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HomeMy WebLinkAboutSUMMERWIND111111111111111111111111111111111 *NEW FILE* Summerwind [LOTS P/ �' PZ OFf3GG�5C .53/ E -LOTS / 9 L Df BcoC,r G,�i E,-9SE�E.fiT 5'i3',9LC BE Q'�U/OE.� u%/iCs G07 BE,vi�irS By CAr2�t/�-9T/O�t/ Al/Ert/l/E a4e+Z/A BLOCSK$__531 & 631 EXHIBIT "La CORONA DEL MAR /TYPICAL AvEy�� a m m ,�v. S-Zl-ids rY OF NEWPORT BEACH Phone - ---- ILDNiG DEPARTMENT Permit 640-2139 . TRACT NO. Alz CONSTRUCTION PERMIT Inspection 640.2161 LOT NO. I' BLDG. NO. Q Project Address 08 Carnatim,Corcna del Mar TYPE OF CONSTRUCTION_ Owner Stmmer Wind a Cal. Phone 'J —37 C NEW N ADD ❑ ALTERATION Address 242'W,Main 2'Q,ctin REPAIR ❑ CONVERSION ❑ DEMOLISH v ArchlEng, icense No. ❑OTHER DESCRIPTION OF WORK AMT r Address 155 Side Dr del Mar Contractor Phon Address 242 W.MainSt. Tustin CA 92680 TYPE OF PERMIT LICENSED CONTRACTORS DECLARATION ❑ GRADING ❑ FOUNDATION ❑ STRUCTURAL t hereby affirm that 1 am licensed under provisions of Chapter 9 (commencinp with section 70001 of Division 3 of the Business antl Professions Cotle, antl ❑ TENANT EB ELECTRICAL IR PLUMBING ❑ MECHANICAL my license is,m full force and effect, License Class B -License No. 408580 OTHER Contractor Rf llpr T)PT.-C-C'O Tnn_Date 4-19—RE PROJECT DESCRIPTION a- WORKERS' COMPENSATION DECLARATION SQ. FT, I hereby affirm that I have a certificate of consent to self -insure, or a cer- tificate of Workers' Compensation Insurance, Ora certified copy thereof (Sec- OCCUPANCY_CONSTRUCTION TYPE hon 3800, Lab. C.). VALUATION $9f 000 ZONE Policy I-84-076423 Comps GRADING CU. YDS. ACRES �t QThis ` v ❑ Certified copy is hereby furnished. - Certified cop is bled with the 8m - Date 3-19- 5 Applica t CERTIFICATE OF EXEMPTION Fp <ERS' COMPENSATION WSURAN section need not be completed if t e per is for one hundred dollars I $ 100) or less). I certify that in the performance of the work for which this permit is issued, 1 shall not employ any person in any manner so as to become subject to the Workers' Compensation Laws of a ifOrnia. Date Applicant PLUMBING BATHTUBS TOILETS LAVATORIES IGARRAI WO DIIEFOS LAUNORY TRAY OI WASHING MACHIN NOTICE TO APPLICANT: If, after making this certificate of exam lion, you should become subject to the Workers' Compensation provisions of the Labor Code, you must forthwith comply with such provisions or this permit shall be FLOOR SINKS WATER SOFTI deemed (evoked. CONSTRUCTION LENDING AGENCY I hereb affirm that there is a construction lendingg agencyy for the erform- Once a the work for which this permit is issued ISec. 3097. Cw. L1. RESIDENTIAL LAWN SPRINKLER; . WATER SERVI GAS SERVICE Lender's Name TTni nn Think Lender's Address 500 S.Main Oranrae 92668 WATER HEAT� OWNER-BUILDER DECLARATION I hereby affirm that I am exempt from the Contractor's License Law for the fminwinn maenn iSen. 7031 A Rusiness and Professions Code: Any city 0r I SEWER CONN ecwcn ennTinu A a PLAN CHECK SHOWERS URINALS DISHWASHEF FLOOR DR ALTERATION permit tattle a signed statement that he is licensed pursuant to the provisions of the Contractor s License Law (Chapter 9 f commencing with Section 7000) YLA-4 W of Division 3 of the Business and Professions Code) or that he Is exempt {r p therefrom and the basis for the alleged exemption. Any violation of Section 7031.5 by any applcant for a permit sub ects the applicant to a civil penalty of not more than (five hundred dollars I$ Do).)- ISSUE FEE [1 1, as owner of the properrym, or employees with wages as then sale MECHANICAL PLAN CHECK compensation, will do the work, and tKa structure is not intended or offered HEATING SYSTEM 0-100,000 BTU _ for sale (Sec 7044, Business and Professions Code: The Contractor's License Law does not spill to an owner of property who builds or Improves AND DUCTING 100,000 + BTU_ thereon and who does ON work himself or through his own employees,pro- REFRIGERATION 0-100,000 BTU _ vided that such improvements are not intended or offered for sale. If. however, the building or improvement is sold within one year of completion, the owner -builder will have the burden of proving that he did not build or im- SYSTEM prove for the purpose of sale.) - BOILERS BTU property, am y contracting with licensed ❑ I, as owner of the roe roj Sec. 70 Business and Professions contractors to construct the project ISec. SYSTEM REPAIR, ALTERATION property of apply owner of properry Code. The Contractor's License Law does not apply to EXHAUST SYSTEM MULTIPLE who builds or improves thereon, and who contracts for s is with a License aw.L. contractor(s) licensed pursuant to the Contractor's License Law.l. ❑ I am exempt under Section _, B. & P. C for this reason that IMOTOflS 10.-50 HP 50 o HP1 19 SERVICE 0-60OV-NOT OVER 200A - - SERVICE 0-600V-Over 200A SERVICE OVER 600V .