Recorded
June 26, 1967 in Book 7763 Official Records, page 438, file 3242383
DECLARATION
OF COVENANTS, CONDITIONS AND RESTRICTIONS
WHEREAS,
TRIAD CONSTRUCTION CO., a California corporation, and U. S. CONSTRUCTORS,
a California corporation, Venturers doing business under the name
RANCHO SANTA TERESA JOINT VENTURE (herein called "Grantor"), as the
owner of all that certain real property described in Exhibit A attached
hereto; and
WHEREAS,
Grantor has subdivided the portion of said real property which is
described in Exhibit B attached hereto (hereinafter called the "Subdivided
Property and desires to impose thereon mutually beneficial restrictions
under a general plan or scheme of improvement for the benefit of all
of said Subdivided Property, the structures thereon and the future
owners thereof;
NOW,
THEREFORE, the Grantor hereby declares that all of the Subdivided
Property is held and shall be held conveyed, encumbered, leased, rented,
used, occupied and improved subject to the following uniform restrictions,
covenants, conditions and equitable servitudes, all of which are declared
and agreed to be in furtherance of a plan for the subdivision, improvement
and sale of said real property and are established and agreed upon
for the purpose of enhancing and perfecting the value, desirability
and attractiveness of said real property and every part thereof. All
of the covenants, restrictions, conditions and equitable servitudes
shall run with the Subdivided Property and shall be binding on all
parties having or acquiring any right, title or interest in said property
or any part thereof, and shall be for the benefit of each owner of
any portion of said property, or any interest therein, and the mortgagees
of any owner, and shall inure to the benefit of and be binding upon
each successor in interest of the owners thereof.
- Definitions.
As used in this declaration, the following terms shall have the meaning indicated, except as may be expressly otherwise provided herein:
- "Subdivided Property" means the real property which is described in Exhibit B attached hereto and in any amendments to said Exhibit B made in the manner provided by Paragraph 10(b) hereof;
- "Lot" means a single family residential lot designated as such on any subdivision map relating to any of the real property described in Exhibit B, as amended from time to time, or a lot shown on such map that
is not designated as a single family residential lot but is used for single family residential purposes, and the word "Lot" shall be deemed to include any improvements which may be constructed
thereon from time to time; provided, however, that any property that is conveyed to the Club described in subparagraph (f) and used by it for recreational purposes shall not be deemed to be
a Lot or Lots for the purposes of these restrictions, nor shall any property that is used as a church or public school and on which the original structure or building was not designed for
residential use be deemed to be a Lot or Lots for the purposes of these restrictions; and provided further that any Lot designated on any subdivision map relating to any of the real property described
in Exhibit B, as amended from time to time, for uses other than single family residential uses shall not be deemed to be a Lot or Lots for the purposes of these restrictions.
- "Owner" means the holder of record title to a Lot; provided, however, that if one holding record title has entered into a contract to sell his Lot, and such contract has been recorded, the purchaser thereunder shall be deemed the Owner;
- "Mortgage" means a voluntary lien against a Lot and shall- include a deed of trust;
- "Mortgagee" means the original lender under a mortgage and its successors and shall include the holder of a beneficial interest under a deed of trust;
- "Club" means
Rancho Santa Teresa Swim and Racquet Club, a California nonprofit
corporation, the primary purpose of which is to provide swimming
facilities for the owners of residential Lots located upon the
real property described in Exhibit A.
- "Restrictions"
means the covenants, conditions and restrictions contained herein.
- Enforcement
of Restrictions.
Grantor,
or any Owner who is not in default hereunder, shall be entitled
to bring an action for damages against any defaulting Owner or Owners
and/or to enjoin any violation of these restrictions, and may prosecute
any other appropriate legal or equitable action that may be necessary
under the existing facts.
- Completion
of Construction.
Any
building on any Lot the construction of which has been started shall
be completed without unreasonably delay, except when such delay
is caused by acts of God, strikes, actual inability of the Owner
to procure delivery of necessary material or by interference by
other persons or forces beyond the control of the Owner to prevent.
- Use of Lots.
