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Declaration of Establishment of Conditions and Restrictions 2000-0503407And when recorded mail to: City Clerk CITY OF POWAY PO Box 789 Poway CA 92074 No transfer tax due /o~e f q6 ! - 3205 DOF It 2000-050,3407 8EP 20, 2000 11:09 AM FF OlAL EC SAN. DIEG U~?Y REOO 'S OFFICE GREGORY WITH, COU RECORDER ~E: 2. DECLARATION OF ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS THIS DECLARATION made this iq'7~ day of September, 2000, by Mohling Hoyt Partners, a California G ?, hereinafter referred WITNESSETH: WHEREAS, Declarant is the Owner of the real property described as: Lots 1 through 4 inclusive of City of Poway Tract No. / ~> q ; in the City of Poway, County of San Diego, State of California, according to Map thereof No. TPM 97-14, recorded ~ - I 6] 2000, filed in the Office of the County Recorder of San Diego County and more particularly described in Exhibit A to this Declaration; WHEREAS, this Declaration supersedes and fully replaces the Document entitled "DEED RESTRICTIONS", (Book 7187, Page 202), dated May 22, 1958 and filed with the County Recorder of San Diego County, State of California on July 29, 1958 as Document No. 121786; WHEREAS, Declarant d ~ject said property to the following conditions and for the benefit of said property and its present and subsequent Lot Owners and their occupants and guests; WHEREAS, D ts to sell the above described property, restricting it in accordance with a common plan designed to preserve the value and residential qualities of the land, for the benefit of its t WHEREAS, the power to enforce said conditions and is to reside in the Declarant, its and assigns, and, after the sale of the each undeveloped lot, in the future Lot Owners. Owners of Lots 1 through 3 inclusive, plus the Owners of any future annexed parcel, shall each have the right of th [this power. 'Lot 4 is expressly excluded from having any voting rights or power of enfomement. NOW, THEREFORE, Mohling Hoyt Partnership hereby declares that the property described in ARTICLE I hereof is and shall be held, conveyed and occupied subject to the conditions and set forth in this Declaration, that said conditions and [1 run with the land and will be binding on all parties having or acquiring any right the property and will inure to the benefit of all of th :1 the ! :1 residents of the property. ARTICLE 1 PROPERTY SUBJECT TO THIS DECLARATION The real property subject to this ' known as City ofPoway TPM 97-14,, and is situated in the City of Poway, County of San Diego, State of California, and is more particularly described above. "Lot or Parcel" as used herein shall be deemed and construed to portion of said real property hip; and "building site" as used herein shall be deemed and construed portion of said real property sufficient in area for the use and occupation of a dwelling house and outbuildings of the character and size hereinafter required. ARTICLE II INTENT OF CONDITIONS AND RESTRICTIONS Of the 73.3 acres of real property subject to this D [2 acres per parcel, will be developed in accordance with the City of Poway Habitat C Plan. Th ' the intent of these conditions, and to assure a quality residential community in harmony with the extraordinary of the surrounding property, which has been preserved as permanent open space for the of our natural heritage; to protect the quiet enjoyment of each owner's lot and residence; and to promote site planning and design with a respect for nature that carries over into the residence and adjoining landscape. ARTICLE III USE CONDITIONS AND RESTRICTIONS Section 1. Residential Use. No part of any Lot shall be used for other than private single-family dwelling p ~ accessory uses. The foregoing hall not, however, be construed in such prohibit a Lot C undertaking any other activity thereon when such activity has been expressly approved in advance by the [' all Lot Owners, such activities being hereby expressly declared to be accessory uses. Section 2. Home-Based Business. Any Lot Owner may establish and operate a home-based business if said business complies with all Codes and Ordinances of the City of Poway and does not otherwise increase traff y other disturbance within the property or to other Lot Owners, nor · her provision of tic Section 3. M ' of their dwelling units and th I by Owner. Individual Lot Owners shall be responsible for the all imf: on their Lots, including the exteriors and apl: :1 :lition. The Owner of each Lot shall: (a) keep the same free fi.om rubbish, litter and noxious weeds; (b) maintain, cultivate and keep in good condition and repair shrubs, trees, grass, lawns, plantings, and other landscaping located or fi.om time to time placed upon the Lot, including those in areas between Lot lines and the street curbs, if any; (c) be responsible for all landscaping and irrigation fronting their property, trim and restrain all trees, shrubs, or planting of any kind so that they shall not be allowed to overhang or otl~ h upon above or below any road, access and utility driveway; (d) maintain in good condition and repair and adequately paint or otherwise finish all structures and buildings located or from time to time placed upon the Lot; (e) I paved :1 keep tl~ 91y dry and free ofoil and otl~ :1 (f) maintain fire breaks in accordance with the City of Poway's brush ' Jelines. 