STALLION SPRINGS COMMUNITY SERVICES DISTRICT

Resolution No. 2003-02 Amended

        RE:   A RESOLUTION OF THE BOARD OF DIRECTORS OF STALLION SPRINGS COMMUNITY SERVICES DISTRICT REQUIRING ADDITIONAL BUILDING REQUIREMENTS FOR THE BUILDING AND PLACEMENT OF HOMES IN STALLION SPRINGS.

        THIS BOARD OF DIRECTORS DECLARES AND DETERMINES AS FOLLOWS;

             1.     Whereas Government Code Section 61105(e) is applicable to Stallion Springs CSD in regard to “Enforcement of tract covenants, conditions, and restrictions; architectural control committee duties”, and;

             2.     Whereas the Stallion Springs Community Services District Board of Directors desires to look out for the best interests of the community, and;

             3.     Whereas the Covenants, Conditions and Restrictions as recorded on March 3, 2000 will eventually have to be modified and updated to provide the guidelines of best building practices for the community;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors as follows:

         For the building and/or placement of homes on unimproved property within Stallion Springs the following shall be adhered to:

             1.     Exposed foundations for homes are limited to a maximum height of 12 inches above the final finished grade for both slab and wood floor construction, unless otherwise approved in writing by the Board.

             2.     Attached or detached garages must be constructed simultaneously with the construction and/or placement of a home. Garages are to match the design, roof pitch, materials and colors of the primary residential dwelling.

             3.     Minimum roof pitch of six (6) inches per horizontal foot for houses and garages are required, unless otherwise approved in writing by the Board.

             4.     All electric and telephone installations to dwellings or other structures placed upon any lot shall be underground, unless otherwise approved in writing by the Board.

             5.     No heating, cooling or air conditioning equipment, including fans or similar devices shall be placed or permitted upon the roofs of any dwelling or building constructed on a lot. When placed at any other exterior locations, these units shall be appropriately screened from view, unless otherwise approved in writing by the Board.

             6.     Homes must be greater than sixteen (16) feet in width, as measured between the closest opposing points and excluding any porches, steps or other attachments.

             7.     Eaves around the entire perimeter must extend a minimum of sixteen (16) inches measured horizontally from the exterior of the wall.

             8.     Debris from construction shall be removed daily from the site or placed in a dumpster or similar receptacle. Any debris container must be removed or emptied when full.

In regard to vehicles:

             9.     All residents shall display the current year Stallion Springs decal on their vehicle.

           10.     There will be no storing of vehicles within Stallion Springs unless said vehicle is stored within a closed garage. Storing is defined as not being driven or moved for a period of more than seven (7) days. For anything over seven (7) days, written permission must be obtained from the Design Review Agent or his representative.

In regard to existing properties:

           11.     Stallion Springs CSD encourages attractive landscaping on each lot. In any case all residents are to prevent dirt, gravel, water, mud, and debris from entering District roads, rights-of-way, and easements.

           12.     Windmills, either for decorative purposes or for power, must meet State standards, approved by Kern County Building and then be submitted to the Board of Directors of Stallion Springs CSD for approval.

This Resolution shall take effect August 1, 2003.

Enforcement:

           13.     Violations of this Resolution and/or the CC&R’s are subject to fines as follows:

                     A.    First violation $500.00

                     B.    Second violation $1,000.00

                     C.    Third violation $2,500.00

PASSED, APPROVED AND ADOPTED by the Board of Directors of the Stallion Springs Community Services District this 15th day of April, 2003, amended on this 21st day of March, 2006, on the following roll call vote:

AYES:                     Director Mueller, Director Young, Chair Patrick

NOES: 

ABSENT:                 Director Gunshinan, Director Keller

ATTEST:

STALLION SPRINGS COMMUNITY SERVICES DISTRICT

          RE:    A RESOLUTION OF THE STALLION SPRINGS BOARD OF DIRECTORS, OUTLINING AND DEFINING THE PROCESS FOR VIOLATIONS OF THE COVENANTS, CONDITIONS AND RESTRICTIONS WITHIN STALLION SPRINGS.

