RANCHO SANTA FE PROTECTIVE COVENANT
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Par. 168. (c) The Secretary of the Association may file for record with said County Recorder the amount of each lien, established herein, remaining delinquent and unpaid after a reasonable period after the date the said lien becomes due, together with reasonable penalties, and upon payment thereof shall execute and file for record a proper release thereof.
Par. 169. (d) (As amended in 1930). Provided, also, that any encumbrancer in good faith and for value, or any title company or persons certifying, guaranteeing or insuring the said title for any such encumbrancer, shall be fully protected if either prior to the execution of such encumbrance or prior to its recordation, such encumbrancer or title company or persons certifying, guaranteeing or insuring the said title for such encumbrancer shall procure a certificate from the Secretary of the Association showing the status of the property to be encumbered with reference to existing liens, rights of forfeiture, rights to remove or to cause the removal of nonconforming structures and rights to abate or enjoin present existing non-conforming uses of structures, and, in situations where the encumbrancer has been advised that the proceeds of his loan or advancement are to be used in the construction of any structure on or in the effectuation of any improvement upon the said property, such encumbrancer, company or persons certifying, guaranteeing or insuring the said title for such encumbrancer shall also procure a certificate from the Secretary of the Art Jury approving the plans and specifications for any structure or improvement contemplated to be constructed or effectuated, either partly or wholly, from the moneys advanced or to be advanced by such encumbrancer.
Par. 170. (e) (As amended in 1930). No application for amendment, change, modification or termination of any of the restrictions, conditions, covenants, reservations liens and/or charges, as provided in this Article shall be circulated for signature nor shall it be valid or considered by the Association unless the same shall have been submitted to the Secretary thereof prior to the affixing of any signature thereto and shall have endorsed thereon by said Secretary a certificate as to the correctness of form and description of areas referred to therein, and the date of issuance for circulation and a complete copy thereof filed with said Secretary. Each said application and all signatures attached thereto shall become void six months from and after said endorsed date of circulation (provided said time may be extended not to exceed an additional six months by resolution of the Association endorsed on the petition by the Secretary thereof) unless approved as herein provided by the Association prior to the expiration of said six months period or said approved extension thereof. No such application, approval of which has been denied by the Association, shall again be considered by the Association until after a period of one year shall have elapsed from the date of said denial of approval. If the Secretary shall refuse to certify the application as aforesaid the applicant may present the application to the Board of Directors who shall have power and authority to make such certification by a majority vote and it shall be the duty of the Board to duly consider and pass upon such application.
Par. 171. Section 5. Annexation of Additional Property. If at any time the owner or owners under deed or under a contract to purchase lands contiguous and/or adjacent, and/or within reasonable distance of said property shall agree to hold, sell and convey such land subject to restrictions, conditions, covenants, reservations, liens, or charges set forth in a covenant executed by such owner or owners and approved in writing by the Association and the Art Jury, and thereafter recorded in the office of said County Recorder, the Association and the Art Jury shall then and thereafter have power to do and perform any and all of the acts, to fix, impose and collect charges, assessments and dues from the owners of said lands as therein provided and to grant said owners membership in the Association as therein agreed to; provided, however, that the Art Jury shall be given full jurisdiction over all lands and property over which the Association may at any time have jurisdiction.
Par. 172. Section 6. Action of Breach. (a) Each and all of said restrictions, conditions and covenants, reservations, liens and charges is and are for the benefit of each parcel of land and the owner thereof (or any interest therein) in said property and they and each thereof shall inure to and pass with each and every parcel of said property, shall apply to and bind the respective assigns and successors in interest of the undersigned property owners and of each owner of any part of said property. It is further understood and agreed by each of said owners signatory hereto and by each owner of any part of said property that each and every one of the foregoing covenants shall be conditions subsequent, and that upon the subsequent, and that upon the breach of them, or any of them, by said owner, his heirs, executors, administrators or assigns, and after due notice thereof has been recorded in the office of said County Recorder, and sixty days have elapsed since the recording of said notice of breach, as aforesaid, and no remedy of said breach having been made, the right of re-entry and of reversion of the title to that portion of said property upon or as to which that said breach has occurred shall revert to and be vested in the Association, its successors and assigns. And as to each owner of any part of said property, the said restrictions, conditions and covenants shall be covenants running with the land, and the breach of any thereof, and the continuance of any such breach may be enjoined, abated or remedied by appropriate proceedings by the owner of the reversionary rights or by any such owner of any part of said property or by the Association, but such reversion shall not affect or impair the lien of any bona fide mortgage or deed of trust executed in good faith and for value; provided, however, that any subsequent owner of said part of said property shall be bound by the said restrictions, conditions, and covenants, whether title be obtained by foreclosure or at a trustee’s sale, or otherwise.
