This Declaration is made and dated this 1st day of August 1979, by Standard Pacific-Northern. California, a California corporation, hereinafter referred to as "Owner". Said Corporation is the Owner of that certain real property situate in the City of Richmond, County of Contra Costa, State of California, and is more particularly described as follows:
Lots 1-124 inclusive, as said Lots are shown upon that certain Map
entitled, "TRACT 5170", which Map was filed for record in the Office of
the Recorder of the County of Contra Costa, State of California on
January 30, 1980 at __________ in Book __234__ of Maps, at paqes
47 - 58 , Contra Costa County Records.
Owner hereby establishes the general plan for the protection of said real property and fixes the protective conditions and restrictions subject to which all lots described above shall be held, leased or sold and/or conveyed by it as such owner, and shall inure to and pass with said real property, for the benefit of said successors in interest of the present owners and are imposed upon said realty as a running covenant and as an equitable servitude in favor of each property and each and every lot as the dominant tenement or tenements as follows:
1. Land and Use and Building Type
All lots in said tract of land shall be known and described as single family residential lots. No structures or structure shall be erected, placed or permitted on any lot or portion thereof other than one detached single family dwelling, not to exceed two and one-half stories in height with private garage for not more than three cars. The word “lot" herein used, refers to one or more of the numbered lots, as delineated upon the map or tract within which the above described real property is located.
2. Dwelling Cost, Quality and Size
No residential dwelling shall be permitted on any Lot at a cost of less than $35,000.00 based upon levels prevailing on the date these covenant are recorded, it being the intention and purpose of the covenants to assure that all dwelling shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at. the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one story open porches and garages shall not be less than 1200 square feet for a one story dwelling, nor less than 780 square feet for a dwelling of more than one story.
3. Building Location
(a) No building shall be located on any lot nearer than 20 feet to the front lot line, or nearer than 10 feet to any side street line, or 20 feet to the real lot line; (b) No building shall be located nearer than 5 feet to the interior lot line; (c) For the purpose of this covenant, eaves, steps, open porches shall not be considered as 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. No fence, wall or hedge shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line.
4. Lot Area and Width
No dwelling shall be erected or placed on any lot having a width of less than 40 feet at the minimum building setback line nor shall any dwelling be erected or placed on any lot having an area of less than 9, 000 square feet.
Easements for the installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat. 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 or flow of drainage channels in the easements or which may obstruct or retard the flow of water through drainaqe 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 the public authority or utility company is responsible. There shall be no grading, tree removal, construction of fencing or structures of any type in the areas shown as scenic easements on the recorded plat.
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
7. Commercial Vehicles
No vehicles shall be kept or stored upon any of said lot other than those vehicles primarily and currently used for transportation of persons other than for hire, unless it be kept or stored in an enclosed garage when not in use. No such vehicle owned or in the possession or under the control of any resident in said subdivision shall be parked overnight on any street within said subdivision.
8. Temporary Structures
No structure of a temporary character, trailer, basement, tent shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence other temporarily or permanently, provided that a temporary office, trailer office, tool shed, lumber shed and / or sales office may be maintained on any lot or lots by any building contractor for the purpose of erecting and selling dwelling on any lot or lots, but such temporary structure shall be removed at completion of construction. No trailer or boats of any type or size shall be kept or stored nearer than 25 feet from any street property line for a period of time exceeding forty-eight (48) hours, unless within a garage.
No sign of any kind shall be displayed to the public view on any lot, except the professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a building contractor to advertise the property during the construction and sales period.
10. Oil and Mining Operations
No oil drilling, oil development operations, oil refining quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall well tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structures designed for use in boring for oil or natural gas shall be erected maintained or permitted upon any·lot.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose.
12. Garbage and Refuse Disposal
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 the storage of such material shall be kept in a clean and sanitary condition.
13. Sight Distance at Intersections
No fence, wall, hedge, or shrub planting which obstructs sight lines at elevations between 2 and 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 25 feet from intersection of the street lines, or in the case of rounded property corners from the intersection of the street lines extended. 'l'he same sight line limitations shall apply on any lot within 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 line.
14. No Access
There shall be no direct access from Lots 1 - 5 or 7 - 11 inclusive onto Castro Ranch Road.
15. Architectural Control
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 Architectural Control Committee is composed of B. Langenberg, L.C. Livingston, and M.B. Gordon, all located at 6990 Village Parkway, Dublin CA 94566.
A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee nor its designated representative shall be entitled to any compensation for service performed pursuant to this covenant. At any time the then record owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.
The committee's approval or disapproval as required in these covenant shall be in writing. In the event the committee, or its designated representative, fails approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deem to have been fully satisfied.
These covenants are to run with the land and shall be binding on all part and all persons claiming under them for a period of thirty-five years from the date these covenants are recorded after which time said covenants shall be automatically extended for successive periods of 10 years, unless an instrument signed by a majority of the then owners of the lots has been recorded agreeing to change said covenants in whole or in part.
Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages.
It is further provided that a breach of any of the conditions contained herein or of any reentry by reason of such breach, shall not defeat or render in the lien of any mortgage or deed of trust made in good faith and for value as to said premise or in any part; but said conditions shall be binding: upon and effective against the owner of said premises, whose title thereto is acquired by foreclosure, trustee's sale or otherwise.
Invalidation of any one of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect.
In witness whereto, the undersigned have hereunto set their hand and seal the day and year first hereinabove written.