� _ OTHER ISEE COMPLETE FEE SCHEDULE) ISSUE FEE PLAN CHECK VALIDATION' t at MO vises MTV PERMIT VALIDATION at Ma Us" WORKMUSTBIL ISSUE FEE - -- - - - f - I I ' V0381 538 1 114/01i 85 ED WITHIN A PERIOD OF 180 DAYS FROM THE DATE OF VALIDATION ORTHIS PERMIT BECOMES NULL AND VOID. e " ED COPY • ., it ,:1 l: uLi t'50t C0131parod tai`ch Origi r!C-6- *� RECORDING REQUESTED BY: AND, WHEN RECORDED, MAIL TO: MCKITTRICK, JACKSON, DeMARCO & PECKENPAUGH (JRS) 4040 MacArthur Boulevard Post Office Box 2710 Newport Beach, California 92658-8995 Recorded at the request of FIRST AMER. TITLE INS. Co. '-" MAY 21985 A M. 011le,dl ReCordf i�Orange Coounlly, �C�z,joorny C 7 'Y& ^—'v Ricordcr� (Space Above For Recorder's Use) DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS W91 SUMMER WIND n TABLE OF CONTENTS FOR DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR SUMMER WIND DESCRIPTION PREAMBLE ARTICLE I DEFINITIONS Section 1.01 Close of Escrow Section 1.02 Declaration Section 1.03 Dwelling Unit Section 1.04 Family Section 1.05 Grantor Section 1.06 Improvement Section 1.07 Lot Section 1.08 Mortgage Section 1.09 Mortgagee Section 1.10 Owner Section 1.11 Person Section 1.12 Project Section 1.13 Record, Recorded, or Filed Section 1.14 Streets ARTICLE II USE RESTRICTIONS Recordation PAGE NO. 1 2 2 2 2 2 2 2 2 2 3 3 3 3 3 3 Section 2.01 Single Family Residence 3 Section 2.02 Construction on Lots 4 Section 2.03 Signs 4 Section 2.04 Temporary Buildings 4. Section 2.05 Nuisances 4 Section 2.06 Animal and•Insect Restrictions 4 Section 2.07 Vehicles 5 Section 2.08 Business or Commercial Activity 5 Section 2.09 Trash 5 -i- 3376S/JRS/0209S/16858 klh/10-30-84 TABLE OF CONTENTS (Continued) DESCRIPTION PAGE NO. Section 2.10 No Hazardous Activities 6 Section 2.11 No Mining and Drilling 6 Section 2.12 Water and Sewer Systems 6 Section 2.13 Drainage 7 ARTICLE III EASEMENTS AND ENCROACHMENTS 7 Section 3.01 Utility Easements 7 Section 3.02 Access to Drainage Ways 7 Section 3.03 Side Yard and Walkway -Landscape Area Easements 7 ARTICLE IV LANDSCAPE, IRRIGATION, AND MAINTENANCE 10 Section 4.01 Maintenance of Landscaping 10 Section 4.02 Exterior Maintenance and Repair; 10 Owner's Obligations ARTICLE V TERMINATION, AMENDMENT, AND SEVERABILITY 10 Section 5.01 Termination and Amendment 10 Section 5.02 Severability 10 ARTICLE VI EXEMPTION AND RIGHTS OF GRANTOR 10 ARTICLE VII MISCELLANEOUS 11 Section 7.01 Enforcement 11 Section 7.02 Costs and Attorneys' Fees 11 Section 7.03 No Representations or Warranties 12 Section 7.04 Constructive Notice and Acceptance 12 Section 7.05 Insurance Obligations of Owners 12 Section 7.06 Interpretation 12 SUBORDINATION 14 EXHIBIT "A" - DIAGRAM OF SIDE YARDS EXHIBIT "B" - DIAGRAM OF WALKWAY -LANDSCAPE AREAS -11- 33765/JRS/0209S/16858 gem/04-19-85 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND RESERVATION OF EASEMENTS FOR SUMMER WIND THIS DECLARATION is made by SUMMER WIND, a California limited partnership, hereinafter referred to as "Grantor." P R E A M B L E: A. Grantor is the Owner of certain real property ("Project") located in the City of Newport Beach, County of Orange, State of California, more particularly described as follows: Lots 1 through 22, inclusive, in Block 531 of "Corona Del Mar" and Lots 1 through14 inclusive of Block 631 of "Corona Del Mar as shown on a Subdivision Map recorded in Book 3, Pages 41 and 42 of Miscellaneous Maps, in the Office of the Orange County Recorder. B. Grantor has deemed it desirable to impose a gen- eral plan for the improvement and development of all of the Lots (as hereinafter defined) located within the Project, and the creation of certain protective covenants, conditions, restric- tions, reservations, easements, equitable servitudes., and charges all running with the Project as hereinafter set forth. C. Grantor hereby declares that all of the Project shall be held, sold, conveyed, encumbered, hypothecated, leased, used, occupied, and improved subject to the following easements, restrictions, covenants, conditions, and equitable servitudes, all of which are imposed for the purpose of uniformly enhancing and protecting the value, attractiveness, and desireability of the Project in furtherance of a general plan for the protection, maintenance, subdivision, improvement, and sale of the Project, or any portion thereof. The covenants, conditions, restric- tions, reservations, easements, and equitable servitudes set forth herein shall run with the Project and shall be binding upon all Persons having any right, title, or interest in the Project, or any.portion thereof, their heirs, successors, and assigns, and shall inure to the benefit of every portion of the Project and any interest therein, and shall inure to the benefit of and be binding upon Grantor, its successors in interest, and each Owner (as defined herein) and his or her respective succes- sive Owners, and may be enforceable by Grantor or by any Owner. -1- 3376S/JRS/0209S/16858 