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HomeMy WebLinkAboutCanyon Lakes Leaf Blower DocumentsReturn to:The Irvine Com~any 610 NewPor~Center Dr. Newt)ort BI'\h,Calif. Attn:B.~encioni 1228 $4~'~' 8rrJ I 0539 PAtE 637' _________,Page _______________,O.R. Tract No.7800 Rest~ictions Recorded Book _________________,197 -'in DECLARATION OF COVENANTS,CONDITIONS AND RESTRICTIONS TRACT NO.7800 ORANGE COUNTY,CALIFORNIA RESTRICTIONS HEREIN,IF ANY, BASED UPON RACE,COLOR,RELIGIO~ OR NATIONAL ORIGIN~~~~':.L:J:il.L.o._ !1<~.IMT Mfffil ~&.' IN OFFICIAL RECORDS OF o GE COUNTY,CALIF. FEB 1 1973 L WYLIE CARLY1£,Coamtr RICOld. This Declaration,made this I,day of 197 , ,by ~IRVINE COMPANY,a West Virginia corporat~on,hereinafter referred to as "Declarant": WIT N E SSE T H:---------- Whereas,Declarant is the owner of the real property in the County of Orange,State of California,described as: Lots 1 through 17,inclusive,and Lots A,Band C, inclusive,of Tract No.7800 as per Map recorded in Book JQI!:,Pages 15 l 81 ~7 of Miscellaneous Maps,Official Recbr ~orange County, California. Whereas,Declarant has deemed it desirable to impose a general plan for the improvement and development of said tract and all of the property described herein and the adoption and establishment of covenants,conditions and restrictions upon said real property and each and every lot and portion thereof and upon the use,occupancy and enjoyment thereof,all for the purpose of enhancing and protecting the value,desirability and attractiveness of said tract;and Whereas,Declarant has deemed it desirable for the efficient preservation of the value,desirability and attractiveness of said tract and any additional property which may be annexed thereto, pursuant to the provisions of this Declaration,to create a corporation to which should be delegated and assigned the powers of maintaining and administering the common area and administering and enforcing these covenants,conditions and restrictions and collecting and disbursing funds pursuant to the assessment and charges hereinafter created and referred to;and Whereas,Canyon Lakes Community Association~a nonprofit corporation,(has been)(will be)incorporated under the laws of the State of California for the purpose of exercising the powers and functions aforesaid;and Whereas,Declarant will convey title to all of said lots in said tract subject to certain protective covenants,conditions and restrictions hereinafter set f9rth; Now,therefore,Declarant hereby covenants,agrees and declares that all of said lots and property described above and such additions - 1 - .. al ~J I0539 m[638 thereto as may hereafter be made pursuant to Article II hereof shall be held,sold and conveyed sUbject to the following covenants, conditions,restrictions and easements which are hereby declared to be for the benefit of the whole tract and all of the property described herein and the owners thereof,their successors and assigns. These covenants,conditions,restrictions and easements shall run with the said real property and shall be binding on all parties having or acquiring any right,title or interest in the described real property or any part thereof and shall inure to the benefit of each owner thereof and are imposed upon said real property and every part thereof as a servitude in favor of each and every parcel thereof as the dominant tenement and tenements. ARTICLE I DEFINITIONS The following terms used in these covenants,conditions and restrictions shall be applicable to this Declaration and also to any supplemental Declaration recorded pursuant to Article II hereof and are defined as follows: Section 1."Association"shall mean and refer to Canyon Lakes Community Association,a nonprofit corporation,incorporated under the laws of the State of California,its·successors and assigns. Section 2."Property"and "Lots"shall mean and refer to all of the real property known as and described as Lots 1 through 17, inclusive,of Tract No.7800 as per Map recorded in Book ~3~04~~~ Pages 35. 36.aDd.;n of Miscellaneous Maps,Official Records of Orange County,Ca11fornia. Section 3."Common Area"and "Common Facilities"shall mean all ~eal property owned by the association for the common use and enjoyment of the members of the association including,but not limited to,the private streets and sidewalks within the property. Section 4."Lot"shall mean and refer to a recorded lot within the exist1ng property or any other properties annexed pursuant to this Declaration,upon which there has been or will be constructed a single family residence,but shall not mean or include any common area lot nor streets and alleys. Section 5."Member"shall mean and refer to every person or entity who holds membership in the association. Section 6."owner"shall mean and refer to the record owner,whether one or more persons or entities,of a fee simple title to any lot which is a part of the properties,including contract sellers,but excluding those having such interest merely as security for the performance of an obligation.. Section 7."Declarant"shall mean and refer to The Irvine Company, a West V1rginia corporation,its successors and assigns. Section 8."Deed of Trust"shall mean the conveyance of any lot or other portion of the property to secure the performance of an obligation. Section 9."Conveyance"shall mean and refer to conveyance of a fee simple title to any lot. - 2 - Bi;~J 0539 PAt[639 Section 10."Community Services and Service Area"shall include any and all of the purposes now set forth in the Articles of Incorporation,the By-Laws and this Declaration of the association, or as the same may be amended hereafter,including,but not limited to,the landscaping and maintenance of the common area and the main- tenance of the·exterior of all residential dwellings (including exterior painting,exterior walls and roof of such dwellings as originally constructed),driveways,sidewalks and off-street parking areas. ARTICLE II ANNEXATION OF ADDITIONAL PROPERTY Section 1.Annexation Pursuant to Approval.Upon approval in writJ.ng of the assocJ.ation,pursuant to a two-thirds majority of the voting power of its members (excluding the voting power of Declarant),or the written assent of such members,any owner of a single family residential property and/or property for the common use of owners of such residential property who desires to add such property to the plan of this Declaration and to subject such property to the jurisdiction of the association,may file of record a supple- mentary declaration. Section 2.supplementar~Declarations.The additions authorized under the foregoJ.ng sectJ.ons shall be made by filing of record a supplementary declaration of covenants,conditions and restrictions, of similar instrument,with respect to the additional property which shall extend the plan of this Declaration to such property. Such supplementary declarations contemplated above may contain such complimentary additions and modifications of the covenants,conditions and restrictions contained in this Declaration as may be necessary to reflect the different character,if any,of the added property and as are not inconsistent