The
Lots shall be occupied and used as follows:
- No Lot (as
"Lot" is defined in paragraph 1 (b) above) shall be used except
for single family residential purposes. No dwelling designed for
occupancy by a single family shall be occupied by more than one
family, nor shall any such dwelling exceed two and one-half (2-1/2)
stories in height. No structure of a temporary character, trailer,
tent, garage, or outbuilding shall be used on any Lot at any time
as a residence either temporarily or permanently.
- No residential
structure shall be erected or placed on any Lot, which Lot has
an area of less than 6,000 square feet or a width of less than
60 feet at the front building setback line, except that a residential
building may be erected or placed on any Lot shown on a subdivision
map of any of the Subdivided Property.
- The floor
area of the main structure of any single family dwelling, exclusive
of one-story open porches and garages, shall not be less than
1,200 square feet in the case of a one-story structure, nor less
than 1,400 square feet in the case of a structure of more than
one story.
- Any single
family dwelling erected, constructed or placed on any Lot shall
cost and be fairly worth not less than 11,500.00, based upon cost
levels prevailing on the date these covenants are recorded.
- Without the
specific written approval of the Committee referred to in Paragraph
5, no fence, hedge or wall of any type shall be erected or permitted
in the setback area (as this term is hereinafter defined) of any
Lot, nor shall any sign of any kind be displayed to the public
view on any Lot except one sign of not more than five (5) square
feet advertising the property for sale or rent, provided, however,
that Grantor or its agents or nominees may, during the construction
and sales period for any of the property described in Exhibit
A, erect and display larger signs and construct, maintain and
operate sales office.
- No fence,
wall, hedge or shrub planting which obstructs sight lines at elevations
between two (2) and six (6) feet above the roadways shall be placed
or permitted to remain on any corner Lot within the triangular
area formed by the street property lines and a line connecting
them at points twenty-five (25) feet from the intersection of
the street property lines extended. The same sight line limitations
shall apply on any Lot within ten (10) feet from the intersection
of a street property line with the edge of a driveway or alley
pavement. No tree shall be permitted to remain within such distances
of such intersections unless the foliage line is maintained at
sufficient height to prevent obstruction of such sight lines.
- No animals,
fowls or birds may be kept or bred for commercial purposes on
any Lot. Only conventional and customary household pets shall
be permitted to be kept on any Lot and only in reasonable numbers
and of such types so as not to cause an annoyance or nuisance
to the neighborhood.
- No oil drilling,
oil development operations, oil refining, quarrying or mining
operations of any kind shall be permitted upon or in any portion
of the Subdivided Property, nor shall oil wells, tanks, tunnels,
mineral excavations or shafts be permitted thereon. No derrick
or other structure designed for use in boring for oil or natural
gas shall be erected, maintained or permitted upon the Subdivided
Property.
- No Lot shall
be used or maintained as a dumping ground for rubbish. Trash,
garbage or other waste shall not be kept except in sanitary containers.
All incinerators or other equipment for storage or disposal of
such material shall be kept in a clean and sanitary condition.
- No Owner
of any Lot shall permit anything to be done or kept on a Lot which
will result in cancellation of insurance on any part of the Subdivided
Property or which would be in violation of any law.
- No noxious
or offensive activity shall be conducted on or about any Lot,
nor shall anything be done which may be or become an annoyance
or nuisance to the neighborhood.
- No building
shall be erected, placed or altered on any Lot until the construction
plans and specifications and a plan showing the location of the
structure have been approved by the Architectural Control Committee
as to quality of workmanship and materials, harmony of external
design with existing structures, and as to location with respect
to topography and finish grade elevation. The Committee shall
grant its approval if the proposed work is not detrimental to
the Subdivided Property and is to be carried out in a manner generally
consistent with the plan of development thereof. The Committee's
approval or disapproval shall be in writing. In the event that
the Committee fails to approve or disapprove within thirty (30
days after the appropriate plans and specifications have been
submitted to it, or in any event, if no suit to enjoin such work
has been commenced before completion thereof, approval will be
deemed given and compliance with the terms of this paragraph conclusively
presumed.
