June 1, 2023
LS
Carlson
Law
949
-
421
-
3030
85 Enterprise,
Suite
310
Aliso
Viejo,
CA
92656
ptran
@
lscarlsonlaw.com
VIA EMAIL
AND
CERTIFIED
Kristin Pelletier
, Esq.
Chief Assistant City Attorney, Civil Division
City of Anaheim
200 S. Anaheim Blvd., Suite 356
Anaheim, California 92805
RE:
Moyer / Anaheim Ridge Estate Owners Association
Dear
Ms. Pelletier
:
This office
represent
s
Dr. Richard Moyer and Dr. Kaye Moyer (collectively, the “Moyers”) ,
owners of the real property located at 6961 East Via
El Estribo, Anaheim, California 92807
(the
“Property”). By virtue of their ownership of the Property, the Moyers have been
members of the
Anaheim Ridge Estate Owners Association (the “
AREOA
”)
since 1995.
It has come to our attention that the AREOA
has recently moved forward with
the process of
calling a
vot
e of
its members
hip
to approve proposed amendments to the
AREOA
’s Covenants,
Conditions and Restrictions and Reservation of Easements (the “ CC&Rs
”)
. We
are
bring
ing
these proposed amendments to y
our attention because
it is clear
that
the amendments
, if passed,
will
arbitrarily
and
significantly
shift
the responsibility of
the
repairs
,
maintenance
and insurance
obligations
of
many
of
the common area slopes away from
the
AREOA
, and instead plac
e
those
responsibilities directly onto
individual
homeowners
residing in
this
34 -
parcel
hillside
development
.
I would note from the outset that
the Moyers, are engaged in active litigation with the AREOA over the very issue of the AREOA’s failure to adequ
ately repair and maintain the Moyers’ slope
(Slope
12 ), and we view the AREOA’s efforts to amend its CC&Rs as a n obvious
attempt to
shirk its responsibilities and
avoid liability in that
case
.
As discussed below,
the
City of Anaheim
is an important stakeholder
in these matters, and we believe that it is incumbent
upon
the City to
address the proposed amendments and prevent the AREOA from disclaiming specifically
Kristin
Pelletier,
Esq.
June
1,
2023
Page
2 mandated
responsibilities and obligations which were est
ablished decades ago
by the City of
Anaheim
.
1 The following summarizes our understanding of the recent actions taken by the
AREOA
in
affecting these proposed amendments to its CC&Rs
, as well as the pertinent history and recorded
documents that outline t
he
purpose of assigning the
AREOA
with the
obligation for maintenance
and repair over the common area
slopes
(
as opposed to the individual homeowners
)
:
—
It is our understanding that i
n or around April 2023,
the
AREOA
reached out to the
Anaheim City Attorney’s Office (the “City Attorney”) seeking confirmation as to
whether the City Attorney
would
object to an amendment of its CC&Rs that shift
s
most
common area
slope
maintenance and repair obligations
away from the
AREO
A
,
and instead assign
ing
such responsibility
to
various
homeowners within the
AREOA
,
in contravention to the original City Council Conditions of Approval from 1975 .
—
Pursuant to Article XV, Section 5 of the CC&Rs
, the City of Anaheim (the “City
”
)
has
the power to veto any amendment to the CC&Rs “
if, in the opinion of the City,
such amendment or written agreement would be detrimental to or have an adverse effect upon the complete and proper maintenance of the Common Area. No amendment … shall take effec
t until fifteen (15) days following written notice thereof to the City to afford the City the opportunity to exercise its veto. If no veto has been exercised by the City within fifteen (15) days of the receipt of such written notice of such amendment… said
agreement … shall thereafter become effective
.
” A copy of
the
relevant portions of the
AREOA
’s
CC&Rs
is attached hereto as
Exhibit “
2 .
”
—
On or
about
May 12, 2023, the
AREOA
distributed
to its membership
a proposal for
amendments to the
AREOA
’s CC&Rs. Copies of the proposed amendments
and
ballots
distributed by the
AREOA
are attached hereto as
Exhibit “
3 .
”
The
pertinent
language of the proposed amendments are as follows:
o
Proposed Amendment No. 1 of
Article II, Section 1(e) of the CC&Rs:
“
Section 1. Owners’ Easements of Enjoyment
. Every Owner shall have a right
and easement of ingress and egress and of enjoyment in, to and over the
Common Area (except for the slope areas of the Common Area) which sha ll
be appurtenant to and shall pass with title to every Lot, subject to the provisions of this Declaration, including without limitation, the following provisions: …(e) The right of the Association (by action of the Board) to
1 For example, Item #16 of the Conditions of Approval for Tract 7587, dated April 1, 1975, required “some provision, acceptable to the City Council, for the landscaping and maintenance of the slopes within/or
created by the
development of this property.” A year or so later, following the issuance of a Grant of Easements and Common Area, and the approval by the City Attorney’s Office that AREOA’s CC&Rs acknowledged acceptance of the responsibility to maintain i
ts slopes, Tract 7587 was approved. Tract 7587 Conditions of Approval is attached hereto as
Exhibit “1.”
Kristin
Pelletier,
Esq.
June
1,
2023
Page
3 reconstruct, replace or refini
sh any Improvement or portion thereof upon the
Common Area,
in the Board’s sole discretion. The Association need not restore the Improvement and Common Area
in accordance with the original
design, finish or standard of construction of such Improvement.
For
example,
the current condition of the slope of Lot 12 may be deemed by the Board to be sufficient
.
”
(As amended [emphasis added].)
o
Proposed Amendment to Article V(a) of the CC&Rs:
Article V. Duties and Powers of Association
. “The Association, acting
th
rough the Board of Directors, shall have, without limitation, the power and duty to: (a) Maintain, repair and otherwise manage the Common Area and all
facilities, Improvements and landscaping thereon,
except that the Association
shall pass to the owners o
f each slope on Lots 6 through 26, inclusive, and
Lots 28 through 34, inclusive (excluding the show slopes as lots 1, 5, 6, 7, 8), the duty to maintain, repair, replace and otherwise manage the Common Area slopes and improvements. Article XI, Section 1 of
this Declaration
shall be amended to change the responsibility for providing liability insurance for loss or damage by fire or any other loss for the slopes
(excluding the show slopes as Lots 1, 5, 6, 7, and 8) to the individual owners of those lots.
” (As
amended [emphasis added].)
It bears noting that
certain Lots are excluded from the shifted
responsibilities, namely, Lots 1 through
8 , and Lot 27.
The “shift” would impose an undue burden on affected owners whose slope conditions have arguably worsened over the years due to the AREOA’s own failure to maintain, repair, and otherwise manage.
—
Notably,
the AREOA is seeking to avoid responsibility for
restoring natural landscape
and vegetation
of the common area slopes
damaged by the Canyon 2 Fire
. In addition,
the AREOA seeks to empower its
ever
-
changing
board with the exclusive authority to
determine the condition of the slopes and whether or not repa ir is indicated. The
slopes in Tract 7587 are peculiar in that the development lies within the Santiago
Geologic Hazard Abatement District (“SGHAD”) and also within a
Wildland Urban
Interface (“
WUI
”)
, having experienced
both
landslide movement
and wildfire
.
—
The proposed amendments do not define “maintenance
,
” nor does it provide a
pathway of enforcement in the event homeowners do not comply.
It bears noting that
the
AREOA’s maintenance obligations are well defined in other governing documents, including the Anaheim City Council Conditions of Acceptance of Tract 7587 dated April 1, 1975, Chapter 17.06 of the Anaheim Municipal Code, Public Resources Code
Section
4291 (
California Fire Code)
and Government Code Section
Kristin
Pelletier,
Esq.
June
1,
2023
Page
4 51182
, the June 28,
1996,
report by Eberhart and Stone referenced in City Council Resolution 99R
-
31 dated 2/23/1999 and the SGHAD Plan of Control.
A copy of City
Council Resolution 99R
-
31 is attached hereto
as
Exhibit “4”
.
The
SGHAD Plan of
Control is attached hereto as
Exhibit “
5 .
”
Accordingly, we view the efforts to adopt
the proposed amendments as an obvious attempt by the AREAO to circumvent its maintenance obligations under this previously
-
established f
ramework.
—
Indeed, t
he Moyers have been critical of the AREOA’s failure to maintain the common area
slopes, particularly the
rear
slope
attached to
the Moyers’ Property
identified interchangeably as Lot 12 slope, or Slope 12. Slope 12 is a west -
facing
slo
pe and does not retain moisture
,
as well as some other slopes. The City of
Anaheim has specifically recommended the use of hydro
-
seeding using a “Native”
mix and temporary irrigation to repair and reconstruct some of the vegetation on Slope 12. The City of
Anaheim has also recommended replacement of trees
(specifically Coast Live Oaks which are protected under Title 18 of the Anaheim Municipal Code)
damaged or destroyed by the Canyon 2 Fire of 2017. This is one of
the issues that gave rise to an enforcement action the Moyers filed against the AREOA.
As amended, Section 1
would give the AREOA unbridled authority to deem
common area slopes
as
sufficiently maintained in arbitrary fashion, in contravention of professio
nal standards, and State and City mandates.
Alarmingly
, it is an apparent
attempt on the part of
the
AREOA to silence whistleblowers such as the Moyers.
—
On
or
about
May 16, 2023,
it is our understanding that on behalf of the City Attorney, you
informed
c
ounsel for the
AREOA
that the City would likely object to the “shift”
regarding the responsibility for repair and maintenance of the slopes adjoining the individual dwellings of the
AREOA
.
—
On May 17, 2023, at a board meeting, the
AREOA
’s
board
of directors
passed the
proposed amendment
s
and directed the property manager to
send the
ballots
to the
membership
for
voting
.
(
See
Exhibit “
3 ”
.)
On May 25, 2023, the membership
received the secret ballots, with a final ballot counting day set for June 26, 2023
.
—
For context and background
,
b
y the early 1970’s, the City of Anaheim completed its
annexation of the land that would become known as
Anaheim Hills
. The City installed
infrastructure (roads, water, power, etc.) seeking to service 25,000 new homes.
However, City engineers came to realize that due to
HAZARDOUS GEOLOGIC
CONDITIONS
including steep terrain, ancient landslides, faults, artesian springs, seepage, high groundwater, slip planes, etc., traditional development grading techniques would o
nly support a fraction of the new homes proposed and this would not be enough to justify the project. In collaboration with Anaheim’s City Council the developers put together a Task Force to salvage the project and move forward. A copy of the excerpt from
Landforming
(2007) written by Horst J. Schor, is attached
hereto as
Exhibit “
6 ”
.
Kristin
Pelletier,
Esq.
June
1,
2023
Page
5 —
In response to the Task Force recommendations, on March 25, 1975, the City Council made two important changes to its Municipal Code allowing the City to proceed with a previo
usly unproven approach to development called
Landform Grading and
Revegetation
:
1. Landform or “contour” grading was approved for hillside areas in Anaheim, specifically targeted to the area known as Anaheim Hills. According to Mr.
Schor, this type of gradi
ng was done to “mimic stable natural hill slopes”.
Think of contour grading as a softer, gentler form of grading which follows the contour of the existing land, rounding off the edges in the process for a more pleasing aesthetic appearance than traditional
angular grading. Both
types of grading utilize cut and fill techniques.
2. Also according to Mr. Schor, to prevent the risk of ongoing EROSION on the slopes created by contour grading, vegetation had to be applied in a manner compatible with slope hydrogeol
ogy. A formal plan was required to
“revegetate” the newly created slopes
and
also to provide a mechanism to
keep the slopes maintained in perpetuity.
Chapter 17.06
of the City’s
Municipal Code was modified specifically for this purpose and addresses landsc
aping of the various slope types as well as the transfer of slope maintenance (and liability) to a “Mandatory Community Association” (HOA).
—
Chapter 17.06 of the Anaheim Municipal Code was formally implemented on April 1, 1975
,
and once this hurdle was cleared the developers could then move forward with putting together tracts of homes. On this same day, Tract 7587 (Anaheim Ridge Estates) received tentative approval from the City Council, pending certain conditions set forth by
the City Planning Commission. One of the conditions was the approval by the City Attorney’s office of a Tract Map showing Common Area and slope designations.
Tract 7587’s CC&Rs had to demonstrate acknowledgement by the Association of its obligation to main
tain and restore the slopes
. Eventually it took
over a year to put all of this together as Tract 7587 was the first tract in Anaheim Hills to be subjected to these conditions.
o
Anaheim Municipal Code (“AMC”)
17.06.138
requires all slopes within hillside
areas to be “maintained by a Mandatory Community Association” (HOA). This particular ordinance adds, “All plants shall be maintained in a healthy condition” during the duration of responsibility.
H
ere we also find “main
tenance” defined as
“water and weed”, clarifying some of the AREOA’s slope maintenance requirements to keep landscaping properly irrigated, healthy and free of weeds.
o
Item #6 of the Conditions of Approval for Tract 7587, dated April 1, 1975, requires a “f
irebreak(s) be constructed subject to the review and approval of the
Kristin
Pelletier,
Esq.
June
1,
2023
Page
6 Fire Chief”. Over the years, state and local legislation was introduced that altered the requirements of a firebreak relative to what was required in 1975. 15 -
20 years
ago, Tract 7587 was
placed within a Wildland
-
Urban Interface or WUI,
considered the highest severity of wildland fire risk. Brush clearance for an approved firebreak was initially 30 ft. from any flammable structure. Later it was extended to 100 ft. A few years ago the City
of Anaheim imposed a 200 ft.
firebreak for “upslope” homes, including most of the parcels within Tract 7587, just for one year (attached). Presently the City works with a single individual, the property manager of Tract 7587, to ensure the firebreak is bei ng maintained in
accordance with the most recent legislation. It is wishful thinking to believe that individual homeowners will voluntarily comply with the City of Anaheim to create firebreaks if the AREOA is relieved of this maintenance obligation. The co
st is generally around $400
-
$500 per parcel but the fine for non
-
compliance is
only $132. If slope maintenance is transferred to individual homeowners, the City of Anaheim will have to enforce Public Resources Code 4291 on each and every parcel, creating a
burden to the City in contravention to the City Council’s intent to have the HOA perform this function. It has taken years to establish a reasonable tract
-
wide approach to the firebreak in tract 7587. Given the recent proliferation of non
-
native vegetatio
n and grasses following the heavy rains of
this past winter, this is not the time to jeopardize the creation of a firebreak that benefits the entire area.
—
On or about January 26, 1976, t
he City Engineer for the City of Anaheim approved
a
Grading Plan for
Anaheim Hills
. The
common interest development
governed by the
AREOA
is included in the Grading Plan.
Further, the Grading Plan
sets
for
th
certain
restrictions,
including
that “
no work shall be done per this plan without first obtaining a grading permit fr
om the City of Anaheim and notifying the grading inspector[;] all work shall conform to the State Construction Safety Orders[;] all work to conform with City of Anaheim Excavation and Grading Code Title Seventeen and State Standard Specifications
.”
A
copy of t
he Grading Plan is attached hereto as
Exhibit
“
7 ”
.
—
Book 13003, pp 609
-
618, entitled “Grant of Common Area and Access Easements for Anaheim Ridge,” as recorded at the Orange County Recorder’s office on January 17, 1979 (“Grant Deed”), defines the
AREOA
’s Common Area and easements, including
the various slope designations (e.g. “Native,” “Natural,” “Show,” etc.). The Grant Deed demonstrates that the
AREOA
owns an easement for the maintenance, repair
and upkeep of landscaping, irrigation and drainage
systems “across, over, under and
upon” its Common Area. A legal description of the Common Area, including an identical map found in the Grant Deed, is located in Exhibit “D” to the AREOA
’s
CC&Rs.
Kristin
Pelletier,
Esq.
June
1,
2023
Page
7 —
In July 1992
,
a
team of geological and geotechnical consul
tants at Eberhart & Stone,
Inc. (“E&S”) first observed ground deformations in the Santiago Landslide ,
2 to wit,
“tension cracks near Avenue de Santiago and pressure ridges traversing the Rimwood cul
-
de
-
sac area.”
3 In December 1992 through early January 1993, the area experienced heavy rainfall which resulted in
mass earth movement
during the
weekend of Jan
uary 16
-
17, 1993.
(
Id
.)
The E&S team attributed the landslide
movement to rising ground water that destabilized the ground, and concluded that the subsequent dewatering efforts to withdraw ground water stopped the mass movement by the end of January 1993.
(
Id
.)
“Gross movement has not been detected since
February 1993.”
(
Id
.)
However, the E&S team noted that the pre
-
existing weak planes
and critical influence of ground water will continue to affect the stability of the Santiago Landslide.
(
Id
.)
They stated
that “the fact that area stability is dependent on
the control of ground water
cannot be overemphasized. Therefore, it must be
recognized that the dewatering systems have to be effectively operated and carefully monitored indefinitely.”
(
Id
.)
—
Following the 1993 mass movement of the Santiago Landslide, where a substantial number of properties in the
AREOA
suffered damage, the City installed a massive
dewatering system to prevent further landslides. The Santiago Geologic Hazard Abatement District was formed in 1999 to maintain the dewatering system by an endowment from the City of Anaheim. All but one of th
e lots in the development is
included within the boundary of the SGHAD. The dewatering system includes vertical and horizontal wells that collectively remove 37,000 gallons of water per day.
Many
of the facilities even cross property lines.
It is anticipat
ed that the SGHAD
dewatering systems will be shut off within the year
.
—
The
AREOA
is subject to
Title 16, Title 17, and Title 18 of the Anaheim Municipal Code. Furthermore, all “improvements” within the development, especially those concerning permanent ir
rigation and/or drainage, are subject to the approval of the SGHAD
due to the potential impact on the dewatering facilities located throughout the development. SGHAD mandates that all permanent irrigation be drained to a City
-
approved drainage device
–
the
AREOA
’s irrigation systems included.
o
Article XII (d) (4) of the AREOA CC&Rs mandates “Fire and Extended Coverage on Insurable Common Area property on a current replacement cost basis in an amount not less than one hundred percent (100%) of the insurance value (based on current replacement cost)
.
” To protect the lenders, this portion of
2 “The Santiago Landslide is a term applied to an area of locally discontinuous ground deformation encompassing roughly 25 acres.” (Report for the “San
tiago Landslide” prepared by Eberhart & Stone, Inc., dated June 28, 1996, for the City of Anaheim, Office of City Attorney, attached hereto as Exhibit “
8 ”
(“E&S Report”
)
.
3 E&S Report, Overview, p. i.
Kristin
Pelletier,
Esq.
June
1,
2023
Page
8 the CC&Rs may not be amended without the approval of 75% of the first mortgagees or owners.
The proposed amendments seek to transfer common area insurance responsibility
arbitrarily from the AREOA to 29 of the owners, while
continuing to provide it for others (Lots 1, 5, 6, 7 and 8). No enforcement plan has been provided so it remains to be seen how the AREOA would enforce insurance coverage without a binding enforcement m echanism in
place. Historically this has been an issue. Three of the parcels, all of which are within the “limits of surface damage” have been issued “maintenance licenses”, allowing the property owners to alter the designation of their rear slopes without
the approval of the membership and without
clarification of maintenance responsibilities. A primary condition of the licenses is the purchase of security bonds by the parcel owners to cover any damage related to changes incurred to the common area and sur
rounds, such as another landslide due to excessive irrigation.
The issue here is the unmonitored irrigation of originally Native slopes located in the center of the “limits of surface damage”. If irrigation recharge from these lots is ever determined to
be the cause of another
landslide, the homeowner and the AREOA will both be liable, potentially placing hardship on the AREOA members. However, the AREOA has never enforced the purchase of such bonds leaving the AREOA members exposed to significant liabili
ty against their will and knowledge. With
more and more insurers pulling out of California due to the risk of wildfire, it may be difficult, if not impossible for individuals to obtain the necessary coverage.
—
The entire Tract 7587 development within the
A
REOA
also lies within a Wildland
Urban Interface (“WUI” or “Very High Fire Hazard Severity Zone”) and is subject to the fuel modification mandates under California
Public Resources Code
Section
4291
and California Government Code Section 51182
.
—
On October
9, 2017, the Canyon 2 Fire ravaged the development, causing significant destruction, including the total loss of three homes. The creation of a “firebreak” on the Common Area rear slopes is under the purview of the Community Risk Reduction Division of Ana
heim Fire and Rescue (as the
AREOA
is within a WUI).
—
In sum,
the recurrence of wildfire
,
erosion
and groundwater infiltration
issues that
will likely result in another major landslide movement, are constant threats to the membership of the AREOA and surrounding communities. The AREOA was mandated upon its approval to perform oversight, maintenance, repair, and management of commo
n area slopes, in large part, to mitigate the risks that such
Kristin
Pelletier,
Esq.
June
1,
2023
Page
9 devastating impacts an impending landslide movement and /or
potential wildfire will
have.
It is abundantly
clear
that by seeking to amend its own CC&Rs, the AREOA will upend the delicate balance
established years ago between the AREOA, the City, and SGHAD ,
and the
crucial roles and responsibilities of these entities in addressing the foregoing hazards and
concerns. Indeed, if passed,
the
amendments
to the CC&Rs proposed by the
AREOA
would
shift
the responsibility for repair and maintenance of the slopes away from the
AREOA
, and instead
place the maintenance and repair responsibility directly on to individual homeowners
. Such an
amendment would be
in
direct
contravention of the conditions fo
r
the
AREOA
’s and the
development’s
approval by the City of Anaheim. Moreover,
such a
shift
will
fundamentally
provide a mechanism for lot owners to alter the designations of their rear slopes as specified in the governing documents, allowing them for exam
ple to add permanent irrigation and non
-
native
vegetation to
slopes
previously designated
as
“Native
.
”
This would greatly increase the risk for
landslides and wildfires in the community, and could have disastrous results for the members of the
AREOA
, as we
ll as the people living in neighboring homeowners’ associations.
The
AREOA
has previously sought to circumvent the requirement
of seeking approval from the
City and allowed homeowners to install improvements that do not conform with the Anaheim Municipal
Codes, by entering into maintenance license agreements with t
hree
homeowner
s
.
For
example
,
a few years ago
one
AREOA
board member installed a water
-
thirsty putting/chipping
green on his rear slope. Another
board member
installed a terraced garden. Unfortun
ately, no
deference was made to drainage of the added irrigation
on either of these homeowners’ rear
slopes
despite the recommendations of Eberhart and Stone
. Rather than going through the
process of obtaining approval from the City of Anaheim and the SGHA D, the
required
regulatory pathways were circumvented. These changes in slope designation were done without the approval of the membership, the City of Anaheim or the SGHAD.
The amendments to the
CC&Rs proposed by the
AREOA
will essentially codify the lang
uage presented in these
maintenance license agreements for all homeowners without the safeguards put in place by the City and the SGHAD.
The
lots
referenced above that entered into
maintenance licenses
agreements with the
AREOA
are located in the “landslide deformation area”
(
aka
“limits of surface damage”)
of an active
landslide attributed by the SGHAD’s Plan of Control to be due to applied landscape irrigation.
The SGHAD’s dewatering system was not engineered to handle the addi tional permanent slope
irrigation that ensued as a result of these licenses
or changes from
N
ative slope to
S
how slope
.
Allowing a shift of the responsibility to repair and maintain slopes to individual homeowners will risk providing r
echarge from irrigati
on and/or inadequate drainage
. This
could lead to
further slope failure as has already occurred
at least twice
, potentially damaging other properties
both inside and outside
of
the development. Following the 1993 mass movement of the Santiago Landslide, t
he experts concluded that the cause of the landslide was excessive groundwater infiltration
(
aka
“recharge”)
.
By proposing these amendments to the CC&Rs, the
AREOA
is
Kristin
Pelletier,
Esq.
June
1,
2023
Page
10 creating
a situation whereby damage to adjacent properties
may occur
as a result of exces
s
irrigation or poor drainage.
4 It also bears noting that t
he proposed amendments
effectively change the slope designations for
several slopes in variance
of
the Grant Deed
. Allowing the
AREOA
to make these proposed
changes to the CC&Rs would allow the
AREOA
to evade scrutiny from the City of Anaheim by
hiding from its obligations pursuant to Title 16, Title 17, Title 18 of the Anaheim Municipal Code, as well as the SGHAD’s Control Plan.
Due
to the significant threats of natural disaster facing the AREOA
, the proposed amendments
are not in conformity with the Governing Documents, or the AREOA
’s own general purposes set
forth in its Articles of Incorporation,
which are
“
[t]
o promote the common
good, health, safety,
and general welfare of
all
of the residents within the Project
.”
We would like to know whether your office has made any determinations on the matter . In
particular, we would respectfully ask your office to consider
exercis
ing
its veto power over the
proposed amendments
, given the significant concerns outlined above
.
Please note that the
AREOA
’s dereliction of its duties to maintain the common area slopes to mitigate the risk of harm due to natural disasters, namely, mass mov ement of the Santiago
Landslide and wildfire destruction, is the subject of
a civil lawsuit
filed by the
Moyers against
the
AREOA
on July 10, 2019, in Orange County Superior Court, Case No. 30 -
2019
-
01082311
-
CU
-
BC
-
NJC.