with the plan of this Declaration.In no event,however,shall any such supplementary declaration,merger or consolidation,revoke,modify or add to the covenants established by this Declaration within the existing property,except as herein- after otherwise provided.. The recordation of said supplementary declaration shall constitute and effectuate the annexation of the said real property described therein,making said real property subject to this Declaration and subject to the functions,powers and jurisdiction of the Canyon Lakes Community Association,and thereafter all of the owners of lots in said real.property shall automatically be members of the Canyon Lakes Community Association. Section 3.Mergers or Consolidations.Upon a merger or consolida- tJ.on of the association wJ.th another association,its properties, rights and obligations may,by operation of law,be transferred to another surviving or consolidated association or,alternatively, the properties,rights and obligations of another association may, by operation of law,be added to the properties,rights and obliga- tions of the association as a surviving corporation pursuant to a merger.The surviving or consolidated association may administer the covenants,conditions and restrictions established by this Declaration within the existing property,together with the covenants and restrictions established upon any other property as one plan. - 3 - The association shall have two (2)classes .-, Hi ~i I0539 PAff 640 ARTICLE III MEMBERSHIP Section 1.Membershi~.Every person or entity who is a record owner of a fee or und~vided fee interest in any lot which is subject by covenants of record to assessment by the association,shall be a member of the association.The terms and provisions set forth in this Declarations"which are binding upon all owners of all lots and all members in the association,are not exclusive,as the member shall, in addition,be subject to the terms and provisions of the Articles of Incorporation and the By-laws of the association.The foregoing is not intended to include persons or entities who hold an interest merely as security for the performance of an obligation.Membership shall be appurtenant to and may not be separated from the fee owner- ship of any lot which is subject to assessment by the association. ownership of such lot shall be the sole qualification for membership~ Section 2.Transfer.The membership held by any owner of a lot shall not be transferred,pledged or alienated in any way,except upon the sale or encumbrance of such lot,and then only to the purchaser or deed of trust holder of such lot.Any attempt to make a prohibited transfer is void,and will not be reflected upon the books and records of the association.In the event the owner of any lot should fail or refuse to transfer the membership registered in his name to the purchaser of such lot,the association shall have the right to record the transfer upon the books of the association. Section 3.voting Rights. of vot~ng members ip: CLASS A.Class A members shall be all those owners as defined in Section 1 above with the exception of the Declarant.Class A members shall be entitled to one (1)vote for each lot in which they hold the interest required for membership by Section 1.When more than one person holds such interest in any lot,all such persons shall be members.The vote for such lot shall be exercised as they among themselves determine,but in no event shall more than one (1)vote be cast with respect to any lot. CLASS B.The Class'B member shall be Declarant.The Class B member shall be entitled to three (3)votes for each lot in which it holds the interest required for membership by Section l~provided that the Class B membership shall cease and be converted to Class A iiiiiibership on the happening of either of the following events,whichever occurs earlier: (A)When the total votes outstanding in the Class A member- ship equal the total votes outstanding in the Class B membership,or (B)On December 31,1976. All voting rights shall be subject to the restrictions and limitations provided herein and in the Articles and By-Laws of the association. ARTICLE IV PROPERTY RIGHT::)IN THE COMMON AREAS Section 1.Members'Easements of EnjOyment.Every member shall hive a r~ght of enjoyment ~n and to the common area,and such right - 4 - --~.. ew I0539 PAG£64 , shall be appurtenant to and shall pass with the title to every assessed lot,subject to the following provisions: .{Al Such right shall not be severable or divisable in any manner,including by partition,operation of law or otherwise,and shall not be sold or conveyed separate from the lot to which it is appurtenant.The restrictions contained in this subparagraph (Al shall not apply to any interest owned or held by Declarant or assoc- iation.Said restrictions shall become void and of no further force and effect twenty-one (21)years after the death of the last to die among the following persons:Ethel Kennedy,the wife of the former Attorney General of the United States,and all their children in being at the time this Declaration is recorded with County Recorder of Orange County. {B}The right of the association to limit the number of guests of members. (C)The right of the association to establish uniform rules and regulations pertaining to the use of the common area including, but not limited to private streets,and the recreational facilities thereof. (D)The right of the association,in accordance with its Articles and By-Laws,to borrow money for the purpose of improving the common area and facilities and to aid thereof,to mortgage said property,provided that the rights of such mortgages 'shall be subordina~e to the rights of the members. (E)The right of the association to suspend the voting rights and right to use of any recreational facilities by a member for any period during which any assessment against his lot remains unpaid and delinquent7 and for a period not to exceed thirty (30)days for any single infraction of the rules and regulations of the association, provided that any suspension of such voting rights or right to use any recreational facilities,except for failure to pay assessments, shall be made only by the association or a dUly appointed committee thereof,after notice and hearing given and held in accordance with the By-Laws of the association. (F)The right of the association to dedicate or transfer all or any part of the common area to any public agency,authority or utility for such purposes and subject to such conditions as may be agreed to by the members.No such dedication or transfer shall be effective unless an instrument signed by members entitled to cast two- thirds of the votes of the membership has been recorded,agreeing to such dedication or transfer,and unless written notice of the proposed action action is sent to every member not less than thirty (30)nor more than sixty (60)days in advance;provided,however,that in respect of the dedication of the private streets or any recreational area,the voting power of Declarant shall be excluded. (G)The right of Declarant and its successors and assigns together with the employees,agents and representatives thereof,to the non- exclusive use of the common area and the facilities thereof,in connec- tion with the display and sale of residential units within the tract, which right Declarant hereby reserveS7 provided,however,that such use shall not be for a period of more than three (3)years after the date of recordation of this Declaration with County Recorder of Orange County,or the sale of ninety percent (90%l or more of all the resi- dential lots within the aforesaid real property,whichever is the - 5 - \.'