During
any period of time when underground television cable antenna service
is available to any Lot, no exterior television antenna shall
be erected or maintained on or about such Lot or any portion of
any improvement thereon. No mast, tower, antenna (other than a
television antenna), or similar structure shall be erected or
maintained on or about any Lot or any portion of any improvement
thereon except with the approval of the Architectural Control
Committee. Any mast, tower, antenna or similar structure installed
or maintained in violation or the foregoing restrictive provision
shall not be deemed to comply with these restrictions by virtue
of the completion thereof without commencement of suit to enjoin
work, the provisions of this subparagraph to the contrary notwithstanding.
- The Architectural
Control Committee and its representatives shall have the right
to inspect the work referred to in subparagraph (l) from time
to time prior to its completion. The Committee shall have the
authority to order an abatement of such work to the extent it
fails to conform to the plans and specifications approved by the
Committee.
- Easements
are reserved as shown on the recorded map of the Subdivided Property,
and in addition, within and adjacent to the rear line of all Lots,
easements five (5) feet in width are hereby provided for and reserved.
In the event the original boundaries of a Lot are changed, said
five-foot easements shall be located within and adjacent to the
new rear Lot line. Said easements may be used for the purpose
of installing and maintaining sanitary and storm sewers, gas and
water pipe lines and electric power and telephone lines, and drainage
facilities. Within these easements, no structure, planting or
other materials shall be placed or permitted to remain which may
damage or interfere with the installation and maintenance of utilities,
or which may change the direction of flow of drainage channels
in the easements, or which may obstruct or retard the flow of
water through drainage channels in the easements. The easement
area of each Lot and all improvements in it shall be maintained
continuously by the Owner of the Lot, except for those improvements
for which a public authority or utility company is responsible.
- As used herein,
the term "setback area" shall mean the larger of the following:
- The area
bounded by the front street Lot line, the front setback line
established by the applicable ordinance, and the portions of
the Lot lines connecting said lines;
- The area
bounded by the front street Lot line, a line that (a) is parallel
to the front setback line established by ordinance and (b) touches
the residential structure located on the Lot at its point closest
to the front Lot line, and the portions of the Lot lines connecting
said lines.
With
respect to any corner Lot, the term "setback area" shall include
the side street setback area which shall be determined by applying
the definition above set forth, with the word "side" substituted
for the word "front" wherever it appears therein.
- No building
on a Lot shall be located nearer to the front Lot line or nearer
to the side street line than the minimum building setback lines
shown on the recorded subdivision map. In any event, no building
on a Lot shall be located nearer than twenty (20) feet to the
front Lot line or nearer than twelve and one-half (12-1/2) feet
to any side street line. No building on a Lot shall be located
nearer than five (5) feet from any interior side Lot line. No
dwelling shall be located nearer than fifteen (15) feet from rear
Lot lines on interior Lots. For the purposes of this subparagraph,
eaves, steps and open porches shall not be considered as a part
of a building, provided, however, that this shall not be construed
to permit any portion of a building on a Lot to encroach upon
another Lot.
- Architectural
Control Committee.
- There shall
be an Architectural Control Committee (hereinafter called the
"Committee") which shall have the authority to perform the functions
set forth in Paragraphs 4(e), 4(l) and 6 of these restrictions.
- Grantor or
its nominee shall have the power to appoint the Committee and
to change the membership thereof, and, in the event of death or
resignation of any member of the Committee. to appoint successors,
until the earliest of the following dates:
- at such
time as ninety percent (90%) or more of the Lots then designated
on any recorded subdivision map or maps covering any part of
the property described in Exhibit A are owned by persons other
than Grantor (or its related successors in interest), or
- on December
31, 1975, or three (3) years from and after the date of the
last Final Subdivision Public Report issued by the Division
of Real Estate of the State of California and covering any part
of the property described in Exhibit A (whichever is later);
thereafter
the then Owners of fifty-one percent (51%) of such Lots shall have
the right by a duly recorded written instrument signed and acknowledged
by such Owners to appoint the Committee and change the membership
thereof, or to withdraw from the Committee or restore to it any
of its powers and duties. Any amendments to this Paragraph 5 shall
be effective only if accomplished in the manner provided for in
Paragraph 10 (b) hereof. Grantor hereby appoints, as first members
of the Architectural Control Committee John C. Mackay, R. H. Walter,
and L. E. Newman. The acts of such Committee shall be by a majority
vote, and by such vote the Committee may designate a representative
to act for it.