Par. 173. (b) Each owner of any part of said property, for himself, his successors and assigns, hereby agrees and obligates himself, his successors and assigns, by this covenant running with said property, upon the execution of a deed conveying and transferring any part of said property, to insert in such deed each and all of the conditions, covenants of restriction, and other covenants, reservations, covenants for liens and charges, herein and hereby provided for, by proper reference to the same so as to expressly incorporate the same in such deed to the same legal effect as though the same were each and all expressly set forth in full in said deed; provided that the provisions of this paragraph (b) hereof shall become null and void as to any portion of said property from and after such time as a deed shall have been executed therefor under conditions subsequent as herein provided.
Par. 174. (c) Furthermore, each owner of any part of said property, for himself, his successors and assigns, hereby agrees and obligates himself, his successors and assigns, by this covenant running with said property, upon the execution of such deed, to forthwith convey and transfer to the Association all the right, title and interest reserved to him, his successors and assigns, under and by virtue of the said conditions and/or covenants of restriction as a part of said conditions, inclusive of the rights of reentry and/or the right of reversion of title upon breach of said conditions and/or covenants of restriction, or any of them, to the end that said Association, as the holder and owner of such reversionary rights, may exercise the powers and obligations granted to and imposed upon it by the provisions of this instrument.
Par. 175. (d) (As amended in 1930). Anything to the contrary in this section notwithstanding no right of reversion shall exist as to a breach for any of the following causes, namely, non-payment of assessments and/or violation or breach of the provisions of Sections 5, 6, 10 and 15 of Article I hereof, but every other remedy herein provided shall apply to any and all such breaches.
Par. 176. (e) (As amended in 1939). There shall be no forfeiture of any property for breach of any covenant provision until ninety (90) days after a preliminary judicial decree declaring that such property is subject to forfeiture, and there shall be no final decree of forfeiture if during such ninety day period the acts or conduct constituting the grounds for forfeiture shall have been discontinued, or the property shall otherwise have been brought into conformity with the Covenant.
Par. 177. Section 7 (As amended in 1930). Violation of Conditions. The violation of any of the restrictions or conditions or the breach of any of the covenants hereby established or provided for shall also give to the Association the right, upon ten days written notice to the owner charged with such violation and/or breach specifying in detail the alleged violations and after public hearing before the Board of Directors at the time and place fixed in said notice and on the entry of written findings by the Board setting forth what the violations consist of, to enter upon the property upon or as to which such violation or breach exists and to summarily abate and remove, at the expense of the owner thereof, any erection, thing or condition that my be or exist thereon contrary to the intent and meaning hereof, unless the breach or breaches specifically set forth in the written findings of the Board are cured within ten days from and after the entry of such findings; and the undersigned property owners and the owners of said property or of any part thereof and their successors in interest or the Association shall not thereby be deemed guilty of any manner of trespass for such entry abatement or removal.
Par. 178. Section 8. Violation Constitutes Nuisance. Every act of omission, whereby any restriction, condition or covenant is this covenant set forth, is violated in whole or in part, is declared to be and shall constitute a nuisance and may be abated by the undersigned owners and the owners of said property or of any part thereof or their and each of their successors in interest and/or by the Association and/or by any lot owner subject to the jurisdiction of the Association; and such remedy shall be deemed cumulative and not exclusive.
Par. 179. Section 9. Construction and Validity of Restrictions. All of said restrictions, conditions, covenants, reservations, liens and charges contained or provided for in this covenant shall be construed together, but if it shall at any time be held that any one of said restrictions, conditions, covenants, reservations, liens or charges or any part thereof, is invalid, or for any reason becomes unenforceable, no other restrictions, condition, covenant, reservation, lien or charge or any part thereof shall be thereby affected or impaired; and each owner of any part of said property, his successors, heirs, and/or assigns, shall be bound by each article, section, subsection, paragraph, sentence, clause and phrase of this covenant, irrespective of the fact that any article, section, subsection, paragraph, sentence, clause or phrase shall be declared invalid.
Par. 180. Section 10. Interpretation and Enforcement by the Association. The Association in its own name so far as it may lawfully do and/or in the name of any lot or parcel owner subject to its jurisdiction, shall interpret and/or enforce any or all restrictions, conditions, covenants, reservations, liens, charges and agreements herein or at any time created for the benefit of the said property or of any property which may thereby be expressly made subject to its jurisdiction by the owners thereof, or to which said lots or any of them may at any time be subject. In case of uncertainty as to meaning of said provisions or of any provisions of this covenant, the Association shall (except as otherwise provided herein and except as to the provisions of Article III hereof which shall be interpreted by the Art Jury) in all cases interpret the same and such interpretation shall be final and conclusive upon all interested parties.