gem/04-19-85 ARTICLE I DEFINITIONS Section 1.01. "Close of Escrow" shall mean the date on which a deed conveying any Lot is Recorded in the Office of the County Recorder of the County in which the Project is located. Section 1.02. "Declaration" shall mean this instru- ment as it may be amended from time to time. Section 1.03. "Dwelling Unit" shall mean a detached building located on a Lot and designed and intended for use and occupancy as a residence by a single Family. Section 1.04. "Family" shall mean (1) a group of natural Persons related to each other by blood or legally related to each other by marriage or adoption, or (2) a group of Persons not all so related, inclusive of their domestic servants, who maintain a common household in a Dwelling Unit. Section 1.05. "Grantor" shall mean SUMMER WIND, a California limited partnership, its successors, and any Person to which it shall have assigned any rights hereunder by an expressed written assignment. Section 1.06. "Improvement" shall mean all struc- tures and appurtenances thereto of every type and kind, includ- ing, but not limited to, buildings, outbuildings, walkways, sprinkler pipes, garages, carports, roads, driveways, parking areas, swimming pools and other recreational facilities, fences, screening walls, retaining walls,"stairs, decks, landscaping, hedges, windbreaks, plantings, trees and shrubs, poles, signs, and exterior air conditioning and water softener fixtures and equipment. Section 1.07. "Lot" shall mean any residential lot shown upon the Recorded Subdivision or Parcel map of the Proj- ect. Section 1.08. "Mortgage" shall mean any mortgage or deed of trust or other conveyance of a Lot to secure the per- formance of an obligation which will be reconveyed upon the completion of such performance. The term "Deed of Trust" or "Trust Deed" when used herein shall be synonymous with the term "Mortgage." -2- 3376S/JRS/0209S/16858 klh/10-30-84 Section 1.09. "Mortgagee" shall mean a Person to whom a Mortgage is made and shall include the beneficiary of a Deed of Trust; "Mortgagor" shall mean a Person who mortgages his or its property to another (i.e., the maker of a Mortgage), and shall include the Trustor of a Deed of Trust. The term "Trustor" shall be synonymous with the term "Mortgagor," and the term "Beneficiary" shall be synonymous with the term "Mort- gagee." Section 1.10. "Owner" shall mean the Person or Per- sons, including Grantor, holding fee simple interest of record to any Lot which is a part of the Project, excluding those Per- sons having such interest merely as security for the performance of an obligation, other than sellers under executory contracts of sale. For purposes of Article II only, unless the context otherwise requires, "Owner" shall also include the Family, guests, invitees, licensees, and lessees of any Owner. Section 1.11. "Person" shall mean a natural indi- vidual, a corporation, or any other entity with the legal right to hold title to real property. Section 1.12. "Project" shall mean that certain real property described in Paragraph A of the Preamble to this Dec- laration. Section 1.13. "Record," "Recorded," "Recordation," or "Filed" shall mean, with respect to any document, the recor- dation or filing of such document in the Office of the County Recorder of the County in which the Project is located. Section 1.14. "Streets" shall mean the streets in the Project shown on the Recorded Map of the Project. ARTICLE II USE RESTRICTIONS All real property within the Project shall be held, used, and enjoyed subject to the following limitations and restrictions, subject to the exemptions of Grantor set forth herein: Section 2.01. Single Familv Residence. Each Lot shall have a Dwelling Unit constructed thereon which shall be used as a residence for a single Family and for no other pur- pose; provided, however, that Lots 1 and 2 of Block 631 and Lots 21 and 22 of Block 531 shall each have a rental unit in addition to the Residence. -3- 33765/-RS;%0209S/16858 klh/10-30-a_4 Section 2.02. Construction on Lots. Except as provided in Section 2.01 hereof, no Dwelling Unit shall be erected, altered, placed, or permitted to remain on any Lot, other than one (1) detached single Family residence and a private garage. No construction on any Lot shall be commenced without prior written approval of the City of Newport Beach ("City") as applicable. Section 2.03. Signs. No sign, poster, billboard, advertising device, or other display of any kind shall be dis- played to the public view on any portion of the Project or any Lot, except one (1) sign for each Dwelling Unit of customary and reasonable dimensions, advertising the Lot and Dwelling Unit for sale or rent, or except signs, regardless of size, used by Gran- tor, its successors or assigns to advertise the Project. All signs or billboards and the conditions