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HomeMy WebLinkAboutD-2226 - ), RECORDED IN OFFICIAL RECORDS] RECORDER'S OFFICE '{':,'> LOS ANGELES COUNTY - . CALIFORNIA .11' MIN. 10 A.M. JUL 1 1985 PAS!, Christine Van Maanen City Clerk POBox 61) Arcadia, Ca. 911)06 GRANT OF EASEMENT I FREE FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MARTHA H. YARNELL, President of the Vista Colina Association, hereby grants to the CITY OF ARCADIA, a Municipal Corporation, an easement for the installation, repair and maintenance of an underground electric conduit for a street light system in, under, on, upon, over and across the following described property in the City of Arcadia, County of Los Angeles, State of California, to wit: The westerly five feet of the northerly one hundred feet of Lot 1, Tract No. 29166, per map recorded in Book 724, pages 63 to 67, of Maps, in the office of the Recorder of said County. IN WITNESS WHEREOF, MARTHA H. YARNELL, President of the Vista Colina Association does cause this instrument to be executed this I~ day of r , 1985. ~~ W itnness: 141&Ue~.!!a;d; STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On the / tf day of ~ , 1985, persona 11y appeared before me, a Notary Public in and for the County of Los Angeles, State of Ca 1 ifornia, KENNETH S. WAITE, known to me to be the witness who subscribed his name to the within instrument, and acknowledged to me that MARTHA H. YARNELL, President of the Vista Colina Association is the person who subscribed the within instrument as a party, that MARTHA H. YARNELL executed the within instrument and that KENNETH S. WAnE subscribed his name thereto as a witness. My Commission expires: ~-t3-l?~ ~ ( SEAL) Mail.Tax Statements as Directed Above OFFICIAL SEAL CINDY L ROWE Notary Publlc.CahfQrnla Pnnclpal Office In Los Angeles County My Comm. Exp Feb. 13. 1988 Rj ,ry- .~,v). v\~ ~'~ <:> ,.; ". (, ;' ~ ,"' I os . " . /" I . 1"l8l\..L11.i'\. n, .l..nL'\.LU............. 8s~ 7{:;16'" --- () CERTIFICATE OF ACCEPTANCE This is to certify that .the interest in real property conveyed or transferred to the City of Arcadia~ a Munici2a1 Corporation, by deed, grant, conveyance, or instrument dated uune 14, 1985 , from or executed by Martha H. Yarnell tor Vlsta Collna Assoclatl:on is hereby accepted by the City of Arcadia by the order or authorization of the City Council of the City of Arcadia contained in Resolution 2963, adopted January 21, 1958, and recorded in the office of the Recorder of Los Angeles County on January 29, 1958, as Instrument No. 3069 in Book 56448, Page 264, Official Records of Los Angeles County; and the City of Arcadia consents to the recordation thereof by its duly authorized officers. /~,i~t% ~7?,%a/d~ City Engineer The document thus described is hereby approved as to form. 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DR7!'Y.'fu P'... eHUT I DP I MINUTES OF REGULAR MEETING VISTA COLINA ASSOCIATION The regular meeting of 11J.e-lf-i:s.t . na Association was called to order by the . en~~artha Yarne , on Monday, June 10, 1985 at 7:)0 o'cloc~. All oar mem ers were present. A number of other owners were also present. Frior to taking up the regular business of the board, there was about an hour's discussion with the owners regarding security proposals. The Committee previously appointed by the president to study the four proposals received made its report. That committee stated it had selected Proposal #2 from Color Right Service Company of ~estlake Village - primarily due to its lower cost. A number of owners had comments and questions which resulted in the following: 1. It was recommended that instead of mesh being used on the gates a wide panel of attractive design be installed. 2. It was recommended that attractiveness and appropriate- ness be considered along with safety features. ). It was recommended that all items to be covered be written out in full in the contract so that there would be no question: as to what is included. 4. It was requested that a representative of Color Right meet with the interested owners to answer questions they might have. The board concurred in the'recommendations of the Committee to accept Proposal #2, and will arrange for a meeting of the owners with a representative of the company. It was MS&C to accept the minutes of the regular meeting of May 14, 1985. Treasurer's ~eport It was MS&C to accept the Treasurer's report for audit. Building Manager's Report The evergreen shrubs in front of #5 have been moved and planted in appropriate spots on the grounds. Prices have -been checked for new covers for the cushions on the lounges and chairs in the pool area. They are ~oo expensive to be purchased at this time. Shortly each owner will receive a copy of Rules and Regulations for the Swimming Pool and Swimming Pool Area. It is expected that these rules will be carefully followed by the owners. Old Business None New Business It was MS&C that the president sign a Grant of Easement for the installation, repair and maintenance of an underground electric conduit for a street light system in, under, on, upon, over and across the following described property in the City of Arcadia, County of Los Angeles, State of California, to wit: The westerly five feet of the northerly one hundred feet of Lot 1, Tract No. 29166, per map recorded in Book 724, pages 6J to 67, of Maps, in the office of the Recorder of said County. It was MS&C to install a lock box near the front ga~e for owners desiring to use it. Instructions regarding its use will be given later. The next meeting will be held on Tuesday, July 9, 1985 at 7:JO p.m. in the recreation room. The meeting adjourned at 9:JO p.m. Respectfully submitted .