Par. 181. Section 11. Right to Enforce. The provisions contained in this covenant shall bind and inure to the benefit of and be enforceable by any undersigned property owner, by the Association, and/or by the owner or owners of any portion of any land at any time under the jurisdiction of the Association, their and each of their legal representatives, heirs, successors and assigns and failure by the undersigned, the Association or any such property owner, or their legal representatives, heirs, successors, or assigns to enforce any of such restrictions, conditions, covenants, reservations, liens or charges shall in no event be deemed a waiver of the right to do so.
Par. 182. Section 12. Exceptions. Any portion of the said property or any interest therein, title to which is acquired by the State of California and/or the United States of America and/or by any public authority, may with the written approval of the Association, or its successors in interest to the reversionary rights provided herein, and the Art Jury, be specifically exempted from any or all of the provisions herein except the provisions of Article I hereof.
Par. 183. Section 13. Void After July 1, 1930, Unless Owners of 5000 Acres Sign. Anything to the contrary herein notwithstanding, this covenant shall on July 1, 1930, become null and void, and of no effect, unless on or before said date fee owners and/or contract purchasers, exclusive of encumbrance owners, of a total of not less than 5000 acres of record title of property within said Rancho Santa Fe, shall have been made parties of record hereto either by execution of this instrument of by separate acceptance thereof as herein provided, filed for record with said County Recorder. (Not applicable to Tract 2089 - See pages 42 and 43.)
Par. 184. Section 14. If for any reason any owner of hereinbelow described parcels shall fail to sign this covenant, nevertheless the same shall be binding and enforceable as to all of its provisions upon each and every parcel of land and the owner thereof who signs the same.
Par. 185. Section 15 (Added in 1930). All notices required under this covenant must be given in writing by depositing the same in the U.S. Mail, postage prepaid, properly addressed to the person to whom it is to be delivered at his last known address as the same appears upon the books and records of the Association.
ARTICLE VI
Local Protective Restrictions
Par. 186. Section 1. Uses of the Property, Class A Districts. The following portions of said property are hereby established as Residence Districts of Class A as defined and limited herein:
Par. 187. All of said property, except as otherwise provided; and provided further:
- That the following portions of said property may also be used for a golf course, park, public or private club:
Block 18, Lots 1 to 4 inclusive, 6 to 12 inclusive, 14 and 15.
Block 19, Lots 1 to 4 inclusive.
Block 25, Lots 1, 2 and 3.
Block 26, all.
- That the following portions of said property may be used for the quarrying or taking out of sand, gravel or rock:
Block 48, Lot 10.
Block 44, Lot 1.
- That the following portions of said property may be used and subdivided as follows:
Block 2, Lots 1 and 2, not to exceed 15 building sites.
Block 11, Lot 1, not to exceed 3 building sites.
Block 30, Lots 3 and 4, not to exceed 3 building sites per acre.All the remainder of said herein described property in Residence Districts of Class A, not to exceed 1 building site per acre.
and provided further that with the written approval of the Association as provided in Section 2 of Article II hereof a greater number of building sites may be used or subdivided.
Par. 188. Class B Districts. (b) The following portions of said property are hereby established as Residence Districts of Class B, as defined and limited herein:
- Block 18, in Lot 16, all that portion thereof lying not more than 192 feet from the centre line of El Tordo and not less than 120 feet from the centre line of La Granada extended northwesterly.
- Block 30, in Lot 3, all that portion thereof lying not more than 160 feet from the centre line of La Flecha and not less than 140 feet from the centre line of La Granada extended southeasterly.
- Block D, all that herein described portion thereof lying not less than 120 feet northeasterly of the centre of La Granada.
- Block E, all that portion thereof lying not less than 140 feet northeasterly of the centre line of La Granada.
Par. 189. Class C Districts. (c) The following portions of said property are hereby established as residence districts of Class C as defined and limited herein:
- Block 26, Lot 6, all that portion thereof lying not more than 192 feet from the centre line of El Tordo nor more than 212 feet from the centre line of Linea del Cielo, excepting therefrom the property owned by Santa Fe Irrigation District.
- Block 31, Lot 1, all that herein described portion thereof lying not more than 182 feet from the centre line of La Gracia or La Flecha.
- Block 32, Lots 1,2 3, 7 and 8.
- Block G, Lot 6.
Par. 190. Class D Districts. (d) The following portions of said property are hereby established as business districts of Class D as defined and limited herein.
- Block 18, Lots 16 and 17, all that portion thereof lying not more than 130 feet from the centre line of El Tordo nor more than 120 feet northeasterly from the centre line of La Granada extended northwesterly.