promulgated for the reg- ulation thereof shall conform to the requirements of all appli- cable governmental ordinances. Section 2.04. Temporary_ Buildings. Subject to the provisions of Article VI of this Declaration, no basement, tent, privy, shack, shed, or other temporary building or Improvements of any kind shall be placed upon any portion of the Project either temporarily or permanently. No garage, trailer, camper, motor home, boat, or recreational vehicle shall be used as a residence in the Project, either temporarily or permanently. Section 2.05. Nuisances. No Lot shall be used in such a manner as to obstruct or interfere unreasonably with the residential uses of other Lots. No noxious or offensive acti- vity shall be carried on, in, or upon any Lot, nor shall any- thing be done thereon which may be or become an unreasonable annoyance or nuisance to any other Owner. Without limiting the generality of the foregoing provisions, no loud noises or nox- ious odors, no exterior speakers, horns, whistles, bells, or other sound devices (other than security devices used exclu- sively for security purposes), noisy or smoky vehicles, large power equipment or large power tools, unlicensed off -road motor vehicles, or items which may unreasonably interfere with tele- vision or radio reception of any Owner in the Project shall be located, used, or placed on any portion of the Project or exposed to view of other Owners. Section 2.06. Animal and Insect Restriction. No livestock,.reptiles, insects, poultry, or other animals of any kind shall be raised, bred, or kept on any Lot, except domestic dogs, cats, fish, birds, and other household pets may be kept on Lots, provided that they are not kept, bred, or maintained for commercial purposes or in unreasonable quantities. Animals -4- 33.y6S/JRS/0209S/16858 klh/10-30-84 belonging to Owners, occupants, or their licensees, tenants, or invitees within the Project must be either kept within an en- closure or on a leash being held by a Person capable of control- ling the animal. Furthermore, any Owner shall be absolutely liable to each and all remaining Owners, their Families, guests, tenants, and invitees for damages or injuries caused by any animals brought or kept upon the Project by an Owner or by members of his Family, his tenants, or his guests. Section 2.07. Vehicles. No Owner shall park, store, or keep anywhere on the Project, including, without limitation, any Street, any commercial -type vehicle, dump truck, cement mixer truck, oil or gas truck, or delivery truck, or any truck with a load capacity which exceeds three-quarter (3/4) ton, any recreational vehicle (camper unit, house -car, motor home), bus, trailer, trailer coach, camper -trailer, boat, aircraft, mobile - home, or inoperable vehicle, unless such vehicle is obscured from view of adjoining Lots and Streets by -a fence or other appropriate screening device. With the exception of normal washing and polishing, no Owner shall conduct repairs or restor- ations of any motor vehicle, boat, trailer, aircraft, or other vehicle upon any portion of his Lot, unless such activities are conducted within a closed garage or are obscured from view of adjoining Lots and Streets by a fence or other appropriate screening device and provided that such activity does not con- stitute a nuisance. Garage doors shall remain closed, except for reasonable periods while the garages are being entered and exited. Garages shall be used for garage purposes only and shall not be converted to other uses. Vehicles owned, operated, or within the control of any Owner shall be parked in the garage of such Owner to the extent of the space available therein, and each Owner shall ir:sure that his garage is maintained so as to be capable'of accommodating at least one (1) full-sized auto- mobile. Notwithstanding the foregoing, these restrictions shall not be interpreted in such a manner as to permit any activity which would be contrary to any governmental ordinance or regu- lation. Section 2.08. Business or Commercial Activity. No part of the Project shall ever be used or caused to be used or allowed or authorized in any way, directly or indirectly, for any business, commercial, manufacturing, mercantile, storing, vending, or other such non-residential purposes; except Grantor, its successors, or assigns may use any portion of the Project owned by Grantor for a model home site, display, sales and design office during Grantor's marketing and sales period fo'r the Project; and except professional and administrative occupa- tions without external evidence thereof, so long as such occu- pations are in conformance with local governmental ordinances and are merely incidental to the use of the Dwelling Unit as a -5- 3376S/JRS/0209S/16858 sat/10-30-84 single Family residence. Each Owner may rent or lease the Dwelling Unit (and rental unit, if