Rancho Santa Fe Association - Protective Covenant

RANCHO SANTA FE PROTECTIVE COVENANT

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Par. 218. Section 4. Building Setback 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 or from the following mentioned established boundary line than the distance set after each parcel, as follows:

Not less than fifty (50) feet from Lot 145, except on Lots 85, 86, and 87, on which the setback shall be not less than fifteen (15) feet from Lot 145.

No building or structure shall be erected, constructed, altered or maintained on a portion of the following lots where such portion is less than sixty (60) feet in width: Lots 30, 34, 37, 51, 53, 54, 56, 57, 60, 108, 143.

Par. 219. Section 5. Easements and Rights of Way. (a) Easements and Rights of Way are hereby specifically reserved to the Company its successors and assigns, for the erection, construction, operation and maintenance of:

Poles, wires and conduits for the transmission of electricity for lighting, heating, power, telephone and other purposes and for the necessary attachments in connection therewith; and

Public and private sewers, storm water drains, land drains and pipes, water systems, water, heating and gas mains or pipes; and

Any other method of conducting and performing any public or quasi-public utility service or function beneath the surface of the ground.

Par. 220. (b) Such easements and Rights of Way are hereby specifically reserved on:

A five (5) foot strip on each side of the lot lines of each and every numbered lot in a Class A or B residence district in said Tract Number 2089,

provided that this subsection shall not apply to a lot line adjoining a street, walk or alley, or lot in a business and public use district of Class H.

In and over all streets, walks and alleys in said Tract Number 2089.

Par. 221. (c) An easement is specifically reserved by the Company and hereby granted to the Association to build and maintain a bridle trail upon and over that portion of the following lots lying along and within thirty-five (35) feet of the street on which said lots front, and to plant and maintain trees and shrubs thereon:

Lots 28, 29, 30, 31, 32, 33 and 34.

Par. 222. (d) No building or structure shall be erected, constructed, altered or maintained upon locations affected by said easements or rights of way provided that the Association may give temporary permits, revocable at any time, for structures covering such portions of any easement or right of way as in its opinion may not be necessary for other use during the time of said permits.

Par. 223. (e) Said easements shall at all times be open to the Company, its successors and assigns, and to the Association, who shall have the right of ingress and egress thereto and therefrom, and the right, privilege and easement of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements and rights of way are reserved and shall not thereby in any manner be deemed guilty of trespass; and the Company shall have the rights except as provided in paragraph (c) hereof at any time to convey or, with the written approval of the Association, to extinguish such easements and rights of way as to any or all of said property.

Par. 224. (f) The right is expressly reserved to the Company, its successors and assigns, to suspend, use, maintain and replace over any portion of any lot in said tract within five and one-half (5½) feet from any lot line or the line of any easement herein reserved to said Company, wires, cross-arms, and appurtenances for conveying electric energy to be used for light, heat, power or other purposes, and use the same for such purposes, together with the right to alter the same in such manner as the requirements of the Company, its successors and assigns, may from time to time demand. No poles are to be placed within the space where such right to overhang is reserved. The Company, its successors and assigns, and its and their agents and employees, shall at all times have free access to said wires, cross-arms and appurtenances for the purpose of repairing, removing, maintaining and operating the same.

Par. 225. Section 6. Title to Streets Reserved. No title to land in any street, walk or alley is intended to be conveyed to purchasers of any property except where expressly so stated in deeds.

Par. 226. Section 7. Street Grades and Fills. The Company reserves the right to make such cuts and fills as are necessary to grade the streets or private ways, whether dedicated or not dedicated, within the boundaries thereof, in accordance with such grades as it may establish, including the right so far as is reasonable and proper for the necessary support and protection of streets so graded, to slope upon abutting lots, and may assign said rights or any of them to the Association.

Par. 227. Section 8. Drilling for Oil Prohibited. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of said property, nor shall any oil, natural gas, petroleum, asphaltum, or hydro-carbon products or substances be produced or extracted therefrom.

Par. 228. Section 9. Wires Underground All the electric light and telephone connections from building to main trunk lines in streets, alleys or along private rights of way shall be installed in underground conduits. No wireless aerial or other overhead wires shall be strung or maintained except with the special written approval on a temporary revocable permit issued by the Association.

Par. 229. Section 10. Duration of Restrictions. All of the restrictions, conditions, covenants, reservations, liens, and charges set forth or provided for in this covenant, and in Rancho Santa Fe Protective Covenant, shall continue and remain in full force and effect at all times against said property and the owners thereof, subject to the right of change or modification provided for in Section 11 of this Article, until January 1, 1973, and shall as then in force be continued automatically and without further notice from that time for a period of twenty years and thereafter for successive periods of twenty years each without limitations, unless within the six months prior to January 1, 1973, or within the six months prior to the expiration of any successive twenty-year period thereafter, a written agreement executed by the then record owners of more than two-thirds in area of said property, exclusive of streets, parks and open spaces, be placed on record in the office of said County Recorder, by the terms of which agreement any of said conditions, restrictions, covenant, reservations, liens or charges are changed, modified, or extinguished in whole or in part as to all or any part of the property subject thereto, in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the conditions, restrictions, covenants, reservations, liens and charges as therein modified shall continue in force for successive periods of twenty years each unless and until further changed, modified or extinguished in the manner herein provided.

