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1965-045RESOLUTION NO. 65R -45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ESTABLISHING CERTAIN STANDARDS TO BE CONSIDERED IN THE APPROVAL OF COVENANTS, CONDITIONS AND RESTRICTIONS WHICH MAY BE REQUIRED TO BE FILED BY SECTION 17.08.300 OF THE ANAHEIM MUNICIPAL CODE. WHEREAS, Section 17.08.300 of the Anaheim Municipal Code permits the division of real property developed for, or proposed to be developed for, residential use; and WHEREAS, said Section provides that any proposed division of a parcel of real property, including an air space division, which division results in the creation of an un- divided interest in common in a portion of said parcel of real property, together with a separate interest in a portion of said real property, may require the filing of covenants, condi- tions and restrictions for the benefit of the entire parcel; and WHEREAS, the City Council desires to establish stand- ards for the guidance of persons or entities seeking approval of such covenants, conditions and restrictions. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Anaheim that the standards set forth in Exhibit "A' attached hereto and made a part hereof, be, and the same are hereby adopted, which standards may be used for the guidance of persons or entities seeking to divide land as permitted in Section 17.08.300 of the Anaheim Municipal Code. BE IT FURTHER RESOLVED that the City Council does further adopt that certain document entitled "CHECK LIST OF PROVISIONS TO BE INCLUDED IN COVENANTS, CONDITIONS, AND RESTRICTIONS TO BE SUBMITTED TO THE CITY OF ANAHEIM FOR APPROVAL," a copy of which is attached hereto, made a part hereof, and marked "Exhibit B," in order that more specific guidance may be given to developers and subdividers in imple- menting said standards. BE IT FURTHER RESOLVED that in establishing the afore- mentioned standards and check list of provisions the City Council finds and determines that persons or entities are not precluded from proposing alternative methods of realizing the aforementioned standards, if such alternative methods are sufficient to accomplish said standards. THE FOREGOING RESOLUTION is approved and signed by 1965. r me this 19th day of January ATTEST: CI CLERK OF TliE CITY OF ANAHEIM (SEAL) STATE OF CALIFORNIA COUNTY OF ORANGE ss. CITY OF ANAHEIM I, DENE M. WILLIAMS, City Clerk of the City of Anaheim, do hereby certify that the foregoing Resolution No. 65R -45 was introduced and adopted at a regular meeting provided by law, of the City Council of the City of Anaheim, held on the 19th day of January, 1965, by the following vote of the members thereof: AYES: COUNCILMEN: Pebley, Dutton, Krein and Chandler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: Schutte AND I FURTHER CERTIFY that the Mayor of the City of Anaheim approved and signed said Resolution No. 65R -45 on the 19th day of January, 1965. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 19th day of January, 1965. CIT CLERK OF THE CITY OF ANAHEIM EXHIBIT "A" STANDARDS FOR COVENANTS CONDITIONS AND RESTRICTIONS (Sec. 17.08.300) PERSONS OR ENTITIES SEEKING TO DIVIDE LAND OR AIR SPACE SHALL: 1. Make provision for an irrevocable fund for the perpetual maintenance of the aforementioned areas owned or maintained in common and shall make specific provision for the amount of the initial deposit of money into said fund at the time of the sale of each parcel of land or air space real property divided pursuant to Section 17.08.300 and shall specify the total amount of such money to be deposited initially in said fund. 2. Specify in covenants, conditions and restrictions or other legally binding instrument or document the amount, if any, to be periodically contributed to the aforementioned irrevocable fund by each owner of a parcel of real estate or air space. 3. The Commission and Council shall review the afore- mentioned amounts of money to determine whether such sums are sufficient in terms of the estimated cost of maintenance of the aforementioned and described areas and improvements owned or maintained in common which estimated cost figures are to be supplied by the persons or entities subdividing land or air space. Specify in said covenants, conditions and restric- tions the method by which it is proposed to insure, insofar as possible, the privacy of each owner of such a parcel of land or unit of air space by protecting each of said owners from trespass to said parcel or unit by any other such owner within said subdivision. EXHIBIT "B" CHECK LIST OF PROVISIONS TO BE INCLUDED IN COVENANTS, CONDITIONS, AND RESTRICTIONS TO BE SUBMITTED TO THE CITY OF ANAHEIM FOR APPROVAL. QUESTIONS TO THE SUBDIVIDER AND DEVELOPER: 1. Have you clearly stated in the CC R's that the purpose of said CC R's is to benefit the entire land contained in Tract #0000 and each lot 1 through therein? (E.G. "Whereas, it is the desire and intention o the owner of Tract #0000 to sell and convey the above described property and to impose on said property mutual, beneficial restrictions under a general plan or scheme of improvement for the benefit of all the land in said tract and the future owners of said land. Now, therefore, the owner declares all the aforementioned and des- cribed land in Tract #0000 shall be sold (or leased) subject to limitations, restrictions and covenants all in furtherance of a plan for the subdivision, improvement, sale (or lease), and that said limitations, restrictions and covenants shall run with, and bind, all parties having an interest in the aforementioned and described property in Tract #0000 or all persons who in the future acquire such an interest in said property. 