          THIS BOARD OF DIRECTORS DECLARES AND DETERMINES AS FOLLOWS:

A. WHEREAS the Covenants, Conditions and Restrictions are necessary to preserve and enhance property values throughout Stallion Springs; and

B. WHEREAS the Covenants, Conditions and Restrictions have been adopted and approved by the Stallion Springs landowners; and

C. WHEREAS Section 61105(e) of the California Government Code provides the Stallion Springs Community Services District with the ability to enforce the Covenants, Conditions and Restrictions; and

D. WHEREAS Article IX, Section F of the Stallion Springs Covenants, Conditions and Restrictions provides that the Board may, from time to time, adopt and enforce ordinances, resolutions and policies in furtherance of the Covenants, Conditions and Restrictions; and

E. WHEREAS the Stallion Springs Community Services District provides the enforcement of the Covenants, Conditions and Restrictions as a service to District landowners. Pursuant to Section 61621 of the California Government Code, the District is permitted to prescribe and collect charges for services it provides;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

iv. Any fine levied pursuant to the Resolution will assist in offsetting costs incurred by the District in enforcing the Covenants, Conditions and Restrictions.

v. Failure to respond to the final Notice, and the failure to correct the violation, will result in the District commencing court proceedings to enforce the CC&R’s. Should it be necessary to initiate legal proceedings, the District shall act to recover the full amount of any fine(s), any court costs and attorney fees and costs, and shall seek an order compelling the correction of the violation.

vi. In the event it becomes necessary to send any notice via Certified or Registered U.S. Mail, or the equivalent thereof, the offender shall be responsible for the costs associated with such mailing. These costs will be in addition to any fine imposed, and shall be due concurrently with the payment of the fine.

David Aranda, Secretary
Board of Directors

STALLION SPRINGS COMMUNITY SERVICES DISTRICT

Resolution No. 2004-13 Amended

        RE:       A RESOLUTION OF THE STALLION SPRINGS BOARD OF DIRECTORS, OUTLINING AND DEFINING THE PROCESS FOR APPROVING THE REMOVAL OF TREES PURSUANT TO THE COVENANTS, CONDITIONS AND RESTRICTIONS, AND THE PENALTIES TO BE IMPOSED FOR NONCOMPLIANCE

A. WHEREAS the retention and preservation of mature trees on lands within the Stallion Springs Community Services District is highly desired to preserve the natural ambience, canopy, and aesthetic appearance; and

B. WHEREAS the landowners within Stallion Springs have adopted and recorded Covenants, Conditions and Restrictions, which are intended to preserve and enhance property values throughout Stallion Springs; and

C. WHEREAS Article II(D)(6) of the Covenants, Conditions and Restrictions provides restrictions on the removal of trees meeting a specified size; and

D. WHEREAS Section 61105(e) of the California Government Code provides the Stallion Springs Community Services District with the ability to enforce the Covenants, Conditions and Restrictions; and

E. WHEREAS Article IX, Section F of the Stallion Springs Covenants, Conditions and Restrictions provides that the Board may, from time to time, adopt and enforce ordinances, resolutions and policies in furtherance of the Covenants, Conditions and Restrictions; and

F. WHEREAS the Stallion Springs Community Services District provides the enforcement of the Covenants, Conditions and Restrictions as a service to District landowners. Pursuant to Section 61621 of the California Government Code, the District is permitted to prescribe and collect charges for services it provides; and

G. WHEREAS the District has been made aware of the ongoing loss of valued and desired trees located within the District boundaries, in violation of the Covenants, Conditions and Restrictions, and wishes to take action to prevent further loss in violation of the Covenants, Conditions and Restrictions;

NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:

2.     When any landowner wishes to remove any tree(s) meeting the requirements of Article II(D)(6), s/he shall first provide the DRA with a written application requesting the DRA’s consent to remove the tree(s). The applications shall contain, at a minimum, description of the tree(s) to be removed, their location on the premises, reason(s) for the removal of the tree(s), and any actions that the landowner intends to take to mitigate the removal of the trees.