any, as.described in Section 2.01) on his Lot by means of a written lease or rental agree- ment; provided that such lease•or rental agreement shall refer to this Declaration and shall further provide that any viola- tion of the terms or provisions of this Declaration by the tenant shall constitute a default under the lease or rental agreement. Section 2.09. Trash. No rubbish, trash, or garbage or other waste material shall be kept or permitted upon any Lot, except in sanitary containers located in appropriate areas screened and concealed from view, and no odor shall be permitted to arise therefrom so as to render the Project, or any portion thereof, unsanitary, unsightly, offensive, or detrimental to any other property in the vicinity thereof or to its occupants. Trash containers shall be exposed to the view of neighboring Lots or the Streets only when set out for a reasonable period of time (not to exceed twelve (12) hours before and after scheduled trash collection hours). There shall be no exterior fires whatsoever, except barbecue fires contained within recep- tacles or fire pits commercially designed therefor. No clothing or household fabrics shall be hung, dried, or aired in such a way in the Project as to be visible from the Streets or other Lots in the Project, and no lumber, grass, scrap, or tree clip- pings or plant waste, metals, bulk materials, scrap, refuse, or trash shall be kept, stored, or allowed to accumulate on any portion of the Project, except within an enclosed structure or appropriately screened from view, and so long as no fire hazard is created thereby. Section 2.10. No Hazardous Activities. No activi- ties shall be conducted on any Lot, and no Improvements shall be constructed on any Lot which are or might be unsafe or hazardous to any Person or property. Section 2.11. No Mining and Drilling. No portion of the Project sha11 be used for the purpose of mining, quarrying, drilling, boring, or exploring for or removing water, oil, gas, or other hydrocarbons, geothermal heat, minerals, rocks, stones, gravel, or earth. Section 2.12. Water -and Sewer Systems. No individ- ual water supply system, water softener system, or sewage dis- posal system shall be permitted on any Lot unless such system is designed, located, constructed, and equipped in accordance with the requirements, standards, and recommendations of any applicable water district and any applicable governmental authority having jurisdiction. -6- 3376S/JRS/O2O9S/16858 sat/10-30-84 Section 2.13. Drainage. There shall be no inter- ference with or obstruction of the established surface drainage pattern(s) over any Lot within the Project, unless an adequate alternative provision is made for proper drainage. Any altera- tion of the established drainage pattern must at all times com- ply with all applicable local governmental ordinances. For the purpose hereof, "established" drainage is defined as the drain- age which exists at the time the overall grading of any Lot is completed by Grantor. Each Owner shall maintain, repair, and replace and keep free from debris or obstructions the drainage channels, systems, and devices, if any, located on his Lot, except those for which a public authority or utility is respon- sible. ARTICLE III EASEMENTS AND ENCROACHMENTS Section 3.01. Utilitv Easements. Each Owner agrees, by acceptance of his deed, that his Lot is granted subject to easements for utility installations and maintenance as shown on the Recorded Subdivision or Parcel map of the Project or other Recorded easement agreements. Within these easements, no struc- ture, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities and drainage facilities. The utility easement areas of each Lot and all Improvements therein shall be maintained continuously by the Owner of such Lot, except for those Improvements for which a public authority or utility company is responsible. Section 3.02. Access to Drainage Ways. Each Owner agrees for himself and his successors in interest, by the acceptance of his deed, to permit free access by Owners of other Lots to drainage ways, if any, located on his Lot, which drainage ways affect said other Lots when such access is essential for the maintenance of drainage ways for the pro- tection or use of said other Lots. Section 3.03. Side Yard and Walkway Easements. (a) Creation of Side Yard Easements. Grantor hereby reserves an exclusive easement of use and enjoyment as a private side yard area ("Side Yard"), for the benefit of Lots: 1 through 14 inclusive of Block 631 and Lots 3 throuah 22 inclusive of Block 531 t uominant,Lots-), over eacn o Lots ("Adjoining Lots") Lots 1 as such Side Yards are more fully shown and described on Exhibit "A" hereto. Generally, each Side Yard shall extend along the common side Lot line separating the Dominant Lots -7- 3376S/JRS/0209S/16858 gem/04-19-85 from the