2 ' 3207 The Owner of each Lot shall preserve the rural character of the native landscape adjacent to Running Deer Trail: (a) the first 40 feet from the centerline of the road along each lot frontage shall consist of plants and materials that are compatible in cl~ a the surrounding natural (low-fuel and naturalized plants, boulders, decomposed etc.) only and (b) 1 landscaping imf: shall be maintained in a manner that respects the natural setting of the property. Section 4. Signs. No sign or billboard of any kind (including but without limitation or political signs) shall be displayed to publ' ~, Lot, except for (a) directional signs established by the Declarant; (b) such signs as may be required by legal proceedings; (c) residential name and address signs of a combined total face area of four (4) square feet or less for each Lot; (d) during the time of of any residence or other improvement, one job identification sign not larger than eighteen by twenty-four inches in height and width and having a f larger than three square feet; and (e) not more than one "For Sale" sign having face area of three square feet. Section 5. Obnoxious and Offensive Activities. No ok ~fensive activity shall be carried on upon any Lot or any part of thc properties, nor shall anything be done thereon which may bc or may y he neighborhood. (A) Noise. E I xich detrimental to his or her life, l~ealth or enjoyment of property. The making ~ which is prolonged or unusual in its time, place, use or effect, is a detriment to the health, comfort, safety, welfare or prosperity of each Lot Owner. Lot Owners and residents and guests are to ensure th ls they loud that they unreasonably extend beyond the their individual property lines. With the exception of residential security devices, no Lot Owner, nor their residents or guests, shall install permanent, temporary or mobile basis, any speaker or other sound-producing transducer or other device designed or intended to be, or consequentially, heard outdoors. Further, pursuant to the City of Poway Municipal Code, it is unlawful for any person to make, continue, or cause to be made or continued any disturbing, excessive or offensive noise which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area. (B) Lighting. No person shall make, continue or cause to be made or continued, any disturbing, excessive or offensive glare from light fixtures across property lines which causes discomfort or annoyance to reasonable persons of normal sensitivity residing in the area. Section 6. Temporary Structures. No building or structure of a temporary character, trailer, tent, shack, garage, barn, stable or other outbuilding shall be used on any Lot at any ' dence, either temporarily or permanently. No trailer, camper, boat, vehicle or similar equipment shall be permitted to remain upon any Lot, unless placed or maintained within an enclosed garage or solid-fenced area. Notwithstanding the provisions of this Section, the Lot Owner may construct and maintain temporary buildings, structures and vehicles on the properties for use only during All such buildings, structures and vehicles shall be removed no later than the completion of th for which such building aicl t or placed upon the properties. Section 7. Vehicles. No mobile home, trailer of any kind, truck, camper, boat or motor vehicle shall be kept, placed 1, constructed I, or repaired upon any L ~ be visible from neighboring prol: ts. No stripped down, partially wrecked or junked mobile homes, trailers, trucks, motomycles, campers, boats or motor vehicles, or sizable part thereof, shall be permitted to be parked on any street, road, easement or Lot in such be visible from other I 3 3208 Section 8. Fences. No fences, corrals (temporary or otherwise), sunshades, walls or hedges shall be erected or permitted Ul: ~ screens, awnings, Section 9. Power Lines. No power lines, wires, or other devices for the or of electric current or power shall 1: l, placed 1 anywhere in or upon any Lot, unless the same shall be contained in conduits or cables constructed, placed and maintained underground ~ t in, under or on buildings or otl~ Section 10. Debris and Outside Storage. All rubbish, trash, manure and garbage shall be regularly removed from the Lots and shall not be allowed to thereon. All clothes lines, refuse woodpiles, hay and feed storage and machinery and equipment shall be prohibited on any Lot, unless obscured from the view of adjoining t :ls and Section 11. Pests. No Owner shall permit any thing or condition to exist upon any portion of his Lot which shall induce, breed or harbor infectious plant d' Section 12. Grades, Slopes and Drainage. No Owner of any Lot shall in any manner, alter, modify or interfere with the grades, slopes or drainage on any Lot without the exg permission of the City of Poway Engineering Department and then only to the extent and in the manner specifically approved. No structure or other material shall be placed or permitted to remain on or within the slopes, nor shall any other activities be undertaken by any Lot Owner which may damage or interfere with established slope ratios, or sliding problems, or which may change the direction of flow of drainage ch ~ t the flow of water through drainage channels. Section 13. Residential C No building, : aall 1: t on any Lot without I: ' ~proval by the City of Poway of the plans and specifications therefor. Section 14. Use of Improvement During C Diligence in C No building, her imf ~on any Lot shall be occupied until tl~ >leted and approved for occupancy by the City of Poway. Any building, wall, fence, aer imlc nich is partially or totally destroyed, or damaged, by fire, earthquake or other, vise, shall be removed, repaired or replaced with' ~le time after such d damag t subject to the requirements of this by the then Owner or Owners of that portion of the Lot or Lots upon which the destroyed or damaged imF ' located. Section 15. Chemicals. No chemicals, except what is allowed by City of Poway Ordinance, are allowed to be stored on any Lot or Lots. No chemical so prohibited shall be used on or above any Lot. Section 16. Compliance with Laws. Each Lot Owner shall promptly comply with all laws, statutes, ordinances, rules and regulations of Federal, State, or Municipal G ~orities applicable to use and ~ and :1 [ any imF 3on the Lots. Section 