..~~. BW 10539 PAGE 642 earlier:provided,further,that no such use by Declarant or its sales agents or representatives shall otherwise restrict the members in their use and enjoyment of the common areas or facilities thereof. Section 2.Delegation of Use.Any member may delegate,in accordance w1th the By-Laws,his r1ght of enjoyment to the common area and facili- ties to the members of his family,his tenants or contract purchasers who reside on the property. Section 3.'Waiver of Use.'No member may exempt himself from personal l1ab111ty for assessments duly levied by the association,nor release the lot owned by him from the liens and charges hereof,by waiver of the use and enjoyment of the common area and the facilities thereon or by abandonment of his lot. Section 4.Title to The Common Area.The Declarant hereby covenants for 1tself,1tS successors and aSs1gnS,that it will convey fee simple title to the common areas in.the existing property to the association, free and clear of all encumbrances and liens,except current real property taxes,which taxes shall be prorated to the date of transfer, and easements,conditions and reservations then of record,including those set forth in this Declaration.Said conveyance shall be made to the association prior to or concurrently with the conveyance of any improved lot in the existing property. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1.Creation of the Lien and Personal Obligation of Assessments. The Declarant,for each lot owned by 1t within sa1d Tract No.7800 hereby covenants and agrees to pay,and each owner of any lot or in the lots in the additional properties which may become subject to the juris- diction of·the association,by acceptance of a deed therefor,whether or not it shall be so expressed in any such deed,is deemed to covenant and agree to pay to the association: (1)Regular assessments or charges,and (2)Special assessments for capital improvements,such assessments to be fixed,established and collected from time to time as hereinafter provided.The regular and special assessments,together with such interest thereon and costs of collection thereof,as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the lot against which each such assessment is made.Each such assessment, together with such interest,costs and reasonable attorney's fees,shall also be the personal obligation of the person who was the owner of such property at the time when the assessment fell due.The personal obli- gation shall not pass to his successors in title unless expressly assumed by them. Section 2.Purposes of Assessments.The assessments levied by the assoc1at10n shall be used exclus1vely for the purposes of performing the community services and of promoting the recreation,health,safety and welfare of the members of the association. Section 3.Regular Assessments.The amount and time of payment of regular assessments shall be determined by the Board of Directors of the association pursuant to the Articles of Incorporation and By-Laws of said association after giving due consideration to the current maintenance - 6 - costs and future needs of the association.Written notice of the amount of an assessment,regular or special,shall be sent to every owner,and the due date for the payment "of same shall be set forth in said notice. Section 4.Special assessments for Capital 4mprovements.In addition to the regular assessments,the associat~on may levy ~any calendar year, a special assessment applicable to that year only,for the purpose of defraying,in whole or in part,the cost of any construction or recon- struction,unexpected repair or replacement of any roof on a residential dwelling unit,any improvement upon the common area or of all or a portion of a sidewalk or off-street parking area,including the necessary fixtures and personal property related thereto,provided that any such assessment shall have the assent of two-thirds of the votes of the members (excluding the voting power of Declarant)who are voting in person or by proxy at a meeting duly called for this purpose,written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60)days in advance of the meeting,setting forth the purpose of the meeting. Section 5.Uniform Rate of Assessment.Both regular and special assessments shall be f~ed at a uniform rate for all lot~and may be collected on a monthly basis. Section 6.Date of Commencement of Regular Assessments and Fixing Thereof.The regular assessments provided for herein shall commence as to all lots in said Tract No.7800 and in each area annexed hereto on the first day of the month following the conveyance of the first lot within each such area to an individual owner.The regular assessments as to lots in annexed areas,provided said lots shall have become subject to assessment by the association,shall commence with respect to all lots within each such annexed area on the first day of the month following the conveyance of the first lot therein by an individual owner.Provided,however,that the association,by a majority vote of its Board of Directors,may extend the commencement date of regular assessments as to lots in said Tract No.7800 or any annexed area to a time not later than two (2)months following the completion of improve- ments and landscaping within the common area,or two (2)months from the date of conveyance of the common area to the association,Whichever is later,if Declarant,by a written agreement with the association, commits to maintain the common area until such extended date. Section 7.Certificate of Payment.The association shall,upon demand, furn~sh to any owner liable for said assessment,a certificate in writing signed by an officer of the association,setting forth whether the regular and special assessments on a specified lot have been paid, and the amount of the delinquency,if any.A reasonable charge may be made by the Board for the issuance of these certificates.Such certifi- cate shall be conclusive evidence of payment of any assessment therein stated to have been paid. Section 8.Exempt Property.The following property subject to this Declarat~on shall ~e exempt from the assessments created herein: (A)All properties dedicated to and accepted by a local public authority; (B)The common area;and (C)All properties owned by a charitable or non-profit organization exempt from taxation by the laws of the State of California.However, - 7 - '.. e;~'·I 0539 ~Atl644 no land or improvements or unimproved lots restricted to dwelling use shall be exempt from said assessments. ARTICLE VI NON-PAYMENT OF ASSESSMENTS Section 1.Delinrency •Any assessment provided for in this