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.
ARTICLE I
DEFINITIONS
1. The term Association, as used herein, shall
mean and refer to the Clover Creek Ranch
Association Ridgecreek Property
Owners' Association (Amended 10 Dec 75,
book 678, page 123) Red Bank Oaks Property Owners'
Association (Amended 26 Apr 82, book 893, page 558),
a nonprofit association, and its successors and assigns.
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.
ARTICLE II
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.
ARTICLE III
MANAGEMENT
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
an obligation. Each person who becomes a member of
the Association shall pay an initial transfer and initiation fee of $100 for
each separate parcel of the Properties acquired by that person.
(Amended 10 Dec 75, book 678, page 123) Owners
shall be entitled to one vote for each acre
parcel (Amended 10 Jun 02,
book 2259, page 263) of the Properties in which they hold an interest so
long as such owner is not then delinquent in the payment of any dues or other
assessment by the Association. When more than one person holds such interest in
any acre
parcel (Amended 10 Jun 02, book 2259, page 263),
all such persons shall be members of the Association. The vote for such
acre parcel
(Amended 10 Jun 02, book 2259, page 263) shall be
exercised as they among themselves determine, but in no event shall more than
one vote be cast with respect to any one acre
parcel (Amended 10 Jun 02,
book 2259, page 263) of the Properties.
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). As an initial maintenance fund
payment, each owner covenants and agrees to pay $1.00 per year per acre of the
Properties owned. In years when winter
cattle grazing is in effect, members may either allow their land to be used by
the POA for winter cattle grazing by leasing it to cattlemen for as much as
possible with the rents to be retained by the POA, or, in lieu thereof, owners
will pay POA dues equal to the amount POA would have received if POA had so
leased their land. If an owner does not wish to lease a certain portion of his
land to the POA for winter cattle grazing, he may fence that portion and pay
dues only on the portion not leased to the POA. Provided, however, an owner may
not construct fencing within thirty (30) feet from the boundaries without
consent of the Board of Directors, except that an owner may construct fencing
that meets and joins with existing perimeter fencing of the outer boundaries
that has previously been approved by the Board of Directors.
(Amended 10 Dec 75, book 678, page 123, 124)
Payments shall be due on the tenth day of December of each year.
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)
ARTICLE IV
LIENS
1. In the event any
maintenance fund payment or assessment shall be unpaid and not otherwise
satisfied ten (10) days after the same becomes due and payable, the same shall
be and become delinquent, and shall remain delinquent until the amount of such
payment, together with all costs, penalties, and interest as herein provided,
shall be fully paid or otherwise satisfied.
2. At any time after any
maintenance fund payment or assessment affecting any parcel of the Properties
has become delinquent, the Association may file for record in the Office of the
Tehama County Recorder, a notice of delinquency as to such parcel, which notice
shall state all amounts which have become delinquent with respect to such parcel
of the Properties and the costs (including attorney's fees), penalties and
interest which have accrued thereon, the amount of any maintenance fund payments
or assessments relating to such parcel which is due and payable, although not
delinquent, a description of the parcel in respect to which the delinquent
payment or assessment is owed, and the name of the record or reputed record
owner of such parcel. Such notice shall be signed by the Board of Directors. In
the event the delinquent payment or assessment and all other maintenance fund
payments and/or assessments which have become due and payable with respect to
the same parcel, together with all costs (including attorneys' fees), penalties
and interest which have accrued on such amounts, are fully paid or otherwise
satisfied prior to the completion of any sale held to foreclose the lien
provided for in this Article, the Association shall record a further notice,
similarly signed, stating the satisfaction and releasing such lien.
3. Immediately upon
recording of any notice of delinquency pursuant to the foregoing provisions of
the Article, the amounts delinquent, as well as any amounts then due and
payable, although not delinquent, as set forth in such notice, together with the
costs (including attorneys' fees), penalties and interest accruing thereon. Said
lien shall continue until all amounts secured thereby are full paid or otherwise
satisfied. Said lien shall be subordinate only to those liens or charges of any
bona fide mortgage or deed of trust made in good faith and for value on any
parcel of the Properties and of record prior to the recordation of the
Association's lien.
4. Each lien established
pursuant to the foregoing provisions of this Article may be foreclosed as and in
the same manner as the foreclosure of a mortgage upon real property under the
laws of the State of California.
5. Interest shall accrue
at the rate of ten percent (10%) per annum on all unpaid maintenance fund
payments and assessments from the date of delinquency thereof. Penalties for
late payment, not exceeding two percent (2%) of the amount of the delinquent
maintenance fund payment or assessment, may be established by action of the
Association, provided that written notice thereof is given to each owner.
(Amended 26 May 78, book 570, page 569)
ARTICLE V
AMENDMENTS
The provisions of this Declaration may be
amended from time to time upon a majority vote of the owners entitled to vote.
ARTICLE VI
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:
a) Advocate the election or defeat of any
candidate for public office.
b) Participate or intervene directly or
indirectly in any political campaign.
c) Advocate the adoption or rejection of any
legislation save incidentally, if such may affect its overall purposes.
d) Discriminate in its activities among
individuals, organizations, institutions, firms, associations, or corporation
on the basis of race, religion, or country of national origin.
e) Encourage, support, nor aid in any way
individuals, corporations, organizations, or institutions that discriminate in
their activities on the basis of race, religion, region, or country of
national origin.
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
five (5)
three (3)
(Amended 10 Dec 75, book 678, page 124)
five (5) (Amended 28 Nov 01, book 2092, page 081)
man Board of Directors to be selected annually on or before the first Monday in
March from among the owners. Any vacancy among the Board of Directors may be
filled by appointment by the Board of Directors. The directors shall be elected
and may be removed by a majority of the votes cast by the owners. Each Director
shall be elected for the term of one year but shall continue to serve until his
successor is selected. The Board of Directors shall have the power to manage the
affairs of the Association and make any assessment or increase or decrease any
dues or maintenance payment after the initial year, provided that there shall be
no increase of more than twenty percent (20%) in any one year without the
approval of a majority of the owners.
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.
ARTICLE VII
SEVERABILITY
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.
ARTICLE VIII
ANNEXATION
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 )
) ss.
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
Exhibit A
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.
Exhibit B
Refer to Official Records, Tehama County,
California Book 563, page 634.