We view the AREOA’s attempts to enact
t
he amendments to the CC&Rs
as
an
attempt by the
AREOA
to avoid liability to the Moyers for its past failures to abide by its maintenance and repair responsibilities under the CC&Rs —
and likely to avoid liability similar
4 The AREOA has created confusion (and possibly misdirection) regarding Lots 6, 7, and 8, indicating that the common area on these lots is designated as “Show slopes” when in fact only a small portion of Lots 7 and 8 is designated as such, and a much larger
portion is designated as “Native” slope, per the Common Area tract map as originally approved by the City Attorney’s office. This slope designation is critical as the rear slopes of Lots 6, 7, and 8 include a section of the Metropolitan Water District’s pi peline. In 1956, prior to any housing development, the
pipeline was excavated and geologists discovered seepage and a series of water trapping faults (see MWD report 795, attached hereto as
Exhibit “9”
). According to Eberhart and Stone
,
these water trappin
g faults cause
groundwater from seepage, irrigation and rain (recharge) to be trapped in the Via El Estribo area resulting in anomalously high baseline groundwater levels. According to AMC 17.06.132.0501, “Native” slopes are to be planted with native and i
ndigenous plants then temporarily irrigated until established (may be hydro -
seeded)
whereas “Show” slopes are required to be planted with 100% ground coverage, 50% shrub coverage and 40% tree coverage, and then permanently irrigated via an automated sprink ler system (AMC 17.06.132.010
-
0103). Show
slopes require copious amounts of ongoing permanent irrigation to maintain plant health whereas native slopes require no ongoing irrigation once vegetation is established. According to the SGHAD Plan of Control, wi thout
exception, all 34 lots of Tract 7587 are considered to be “tributary” to the Santiago Landslide in that irrigation recharge from these lots contributed to the conditions that triggered the reactivation of the Santiago Landslide. In their lawsuit, the
Moyers seek to curtail the addition of unnecessary permanent irrigation to common area slopes to reduce the burden of
recharge to protect the local community from further ground movement which is deemed to be “certain” if ground water levels ever return t
o 1993 levels.
Kristin
Pelletier,
Esq.
June
1,
2023
Page
11 lawsuits in the future
—
by wrongfully
assigning the
AREOA
’s responsibility for maintenance
and repairs on the slopes onto the individual homeowners.
We very much appreciate your prompt attention to this matter.
Should you have any questions or
would like to
further
discuss, please do not he
sitate to contact me.
We would be happy to
schedule a call with your office to discuss the foregoing issues , which we believe are of critical
importance not only to the residents of Anaheim Ridge, but to the City of Anaheim in general.
Sincerely yours,
Phong L. Tran
, Esq.
EXHIBIT “1”
75-] 96
City Hall, Anaheim, California - COUNCIL MINUTES, -.~pril 1, 1. 975., 1: 30 P. M.
TENTATIVE MAP TRACT NO. 7587; REVISION 1 ( RECLASSIFICATION NO. 74- 75-287 ENVIRONMENTAL IMPACT REPORT NO. 145): Developer, Anaheim Hills, Inc.; property located on the west side of Hidden Canyon Road, south of Seranno Avenue; con- taining 34 proposed RS- HS-22, 000 zoned lots.
The City Planning Commission at their meeting held March 3, 1975, approved said tentative map tract subject to the following conditions:
1. That the approval of Tentative Map of Tract No. 7587 ( Revision No. 1) is granted subject to the approval of Reclassification No. 74- 75-28.
2. That should this subdivision be developed as more than one subdivision, each subdivision thereof shall be submitted in tentative form for approval.
3. That all lots within this tract shall be served by underground utilities.
4. That a final tract map of subject property shall be submitted to and approved by the City Council and then be recorded in the Office of the Orange County Recorder.
5. That any proposed covenants, conditions and restrictions shall be submitted to and approved by the City Attorney's Office prior to City Council approval of the final tract map~ and~ further~ that the approved covenants~ conditions and restrictions shall be recorded concurrently with the final tract map.
6. That a firebreak(s) be constructed subject to the review and approval of the Fire Chief.
7. That street names shall be approved by the City of Anaheim prior to approval of a final tract map.
8. That the owner(s) of subject property shall pay to the City of Anaheim the appropriate park and recreation in- lieu fees as determined to be appropriate by the City Council, said fees to be paid at the time the building permit is issued.
9. That drainage of said property shall be disposed of in a manner satis- factory to the City Engineer. If, in the preparation of the site sufficient grading is required to necessitate a grading permit, no work on grading will i permitted between October 15th and April 15th unless all required off- site drainage facilities have been installed and are operative. Positive assurance shall be provided the City that such drainage facilities will be completed prior to October 15th. Necessary right- of-way for off- site drainage facilities shall be dedicated to the City, or the City Council shall have initiated condemnation proceedings therefor ( the costs of which shall be borne by the developer) prior to the commencement of grading operations. The required drainage facilities shall be of a size and type sufficient to carry runoff waters originating from higher properties through said property to ultimate disposal as approved by the City Engineer. Said drainage facilities shall be the first item of construction and shall be completed and be functional throughout the tract and from the downstream boundary of the property to the ultimate point of disposal prior to the issuance of any final building in- spections or occupancy permits. Drainage district reimbursement agreements may be made available to the developers of said property upon their request.
10. That grading, excavation and all other construction activities shall be conducted in such a manner so as to minimize the possibility of any silt originating from this project being carried into the Santa Ana River by storm water originating from or flowing through this project.
11. That the alignment and terminal point of storm drains shown on this tentative tract map shall not be considered final. These drains shall be subject to precise design considerations and approval of the City Engineer.
12. If permanent street name signs have not been installed, temporary street name signs shall be installed prior to any occupancy.
13. That the proposed 10- foot riding and hiking trail shall be constructed on the south side of Avenida de Santiago, and that said riding and hiking trail be maintained by formulation of a maintenance district.
14. That Lot Nos. 23, 24, 25 and 26, served by the 20- foot wide private accessway, shall record a mutual ingress and egress easement to the owner of each lot, which mutual ingress and egress easement shall provide that said private accessway shall be maintained by each said property owner. Said perpetual easement agreement shall be submitted to the City Attorney's Office for review and approval; then be filed and recorded in the office of the Orange County Recorder concurrently with the final tract map.
15. That a 6- foot decorative, openwork wall shall be constructed at the top of the slope adjacent to Hidden Canyon Road on Lot Nos. 6, 7, 8 and 9.
Reasonable landscaping, including irrigation facilities, shall be installed in 75- 297
City ttall, Anaheim~ California - COUNCIL MINUTES - April 1~ .!975~ 1: 30 P. M. the uncemented portion of the arterial highway parkway the full distance of said wail, plans for said landscaping to be submitted to and subject to the approval of the Superintendent of Parkway Maintenance.
16. That prior to approval of the final tract map, the petitioner shall make some provision, acceptable to the City Council, for the landscaping and maintenance of the slopes within and/or created by the development of this property.
On motion by Councilwoman Kaywood, seconded by Councilman Pebley, Tentative Map, Tract No. 7587, Revision No. 1, was approved, subject to the recommendations of the City Planning Commission. MOTION CARRIED.
VARIANCE NO. 2295 - TERMINATION: Request was submitted by Anaheim Hills, Inc.,for termination of said Variance No. 2295 which was approved in part by the City Planning Commission pursuant to their Resolution No. PC71-207, to establish a 34- 1ot subdivision northwest of the future extension of Avenida de Santiago and Hidden Canyon Road, southerly of Serrano Avenue.
The City Planning Commission, pursuant to Resolution No. PC75-46, terminated Variance No. 2295.
No further action was taken by the City Council.
PUBLIC HEARING - RECLASSIFICATION NO. 74- 75-27: Application by John A. and Grace C. Steffy for change in zone from RM- 1200 to CL at the southeast corner of South Street and Anaheim Boulevard, was submitted together with application for exemption status from the requirement to prepare an environmental impact report.
The City Planning Commission, pursuant to Resolution No. PC75-44, recom- mended subject project be declared exempt from the requirement to prepare an environmental impact report and further recommended approval of Reclassificat.~ n No. 74- 75-27, subject to the following conditions:
1. That the owner(s) of subject property shall deed to the City of Anaheim a strip of land 45 feet in width from the centerline of the street along Anaheim Boulevard, including a 15- foot property line return, for street widening purposes.2. That the owner(s) of subject property shall pay to the City of Anaheim the sum of $ 2. 00 per front foot along Anaheim Boulevard and South Street for street lighting purposes.
3. That the owner(s) of subject property shall pay to the City of Anaheim the sum of 60¢ per front foot along Anaheim Boulevard and South Street for tree planting purposes.
4. That fire hydrants shall be installed and charged as required and determined to be necessary by the Chief of the Fire Department prior to commence- ment of structural framing.
5. That subject property shall be served by underground utilities.
6. That any parking area lighting shall be down- lighting from a maximum height of twelve feet ( 12'), which lighting shall be directed away from the property lines to protect the residential integrity of the area, as stipulated to by the developer.
7. That curbs shall be repaired along South Street as required by the City Engineer and in accordance with standard plans and specifications on file in the office of the City Engineer.
8. That drainage of subject property shall be disposed of in a manner satisfactory to the City Engineer.
9. That trash storage areas shall be provided in accordance with approvedplans on file with the office of the Director of Public Works.
10. That all air- conditioning, refrigeration and any other mechanical equipment shall be properly shielded from view and the sound buffered from adjacent properties to achieve a maximum of 60 dbA at the property line, as stipulated to by the developer.
11. That the property owner(s) shall submit a letter of agreement to the City Attorney's Office for approval, said agreement to insure that in the event the adjacent property to the south is developed with a residential use, then a six- foot ( 6') high masonry wall shall be constructed along the south propertyline by the subject property owner(s) and said wall shall be reduced to thirtyinches ( 30") within the setback area adjacent to Anaheim Boulevard, and said agreement shall be filed and recorded in the office of the Orange County Recorder.
EXHIBIT “2”
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, : Newpor-t BeJ~h~ California ·92663
t · - .!\ttn: . F ~ ·Scott Jackson,· Esquire
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DECLARATION OF COVENAkTS ,. CONDITION$ AND RESTRICTIONS ,. -~ ... ·. .' ..
4' AND RESERVATION.OF EASEMENTS·
. ;W··
FOR
ANAHEIM RIDGE ESTATES
AND
NOTICE OF ANN~XATION
TO
.,. "· .. ANAHEIM HILLS PLANNED COMMUNITY .
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-PREAMBLE
ARTICLE· 1· DEFINITIONS
1 2
Section 1
Section 2
Section 3:
.,. Section"4
·-Section 5
se·ct.ion 6
• Section 7
• · Section 8
·•- Section 9
Section 10-
Section 11
Seotion.12
.Section 13
Section 14
section ·1s
Section 16
Section 17
Section 18
Section 19
Sect•ion 20·
Section 21
Section 22-
Sec tio11 2 3 ·
Section 24
Section 25.
ARC
Articles
Common Assessment ,,,,.
Special Asl;lelisment
R~constroction Assessment
'.Capita?' Improvement Assessment
Ass~ciation " ' ·
~a·rd · ·
·~y-Laws
Common Area
Common Expense-!j
~rantot · , ·
Declaration
Dwel.ling Unit
Family
I:nproveraent
· Anah~im Ridge Maintenance ~rinds
Lot
Member ~
Mortgage .
Mortgag·ee
~otice and Hearing
ewu ---•·
Person
Project F
-2
-2
2 2.
.3 3·
3 3
3 3
3 4
4 .4
4 4
4 4·
4 ·•· . '5~·
5 -: 5
5 5 ..... .,
ARTICLE II OWNERS_' PROPERTY RIGHTS 5
..
Section 1
I
Section 2
Section J
Section ·4
. Section 5
A.R'l'ICLE I II
. ,3ect ion l
Section 2
Owners' Easements .of !::njoyment 5
Easements for Parking • • . 6
Easements for County Public Service Use ·6
""
Waiver of Us_e. i
Easements Over Common Are~ 7
• MEMBERSHif I~ ASSOCIATION
?1embership
7·
1 1 Transfer
1 •
-~R·f,ICLE IV
Section 1
' Sect ion 2
Classes C,f Voting .-le:-:ibership_
Vote Distribution
7 ·•
8 P'ULO,O. ltOLSTON,
au1tNa. Ncl{lffll,CK
A I.AW.co•~""'°"
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PAGE NO.
,
: . ... .... ..
_ ARTICLE- V -~ "ou~iEs AND POWERS OF AS~"CIATIOtJ ' ·•. ~ 9 ~ .\~TI~L~. YI .. . C-OVENANT" roit M~INT.C:NANCE ASSESS~tENT? . -9 . ~.~. -~~~~~.i,:a~=~~~~~;=~~i::s?_R~~~:,~=;7,._.,.,;:;_-~-~--~ •
~.
· · · Section 2 . Purpose of Assessments · · . . · 10 . . ·_section ·,3 Damage ~o Common Area by ·Owners . 10
· -Section ·4 aasis of Maximum Gommon Assessment ·~10
Section 5 Capital . Impr-0v·ement · and Reconstruction· Assessments • · · -
. Section .. 6 ~ -Notit::e·and-Quorum_ for any Actiol'I ARTICLE ·VII
Section l
·section 2
· • · Section 3
·Section 4
;,ection 5
Section 6
- Authorizing Under Sections 4 -and .s·
-Uniform Rate of Assessment
Date of Commencei;ient of Common
Assessments: Due Date
EFFECT OF NONPAYMENT OF ASSESSMEtITS:
.REMEDIES OF THE·A~SOCIATION
. . . . .
Effect of Nonpayment of Assessments:
}lemec:He s of the A·s·soc ia t ion
Notice of·Ass~ssment
Foreclosure Sale
Curing of Default.
Cumulative Remedies. •
Subordination·of th~ien to Mortgages
ARTICLE VIII -ARCHITECTURAL CONTROL '
11 11
11 ·-12
13 13
14 14
1.4 . 15
15 15
-,-
•-·
~
.. ,
Section 1
Section 2
Section.3
Section 4·
Section 5
Section 6 ·
Section 7
Section 8
Members of Committee • 1' 15 -
Review of Proposed Construct.ion.
Meetir1g·s of the ARC ·
No Waiver 0£ Future Approvals
Comp·ensation of Membe·rs ·
Insoection oI Work
Nonliability of ARC Members
Variance · ·
---~---.---
16 16
17 17
17 18
~.
AR'.fICLE .IX USE RESTRICTIONS_ 18
Section 1 ·
,..sec'tion 2
·section 3
Section 4
Sec;tion 5
· Section 6
Section 7
Sect.ion 8
·sectton 9
-section 10
Section 11
Section i2
Section lS
Section 14
Single Family.8esidence
Business or CommerGial Activity
Real istat~ Business
Nuisahces
S_igns .
Park-ing and Vehicular Restrictions
Anim~l Restrictions
. Trash .1 · View Obstructions
· Tempo~ary Buil~ings
Com~on Area Facilities
Outside Inslallations
Insurance.~ates
Drillin'J -
ii
18. 18
19 ,,
19 19
19 ---20
20 21
21 21
21 22
22 '
'\.
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,.-PAGE NO:
sec'tion l.5' ·Fur°i:her· s-ubdivision 22
. Sec-tion ·16· · dr.liin.ag"e ~: · · 22
. Sectfon 17 Wal:e'r Su~ply Systei!ls . 22
, .. Sectlon 18 . . Repairs by Ow'r\"E!'l'~ ., ·. · · _ . . 23 :
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...
· Sect.ion 21 · • .. Violation of (?ovetn.ing· Instru~nts · 24 'ARTICI.E"X DAMAGE, - DESTRUCTION OR CONDEMRI\.TIOi't -OF ,... . COMMON AREA -....
• ARTICLE XI . Itf~URANCE .
..
s.e.c~ ion l,
Section·2
·section 3
•Section 4
Common Area
(a) Casual.ty
(b) - Liability
Insurance Obligations 6f Owners
Waiver of Subrog~tion _
Liabilit~~nd Otfier Insurance
ARTICLE XII MORTGAGEE PROTECTION . .• .
ARTICLE .XI I I -ANNEXATION OF' 2\DDITIONAL P!lOPE;RTY .. -..
Section 1
Sectio'n. 2
.Section 3 ·.·
Sec'tion 4
Section 5
Additions by Develo9er
Other ,11.dditions
Add.i-onal' Common Area
Notice of Addition of Territory
De annexation
~RTICLE
ARTICLE
XIV
X.V
GRANTOR EXEM~TION•
GENERAL .PROVISIO~S
Section 1
Section 2
· s~tion 3
Secti"on 4
S.ec·tion 5
Section 6
Section 7
Section a·
Section 9
Section 10
.'\R'i'lCL\jV_I
&ection 1
Section 2
se"ct:ron 3
Sect"ion 4
Section s
Section 6
Section 7
Enforcement
Severabil ity
Term
Inter'pretation
' Amendments
N~ Public Right or tiedication
Constructive Notice and Acceptance•
Reserqation-of Ease~e~ts -
Notices · ·
No Repr~serit~tions or wirranties
ANNEXATION TO llASTER ASSOCIATION
Addition
.Master Dec·larat.iOtr
E~uitable Servitudes
.__-Covenants Appul'tenant
~•-Authority ··
l·le!'lbershii! in uaster. Association
Delegate District ·
I .
~- ..
2!;
26 .
26 26"-
26 . 26
27 27
27 29
29 30 -
30 30
31 31
32 32
33 33
33 33
34 34 .. ·34
34 35
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35 35
35 . 35
35 • 35
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. . . . . . . . . . . ,4. .· . . .. . .
EXHIBIT •e-;<:-: Art!~leii of. Incorporation of Anah~im Ri:dge .:Est.-te · ...... · . ~~er.s Asso~tation· · ·. · ·· . . .· ·
.·..,;
EXHIB!T ~C~ By-Laws of Anaheim Ridge Est.ate Owners.Ass~~ia~ion . . • - - ~;~·._ ~ ~ :l'r'"··4,,~~ .. r~ . .,i..te:·-:: -~----:- .-- --~~-. -~--- --~--• -· .. ; . ·. - -.. • ~ -.. ·:----~·-..._ -~ ~:~c · -_~;.~~- Diact i'pttt>n~'t~cdJlaaon · A.re~:-. id· Fi~:t~~ti'a-;:~"'of •
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· · · · 't • · Development of the iropert,ies ov·er Which Association B~s Easement for Maintenance ·arid Cont~ol
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DECLARATION ?F COVENANT)>, CONO):TIONS ._
· ;_ -AND ..aE-°sTRICTIONs AND RESERVA-tION or ·EASEME.NTs .,r . ' .
THIS DECLARA'l'ION is made on this / f:?i~ day- of_ -1ifl_.y._ ___ , 1977, by TEXACO ANAHEIM .. IL~ INC., a De\aware corp~rat1.on (NG~antor•). ·
P R E A M B L ~
A.. Grantor is the Owner of certain real property in the City of~naheim, County of Orange, _State of CaJjfornia, described as follows: - -.: ·
Lots, l to 34,
0 -inclu·sive,. of Tra-ct No. -1~87,
as shown on a Subdi~ision Map, recorded on-·
June ~4, 1976, in Book 378, Pages 21 to 25,
inclµsive, of Miscellaneous Maps, in tl1e
. Off~.e of_ the County Re~order of said County.
..
B. Grantor has deemed it desirable, for the ef(icient
preservation ~f the values and amenities in the xeal property described above c•Project•) and in the additional properties which.may b~ annexe~ ~hereto pursuant to the pro~ision~ of this Declaration, to cieate a corpor-,!tTori· uriae·r the General Nonprofit _ Cor·poration Law of the State ·of California to which should· be delegated and assigned t_he powers of maintaining and administer ing t~e Common Area and administering and enforcing the covenants and re~trictions_, and -col~cting and disbur~il'lg the assessments and charges.hereinafter crea~ed. . 0
. .
C. Grantor will or has-~aused such corporation, the~Mem bers of which shall be the respective Owners 'of Lots in,..the Proj ect, and Owners of the Lots in real pyoperty annexed pursuant to this Declaration, f• be formed f~r the ~urpose of ejercising the functions aforesaid. · ·
. . . K
D. Grantor will develop and convey. all of the Project (as hereinafter.~efined}, pursuant to a general plan for all of the Project and subject to certain protective covenants, co·nditions, r estr ic'\:. ions, reservations, easements,· equitable servitudes, li~ns arid~chjrgesi ~11 r~nning with ~he Project·as h~~einafter set ..forth. · -· "' •
E. The Project is the .Fil'st Subdivision as def.ined in that -certain Master Decla.ration of Covenants, Conditions and Restrictions fox the· Anaheim•'Hills Planned Commun·ity which .was recorded on __:Ap.1:.iL~B __ , -1971, as Instrument No. ~3-~~~--• / '- ,,#
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I-, . . -;~~B~k -1.2.l~'t·,' Pages. ·:to, ·to 52.1 I i~ciusiv~, Offici~·l Rec-- . ·. ords ·of. orange t'.:ounty, cJII'I1orni~~ ' Said m~claration. of- Covenants, · Conditions and Restrictions for the Anaheim Hills Planned -Commu' nity, as·· it may·be a,nen'1ed fr~l\l tiine to time, is herei,riafter ,_ . called·"t:.he ·"Master D'e.claration". - • ·
~ . .
- - '·: .. f_. - P,urs~~~- t_~A~t~$),e __ IJI ' __ s.e.~!,-~62· i of ~t,:e Ma~ter }led~'."' _ ~~~-fil91~:~w ~~s:is;:~~fg.o..;: .aQA-,.t.be .. r.~al _·-proper:t.:¥:: tt~c~ibefln~ · · .1t7rpg-caph A of the· P.t"eambie tre·reof· tct the_·Properties' as· defined · in the Master Decla-ration. 40 · · · · ··
G. Grantor
0 hereby declare-s that all of the Project shall
- be held, sold, conveyed, encumbered,' hypothec_crted, leased, used, ."occupied and .improved subject to the following easements, r~str ic tions, c~venants, conditions and equitable servitudes, .all of • wbi"cb are for the purpose of uni~ormly enhancing and-protecting .'111 t'h~ value, attractiveness and desirabil-ity of the Project, in . furtherance of a general plan for the protection, maintenance, subdivision, improvemen~ and sple of the Project or any portion· thereof. The covenants, conditions, restrictions, reservations,• easements, and eguitable·seryitudes set forth herein shall ·run _..., -with the P£oject and shall~e binding.upon all persons having any right1' title or interest in the Project or any part the'r~of, their heirs,· ·successor's and assigns; shall inure to the benefit of every portion of the Project and any interest ther.ein;.·and &hall inure.. · tq the b~nefit of and b~binding' upon each Owner and his respei:: r'ive successors-in-interest; and may be enforced by any Owner and ~ii succes~ors-in-interest, and by the Association (as hereinafter ·defined) •
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ARTICLE I
DEFINITIONS
____ . - Unle~~ othet_wJ~ ~~xpr~s-ly·-provide~a--;'-ureTonowTh-gwo·ras and phrases when used in this Declaration shall have the meanings here-· -. ~nafter specified.
Section 1. "ARC" shall mean the Architectural Review Commit tee created ·pursuant -t·o Artil:le VIII "hereof • . , .
Section 2. '· "Articles·" sha1T mean t.he Articles. of 'Incorpo ration of the Association which'have been or will ·be filed in bhe' Office of the Secretary of State of the State of C~l\fornia, a~opy of which is attached hereto as Exhib-i-t "B", as they rnay be amended from time to time~ ,, •
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Section 3. "Common Assessment" shall mean the charge against each Owner and his Lot, represenein~ a portion of the total, ordi- - _nary costs to the Association ~f maintaining, improving~ repairing;~ replaoing, managing and ·operating th~ Co;;-.;:-,on Area, wh,ich are to _be paid uniformly and equally by' each Owner to the Association, as_proviaed herein.
Section· 4. "Spec;ial AssE\,5sment" shall mean·a charge against a_ particular Owner and his Lot, directly attributable to the Owner, equal to the cost incurred by the·Association for corrective action performed pursuant to the provisions of this Deelaration • . .. • tr••·,..,_ -- .... ,.. ...
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-•· Section 21-:· -"Mo~tgagee• shall r.iean a P~son to ·whom a Mort- gage is r.tade and shall- inc.lude the .. beneficiary o.f a Deed of Ttusj:; "Mortgagor.~ shal.l mean ·a Person who r.1ortgages .his or its. prop(!rty to another (i.e.,_ the -maker of a Mortgage)., ·and -shall include the -~;.,,t~~-ac.!?9~~~~-f~_t-tf~t..: ,-:'.fh:_e._~erm ,~'-T:rU~'?~-~ shal!_.:.b .. ~ .. :~yn011y..~_;.; ~ m't, ri th the_ term~Mor,:tgag1Jr• :'":and~ rta·.'..ter:;m .nseneffCt.ary~"'-Sha•ll- be syl)onymous with t,he term "Uortgagee·". ·
~Secti6n·22. "Notice. and Hearina" shall mean wri~ten.notice and a ~ublic hearing before the forum ap9ointed by the Board, at wbich the OWner concerned shall have an opportunity to be heard -in person.or by counsel at Owner's e>_epens~, as ftlr;.ther pcovided in the By-:Laws. ·
Section 23. "Owner" st\all mean and r·efer to the Person oc Persons, including Grantor, holding a fee simple or long-term leasehold interest of record .to any Lot which -is a part of the Project, including seller!j under executory. contracts of sale, ·but exs:lud'ing· those having suc!h int'erest merely as security for the - perfoi1nance·of an obligation~ Foe purposes of Article IX only, unl~ss the context otherwise requires, Owner shall also include the fa~ily, guests, ·invitees, licensees and lessees of any Owner.· . . .