Dec1arat10n,whic is not paid when due,shall be delinquent.With respect to each assessment not paid within fifteen (15)days after its due date,the association may,at its election,require the owner to pay a "late charge"in a sum to be determined by the association,but not to exceed $10~00 per each delinquent assessment.If any such assess- ment is not paid within thirty (30)days after the delinquency date,the assessment shall bear interest from the date of delinquency at the rate of 10 percent (lOt)per annum,and the association may,at its option, bring an action at law against the owner personally obligated to pay the same,or,upon compliance with the notice provisions set forth in Section 2 hereof,to foreclose the lien (provided for in Section 1 of Article V hereof)against the lot and there shall be added to the amount of such assessment the late charge,the costs o~preparing and filing the complaint in such action,and in the event a judgment is obtained, such jUdgment shall include said interest and a reasonable attorney's fee,together with the costs of action.Each owner vests in the association or its assigns,the right and power to bring all actions at law or lien foreclosure against such owner or other owners for the collection of such delinquent assessments. Section 2.Notice of Lien.No action shall be brought to foreclosure sa1d assessment 11en or to proceed under the power of sale herein pro- vided less than thirty (30)days after the date a notice of claim of lien is deposited in the United States mail,certified or registered, postage prepaid,to the owner of said lot,and a copy thereof is recorded by the association in the office of the County Recorder in which the properties are located~said notice of claim must recite a good and sufficient legal description of any such lot,the record owner or reputed owner thereof,the amount claimed (which shall include interest on the unpaid assessment at the rate of ten percent (lOt)per annum, plus reasonable attorney's fees and expenses of the collection in connec- tion with the debt secured by said lien),and the name and address of the claimant. Section 3.Foreclosure Sale.Any such sale provided for above is to be conducted 1n accordance with the provisions of Sections 2924,2924B and 2924C of the Civil Code of the State of California,applicable to the exercise of powers of sale in mortgages and deeds of trust,or in any other manner permitted or provided by law.The association,through its duly authorized agents,shall have the power to bid on the lot at foreclosure sale,and to acquire and hold,lease,mortgage and convey the same. Section 4.Curing of Default.Upon the timely curing of any default for Wh1Ch a not1ce of cIa1m of lien was filed by the association,the officers of the association are hereby authorized to file or record, as the case may be,an appropriate release of such notice,upon payment by the de.£a.ulting owner of a fee,to be determined by the association, but not to exceed $25.00,to cover the costs of preparing and filing or recording such release,together with the payment of such other costs,interest or fees as shall have been incurred. - 8 - 8m 10539 pm 645 Section 5.Cumulative Remedies.The assessment lien and the rights to foreclosure and sale thereunder shall be in addition to and not in substitution of for all other rights and remedies which the association and its assigns may have hereunder and by law,including a suit to recover a money judgment for unpaid assessments,as above provided.. Section 6.Subordination of Assessment Liens.If any lot subject to a monetary lien created by any prov1sion hereof shall be subject to the lien of a deed of trust: (1)The foreclosure of any lien created.by anything set forth in this Declaration shall not operate to affect or impair the lien of such deed.of trust:and (2)The foreclosure of the lien of deed of trust or the accept- ance of a deed in lieu of foreclosure of the deed of trust shall not operate to affect or impair the lien hereof except that the lien hereof for said charges as shall have accrued up to the foreclosure or the acceptance of the deed in lieu of foreclosure shall be subordinate to the lien of the deed of trust,with the foreclosure-purchaser or deed-in- lieu grantee taking title free of the lien hereof for all said charges that have accrued up to the time of the foreclosure or deed given in lieu of foreclosure,but subject to the lien hereof for all said charges that shall accrue subsequent to the foreclosure or deed given in lieu of foreclosure. ARTICLE VII ARCHITECTURAL CONTROL Section 1.Architectural Approval.No building,fence,wall or other structure shall be commenced,erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein, including patio covers and antennas,be made until the plans and speci- fications showing the nature,kind,shape,height,materials and loca- tion of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surround- ing structures and topography by the Architectural Committee provided. for in Section 3 hereof.Approval shall be withheld if in the reason- able opinion of the committee the view of any lot would be impeded by the erection or alteration of any structure upon the property.In the event said committee,or its designated representatives,fails to approve or disapprove such design and location within thirty (30)days after said plans and specifications have been submitted to it,approval will not be required,and this Article will be deemed.to have been fully complied with. Section 2.Landscaping Approval.No trees,bushes,shrubs or -plants shall be planted or emplaCed until the plans and specifications for the species and placement of any such trees,bushes,shrubs or plants have been submitted to and approved in writing by the Architectural Committee provided for in Section 3 hereof as to the preservation of the natural view and aesthetic beauty which each lot is intended to enjoy.Said plans as submitted shall show in detail the proposed elevations and locations of said trees,bushes,shrubs or plants,including the loca- tion and elevation of same in relation to all other lots subject to these restrictions.Approval of said plans by the Architectural Committee shall be withheld if in the reasonable opinion of the committee the view of any lot would be impeded by the location of such tree,bush,shrub or plant,or in any other manner.In any event,the Architectural Com- mittee shall have the right to require any member to remove,trim,top - 9 - " m~"\0539 rAGl646 or prune any tree,or shrub,which in the reasoz:table belief of the architectural committee impedes or detracts from the view of any lot. Section 3.Apeointment of Architectural Committee.The Declarant shall ~1t1ally appo1nt the Arch1tectural Comm1ttee,consisting of not less than three (3)members,who shall remain in office until: (A)Three (3)years from the date of recording of this Declaration:or (B)Ninety percent (90%)of the lots in said Tract No.7800,"and the lots in tracts annexed hereto have been conveyed,whichever shall first occur.From and after such time or event,as the case may be, the Architectural Committee shall be appointed by the