- Damage to or
Destruction of Improvements.
If,
following damage or destruction by fire or other casualty affecting
any improvement upon a Lot, the Owner thereof elects to repair or
reconstruct the same, such repair or reconstructions shall be subject
to the provisions of subparagraphs (l) and (m) of Paragraph 4 hereof.
- Rancho Santa
Teresa Swim and Racquet Club.
- Each beneficial
Owner (as distinguished from a security owner) of a single family
residential unit on the property described in Exhibit B hereto
(as Exhibit B shall from time to time be amended), other than
Grantor, shall, in accordance with and subject to the laws of
the State of California governing non-profit corporations, be
a proprietary member of Rancho Santa Teresa Swim and Racquet Club,
a corporation organized and incorporated pursuant to the General
Non-profit Corporation Law of the State of California on October
13, 1966, and there shall be no other qualification for such membership,
provided that if any such single family residential unit shall
be owned by two or more persons, only one of such persons, as
they may elect, shall be a member. Each such person shall, in
accordance with and subject to the laws of the State of California
governing non-profit corporations, have all of the rights and
privileges of a proprietary member in accordance with the by-laws
of said nonprofit corporation, on filing with the Secretary of
said non-profit corporation proof of his qualification therefor,
and on payment of any dues or assessments then payable. All dues
and assessments, in the amount fixed as provided in said by-laws,
shall accrue and be payable by such proprietary member from the
date title to such residential unit is conveyed to him or the
date on which he first occupied such unit, whichever is the earlier,
and all dues and assessments, if not paid within thirty (30) days
after the same becomes due and payable, shall, upon the recording
at any time thereafter of a claim of lien by said non-profit corporation,
be and become a lien on the said proprietary member's residential
unit, and said non-profit corporation shall then have the right
to enforce the payment of said dues and assessments in accordance
with the laws of the State of California governing foreclosure
and enforcement of liens. If and in the event that any proprietary
member of said Rancho Santa Teresa Swim and Racquet Club shall
be the beneficial owner (as distinguished from a security owner)
of more than one single family residential unit on the property
described in Exhibit B hereto (as Exhibit B shall from time to
time be amended), such proprietary member shall have the rights,
privileges and obligations of a proprietary member with respect
to each such unit so owned, and each such unit owned shall be
subject to the lien provided for in this paragraph, to the end
that the rights privileges and obligations of such proprietary
member shall be the name as though such member held a separate
proprietary membership for each such unit so owned.
- Nothing contained
in this Paragraph 7 shall impair or defeat the lien of any Mortgage,
but title to any property subject to this Paragraph 7 obtained
through sale in satisfaction of any Mortgage shall be free of
the lien created by this Paragraph 7 for all charges that have
accrued up to the time of such sale, but subject to the lien created
by this Paragraph 7 for all charges accruing thereafter.
- The word
"Grantor", as used in this Paragraph 7, shall have the same meaning
as in Paragraph 8, below.
- Rights of Grantor.
As
used in this paragraph, the work "Grantor" shall be deemed to include
Triad Construction Co., a California corporation and U. S. Constructors,
a California corporation, Joint Venturers doing business under the
name Rancho Santa Teresa Joint Venture, and any successor in interest
holding title for the purpose of construction and sale of residences,
and the representatives of Grantor and any such successor. Grantor
has undertaken or will undertake the work of constructing residences
and incidental improvements upon Lots located upon the Subdivided
Property. The completion of that work and the sale, rental and other
disposal of said residences is essential to the improvement of said
property. In order that said work may be completed as rapidly as
possible, nothing in this declaration shall be understood or construed
to:
- Prevent Grantor
from doing on said property or any part thereof whatever is reasonably
necessary or advisable in connection with the completion of said
work;
- Prevent Grantor
from erecting, constructing and maintaining on any part or parts
of said property owned or controlled by Grantor such structures
as may be reasonable necessary for the conduct of its business
of completing said work and of disposing of the said property
in parcels by sale, lease or otherwise, including without limiting
the generality of the foregoing, model homes and tract construction
and sales offices:
- Prevent Grantor
-from conducting on any part or parts of said property owned or
controlled by grantor its business of completing said work and
of disposing of said property in parcels by sale, lease or otherwise;
or
- Prevent Grantor
from erecting, constructing and maintaining such sign or signs
on any Lot or Lots owned or controlled by Grantor as may in the
sole judgement of Grantor be reasonable necessary for the purpose
set forth in this paragraph.