Se~tion 24. "Person" shall mean a natural individual or an¥ ot~e~ entity with the legal right to hold title to real property.' ·Section 25. ~Projec~• shall mean and refer to all of the 4 real pro9erty described in Paragraph A ef the Pream~le to this Declar~ _tion, togethe~ with such portion ofi:tthe real property described in Exhibit "A", with respect to which a Notice of Addition of Terri tory has then been recorded subjecting it to this Declaration and -to the jur i~d iC'tion of the Association as 1,:>rov ided herein.
The foregoing definitions shill-bi-~ppltcable to this Decla ration-and also to any Notice of Addition of Territory, or Decla ration of \mendment, unless otherwise ·expressly provided therein, recorded p~rsuarit to the provisions of this Declaration. ' - AR'rICLE II
J •oWNERS' PROPERTY RI'G~T.,_ "
Section 1. Owners' Easements of Enjoyment. Every Owner
· shall have a c ight and easement of- ingres.s and egress and of enjoy ~nent. in, tQ ,fnd over the Common Area ( except for the a.~ ~ of t'1e. 'com.~ Area). which shall be appur nant to and shall pass .with title to e~ery Lot, subject''to the provisions of this Decla . ration-. il!,cludJ.ng without ].imitation,_ the following p~~visions:
.,,. (a) The riqht of Grant~; to an.x additional
Com~on.Area thereto pursuant to the terms of ~rticle
X.III.
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(b) · Tbe right of° the .!\ssb,ciation. to reasonably
.limit the nuipber ~f guests o; _Owner.s using the Common ·· Area.
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• Cc) '['he right of•t'he Association \~.ablish.
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tirii!drm rules and:regulation• pertaiQihg to the use . .. _~. -~,~~~n:~~~~-~,~~~-~~~~{{~~~=~~~~hj.:~~-,_..,::~~:_-~ - ·._ ." · ;__ governr.iental authority to enforce al,l ·?arking•re- . . - , . str·ictions wit!iin the. Common A·rea as set forth in · Sect:i-on ·2 of Article II herein. ·
(a) The right of the Association ~o dedicate,
re\ease, alienate or trans.fer all or any part of the
CollllllOn Area to any public agency, authority or util.:. ity fQr such purposes-arid subj"ect to such co_nditions as may be agreed to by the-·Members. No such d~dica-
. tipn, _release, alienat"ion or transfer shall be efJ:j!c tive,. unless an- instrument. signed by l-iernbers entitled . . to cast two-thirds (2/3sds) of the voting power of
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the Class A Members (excluding the voting power of
Grantor), agreeing to· such dedi~tion, release,
alienation or transfer has been recor.ded.
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(e) The right of t·he ·Associartion (by actio~ of
th.e Board) to reconstruct, r.eplace or refinish any
.Improv.eme•,.ar portion thereof upon the Common Area,
in accordance with the original design, finish ·or
standard ol constructio~of such Imorovement, an~
not in accordance with such .or igina_i design, finish
or standard of construction only\with the vote or
written consent of the Owners holding seve~ty-five
petcent ·(751) ·of the· -voting power of the Associ<ltion. ·-.· • I
-(f) The right oi·the Association ko re?lace
-d~stroyed trees or~ther vegetation and ~lant trees,
shrubs arid ground cover upon any portion of the Com-
mon Area.
Section 2. Easements for Parkings The .'\:ss~iation, .through ·-- ·rts:officers; committees and ~gents •and any ap::>-J.icable governmen- •
. tal a'Lthority is .hereby empowered to establ_ish "?arking" and •no parki119• areas within the Common Area, l_E)!iccordance with t·he' Cali- · fornia Vehicle Code, .as ~ell as to ~nforce these parking limita tions by ·all means lawful ·for such enforce,.ient on county streets, ·including th·e .removal of .any violating vehicles by those so emoow ered and the right bf the ~olice to ticket a violating vehicie:
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Section ·3_ Easements for Coo!!!,Y_ Public ~er~~~e Us~. In "clditio11 to the foregoil'\9 ease:nents over the Co:::·:;on Area, there ~hall be and ~rantor,hereby reserves.and cbven~~ts for itself and all futur•Owner• within the Projec~, ease~ents for ~u~lic ser vices of the City of Anaheiw, including but not li,ited·to, the -right of the polic-e to e"nter uoon any part of ·the Co::t:'lon lu;ea· for the puq>ose oft enforcing the 1 a~. ' .~
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. - . . .·• .- . . . . . -. ...,., _. __ ·:--:--_ .. _ ... -· ~-- .. . all Owners, their successQrs and ass.,igns •. Said vo~ing righ'ts shal'l be.subject to the restrictions :and :limitations .. provided _in· this Decla-ration ·and jn the Articles o.f Incorporation arid By-L~ws. · 'of the Associttion. - ;: • · · • . · ..;
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. • _ The Associ~t'ion, acting through the Board of _Directors,. shall hav~·,. without 1 i)!itatloii, the pow~r and ~uty to: , · , • ... · · (a) Mairit~in, repair and otherwi•e manage_the
~opun~n Area and "-11 facilities, ... Improvements and _ . land:;caping thereon in accordance with the provisions of Article VI of this Declaration.
(b) _Maintain any priva·te stre~ts within the
Project- intended for u_se by all Owners, including,
cleaning and periodic~esurfacing.
(c) Grant easements, rights· of way, or strips
of l_and, where necessary, fo.r utilities ·and sewer·
facilities over Ute C~mmoR 'Area to serve the Co!l'!mon A~ea and the· Lots.· · •·--" •
(dt Maintain such policy or polic.ies of liabil- ...
ity and fire insurance with respect ·to· the Common Area and personal property, if any, owned by_ the Associa- _ tion as provided herein. ·
(e) After Notice and Hearing, without being
liab~e to any Own~rj enter upon any Lot, for the pur~
pose of. enfor·cing by oeaceful -means the Provisions of this Decttaration, or for the purpose of maintaining
or re~air in_g any such. area if for any r~ason what so.:
ever the Owner thereof fails to maintain. or .. repair
any such area as required by- tbis D_fcl_aration. Said
· ~cost-shall be a Speci•a .. 1 Asse·s$ment and shall, create -. --c---~-~...,,·-···1rerl ·enforceable. in tbe same• manner ·as other assess~ ments as set forth in this.Declaration. The Owner ·
shall pay pr-omptly ai'l amounts· due for such work., and JJl.e c_osts a:nd expebses of collection may bit added, at j
tlte ootion of.the Board of Directors, to the amounts
payabie by each 6wner as Common Assessments- ~
.ARTICLE VI
COVENANT FOR MAINTENANCE ASSESS11ENTS
~~ction 1. Creation ~L the L4err and ~~rsonal Obliqation of Assessmel'rts. Grantor, for each Lot owned wit~in-the ProJect';- her-eby covenants, and each Owner of any Lot by acce?tance of a deed.therefor, whether or not it shatl be so expressed jn such deed, is deemed to covenant~rid agr~e to 9ay to the As~ociation ( i) annual Common Asse!i$ments for 'Com;;ion Expenses, ( 2) Ca?i°tal · Improvement Assessments, (3) Soecial Assessments, and (4) Recon struction 1\ssessments; such asse·ssroents to b!! established and /
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- th~t-t&e· Asl:;o:ciation ha~ pi-ev.ioLusly- cont:taot~- in wdt- ' _i~c:J ~ith such· joint Owners to the. contra~y...._ · The. cost of ,; co,r~cting such (¥mage; to the e.xtent not .rei;;ioursed to _the Association by.insurance, 'shall be.a S-:>ecial !\.ssess a1en'2 against the Lot -and ·may be· collected a.s ;>c.ovi;oec · ~~---~~~~~~:~<=~;~i{r;i;:;J}:~~:-~~~~-:-~:?:.=,~:,~;/~:,~"L:~~--.--~ INSUR.l\NCE
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Section 1. Common Area.
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.· --~ . (ar Casualty. Tlie Associa_ti.on ·shail keep all • Improvements•of the Common ~rea insured against loss
or damage by fire for the full replacem~nt·cost thereof, ·and may obtain insuran~e against such otper 'ha~ards anc casualties as the. Association may· deem desirable .. - The ~~sociation may also insure any qther ;>roperty whether r~al or personal, owned bt the Aijsociation, against
~losa or damage by fire and such other hazards as the
Association.may deera desirable, with· the Association as th~owne-r and beneficiary of such insurance. The insur ance·coverage with-respect to the Common Area shall ~e
~ritten in the name of, and the proceeds thereof shall
be ·payable to the· Association. insurance proceeds shall" .be used by the Association for the repair or replace:;ient of the property for whicb the insurance was carried~
Premiums for all insurance carried by the Association.
are Common·Expenses includeo in the Co~mon Assessments• made by the Association.
(b) Liability. The Association shall have-the
Qower.toana shall obtain cornnrehensive oublic .liabil fty:insurance, in such limits'as_it shall dee;;i desir able, and'Workmen's Com!>e·nsation insurance and otker. liability insurance as i~ may deem·desi~able, insuring
each Owne.r, the .l\.ssoc iat ion, Board of Di rectors, and ftranag~ng agen~, if any, fro_:n liability. in con:1ection .. with the Co~mon At¢a.
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Sect.ion 2. Insurance Obliaati"Qns .o-f. Owners.. Each Owner shall insure hi~ entue Dwelling Unit, including, •without limita tion, the structural portions of his Dwelling Unit, against loss or .damage- by fire or ~y any othertca§.iralty, under t;1e stqfldard _ ·form of extended en·dorsen:ent now in use in the 5tatJ:?. of· C3l ifo'rnia or .under such other ins~rance as may be required by any ~ortg3gee of the Dwell1na Unit. All such insurance shall :::>e fo-r the. full ~-·reolace~ent co;t of the Dwellin~ Unit. Each Ownei shall, ~ithin thirtj .(30) da'1!; after tecordation,_gf the conveyance of :iis Lot . from Gr~tor and thereafter at le:ist 'ten· ( 10) days or ior 'to the ex.:>iration, ter:aination, c-ancellation or modification ot an:_, existiri9 polis;y, furnish to the Association c!u?l:icate c;opies of policies or certificates thereof, s.howing that .such insurance is ·~curr.ently in force certified by the insurance. co::i~any or b:;- its duly ~uthorized agent; ~11 such policies shall contain a ?rovi •sion that the. sa;:ie shall not be cancelled or t·er;;.inated. exce::it ·· U?Oh .it least thirty '(4!30) days' wi::i_tten notic~ to the .!\:;:;ociation . ......
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• • •. · ·.> (d) · Pre.vent.·-CCantor, its successors or assigns or· ' . .:..._~ .• :~-~ i~~~- <>r ~~'~t..5-4-ct_ ~~~r su __ J:?c;;_!;>_n_~,;~c;_tors,_ Ji::om m_ ain- ... ~ ... • . --_.._;..._ = ~fll'iffl}~b...a ig-!)~ or-:,_-£~~-on_:~ .:L<;'~--o.wned. of=t~"'t-o.U_ed <>..-. ~. :
· · by any'·ot them-·as may be necessary 1n. connec.tion wtth · the sale, lease or other marketing of Lots· and Dwelling Units in the Project; or .. . '
(e). Prevent Grantor, at any time prior to acquisi
tion of title to·a Lot in a -phase of develooment of the Project by a·purchaser from Grantor, to est~blish on
that phase additional lice~ses, reservations anJ rights of-way to itself, to utility companies, -,r to others as ·may from .time to time be reason~bly necessary'to the
proper.development and disposal of the Project.
A
0 R'l'ICLE XV
GENERAL PROVISIONS .. ,,,
· Secito~ 1. Enfotcement. This Declaration, the Arti~les of Incorporation and the.By-Laws may be enforced by the Association as foilows: •
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(a) Brea~b of any of the covenants contained in
the Declaration or the By-Laws and the ~ontinuation o{
any such breach may be enjoined, abated or remedied by
appropr_iate legal proceedings by Grantor, by any Owner,· by the Association o.r tne successors-in-interest of the Association •. .Any j_udgment rendered in any actdon° or proceeding pursuan_t hereto·shall include a ·sum .for
atto~neys' fees in an amount as the court may deem rea-. sonable, in.;favor of the prevailing ·party, as well as the amount of any.delinquent payment, interest thereon; costs of collection and court costs.
(f,) · The result of every ac., or omission whereby
any ·-of the covenants contained in this Declaration or the By-Laws are violated in whole or in part is h~reby
declared ~o be and .constitutes a nuisance, and every , remedy al.lowed by law or equity against a nuisance either public or private shall be applicable against every such resul't· and may be exercised by Grantor, hy any Owner, by the Ass_ociation or its successo.rs-in-interest. ·
(c) The remedies herein provided for breach of
bhe covenants con-tained in this Declaration or in the
By-Laws shal i be deemed c·umu-1-.t..i.v.e, · and none of sut;h remedies shall be deemed exclusive. 4·
(d) The failure ef the Association, Grantor! or
any bwner to enfor-ce any of the covenants contained in this Declaration or in the By-Laws shall not constitut~ a waiver of the right to enforce the same thereafter-
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-'._ • (ef 1\ breach of the· cove[)ants, cond it io.ns or restcicti<>ns contain~ in this· Beclaration or in the:
Qy-Laws sh~ll not affec.t or· im9a ir the. 1 ien or ctlatrge of any bona fiae,first Mort9age or Deed of Trust_ m~de
in good°""1aTthand_for value on any·residential Lot or
. the improveraents thereon, !:>rov ided, ho~ever, that any , ---.1----
· , . subseque~t (?14.ngr _oJ_ sus!} _pro,;>e.rt:y sha'll be· boun.d by -_sai~ __ .. , ~-~JUJ~~x $1!..s!'.::9~~e.r '~~t:1~:t~·:1.1a~. asqu:.:µ,~~d,1'~-:-,~~-<~ - - . . foreclo~re 1n _a t-rustee's·sale ~·otherwise .. · · · . • Sectioh~2. Seve_rability. Invalidation of any.one of these covenants or restrictions by judg~ent or court order shall in no way affect any other provisions which s_hall remain in full force and effect. . ~
Section 3. Term. The covenants and restrictions of this Declaration shallrun with and bi~d the Project,.and ·shall -inure to the benefi~ of and be enforceable by the Ass6cialion or the Owner of any land subject to this Declaration,~their respective legal representatives~ h~irs, successors and assigns, fot a term of fifty (50) years from the date thi.,s Declaration is.recorded, after which time said covenants, conditions,·r~servatidn of ease ments, ~quitable seivitudes a~d restrictions shall be automa~i cally extended for successive !)er iods of ten ( 10) years·, unle~s · an instrument, signed by4the then Owners of a majority of the ·-Lots, has been ~ecorded, aqreein9 to change said co~~nants and restrictions in whole or in part. ·
• Section 4. Interpretation. The provisions of this De~lara- tion shall be liberally c;.onstrued to effectuate its ourpose_ of creating a uniform plan for the.development of a residential com munity and for the maintenance of Common Area. 7~e article and section headings 'have been inse 1ted for conven..ience only, and shall.not be considered or referred to in resolving questions of interpretation or constttiction~ ·Unless the conte~t requires a contrary construction, the. singular shall incluc:e the pl.ural an".3. the_plural the singular; and the m·asculine, fe:;ii:ii:1e and neuter shall each include the. mascul igi:, fer.iinine and neuter. . 0.,., .. , -
Section_S. , Amendments .... <rhis Declaration ~ay be a:nended only·, by the affirmative vote or written consent of the Owners holding not less than seventy-five peq:ent (75%) of the.voting oowe!.' of e~ch class of Members; provided, however, that tje prio~ written approval of at least seventy-five ~~rcent (751) of all first Mort~• gagees must be obtained also, before Article XII ~ay be amended.
Notwithstanding the foreqoinq, until the close•bf any escrow of the sal~ of the first Lot in the Project, Grantor shall have the right to terminate or modify.this Declaration by recordation of· a supplemen~ hereto settin~ forth such termination or modification.
For purposes of this Declaration, the "close of escrow" shall be • dee~ecl•to be t-he date ur.ion which a de-ed con•;eyir.? a Lot is recorded in the Office oft.he Oranqe Cou:1tv Recorder. l1n•: terrr.ination or modificat1on_ to this Declaration shall be effect-be upo:-1 recoraa tion of a written instrument, s1gned by at least two officers of the Association certifying that the vote or writte:1 consent of the "reauisite number of Owners has been ~btained, i:1 the Office of the Or~n~~ Coun~y R~cbrder. Notwithstanding the forecoin~,-the Ci~v of .1\.nahelllf (•city") shall have· the ;::>ower to veto an:· a;n<:>nd11ent to this ..
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DeclarAtion and ·.tp veto any wr itte~. agreement purpor.tin'J to. ter- _ • minate ~his Declarati~n oi:- any .of· the covenarfts herein if, i:ri . · . . . the.opinion of the City, such amendment or written agre-eraent wou·1a · be det·r imental. to -o.r have· an adverse effect -upon t~e et>mp.lete~ and · p_z:.P.J~r !,lla_int~rw~.p.{ .t.ke CQ!ilmon Are9 ~:. ~9.-~raencme_nt: or wr i tt:en .. •· •• _...... ~~-pth:po-r-t-i-n,g t;.~ t~-a}ll~~ ~hi~O,ec~•a'tation O_'S-:•t-~-of~.th~ .... ~ -~- covenants herein shall take effect until fifteen (~5) days follow- ing written notice ther~of to the City to afford the City the . opportunity to exe,:cise its veto •. If no veto has been exercised · by the City within fifteen (l?) da_ys of tbe recei?t of such written notice of such amendment or written _agreement, said ar.iendment or wr ~tten a~rwent shall thereafte{ b~come eff 7G,tive.
Section 6. · No Public Right or Dedication.
in this Declaration shall be deemed to be a gift
all or any part of the Project to the public, or
use.
Nothing contained
or.dedication of
for any public
· Section 7. _ C.onstruct~ve Notice. and Ac<;:eptance. Every _P~~ son who owns, occupies o~ acquires any right, title, estate or i r- ·est in or to any Lot or other.., portion of the Project does an shall be conclusively deemed to have consented and agreed to ·every limitation, res.tr iction; ea semen~, reservation, condition artq covenant containeo hereto, whether or not any reference to these restrictions--is contained in the instrument by which such person acquired an interest i-n the Project, or"any .portion .tnereof • ... ¥ .
Section 8. Reservation of 8asements. Grant"tr £xpressly reserve& for tne benefit of all of th~ real property in the Proj ect and the_ Association, reciprocal eas"ements of access, ingress and egress over all oots, and over the Co~mon Area, for the pur poses authorized under this De_claration, incl"tiding without limi ta-tion, for installation and t"eoair of utility services, for drainage over, across and upon adjacent Lots for water resulting from the normal use of ~djoining Lots, for maintenance and repair of landscaping on the Com:non ·Area. No Owner of a Lot shall, inter fere with the esta~lished drainage pattern over his Lot {rcrn r adjoining or: other Lots. _Each O\Jtier of a Lot shall make adequifte prQK.ision for drainage in the.event he changes the established dr~~age over his Lot. For purpo'ses of t!otis Declaration, "Estab- 1 ished Drainage" on any Lot is de-fined as the drainegel pattern a. and facilities in existence at the time that such.Lot ~s conve~ed·'.~ to a -purcRaser from Grantor or a Participat~n'J Builder~ · Section 9. Notices. Any notice permitted or reg~ired to be delivered as provided her~iri shall be in writing and may be deliv ered either perponally or by maiJ. If delivery is .made by mail, it shall be deemed to have been delivered'for~y-eight (43) hours after a copy of the sa:ne has been de:_Sosited in the Un~_ted States mail,., po~age prepaiq, addressed U> any Person a-t t~1e ad-jress . , given by suc-h Pe-tlson~o the .l\ssoc iat ion fo.r. 1;.he o:.ir!Jose of ser~ •vice of such notice, or to the Dwellinq Unit of su<tt_~ oerso~ if no address has been given:to the .l\sso'ciation. Such a~r~ss ;..cJ'/ oe changed from tiwe to ti~e by notice in writing to the Association . .. ,_
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I, _MAB.CH FONG E;U, Secretary of State--of the. State· of California~-hereby c_ertify:,,. - - ✓.- tJ SS-.J7 · ·: • - . - ~ .
That the· annexed -transcript has -been compared "yith - .. the record on file in- this, office, of which it purport~ to be. a copy,._ and that same is full, true arid correct. ·
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IN .WITNESS \\-HEREOF. I execute
. this certificate and affix· the Great
- . Seal" of the Stat~ of California this
MAR 17 1977
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OF
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1 -. ONE: --The name of this co.rporation ("Associ.:
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TWO:
is formed are:
The purposes for .. -~ich ~he' ·Association
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(a) The "sp~_cific .and primary put?oses are to bring
_a
.about civic betterr.ients and social imp~oveme~ts by providing , for the pres~rvation oft- architecture and appearance of a phased, planned residential develop2ent known as Anaheim Ridge Estates ("Project"), and by operati.."lg and maintaining any Co?r.Inon Area properties and facilities for the use of all .. ,, . -- ·, .
·resi4ents in the entire Properties, located on Lots 1 to 34 of Tract 7587, ·in the City of Anaheir.t, County of Orange, ' .
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State of California, as shown on a l·!a!" recorc.ed on June 14, 1976, in Book 378,· Pages 21 to' 25_, inc.lusive, of Hiscellaneous Maps, in the Office of .the County Recorder of said County; to- . djJ
gether with any real property whic:1 e2.y be a:mexed thereto in accordance with tr.e provisions of the Declaration described below.
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(b) general purposes a!!d powers are:
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The
1. To. p;o;note' tl;~- co;:-;:.--::0?1 good, lea l th, saf<Jlt:y and gener·a1 welfare of all of the residents withih the Pro ~~
Ject;
2. To ~xeri;:ise -i:11 of the ~o:,;ers and privi
leges ~and to perform all of the duties a:1d c~ligations of the issociation arising from th~ Declar~tion -0f Covenants, Conditions: Restriction,s and Reservation of :2aseq~nts applic- able to the Project ("Declaration"),
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as ane:1ced fro~ time
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·rccc:reec in t::e ·o.:!ico o=
-the Recorder, Oran;e County, California; . , .
3. To_ enforce ap::>lic_able p=o-.,"isio:-is· o~ the
' D~claration, By-La-:.;s_,· l!:r.d ar-..y other instru~a:::.ts for the. . . .
;__..,..)HI.a~~~~~: f~~:"~o_..1 :~f-•-.t~e Pr~jec{;:: ..• f?:. f i:•;•~}~YYL_.tolJ.~~ _ ~ . - ·-.:~ ••• ~-~~~ -.4" __ -...... ~---~-- ·:,; - _., .-~--- ~----~~-..i• and enforce pa~ent _by any lawfuT neans, all c~arges o= · asses.sments pu:i;-st:..ar.t to t..'le terns of tb.e Dec!.~at.ion; to .. '·· . contract !or and pay_ all expenses in connection with rnain- ~-
tenan~e, gardening, utilities, fuaterialsi su?plies and ser~ vices relating to'the Com..uon Areas (as define~•in the Declara- J:ion) and facilities; to rnploy personnel reasonably neces~~ry for administration and control of the Coa70.i 1--=.e,.ff and fo·r 0 architectural control of all of the Project, L,cluding lai-;- yers and accountants \,;here appropriate; anc to pay all office and other c~penses ir.cident to the conduct o: the business of the Association, including all licer.ses, ~a:-:es and special assessments which are or wou!.d become a lien o;-1 any po:::-tion .fr. of the Pr~ject _
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To have and to exercise 2.r:d a}._l po',....:.
ers, rights and privileges, including delega~ion o~ pc~ers as permitted by law, \d:1.ich a corporati·on or_s:::niied uncer the General Uonprofit corporatio:-i_ Law of the Sta~e of California by law may now or here_..1.fter have or 1'.er-c-is2; anc.
5. To act in the capacity cf princi~~l,
agent, joint venturer, p~rtner, o~ other~ise.