- Block C, all thereof northeasterly of a line drawn parallel to and 160 feet northeasterly from the centre line of Avenida de Acacias, provided that the existing school building at the corner of La Granada and Paseo Delicias may be used for a theater.
- Block D, Lots 1 and 2.
- Block E, Lots 1, 2, 23 and 24 and the southwesterly twenty feet of Lots 3 and 22.
- Block F, all of the northwesterly half thereof, provided the present garage and oil station may be continued in use thereon but only for so long as said buildings are maintained without enlargement.
- Block G, Lots 3, 4 and 5.
Par. 191. Class E Districts. (e) The following portions of said property are hereby established as business and public use districts of Class E as defined and limited herein:
- Block C, all thereof southwesterly of a line parallel to and 160 feet northeasterly from the centre line of Avenida de Acacias.
- Block G, Lots 1, 2, 10, 11 and 12.
Par. 192. Class F Districts. (f) The following portions of said property are hereby established as business and public use districts of Class F as defined and limited herein:
- Block 30, Lot 3, all that portion thereof lying not more than 160 feet southeasterly from the centre line of La Flecha and not more than 140 feet northeasterly from the centre line of La Granada extended southeasterly.
- Block F, the easterly quarter.
Par. 193. Class G Districts. (g) The following portions of said property are hereby established as business and public use districts of Class G as defined and limited herein.
- Block 30, Lot 3, all that portion thereof between Via de Santa Fe and La Granada extended southeasterly and lying not more than 142 feet from the centre line of La Flecha.
- Block F, the southerly one-quarter.
Par. 194. Class H Districts. (h) The following portions of said property are hereby established as business and public use districts of Class H as defined and limited herein:
- Blocks A, B, and H.
Par. 195. Section 2. Type 1 Architecture Districts. (a) The following portions of said property are hereby established as Type 1 Architecture Districts, as defined and limited herein:
Par. 196. All of said property not otherwise established.
Par. 197. Type II Architecture Districts. (b) The following portions of said property are hereby established as Type II Architecture Districts, as defined and limited herein:
Par. 198. All of said property in Districts of Classes B, C, D, E, F, G, H, J, K, and L.
Par. 199. Section 3. Minimum Cost of Buildings. (a) No building or structure exclusive of accessory outbuildings shall be erected, placed or maintained upon any building site embracing any of the following parcels of said property herein described or any portion or portions of said parcels, which, including a reasonable profit of builder, shall cost or be of the value of less than the sum set opposite said parcel in the following list, to-wit:
Lot 1, Block 2, $10,000.
Lot 2, Block 2, $6,000.
Lot 1, Block 4, $8,000.
Lot 2, Block 4, $8,000.
Lot 3, Block 4, $8000.
Lot 1, Block 6, $10,000.
Lot 2, Block 6, 10,000.
Lot 4, Block 6, $10,000.
Lot 5, Block 6, $10,000.
Portion Lot 2, Block 10, $6,000.
Portion Lot 3, Block 10, $6,000.
Portion Lot 9, Block 10, $6,000.
Lot 1, Block 11, $10,000.
Portion Lot 2, Block 12, $8,000.
Lot 1, Block 14, $8,000.
Lot 3, Block 14, $8,000.
Lot 4, Block 14, $8,000.
Lot 2, Block 15, $8,000.
Lot 3, Block 15, $8,000.
Portion Lot 1, Block 17, $10,000.
Lot 16, Block 18, $6,000.
Lot 17, Block 18, $6,000.
Portion Lot 1, Block 19, $6,000.
Lot 2, Block 19, $6,000.
Lot 3, Block 19, $6,000.
Lot 4, Block 19, $6,000.
Lot 3, Block 20, $8,000.
Lot 4, Block 20, $8,000.
Lot 3, Block 21, $8,000.
Lot 4, Block 21, $8,000.
Lot 5, Block 21, $8,000.
Portion Lot 6, Block 21, $8,000.
Lot 2, Block 22, $8,000.
Portion Lot 4, Block 22, $8,000.
Lot 6, Block 22, $10,000.
Lot 1, Block 23, $8,000.
Lot 2, Block 23, $8,000.
Lot 3, Block 23, $8,000.
Lot 4, Block 23, $8,000.
Lot 1, Block 24, $10,000.
Lot 2, Block 24, $10,000.
Lot 3, Block 24, $10,000.
Portion Lot 7, Block 24, $10,000.
Lot 8, Block 24, $10,000.
Lot 9, Block 24, $10,000.
Lot 10, Block 24, $10,000.
Portion Lot 11, Block 24, $10,000.
Lot 1, Block 25, $8,000.
Lot 2, Block 25, $8,000.
Lot 3, Block 25, $8,000.
Portion of Lot 2 in Block 27, $15,000.