~~~,~ . ~ ,-.< " , , . .. , 9'., ( ( BY-LAWS of "IT~TA COLr.1A ASSOCIA TIO:l (Qn unineorpor~tod 3UBoc1Bt1o~) (Tract 29166, County or Los Angeles, California) ARTICLE I The within By-laws are set forth to comply with the laws of the State of California as same from time to time exist as to condominiums. Reference to "laws" includes rules and regulations of any and all regulatory agencies of said State. In case any of these By-laws conflict with the provisions of said laws, the said laws shall apply and pre- vail. In case any of these By-laws are not in conflict with said laws but are in conflict with the Declaration of Cove- nants, Conditions and Restrictions for said Tract 29166, in said County and State, dated , 1964, and as from time to time amended, the said Declaration shall apply and prevail. ARTICLE II Plan of Ownership A. Apartments. Gara~es and Common Areas. The project located at Huntington Drive, San Gabriel, California, Los Angeles County. State of California. consists of condominiums, which condominiums consist of interests in common in said real property, together with unit interests not owned in common with others and which units. in essence, consist of apartments and garages, all as were specifically set forth in the said Declaration. . B. By-laws Applicability. The provisions of these By- are applicable to the project. The term "project" as herein shall include the land. laws used c. Personal Application. All present or future owners, tenants, future tenants, or their employees, or any other person that might use the facilities of the project in any -1- - , , ~ ~ manner, are subject to the regulations set forth in these By- laws. The mere acquisition or rental of any of the units of the project or the mere act of occupancy of any of said units will signify that these By-laws will be complied with. ARTICLE III Board of Governors The owners shall constitute an unincorporated associa- tion, the affairs of which shall be conducted by a Board of Governors. A. shall be occurs: Or~anization. An organization meeting of the owners held when the first of the following three events 1. Sale of 51% of the units has been consummated; 2. When the Declarant named in said Declaration calls such a meeting; or 3. One year has elapsed from that date on which the Final Public Report by the Division of Real Estate has been issued. In no event shall the date computed per the within paragraph be later than one year after the transfer and conveyance of the first unit in the project to be sold. 1 At such organization meeting, the ovmers shall select a Board of Governors consisting of five (5) condominium owners. For the purpose of eligibility to serve on the Board, a person shall qualify as an owner if he or she owns not less than 25% of the record interest in at least one condominium in the project. The By-laws may be amended to provide for a greater or lesser number of directors. The organization meeting shall be considered the first annual meeting and all of the provisions hereinafter set forth which are applicable to annual meetings, plus all pro- visions applicable to all meetings, shall apply in the case of said organizational meeting. Pending the holding of such an organization meeting the rights, duties and functions of the Board shall be exercised by the said Declarant. B. Voting. At any meeting of the owners. each ovmer (subject to the provisions of subparagraph C,of Article 8 of the said Declaration) shall be entitled to cast one vote per condominium. O\~ership of more than one garage shall not in- crease any owner's vote and garage ownership, as such, shall -2- , . ( ( be without voting power. Each owner entitled to vote at any election of governors or at any removal of governors may cumulate his votes and give one candidate a number of votes equal to the number of members of the Board to be elected or removed, multiplied by the number of votes to which such owner is otherwise entitled, or distribute his said votes on the same principle among as many candidates as he thinks fit. Cumulative voting shall only be allowed at an election to elect or recall governors. On all other votes the voting shall be on the basis of one vote per condominium and a majority of those voting shall be necessary in order to take action. In each case where a condominium has more than one owner and said owners are unable to agree, such condominium shall not be entitled to vote. One owner of a condominium shall be presumed to be casting the vote for his condominium