The foregoing . .,. ·sta-:C:-:-:1ei1.t ...,, of pu:?:;:,0s2s con*rucd as a statc.:e:1t bot:-. of p;.irposcs ar.:.: of po·.-:ers, and purpo:.es ancl pot-:ers in e2.ch clause s'-:.:'.l!. :-:ot l:~ li:citcc. or restricted ~ rcferc~cc to or infci;e:-:cc f:-c:. the tc:·:-:-.s • Or provi5ions of any. otl':er. clause~, but s?-:€!12- ::.e br-o~cl~~· -~-- --- ----·
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· · i.rtg -any .of. tlie, at><>v~ ·s-tater.:ents ~f. purpo~e;; ·a:-~- ~ers-;~ the . .. . , . .. ~ . . _Asscic~ation ~11 ~at, ·.;except to ·a:1 insubste.nH~L a.¢~ree, . .· . . . . ' . . . . . . . . . .
engage in any activities or exercise any'i:im.·2rs that ti.re not, . ·.. •" ; . to the Ge.,eTal Nonpro~it Co=poration L~ of the State of ... Cali:fornia. •
FOUR: Jhe county in this state wher~~~he prin-
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cipai of£ice for the .q:-ansaction of the· busi~es~ of the ' . A .
Ass~ciation is located ·-i1, ·the <;ounty of Orange.
• FIVE: The authorized-Onurr.ber and qualification~
of Members of the A~sociation, the different class~s of membership, if any, the property, voting. and other rights and privileges of Members, and ·their liability for~dues· and assessments and.the ;ethod of coilection the=eof, shall be a~ set forth in the By-Laws.
SIX: The nunber of Directors of the·Associa-..
tlon shall be three (3), .and said I)UI:'.ber may be chang~d by a duly adopted amendment to- the By-L:ws of the Association, except that in no event may the nu~ber of Directors be less than "three (3). J..
The names and a~cresses. • the pe=sons who are
. appointed to act as the first Directo~s of the Association and to.continue to act
4 as such D1rectors until the election
and qualif:Pcation of their S!.!ccessors 2.re as tallows:
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F. SCOTT JACKSmi·
DAVID G. Bi\RATTI
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• ~ioo Hac.=.xthur Bouleva~d
P. O. Box 2710
l·!e·~:port 3each, CA 92663
410q ~acArthur Bou+evard
P. o. Box 2710
llev;port B~ach, CA 92663
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.SEVf;N: , ~endment ·of_ these ~~rt;i.c~~s _pf ~I°h:::o·=po~a:-. ~~ion 'Sh.;:11--re~ui'r~. th~--J~te ·or writ-te-~ c~~se~t of at .lieast· .. . ....
•· ~--l~ifJ~-on~.J:~~e~_.,tJ?}') . ..-?~. t?e. ":o,~i~~., !!~~•:e~ o~ _;he ~ss.o_f~~ __ .. · . · · ·;--~~;. ~o~~';;~i#Iirin'·:14emSeW !t>the"'i.· -~ ~th~-.• sub'ei~£t!e"~~<'~~~= ~ j· ..
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of the Projec~.
~ EIGHT: The Ass°\,c'iation ffiay 'be cissqlyed ·.:ith the \ .
vote or written consent of-the m~ershi!>' rey=esenting at !.east · fifty percen~. (SOi)_ ~f.· the voting power bf t.\e _;..ss~~i~~"i'~;: .
The ·Association is one which does not conter.:?1.ate pecu.a..-.ia~y gain- or profit: to the ·Members thereof and it is orga."'lized ~
·solely fo:11' nonprofit purposes. Upon t~e win~ing up ar.:: ·cis-' solution. of ~e Association, after paying or ,adequately pro viding for the de_bts and obligations oJ the Xss;o:::iat_io:i, t~e -remaining assets shall be distributed to the :-:s;-:o.bers in ac- - .
cordance -with their respective rights therei:1. If the _=\s- " fiOCi~tion holds any assets in trust, si.:.ch_assets shall be disposed of in such manner as may be cirectc~ ~y decree o= ~ .
the SupE:rior Court of the County in \-:hie~·- tEi. AssoE~ion~ .. principal -office .. is ·1oca-t;ed, u~cm peti~icn t'.:!ere=or ~- tr.e At~ney General, or
dation.·
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concercec. tha ·liqui-
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. -· - ._- .. o-·--~--~- • -. • .- -~7-__ .._. __ ~,: - .&) /-. . the incor"""'rators of -this·'·Associatio~, ~Y.~ted these.-~--:--· ~ ~ I • • . · : Arti~-l.~~ ~f :~~c~~ra~on. ~n · , ?274/~ /5 . . ·, -1977 ~ · . ., _ _j_.: .... - .... . ·.'. ... . .. \
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STATE OF CALIFORNIA)
)
COUNTY .OF. ORAbIG.E. ~ ... )
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On this tS~ day of ~-c.t,_ , 1977, before
me, the·unde:r:signed, a Notary Public in.and for said County.and State, personally c!:Ppeared F. SCO'I'J,' JACKSON, DAVID G ~, BARA.TT! and THC>t.JAS D. PECKENPAUGH, k'.no:•m. to me ·to .1::>e: the persons -Who e~~.uted the wi•thin and ~oregoiri% instrur.;ent!, and acI,llOwledg~d tha_t ffley . executed the same. . · . ·
. WITNESS my hand and official seal.
Notary and for Said
, County, and ·State
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·- · - EXHIBIT •c ...
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BY--LAWS. GF
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BY-LAWS
OF
AAAHEIM RipGE ESTATE OWNERS
ASSOCIATION
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ARTICL~ II
1\ Voting·By Association Membership
·section· 1
Section 2
Section 3
. section 4
Section 5
ARTICLE III
~dmi~istration·
Voting Rignts
Majority~of Quorum~
Quorum
Proxies
Election of Delegates
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i · Section 1 Assoc.iation Responsibilities
Section 2 Place of t-:eetings of Members,
Section 3 Annual Meetings of Members
I - Section 4 Special Meetings of ~embe'rs
l • · ·section 5 Notice of Meetings of ~erd~rs
( Section 6 Adjourned Meetings
t-~-"-------~Boe~taon,--:.,___..:..._-Cm:t.er__.0£. Business Section .8
Section 9_
Section 10
ARTICLE IV
A_ction Without Meeting
Consent of Absentees
Minutes, Presumption of ~-:otice
Board of Directors
Section 1
• -Section 2 .
Section 3·
Section 4"
Section .5
Section.6
Section?
.,. · Section 8
---- . '"'Se-ction 9- .
Section 10 ~ ~
. · -~ Section l.l
Section ·1,2
Section 13
Section 14
Sectictn 15
Number and Qualificati-on
Powers and Duties
Special Powers and Duties
Management Agent
Election and Te'rnl of Office
Books, Audit _
Vacanc"ies
Ralnoval-o' Direct.ors
Organiz.aticm Meet:i,ng -of Board ·
P.egular Meetings of Board
Special ·t-!eetings ·of Board
·Wai.ver q,f Notice ·
Quorum and Ad3ournrnent
Fidelity Bonds
Co!T'.mi t tees
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2 2
2 3
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3 3
4 4
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5 5
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Section 1- · 0esigila tion ~
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Section ·2 •Election of. Officer!i
Section· 3 - , Removal. of .Off-icers
Secti9n 4: .C.,pmpensation
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~ection 5 President• .
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ARTICLE-- VI
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Obligations-of Members
.-Section •l
. Section ~
ARTICL:E VII
Assessments
Maintenance and Repair
_Amendments to,By-Laws
ARTICLE VIti:
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·Mor½agees
Section 1 Notice to Association -
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Section 2 - Notice· of Un~id ·Assessments-=
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1 ARTICLE IX
Conflicting Pro_yisions
A.J{TICLE X
Ind~ification of Directors and Officers
ARTICLE XI
Miscellaneous
• Section 1
Section 2 .
Section 3
Section 4
.ARTI~LE XII
Execution of"Documents
Inspection of By-Laws
·Fiscal Year
Membership Book
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Notice and·H~aring Procedure
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CERTIFICATE OF SECRETARY
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ANAHEIM RIDGE ESTATE .OWNERS ASSOCIATION
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' ARTICLE I,.;_,,_
.. GENERAL PLAN OF OWNERSHI£_ ·
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-~----~_h. ~~~i~if"ri?Ti~~!~~~~~- -~~~:--~~~~fit~!;!~ -- : .:.· _;~~ -·\ · ferred to as ·t,he "Association.• ; The principi:tl office Qf the • Association sha!l be located in Orange County,_. California. · ••
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. Sl!ction 2. Alplication. The provisions of
-these By-Laws are applicab e to the planned residentialv 'development known as Anaheim Ridge Estates, located in the CitY. of i\naheim 1 County of Orange, State of Cal~fornia. {the "Project"). All present andrfuture owners and tneir ten ants, future tenants, employees, and any other person that might use the facilities of the Project in •any manner, ~are· subject to the . regulations set forth i~ these By-Laws and . in'the Declaration of Covenants, Conditions, Restrictions and Reservation of Easements for Anaheim Ridge Estates· (the. "Declaration" herein) rec.orded or to be recorded in the .
Office of .the Orange County Recorder and applicable ·to the Project. The mere acquisition or rental of any Lot in the Project or the mere act of occupancy of-any Lot in the. Pro j.ect will signify that these By-Laws are accepted, ratified, and will be complied with. ·
Section 3. · . Meaning of Tenr.s. The following
terms, as used in these By-Laws shall haye the same·.neanings as are applied to such terms in the Declaration: "ARC", "Asso- , ciation", "Boa.rd", "Capital Improver.tent Assessments", "C'ommon ·. l
i.. Area", "Common Assessments", "Common EY.penses", "Family", · -"Grantor", "Improvement",· "Lot", "Ma,nager"-; "Master Assoei;..__ __ 1-------------- - at.ion", '!Master Oe.claration", "Member", ."Mortgage", "Mort- '
gagee", "Owner", "Person", "_Project", "Reconstruction · 1 Assessments" and "Special Assessments."
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ARTICLE II
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VOTING BY ASSOCIATION MEMBERSHIP
._., Section 1. Voting Rights. The· Association
shall have .. two (2) classes of voting Membership, as .follows:
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Class A. Class A. Members shall be those Owners
with the exception of Granter for so long as there exi~ts a Class B Membership. Class A Members shall be enti_tled•to one CJ.) vote for eac.h.,ot owned as tur..ther provided in the Declar- ation. · · · '
Class B. The Class B !-1ernber shall be c.£antor.
The Class B Member shall be entitled to three (3) votes for each Lot owned by Granter, provided that the Class B.Men bership shall cease with respect to any particular phase of development of the Project and be converted to Class A Me~ bership on. the haRpen~ng of ;:iny o{ the follo~ing events, whichever occurs.~arliest: ·
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C :. :· •• ·• _,;> ••_,•. .... i.•• ·• ~•• • . . •_,fi•~-~58, . ._ ... : ·•··. . · ·c.1)_. -_~_en ·the total• vote~··out~tandi,ng ;-p t'he . .-r. ··class .A ·Membership i.n such phase o~ · d-ev~lo~e~. equal the . . ·. · ~otal _vote~·puts~nding ·in th~- C::)..lufs_ B: Metn~rshi-p;. or ., ·. ·.- : .
. · _ ~. _. (2} ·-rwo·.<2)_"-Yl!~l:s from t~~d~·te~of is~panCe of. tlle -~ost' !ecently. iss.ued Pub,lic Report. for .a. p~se of • · d~v.elopment of the :Project; or < • " .. · · . _ . r . . . (:\)
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Section_'2. Majority·of-Quprmn. Unless -oth~r- .
-~-i!aC!•expresi;)i_wovi_ded_J_.n_ t_he_1._ e _By.-:,Uws ~i: _the ,Decla. ra1ei-.!?A, .. :~~-iii ~~~~y: be:~jm .J:>§.:.Ih~-:~s~9:CiaJ;ic:iR::;;maj:",~.:~a.1('ei\ - .-.. . ·,. by a majority of tCquo-:-um ·of the ~s· of· the· Association. . - .a • . - . . .. - • <
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Section 3. Quorum. Except as otherwise pro-
vided, in these By-Laws, the pfesence i~ person•or by proxy of at least fifty-one per~ent (Sil) of the voting power of . the Membership of the Association shall constitute a quorum of the Membership. Members present at a duly calleq or held meeling'llt which a qu9rum is present may continue to do busi ness -until adjournment, notwithstandipg ·the wi t:_h.q.rawa1• of · enough Members to leave 1·ess than a quorum:.
Section 4. Proxies. Votes may be cast in
person or by proxy. Proxies must be in writing and filed with the.Secretary at least twenty-four (24) hours before the appointed time of-each meeting. Every proxy shall be revocable and shall automatically cease after completion of the meeting for which the proxy was filed.
·p . Section 5. Eiection of Delegates. Membe·rs .
shall elect, by secret written ballot, a Delegate to act on their.behalf at meetings· of the Master Association as pro- • vided in the Master Declaration. • Each Delegate -shall be a Member of the Association and the Master Association, and· a Delegate shall .be elec·ted at each an'hual meeting of the t~e::: . bers or. at a special meeting of the Members heid for such. ·· ~pose. Each ·-Delegate shall hold office until his s_lJ.CCessor has been elected or until his death, r~signation, removal or j\l~igial a¢ijudication of mental incompetence. .The term .of office of the Delegate elected at the first annual meeting and the term of office of each Delegate elected to fill a vacancy creat'ed by the expiration of the term of office of the respective past Delega~ -shall be. one OJ _year. The _-term of office of any Delegate elected to fill a.vacancy oreated by the resignation,·death ·or removal of his predecessor. shall be.the balance of the unserved term of. his predecessor.
For so long -a"!. there ·exists a Clas$ B .l'lembership, the Delegate · shall be elected only in acc"Ordance wi·th the special election procedure set forth in Article IV, Section 5 (b). of these By-Laws, and such Delegate may be removed fro:-r. office prior to the expiratiop of his term of office onl~• by the _vote- or written petition signed by at least a sirngl~ najority o_J the vot~g power residing i~ ?•!er:i~rs other than <;;rah tor. - ...
ARTICLE III
ADMINISTRATIO~~
Section f. Association Responsibilities. In
accordance with the provisions of the Declaration, the
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·~i:i't:1on ·~11- .have-~ '---r~pensib1·H~~of-:~in-hter¼-ni•'---'-:...:.-_~~~--' :the Pr_o'j,!c~• approving the annual budget, estabi.ishing •and ; Collecting a1,.1· .as~essments .. authorized under the· Dt:!clarat.ion, ~nd arrangi.n_g_,for_ overall archi te9tur4..l: <:o_ntrcl·. bf the ':Pr~-:: .. _ Ject. ·. · · . . . . · ' . · .. ..
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. Section 2. Place ·of Meetings of Mer:ibers .#
. . Meetings of .the Members shall _be held on the Project or su~h · . other 'suitable place in Orai:ige County· '?s ·proxi.r.tate thereto _:.--.,·:~,2:··~--.-:~J=r~;~,~~~~;;:~~;!;t~~-f~ :~a-~~:'~~~ .. ,~:~~:--~ - ·. . "
.... ·-Section 3. Annual Meetings of Members. The ..
firs~ annual meeting of Members shall be held witliln ·forty five (45) days· after fifty-one· percent (Sl%f of the escrows for the sale of ali of the Lots in the Project have closed or within six (6).months after the close of escrow for the sale 9f the first. i:ot in ·the .Project,_ whichever occurs . first.· ·Thereafter, the· annual meetings. of the Association 'shall be held on or about the anniversary date of the first annual meeting. At each annual meeting there shall be · elel,ted'by ballot of the M.ernbers a Board of Directors, iii accordance with the requirements of Section 5 of Article IY of. these By-Laws. The Mernbe.rs may also transact such • other business of the Association as may properly citne before them. ~ach first Mortgagee of a Lot in the Project may designate a representative to attend all annual meetings of th~ Members. · · ·
Section 4. ~peciat. Meetings of· Members. It
.. shall be the d~ty of.'the Presid.ent to call"'a special meet- - ing of. the Nembers, as directed by resolution .of a majority ® of a quorum of the Board of Dir~c•tors, or · up6n a petition. . ·. ('j . signed. by Members representing al: least twenty-five ·percent o . {25%). of:the total voting power of the Association or· by at·1east fifteen percent (15%) of the voting power residing in M~ers other than Grantor. The noti•ce of an¥ specia 1. meeting shall state· the time and place of such meeting and the purpose thereof. No business shall be transacted•at·a special meeting except as stated in the·notice, unless- by con sent of those Members present, in person or by proxy, repre senting at least eighty percent (80%) of the voting pow~r - of the Association. Each .f_irst. "Mortgagee of .. a. :I.ot.-..J.a.. the .
Project may designate a representative to-~~·t:ernt:··:i17p1kial meetings of the M~mbers. ~:
"' Section -5. • Notice of Meetings of Members. It
shall 0 be; the duty· of the Secretary to mail a notice of each·. ·annual.or speci~l meeti~g of Members, slating the purpose thereof as well as the day, hour and P.,lace where ··it is• to· be held, to each Member of record and. to each first l-'ortgagee of a Lot which has filed a writtei-i request for notice wit;h the Sec_rctary, at least t~o . (10) ~>Ut not r,,.ore -than thirty (301 days prior to such m~e-bi.ng .. - 'The- notice ray set forth time ],.imits for· speakers and nominating PfOCcc.ures fof t:he · -~ • IJ!ef:!ting. -.The p1ailing of a notice, postage prepaid, in the manner provided.in this Section, shall be considered noti't:e served, forty-eight (48) hours af-ter said not"ice has been deposited in a regular deposi.t:,.ary of the United States t-,ail.
Such notice shall.be posted in a conspicuous plapc on the Common Arca, and such notice shall be-clccr.ed served upon a Member. up0n posting i-f no address has been. then- furn¾_sr.ed the t.
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--,---'-~?_· . k~e.taQr~-~~~::ot_'·DU~_tor_3d!~Y __ fiJ!:~~-~~-~e in · tht!- _fu~e as a ·record 'date ·for the.determination of the Me~-------;--- .• , .
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/ entitled to notice' of and to. vo"Ee- at . any meeting --9f Membef's. i . · The record da~e so fixed._shal1 not be more '.than thirty ('30) -days n~r less than .ten· (1~) days 'prior to. the c!Ate·~--the meeting. When a record date is so fixed, ·only Mein~xli of:.:
record on that ·datEi_ shall be entitled to notice of-a'hd .. to~~ vote .at the meeting-, no.twithstanding any transfer of or issuance of Membersh1p certificates- on the book's of the _. ~¥.~<_:-i~tio;1 ..... a!.~,;~t1;_4;~re':01:~\ date._,~_ : .. e __ • -~"'~-~--.-<c:~i~·cl::f'5h 6~~ . :-:.~fdtlrt!ed'~~iltgs·: 'l'.f --:"an_y ... n~~~- <:.-; ~ of Members, cannot, be organized ·because a·. quor\!Iil .is not present, the Members who afe'present, either in person or by proxy, may adjQurn the meeting to a time ~ot less~an five ·cs) days nor more than thirty -t30) days from the time the original meeting was called, at which meeting the quorum requirement-shall be the pr~sence in person or by prqxy of the Members holding at _leas~ twenty-five percent (25%) of tbe voting power of the <Associatlon. Sue~ adjourned meetings may be held without notice thereof as provided in this Article II?·;:-·provided that notice'is given by announcement at the meeting at which suck adjournment is taken. _ If a ceeting is adjour!ied for more tha,::i thirty (30) days, notice of the adjourned rn~efing. shall be given in the manner provided in Section 5 of this.Article III. .
Sectil>n 7. Order of Business. The order of
business at all meetings of the Members shall be as follows:
(a) ·roll call. to determine the voting pO' .. er represented at the meeting; (b) proof of notice of meeting or waiver of notice; (c) reading of minutes of preceding meeting; {dl reports of officers; (el reports of comr:littees; {f) election of inspector of election {at annual meetings or special meet ings held for such purpose); (g) election of Directors (at annual meetings or special meetings held for such purpose); (h) election of Delegate (at annual meetings or special meet ings held for such purpose); {i) unfinished business; and (j) new business. Meetings of ?-!embers shall be conducted by the officers of the Association, in order of·their priority. . .
Section 8. Action Without f-~ceting. .7\ny action,
which under the provisions of the CalHorn±a-corporat±ofi-s-- Code may be taken a·t a· meeting of the Mew.hers, may be taken without a meeting if authorized by a writing signed by all: of the Mempers who would be entitled to vote at a meeting for •· such purpose, ana filed with the Secretary.
Section 9. consent of Absentees. The trans- '-
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actions of any meeting of Membex:s, either annual or special, however called and noticed, shall be as valid as though had at a meeting duly held after regular call and _notice, if a quorwn be present either in person or by pro:-:y, and if,_.; .ei t.her before or after the meetinv, each o~ tr.e Members not present in person or by prol,j, ·sJ,.gns a wr:itten waiver of notic~, or a consent to the t.oldirlg of such Meeting, .or an· ~approval ·of the minutes thereof. All suet waivers, cons~n-ts or approvals shall be filed with the corporate records or made a part of the minutes of the meeting.
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. .-:OJ: a_ •illi:l.13r, J:~r ..c . t e procee i:ngs o . m~tl.ng& · • ot:" Members. when si4n6d · by· the. President s:>r Secretary,• shall. · . ~ presumed. ·truthfully · ~o evidence the _matters. set fo_rth therein. A »ecit~tio~ in the miautj!s of. any such meeting •. that··notic;e· o( tlle meeting was properly gi..ven shall ~- pr,J.ma facie evidence that such notice was given.·
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ARTIQLE IV e
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Section 1. number and QualificatiQ.n·. The _ ..
propert-y-,.Jiusiness and affair!! of the Association ·shall~be goyerned_and managed by~ Board o•Directors composed 04
three (3) Persons; each of whom, except for tbose appointed and serving as first Direct.ors,•roust either be"a resident OW:ner·of a Lot in the .Projept, or an ageru;_ of Grantor for sb · lo~ as Granter owns a Lot in the Project. The Board of Directors may.increase; by·resolution, the au~horized number of Directors;-prov~ded that the Members shall have the soJ.e right to elect the new Directors. Directors shall not receive any salary or compensatiqn for their services as ·Directors, unless such cornpensa~ion is first approved by the vote or;written consent of Members representing at least a majority of both the Class A and Class B voting power; pro-· vided, however, that (1) nothing herein contained shall be construed to preclude any Director from servi.ng the Associ atipn in some other·capacity and receiving compensation therefor,-and (2) any Director may be reimbursed for his actual expenses incurred in the_performance of such Direc tor's duties. ..
Section 2. Powers and Duties. The Board of
Directors has the powers and duties ""necessary for the admin istration ,of the. affairs of the Association and may .do all such acts and things as are not by law or by these By-Laws directed to be exercised and done exclusively by,the Members.
The ..Board of Directors -shall not. enter in to any contrac't -·for- a term in excess of one,. (1) year, wi'thout the vote or wrilit.ten consent of the Members representing at least a rnajor_ili .,.of -the Class A and Class B vating power, except;- for (1) anycontract with a public utility compa11y (such as Southern Cal_iforni·a Edi.son Company} which r,equires a term in excess of one (1) year, (2) a management con~act the terms_.of which have been approved· b¼' the -\Teterans Administration or the Federal Housing A~inistration, and (3) prepaiq casualty or liabi!ity insur ance policies of not more than three (3i. years duration pro _vided. that. the policies per:nit short-term canceliation _by. the Association. '·
• Section 3. Soecial ~ers And Duties. Witho.ut
pre~udice to such f~~egoing 9~ne~ powe~s•and duties a~d such_..powers and du.tics as ar'8 set .forth in the Declaration,. the Board of Directors is vested with, and responsibl~ f9rc. the following powers and ·auties: · ~
(al To select, appoint, and r.e..'llove all c.iffi
cers, agen~s, and employees of the Association, tp prescribe sueh powers and dutie~ for them as may be consistent with law, -s-
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·., · • wit the· Artie es
.0 .. By-Laws; to fix ir
· securlty fo·r faithful
"iioard.
ration, ·the Decla=a~ion and these
compensation.an to ree:c r~ ro~. t em
service when_deemed advisable by the i ~ ..
. -{b) To conduct, mana.ge and ·cor.t1:ol the affairs·
and business· of tl:l.e ,.ssocia t~on, -~a<;t t,o mak~ ar:d enf<:, 7ce such .rules and regula t1.-0ns .there·for cons 1. s tent w1. t:-. law, with the· •Articles of· Incorporation·, the Decla'ratrion and these Ey-Laws, ~~t=--~L~'\ 2~:{:~;0 ~~::r:~.r-;::::::t ~-f ;lJi.ia;· t~:_· <i transaction of tjle business of the Association ~rorn one location to an·other within the County of Orange,. as provided in Article I hereo~. to.-designate any place within saie County for the holding of any-annual or special meeting or neetings of Meml;>ers consistent.. with :the provisions of .i!-..=ticle !Ii, Section 2 hereof; and· to adopt and use a car?orate seal and to alter the form of such seal from time to tL,e, as.the Board, in its sole judgment, may deem best, ?rovided that sqs::h seal shall at 0 all times comply wi·th the provisions cif law. ·
(d) With the approval of Members representing
at·least two-thirds (2/3rds) of the Class A voting power of the Association, to borrow money and to incur .indebt,edness for the purposes of the Association, and to cause to be executed and delivered therefor, in the Association's name, promissory notes, bonds, debe-m:~res, peeds o= trust, ~ort gages, pledges, hypothecations or other evidenc&.s of debt and securities therefor.