17. Compliance with Private Rural Road M Agreement. Each Lot Owner shall comply with the Private Rural Road M ' Agreement entered into between Mohling Hoyt Partners, a California General Partnership, and the City of Poway and attached hereto, which is intended to provide for the and repair of the Private Rural Road serving the Property which is the subject of this Declaration. Section 18. The Property, including all buildings sites on ~t, ~s suojecr'to easements for erecting, g, ' ' g and operating public water services and public sewers; poles, wires and conduits for lighting, power, telephone, television and any other method of conducting and performing any public or quasi-public utility service or function beneath the ground; and open space of up to 4 acres per parcel, as such easements are more particularly set forth on the Map, or as they may hereafter be located and utilized by D Owners. Section 19. Livestock, including for such, shall not be located within the fi-ont ( t) setbacks or side yard setbacks between adjacent Lots. ARTICLE IV SCOPE AND DURATION OF CONDITIONS AND RESTRICTIONS All of the conditions and set forth in this Declaration are imposed upon the real property described in Article I for the direct benefit of the real property and ' part of a general plan of development, ' building, occupation and hereby or in any supplement to this topted therefor by t said conditions and aall nm with the land and be in full force and effect, except as hereinafter provided. D ?, at any time prior to the sale of the last undeveloped lot(s) modify or amend any of the 1: ' ' r this Declaration with the approval of the Owners of the sold lot(s) by in writing duly recorded in the Office of the Recorder of San Diego County, California. ARTICLE V VIOLATION OF CONDITIONS AND RESTRICTIONS Section 1. The I: ' ' ~ this Declaration will nm with the land and will be binding on all parties (and their ~ having or acquiring any right, title or interest in the real property described in Article I. D Lot C ting any bona fide purchaser und ~e event of a breach of any condition or restriction of this Declaration or a of any such breach, may by appropriate legal proceedings take steps to enjoin, al~ ly the breach. It is agreed that damages tequate remedy for the breach. Section 2. Every act or omission tl: ' ' ' whole or in part any of the cond in this Declaration is declared to be and a nuisance, and every remedy allowed by law or equity ag either public or private, will be applicable and may be exemised by any Lot Owner. Section 3. The remedies provided in this for breach of the conditions [ the remedies will be deemed exclusive. are Section 4. A breach of the conditions contained in this Declaration will not affect or impair the lien or charge of any bona fide mortgage or deed of trust made in good faith and f any building site; provided, however, that any subsequent Owner of such property will be bound by the conditions and of this Declaration whether that owner's title was acquired by f or trustee's sale or otherwise. A lender who acquired title by f or deed in lieu of foreclosure or [e will not be obligated to cure any breach of the cond nat occurred before that acquisition of title but will be bound thereaRer by the conditions and [ this Declaration. 5 -- 3210 Section 5. The ' ' of this will inure to the benefit of and be by Declarant, Declarant's and assigns and Lot Owners and each of their legal rep heirs, ' ~s. The failure to enforce any this will not at to enforce thereafter. In any legal proceeding begun I: enf ' ' [any provision of this Declaration, the losing party or 12 pay the attorneys' fees of the winning party or parties in the amount fixed by the court in the proceeding. Any right reserved by Declarant in this Declaration is also reserved to Declarant's or any entity ARTICLE VI ASSIGNMENT BY DECLARANT Any or all of the rights and powers and ~Declarant 1~ t may be assigned to any other or which is now organized or which may hereafter be organized and which will assume the duties of Declarant hereunder pertaining to the 12 ,ts and powers and assigned; and upon any such or evidencing its consent in writing to accept such assignment and ~ duties, it shall, to the extent of such assignment, have the same rights and powers and be subject to the same obligations and duties as are given to and assumed by Declarant herein. ARTICLE VIi GENERAL PROVISIONS Section 1. All questions of or of any of the terms or provisions of this Declaration will be resolved by the 13 after the sale of any of the Lots, by the of the Owners of the three residential parcels and that decision will be final, binding and 1 parties affected. Section 2. If any provisions of this Declaration are held to be invalid or unlawful by the final judgment of a Court of competent jurisdiction, that invalidity or illegality will not affect the validity of any other 1: ' ' [' th' Section 3. Neither Declarant nor any Owner may directly or indirectly forbid the conveyance, encumbrance or occupancy of the Owner's lot to any person on the basis of race, color, sex, religion, ancestry, national origin, disability or other prohibited basis. IN WITNESS WHEREOF, Declarant has executed this 13 date first al~ DECLARANT MOHLING HOYT PARTNERSHIP, a California General Corporation ~ger A~ohling. ~ BY: Ga~~ ~ Date: Date: 3211 STATE OF COUNTY OF , On ~ , /~'~. before r a N~tary Public ' State, (or proved to me on the basis of evidence) to be the person(s) whose name(s) the within instrument and to me executed the same in and that by on the person(s), upon behalf of which the person(s) acted, executed the WITNESS my hand and official seal, 3212 Parcels 1 through 4, in the city of according to P~rcel Map no. 185 County, 9-19-2000. oway, county of San Diego, State of California, filed in the office of the county recorder of San Diego