Portion of Lots 6, 7 and 8 in Block 27, $10,000.
Portion of Lot 4, Block 27, $10,000.
Lot 1, Block 29, $7,500.
Portion Lot 3, Block 30, $6,000.
Portion Lot 4, Block 30, $6,000.
Portion Lot 1, Block 31, $6,000.
Portion Lot 2, Block 31, $6,000.
Portion Lot 3, Block 31, $6,000.
Lot 1, Block 32, $6,000.
Portion Lot 2, Block 32, $6,000.
Lot 7, Block 32, $8,000.
Portion Lot 8, Block 32, $10,000.
Portion Lot 9, Block 32, $6,000.
Portion Lot 14, Block 33, $8,000.
Lot 1, Block 34, $6,000.
Lot 2, Block 34, $6,000.
Lot 3, Block 34, $8,000.
Lot 4, Block 34, $6,000.
Lot 5, Block 34, $8,000.
Lot 6, Block 34, $6,000.
Lot 7, Block 34, $6,000.
Lot 8, Block 34, $6,000.
Lot 1, Block 35, $4,000.
Lot 2, Block 35, $4,000.
Lot 3, Block 35, $4,000.
Lot 4, Block 35, $6,000.
Lot 5, Block 35, $6,000.
Lot 1, Block 36, $6,000.
Lot 2, Block 36, $6,000.
Lot 3, Block 36, $6,000.
Portion Lots 5 and 6, Block 36, $6,000.
Lot 9, Block 37, $6,000.
Lot 10, Block 37, $6,000.
Lot 11, Block 37, $6,000.
Lot 12, Block 37, $6,000.
Lot 14, Block 37, $6,000.
Lot 15, Block 37, $6,000.
Lot 16, Block 37, $6,000.
Lot 17, Block 37, $6,000.
Lot 18, Block 37, $6,000.
Lot 19, Block 37, $6,000.
Lot 20, Block 37, $6,000.
Lot 21, Block 37, $6,000.
Lot 23, Block 37, $6,000.
Lot 24, Block 37, $6,000.
Lot 25, Block 37, $6,000.
Lot 26, Block 37, $6,000.
Lot 27, Block 37, $6,000.
Lot 28, Block 37, $6,000.
Lot 29, Block 37, $6,000.
Lot 1, Block 43, $8,000.
Lot 2, Block 43, $8,000.
Lot 3, Block 43, $8,000.
Lot 4, Block 43, $8,000.
Lot 5, Block 43, $8,000.
Portion Lot 6, Block 43, $8,000.
Portion Lot 1, Block 44, $15,000.
Lot 2, Block 47, $6,000.
That portion Lot 10, Block 47 (fronting Camino Viejo), $3,500.
That portion Lot 10, Block 47 (fronting Los Planideros), $7,500.
Lot 11, Block 47, $10,000.
That portion Lot 12, Block 47 (fronting Los Planideros), $7,500
That portion Lot 12, Block 47 (fronting Via de la Valle), $3,500.
Lot 6, Block 48, $10,000.
Lot 7, Block 48, $10,000.
Lot 8, Block 48, $10,000.
Portion Lot 9, Block 48 (fronting Los Planideros), $10,000.
Portion Lot 9, Block 48 (fronting Via de la Valle), $3,500.
Lot 10, Block 48, $3,500.
Lot 11, Block 48, $3,500.
Lot 12, Block 48, $3,500.
Lot 14, Block 48, $3,500.
Any portion of Block C, $6,000.
Any portion of Block D, $6,000.
Any portion of Block E, $6,000.
Any portion of Block F, $6,000.
Any portion of Block G, $6,000.
Any portion of Block J, $8,000.Par. 200. The word “portion” as used in this section shall be taken to be the respective portion of the lot above indicated as described at the end of this covenant.
Par. 201. Section 4. Building and Set-Back Lines. No building or part thereof, including porches, except steps, balconies, or other architectural features approved by the Art Jury shall, except as otherwise herein specified, be erected, placed, permitted or maintained on said property nearer any street than the distance set after each parcel as follows:
Par. 202. (a) For all property abutting upon a Major Traffic Street, not less than eighty-two (82) feet from the centre line of said major traffic street, in a residence district of Class A; the major traffic streets of Rancho Santa Fe are hereby established and declared to be as follows:
- Via de la Valle from the south limit of Rancho Santa Fe to Paseo Delicias.
- Linea del Cielo from the west limits of Rancho Santa Fe to El Tordo.
- La Orilla from west limits of Rancho Santa Fe to Rambla de las Flores.
- Rambla de las Flores from La Orilla to La Valle Real.
- La Valle Real from Rambla de las Flores to Avenida de Acacias, and the extension thereof to a connection with La Granada.