(e) To fix ~~d levy from ti~e to tine Co~on
Assessments, Special Assessments, and Reconstruction 1-.ssess ments, upon the Members, as provided in the Declaration; to fix and levy. fr.om time to tir:ie in any fiscal year Capital "Improvement Assessments applicable to that year only for capital improvements; to determine and fix t~e due date for the payment of such assessments, and th~ ·cate upon which the same_ shall become d~linquent; provided, ho·.ve•.rer, that such assessments shall be fixed and levied onlv to orovide for the payment of the ColllP.lon Expenses of the Association and o.,f. taxes and assessments upon real or personal property owned, leased, controlled or occupied by the Association, or·for the paynent of expenses for labor rendered or materials or supplies usec and consumed, or equipment and appliances furnished for tjle maintenance, improvement or development of such prgperty or , for ·the payment of any.and all obligations in relation there to, or in performing or causing to be perfor::-:ed any of the purposes-of the Association for the general be~efit and wel~ fare of its Members, in accordance with the orovisioni of the Dedlaratibn. The Board of Directors is ~ereby authorized to incur any and all such ~xpendi~ures for a:iy of the foregoing,' pu~oses and to provide, or cause. to be provi·ced, ac!cq·-.:ate re~7rves f?r repl~ccrncnts a'?5· it.$nall ~ee~ to ~e necessary ~r ad"1.sable 1.n the interest of the· 1'ssoc1.at1.0!1 o:::: v:elfe.re of 1.ts M.ernbers. · The funds i::ol~ected by"t.he Board of ::iirecters .f?:o:-; 'the ~ern~ers, attributable for reolace~cnt reserves, for ~ain- tenance, recurring less freqt,cnt'°iy than ann..:ally-, anc .for capital improvements, shall at all tines be :-.elc ir. tn.:st for the Members and ·shall not be cor:1riingled v,it:-. other 4ssessr.1.e::ts •
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-'-'~-"• ... · -+---··~c.,.9'-':"'"llectjli:2 .frodi the tt:e,attbeX:s,. ,pjsfu.i:sements f.~~ sueh trll$t "'!e-. , . se~ -~und .sha::u be mad• oq_ly th aecordance W'l.th :t}le Jfrovis1.on.s ?~ '"Of the Declaration. .Suqh Common Assessmehts, Reconstrlletion · •· ~
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. Ass«t&lllllents -~ _§pecial Auessmen ts, and CaEi_tal- Th.pr<>Ye!il,f!l\t Assess ments shall be fi~ed ~ ~ccordanc;.e. ~i th the prov~.,sions of the- · O.eclaration .. . ·should any Member fail to pay. such .Assessments -· ~fore ·aelinquency, the Board of Director.sin ~ts discretion is authoriz~d ~o·enforce•the payment of such delinquenc assessp inents as· provided in. the Declaration-. ~ · ··· . _ _ · •; · ·- _.__ .• J.::';.. ~~~_,_,-~:!:~<1l~~~~~~-~-t~~-P.;-~.;i's:foris. -oL~~o~i~:;~. ~ ...,...,..1"'i~n. covering the Project, .. these By-Laws or other agreemen.fs ·, -~
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of the AS_!i·(?ciation. · · · · :
. . ' (g) To contract for and pay fire, casualty,·
errors and omissions, ,blanket liability, maiicious mischief, vandalism, liquor liability and other insurance, insuring the Members, .·the Association~ the Board of Directors ·and other-interested parties, in accordance with 1S,ne provisions . o·f ·the Declaratio!l·, covering and protecting against such · damages or injuries as the Board deems advisable (vhich may . include ·without limitatfon, r.iedical expenses of persons in-.. juried orrthe Common Area). The Board shall review, not less frequently·than aimpally, all insurance policies and •bonds ootained by ~he Board on behalf of the Association. . " (h) To contract for and pay maintenance,
gardening, utilit-i-es, materials an_d supplies, and services -relating to the Cominon Area and to employ personnel necessary for the operation of the Project, including legal and account ing services, and.to contract for and pay for Im~rovernents and any recreational facilities on the Common ~.rea. ·
(i) To delegate its pmters according to
law, and subject to the approval of the r-:embers, to adopt thdse By-Laws. •
- (j°j" ___ To cirant ~asements where necessary for~
utilities and s-ewer--fac.i:lities o~~r the Project to serve the , Proj~ct.
(k) To fix, determ:i.ne and nane from tine .
to time, if necessq.ry or advisable, the ·public agency, fund, foundabion or corporation which is then or t~ere organized or operated for charitable pqrposes,- to which the assets of this Association shall be distributed upon liquidation or dissolution,. according to the Articles of -i:ncorporation of the AssociatioR.a. The assets so distribute4 shall be those · remaining aft~r satisfaction ·of all just debts and obliga tions of the Association,' and after distribution of.all property held _or acquired by the Association un~er the terr.,s · of a specific trust or 1:,rusts. , 0 • .
, (1) ·io adopb-su.cb'rulcs an'a reg~latiOQS.
a_s th~ Board may deem necessary fbr the I!lpnaqe:-.en t_ of• tr.e !'roject, which rules and regulations shall_becO!,,e effecth---e and binding aft~r (1) they are adopted by .a r.ajority of tile Board at a meeting called for that purpose, o= by the ~~itten consent of such number of Directors attached to a CO?Y of the rules and regulations·of the Associatio~, and (2) t~P.Y are posted in· a conspicuous place in the Cori::o:: Area. ~uch II
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:.;.__ · . "' . -,-~uler am! reg~la tiOns "1!\ay concern, •~i thou t' 1 hti ta tj.on,. use · of t:he·~ii Are&; signsj 1parking :restric!:ions, minimuh .r 1-·-- · sta~s- of -property inaj,.nterianc~ consis_tent wi}h t:he Dec- ., .l_aratipn· and the procedures of th& ARC; Md any -other matter within.the juri.sdiction-of the Associa-ti6n as ·provided in the Declaration; p,ovided, however, t~t such.,rules aI'-d r~gu- - lation-s shall be enforceable only to the extent·that the~ are consistent with ·the Declaration, the Articles of Incor~ .-._~.-:'_-_: .... __ +-- • - --~~~Jt~~1~ ~~~-~t_.~:;La~~ ~-: :. . .. -- ': :'·•e --,-~- .•-- . - .;: .. - .,.:..:~. -~ -- • ~ :.... --:
. • ~ .. -.. - ---------. •:'"fm)·::.iro ~pj'="or-:'<ia"\D&-~0-be· k~ptPa'·d)nf.;.. .... c:. .. -_ plete ,record-of "'11 acts and corporate a-ffairs of -the Association and to present a statement thereof .. t:o .the: P_ Members at .the annual meeting Qf the._llembers aI)d ·at _any other time that such statement is ~reqUested by a1i least ifen perc~nt (10%) of the Members ~ho are ent~tled to ~ote:. 4 ~ · : · (n). To appoi~ a Member4flip, Committee·.·
· composed of, at least one (~irector and at least one (1) .
Association Member at-large. The Membership Committee shall be· responsible for contacting a-11 purchasers of Lots in th_e Project as SG>On as any transfez.: of title to a Lot-is cis coyered. The.Membership Committee shall further attempt to establ:ish initial contact with all Members"who are -delin- " quent in the payment of any assessments or other charges due • _. tne Association.
, (o) To sell property of the Association, pro-
-vided, howevei;-, that the prior vote or -written approval of._ Members entitled to cast at least two-t}Jirds (2/3rds) of.each • class of the voting.power of the Association must be obtained ·to sell during any fisca~ yea,r property· of the l\'Ssociation having an aggregate fair market value greater than five per cent (5%) of the budgeted gross expenses of the Association 'for that fiscal year.
Section 4. . Mana~ement A~ent. On or before the
date of· the first annual mee.ting. Jr t e 1-!embers of tne Associ ation, the Board of Directors may.ap~oint.for the Association a profes·s•ional management agent at a ~ornpensatiop. e~tablished by the Board to perform such duties and services as the_Board shall authorize, includ.ing but not limited to, the duties listed in Section 3 of this Article IV. ·
Section 5. Election and Tenn of_Office.
(a) A e the fj .. rs t annual meeting of tl".e lewber~, and thereaf~et at each annual rneet.i:ng of the ~!embers, new -Directors shall be elecl:ed by se.cret written bal'lot by a majority of ·owners as provided in __ these By-Laws, and all po..sitions on t:he Board of Directors sha11 be filled at that · election. In the event tha.,t an ..a1'llual• meeting is n~t held, ,• · or ·t:he Eoard is not .elected .ther-0.at, the Board- n~y be elected at any special meeting of lhe Mcm.a,ers held for that p.:rpcse. ~ Each 11ir~ctor shall hold office un~il his- successor has qe~ ~ · , elected or until his death, re.signat.,&on, re:-.oval or judi~"al . ~ .,.- adjudication of· mental incompetence •• The terr. of office of . o · each Director elected at·the first annual !'leeting ar.d ~he term of office of each Director elected to fill a vacancy c~eated by the expi~ation of th~ term of(office of the
respective past Director st[all b~·one Cl) ye.ar. The tern ot office of each Director plectcd to fill a V~fancy created -,. ,,..,.,,. -8-
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··by;:tlie.reisi~natiol\, d~ath·or Jiemove1·,of -h~s p~ec.ecessor· shall be the·balanc~ of the unserved term of-his predecessor., Any :Person serving as a .-I>.i,rector. may be re-ele<:te"d. and. there ~ shall-be no limitation on t~e n~ber of-ter.:is during which he may serve.-'. -E~c;:h ·Member. may._acf:umulate h'is ·votes tor the _ election and .removal of Directors. as prov.ided· in. this Article .• · ~v. At any elect'\on of the _Boa.rd, each ?-!ember' may give one . or more candidate for Director a number of votes equal to . • _ _. -- · · the share of· the voting power as set forth in the Declaration, .·. _ •: __ _-___· .... ·-" -}!-tt_i~lie1-.:b;:~~~-_: ____ r.~f.:D_irec~°:r~_,.f:~--~;- el~c __ f4:d-__ .. :--.:.. ~: ---<:,; _ ....... .-...:4--. -~~~--..:,..,e-._:_.,-- .••• -~- ~: __ # • --~~~._-.,.,.,.;-----...-- •·· -·· "'· • ·-. ~:~-~-~- ··':" ·: . . •. ~ (b) - ?lotlffthst:and"ing· tbe 'toregoing, wl:,enever ·-cl) · . notice is given fo~ an election of Directors 9f the Board and (2} upon-such date the Members other than Grantor "do not have .t'sufficient percentage of the-voting power of the Association to.elect at least qne Director through the foregoing cw::iula tive voting procedure, such notice shall also provide for the following special election procedure. _Election of on,e Direc tor shall be apportioned entir~ly to the Mer:-.bers other 'than Grantor. Any Person shall oe an eligible candid~te for the special election upoti rece_ipt by the Secretary of a Declara- tion of Candidacy, signed by the candidate, at any tine prior· t.o the election. Such.election shall be by secret ballot un-· less·a majority of the Members other than tr.e Granter determine otherwise •. The person receiving a majority of the votes-cast. py the Members other than Grantor shall be elected a :-!enber of the Board in a-co-equal capacity with all other Directors.
The remaining Directors on the ·aoard shall l::e elected through _ the customary cumulative voti~g procedure outlined above.
Section 6. " Eooks, Audit. The Board of Directors
shall cause to be maintained a full set of: l::ooks and records showing the financial condition of the affairs of the Associ ation<fn a mann~r consistent with generally accepted account- ing princip.les, ·and at,i,no greater than annual intervals shall obtain an independent certified audit of such books and records.\, -A copy of each such audit shall be deliv_ered to a Member wi...-in · thirty (30) days ·after the completion of _such audit upon wrtten request from a Member. A balance sheet and an audited operating (income) statement for the Association shall be distributed to each Member (and to any institutional hold5!r of a -,f-i"'rst ~~ort gage on a Lot in the Pr_oject upon request) as·· folloivs: .,. {a) An ~nitial.balance sheet and an initial oper
at1ng·statement as'of an aqcounting date which shall be the last day of the month closest in time to six (6) ~~nths fol lowing the dat" of cl!bsing of the fir:;t sale on a Lot t_o a Member, within sixty (60) days of such accounting date; ~ . .
(b) Thereafte,:-', an annual balance ·sheet and-an
annual operating statement as of the. las·t·day of the ~.ssoci- -1~!<:>~~t/~~-S~~ year, within., nine~y 0 (90~ cays o_f suer~ account- - .. . t . . . .
- ?he operating statement--=tor the fi~st six (~) ~o~
accounting period referred to in (a},bove s:iall incltce. a.lll'jlli/1"_ schedule of assessments received or ceiva~le ite.tlizc4---b"t--- ~ot nwaber and by the name of the. pe on or e~tity asse$sed.' All books, records and papers of the· Association shall te made ava'ilable for inspection and copying by a:!y ?'.c:cter or his duly appointed representatjve at the principal office o= the - -9-
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A-&sociaiion oi at- such otl'le~ ·;pl.a~_e wi thi~ t,.l-t~ Project as . the Boarcl 11\AY prescribe-.- The ·Board shall establish reasonable. -rules ·with 1;espec"t to {l) .notice to be given to tbe cus,todian ' . qf the rec~rds by the Member desiring to make ~pe inspection, ~) hqurS--:--,a.nd ..days. Q~ the week wfien sucli. an inspe.ction reay be . - _made and (3'} payment of the cost. of reproducing copies of docUillents request~d by a Member. Every ,Director_ shall have the.abs_olute right·at·any reasonable tj.me to inspect all books;_ . . records and documents of the Association, a~d ~he physica1 ~~~~-~rti~it ':l~~..conJ;- __ oll_ed· ·by,_ tn~/~-~socia ~i9n. _ The hi_g~t.. . .,.., ~ite'"'-i-""'inspeo~n- ~Y · ~-~r~tor -,~µ . .iqclude the..·.r~t-.ts> .--.... -~~ - . make extracts and copies of documents.·· · - . . • · - ' - . ' . . ~ ·- . . ~
. ·section 7. Vacancies. Vacancies- in the Board
of Directors-caused by any reason other than the r~val of a Director by a vote of the Members of the Association shall be fille~ by vote of the majority of the remaining Directors, even though t'hey may constitute 1ess than a quorum; and each person so elected shall be a Director until a successor is elected at the next annual meeting of the }lembe~s of the Association, or at a special meeting of the Merabers called for that purpose. A vacancy or vacancies shall be deemed to exist in case of death, resignation, removal or ..judicial adjudication of mental incornpe te:r.ce of any Diyector, or in case t:he·Members fail to elect the full number of authorized Directors·at any meeting at which such election is to take . place.
. _ S~ction 8. Removal of Directors. At any r_~gu-
. lar or special meeting of the Members duly called, any one or more of .the Directors may be removed with or without cause by a majority vote of the Met:lbers of the-Association, and a succ~ssor may then·anO there be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the Mei:nbers shall be given an opportunity to be heard a_t the nieet.i'ng ~~ If more ~han one Director is to be removed at· any one time, each Member may accumulate his votes.and vote for or against such removal of one or more. ·of the Directors - in the, nurnbe.r _of yotes equal to his share of the voting .power e as set forth in the Declaration, multiplied 'by the number of ·oirectors sought to. be removed. ¥here the en.tire Board of Directors is not removed at one time, no Directoi;.;.shaH. be remov.ed if the number of votes cast against his rernoval ex ceeds the quotient arrived at when the total number of Lots in the Project is divided by one (l)'plus the authorized number of--Oirectors. If any or all of the Directors are so removed, ·new Directors may be elected at the sa~e meeting.
Notwithstanding the foregoing, any Director wr.o has be.en .elected to office solely by the votes of !-le~bers other than Gran tor pursuant to Section 5 of this Article._ IV may .be re moved from office prior to the expiration of .his tern of ·office only by the vote of at ,l~st 't sir..ple rajoritycof the V<?ting power residing in fi!er,,beE'~ other than .G:::-antor. . ~ . . I
~ Section 9. Organi1'°ation !·'cetir.g of Board. ~- ,, ~ • - f i:rst regular ("organization'') r:ieet1.ng o-f. a n~·.,;ly e!ecte- -~ , of Directors shall be held within n (10) days of eleC"t.ion of .,,- the ·Board, at such place as sha,l l f i:•:cd a::c a nnounce<l Jay -the Directors at the meeting at which such Sire_ctors ...,-ere elected, ·for the purpo.se of organization, electior. of o::ficers and the transaction of other b"J.siness. !:o !"\Oticc shall be -10-
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':: .. - . :· · • · .-. iieci.~sa~y-- i::<> ·tJie ~~iy· ~~tel? Di~eeto~s · ~ -~c!er i~gall:Y ·.:t<> .,. • · cq~atit~ ·suc_h meeting, .provi~ed a maJor1.ty ;Of the whple J Board·sl'µtll.be present whe~ the ·ti.me.and place are announced~ . . - :_ . . - . ... . . ·' . . . ~ _,. -- . '.""' ... ····_ - :_ .... Secti~n 10. ' . R4;2ular ~etin1~ of Bdard. ~ Regular __ _. . m.eetings of the Boar~ of Di.rector~ shal '._be· open . to._ all ~e."!I~ · hers; provided th'\ t Members whd are not Dh::ectors ~y not -. · participate in any: delibera·tfons or- -disc\Sssions at such regu- • - lar m~tings unl,_ess· expressly" so authori.z"ed by a vote .of a - · · - Jq~j(!~i ty of __ a _ _guorum _ of _.th~ ¥6t"d _of _04.~ec:=tors: .. Regu-lar !!e_~~-7 _ ... ~ ,~~~~--~".t~~e .. ~=h~il!!~.,,~-~-P!~':e-:,_.w~hi_n_ ~:,:A~.,- J:~~i-olii-... :,..~•t::"·•i. - -: •~s"tiall .. ~.-a~rmii\ed,-""Yidm tune~ tl:tll~, by a re-so!ii't1on·. · •
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·adopted by a ma~rity-of a quorum of t~ Direct'cirs; provided, .however! that such m7etings shal~ be held ,no les_s· /reque:itly than quarterly. t?otice of thEa time and place of regular· .meetings of the Board of Directors shall be given to each Director, personall.y or by mail,. telephone or telegr.aph, at least ·seventy-two (72) hours prior to_ t~e date named for such meeting, and shal.l be-posted a~ a prominent place or.places within t:h~n Area. • , · - . ,
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- _ - Section li. · SfE-cial Meetings of Baprd.. Special meetings of ·fhe Board of Directors shall be open to .all ~1em-. bers; provided, that Members who are not Directors may·not participate in any deliberations or discussions at such special. meetings, unless expressly so authorized by a vote of a majority of a.quorum of the Board of.Directors. Special meetings -may be called by the President. '°r-, if he is absent or refuses to act, by the Vice-Pre11ident) or by any two (2) ··Directors-.. ~t l.e;:i.st Sf!venty-two (72) hours notice shall be given to e~ch Director~ personally or by mail, telephone or tel.egraph, which notice shall state the time, place- (as here- inabove .provided) and the. purpose· of the n~et,i,,ng, and shall be poste9 at a prominent place or'places within the Cor..r:on Area. If served py mail, each such notice shall- be sent, postage prepaid, to the•address reflected on the records _ of the Associ-ation·, and shall be deemed giv_en, if not actually received earlier, at 5:()0 o'clock p.m. _on the second day after it is deposited in a regular depositary of the United 4 •States-mail as provided herein, Whenever any Director ha·s · been absent from any special meeting of the Boar.d-, .tn. en try in the minutes to the effect that notice has l:een duly .given · shall be conclusive and incontrovertible evidence that due notice of such meeting was given to such Director, as.i:e- qu~red by law and as provided herein. _
. . Section 12. ,Waiver of notice. Before"-'or at
any meeting·'of the Board of Directors, any Director nay, in ,-triting, waive notice of such'll}ee.ting and such .,._aiver shall be· deemed eqtii va lent_ to_ tthe giving of such notice. , At ~en - dance by a Director at any t:1eeting of 'th~ Board shall-be a waiver of notice by him of t~e time and place thereof. lf .all-the Directors'are presept ab Ahy ~eting of the~Board, no .gotice shall be require~ ~nd -a11y business r:ay be trans- . acted at such meeting. The tra:~tions of any r::eeting of . ......_ the Eda.rd, however called and noticed or ... ,:her ever he~d, ,,,,..,- -shall be ·as valid as thou?h had at ·'ililmeeting c:uly .hel~ n~ter regular cal 1 and .notice , . l. f a quor~c present·, and l f , either before or after the meeting, each of e-.e Directo"rs not pretent signs such a written waiver. of not.ice, a consent. to holding suc·h meeting,· or an approval of the minutes . thereof. .All such waivers,- c6nsents and approvals shall be -11-
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Secti-on 13 •. ' Quorum: ~fid Adjo'1rnment~ . Except as ·otherwi"ll>e exprdssly provided herein, at all meetings-of the · Board_. of Directors" a majority. of the Dir-ectors .. shall con- . . . stitute a qU~rum for the transaction of business, and the . ...
· -_ ::- . _ ac. ts•:o_ f t~e major~'.-of the DirectQl;S present at a meeting.. · ___ . . · ~ : .. : · : . " .. :J-LW~~tjl a,_.,.qi~ _ te~n.1;. _.~hal~,.:J~~.-~~ · ad:s _o~- the _.Bc:>a_,;<!_ •.. · · .. . :,.: :::4:1-,; · ~~~ .... -,~f . _. ag.~~.ti.n.g-,o..f..:t..ht! . ."BQard, of.<:QJ.,~-!'.,, -~ ~ ·• · · there is '·less than ·a _quorum· present~-, eh1f majority· of those · - pres;r1t may adjourn the meetiftg from t-ime to tine. At any such .. adj'ournad meeting; any business which inight- have -been. transacted at the meeting as originally called may be trans- 1 acted without further notice. The Board may, with the approval of~ majority ·of a quorum of the ·oi'reQlliors, adjourn .... a··1!\eet-ing an_d._reconvene in execut-i.ve session to discu_ss and • · vote upon personnel matters, litigation in which the Associ- ation is or may become involved and order& of business of a similar nature. The.nature of any and all buslness to be considered in-executive session shall first be announced in open session.
, . .section 14. " Fi deli t
1 Bonds. The Board of
Directors may require that all o ficers and employees of the As·sociation handling or responsible for Association £.unds shall furnish adequate fidelity bonds. The premiums on such .. b~~ds shall ?e paid by the Association.
Section 15. Committees. The Board of Directors,
by resolution, may from. time to tJ.Ine designate such committees as it shall desire, anu may establish the purposes and powers of each such ~ommittee created. The resolution designating and establishing the comrni~tee shall provide for the appoint- ••ment of its members, .as wel 1 as a chairll\_an, .,Jih~ll -state the purp9ses o-f t:l"le .committee, anc shall provide for reports, terminati-on-, and othe:r admhii·strative matters as deemed ---~--~a~p~p~r-o~p~r.;i-ate-by the Board.--'- ·· ---------
ARTICLE V
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OFFICERS
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Section 1. Designation. The principal officers
of: the'. Associati.cm sha-ll be a: President, .a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by the Board of Directors. 'The Board of Directors may appoint. ,•
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an Assistant Treasurer and an-Assistant Secretary, and such o~her' o!fi~~i::s as_ in the~r jtidgmeL!t rnay be i:iec;essary. Offi cers other than the President n~~ not be Dir~ctors,. The of·tice of Secretary and Tr~asu;-~i::' _may be held· by the sane Persqp, but tha office of Piesid~t and Secretary may not.--.._ _be held by the sam~ Persan. ' ~ .~
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, ·.· .. -~· .. _.lsect:1on-2 ~- • .·rtection'.<c:>i Oftkers-. ··-:--".l'l'l"fl\tee~. -co:,,if~·-i~~rs-:---'---'---" :of . the_ As!iloclitlon sha.p. · be elected annuaily by the ~rd c,f Directors.ai the Orga.niution M.e~ting.of each new Board of·Directors,,and each officer shall hold his c,.ifice at the -- . " • i
,. : .. pl~asure, ~f. t~ ·Board~f--I1iroctors, tintii he. shall: resign • , or be removed .or otherwise disqualified ·to serve ·or h,is- • successor'sha,11 M. elected and qualified to serve.
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· · · ·. . 'Section 3. . Remo~l of Of~ers. Upon an -at~ ~· < ,: .... :+--~. ~4~3i~Y'¾!'.¥O:.t~-~ ~aj~ity. _of· the. -~ ~e _ ~arcl_: of_ E"irec.tw:s, ~ ,o--:< :· '4. -~•1'ari'J"' . f"~,m~·b~•.xegq,..a,..-:,e-1~~••:}1"').t~ .o:c··w1,th0~ ~~\'iae,.:_.. ~ ~ ·. and his·successor elected at any regular meeti~g of the Board ,..