2. Have you clearly described the entire land to be benefited by the CC R's? (E.G. 0 all that land described in Final Tract Map #0000 recorded in the office of the County Recorder of Orange County at Book Page etc. 3. Have you clearly described the land on which the restrictions and burdens of the CC R's are to Fe imposed? (E.G. "All lots 1 tz� rough of Tract #0000, recorded at Book Page etc, 4. Have,you clearly specified the individuals or entities (preferably a corporation) to maintain the common areas and improvements and have you given a clear and complete description of the powers of such individuals or entities to enforce maintenance provisions (E.G. "Failure to pay the assessment provided in the CC R's should result in the creation of a lien on the defaulting unit owner's unit. Such lien should be enforceable by the entity or individual charged with the maintenance of the Common Areas. 5. Have you clearly specified the amount of the initial contribution of capital into an irrevocable contingency fund which fund shall not be impaired prior to 30 years without the vote and consent of 100 per cent of the parcel or unit owners? Have you further clearly provided that should the CC R's ever be cancelled for any reason that such fund shall be either transferred to (1) The City of Anaheim, (2) A main- tenance district created for the express purpose of maintaining the common areas and improvements in the subdivision, or (3) Any other person or public or private entity approved by the City of Anaheim to maintain such common areas? Whether such fund shall be transferred to (11 (2) or (3) above shall be determined solely by the City. (E.G. "The Association is hereby required to establish and maintain a Reserve for Contingencies Fund. Concurrently with the initial sale by Declarant of each lot in Parcel No 1, a sum of money equal to $200000 per lot shall be irrevocably allocated to said Reserve for Contingencies Fund. Said amounts shall constitute the paid -in capital of the Association. In addition to the regular monthly assessment for estimated maintenance costs, the Association shall make a monthly assessment at a rate of 15% per cent above the actual maintenance costs as determined by the Association. Such percentage amount in excess of the actual maintenance costs shall be irrevocably allocated to the Reserve for Contingencies Fund hereinabove referred to in this paragraph and said Fund, including the initial allocation of $200000 per lot or unit, shall not be impaired without the vote or written consent of 1007 of the lot owners of Parcel No0 1 who are members in good standing in said Association, pro- vided, however, that the Association shall be authorized to expend, after a period of thirty (30) years from the date of the first s le of any interest in the property embraced within Tract No, 0000, the amount of any accrued interest on said Contingency Fund in the event of any unusual or unforeseen financial requirements that may arise (alternativ- -may sub- stitute after the words 'Contingency Fund' the words, 'as the Association sees fit') subject to the vote or written consent of 100® of the lot owners of Parcel No. 1 who are members in good standing of the Association. (Th foregoing clause beginning with the words 'subject to' may be omitted if desired.) Further, should this Declaration be canceled, said Fund shall be conveyed to the City of Anaheim, or to a special maintenance district created by the City for the purpose of maintaining the Common Areas (Parcel No. 2) of Tract No. 0000, or to any other entity or person approved by the City of Anaheim as adequate or sufficient to maintain said Common Areas. Whether said Fund shall be transferred to th City, to a speci_ 1 maintenance district created by the City for the purpose of maintaining all commonly owned or maintained areas or improvements of Tract Noe 0000, or to any other entity or person approved by the City, shall be determined by the City. No amendment to Section nor any amendment or provision which shall have the e fect of changing any of the provisions relating to the irrevocable Contingency Fund, shall be effective unless approval is given to said amendment by the City of Anaheim. Should the structures and Common Area or improvements of the subdivision to which these CC R's apply ever be destroyed or removed and not rebuilt for any cause whatsoever, or should said sub- division be approved by the City of Anaheim for re- subdivision, which re-subdivision .eliminates th- Common Areas or improve- ments, or should this subdivision rev:rt to acreage pursuant to law, all monies c.nd properties contained in the irrevocable Contingency Fund may be distributed as the Association sees fit. 6. Have you clearly specified the amount to be assessed (preferably a percentage figure) against each unit owner in excess of