Board of Directors of the association and shall be composed of three (3)or more repre- sentatives who need not be members of the association.In the event of the death or resignation of any member of the committee prior to the time when the Board of Directors of the association is vested with author- ity,the Declarant shall have the right to appoint such member's successor. Section 4.General Provisions.The members of such committee shall not be ent1tled to any compensat10n for services performed pursuant to this covenant.The powers and duties of such committee shall cease on and after forty (40)years from the date of the recording of this Declaration. Thereafter,the approval described in this covenant shall not be required unless,prior to said date and effective thereon,a written instrument shall be executed and duly recorded by the then record owners of a majority of the lots appointing a representative or representatives who .shall thereafter exercise the same powers previously exercised by said committee.Said representatives may be the members of the Board of Directors of the association. ARTICLE VIII DUTIES AND POWERS OF THE ASSOCIATION Section 1.Duties and Powers.In addition to the duties and powers enumerated ~1tS Art1cles of Incorporation and By-Laws,or elsewhere provided for herein,and without limiting the generality thereof,the association shall: (A)Own,maintain and otherwise manage all of the common areas and all facilities,improvements and landscaping thereon,including, but not limited to,the private streets and street furniture and all other property acquired by the association. (B)Pay any real and personal property taxes and other charges assessed against the common areas. (e)Have the authority to Obtain,for the benefit of "all of the common areas,all water,gas and electric services and refuse collection. (D)Grant easements where necessary for utilities and sewer facili- ties over the common areas to serve the common areas and the lots. (E)Maintain such policy or policies of insurance as the Board of Directors of the association"deems necessa~or desirable in further- ing the purposes of and protecting the interests of the association and its members. (F)Have the authority to employ a manager or other persons and to contract with independent contractors or managing agents to perform all or any part of the duties and responsiblities of the association, -10 - BL~~,0539 pm 641 provided that any contract with a person or firm appointed as a manager or managing agent shall provide for the right of the association to terminate the same at the first annual meeting of the members of the association. (G)Have the power to eS.tablish and maintain a working capital and contingency fund in an amount to be determined by the Board of Directors of the association. (H)Have the power of entry upon any lot where necessary in connec- tion with construction,maintenance or repair for the benefit of the common area or common facilities,or the owners. (I)Have a duty to maintain (I)the landscaping in the areas between the edge of the private streets and the outer walls of all courtyards and dwellings,'(11)the face of such outer courtyard walls, (III)the portion of all fences facing Big Canyon Drive and located upon those lots which parallel Big Canyon Drive,and (IV)the landscap- ing in the areas between such fences and the edge of such l'Ot.s which parallel Big Canyon Drive,(V)drainage structures constructed upon the lots,and (VI)all sidewalks,driveways and off-street parking areas within said Tract. (J)Have the power and duty to enforce the prov~s~ons of this Declaration by appropriate means,including without limitation the expenditure of funds of the association,the employment of legal counsel and the commencement.of actions.. (K)Have a duty to maintain the exterior of all residential dwelling units (including exterior painting,exterior walls and ~of such dwellings as originally constructed)and all sidewalks, driveways and off-street parking areas within the property. (L)Have a duty to maintain all drainage facilities and easements owned by the association. ARTICLE IX EASEMENTS Section 1.The rights and duties of the owners of lots within the properties with respect to sanitary sewer and water,electricity,gas and telephone and cable television lines and drainage facilities shall be governed by the following: (A)Wherever sanitary sewer house connections and/or water house connections or electricity,gas or telephone and cable television lines or drainage facilities are installed within the properties,with connec- tions,lines or facilities,or any portion thereof,lie in or upon lots owned by the association or others than the owner of a lot served by said connections,the owners of any lot served by said connections,lines or facilities shall have the right,and are hereby granted an easement to the full extent necessary therefor,to enter upon the lots or to have utility companies enter upon the lots within the properties in or upon which said connections,lines or facilities,or any portion thereof,lie, to repair,replace and generally maintain said connections as and when the same may be necessary as set forth below. (B)Wherever sanitary sewer house connections and/or water house connections or electricity,gas or telephone or cable television lines or drainage facilities are installed within the properties,Which connec- tions serve more than one lot,the owner of each lot served by said -11 - . ·B:.a \0539 rAtl648 connections shall be entitled to the full use and enjoyment of such portions of said connections as service his lot. Section 2.Easements over the properties and common areas for the 1nstallation and maintenance of electric,telephone,cable television, water,gas and sanitary sewer lines and drainage facilities as shown on the recorded ttact map of the properties,are hereby reserved by Declarant,together with the right to grant and transfer the same. Section 3.It is contemplated that there will be other compatible developments for integrated land use pursuant to a master plan.The other property to be so developed is delineated by cross-hatching on Exhibit "A".One or more separate declarations of covenants,con- ditions and restrictions will be imposed on those areas providing for a different association or associations.Declarant hereby reserves to itself,its successors and assigns,and agrees that it will grant to such separate association or associations and all the members thereof, a non-exclusive easement for ingress and egress over and upon all private streets on lands subject to this Declaration.Declarant also agrees that it will reserve to itself,its successors and assigns,the right to grant,and covenants and agrees that it will grant,to the associa- tion and its members an easement for ingress and egress over all pri- vate streets on the land delineated by cross-hatching on Exhibit "A" which are developed as hereinabove set forth and become subject to such separate declarations of covenants,conditions and restrictions. Section 4.Easements over the lots are hereby reserved to Declarant, together with the rights to grant