Red Bank Oaks Property Owners’ Association
Declaration of Covenants, Conditions, and Restrictions
THIS DECLARATION is made by the undersigned (hereinafter collectively referred to as Declarant) as record owner of Clover Creek Ranch in the County of Tehama, State of California, which is more particularly described in Exhibit A attached hereto and made a part hereof (the Properties) for the purpose of creating Common Road Easements and to establish a Property Owners Association, a particular function of which shall be to provide for social and recreational needs of the members, and to build, maintain and operate in a non-profit manner, suitable facilities toward that end (Amended 10 Dec 75, book 678, page 123) and that will maintain the private roads and perform other duties that will protect the privacy and primitive nature of the properties, control the pollution of air and water on the properties and otherwise preserve and enhance the value and desirability of the properties, and in such regards, Declarant hereby declares that all of the Properties shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the Properties or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.
1. The term Association, as used herein, shall
mean and refer to the
2. The term Owner, as used herein, shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any part of the Properties, or a buyer under a contract of sale, but excluding those having such interest merely as security for the performance of an obligation.
3. The term the Properties, as used herein, shall mean and refer to any parcel, lot or other portion of the Clover Creek Ranch and such contiguous additions thereto as may hereafter be brought within the jurisdiction of the Association.
4. The term Covenants, as used herein, shall refer collectively to the covenants, conditions, restrictions, reservations, easements, liens and charges imposed by or expressed in this Declaration.
5. The term Common Road Easements, as used herein, shall mean sixty (60) foot easements and rights of way across portions of the Properties, the center lines of which are described in Exhibit B, attached hereto and by this reference made a part hereof.
COMMON ROAD EASEMENTS
There is hereby created and established, easements over the Properties in the form of sixty (60) foot rights of way, the center lines of which are described in Exhibit B attached hereto. The easements shall be for the purpose of ingress and egress and the installation, maintenance, and repair of roadways and utilities. The easements shall be solely for the benefit of all present and future owners of all or any portion of the Properties, including holders of security interests. The easements shall be mutual, reciprocal, and interdependent between all of the present and future owners of all or a portion of the Properties.
The easements created are for the benefit of the owners and this Declaration is not intended to constitute a declaration or offer for public use, but rather is intended for the private use of the owners described herein. The easements created shall inure to the benefit of all and shall be binding upon the successors in title to any or all of the Properties and the easements created herein shall be appurtenant to all or any portion of the property described herein.
1. All powers relating to management, operation and maintenance of the Common Roads Easements, as well as certain rights, duties and powers relating to the remainder of the Properties, shall be vested in the Association. The Association may, from time to time, adopt rules and regulations concerning the Properties in conformance with the general purposes for the establishment of these Covenants.
2. Every person who acquires title, legal or
equitable, to any of the Properties shall become a member of the Association;
provided, however that such membership is not intended to apply to those persons
who hold an interest in any such lot merely as security for the performance of
3. The Association may employ or engage a manager and other employees or agents and contract for such services, labor, and materials as it may deem reasonably necessary to operate and maintain the Common Road Easements and other areas which the Association may acquire and to discharge its other duties as herein provided.
4. The Association shall be responsible for the maintenance, repair, and upkeep of the Common Road Easements located within the Properties. The Association shall also be the means for the promulgation and enforcement of all regulations necessary to the governing of the use and enjoyment of such Common Road Easements and such other properties within the Properties as it may from time to time own. The Association shall maintain adequate liability insurance on all of the Common Road Easements as may be necessary to protect the interests of the owners.
5. The declarant and each subsequent owner of
any parcel of the Properties by acceptance of a deed or contract thereof,
whether or not it shall be so expressed in such deed or contract, is deemed to
covenant and agree to pay to the Association such annual assessments or charges
(hereinafter called the maintenance fund payments) and such special assessments
for capital improvements, such assessments to be established and collected as
provided in the By-Laws of the Association, except that all assessments shall be
prorated among the owners in the same manner that votes are allocated (per
Article II 2).