- Avenida de Acacias from La Valle Real to San Elijo.
- San Elijo from Avenida de Acacias to El Montevideo.
- El Montevideo from Paseo Delicias to Via de Fortuna.
- Via de Fortuna from El Montevideo to El Camino del Norte.
- El Camino del Norte from the west limits of Rancho Santa Fe to Paseo Delicias.
- Paseo Delicias from El Tordo to El Camino del Norte.
- El Escondido from Paseo Delicias to the east limits of Rancho Santa Fe.
- Via de Santa Fe from Via de la Valle to its connection with La Granada.
Par. 203. Excepting from the provisions of this paragraph (a) the following lots:
Par. 204. (b) except where an arcade is built, as provided in paragraph (c) of this section, for property abutting on Civic Center Traffic Streets, as follows:
- From the centre line of El Tordo, between Linea del Cielo and Paseo Delicias; not less than 46 feet.
- From the centre line of Paseo Delicias, between Avenida de Acacias and El Tordo:
On both sides, not less than 45 feet except on the northwesterly side between a line drawn parallel to and 80 feet northeasterly from the centre line of Avenida de Acacias and a line parallel to and 100 feet southwesterly from the centre line of La Granada, where it shall be not less than 60 feet.
- From the centre line of La Flecha, between a point 140 feet northeasterly of the centre line of La Granada and Paseo Delicias, not less than 46 feet.
- From the centre line of La Granada, extended southeasterly from La Flecha into Via de Santa Fe, on the southwesterly side 28 feet and on the northeasterly side 52 feet.
- From the centre line of La Granada, between La Flecha and Paseo Delicias:
In the northeasterly side, not less than 56 feet.
On the southwesterly side, not less than 36 feet. - From the centre line of La Granada, between Paseo Delicias and El Tordo:
On the northeasterly side, not less than 35 feet.
On the southwesterly side, not less than 56 feet. - From the centre line of La Granada extended 130 feet northwesterly from the centre line of El Tordo:
On the northeasterly side, not less than 36 feet.
On the southwesterly side, not less than 56 feet.
Par. 205. (c) The distance of the building setback lines as established in paragraph (b) above from the centre lines of the respective streets, may be reduced 16 feet, provided an arcade or colonnade be constructed and maintained with a sidewalk space on the curb level not less than 16 feet in depth from and adjoining the property line, nor less than ten (10) feet in height, except for columns, arches, piers or other architectural features approved by the Art Jury, and an easement for said arcade passages is hereby established, reserved, and granted in perpetuity to the Association, over and along the property abutting upon the following streets:
- El Tordo, from Avenida de Acacias to 120 feet northeasterly of the centre line of La Granada, on both sides of said street.
- Paseo Delicias, from Avenida de Acacias to La Granada, northwesterly side.
- La Granada, from La Flecha to 130 feet northwesterly from the centre line of El Tordo, on both sides, except on Lot 24 in Block D.
Par. 206. (d) For the remainder of said property, sixty (60) feet from the centre line of any public street in a residence district of Class A.
Par. 207. Set-Backs From Side Lot Lines. (e) On every lot in a residence district of Class A a free space shall be left adjoining each of the side lot lines thereof, extending the full depth of the lot; and no building or part thereof, including porches, and steps, balconies or other architectural features approved by the Art Jury, shall be erected, permitted or maintained on or upon said free spaces of any lot in said property. The width of each of said free spaces measured at any point in the depth of the lot shall be not less than seven and one-half (7½) feet plus one-tenth (1/10) foot for each foot by which the width of the lot at that point exceeds fifty (50) feet up to a maximum required width of free space of twenty (20) feet; provided, however, that the width of free space on one side of a lot may be reduced by not more than one third (1/3) of the width above required if the width of the free space on the opposite side of the lot is at all points greater than the width above required by a proportionate amount. Provided that the provisions of this paragraph shall not apply to the common lot line between lots used jointly as one building site, or as to which an approved partywall agreement exists, as provided in paragraph (c) of section 21 or Article IV, hereof.
Par. 208. (e) If the width, or set back lines of any lot be difficult of determination by reason of its irregular shape or otherwise, or if the extent or location of the free spaces required herein be uncertain, the Building Commissioner of the Association shall in all cases determine what are to be deemed the width and set-back lines of such lot and the extent and location of such free spaces and such determination in respect thereto shall be final.