and transfer same for the purposes of: (1)Maintaining the portions of all fences facing Big Canyon Drive and located upon those lots which parallel Big Canyon Drive, (2)Maintaining the landscaping in the areas between the edge of all private streets and the outer walls of all courtyards and dwellings and the face of such outer courtyard walls, (3)Constructing and maintaining sidewalks,driveways and off- street parking areas,and (4)Maintaining the landscaping in the areas between the afore- mentioned fences and the edge of such lots which parallel Big Canyon Drive. Section 5.There is hereby reserved to Declarant,together with the r1ght to grant and transfer the same,over the lots and common areas the right to emplace on,under or across such property,transmission lines and other facilities for a community antenna television system and the right to enter upon the property to service,maintain,repair, reconstruct and replace said lines or facilities:provided,however, that the exercise of such rights does not unreasonably interfere with the OWner's reasonable use and enjoyment of said lot. Section 6.An easement for the purpose of ingress and egress in connect10n with the maintenance of and for the purpose of the mainten- ance of the exterior of all residential dwellings within the property (including exterior painting,exterior walls and roof of such dwellings as originally constructed)is hereby reserved to Declarant over each lot together with the right to grant and transfer the same. -12 - .', Section 7.Easements over the lots and conunon area for the purpose of dra1nage,include,without limiting the generality of the foregoing, drainage from the conunon area over the lots,the installation and maLn- tenance of drainage facilities and ingress and egress for the purpose of such installation and maintenance are hereby reserved to Declarant, together with the right to grant and transfer the same. Section 8.There are hereby granted to the association and its members an easement for the purpose of ingress and egress and main- tenance of adjacent property and improvements thereto over Lots A,B, C,and D of Tract No.7800,as per map recorded in Book 304 , Page 35 throMh :n 'inclusive,of Miscellaneous Maps,Records of Orange County. Section 9.There is hereby reserved over the slopes shown by dotting on EXh~b~t "B n within said Tracts,except slopes that are between con- tiguous lots,an easement for landscaping and maintenance of the land- scaping by the association. ARTICLE X USE RESTRICTIONS Section 1.All lots in the tract and in such property as shall be annexed thereto shall be known and described as residential lots and shall be used for no purpose other than residential purposes,save and except the lots owned by the community association:i.e.,the community area lots on which there may be placed landscaping,recreational facili~ies and private streets.No building shall be erected,altered, placed or permitted to remain on any such residential lot other than a building used as a single family dwelling. Section 2.'No part of the properties 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 Declarant,its successors or assigns,and the owners of any tract annexed pursuant to Article II hereof,may use the properties for a model home site,and display and sales office during the construction and sales period. Section 3.No sign or billboard of any kind shall be displayed to the pUbl~c view on any portion or the properties or any lot,except one sign for each building site,of not more than eighteen (18)inches by twenty-four (24)inches,advertising the.property for sale or rent,or except signs used by Declarant,its successors or assigns,to advertise the property during the construction and sales period. Section 4.No noxious or offensive trade or activity shall be carried on upon any lot or any part of the properties,nor shall anything be done thereon which may be,or may become,an annoyance or nuisance to the neighborhood,or which shall in any way interfere with the quiet enjoyment of each of the owners of his respective dwelling unit,or which shall in any way increase the rate of insurance. Section 5.No oil drilling,oil development operations,oil refining, quarry~ng,or mining operations of any kind shall be permitted upon or in any lot,nor shall oil wells,tanks,tunnels,or mineral excavations or shafts be permitted upon the surface of any lot or within five hundred (500)feet below the surface of the properties.No derrick or other structure designed for use in boring for water,oil or natural gas shall be erected,maintained or permitted upon any lot. -13 - BL~10539~6SO Section 6.No television,radio or other electronic antenna or device of any type shall be erected,constructed,placed or permitted to remain on any of the houses or buildings constructed on the lots in . said tract unless and until the same shall have been approved in writ- ing by the Architectural Committee and the Board of Directors of the association.No television,radio or other electronic antenna shall be erected,constructed,placed or permitted to remain on any of the lots in said tract,unless and until the same shall have been approved in writing by the Architectural Committee and the Board of Directors of the association. Section 7.All drainage of water from any lot and the improvements thereon shall drain or flow as set forth below. (A)Any such water may drain or flow into adjacent streets and shall not be allowed to drain or flow upon adjoining lots unless an easement for such purpose is granted therefor. (B)All slopes or terraces on any lot shall be maintained so as to prevent any erosion thereof upon adjacent streets or adjoining property. (C)Water from lots adjoining the golf course or from lots or portions thereof which are graded so that drainage into adjacent streets would be impracticable may drain or flow onto the golf course only at such locations and upon such conditions as shall be imposed by the Architectural Committee and no drainage except natural sheet flow shall otherwise fl.ow onto the golf course. Section 8.A lot shall be subject to any natural settlement of struc- tures which are so constructed that they are shared in common by adjoin- ing owners,or any encroachment not exceeding four (4)feet onto any lot by reason of a roof or -eave from a structure on an adjoining lot. Section 9.Those owners who have a common wall separating their dwelling un1ts shall equally have the right to the use of such wall,except that each shall have the exclusive right to the use of the interior surface of the wall on his side.Neither owner shall use any portion of the wall so as to interfere with the use and enjoyment of the other owner.This wall shall be considered to adjoin and abut against the property line from the bottom of the foundation over the full length and height of any such dwelling unit.In the event that any portion of such wall,except the interior surface of one side,is damaged or injured from any cause, other than the act or negligence of either party,it shall be repaired or rebuilt at the joint expense of such adjoining owner. Section 10.