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.of .. Direc·tors, or a-:t, ai:iy \pecial meeting of the B9ard of Direc te>rs called for sucb_ purpose. Any officer may resign at. any tµne by giving ·wri,t.ten notice·to the Board or to.the President or Secretary of th~ Association: Any such ~es~gna~ion sh~liia, ·take e~fect at the date of receipt of such notice or a~ any 0 later•time specified therein1 and unless otherwise specified in said.notice, acceptance of such resj,gnation by the Board .shall not be· n~cessary to make it effective. ·
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·• -Section 4. . Compensation. Officers, agents,
and employees shall re~e-ive such reasonable compensatio~ for their services as may be authorized or ratified by the .Board;_provided,--however,·that no-officer shall receive cthy conu,ensation for services performea in the conduct of the Association \s business unless such compensation i•s approved ·by the vote or wri.tten consent of Members representing at ·· ieast a majority of both the Class A and Class E voting power; and provided further, that (1) nothing herein con tained shall be construed to preclude any.officer ~ron
serving the Association in some other capacity and rec~iving compensatlon therefor, and (2) any oEficer ~ay be reim .bursed for his actual expenses incurred in the performance o..f his duties. Appointment of any officer, agent, or employee -~------· ... shall not of~ itse.lf create contractual rights of com_pensation for services performed"by such officer, agent, or employee.
Notwithstao~ing _ _t_he_fo:i;eg~i.-_ng, no officer, employee or di- rector. of Grantor or any .affiliate of GrantOr +may ·reC-eIVe-··-... ---· --·-~---· any compensation.· · ·
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Section----S. President. The President sh8ll be
the chief execu~ive officer of the Assoc..i.ation~ He Shall preside at all meetings of the Association and of the Board.·~ ·of Directors. He shall h~ve all of th~ general powers and dutie:LJWic~ __ are usuai.ly vested in the office of the~resi dent of a corporation, including but not limited to the· power,-subject ~o the provis~on"s of.Article IV, Seccion 16, ·to appoint cprnmittees f:r;-om amo)\q t,he Members fror.i time to time as he may in his discretion decide is appropriat~ to assist in the conduct of the affairs of the Association.
The President shall, subject t~ lJ1e cpntrbl of the Board of Di.rectors, have general superv~~ion, direction and~control of the business of· the ;,ssociation. The President shall be -ex oificio._a meinbe~ of all ·stand'fng comtjittees, and~he sh,.U._ - have such other powers.and duties·':i may· be prescrib~c by.~ the .Board. of Directors or these By .. aws of the Assoc_iat~n •. sectio"i1 · 6-.- Vice ~iaent. The Vice Pr_esident
shall. tafi--1:he place of the President and perform his cuties, e.' _whenev_er ~=-Pre~~ident_ sn~ be absent, disabled, refuses or. ...
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- ~other membe~ of the·Board·to SQ do on an inte~im.basis:. The Vice. President shall al.so perform such· other -duties a.s shall.•· fr& time t~ time ~ imposed upon llim by ·the -Board of Dire~ · to;rs_ or t:l}ese By-~a.ws of the: Associarton.
·: . . Section 7., · . Secretary. TtJe Secretary shalj: keep ~ ~!;=;._;-;tf-t{~::cg:_.~t ;;: ~;~~~~i~~r;~~~;. .. ~~~ ~ ~-1"-~1 office ol the ~ssoc~on or at·such ofher place·as the Board of Directors may order. The Secretary shall keep the seal of .. the Association-in safe custpdy and shall· have. charge of-such _books and papers as the Board of.Directors . .,. may direct; and the Secretary shall, in general, perform .all of the duties incident to the offic~ of Secretary •. The Secretary shall give, or cause to be given, notices of meet ings of· the Members of the Association and of the Board of Directors required by these By-Lpws or by law to be g~ven • The Secretary shall matntain a record book.. of Members, listing :------the nmqes and-addresses of the Members as furnished the A.ssoci ation, and such books shall be changed only at such time as • satisfactory evi"lience of a change in ownership of a Lot~ _presenteq to the Sec!etary. The Secretary sh~ll perfom such other duties as may be prescribed by the Board of Directors • ..
Section 8. Treasurer. The Treasurer shall have
responsibility for Association funds and securities and shall be responsible for keeping, or causing t9 be kept, full and accurabe accounts, tax recor~ and business trans- • actions of the Association, including accounts of ail assets, liabilities,·receipts and disbur§ements jn books belonging · to the Association. The Treasurer shall be responsible for the deposit of.all monies and other valuable effects in the name, and to the credit,. of the Jl.ssocia tion in such deposi taries as may from time to --time be'-des-ignate-d by the Board of Directors. The Treasurer shall disburse the funds of the Association as may be ordered by_the Board of Direstors, in accordance with the Declaration, shall render to the President and Directors, upon request, an account of all of kis trans actions as Treasurer and of .the financial conditions o~ the -Association, and shall have such other powers and perform. such other duties as may be prescribed by the Board of nirec~ tors or these By-Laws.
Section 1.
ARTICLE VI
OBLIGATIONS OF MEMBERS
Assessments. ..
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accordance wit.h the provisions o#. the Declaration,· and th~_ . ,, ' ... Mast~r- .Declaration, all assessments impctsed by the Jfssoci_.,,.,,,..~ ~ · . - ation and the Ma~ter Association, fil meet their respect~e ~ ✓ Common Expenses. . , • . .
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(b} All delinquent assess~ents shall be
enforGSed, collec.ted or ·for_eclosed in the rnan~er provided in the Declaration and the Master Declaratior. ,_ as applicable. ' .
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·- . . (a) Every M~mbe:z:; must p_erform promptly,-; ~t his~s~le c9.st'and :expense, all ma-int~nant:e·and repair·work on his Lot, a~ required under t.he prov.isi~ns·of ~he·oeclar ation. ·_ As-furthp, provi~e~ in the Declaration, all plans · . for ~·1terat1.ons arid_ "repair ot Improvements on t.he Lots . within the Project must receive the priq.r wri-tten consent· of Ii .~R~. Th.e_.~i3._C sn!;Ll ~s!_abli~h _re~~rial;>le procedures ~?_!_·_ . . ~~4Q~_%~-~~ :a.e~~'?1;!1-, .• 1.!1.~~~raa~e ::ti:;~-~-h~'"P.$~-:;. ~'"' ,._. ·. ., at1.on. -.-- ··- ·- ·· -· .=: . ~ · . · · · · · - . -{b) As. further provided in the D.eclaration,
each Member shall reimburse the Association for any expendi tures. incurred in repairing or replacing any portion of the Common lt'rea owned by the Association, which·are ~air.aged throug1\, the fault of tiuch Member. Suchexpenditures_shall in- ,clude. _all court costs and reasonable attorneys'. fees incurred in'enforcing any proyision of these By-Laws or· the Declaration.
ARTICLE VII
AMENDMENTS TO BY-LAWS
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These By-Laws may be amended by the Assot:iation in
a duly constituted meeting of the Members for sttch purpose.
No am~ndment to these By-Laws, shall take~ effect unless ap proved by at least a 'inajori ty .of" a quorUir. of each class of Memb~rs present, in person or by .proxy, at a culy constituted regular or special m·eeting of the Meir.hero; provided, however, that.these By-Laws may be anie-nded by a r:iajority of the entire Board;, at any time prior to the close of escrow for the sale of: -the fi:i::st Lot to a purchaser from Gran tor. .-The prior . writtel!..-approval of each institutional holdet of a first deed -of trust lien. of record made iri good faith and for value on a Lot in the Project must be secured before any material·· amendmen"t to these By-Laws may take effe:ct, ,,hich -adversely affects the rights of Bny such institutional holder, and· . this s·entence may not be .amended without sut:h pr.i-or. wri tteri approval. The term "institutionai holder" as used here,i.n shall mean a Mortgagde ~hich is a bank or savings and loan association or established mortgage company, or other.entity ch~tered under fec~ral or state laws,· any corporation or · insurance company, or any :f;ederal or state agency •
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ARTICLE -VI I I
MORTGAGEES
Section 1. No,tice•t8Asoociation. A,~e~ber_ ,•
who. mortgages his Lot shall notify the ~.ssociation through the Manager, or through tht ·Sec:r:~ary oi the 1-.ssoc±atior. o.~ '-4 ,, ' the· l30ard of Directors in· the even~ there is no ·:~anager, o~ · , ~the name ·and address of bis r1ortgag~; and the Associatic..n shall ✓ maintain such inform~tion in a book 'ltnti tled "~·ortgagees of Lots" .. A_nf such- Member _shall likewise notify the Association as to the release or ~ischarg~ of .a~·y such /'.~gage. _ Section 2. Notice of Unpaid F.sst!ssnents. The
Board of ivrectors of the Association shall at·the request of -15-
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ARTICLE_ IX
CONFLICTING .PROVISIONS
- · · . .. In case any of_ these By-La}-,'s· {onflfct ~itp any -pro- i:•··~"--_._:,_._ .. ,.. __ ~- -~;,!_:~;i.on~,£~.:1$.94.aw& _of.-th~_Stat&; 0£ -~!:forni.a.-! .. s~e_~ .. c~-·<;.; _ -.~ ."'.'Y~~ff!~~By...-..Wsc:_.§ha-i:1-.~ :nun.- ~.-VQid -upon ritra:l: .cotii::-c . . • · determination to such effect, but all-other B.y-Laws shall r~in in, fu11· force and effect. In case of any conflict '
~ betweeB the Articles and these By-Laws, the Arcicles shall control; and_ in the case of any conflict between the Oeclara tion and t~se By-Laws, the Dec3trati9n shall control •
. f
ARTICLE X
-·-· INDEMNIFICATION OF DIRECTORS AND OFFICERS
· ,Except to the extent that such liability or damage
-or_._injury is. covered by insuranci! proceecl's, the Board of Directors may authorize the·Asso'!-iation to pay expenses in curred by, ~r to satisfy a judgment or. fine rendered or levied against, a present or-former Director, officer, committee • member, or employee of the Association in an action brought by~ third party against such Person, whether or not the Association is joined.as a ·party defend~nt, to impose a liability or penalt.n such petson for an act alleged to h~ve been c~t~d1W' sue~ person while a Director,-9fficer, committee member or employe~; provided, the ~oard of Directors determines in good faith that such Director, officer, or employee was acting in good faith within what he reasonably believed to be the scope of his employment or authority and for a purpose which he reasonably believed to be in the best interests of the Association or its Members. Payments autho- - rized hereunder include amounts paid and expense.incurred · in settling any such action or threatened actiop;, The pro- . visions of this Section shall apply to the estate, executor, administrator, heirs, legatees, or devisees of a Director, officer, committee member, or employee, and the term "Person" where ~sed in the foregoing Section sha~l include the estate, exec1,1tor, administrator, heirs, legatees, or devisees of such Person.
ARTICLE xr
MISCELLANEOUS
.. e • ,~
Section l. txecu,t.3;on of Docur:?en ts. ~ 'I'he Board
of Directo1;s, except ~s i1t1. the~~_-By-Laws otherwise prov id_ed, . ,_, ' may ~uthorize any officer or officers, agent or ageJltS •~r ~- , _ enter into any contract or execute any instrQ-:-.ent in t~·,. • ·"\ .,,,- name and on behalf t>f the Association, .and such authority '.""'- may be general or conf in7d "t..o specific· instances~ and_- unless ·so authorized by the Board of Directors, no o=ficer, agent, - committee member, or emplq,yee shall have. any power or author ity to bind the ~ssociation by any contract or engagement - ' .
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. ~• --t~,undersig~e~, do hereby ca-All,fy··.t:1).at: · · -- - ~ . - .
. · .it • .. •I .a.in the duly elected and acting Secretary of .-. ' ~ .-.· .. ',~ . . . . ·--- . t ..... () "! ~ . .. . . . :.~:4~- ~~~~ 2~~~~,~~~-•~-~~ <:~i.~~r~~-,~~~"~-,,.. --
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2. The foregoing.By-Laws comprising 18 pages
including -~is page·· constituee the By-Laws. of the -Xsociation •
duly ._adopted at the meeting of the Board of Directors thereof f •
duly held on 1977. ( -
,/JIN ~TNESS WHEREOF, I have hereunto subscribed my .
. 'i .
hand and affixed,. the seal' of the 1ssociation this
day of _________ , 1977~
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Secretary
(SEAL) .
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LEGAL .DESCRI
0 P'l'ION OF COMMON AREA IN FIRST PHASE
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T.h.lt. certain Pr.hate·--.Access1Kil¥~~ sh~wn on the ~subdlvb10f\ Map , of Tract r,:o. 7S87~. recorded on June 1-4, 1976, '1n Bopk 378; 1Pagea_· .:
·21 f:o ~5.;. _;nc1.u;5!ve, _-P~ Mlscellaneou!\ P-'.ap~·;- !,J:l the Office of ~- . Re~orde~. 6! Oronge County, Cali~orpia; tog'e-qler with: •. · ·I • ~ • I' I_,, " .. " .
#\11 Uint ct!rtain reat properfy in- the Cit¼' tlf 'An:1lieiin, -County ·or Or:~nge,:.
State of California being all thos:.> portio;1s of Lots 6 through 34_inclusive'.
Trac;l __ No. 'l.~97 • pe1• · m:1p r.::corded in, Book 37-~. pages 21 through 25 -· inclusive of l'tliscellancous i\1nps. records of said Ora11g\!_ County. California, described as follow 11s: -r- · - -
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.- 48" }:ast ~ 35.JJ) feet;
oo·· East, 15.00 feet;
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- 5 go 14' OQ" Ea5t, 21.00 fct:t;
6 160 50' 00'" \\'Cst. 31.50 fcc1;
7 North 28° 25' 00'" West, 42.00 feet;
. :/ .. 8 North 23" 00' 0()"' Wes!. 28.50 feet;
9 North 35° 40' 00" \\"est. 47.50 foet;
10 South 53° 11 '. 30" West, 11. 00 fed;
111 North 23° 40' 09"' \\'est, 18.45 fee-I;
12 North 37° 51' oo--, \~st. 4:;_;5
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19 South g90 51' oo'· \;".:st. 31.00 feet;
20 North 40 4 ... r 09" We,;t. 3:-,_oo foct;
21 "orth 31° 10· CO" \Vc::-t. 12 .00 feet~
22 North 53° 19" oo·· We!->!. 1<t,.OO feet;
·23 North 80°~ 00 .. \;°.:-"t. 19.00 rc-c1; ~
.24 South 10° 3 ,•:~ \\'c,-t, 4:..50 feet;
25 l':orlh 76° Si' 00" \\°est. 13.51) fepti
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.34 South s-10- or 00" \~est; 13:oo feet,__
';35~uth.24~ 2i'_oon West, 12.00 feet;_
36 Squth, 10°. 2'7' 00'' East, 27 .50 feet;
·37 South 3° 23' ~O" West, 60. 50. feet;
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41'· South 31° 16' 00" \\'est, 32. 75 ieet;
42 South 38° 34' QO" West, 26. 75 feet;
43 South 629 17' 23'' \\'est, 17.30 feet;
44 South 75° ·55• 12'' \\'est, 20.60 feet; -
45 South 67c, 10' 00" \\'est, 33. 75 feet;
46 South 46° 11' 00". West, 34. 50 feet;
47 South 30° 41' 00". West. 37. 25 feet; •
48 South 14°- 40' 08" \\'est, 42 .00 feet;
49 North 68°.51' 47" West, 5.00 feet;
. 50 South - JO 17' -28" East, 54. 25 feet;
1 51 •south 7° 25' 43" West, 52.25 feet;
··52 South 16° 59' O_O''t.West, 58.50 feet;
53 North 82° 5.4' 53,-West, 16.00 feet;
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57 58
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60 61
62 63
64 65
66 67
68 69
70 71
72 73
74 South 46° 19' 00" \·lest-;·
South 59°. 4.l' 15" West,
South .. 32° 0-1' 00" \\'est,·
South 57° 27'
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South 52° . 28' 48" West,
South 48° 07' 11" West,
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South 41° 10' 15" \\'est, 61.35 feet;
South 36° 30' 20" East~ 2. 00 feet;
South 44° 44' 07" West, 68.00 feet;
South 56° 37' 48" West;- 25.00 feet;
South 22° 18' 00" West, 9 . .00 feet;
So\lth -64° 30' 55" \\'est, 99. 20 feet;
South 17° 30' 31" \\'est. 12.00 feet;
South 59° 11' 23" \\'est, 46.00 feet;
South 52° 20' 44" West, . 55 .60 feet;
South 10° 42' 00" East, 18.00 feet;
South 43° 46' 52" West ___ 1l9.31 feet;
· South 43° 14' ,14" East, 37 .00 feet;
South 46° 42' 51n··wcst, 64.85 feet;
South SQ" 49' 42" \\'est, · _31. 00 feGt;
North 70° 42' 12" \\'es~0.27 feet;
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77 North 81° 24' 18", \~st, .20.20· feet;
South 64° 1'4' OO"~)~est, 6!1.00 for!t~
South 72° tfl '. · 2_§-" _\\·est, 'il. 25.-·foct T'\i
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78 South 57° 01' 30" \\"est,· 24..()0 feet; •
79 South 36° 05'. 00" \'."est. 22. 00 feet;
80 South 7° 35' ·00" }\lest", 22. 50 f<"et;
81 South 22° 26' OQ" East, 68.00 feet;
• 82 South 3° 02' oo"·\,·est, 39.00 feet;
83 South 34° 2i' 00" East' 42. 50 feet;
84 South 10° 41' 00" East. .60.00 lee!;·
85 North 52° J4' 00" East,· -39.QO feet;
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. 88- ~North Tl° ·50•,·ooi:1 Ea;t; 16,50 J~;
. ·n. North .,.. ·,-1· '0011 Eash 15.J,O feet:
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91 Sc?uth 20° 30'. 33" West, 24. 00 feet;
92 ·south 5° 39' 38", \\'est, 42 .20 fceti
'93 -South 25° 111 00" tast, 18:oo feet;
.M South 12° 34' 14" West, 58.99 feet;
95 ~rth 83° 34' ·OO" \Vest,. 11:00 feet;
96 . Sbulh 9° 38' 00" 'West, -28. 0~ feet;
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100 · South 84° 43' 00" West, · 22,.00 feet;:.: · ·
101 South 52° 50' 00';,\\'est, 36".5o·•reet; -,
102 South 34° 10' 30". West; 236.30 feet;
103 South 48° 42' 20" West, 111.51 feet;
104 ·south 68° 5&' 18" West, .. 150.44 feet
to the Point of Beginning .
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Containing 20. 0.00 acres.
Easements for Open Space and Slope Maintenance purposes over, along, across and through that certain real property in the City of Anaheim, .
County of Orange, State of.California being those portions of Tract 7587 per map recorded in Book 378, Pages 21 through 25 inclusive of Miscel laneous Maps , records of said County desci:ibed as follows: . .
Show Slope Areas .
•Those portions.of Lo.ts 1, 2, 5 through 9, 14, 15, 22, 23, 27 and 28 shown as•Show Slopes"on Exhibit "A" , entitled "Anaheim Ridge Estates Common Area Tract 7587", attached herete> and by reference made a part hereof.
All Other Slopes Greater Than. or Equal to 5 Feet
Lots 1 through 10, 14. 20 ~ 21. 27, 29 and 30 shown as "AU Other Slopes Greater Than or Equal to 5 Feet" on said Exhibit "A". . .. .
See Map of accessway and 990,500 square feet of slopes
-attached hereto as Exhibit 0-1
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= SHOW.. SLOPS$
= NATURAL SLOPES
Efl. = NATIVE. SLOPES
. . = ALL OTHER SLOPES GREATER
THANOREOUAL TO 5FEET
TOTAL AREA
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35,000 s.F.
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I CERTIFY THAT, C ·:-; :IS SE!'iL !D AFF,XED
IN PURPLE iNK, THiS IS A TRUE ANO
CORRECT COPY OF THE PERMANENT RECORD
FILED OR RECORDED IN THIS OFFICE. .
DATESEP O 't 200~EE 'Di. 0 0 ,----~--.._. •- .
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Recorded in Official Records, County of Orange
Tom Daly, Clerk-Recorder
AFTER RECORD A TION, RETURN TO: I 11111111111111111111111111111111111111111111!11111111111111!11111114 .oo 2003001427125 04:30pm 11/25/03
Tary C. Loomis-The1Tien, Esq.
23297 South Pointe, Dr., Suite 150
Laguna Hills, CA 92653 ·
200 44 A23 5
0.00 0.00 0.00 0.00 8.00 0.00 4.00 0.00
AJ\IEND:\IENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS AND
RESERVATION OF EASEl\IENTS FOR
ANAHEil'vI RIDGE ESTATES OWNERS ASSOCIATION
. '
This Amendment to the Declaration of Covenants, Conditions and· Restrictions and Reservation of Easements for Anaheim Ridge Estates Owners Association is made this 11th clay of September 2003 by the Board of Directors of Anaheim Ridge Estates Owners Association on behalf of the members ("Declarant"), a California non-profit corporation pursuant to the requirements of California Civil Code§ 1352.5.
WHEREAS, ANAHEHvf RJDGE ESTATES OWNERS ASSOCIATION is a non-profit corporation consisting of all the O\vners of ce11ain real property located in the County of Orange, State of California, described as follO\vs:
Lots 1 to 34, inclusive, of Tract No. 7587, as shown on a Subdivision Map recorded on June 14, ]976, in Book 378, at Pages 21 to 25, inclusive, ofMiscellan~ous Ivfaps, in the Office of the Orange County Recorder.
WHEREAS, on l\fay 18, 1977, Texaco Anaheim Hills Inc., executed a Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for Anaheim Ridge Estates Owners Association which was recorded on May 19, 1977 in Book 12203, Pgs 401-488, in the Official Records of Orange County, California (the "Declaration") with respect to said certain real property.
1. WHEREAS, Declarant desires to amend said Declaration as set forth herein.
NOW THEREFORE, said Declaration is hereby amended as follows:
Section 15 of Article I, is deleted and replaced with the following:
"Section 15. Family. Shall mean a group of natural persons living together as a family or as otherwise specifically permitted under California law."
AMENDMENT TO DECLARA TJON OF COVENANTS, CONDITIONS
A.l\.'n O'P'.<:TDTr"TTf"\1'.TC .1. I\Tn. nr.-,...T"'l.....,•• • ........ - ... - - - ~ FL 00174
I,
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Sep 04 03 06113p
2. Section I of Article IX, is deleted and replaced with the follov,,ing:
''Section 1. Family Re!:idence. Subject to Section 3 of this Article IX, each Lot shnJI be used a.s a re:-idencc for family purpo.ses or a."s othcnvisc specifically permitted under Califomia law."
r·-
IN WITNESS WHEREOf, the undersigned, bt::ing officers of Anaheim Ridge Estates Owners Association, upon vote of the present Board of Directors of the A$5ociation certify that the purpose of this amendment i~ to comply with C::i.liforni3. Civil Code § 1352.2 by deleting restrici:ivc - covenants from the Declaration prohibited by§ 12955 oftbc California Government Code and that, pursuant to Cnlilbrnia Civil C()de § 1352.5, the Association Board ofDi~crors a.re required and have caused this amendment without the necessity of obtaining :tpproval of ov,,11ers. Government Code Scclion 27288.1 compliance is attached hereto as Exhibit A.
STAT.I:: OF CALIFORNIA )
) ss.
COUNTY o"r- DV/-Al&__r; )
ANAH.ELl\1 RIDGE ESTATES
OWNERS 11.SSOCTATJON
By:~~
President
By;
Secretary
On __ {J~_I_I_-==--' 2003, _a~1{);:..,_y_9-AJ_O_/:J_L._. __ /J7 I LL{?fe) personally npp<!nrcd 'J;?Ot:>l:?i.< and . ;1- , _,,
personally known to me or rov f:!Vtdence ~1o be the pcrso~ whose namc~@re subscribed to the within instrument and ackno,•r'ledged to me tha@shc/lhey executed the same ir@_11er/their authorized capacity, and that by~er/thcir signaturt,..(s}on the i.nstrumcnt@Jie the persoy(SJ,or the entity upon hehalfofwhich the perso~acted, executed the instrument.
a
WAADA L. MILLER
Commlt!lon· # 1 407 528
Wl~oJfa)??~
Notary Public, in and for ~id County and State · Nolcry Public - Ccllfornla f · Orange County
Ml' Ccmm. uplres Ap{ 23, 2007
AMENDMF.NT TO DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS AND RESERVATION OF EASEMENTS
FOR ANAHF.lM RIDCF. ESTATES OWNERS ASSOCIATION
Pugc l ofl FL 00175
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Sf:'p 01 03 OS: 16p (1-tOO'..Jl.:Jl-,-,v
2. Sc.otion 1 of Ari..iclc IX, is c.lektcd :md reploccd with the following:
"Section I. Family Residence. Subject Jo Section 3 of this Article IX, ench Lot shall b~ used :,s a residence for Family purppses or :is otherwise specifically pc:m1it1cd undtr C.1lifomin. b.w."
rN \VlTNESS WI-JtRl:OF. the undcrsign1:d, being ofliet:rs of Anaheim Ridgi::- Es1a11:s 9·.:.·n~rs Aswci:;tioa, upr;n vote_ of the p;cscnt Bo::;rd of Directors oftl·,c: Associ:.ition certify 1ha1 the! pu;-po:sc of this amcnJmc:nt is w comply whh California Civil CuJe § l 352.2 by ddc:iing resl!ictivc ·· co_yi:n:inis from the Decbr,1lion prohibi~ed by§ l 2955 of1hc Caiifornia Gv.-ernmenl (~ode and that, pm:mnnt to Cnlifomi::i. Civil Code§ 1352.5, the Association Board ofDircciors :r:: n:4uirc:d.and have caused this nrnrn<lmw: withotit the necessity of obtaining upproval or o;;,-,;ers; Govemmcni Code Si:t.:Liun 27288.l cornplinnce is ati.::icht::d hcrcto__.-,~.Ex]libit A. · ,STATE Of- CAUFORNlA )
) ss.