said unit owner's current maintenance obligation which excess amount is to be periodically deposited in the irrevocable contingency fund (E.G. "In addition to the regular monthly assessment required for all maintenance costs, including taxes and insurance, the association is hereby re- quired to establish and maintain a reserve for contingencies which shall be assessed monthly at a rate of per cent above the actual maintenance costs. Should the CC R's ever be cancelled for any reason whatsoever, such funds periodically so deposited into the irrevocable contingency fund shall either be transferred to (1) The City of Anaheim, (2) A maintenance district created for the express purpose of maintaining the common areas and improvements in the subdivision, or (3) Any other person or public or private entity approved by the City of Anaheim to maintain such common areas. Whether such fund shall be transferred to (1),(2) or (3) above shall be determined solely by the City. 7. In conjunction with your proposed CC R's have you submitted an estimated cost of maintaining all commonly owned and commonly mainnt fined areas and improvements? Is said estimat: d cost based on bids from maintenance companies or others? 8. As a final check on the sufficiency of the con- tributions into the irrevocable contingency fund the income only from which fund may be used at the end of the pri m T mar loa,. riod (usually 25 to 30 years) in order to defray the cost of maintenance of the commonly owned ,:nd commonly main- tained areas and improvements, do your figures reveal that at the end of the primary loan period (25 to 30 Years) there is an amount in the irrevocable contingency or maintenance fund which will yield (at an ass°um-d rate of 4% per year) income sufficient in amount to provide an annual sum representing approximately two thirds (2/3) of the presently estimated yearly cost of maintaining all such commonly owned and commonly maintained areas and improvements? Such two thirds figure, it is felt, will guarantee a reasonable level of minimum maintenance of the common areas and improvements. The thirty -year figure 'is used since this is a frequent period for the primary loan to exist on the various units. As long as the lender has a security interest in the project, there is some incentive on the part of the lender to see that the common areas and im- provements are properly maintained. 9. Have you considered the creation of a non profit corporation as an appropriate entity to maintain the common areas? (A corporate form results in the creation of a separate legal entity and makes the acquisition of insurance against personal injuries in th common recreational areas easier to acquire, etc.) 10. Have you made provision in your CC R's to insure, insofar as possible, the pri- cy of each unit owner through protection of each such owner from trespass to his real property or airspace (ec.647 (g) ,Se .602 Penal Code) by any other unit owner within said subdivision (E.G. 647(g) of the Penal Code reads as follows: "Every person who commits any of the following acts shall be guilty of disorderly conduct, a misdemeanor: (g) Who loiters, prowls or wanders upon the private property of another, in the nighttime, with- out visible or lawful business with the owner or occupant thereof; or who, while loitering, prowling or wandering upon the private property of another, in 'the nighttime, peeks in the door or window of any inhabited building or structure located thereon, without visible or lawful business with the owner or occupant thereof. 110 If you have inserted provisions for the possi- bility of reverter and right of re -entry in your proposed CC R's, have you considered conveying title to the common areas to the non- profit maintenance corporation or other entity so that such entity will actually own an interest in land in the subdivision and hence create a greater likelihood of enforcement of the reverter or re -entry by the maintenance entity against lot owners who failed to pay maintenance assessment or otherwise violated the CC R's? 12. Have you submitted in conjunction with your CC R's sample standard deed form with wording in each deed to each lot owner either setting forth in full the CC R's or incorporating by reference the CC R's recorded in the Office of the County Recorder (E.G. "This conveyance subject to CC R's contained in Declarations of CC R's of grantor recorded at Page Book etc... The aforementioned CC R's are made a part of this conveyance. 13. (To be answered after recording of Final Tract Map.) Have you furnished evidence by means of a letter to the City Attorney indicating the book and page number at which the final map and the CC R's are recorded? 14. (To be answered after initial sale of all the parcels or units.) Have you furnished evidence by means of a letter to the City Attorney indicating the amount and the financial institution into which the initial contributions in 5 above have been deposited and in which the funds in 6 will be deposited? COPIES FORWARDED TO: E Fire Depr rtment Ptir acs Recreation [J Personnel Planning Works Di. ec'or Engineering VtiitilES it "f.;::JC E Building 1} Attorney City Clerk E City Council City t an:aoer E Finance Director LI Accounting E Treasurer E] Purchasing