Adjoining Lots, across the Adjoining Lots, to the walls and foundation lines of the structures as may hereinafter be initially constructed by Grantor on the Adjoining Lots, as such lines are extended parallel to the common side Lot line to the front yard wall and rear Lot line of the Adjoining Lots. Grantor further reserves for the Owner of each Dominant Lot and each corresponding Adjoining Lot, a nonexclusive easement for reasonable drainage, ingress and egress to and from the parti- cular Side Yard for the respective purposes innumerated in Paragraph (c) below. The Owner of the Dominant Lot shall not obstruct, block or interfer with the flow of water from and through any drainage pipes or air vents located on the Dwelling Unit on the Adjoining Lot. (b) Creation of Walkwav-Landscape Area Easements. Grantor hereby reserves an exclusive easement of use and enjoyment as a private walkway -landscape area ("Walkway - Landscape Area"), for the benefit of Lots: •Lots 1 through 12 ("Walkway Dominant Lots"), over each of the adjacent following numbered Lots ("Walkway Adjoining Lots"): Lots 1 through 14 inclus of Block 631 and Lots 3 through 22 inclusive of Block 531 The Walkway -Landscape Areas are more particularly shown and de- scribed in Exhibit "B" hereto. Generally, the Walkway -Landscape Area shall extend along the common side Lot line separating the Walkway Dominant Lots from the Walkway Adjoining Lots, across the Walkway Adjoining Lots for the width of the Walkway - Landscape Area. (c) Restrictions on Side Yard Use. Each Side Yard shall be used and enjoyed subject to the following restrictions: (1) The Side Yard shall be used only as a general recreation, parking and garden area by the Owner of the Dominant Lot, and each such Owner shall have the right to enter upon the Side Yard for only such purpose. Such purpose shall include the right of each such Owner to plant vegetation and establish an irrigation system on the Side Yard, provided however, that the spray or dis- charge of water from such irrigation system shall be designed and maintained so as to direct such spray or discharge away from the Dwelling Unit located on the Adjoining Lot. The Side Yard and every part thereof, including the fence enclosing the Side Yard and the drainage system established by Grantor as part of the grading and original me 33765/JRS/02095/16858 gem/03-19-85 construction on the Adjoining Lot (other than drainage pipes or vents located on the Dwelling Unit on the Adjoining Lot), shall be repaired, replaced and maintained continuously in a neat and orderly condition by the Owner of the Dominant Lot. (2) The Owner of the Adjoining Lot shall have the right, at reasonable times, upon reasonable notice and in a reasonable manner, to enter upon the Side Yard for the purpose of maintaining, repairing or restoring the structural wall of his Dwelling Unit, the structure of .which it is apart, rain gutters and down spouts attached to his Dwelling Unit and any fence owned by him which adjoins or abuts the Side Yard. (3) No storage of any kind shall be permitted in Side Yards, nor shall any object or device of any kind be affixed to any structural wall, fence, or roof on the Adjoining Lot without the prior writ- ten consent of the Owner of such Adjoining Lot. (4) The Owner of the Dominant Lot shall insure that no plant, shrub or growing matter attaches itself to any wall, fence or roof on the Adjoin- ing Lot. The Owner's of Adjoining Lots shall have the right to use the drainage system estab- lished within the Side Yard on their Lots for the purpose of draining their Lots, provided that such right of drainage shall not include the right to discharge noxious of offensive matter or materials. (d) Restrictions on Walkway Use. Walkway -Landscape Areas shall be used by Owners of Walkway Dominant Lots only for landscape and plantings and pedestrian access, ingress and egress to the Dwelling Units located on such Walkway Dominant Lots. Such purpose shall include the right of Walkway Dominant Lot Owners to maintain, repair and replace the concrete and landscape areas located on the Walkway -Landscape Areas, pro- vided however, that in no event shall any Walkway -Landscape Area exceed the width described in Exhibit "B" hereto. No Improvement shall be constructed on a Walkway -Landscape Area, other than an entry walk, landscaping and decorative walls (not exceeding thirty (30) inches in height). -9- 3S76S/JRS/02095/16858 geri/0 1-19-85 ARTICLE IV LANDSCAPE, IRRIGATION, AND MAINTENANCE Section 4.01. Maintenance of Landscaping. All vegetation on the Lots and "Parkway Areas" (defined below) shall be irrigated and fertilized regularly. Each Owner of a Lot shall cut, prune, irrigate, and maintain regularly the landscaping thereon in accordance with this Declaration. In addition, each Owner shall cut, prune, irrigate and maintain regularly