C:Oi..JNTY OF,Y\N 8tPJ_:~;N {:)
ANAHElM RIDGE EST A TES
OWNERS ASSOC:JATiON .
By:
By:
On /0); /J...t:2,?3 , 2003, before me,~ '=---i--e. V, CA:;e ,k.£" pers9n:11lyapp~nr~d /Va..J/3M J. /v1J:) 1(1:;"/. and___&J/7,Y , personally known to me (or nn_)Ved !o mi: on !he basis of s::itisfactQiv evid~Q;:.) to be the pmon(,s,Y whose n;imc(.B1~/are StJbscrihd to the within instrum_CJ1I :\..lld ac.know.ledged lo me that hdshdthcy cxccu!t:J the ~;;me in his/her/their authorizl!d cap::icity. am.I that by his/her/their signaturc{,1 on th!! instium~nl.~/are tht: perso1~ or the entity upon hd1;.il f l)f which thi:: pcrson,.(.sfackd, e?ecukd lhe instrwnenl.
WlJNESS my lpnd and onici.i:I ~e;il.
Aivif..NOMt:NTTO DECLARATION or COVENANT$, COND11lONS
AND RESTRiCTIONS ANO RESERVATION OF EASEM£NTS
F'Oil ANAl·lt.lM Rlf>GE: f.S'l'A'J'l,:S OWNErL<; ASSOCIATION Pi,g:: 2 ~f2
FL 00176
EXHIBIT “3”
ANAHEIM RIDGE ESTATE OWNERS ASSOCIATION
Proposed CC&Rs Amendments Ballot
ANAHEIM RIDGE ESTATE OWNERS ASSOCIATION
A California Non-Profit Mutual Benefit Corporation
SECRET BALLOT
[Amendment of the Bylaws and CC&Rs for the Anaheim Ridge Estate community]
The Board of Directors for the ANAHEIM RIDGE ESTATE OWNERS ASSOCIATION (the "Association") hereby proposes to amend the CC&Rs to permit the Association to change the reconstruction, replacement or refinish of any improvement or portion thereof upon the Common Area, not in accordance with the original design, finish or standard of construction and in accordance with the manner it currently exists today, and provide that the Association shall pass to the owners of each slope on lots 6-26 and 28-34, excluding the show slopes as lots 1, 5, 6, 7, 8, the duty to maintain, repair and otherwise manage the Common Area slopes and improvements thereon, including insurance responsibilities.
Article XV, Section 5 of the CC&Rs states in part: "This Declaration may be amended only by the affirmative vote or written consent of the Owners holding not less than seventy-five percent (75%) of the voting power of each class of Members; provided, however, that the prior written approval of at least seventy-five percent (75%) of all first Mortgagees must be obtained also, before Article XII may be amended. . . ."
With 34 lots within the Development, at least 26 owners must vote in favor of the proposed Amendments.
Article II, Section 3 of the CC&Rs defines quorum as: "[T]he presence in person or by proxy of at least fifty-one percent (51%) of the voting power of the Membership of the Association shall constitute a quorum of the Membership. . . ." 51% of 34 lots is at least 18 owners.
After each of the proposed Amendments is a space for the Owner to mark an "X" and vote on the measure to either approve the proposed Amendments or reject them. PLEASE VOTE AND
RETURN YOUR VOTED BALLOT (WITH THE NECESSARY ENVELOPES) AS INDICATED IN THE INSTRUCTIONS.
______________________________________________________________________________
THE BALLOT
The Board proposes to adopt the following Proposed Amendment Nos. 1 and 2 to the CC&Rs, as detailed below:
AMENDMENT NO. 1
1. Article II, Section 1(e) of the CC&Rs is amended as follows [additions are shown as Bold and Italic and deletions are shown as Strikethrough]:
ANAHEIM RIDGE ESTATE OWNERS ASSOCIATION
Proposed CC&Rs Amendments Ballot
"Section 1. Owners' Easements of Enjoyment. Every Owner shall have a right and easement of ingress and egress and of enjoyment in, to and over the Common Area (except for the slope areas of the Common Area) which shall be appurtenant to and shall pass with title to every Lot, subject to the provisions of this Declaration, including without limitation, the following provisions: . . .(e) The right of the Association (by action of the Board) to reconstruct, replace or refinish any Improvement or portion thereof upon the Common Area, in the Board's sole discretion. The Association need not restore the Improvement and Common Area in accordance with the original design, finish or standard of construction of such Improvement, and not in accordance with such original design, finish or standard of construction only with the vote or written consent of the Owners holding seventy-five percent (75%) of the voting power of the Association. For example, the current condition of the slope of Lot 12 may be deemed by the Board to be sufficient."
Vote as to Proposed Amendment No. 1 [Mark an "X" to vote Yes or No]:
Should the Association adopt the above Proposed Amendment No. 1?
________ Yes (The Proposed Amendment No. 1 should be adopted.)
________ No (The Proposed Amendment No. 1 should not be adopted.)
______________________________________________________________________________
AMENDMENT NO. 2
1. Article V(a) of the CC&Rs is amended as follows [additions are shown as Bold and Italic and deletions are shown as Strikethrough]:
"The Association, acting through the Board of Directors, shall have, without limitation, the power and duty to: (a) Maintain, repair and otherwise manage the Common Area and all facilities, Improvements and landscaping thereon, except that the Association shall pass to the owners of each slope on Lots 6 through 26, inclusive, and Lots 28 through 34, inclusive (excluding the show slopes as lots 1, 5, 6, 7, 8), the duty to maintain, repair, replace and otherwise manage the Common Area slopes and improvements thereon in accordance with the provisions of Article VI of this Declaration. Article XI, Section 1 of this Declaration shall be amended to change the responsibility for providing liability insurance for loss or damage by fire or any other loss for the slopes (excluding the show slopes as Lots 1, 5, 6, 7, and 8) to the individual owners of those lots."
Vote as to Proposed Amendment No. 2 [Mark an "X" to vote Yes or No]:
Should the Association adopt the above Proposed Amendment No. 2?
________ Yes (The Proposed Amendment No. 2 should be adopted.)
________ No (The Proposed Amendment No. 2 should not be adopted.)
EXHIBIT “4”
EXHIBIT “5”
EXHIBIT “6”
EXHIBIT “7”
EXHIBIT “8”
EXHIBIT “9”
, o;
' ~ ~
~
" "' ..:. i
CL &!'
-.
\)
F 4i
£ R. '1~-0()/11~
. .
THE METROPOLITAN WATER DISTRlCT
OF SOUTHERN CALIFORNIA
.it'"TROPOUTAN WAT[f{ u1:.r~
. Qi SOUTHERN CA UFOff.Hll /' ,
' CEMIIW. UBRAJW
Report No. 795
GEOLOGY
LOWER FEEDER, SCHEDULE 75P
and
SANTIAGO LATERAL, SCHEDULES 90P and 91P
'
by: v. P. Pentegoff
Consulting Geologist
October 20, 1956
DATE-DUE
l-1
J
~.-_ .... ,;_.;.
----- -------------
710 West Holly Street,
October 22, 1956.
Mr. R. B. Diemer,
Chief ~;n:;inoer t>.nd Geucro.l }1'.a.'1ag;<~r,
The i)ctro1)olite..n ·;;nter District of Southern Co.lifornie. 9 306 ~est ~hird StrcetD
Los Ang ... ,les, Ce.lifornia.
Doe.r b~r. Dlcn.ncr,
I e.n fo1-.w.rdin; to you v:i th 'chis lotter four copies of u rcl)::>rt 0:::1titled
11 Geology - Lovrer Feeder; Scheci:.110 75 f·, e.nd
Santiago Laterf .. l, 8choc1ules g:; P and 91 1'." Attached to this report e.s sn cq;pendicos nre four sets of' tables listing p:;rt.in<>nt g'3olocicf1-l datn.
Pencil skatches of geology prepnred by me, of the
Control '..t'ov;or l:ddi;;e in profih;, Flan and Sections of dotr.dls n::.rn· rizht l>nnk of tho S<:nta An.a Crossin,:, v11d plan of' the ~Jt·ntb;:;o l'unQol v:er0 given to Er. H.J. 1:'.ills of your office.
Very sinc0r0ly yours,
)
1 THE ME"TlWPOLITAN WA'I'r'.:H D13TiUCT
OF
SOUTHERN CJ1LIFOlfrJI.A
GEOLOGY
vnd
Siu~TIAGO LATERAL, SCHEDULES 90 f f"lnd 91 p
• Po Pcnte"'ofi' J! t>
\:.letober 20, 1956
)
INDEX
Lower Feeder, Schedule 75 P, vnd
Santiago Lateral, Schedules 90 P and 91 P
· General - - - - - - ~ - - - Pago l
Control Tower Hidge - - - - - - - - - - - Page 2
Santa .i.na l\.ive:c Crossing,
Santiago Ln.teral - - - - - - - - - - - Page 3
Spillway Discharge,
Sfl.n-l;iae;o Lnteral
Santiago Tunnel
Appsndices
Schedule 75 P
Schedule 90 P
Schedule 91 P
Santiago Tunnel
TABLE
TABLE
TAELE
TABLE
TABCE
TABLE
'.l'ABLE
TABLE
'l'ABLB
TA.BLS
TABLE
I
II
I
II
III
'::
l
II
lII
1 II
III
Pa.gs 4
·· Page· 4
Rock Type
Strikes e.nd Dips of Beds
Rock '.l'ype
Strikes and
1}" ,_,i ps of Beds
Fa•.<l ts and Crushed Zones
Rock Type
~trikes and ··~. of Beds .:JJ. l)S
f.'aults, Contacts, Fractured
Crushed Zones.
Rock Typa
Strikos a.."'ld Dips of Beds
F'aul ts, Contacts, Fractured
Crushed Zones
~md
and
GEOLOGY
LO'iiER FEED!:;Ii'., SCHEDULE 75 P
· and
1t ;, SANTIAGO. LATI'~R4L~~EEDUL.!.!:S 90 P and 91 P
·'
GENBRAL.
i
i
Schedule' 75 P of the lov.rer feeder and Schedules 90 P e.nci 91 P of the Santiago feeder, ex'"end from the West Portal of the San Juan Tunnel in the southeasterly portion of Puente Hills to Santiago Reservoir in the northwesterly foothills of the Santa Ana. Mountains• Within these schedules there are fc,ur Special features; the control toYrer ridge near the end of Schedule 75 P and .the beginning of Schedule 90 P, the Santa Ana.
River crossingR the So.ntiago Lateral-Spillway Discharge Stilling Basin within Schedule 90 P, e.nd the short Santiago Tunnel within Sch::idule 91 P.
Geological conditions encountered at these features are discussed in detail v;ithiu this reporto
Cieology of the area. traversed by the pipeline is described in general in the following publications:
lo Geology and Gil Resources of the·Puente Hills Region, Southern California, u.s. Geological Survey Bulletin 768.
2o Geo1ogy of Sou'cheri1 California, Bulletin 170; Chapter 2,, Geology of the Natural Provinces, 1954, by Division of };lines, State of California.
3. Geologic Map of the Northern Santa. Juw. :Mountains~ Ora.;;:1;e and Ri'\"erside Counties, California, compiled by J. E. Schoolhiu:.10r, D. M. Kinney, lL F. Yerkes, and J. G. Vedder, 195•±
The portions of the I\tente ·Hills and the Sgnta Ana Mountains across which . the pipeline traverses are composed of rocks of various sedimentary forrroations.
The Fuente formation is the :most prevailing along the course of the line. It underlies the entire length of Schedules 75 P and 90 P and a large portion of Schedule 91 P from the begirm).ng of the Schedule to about 200 feet south of tho north portal of the Santin.so Tunnel v1here se.ndstone of 'l'opengo formation was encountered inside the tunnel. The Puente formation, ns it was exposed in the trench excavation, consists of thinly bedded gray.silty shale, tan colored sandstone and i:..1terbedded sfl..i.vidston0 a.nd shale. Top3.ngo formation, ma.de up r£ massive sandstone, extends to Weir canyon. South of Weir Can.yon the pipe crosses a nwriber of formations varying from Vaqueros and Sespe of Lovier Miocene to Eaker Canyon Conglomerate of Upper Cretaceous Age, and consisting mostly of sandstone, she.le and some conglomerates. The Schedule ends in sandstone of Santiago formation at the right abutment of the Santiago . Druu.
Beds of all forms.t:i.ons traversed by these throe Schedules are tilted, folded and crossed by &. n'J.rnbe~· of faultso Detailed description of type of .rock encountered, strikes ~1d dips of beds, and description, location fu~d strikes and.dips of faults are all listed in appendices to this teport.
Not .e.11 the trench, hovrever 1 was excavated in rock. Most of the excnvation along Schedule 75 P vras in ·an~vium a.long the bottom of the ca.nY:_on --~ it folloyrn. CrossinG of the Se.nta Ana River all was in alluvium, and the·- excavation in a number of smaller ·washes e.ucl canyons that the lino crosse·s was in alluvium.
-1-
Geology Lower Feeder, Schedule 75 P, and
Santio.go Lateral, Schedules 90 P and 91 P Page ff-2.
1\ithout exception the pipeline trench for the entire length of the three Schedules was excave..ted without use of shoring, and light blasting of rock was required in very few places.
Water ·was encountered along the trench in the Santa Ana River crossing and as small seepages between Stations 231 +oo and 231+25 south of the Sentiago Tunnel, and between Stations 435+50 and 436-1-00 toward the Santiago Reservoir.
The entire line is located so that it avoids areas of potential troubles; possibility of breakage of the line due to movement along a fault, or dislocstion and brev.kage by occurence of a large landslide is very remote.
COHTROL 1'-JNEH RIDGB ------·--···----
The Control Tower is locn.ted at the apex of o. narrow,, steeply sloping ridge that deparates from the Senta J\na River Canyon a deep, narrovr canyon which extends westo>rly from the west portal of the San Juan Tunnel.
The Tower is 54 feet high and the base is about 38 feet below the original ground surfa.ce v..t the top of the ridge.
The rock encountered in the excavation of the trench ncross this ridge and at the Control Tower is all Puente shule and sandstone. Description of the'rock, its distribution and the dies of beds across the entire ridge e.r.e shown on J,: • "Vi. D • drawing No. I/ -:J "/31' .
In e;eneral sandstone is found interbedded with shale along the lower third of the northern slo_pe of the ridge and about 110 fe-:3t away from the center of the tov1er along the southern sloy:e, the remaining upp:;r portion of the ridge is composed predominately of silty shales.
The shales a.re silty, thinly bedded and in places a.re considerably fractured but firm. The S(',ndstones are medium hard to hn.rcl, very little fractured, e.nd near the top of the southern slorie are nlmost massive end hi5hly resistant to weathering. Some light blasting was required hare to break through with the trench in these massive beds.
The sandstone and she.le dip st"eeply in general to the south with some exception near the top of the ridge ·where shale beds e,re somev1h3t contorted and dips are flatter •. No faults were found. within the ridge until a di st&.nce of about 720 feet e.way from center of' the tower along the southern slope was reached, ·where the first fault that crosses the trench was encowitered and ·where dips of beds D.re reversed to the north. Farther . to the south aiong t_he slope severe.l :more faults >'1ere crossed until the rock along; tho invert of the trench dise.ppeared under alluvium ne[~r the toe of the southern slope of the ridge. The Y,"hittier Fa.ult crosses the line somevrhere near this toe, but vrn.s not exposed in the excavation and is here covered by alluvi<..un er .. d ancient slide mutedal.
With. the exce:~tion of a few faults crossed by the trench along the southern slope of the ridge, the entire iine here is hid on undisturbed material in placo.
-2~
A continuous concrete cradle with several cut-offs was poured to provide additional stability to the pipe a.long the northern slope where .. the grade is especially steep.·
.At the toY-rer itself, the material along the foundation und in the excavated banks was all silty shales, thinly bedded, :)Onsiderably fractured but firm. These shales havo t.1.mple strength t..) sustain the load imposed . by :the tower and vary little, if any, settlement within the founda.tion should be an~icipated. As a precaution, however, to keep excessive moisture from the foundation which could soften the shale.and induce undesirable settlement, proper drainet;o under tho tower and along; trw perephary of excRvation for the to~er was provided. Upon completion of tho tov;er, the lo·;;er portion of the excaviJ.tion \Vas back filled with i'ree draining mJ.terial and compacted. The upper portion of the excavation was back filled e.nd compe.cted ·with impervlo,2s material to prevent even a small quantity of n:.imvater frorr. percolating to the foundation of tho tower.
The Santiago Le.teral crosses the· Snnta Ane. River near th0 western end of 11Horsoshoe Bend" in tho river canyon. 'l'he pipe in th:!.s crossinrr is ~ • 0
in He cont Alluvitun for about 1200 feet, with a ms.ximu..'7! cover of o.ppr:_~ximately 30 feet. 'l'ha steep northern bank of the river is composed of medium hBrd Puente sD.ndstonc and she.lo covered in the upr.n>r part of the be.nk by Older Allnv:i.u.m of L1dur&.ted snnd snd gre.vel. Tovmrd the river the sendstone and shrcle beds were GY..p::.::iod E'clong the bottom of the trench to Stution. 75+47 end thoy dip nbout ~6 dogr.~es into the bunk. · 'i'he southern bank of the river is gently sloping r.nd 0011sists of rusty colored, silty salld of Older AlluvL<:TI. The Kacent Alluvium in the stren1;i bed is mostly sand and some gravel with cobbles up to 6 inches in dianetc:r. llenr the risht b~u1k, at Ste.tion 75·l·58, ru-1 irrezder body of clayey silt wedges into the river sar1d was encountered. This silt body, about 3 feet thick, crosses the trench in i.J. ~;5°.t:;. dir(::ction and has a clip of about 25 d0grees :.nto the bank. It extends to u height of 8 feet above the subgrade nlong ths east side of the trench and ubout 6 f,3;;;t on the v1est side. At its lov,r,:)r end it cor,:efl into contact with &_n eroded s~i.rface of imr;ervious bedrock that ::;loues under the ri\rcr ail~!vium r1.t an ~-"1glo of ii.bout 3o deg;l'ees. Thus, the s~lrfe.ce of the bedrock ond the silt layer form a. V-shaped trou:sh filled with pervious clean sEmd. The sa.Le irre~;ulc,r body of clayey silt wns found in a. pit excrcvs.ted nee,r the rie;ht bw1k about 25~) f'eet easterly :r'rom the pipeline trench. The pecuUnr pusi ti on of the clf:yey silt E.lJI:arently w::i.s produced by slUJrlping of the anciar:t bank of the river or possibly by faulting • .
During constructim1, when the silt layer ""'a.s removed within the trench, the vm:;er th~~:t appo.rently Ni.S perched b:1 tr.is le.yer, was esce_ping into the river sand on tho other side of the lnyer. The f'low vm.s about 20 gallons per minute.
The Anaheim Union 'fater Company has a. water well located about 900 feet dov,nstrer,m from this portion of tho crossing:. DeT.raterinr; r-long the 1;i1dn part of the crossint~ apparently did not effect the water level in this well, but e.s soon as the flov: of the pe1·ched water was div0rtec. into the pipeline trench; lonering of th•3 water level in the well vrn.s noted. In order to a.void any possible complications in the future in connootion with this well, it was decided to restore the barrier that npparently produced this ·perched water condition, and effective cut-offs were provided across the pipeline trench as well as across the pit uiJstrea:n from tho trench. Observations wells were Geology,
Santa llna River Cr~.~-sing, cont'd •.
also installed unstremn and· dovmstream from the trench to determine that the cut-offs functio~ properly and that the perched water table is restored to its original position.
Dewaterinr; during construction of the crossing vms accomplished by pumping several strategically located deep wells.
For plan 13.nd sections shov1ing detailed geological conditions near the right bank of the river, location of cut-offs, as well as locations of the Anaheim Union Yiat0r Co. well a.nd the observations wells installed by the District, see M. Vi. D. drc.vdng No. _____ •
SJIJ~Tli:.GO LATERAL - SPILLWAY DISCHARGE. --·------·---------·- The spillway discharge pipeline stilling basin is located at the toe of the steeply sloping right barik of the Santa. Ana River a.bout 140 feet do1i1nstream from the Se.ntia.go. Lateral pipeline. Tho entire stilling basin structure 8.nd the spillway from Station 73+90 down the slope is founded on rock. The rock is interbedd0d sandstone a.."'ld shale of Puente formation.
It is very firm and required use of spade with jo.ckhammer in order to exce.vti.te. These beds he.ve a strike N. 12°W. s.nd dip from 30 to 36 degrees west. Sandstone beds are predominant and vary in thickness from 1/2 foot to 4 feet, the shale beds are 3 inches to 2 feet thick. At Station 73+0J, along the subgrade, the bedrock comes into nearly horizontal contnct with Olcier Alluvium that overlies the Puente formation a.11 along this bank.
The Older Alluvium is partially cemented, and oxidized, e.ncient river bed gravel :?..nd some sa..n.d •
. ,
SAHT IAGO TUifr~.BL.
The s~ntiago Tunnel passes in north-south direction through a gently slopin6 lovr saddle that forns s. divide bctne,.:m the headwaters of the Walnut Canyon e.nd the Wair Canyon in the northeE~storly foothills of the Santa Ana Mountains. With north and south portal elevations of 905 and 90;5 feet respective!y, its length is 1112 feet and it has a :maximum cover of about 80 feet.
Most of the tunnel vms excavated in sand.stone. of Topanga formation 1 e.nd only approximately 20·J feet of the tunnel adjacent to the north portal. was excavated in Puente sandstone and shale.
The Topanga z8.ndstone here is predominately massive and medium soft; harder and fre.ctured variety of this sandstone was encountered only close to the south porta.l. .Tovrard tho north portB.l, nc;o.r contact with Puente forma tion, a section of Topango hard shale, about 20 feet thifuk, was crossed by the tunnel. '.l'he contact between the Topango and Puente foi"mations is unconformable, exhibiting intermixed blocks of plaJcy 1 hard shale and sand stone.
The Fuente shales vrhich are interbedded with sandstone neo.r the northern end of the tunnel, are silty to clayey; end sorr.e are diatomaceous. Their strike is in a northeasterly direction and· dip 29 degrees to 50 der;rees to the northvrnst. \'iithin the Topango sandstone the structure is somewhat complex.
Geology.
~nt ia.::;o Tunnel, cont 'd.
Throughout most of the tunnel, a.tti tu de of bedding planes suggests lenticular in shape deposition. Near the south portal where three faults were encountered in the tunnel, this complexity is more intensified. The sandstone beds between the faults have reverse dips and strikes. The fault nearest the portal is perhv.ps minor; it has only 3 inches of crushed sandstone and clay gouge along it. But two other faults farther in a>vay from the portal are quite prominent. One of these is 8 feet wide and is located between Stations 227-1·[)2 and 227+60. It strikes N. 55ot; end di us 53 der;roes into a northwesterly direction. It consists of slickensided bluish gray clay goug;e. The other fe.ult is ~~ feet wide and is located between Stations 226+93 and 226+96, It strikes N. 80°E. and dips 26 degrees into a southerly direction. It consists of blue-gray clo.y gouc;e. -Two other faults were crosses in the tun~1el, not too far from the north portal.
One of these is located at Station 218+74. It strikes N. 560ri. e.nd dips 540 into a northeasterly direction. This fault Gonsists of one to two feet of crushed and slickc:msided black ce.rboniferous shale. The othor f::ml t nee~rest the north portal is located b-:kween Stations 21 7+08 and 217"r05 and consists of 3 feet of highly contorted, slickonsided shale. It strikes N. 700Yi. e.nd dips 69 degrees into a westerly direction.
During excavD.tion of the tunnel none of the faults prei;;ented any particuls.r problem and none caused excessive overbree.k. Light steel supports w0re used for shoring throughout the tunnel but in no place we.s the ground heavy and the support did not take any e.ppreciable load.
Ground we.ter was encountered whiJe in the 'l'opango sandstone. The maximum total flow never exceeded 18 g. p .l?i. but the flow was i:ersfstent. and several months after. completion of lining the tunnel, a steady flow of 11 g~p.m. still continues through the specially provided for this purpose drains e.nd a pipe to take this 1rnter outside the tunnel. ·Tho tunnel Yms driven from the south portal and the first trace of water v;as encoun.tered . when the tuzmel vms less tha...11. 30 ·feet in. At a distance of about 87 feet from the portal when the last fault mentioned above in this end of the tunnel was penetrai;ed, the flow incrensod to 10 g.p.m., the h~rgest flov; of water encountered in any .one plnce in the tunnel. The fault, comprised of 3 feet of clay gouge, acts as a drun. Bf:yond the fault the sandstone is mostly massive, mediw:i. soft and poorly c3imrntod, and the -.::a'cer V!as seepinz p..nd oozL1g here and there while the tunnel was excavated in this sandstone. Upon rc:1aching; the fa.c.11 t and the shale beds nee.r the northern limit of the formation, the tunnel became dry v.nd remained dry to the north portal of the tunnel. The poorly ·cenented Si:L"ldstone ap;:;aYently absorbs the we.ter in its pores like a sponge and releases it gradue.lly to the ground surface in the form of springs at places whsre this type of sandstone is crossed by a f&.ult or any open fracture, Several of these springs El.re found in the vicinity of tho tmmel.