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,either temporarily or permanently. No trailer,camper,boat or similar equipment shall be permitted to remain upon any property within the properties,unless placed or main- tained within an enclosed garage or carport.No open carport shall be used for the storage of any item,object or vehicle other than an auto- mobile. -14 - .- 8m 10539 PAu65 I Section 11.NO animals,livestock or poultry of any kind,shall be ra1sed,bred or kept on any lot,except that dogs,cats or other house- hold pets may be kept on the lots,provided they are not kept,bred.or maintained for any commercial purpose,or in unreasonable numbers.Not- withstanding the foregoing,no animals or fowl may be kept on properties which result in an annoyance or are obnoxious to residents in the vicinity. Section 12.All rubbish,trash and garbage shall be regularly removed from the properties,and shall not be allowed to accumulate thereon. All clotheslines,refuse containers,woodpiles,storage areas and machinery and equipment shall be prohibited upon any lot,unless obscured from view of adjoining lots and streets,by a fence or appropriate screen. Section 13.All open lattice work and trellises constructed or situated on any of the buildings located within said tract are hereby declared to be an architectural feature and shall not be constructed,covered, removed or enclosed at any time without the prior written approval of the Architectural Committee. Section 14.Fencing,if any,in the fifteen (15)foot rear yard setback area of those lots that have rear yards abutting the golf course,shall be wrought iron with vertical bar spacing of five (5)inches.In addition to being a part of the general plan hereinabove declared with respect to the property,this restriction relates to the aesthetic enjoyment of the golf course known as Big Canyon Country Club which abuts the property and is imposed by Declarant as the owner of the land on which said golf course is constructed for the benefit of said golf course land,shall run with the land,shall be enforceable by Declarant as the o~er of said golf course and its successors and assigns,and shall be binding upon the owner of each lot affected hereby,their successors and assigns. ARTICLE XI GENERAL PROVISIONS Section 1.Enforcement.The association or any owner,or the successor 1n 1nterest of an owner,shall have the right to enforce by proceedings at law or in equity,all restrictions,conditions,covenants,reserva- tions,liens and charges now or hereafter imposed by the provisions of this Declaration or any amendment thereto,including the right to prevent the violation of any such restrictions,conditions,covenants or reser- vations and the right to recover damages or other dues for such viola- tions1 provided,however,that with respect to assessment liens,the association shall have the exclusive right to the enforcement thereof. Failure by the association or any owner to enforce.any covenant,con- dition or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2.Severability.Invalidation of anyone of these covenants, cond1t10ns or restr1ct10ns by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. Section 3.Term.The covenants,conditions and restrictions of this Declaration shall run with and bind the lots,and shall inure to the benefit of and be enforceable by the association or the owner of any -15 - tilU \0539 i'~t 652. lot subject to this Declaration,their respective legal representa- tives,heirs,successors and assigns,for a term of forty (40)years from the date this Declaration is recorded,after which time said covenants,conditions and restrictions shall be automatically extended for successive periods of ten (10)years,unless an instrument,signed by a majority of the then owners of the lots,has been recorded agreeing to change said covenants,conditions and restrictions in whole or in part. Section 4.Construction.The provisions of this Declaration shall be Iiberally construed to effectuate its purpose of creating a uniform plan for the development of a residential community or tract and for the maintenance of common recreational facilities and common areas and streets.The article and section headings have been inserted for con- venience only,and shall not be considered or referred to in resolving questions of interpretation or construction. Section 5.Amendments.This Declaration of covenants,conditions and restr1ct10ns may be amended only by the affirmative assent or vote of not less than seventy-five percent {7St>of the owners and,further, this amendment provision shall not be amended to allow amendments by the assent or vote of less than seventy-five percent (7St)of the owners; provided,however,that Article VI,Section 6 and Article XI,Section 6, shall not be amended without the consent of the lien holder under any first deed of trust.Anr amendment or modification must be properly recorded. Section 6.Mort~age Protection Clause.NO breach of the covenants,con- d1t10ns or restr1ctions here1n conta1ned,nor the enforcement of any lien provisions herein,shall defeat or render invalid the lien of any deed of trust made in good faith and for value,but all of said covenants, conditions and restrictions shall be binding upon and effective against any owner whose title is derived through foreclosure or trustee's sale, or otherwise. Section 7.Sin~lar Includes Plural.Whenever the context of this Declarat10n requ1res same,the singular shall include the plural and the masculine shall include the feminine. Section 8.Nuisance.The result of every act or omission,Whereby any prOV1S10n,condition,restriction,covenant,easement or reserva- tion contained in this Declaration is violated in whole or in part, is hereby declared to be and constitutes a nuisance,either public or private,shall be applicable against every such r~sult,and may be exerciSed by the association,or any other land owner in the tracts. Such remedy shall be deemed cumulative and not exclusive. Section 9.Attornevs'Fees.In the event action is instituted to enforce any of the provisions contained in this Declaration,the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment reasonable attorneys I fees and costs of such suit. Section 10.Election and Removal of Directors.The owners shall vote for the elect10n or removal of the Board of Directors of the association. Each owner entitled to vote in the election for a Director may accumu- late his votes and give one candidate a number of votes equal to the number of Directors to be elected,or distribute his votes on the same -16 - BftF.'0539 PAt£653 principle among as many candidates as he sees fit.The candidates receiving the highest number of votes,up to the number of Directors to be elected,shall be deemed elected.All voting at elections shall be by secret ballot. The entire Board of Directors of the association or any individual Director may be removed by a vote of the owners holding a majority of the outstanding membership entitled to vote at an election of Directors. However,unless the entire board is removed,an individual Director shall not be removed unless the affirmative votes for his removal exceed all or