Par. 209. (f) Variations in Set-Back Lines. Anything to the contrary herein notwithstanding, the right and power is expressly established and granted to the Association, and its successors in interest, on account of the irregular topography in said property, the difficulty of making garages accessible to the street, and other unforeseen conditions which may work undue hardship in certain cases, to make by written agreement with the owner or owners of any building site in said property reasonable variations in the set-back distances herein or hereafter established, provided said variations are not, in the opinion of the Art Jury, injurious or undesirable to the neighborhood in which they occur, and the approval of the Art Jury be given thereto in writing; and provided further that gate lodges may, with the approval of the Art Jury, be constructed and maintained on or adjoining the street line.
DECLARATION NO. 2 OF ESTABLISHMENT
of
Local Protective Restrictions, Conditions, Covenants, Reservations, Liens and Charges Affecting the Property Known as
TRACT 2089
A Resubdivision of Block 18, Rancho Santa Fe, Which Is Situated in the County of San Diego in the State of California
(Recorded April 17th, 1928, in Book 1447, Page 468, of Official
Records of San Diego County, California)PREAMBLE
DECLARATION made on this 14th day of April, 1928, by Santa Fe Land Improvement Company, hereinafter referred to as the “Company,” corporation organized and existing under and by virtue of the laws of the state of California:
WHEREAS, said Company is owner of a certain tract of land in the County of San Diego, State of California, known as Tract Number 2089, of said County, as per Map recorded January 30th, 1928, as Map No. 2089, filed in the Office of the Recorder of the County of San Diego, State of California; and
WHEREAS, said Company and others did on the 9th day of February, 1928, file in the office of the said County Recorder, in Book 1412, Pages 436 et seq., of Official Records of said County a certain Declaration No. 1 of Establishment of Basic Protective Restrictions, et cetera, known and hereinafter referred to as “Rancho Santa Fe Protective Covenant”; and
WHEREAS, said Company desires to subject the land in said Tract Number 2089 to certain local protective restrictions, conditions, covenants, liens and charges in addition to those set forth in said Rancho Santa Fe Protective Covenant, as hereinafter set forth; and
WHEREAS, the power to interpret and enforce certain of the conditions, restrictions, and charges set forth in this Declaration is to reside in Rancho Santa Fe Association, a non-profit, cooperative association organized and existing under and by virtue of the laws of the State of California, and in Rancho Santa Fe Art Jury, created and established as provided in said Rancho Santa Fe Protective Covenant:
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the Company hereby certifies and declares that, anything to the contrary in section 13 of Article V of said Rancho Santa Fe Protective Covenant notwithstanding, all of the terms and provisions of said Rancho Santa Fe Protective Covenant recorded in Book 1412, pages 436 et seq., of Official Records in the Office of the Recorder of the County of San Diego, State of California, except said Section 13 of Article V thereof, and of this Declaration shall be and remain in full force and effect from the date hereof and from and after July 1st, 1930, as to all of the land in said Tract Number 2089, as per Map No. 2089, filed January 30th, 1928, in the Office of said Recorder, regardless of whether or not on or before July 1st, 1930, the fee owners, and/or contract purchasers, exclusive of encumbrance owners, of a total of 5000 acres of record title of property within said Rancho Santa Fe shall have been made parties of record to said Rancho Santa Fe Protective Covenant; and that in addition and supplemental to the basic plan set forth in said Rancho Santa Fe Protective Covenant, it has established and does hereby establish the local plan for the protection, maintenance, development and improvement of said Tract Number 2089, and has fixed and does hereby fix the local protective restrictions, conditions, covenants, reservations, liens and charges upon and subject to which all lots, parcels and portions of said Tract Number 2089 shall be held, leased or sold and/or conveyed by it as such owner, each and all of which is and are for the benefit of all of said tract and of all property at any time subject to Rancho Santa Fe Protective Covenant and of each owner of land therein and shall inure to and pass ith said tract and each and every parcel of land therin and shall apply to and bind the respective successors in interest of the present owners thereof, and are and each thereof is imposed upon said realty as a servitude in favor of said property and of all property at any time subject to rancho Santa Fe Protective Covenant and each and every parcel of land therein as the dominant tenement or tenements, as follows, to-wit:
ARTICLE I
Local Protective Restrictions
Par. 210. Section 1. Uses of Property, Class A Districts. (a) The following portions of property in said Tract Number 2089 are hereby established as residence districts of Class A as defined and limited in said Rancho Santa Fe Protective Covenant:
Par. 211. All of said property, except as otherwise provided in this section, provided that each of said lots in said Tract may be used as one building site only.
Par. 212. Class B Districts. (b) The following portions of said Tract are hereby established as residence districts of Class B, as defined and limited in said Rancho Santa Fe Protective Covenant:
Lots 136, 137 and 138.Par. 213. Class D Districts. (c) The following portions of said Tract are hereby established as business districts of Class D, as defined and limited in said Rancho Santa Fe Protective Covenant:
Lots 129 to 134, inclusive,provided that an arcaded passage shall be constructed as part of buildings on said lots, with size and location as provided in Section 4, Art. VI, of said Rancho Santa Fe Protective Covenant.