For geological ~etails D. drav:ing No. B-106£//-4-
-5 ...
Station
988+54 to 1025+70
1025+70 to l025r90
1025+90 to 1026+21
1026+21 to 1028+07
1028+07 to 1031+52
SCR.l;;DULE 75 P
TABLE I
ROCK 'i'YPE
'l'ype
Unrecorded. The pipe line follows bottom of a dro.w
entrenched in thinly bedded sandstone and shale.
These bods have e. strike approximately pare.llel to
th~~ alignment of the draw and dip a.bout 30° northerly.
SHALE, soft thinly bedded.
SANDS'I'ONE, hard, beds tno to three feet thick with
thin shaly partings between.
S.Ai:JDSTONE o.nd SH1:,_LE, hard to medium soft, thinly bedded.
SHALE1 medium soft to medium hard, thinly bedded, in
places contc 1 i·ted 1 and considerably fractured.
Occnsional thin bed of sand.stone.
Stntion
988+54 to
1025+70
Strike
Unrecorded
SCHEDULE 75 P
TABLE II
STRIKES AND DIPS OF BEDS
True Dip
1025+70 .Approximate point where shale debris a.long bottom of tho canyon end at the subgrade and the bedrock begins o ·
1026+21 No740 1,v., 46os., 45°s.
1026+82 Ne7oow. 59°Se 58°So
1027+95 No85°E. goo 90°
1028?15 u 0 400-~J. 29o3 .YJ. 28°S oWo
1028+35 N.12ow. 2oos oYfo 14°S oWo
N .. 12owo 47os .w. 3505 oil.
1029+44 n .34owo 9os.w. sos ."V'i o
CONTROL TOWE..Tt
- -
15 1 So 550E from
center of tower H o45°W.
25' s. 25°E.frol!l
center of tower N .,4oow. 41°S.Wo
Station ---
O+QO to 1+10
l+lo to 2+06
2+06 to 3+68.
.. 3+68 to 4+10
4+10 to 7+20
7+20 to 8+10
8+10 to s.:.so
8+80 to 10+50
10.+50 to 11+30
11+30 to 11+83
11+83 to 12+28
12+ 28 to lS+OO
18+00 to 22+00
22-1-00 to 24+00
24+00 to 30+00
30+00 to 75+47
75.-.-47 to 75+68 . - - , . -·.
75468 to lll·:-50
94+00 to 108+50
SCHEDULE 90 P
TABLE I
ROCK TYPE
Type
SHALE, medium hard, thinly bedded, silty, to cluyey,
d.o.rk gray, occasional thin bed of sandstone.
S.ANDSTONE and SHALE, hard.
SANDSTONE, mediu..111 hard, almost mEtssi ve, clay pa.rtine;s along bedding planes.
SHALE, softs thinly bedded, contorted •
SA..\iDSTONE, soft to medium· hard interbedded with thin layers of siltstone, all fractured.
SANDSTONE 0.nd SHALE, soft, distorted, and crushed.
SHALE, mad:i.um hard, thinly bedded.
SfL~LE, soft, clay~y to silty, crushed.
S.ANDSTONE, brecciated, variegated, gypsiferous.
SLIDE MATERIAL, fragments of sandstone and shalee
S.AfmSTOHE, m0ditL'n soft.
SLIDE MATERI4L, fra&T.lents of shale in silty to clayey mud.
Sn.ALE, soft, thinly bedded, intensively contorted.
SLIDE MATERIAL,· fre.gmsnts of shale in silty to clayey mud.
SH.ALE, medium he.rd, thinly bedded.
SANDSTONE end SHALE, predominately sandstone, medium hardo OLDER .ALLUVIU15, packed silt nnd clayey silt6
RECfu'lT ALLUVl(fffi, mostly medium grained se.nd. Some gravel to a depth of approximately 15 feet from surface of the river beds maximum size of pebbles 3 incheso
OLD:.m .ALLUVIUM, mainly sand and layers of sruid and ~rr,vel to Station l04·i-8:J. Sand and silt to Station 98+55 (there is an equasion Sta.SO+OO AL
·sta.ro9~68 .12 BK
Then sandy ola.yey soil to Station l00->55, rusty send and fine e;ravel to Station 104-t68, tpon clayey silt, dark grayish brown to rusty brovm with fragments of ha.rd shale _,to Station 107+70, then uncient stream cha..'11101 deposit of sand, gravel, and boulders up to 2 feet in size to
Station 108+50
SCHEDULE 90 P,
Station
108~50 to 109->-30
.... - -
109+30 to 111+00
111 +oo to 112+90
T.ABL.H; I, ROCK TYl-'E P ..!12 age 1f •
..
Type ---·---------
SHll.LE, medium soft, dark g:ra.y, silty, closely fractured.
CONGLOMERATE, rusty, sand, gravel and boulders,
partially cemented •.
RECENT ALLUVIu'M, light tan, fino to coarse sa.nd and
gravel •
Notei Records between Station 12+28 imd Station 75~4 7 are no"c complete. '.l'he trench vra.s already partially backfilled at the time observations we re made •
SCREDULE 90 r-
--·--
TABLE II
STRIKES AND DI.PS OF BEDS - -
Station strike
---- True Dip Apparen~ Dip
1+10 N .450-~1. 26° s.w. 21° s .-w.
2+06 N.ss0w. 39° s .w. 38° s.w.
. 3"1'68 N o5l °'iVo 38° S cV: • 38°s.w.
4+10 .i;;.-w. 21° So 16° s •
5+47 N.480Wo 200 s .w. 160 s.w.
G+86 N.75°E. 28° So 28P s.
7+72 ll o 65CVY. 22° U.E. 21 o N .E.
8+07 N. 520Eo 29o N .w. 23° N oW•
!3+80 N.480'No 44° N .E. 38ou.E.
•
9<}60 N .30E., 44o E. 30 Eo
27+75 . Mo740E~ 480 N.YI. 4GONoWo
74+70 N.220E. 26° S.E. ao S .E.
lOS+90 . N.50°E, 40° S .E. 31° s. E ..
Sta.ti on
7+20
10?50
11+30
Notei
·scH~DULE 90 p
·-------
TABLE III
:F'AULTS AND ClWSHBD ZONES
Fault, N .,g20Eo D-68°H o ( 67°N o) 1/8 11 ole.y gouge, . sliclconsidcs, stX'ine are nearly verticalo
Northerly wall of faulted and brecciated zone,
Uo'75oE .. D~l70NoWo (160N.w.) Within the zone a.re
irregular blocks of soft gypsife:rous sands,cone of
various colors. light and dark gray., pink" yollow
o.nd bro1·m.
Southerly wall of. breccinted zone, N ~ 74,0-'if. D-sooN. ( 500~J.)
Vihitti.or fault is located apparently be·tween Sto.tion 12+28 and Ste.tion 18-i>OO y;h<;rc tho pipe line crosses the i'l·rnlt while in slide ma.tori al u.nd tho fault. was no"l-; exposed. Fror1 topogrnphic features hero, the alir;nmcnt of the fault is approximately N o65oi"-!.
S·be:tion
112?90 to 144+10
144+10 to 148+45
148+45 to 14,8+84
l·rn+s4 to 150+05
150+05 to 152+-30
152"i·30 to 158+25
1513-l· ;;5 to 158+35
158+35 to 158-'.-75
153+75 to 159+45
,
159745 to 161+40
161+40 to 161+55
l6l+E5 to 164+1..0
164·~10 to 165+35
-
165+35 to 189731
189+31 to 192-1·75.
192+75 to 195+91
195+91 to 197+-45
19'7+45 ~o 203+74
203+74 to 204+00
TABLE I
SCHEDULE 91 P .... ~·-···..,.._.._ ------
ROCK TYPE
!:t:E.~~~~~~~~~~~~~--~~~~~~-
Unrecorded; tho trench was backfilled before observe. ... , tion ,.,:v.s ms.de., . Approximate distribution of' material is as followss 112+90 to 116·1-QQ - reoent a.lluviu.'11 116+o0 to l·H+lO - thinly la.'ninated shale ..
I
SHAL}}, softs thinly laminated, eiltyo
SHALE an.d some se.ndstonoo
SJ.NDSTOllcs, soft, medium grained, buff, occasional thin layers of pla-cy shale~
SHALE and St.NDSTONE, gray sandstone and platy shale.
SHALE, medium soft, gray, silty, platy, oooe.sional bed of sandstone.
OLDGR ALLUVll.>1;1,, ancient channel,. silty sand, fragments of shale and sandstone.
SANDSTONE, massive, br0Ym 11 in plaoes hard.,
REC.:SNT ALLUVIUM,. silty sand.11 mostly black soil.
SJclrDSTOiiE, medium softp coarse grainod, massive.
fi..ECI>NT ALLUVIUM, black sandy soil.
.
Si'.l'IDS~ONE, mediUJn <soft, massive.
- -
SAi-lDSTONE, medium sofii to hard, ma.ssivea Between
183~49 and 181+23 the sa.ndstone is along th0
subgre.de only,the rest of the exce.vated material
is older sandy alluvituu.,
OLDER ALLUVIU~, well packed sande
SAN:CSTONE, raedhu_n so~, massive.
OLDl'iR ALLUV11JM8 well paoked sand.,
OLDER ALLUVlu.!11, well pe.cked sande ·
SClil!;DULE 91 p
Station
204+00 to 212.+70
212+70 to 213+00
213+00 to 214+20
214+20 to 214+60
214?60 to 216+60
216+60 to 227+80
227+80 to 230+50
230+50 to 238+35
238+35 ·to 238+80
238+80 -Go 239+35
239+35 to 240·>35
240+35 to 270+46
270-1-45 to 273+30
273+30 to 276+90
2'7G+SO to 277+40
27'/+40 to 279+76
2 79+ '76 to 2f32-!·l0
282+10 to 285+5.J
285+50 to 286+70
286+70 to 290+84
290+84 to 308+2()
308+20 to 317.+90
317+90 to319+70
319+70 to 325+40
325+40 to 326+80
Rock Type Page #2
TYPE
SA1WSTONE,, medium soft$ massivee
RECENT .ALLUVIUM" silty sand.
SANDSTONE and SHALE, soft •.
SHALE, silty, soft, crushed. Slight seepage of
water along the invert e.t Station 214+50.
SAlJDSTONB and SHALE, sof-G to medimn ha.rd.
See Se.ntiago Tunnel records.
SAt.JDSTONE, medium soft$ tan, occasional layers·
of siltstone.
SANDSTONE, massive, gray, oooasional cobbles.
Water seeps between Stations 231 +oo ,end 231 +25.
l1i~C.GNT ALLUVlD11I, silty sand.
SAHDSTOl:lE, massi vo, gray.
SANDSTONE, medium· soft, thinly bedded clayey and
silty sandstone.
Unrecorded; the trench vras ba.ckfilled 'prior to time
obnervs.tion vms made.
OONGLOlC~F..ATE~ medium soft, light brovm.
SANDSTONE nnd CCNGLOM.LHATE, medium soft, interbcdded • SANDSTOIIE, soft, rusty yellow.
SPl<lDSTONE end SHALE, me.roon to yellow, soft.
SANDSTO~rn and COlIGLOMBHATE, soft, light ta..'1.
SANDSTOliE, medium soft, alnost nassive, occasional
thin bods of maroon shaly sandstone,.
OLDfil1 ALLUVIUH, ancient stream chaunel, sand and gravel.
S:Ai"ilDSTOHE and COHGLOHBRATE.
S./l.J:4DSTClNE, almost massive, soft.
SF ... ALE and SANDSTONE, medium soft to soft.
OLD.l;;R ALLUVIUi.i, .well packed bro>m sand.
SH.ALB, medium soft, se.ndy. Betv;een 323+71 &i.'1d :325+40 shale along invert, conglomerate above.
SANDSTOl'iE, medium soft, yellovr •. _
SCilEDULE
Station
326+80 to
- 327+75 to
. 331+50 to
337+35 to
.. 343+00 to
346+00 to
348+00 to
348•1-52 to
351+50 to
352+48 to
-· - . 353+43 to
353+90 ·to
354+45 to
355+66 to
357+15 to
364f 57 to
_377+50 to
- 384+60 to
. 385+30 to
~~86+80 to
387+80 to
·- 395+00 to
396+25 to
91 p
327+75
334+50
337+35
343-1-00
346+00
348-!<)0
348+52
351+[)0
352+48
353+4G
353+90
354+45
355+66
357+15
364+57
377+f,0
384+60
385+30
38G+80
387+80
395-i·OO
396+25
401+80
Rock_ 'ry!~ Page #3
!..¥.~---------------------------
SJllWSTONE, SHALE and CONGL01;ERATE, medium soft.
SANDSTOilE: and SHALE, soft.
SANDSTONE, medium soft, rusty gray, some shale.
SAWDSTONE, medium soft to medium hard, almost massive.
SANDSTONE and S11.AJ~B, soft •
SAlWSTONE, medium hard, coe.rse.
OLDi'.:R ALLUVIUM, silty sand, light brown.
S.ANTSTCNE, me di mn hard ·to hard, shale partings.
SHALE, medium. h:-,.rd, ciayoy, thinly bedded.
. SANDSTvrE, hard, massive, gre.y.
SAflDSTO:·rn, soft, massive.
OLD!::R ALLUVIUM, silty send, dark gray broT:n.
Sl.LALE, medium soft, thinly bedded, fractured.
SA.NDSTOH)'.;, medium hP.rd, gray, massive, o cct:.sione.l inclusions of very hard.; blue grB.y sandstone.
SA~rDSTONE . and SIIALE, me di um, 5oft, thinly bedded, closely fractured, at places crushed.
OLLLR ALLUVIU11., silty :-:.and, brovm. Slight water
seepage along invert, Sta .• 351_+90 to 368+10.
SILTSTOiiE, medium he.rd., platy.
OLDc:R l1LLUVIUE, well packed. silty sand, reddish brown.
SILT3T0NE, medium hard, platy.
OLDER iiLLUVTJ.M, partially c 3mented sand, gravel and boulders.
SILTSTONE, pla.ty, medium ha.rd.
Ol.DER ALLTNIU!.{, partie.1 ly cemented sand and gravel.
SILTSTONE, platy, medium ho.rd-. Slight seepage
along invert, Station~Ol+40 to Stution101+60.
scH.:;;DULB 91 p
. Station
401+80 to 405+50
405+50 to 410+50
410+50 to ·113+20
413-1·20 to 414+15
414:+15 to 414+90
414+90 to 418+49
418+49 to 425?90
425+90 to 428+35
428+35 to 430"'rl0
430+10 to 43lt-45
431+45 to 444+65
-
·444+55 to 450+55
450+55 to 451-1-46
Rock Type
Ty12_e __ ·---------------------
OLDER ALLUVIUM, partially cemented sand and· gravel.
·Slight seepage along invert nt Sta. 403+81
RECENT ALLUVIUM, silty sand, brovm.ish gray, occasional stree.ks of fine gravelo
S ILl'STOi~E, medium hard, fractured.
COilGLOM:DRATE, medium he.rd to hard, bluish gray to rustyo OLDr.~H ALLUV1U1VI, grayish brown silty sand.
CO~iGI.mE;;HATE; hard to medium hard, numerous shear
ple~1es and fractures.
OLDER ALLU\lluH, partially cemented conglomerate for
about 3 1 above invert, then well packed silty simd, all gre.yish brovm in color. ,
co;.mLmlBBATE, medium hard, brovmish gray.
SJJ:H~STOHE AriD CONGLOHC:Rl\.TE, modiw:i hard to hard.
I
SJ\lJDSTOWE, conglomeri tic, crushed, fuul tod and altered, nwncrous gouge seems o
REC.8.N.T ALLUVIUJ:vl, se.nd and gravel, silt riear ground surface to Sttt.438+25. then sand e.nd silty sando Three we.tor sp1·ings between Stations 435+00 nnd 436+00 near invert along the easterly bank, flow approximately 3 g.p.m. ee.ch.
OLDim ALLuV1UkI, rusty, partially cementGd gra:vel with occasional large boulders of saridstone to Sta. 449+45
then well packed sand.
SJ..I:ff;S'.J.'Ol'lE, massive, mecli'!.Iil hard, tan in color.
TABLE II ---
SCHEDULE 91 p
-- -------
STRIKES AND DIPS OF BEDS .
Station Strike True Di_p~ -----
144-1-36 U,,62 9Wo 16°ll.E.
150+05 N • 55°\'i. 21 OS o~·; •
153+70 N olO°l:Vo lO°I'l. E.
157+35 Ne75°E. l 2°H .Yi.
157+80 N o50°Yfo 32°N .E.
163+56 N .88°\'i. lo0 s.w.
164+40 M.64°W. l 7°S .W o
165+35 N. 25°1-:1. 12°Ii.E.
167+101. N.71°i'lo 21°N .E.
j.69+00 N .60°vl. 20°N .E.
189+:25 . N .70°w. 31 °s .Vi•
199+11 N.G5°w. 60$ .v-;.
208+55 E-W 1°s.
212+10 N .72°E. 8°N .V~.
214+50 Ho70°E. 4o0 n .w.
--- - -- . 214+70 N .70°E. D. o0
216+28 N.65°E. D.1s 0n.
239+35 U .85oE. 21°N.
270+46 E-t~: 20°N.
' 273+20 N. 75°E.· l6°N.
275+94 N.73°ri. 35dii.
277+40 n. ss01a. 39on.E.
279+76 N.so0 E. 28°N.
280+20 1'!.75°E. 230N.W.
282+10 u .ss 0 w. 230-i:r. E.
309+25 n.12°Wo· 700tJ.E.
313+90 E-YJ 24°N.
323+71 J:I. 40°'N. 70N .E.
'330+00 NolO°'ii. 90°
3311+50 N. 5°E. 38°W.
336+90 N • sol:. 320\\.
337+35 No 2o0 E. 26°n.w.
339+00 1J .20°E. 47°N.Yi.
343+50 :u. 50°E. 40°N .Vi.
345+20 N.58°E. 45°n.w.
346+75 N .45oE. 41°N .W.
349+80 M • 25°E. 32°N. ~'f.
351 +C-O Ne 20°E. 320N .W.
353+46 N .14°'•'i. 32°E.
353+65 Ncl5°E. l 7°w.
355+66 M.15°E. 3801.v.
35'1+50 N.250E. 36°'1Y.
359+10 N .12°E. 25°!-I .W.
390+50 N. 22°w. 29°.N .E~
412+00 N. 25°~;;. 660'iiio
415+75 N.36°E. 15,;I'l .Vi.
Station
148+45
148+84
158+25
176+90
272+91
273+30
274+90
. ,
307+00
308+20
337+35
353+16
355+66
357+15
368+55
384+60
412+45 to
413+20
413+20
415+94
4ld+05
425+90
428+35
430+10
TABLE III
SCHEDULE 91 P
FAULTS, CONTACTS, FRACTUHED AUD CHUSHED ZONES
E_::sc~~-ion.
Fault, N.44oVI. D.48°N. 3' of crushed sendst0ne end shale.
Contact bet·ween she.le and sandstone, irregular, apparent unconformity. It dips 200N. near bottom of the tronch,
then is nearly vertical to the ground surface.
Contact, irregular, apparent unconfornity. It has a
strike N.34°W. and irregular dip southwesterly.
Fault zone, N.55°:;;;. D.71°N.W., 15 1 wide, consists of sevsral shear plf...nes coated with clay gougeo
Fault, N .400E. Do 77°W. 1/8" gouge, conglom0>rate to the north and sandstone to the south.
Fault, No60°E. Do65°N.W., . 2' of dark red gouge, slickensides.
Fault, or unconformity, u.sGov;. Do420SoW~. conglomernte to the south •
Fa.ult plane, about 3~,w. of centerline, N.6oE. D.560.i;;, warped.
Contact, N.?2 01No D,300N.
Contact, N.200Eo D.260.N.Wo
Conte.ct fault, N.14ow. D.32°B., 1 11 gouge.
Contact, N.15°E., D.3s0 w.
Contact fault, N ol60W. D. 66oE., trace of gouge.
Conte.ct, N ~ 700<N. D ~goo · ·
Shear zone, N.22°E. D.,720-N.1 numerous shear planes in silt . stone, slight seepage of water n,:~ar invert •
. Fault, N.27°E. Do87°W. 6" of crushed siltstone and conglomera.te.
Fault, N .s0 E. D. 740.E. 6,1 of crushed conglomere,te.
F?-ult, N o480Eo D. 64°W., slight seepage along; invert.
Fault, n .4°E. Do3l 0 £~ .E9 I 3" of crushed siltstone, moist. ..
Sts.tions
216+68 to 217+08
21 7+08 to 218+04
218•04 to 21s+43
218+43 to 218+71
218+74 to 22G+32
226+98 to 227+08
227+08 to 227+52
227+52 to 227+80
SANTIAGO TUNNEL
ROCK 'l'YPE
TABLE 1
Type
SANDSTONE and SHALE,, thinly bedded, slightly contorted.
SHALE, some diatomaceous, some clayey~ occasional thin
bod of sandstone.
SANDSTONE, massive, medium hard.
SH.ALE, thinly bedded, platy.
SANDSTONE, massive, medium soft.
S.A.t'l"DSTONB, hard, fractured.
SAi.'JDSTO!~E, medium soft.
SANDSTONE, massive, medium ha.rd.
SANDSTONE, medium soft, fractured,
.,
SANTIAGO TUNNEL
l
TABLE II
STRIKES AND DlPS OF BEDS
Statlon Strike True D~ Apparent Dip ---
216+68 N. 29°E. 38° N.W., 29° UolN•
217+75 N. 30°E. 50° NoWo 42° NoW.
218+89 No62°W. 54o N • .E:a 44°N.E.
223+40 N. 2oowo 25° ScWo 20 s .w.
' 226-l-32 - . N.ls 0Wo 30° w. 10 w.
227+08 Mo45°W. 30° SoWo 150 s.w.
228+60 No80°Eo 140 lf .. 14° N.
' .-
I ,.
St(ltions
217+08
218-1'04
218+43
227+60
Slil~T IAGO TUNNEL
TABLE III
FAULTS, ·co.NT ACTS I FliACTUHED and ClWSHED ZONES
Faults No7° w. D-690 Wo* (24° W.**), highly contorted
slick she.le, 3' thick.
Contact irregular (unconformity), intermixed blocks of
platy hard shale e.nd sandstone.
Contact, N 058° \V •. D-22° U .E. (150N .Eo)
Fault, N.56° Wo D-54° N.E. (42° N.E.)
Crushed carboniferous shale and some clay gouge 11 to
2' thick.
Fault.,. No80° E •
. gray gouge.
D-26° S. (250 s.) 31 of bluish
Fault, N.- 550 E., D-53° N.W. (520 n.w.) 8' of bluish
gray gouge, slickensided~
Ftrnlt, N. 550 Em D-860 N.1','o (85° N.W.) 3" of crushed sand:otone ·and shnle. Dovm.thrust to southeast.
* D-690 U.Yi. -- '.i.'rue dip.
** 24° W. -- Appo.rent dip.
{(
It,_
'. ~ ' -
,~~~~~~~~~~~~~--:,~I~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~~~~~~~~~~~---~-- , ...
•ac
$01/TH PORTAL
51~.!,?7 :;:r~.
r~.:-0-c:orcrc'i!J e-.-cd/a
r----. ... nc~k Jrta-,~-f
(-'ee d-r D-116$4}
P.:..•1ntOr=rl. ~nal hnlnff.
R' '~'~r-'..,.,.,. - .-:;;~~· ,• "?;/
.·~ C/f7S' ~'"°' ~ .._.q;_.c.,,..,.-v"
,-nc~n->eVN'(_,,,.. aw9. 8·11654}
F~.!'-/.' = .,._ 7""
I'·_,;. . .,= i"
r r ... .-... '~
,-.. ,..,
PAULA
I I
• •
---------- --- --
•" :PERALTA
~ ~006 GO AC
---- __.____ - - -~ -~--
SANTIAGO TUNNEL
Ap~.1rr~n-- ~,,,,, :);, ·~..,
n-r r}' Jt'!!l/,1 ., <: ~r-,~:;>/ > (,. .,.., ~ ... - 1 .--,...--
/~,~r_y ~/W
1001 -4-~
--·- -- -----~ ...... ----
Abile PLAN
' \ Tr-.!J .Shown oh//~
'°""'¥' 0.... r~ mo Yee:/ """
the Con/r&cilor
~--- ~ ~ ;1·· .. ·-.
-
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--
--- - ---------
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