6. Electrical service is to be extended to all parcels in the Red Bank Oaks Subdivision. Two-thirds (2/3) of the Cattle Grazing Rental Money will be used for this purpose. This money may not be spent for any other purpose until electricity has been made available to all parcels. The remaining funds may be used as determined by the Board of Directors. This amendment is to become effective January 1, 1982. (Amended 26 Apr 82, book 893, page 558)
The provisions of this Declaration may be amended from time to time upon a majority vote of the owners entitled to vote.
ACTIVITIES OF THE ASSOCIATION
1. The Association shall be formed and shall exist only for the convenience of the owners to assist with the maintenance of the Properties, provide for social and recreational needs of the members, and to build, maintain and operate in a non-profit manner, suitable facilities toward that end (Amended 10 Dec 75, book 678, page 123), and to carry out the general purposes of the owners. The Association shall not engage in any business or profit-making activities, but shall exist only as an arrangement for the protection of the property interests of the members.
2. The sole income of the Association shall be derived from assessments received from individual members, and to the extent there exists a surplus in the maintenance fund at the end of each calendar year, the surplus shall be returned to the individual members on a pro rata basis. The Association shall not:
3. The Association may do any and all other acts and things that a nonprofit Association is empowered to do, which may be necessary, convenient, or desirable in the administration of its affairs for the specific and primary purposes and meet its duties as herein set forth. Nothing herein contained shall be constructed to give the Association authority to conduct a business for profit on behalf of all of the owners or any of them, or at all.
4. The Association shall be governed by a
5. The Directors shall meet at least semi-annually at such places and times as the Board elects. A quorum at any such meeting shall require a majority of Directors. On all matters requiring a vote by the Directors, a majority vote of the Directors present at the meeting shall control. Written notice of all meetings of the Directors shall be given each Director at least five (5) days in advance, provided, however, any Director may waive the necessity of notice. Meetings and voting will be done in accordance with the Bylaws as set forth from time to time. (Amended 10 Dec 75, book 678, page 124)
6. All matters requiring an Association vote shall be determined by a majority vote of those present or represented by proxy. Such vote may either be in writing or by a majority of those present at any meeting of the Association called by the Board of Directors or any owner upon at least fifteen (15) days prior written notice to all owners who have registered their addresses with the Association. A majority of the owners must be present or represented by proxy to constitute a quorum.
Should any of the covenants contained in this Declaration be void or become unenforceable in law or in equity, the remaining portions of this Declaration shall nevertheless be and remain in full force and effect.
Additional land or common area may be annexed to the Properties with the consent of a majority vote of the owners entitled to vote.
IN WITNESS WHEREOF, this instrument is executed this _______ day of ________________________, 1971.
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
On _____________________________, 1971, before me, the undersigned, a Notary Public in and for said State, personally appeared
Known to me to be the person(s) whos name(s) are subscribed to the within instrument and acknowledged that they executed the same.
WITNESS my hand and official seal.
Notary Public in and for said
County and State
The following described real property in the County of Tehama, State of California:
All of Sections 3, 9, and 10, and all those portions of Sections 15, 16, and 21, lying North of the center of Red Bank Creek, all being in Township 26 North, Range 6 West, Mount Diablo Base and Meridian, according to the official plat thereof.
RESERVING therefrom an undivided forty-five percent (45%) interest in all oil, gas, hydrocarbon and mineral rights; except that grantor shall have no right to enter upon any portion of such property to explore, develop, extract, store or otherwise exploit such rights without the prior written consent of grantee or grantee's successors in the interest as to all or any portion of the described property. Grantor's rights to such minerals shall be subject to the right of the grantee and grantee's successors in interest to develop the property for recreational and residential uses and enjoy or convey full rights of occupancy to the described property for purposes other than mining. Grantor shall receive forty-five percent (45%) of all royalties resulting from any mining activities undertaken by or on behalf of grantee or grantee's successors in interest.
Refer to Official Records, Tehama County, California Book 563, page 634.
Copyright © 2008
Red Bank Oaks Property Owners' Association