the landscaping in the public right of way ("Parkway Area") between the sidewalk and back of street curb which abuts the Owner's Lot. Section 4.02. Exterior Maintenance and Renair; Owner's Obligations. No Improvement anywhere within the Project shall be permitted to fall into disrepair, and each Improvement shall at all times be kept in good condition and -repair. ARTICLE V TERMINATION, AMENDMENT, AND SEVERABILITY Section 5.01. Termination and Amendment. All the covenants, conditions, ar,d restrictions contained in this Dec- laration shall run with the Project and shall be binding on and enforceable by all Owners for a period of fifty (50) years after the Recordation of this Declaration and, thereafter, said covenants, conditions, and restrictions shall automatically be extended for successive periods of ten (10) years, unless, by a written instrument signed by the Owners of seventy-five percent (75%) of the Lots at any time and Recorded, the Owners deter- mine to revoke or change in whole or•in part this'Declaration, subject to the provisions of Article VI of this Declaration. Section 5.02. Severability. Invalidation of any one (1) of the easements, covenants, conditions, or restrictions of this Declaration by judgment or court order shall not affect other provisions of this Declaration, which provisions shall remain in full force and effect. ARTICLE VI EXEMPTION AND RIGHTS OF GRANTOR No in this Declaration shall limit the right of Grantor to complete construction of Improvements on the Project or to alter the foregoing, or to construct such additional Im- provements as Grantor deems advisable prior to the completion -10- 33765/JRS/02095/16858 gem/04-19-85 and the sale by Grantor, of all of the Lots in the Project. Such rights shall include, but shall not be limited to, erect- ing, constructing, and maintaining on any portion of the Project owned by Grantor,'such structures and displays as may be reason- ably necessary for the conduct of its business of completing the work and disposing of Lots in the Project by sale, lease, or otherwise. Grantor specifically reserves the right to use any unsold Lots on the Project for model, sales and design offices for marketing in connection with the Project, and fur- ther reserves the right to rent any unsold Dwelling Units. This Declaration shall not limit the right of Grantor at any time prior to acquisition of title to a Lot by a purchaser from Gran- tor to establish on the Lot additional easements, reservations, and rights -of -way for itself, utility companies, or others as may from time to time be reasonably necessary for the proper development and disposal of the Project. The rights of Grantor hereunder may be assigned by Grantor in whole or in part, to any successor to -all or part of Grantor's interest in the Proj- ect. The provisions of this Article shall not be altered or terminated without the prior written consent of Grantor for so long as Grantor owns one (1) or more Lots in the Project. ARTICLE VII (MISCELLANEOUS Section 7.01. Enforcement. Breach of any of the easements, covenants, conditions, or restrictions contained in this Declaration and the continuation of any such breach may be enjoined, abated, or remedied by appropriate legal or equitable proceedings by an Owner, or by Grantor. It is hereby agreed that recovery of damages at law for any breach of the provisions of this Declaration would not be an adequate remedy. Breach of any easements, covenants, conditions, or restrictions contained in this Declaration shall not defeat or render invalid the lien on any Recorded Mortgage, or any part thereof, made in good faith and for value as to any Lot of the Project; but such ease- ments, covenants, conditions, and restrictions shall be binding and effective against any Owner of a Lot or Lots whose title thereto is acquired by foreclosure, trustee's sale, or other- wise. Section 7.02. Costs.and Attorneys' Fees. If an action is instituted in a court of competent jurisdiction to enforce any of the covenants, conditions, restrictions, or easements contained in this Declaration, the party against whom the judgment, decree, order, or declaration is entered shall, and agrees to, pay all costs of suit and a reasonable attorneys' fee, such as may be established by said court. -11- 3376S/JRS/0209S/16858 klh/10-30-84 Section 7.03. No Representations or Warranties. No representations or warranties of any kind, express or implied, have been given_or made by Grantor or its agents or employees in connection with the Project or any portion of the Project dealing with its physical condition, zoning, compliance with applicable laws, purpose for intended use, nor in connection with the subdivision, sale operation, or use of the Project except as specifically and expressly set forth in this Declara- tion and except as may be filed by Grantor from time