unless and until a co-olmer, either personally at a meeting of the Board or by proxy at such meeting, advises the Board to the contrary. At all meetings said Declarant shall be deemed the owner of all unsold condominiums and shall be en- titled to cast votes for each such condominium. The owners of a condominium may designate in writing, delivered to the Board, the person or firm which is to repre- sent them. Such designation shall remain in effect until the Board is notified in writing to the contrary or the Board receives actual notice of the death of, or judicially declared incompetence of, any of the record owners of such condominium. The aforesaid designee does not have to be an owner. C. Meetings. The presence (in person or by proxy) at any meeting of the owners holding in excess of 5~~ of the total voting power shall constitute a quorum for the transaction of business at any annual or special meeting. Unless otherwise expressly provided herein, any action may be taken at any meet- ing of the owners upon the affirmative vote of a majority of the total votes present at such meeting in person or by proxy. 1. Annual Meetin~. The annual meeting shall be on the third Thursday of February of each year, at 7:30 P.M. or at such other reasonable time and place (not more than thirty (30) days before or after such date as may be designated by written notice of the Board, delivered to the owners not less than ten (10) days prior to the date fixed for said meeting. The Board may in said note designate a place of meeting which place shall not be over five (5) miles away from the project. At each annual meeting subsequent to the organizational meet- ing the Board shall present a written statement of the main- tenance fund, which itemizes receipts and disbursements for -3- ~ , the preceding calendar or fiscal year, the allocation to each olvner, the balance in said fund and the estimated maintenance for the ensuing year. Within ten (10) days after the annual ~ meeting, a copy of said statements shall be delivered to each owner. Even though the Board does not vary the place or time of the annual meeting, it shall give not less than ten (10) days notice thereof. 2. Special Meetings. Special meetings of the owners may be called at any time for the purpose of consider- ing and acting upon matters which, by the terms of the re- strictions, require the approval of the owners, or for any other reasonable purpose. Such meetings shall be called by written notice, signed by a majority of the Board, or by the owners having one-third or more of the total votes and de- livered not less than fifteen (15) days prior to the date fixed in said notice of said meeting. Said notices shall specify the date, hour and place of the meeting, and the gen- eral nature of the business to be transacted. D. Notices. Any notice permitted or required to be de- livered as provided herein may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered twenty-four (24) hours after a copy of same has been deposited in the United States mail, postage prepaid, addressed to each such person at the address given by such person to the Board for the purpose of service of such notice or to the apartment of such person if no address has been given to the Board. Such address may be changed from time to time by notice in writing to the Board. E. Election, Tenure and Proceedin~s of the Board. 1. At each annual meeting, the owners shall elect a Board of Governors for the forthcoming year, consisting of five (5) owners. The candidates receiving the highest number of votes up to the number of members of the Board to be elected shall be deemed elected. 2. Members of the Board shall serve for a term of one (1) year and until their respective successors are elected, or until their death, resignation or removal; provided, that if any member ceases to be an owner, his membership on the Board shall thereupon terminate. Any member may resign at any time by giving written notice to the other members of the Board, and any member may be removed from membership on the Board by vote of the owners; provided, that unless the entire Board is removed, an individual member shall not be removed if the -4- ~ ~ number of votes cast against his removal exceeds twelve and one-half per cent (l~fi%). 3. A majority of members of the Board shall con- stitute a quorum and, if a quorum is present, the decision ~ of a majority of those present shall be the act of the Board. The Board shall elect a chairman, who shall preside over both its meetings and those of the owners. Meetings of the Board may be called, held and conducted in accordance with such regulations as the Board may adopt. The Board may also act without a meeting by unanimous written consent of its members. 