at least equal the minimum number of votes required to elect a Director under cumulative voting procedures.If any Director is removed in the manner authorized above,a new Director may be elected at the same meeting.. ARTICLE XIII CITY'S LIEN The City,as adjoining land owner,and in consideration of grant- ing exceptions to zoning and subdivision requirements and thereby authorizing the development of the subdivision may enforce the provisions of this Declaration relating to the covenants pertaining to the common area within the subdivision in the event Declarant and its successors and assigns (inclUding the association)shall fail to maintain the common area within the subdivision.The City assumes no obligation to enforce any of the covenants,conditions and restrictions contained herein.The rights of the City to enforce the covenants as they relate to mainten- ance of the common area shall only accrue in the event the common area, together with all improvements thereon,is not maintained in an orderly manner without constituting either a public or private nuisance. Declarant covenants for the benefit of the City as an adjoining land owner and for the benefit of owners of residential lots (I)that the common area within the subdivision shall be maintained for the exclusive use and benefit of the inhabitants within the subdivision and their guests,(II)that adequate and permanent access from a street to each residential lot shall be provided for pedestrians and emergency Vehicles, and (III)adequate and permanent provisions for accessible automobile storage will be assured for each residential lot. The City,in the event the common area is not properly maintained in accord~ce with generally accepted standards for maintenance of lawns,shrubs,trees and green areas and all improvements contained within the common area (including without limitation,recreational buildings,streets,curbs,sidewalks and other facilities)or in the event there is any delinquency in the payment of taxes or assessments imposed by law upon the common area portions of the subdivision which continues for thirty (30)days after written notice from the City to the association and to Irvine,may make and enforce assessments which shall be a lien against the residential lots (both fee and leasehold) within the community,and Declarant hereby acknOWledges on behalf of itself,its successors and assigns that any such assessment shall be a lien against the residential lots within the tract or tracts on which there has been a default in maintenance of the common area or payment of taxes and assessments on the common area within said tract or tracts; provided,however,the lien against any residential lot shall not exceed the proportionate share of the total amount of the unpaid taxes and assessments or lien for maintenance,upkeep and repair thereof upon the common area of the tract within which said residential lot is contained, that the assessed value of the land and improvements as shown on the -17 - •....~~. ----. BW:I0539 pa~[654 rolls of the Orange County Tax Assessor for the fiscal year preceding the year in which the defaul~occurs on any single residential lot bears to the assessed value of the land and improvements on all of the resi- dential lots within the tract as to which there is a default.This lien of the City on each residential lot may be enforced by civil action or foreclosure of lien or other remedy:It is the intent of this provision that the City is to enfo+ce its assessment and lien on a tract by tract basis and not as to the entire community. IN WITNESS WHEREOF,Declarant has executed this instrument the day and year first hereinabove written. THE IRVINE COMPANY STATE OF CALIFORNIA COUNTY OF ORANGE SS ---if -f- PresidEmt -, i,< j ._./ I , ,....- On -'-..-{.:';,...,..........--..././~''7~.,before me,the undersigned,a Notary PublJ.c,J.n ana·;for 'saJ.d County and State,personally appeared fRANK Eo HUGHES ,known to me to be the Vice President, and w..STEPHEN SMITH III ,known to me to be the Assistant Secretary of THE IRVINE COMPANY,the corporation that executed the within instrument,and known to me to be the persons who executed the within instrument on behalf of said corporation,and acknowledged to me that said corporation executed the within instrument pursuant to its By-Laws or a resolution of its Board of Directors. WITNESS my hand and official seal. Notary pU6lJ.c,J.n and and..Stat~/ fo:t'"/saJ.d Cpunty 1/~/ -18 - ~omCIALSUL .(:~JOYCE A.GRAY ·~'61·~.)t.NOTARY Pl.lILlC •CALli'QIIN/A'r PRINIClfoAL llFf.~C 11'1 ,CIlANG!!.;oUIll"l' My Ollmmission ElIpirw MIfCh ~"1!fY) RECORDING '\ REO,hoSTED BY. When ~ecorded mail to: DEVINE PROPERTIES,INC. Post Office Box 687 Corona del Mar,California 92625 I'tm.~(\976 ..,,. AMENDMENT NO.1 TO THE DECLARATION OF COVENANTS;CONDITIONS &~D RESTRICTIONS OF TRACT 7800 THIS AMENDMENT NO.1 TO THE DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS OF TRACT 7800,made this 5th day of February,1976, by CANYON LAKES COMMUNITY ASSOCIATION,a California corporation,here- inafter referred to as "Association",having acquired interest by Corporation Grant Deed dated August 27,1974,recorded April 6,1971, in Book 9596,Page 902,Official Records,Orange County,California, provides as follows: RECITALS Association is the owner of certain property located in the County of Orange,State of California,described as follows: "Lots 1 to 17 inclusive of Tract No.7800 in the County of Orange, State of California,as per maps recorded in Book 304,Page 35 to 37 inclusive,maps,in ,the Office of the County Recorder of saiq County." Association desires to amend said Declaration of coven~ts,Con- ditions,and Restrictions pursuant to Article X,Section 10,which requires not less than seventy-five per cent (75%)affirmative vote of the membership,said requirement having been fulfilled at the February 5,1976,special membership meeting,as hereinafter provided: WIT N E SSE T H: 1.There is hereby rewording and replacement of Article X,Section 10,as follows: "Section 10.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,either temporary or permanently. No trailer,mobile home,recreational vehicle,truck,flat bed,pickup truck,camper,boat,boat trailer or similar equipment,regardless of size or weight,shall be permitted to remain upon any property within the properties,unless placed or maintained within an enclosed garage or carport.No open carport shall be used for storage of any items,ob- ject or vehicle other than a standard passenger automobile and as not ~ove excluded.In the event the Association is required to go to court to enforce these restrictions,then the homeowner accused of violation shall bare all court costs and reasonable attorney's fees. 2.Except as herein amended,all the terms and conditions of said Declaration of Covenants,Conditions and Restrictions of ·Tract 7800 shall remain in full force and effect. IN WITNE~S WHEREOF,Association has executed this Amendment No.1 to Declaration of Covenants,Conditions and Restrictions of Tract 7800 as of the day and year first above written. CANYON LAKES COMMUNITY ASSOCIATION By ~5;JL~J~~dent ."--......,, By