Any
amendment to this paragraph shall be effective only if accomplished
in the manner provided for amendment of Paragraph 10(b) hereof.
- Interpretation.
The
provisions of this declaration shall be liberally construed to effectuate
their purpose of creating a uniform plan for the subdivision and
improvement of the Subdivided Property. Failure to enforce any provision
hereof shall not constitute a waiver of the right to enforce said
provision or any other provision hereof.
- Amendment.
- (a) Except
as otherwise provided herein, the provisions of these restrictions
may be amended by an instrument in writing signed and acknowledged
by the holders of record title to at least ninety percent (90%)
of the Lots which are immediately prior to recordation of such
instrument, subject to these restrictions, which amendment shall
be effective upon recordation in the Office of the Recorder of
the County of Santa Clara.
- Except as
other wise provided herein, the provisions of these restrictions
may also be amended by an instrument in writing signed and acknowledged
by Grantor (or Grantor's nominee) and by the holders of record
title to at least a majority of the Lots which are, immediately
prior to recordation of such instrument, subject to these restrictions,
which amendment shall be effective upon recordation in the Office
of the Recorder of the County of Santa Clara.
- Notwithstanding
any provision of these restrictions to the contrary, Grantor (or
Grantor's nominee) shall have the right to amend Exhibit B from
time to time by addinc3 thereto a description of any portion of
the real property described in Exhibit A then owned by Grantor
(or its nominee). Such amendment if recorded prior to December
31, 1975, or within three years from and after the date of the
last Final Subdivision Public Report issued by the Division of
Real Estate of the State of California and covering any part of
the property described in Exhibit A (whichever is the later) shall
not require the consent of any Owner other than Grantor, or of
any Mortgagee, and shall be effective upon the recordation in
the Office of the Recorder of the County of Santa Clara of an
instrument setting forth said amendment which has been executed
and acknowledged by Grantor or Grantor's nominee. Any amendment
to this subparagraph (b) of Paragraph 10 shall be effected only
by an instrument in writing signed and acknowledged by Grantor
and by the holders of record Title to at least ninety percent
(90%) of the Lots subject to these restrictions and by all Mortgagees
holding mortgages on any part of the real property described in
Exhibit B, as amended from time to time. Any such amendment to
this subparagraph (b) of Paragraph 10 shall be effective upon
recordation in the Office of the Recorder of the County of Santa
Clara.
- Termination
of Restrictions.
These
covenants, conditions and restrictions shall continue for a period
of thirty-five (35) years following the date of this declaration
and shall be automatically extended for successive periods of ten
(10) Years unless an instrument executed and acknowledged by the
Owners of a majority of the Lots located in the Subdivided Property
has been recorded revoking this provision for automatic extension.
- Severability.
The
provisions hereof shall be deemed independent and severable, and
the invalidity or partial invalidity or unenforceability of any
one provision or portion thereof shall not effect the validity or
enforceability of any other provision hereof.
- Subordination.
Nothing
contained in the restrictions shall defeat, impair, or render invalid
the lien of any Mortgage or Deed of Trust made in good faith and
for value as to the premises subject to these restrictions or any
part thereof, but these restrictions shall be binding upon and effective
against any Owner of said premises or any part thereof whose title
thereto is required by foreclosure, Trustee's sale or otherwise.
- Waiver of Breach.
No
waiver of the breach of any covenant or restriction herein contained,
shall be a waiver of any succeeding breach of the same or any other
covenant or restriction.
Dated this 10th
day of October. 1966.
ATTEST: TRIAD
CONSTRUCTION CO.
/s/ Don Balensiefer
By /s/ John C. Mackay
Secretary
ATTEST: U. S.