to time with any other governmental authority. Section 7.04. Constructive Notice and Acceotance. Every person who owns, occupies, or acquires any right, title, estate, or interest in or to any Lot or other portion of the Project does and shall be conclusively deemed to have consented and agreed to the reasonableness and binding effect of every limitation, restriction, easement, reservation, condition, and covenant contained herein, whether or not any reference to Dec- laration is contained in the instrument by which such person acquired an interest in the Project, or any portion thereof. Section 7.05. Insurance Obligations of Owners. Each Owner shall be solely responsible for insuring all of his Dwell- ing Unit and other Improyements on his Lot, including, without limitation, the structural portions of such Dwelling Unit, against loss or damage by fire or other casualty. Each Owner shall also be solely responsible for obtaining adequate compre- hensive public liability insurance, including medical payments and malicious mischief, insuring against liability for bodily injury, death, and property damage arising from his activities on his Lot. Section 7.06. I'nterpr•etation.' .The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the creation and opera- tion of a residential development, and any violation of this Declaration shall be deemed to be a nuisance. The Article and Section headings, titles, and captions have been inserted for convenience only, and shall not be considered or referred to in resolving questions of interpretation or construction. As used herein, the singular shall include the plural and the masculine, feminine, and neuter shall each include the other, unless the context dictages otherwise. All references herein to "days" shall, unless indicated to be contrary, refer to consecutive "calendar days." -12- 3376S/JRS/0209S/16858 klh/10-30-84 Grantor has executed this Declaration as of this 29th day of April , 19 85. SUMMER WIND, a California limited partnership By: GFELLER DEVELOPMENT COM- PANY, INC., a California corporation Its: General Partner By: _a Z2_0 Its: Assistant Secretary "Grantor" STATE OF CALIFORNIA ) ) ss. COUNTY OF Orange ) On April 29 , 1985, before me, the undersigned, a Notary Public in and for laid State, personally appeared Robert G. Reese personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as assistant secretary behalf of GFELLER DEVELOPMENT COMPANY, INC., a corporation, and acknowledged.to me that the corporation executed it on behalf of SUMMER WIND, the limited partnership therein named, and that the limited partnership executed it.. WITNESS my hand and official seal. Notary Public in and for said State -13- or on GERMAINE B. GUNS NOTARY PU8LIC•CALIF0RNIA PRINCIPAL OFFICE IN ORANGE COUNTY My Commission Expires Jun. 2, 1988 3376S/JRS/0209S/16858 sat/10-30-84 SUBORDINATION The undersigned, as holder of the beneficial interest in and under that certain Deed of Trust dated August 15 1984 and recorded on August 30 19 84, INSTRUMENT #. 8�364T4"6—' et sea., in Official Records of Orange County, California (the "Deed of Trust"), which Deed of Trust is by and between SUMMER WIND, a California Limited Partnership as Trustor, UNION BANK a corporation as Trustee, and UNION Bl{N -- a corporation, as Beneficiary, hereby expressly sub- ordinates said Deed of Trust and its beneficial interest there- under to the foregoing Declaration of Covenants, Conditions and Restrictions and Reservation of Easements for SUMMER WIND. Dated: April 29 , 19 85 STATE OF CALIFORNIA ss. COUNTY OF ) ORANGE ) UNION BANK a corporation By- ts: ASSISTANT VICE PRESIDENT Its: VICE PRESIDENT •. On April 29 • , 1985, before me, the undersigned, 'a Notary Public in and for said State, personally appeared Jeffrey A. Goddard and Helen M. Adams , personally known to me or proved to me on the basis of satisfactory evidence to be the persons who exe- cuted the within instrument as Assistant Vice president and Vice President =XrA!I;cxxr or on behalf of Union Bank , the corporation therein named, and acknowledged to me that the corporation executed it, and acknowledged to me that said banking association executed the within instrument pursuant to its bylaws or a resolution of its board of directors. WITNESS my hand and official seal. OFFICIAL SEAL JL'DY L. ACORD NOTARY PUBLIC — CALIFORNIA PRINCIPAL OFFICE IN ORANGE COUNTY h1y Commission Upires luxe 10, 1938 �;7r. OFFICIAL SEAL ' t " JUDY L. ACORD �:,. r'_,y Ib:ARY ?UOLIC — CALIFORNIA •,, PR.UC;PAL OFFICE IN .. ORAR7_ COUNTY Notary Lvtblic vin and for said State -14- 337nS/JRS/0209S/15858 sat/10-30-B4 7N-< itl.POlv.fEli±+Pt lb 4N/CN COS BEiV/.�i�S .BY rNE J'EASEMEiy7 ( A74e4 w-lovv Al/Ertil/E -- -_ -- U�a � Y Oro P � � /3 6 9 O // /3 /5 -- /7 /O P/ aaE/va� B.4OC,{K$;_531_ & 631 CARNf1 T/orc� OAHG/mil BLOCKS 531 & 631 EXHIBIT AVE�YUE AliENUE S m �