 10 12 14 UP of IL 120 i = i 07 h 2 118 t- 2 S116 114 M6TNOD OFC.OMPACTION. ASTM D-1557-78, Method A or C modified to three layers 991L. TYpr' MAXIMUM DENSITY OPTIMUM MOISTURE Al 120.5 pcf 10.3% MAXIMUM DENSITY — OPTIMUM MOISTURE CURVES a BUENA ENGINEERS INC. 621-40,44 POR. WI/2 SEC. 16 T 5 S. R. 6 E. T R A. 180I 624 - l2 POR. CITY OF PALM DESERT . 9� 44 40 R STpRM Cy'gNN — — ' •� � � E4 P LU /7.67Ac SS m la ( 0 13 Q a —t06T V I 43 AC. i N, Q N n\ I . ti . 0 n '�y9621 I I ON -F- j RAW. silts �, BK. 67_.» o Lor 622 s ''I C TR. 1604 1 n b 199"5'2'35"E. v zBnL7 —F- - ' v 0.73 Ac O 23 Ac a ° O 0 m P b b LINCOLN SCHOOL PALM DESERT 9� OEx MIDDLE SCHOOL M - � h n�• 27. 42Ac MB 92/4.5 14 44 ',ov g ]981 M. B. I2//67-68 TR. 16942-/ TE OlO NO NEW NO ciry O . E , ,,Nr.AL SERVIC 9/eY 2 CITY p 6 P''lu'; OEScRrES 7 S4 . . .... 9<.5 ■■■■ VM.INSURANCE ANO TRUST 30 2� ASSESSORS MAP 8K.624 PG 12 • r /9r RIVERSIDE COUNTY, CAL IF County of. Ri�er�ide FROffis � �� Rom: CI PAW =RT GEN. FORM 4, 3/65 Engineering Service Corp. 71-537 Highway 111 , Ste. "A" Rancho Mirage, Ca. 92270 Engineering Service Corp. 71 -537 Highway 111 , Ste. "A" Rancho Mirage, Ca. 92270 Engineering Service Corp. 71 -537 Highway 111, Suite A Rancho Mirage, Ca. 92270 r _ 1 Trll+anscopic Development Corp. P. O. Box 1016 Rancho Mirage, Ca. 92270 Transcopic Development Corp. P. O. Box 1016 Rancho Mirage, Ca. 92270 CITY .OF PALM DESERT REAMER'S RECEW - 5394 RECEIVED OF: y �AdISGD/�/C �C�GLQ/'��CN/ DATE i AMOUNT 5D, Cn[sl FOR [bct ct-� RECEIVED! CITY TREASURER BY: ?�� ACCOUNT AO, AMOUNT CHECKS ACCEPTED SUBJECT TO BANK CLEARANCE PAYOR 18o 0_ — _ I -al — — — — — — • O_175 _EXis T/N G 'I I NIzo — .o N� �I I coo gl i�— � L/EvE � I'I 1 ♦ ,.O' 1 i �. 0col o 0 �-- 0 C2� Cam• q cr V y y .-. o -• q � Lo7 0�Z LoT 1 Z�r O \ 0 E l�Fo�z c_o.vsT2t�cT/o.t/ A �; • �F 38 S/,vGLC M/LY �OQ CO/�/ST UCT/ON OF .QP,V ,4L LJrV/TS—NUM E2 OF \ U/V/ 7 S ) �Un//T3 QEP6♦V�O N �[/7 J,02E �T \ 4CT/ �/ To `l � i• � � SAC T/o i./ /-1 -A � 0� ! �7ob 0 1( �" �- �' ao Q \ 2 I'Ih I ,�la'�q �n �\ �''h1b� / ,�D�i�� / 8p 46 —� __ _��•3 / _�` �__ _ a. 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