Par. 214. Class H Districts. (d) The following portions of said Tract are hereby established as business and public use districts of Class H, as defined and limited in said Rancho Santa Fe Protective Covenant:
Lots 27, 45, 61, 80, 107 and Lots 139 to 148, inclusive,provided that Lot 145 shall never be used for any purpose other than a golf course, park or recreation field, except with the approval in writing duly acknowledged and filed for record in the office of said County Recorder signed by the owner of each and every lot or parcel touching or adjoining said Lot 145 in any part, excepting a public road.
Par. 215. Section 2. Type II Architecture Districts. (a) The following portions of said property are hereby established as Type II Architecture Districts, as defined and limited in said Rancho Santa Fe Protective Covenant;
Par. 216. All of said property not otherwise established herein.
Par. 217. Section 3. Minimum Cost of Buildings. (a) No building or structure exclusive of accessory outbuildings, shall be erected, placed or maintained upon any building site embracing any of the following parcels of said property herein described or any portion or portions of said parcels, which, including a reasonable profit of builder, shall cost or be of the value of less than the sum set opposite said parcel in the following list, to-wit:
Lot 18, $20,000 Lot 22, $12,000 Lot 37, $10,000 Lot 19, $15,000 Lot 23, $10,000 Lot 38, $10,000 Lot 20, $15,000 Lot 24, $10,000 Lot 39, $12,000 Lot 21, $12,000 Lot 25, $10,000 Lot 40, $12,000 Lot 26, $10,000 Lot 78, $10,000 Lot 28, $10,000 Lot 79, $10,000 Lot 29, $10,000 Lot 81, $10,000 Lot 30, $10,000 Lot 82, $10,000 Lot 31, $10,000 Lot 83, $10,000 Lot 32, $10,000 Lot 84, $10,000 Lot 33, $10,000 Lot 85, $10,000 Lot 34, $10,000 Lot 86, $10,000 Lot 35, $10,000 Lot 87, $10,000 Lot 36, $10,000 Lot 88, $10,000 Lot 41, $12,000 Lot 89, $10,000 Lot 42, $12,000 Lot 90, $10,000 Lot 43, $15,000 Lot 91, $10,000 Lot 44, $15,000 Lot 92, $15,000 Lot 46, $15,000 Lot 93, $10,000 Lot 47, $20,000 Lot 94, $10,000 Lot 48, $20,000 Lot 95, $12,000 Lot 49, $15,000 Lot 96, $12,000 Lot 50, $12,000 Lot 97, $12,000 Lot 51, $15,000 Lot 98, $10,000 Lot 52, $12,000 Lot 99, $10,000 Lot 53, $20,000 Lot 100, $10,000 Lot 54, $12,000 Lot 101, $ 8,000 Lot 55, $12,000 Lot 102, $ 8,000 Lot 56, $20,000 Lot 103, $ 8,000 Lot 57, $12,000 Lot 104, $ 8,000 Lot 58, $10,000 Lot 105, $ 8,000 Lot 59, $10,000 Lot 106, $ 8,000 Lot 60, $20,000 Lot 108, $10,000 Lot 62, $10,000 Lot 109, $ 8,000 Lot 63, $10,000 Lot 110, $ 8,000 Lot 64, $20,000 Lot 111, $ 8,000 Lot 65, $15,000 Lot 112, $ 8,000 Lot 66, $15,000 Lot 113, $ 8,000 Lot 67 $ 7,500 Lot 114, $10,000 Lot 68, $15,000 Lot 115, $10,000 Lot 69, $ 7,500 Lot 116, $ 6,000 Lot 70, $15,000 Lot 117, $ 6,000 Lot 71, $10,000 Lot 118, $ 6,000 Lot 72, $ 7,500 Lot 119, $ 6,000 Lot 73, $ 7,500 Lot 120, $ 6,000 Lot 74, $10,000 Lot 121, $ 6,000 Lot 75, $10,000 Lot 122, $10,000 Lot 76, $15,000 Lot 123, $15,000 Lot 77, $10,000 Lot 124, $15,000 Lot 125, $15,000 Lot 132, $ 6,000 Lot 126, $15,000 Lot 133, $ 6,000 Lot 127, $ 6,000 Lot 134, $ 6,000 Lot 128, $ 6,000 Lot 135, $ 6,000 Lot 129, $ 6,000 Lot 136, $ 6,000 Lot 130, $ 6,000 Lot 137, $ 6,000 Lot 131, $ 6,000 Lot 138, $ 6,000
PO Box A, Rancho Santa Fe, CA 92067 Email: info@rsfassociation.org