Constructors
/s/ L. L. Gordon
By /s/ R. H. Walter. -President
L. L. Gordon.
Asst. Secretary R. H. Walter, President
(Acknowledgements)
CONTINENTAL
AUXILIARY COMPANY, a California corporation, as Trustee, hereby approves,
consents to and joins in the execution of the foregoing instrument.
CONTINENTAL AUXILIARY
COMPANY
By /s/ P. Macdonald
Its Agent
(acknowledgement)
------------------------------------------------
EXHIBIT
A
A
parcel of land situated in the City of San Jose, County of Santa Clara.
State of California, described as follows:
All
of Lots B, G, H and I and a portion of Lots C and L and a portion
of a Lane (30 links wide) as said Lots and Lane are shown upon that
certain map entitled. "Map Accompanying the Report of the Sole Referee
in Ygnacio Bernal et al, vs. Rufina Bernal de Gulnac, et al", which
map was filed with the Decree of Partition had in District Court of
the State of California, In and For the County of Santa Clara, in
the Action of Ygnacio Bernal, et al, vs. Rufina Bernal de Gulnac et
al, Case No. 5643, a certified copy of which was filed in Book 54
of Deeds at page 86, Santa Clara County Records, and being more particularly
described as follows:
BEGINNING
at a brass pin found in the centerline of Cottle Road, as said Road
is shown on said Map, at the Northwesterly corner of said Lot B; thence
from said point of beginning along the Northerly line of said Lot
B, South 89° 46' 40" East 1909.63 feet to a 4" X 4" post found
at the Northeasterly corner thereof; thence along the Easterly line
of said Lot B, South 0° 02' 05" East 101.64 feet to an iron pipe
set at the point of intersection thereof with the Westerly prolongation
of the Northerly line of said Lot G; thence along said Westerly prolonged
line and said Northerly line and along the Northerly line of said
Lot 1, South 89° 49' 03" East 1075.09 feet to an iron pipe set
at an angle point in the Northerly line of said Lot 1; thence along
the Northeasterly line of said Lot 1, South 52° 48' 05" East
651.47 feet to an iron pipe set at the Northeasterly corner thereof;
thence alone the Easterly line of said Lot 1, South 0° 03' 21"
East 1336.49 feet to a 4" X 6" post found at the Southeasterly corner
thereof in the Northerly line of said Lot L; thence along said Northerly
line. South 89° 45' 32" East 756.06 feet to a 4" x 4" post found
at the most Easterly corner of said Lot L; thence along the Southeasterly
line of said Lot L, South 37° 06' 11" West 1066.49 feet to a
4" X 4" post found at the most Easterly corner of that certain 37.80
acre tract of land conveyed by Henry W. Edwards to Ygnacio Bernal
by Deed recorded October 7, 1884 in Book 75 of Deeds at page 457,
Santa Clara County Records; thence along the Northerly lines of said
37.80 acre tract the three following courses and distances; North
89° 45' 26" West 1665.77 feet to a 1" iron pipe found; North
0° 11' 27" West 277.63 feet to an iron pipe set and North 89°
45' 52" West 1948.93 feet to an iron pipe set in said centerline of
Cottle Road at the Northwesterly corner of said 37.80 acre tract;
thence along said centerline being the Westerly line of said Lot C
and said Lot B, North 0° 03' 00" West 2402.79 feet to the brass
pin at the point of beginning of this description, containing 205.719
acres and being a portion of Lot 41 of Santa Teresa Rancho.
---------------------------
EXHIBIT
B
That
certain real property located in the City of San Jose, County of Santa
Clara. State of California, described as follows:
All
of the lots shown upon that certain Map entitled "TRACT NO. 4046 RANCHO
SANTA TERESA", which Map was filed for record in the office of the
Recorder of the County of Santa Clara, State of California, on November
15, 1965, in Book 202 of Maps, at pages 28, 29 and 30, excluding and
excepting therefrom all of lots 1, 203 and 204 as shown upon said
Map.
I hereby certify
that the foregoing instrument
is a true and
correct copy of the recorded original.
VALLEY TITLE COMPANY
OF SANTA CLARA
COUNTY
By /s/ Don
Edwards
End
of Rancho Santa Teresa Swim and Racquet Club
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
HTML Document Revised: June 11, 2000 by Donald R.
McRoberts