3.     After receiving the written application, the DRA shall respond to the landowner’s request within fifteen (15) days, either granting permission for the removal of the tree(s), denying the request to remove the tree(s), or granting permission to remove the trees conditional upon the landowner taking some action.

4.     In the event the landowner disagrees with the decision of the DRA, the decision may be appealed within ten (10) days of receipt of the DRA’s decision to the Manager of the Stallion Springs Community Services District. The Manager shall review the Application and the DRA’s decision, and shall decide whether the decision of the DRA should be modified or set aside. Any appeal under this paragraph must be written, and must include a description of any reason(s) why the landowner believes the decision of the DRA should be modified, overturned, or set aside.

5.     In the event the landowner is unsatisfied with the Manager’s decision pursuant to paragraph four (4), s/he is entitled to a final appeal to the Board of Directors of the Stallion Springs Community Services District. This appeal must be in writing and made within ten (10) days of the receipt of the Manager’s decision, and must include a detailed description of any and all reason(s) why the landowner believes the decision of the DRA and the Manager should be modified, overturned, or set aside. Whether such an appeal will be heard is purely at the discretion of the Board of Directors. In the event the Board of Directors elects to hear the appeal, the Board may, in its sole discretion, elect to modify the decision of the DRA and/or the Manager.

6.     Should any landowner cut or remove any tree without following this process, s/he will be deemed to be in violation of the Covenants, Conditions and Restrictions. In such cases, the landowner shall be subject to the following:

        A.    A fine of not less than five hundred dollars ($500), but not to exceed five thousand dollars ($5,000) for each tree cut or removed in violation of this Resolution. Any fine levied pursuant to this Resolution will assist in offsetting costs incurred by the District in enforcing the Covenants, Conditions and Restrictions.

        B.    The landowner shall be required to promptly replace each tree cut with a replacement tree at his/her own expense. Any replacement tree shall be of the same species, and shall be as close to the age and size of the tree it is to replace as is possible.

        C.    In the event it becomes apparent that the landowner intends to continue to cut or remove trees in violation of the Covenants, Conditions and Restrictions, the Stallion Springs Community Services District shall be entitled to bring an action for any appropriate legal relief, including but not limited to injunctive relief.

7.     i.      Any fine imposed pursuant to this Resolution may be appealed to the Board of Directors of the Stallion Springs Community Services District. The appeal shall be made in a timely manner, and not later than ten (10) days after postmark of the notice of fine. The appeal application shall be written and must include the reason why the Board should reduce or eliminate the fine, and provide any justification or excuse why the landowner failed to comply with the Covenants, Conditions and Restrictions.

        ii.     Should the Board of Directors deny the appeal, the offender shall pay the full amount of the fine within thirty (30) days. Any provision of this subparagraph may be waived or modified by the Board or its designated agent, normally the General Manager of the District.

        iii.    In the event the landowner declines, refuses, or otherwise fails to replace any tree or pay any fine imposed pursuant to this Resolution, the Board of Directors may elect whether it wishes to impose a lien against the property for the amount of the fine due, or initiate legal proceedings to recover the fine and/or obtain injunctive relief ordering the landowner to replace the cut or removed trees.

8.     Each of the remedies set forth in this Resolution are cumulative, and are in addition to and supplement any other remedies available to the District.

9.     Should it become necessary for the Stallion Springs Community Services District to commence litigation to enforce the Covenants, Conditions and Restrictions, or any provision of this Resolution, then the costs associated with such litigation shall be added to any fine amount(s) due.

PASSED, APPROVED AND ADOPTED by the Board of Directors of the Stallion Springs Community Services District this 16th day of March, 2004, amended on this 21st day of March 2006, on the following roll call vote:

NOES:

ABSENT:                 Director Gunshinan, Director Keller