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.
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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
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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.
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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