4. After the first election of the Board, said Declarant shall execute, aCknowledge and record in the office of said County Recorder, an affidavit stating the names of all of the persons elected to membership on the Board. Thereafter, any two persons who are designated of record as being members of the most recent Board (regardless of whether or not they shall still be members) may execute, acknowledge and record an affidavit stating the names of all of the members of the then current Board. The most recently recorded of such affi- davits shall be prima facie evidence that the persons named therein are all of the incumbent members of the Board and shall be conclusive evidence thereof in favor of all persons who rely thereon in good faith. ARTICLE IV Adjourned Meetin~s of the Associatio~ If any meeting of Oliners cannot be organized because a quorum has not attended, the owners who are present, either in person or by proxy, may adjourn the meeting to a time not less than 48 hours from the time the original meeting was called. ARTICLE V Order of Business The order of business at all meetings of the owners of condominiums shall be as follows: a) b) c) d) e) f) g) t~ Roll call. Proof of notice of meeting or waiver of notice. Reading of minutes of preceding meeting. Reports of officers. Reports of committees. Election of inspectors of election. Election Of directors. Unfinished business. New business. -5- l <- ARTICLE VI Board of Directors Quorum At all meetings of the board of directors, a majority of the directors shall constitute a quorum for the trans- action of business, and the acts of the majority of the directors present at a meeting at which a quorum is present shall be the acts of the board of directors. If, at any meeting of the board of directors, there be less than a quorum present, the majority of those present may adjourn the meeting from time to time. At any such adjourned meet- ing, any business which might have been transacted at the meeting as originally called may be transacted without fur- ther notice. ARTICLE VII Officers 1. Designation. The principal officers of the asso- ciation shall be a President, a Vice President, a Secretary, and a Treasurer, all of whom shall be elected by and from the board of directors. The directors may appoint an assis- tant treasurer, and an assistant secretary, and such other officers as in their judgment may be necessary. 2. Election of Officers. The officers of the associa- tion shall be elected annually by the board of directors at the organization meeting of each new board and shall hold office at the pleasure'of the board. 3. Removal of Officers. Upon an affirmative vote of a majority of the members of the board of directors, any officer may be removed, either with or without cause, and his successor elected at any regular meeting of the board of direc- tors, or at any special meeting of the board called for such purpose. 4. President. The president shall be the chief execu- tive officer of the association. He shall preside at all meetings of the association and of the board of directors. He shall have all of the general powers and duties which are usually vested in the office of president of an association, including but not limited to the power to appoint committees from among the owners from time to time as he may in his dis- cretion decide is appropriate to assist in the conduct of the affairs of the association. 5. Vice President. The vice president shall take the place of the president and perform his duties whenever the -6- ~ ( the president shall be absent or unable to act. If neither the president nor the vice president is able to act, the board of directors shall appoint some other member of the board to so do on an interim basis. The vice president shall also perform such other duties as shall from time to time be imposed upon him by the board of directors. 6. Secretary. The secretary shall keep the minutes of all meetings of the board of directors and the minutes of all meetings of the association; he shall have charge of such books and papers as the board of directors may direct; and he shall, in general, perform all the duties incident to the office of secretary. 7. Treasurer. The treasurer shall have responsibility for association funds and securities and shall be responsible for keeping full and accurate accounts of all receipts and disbursements in books belonging to the association. He shall be responsible for the deposit of all moneys and other valuable effects in the name, and to the credit, of the association in such depositaries as may from time to time be designated by the board of directors. ARTICLE VIII Obli~ations of Owners The obligations of the owners shall be as from time to time set forth in said Declaration, plus any obligations im- posed by the Board of Governors, which obligations are not in conflict with the laws of the State of California or with . said Declaration. ARTICLE IX Annual Report Not later than 120 days after the end of each calender year, the Board shall supply each condominium O\iner with an annual report showing all debits and credits and such other information as will reasonably reflect the operations during the said calender year. ARTICLE X Amendments to By-laws These By-laws may be amended by the association in a duly constituted meeting for such purpose and no amendment shall take effect unless apporved by owners representing at least 75% of the condominiums. -7-