Par. 230. Section 11. Modification of Other Restrictions. Any of the conditions, restrictions, covenants, reservations, liens or charges set forth herein, or hereafter established in any declaration, acceptance or covenant of additional restrictions or deed, contract of sale, or lease, approved by the Association as herein provided, and filed for record with said County Recorder, applicable to any part of said property, unless otherwise provided therein, may be changed or modified by written instrument duly executed and placed of record by the Association and the owner or owners of record and two-thirds in area of the property directly subject to said change or modification; provided, however, that no such change or modification shall be made without the written consent duly executed and recorded of the owners of record of not less than two-thirds in area of all of said property held in private ownership within five hundred (500) feet in any direction from the property concerning which a change or modification is sought to be made, and provided further that this shall not be construed as requiring the consent of the owners of any property not under jurisdiction of the Association; and also provided that any approval given thereto by the Association shall not be valid unless and until the Board of Directors shall first have had a public hearing thereon.

Par. 231. Section 12. 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. 232. Section 13. Reversion of Title. Each and all of said restrictions, conditions, covenants, reservations, liens and charges is and are for the benefit of each owner of land (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 Company. Each grantee of the Company of any part or portion of the said property by acceptance of a deed incorporating the substance of this declaration either by setting it forth or by reference therein, accepts the same subject to all of such restrictions, liens and charges, and the jurisdiction, rights and powers of the Art Jury and of the Association. A breach of any of the restrictions, conditions and covenants hereby established shall cause the real property upon which such breach occurs to revert to the Company or its successor in interest as owner of the reversionary rights herein provided for, and the owner of such reversionary rights shall have the right of immediate re-entry upon such real property, in the event of any such breach; and as to each lot owner in the 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 other lots or parcels in 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 which shall have been given in good faith, and for value; provided, however, that any subsequent owner of said property shall be bound by the said restrictions, conditions, and covenants, whether obtained by foreclosure or at trustee’s sale, or otherwise.

Par. 233. Section 14. Violation of Conditions. The violation of any of the restrictions or conditions or breach of any of the covenants hereby established or provided for the shall also give to the Association the right to enter upon the property or 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 may be or exist thereon contrary to the intent and meaning of the provisions hereof; 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. 234. Section 15. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition, or covenant in 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. 235. Section 16. 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 restriction, 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. 236. Section 17. Interpretation and Enforcement by the Association. The Association in its own name so far as it may lawfully do so 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) in all cases interpret the same and such interpretation shall be final and conclusive upon all interested parties.

Par. 237. Section 18. 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 land at any time under the jurisdiction of 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 so to do.

DECLARATION NO. 3 OF ESTABLISHMENT
OF
Local Protective Restrictions, Conditions, Covenants,
Reservations, Liens and Charges Affecting the Property Known as

TRACT 2129
Rancho Santa Fe, in the County of San Diego, State of California

PREAMBLE

     DECLARATION made this 22nd day of November, 1928, by SANTA FE LAND IMPROVEMENT COMPANY, hereinafter called the “Company,” a California corporation:

     WHEREAS, the Company is owner of all of the numbered lots shown on the hereinafter mentioned Map No. 2129, except Lot 141 and Lot 19 adjoining Lot 150, in that certain tract of land in the County of San Diego, State of California, known as Tract Number 2129, as per Map recorded September 12th, 1928, as Map No. 2129, in the Office of the Recorder of the said County, hereinafter called the “Property”; 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, etc., known as “Rancho Santa Fe Protective Covenant,” and herein called the “Covenant”; and

     WHEREAS, the Company did on the 17th day of April, 1928, file in the office of said County Recorder in Book 1447, page 468 of Official Records of San Diego County, California, a certain Declaration No. 2 of Establishment of Local Protective Restrictions; and

     WHEREAS, said Company desires to subject all its land in said Tract Number 2129 to certain local protective restrictions, conditions, covenants, liens and charges in addition to those set forth in the 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 the Rancho Santa Fe Association (hereinafter referred to as the Association), a California non-profit, cooperative association, and in Rancho Santa Fe Art Jury (hereinafter referred to as the Art Jury), created and established as provided in the Covenant:

DECLARATION

     NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That the Company hereby certifies and declares that, anything to the contrary notwithstanding in Section 13 of Article V of Said Rancho Santa Fe Protective Covenant Declaration No. 1, all of the terms and provisions of said 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 2129, as per Map No. 2129, filed September 12, 1928, in the Office of said Recorder, except Lot 141 and Lot 19 adjoining Lot 150 (hereinafter called the property) 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 the Covenant; and that in addition and supplemental to the basic plan set forth in the Covenant, it has established and does hereby establish the local plan for the protection, maintenance, development and improvement of said Tract Number 2129 (except said Lots 141 and 19), and has fixed and does hereby fix the local protective restrictions, conditions, covenants, reservations, liens and charges upon and subject to which the same 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 the Covenant and of each owner of land therein and shall inure to and pass with said tract and each and every parcel of land therein 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 the 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. 238. (Section 1). Uses of Property, Class A Districts. (a) The following portions of the property are hereby established as residence districts of Class A as defined and limited in the Covenant.

Par. 239. All of the property, except as otherwise provided in this section, provided that each of said lots may be used as one building site only except Lots 12 and 14 to 21 inclusive.

Par. 240. Class C Districts. (b) The following portions of the property are hereby established as residence districts of Class C. as defined and limited in the Covenant:

Lots 12 and 14 to 20, inclusive, and lot 147.

Par. 241. Class G. Districts. (c) The following portions of the property are hereby established as business districts of Class G, as defined and limited in the Covenant:

Lots 27 and 28.

Par. 242. Class H Districts. (d) The following portions of the property are hereby established as business and public use districts of Class H, as defined and limited in the Covenant:

Lots 21, 41, Lots 130 to 140 inclusive and
Lots 140 to 145 inclusive and
Lots 156, 157 and 159

provided that Lots 160, 161 and 162 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 the said County Recorder signed by the then owner of each of the following lots of said Tract:

Lots 22 to 24, inclusive;
Lots 45 to 48, inclusive;
Lots 75 to 79, inclusive;
Lots 98 to 100, inclusive;
Lots 115 to 121, inclusive.

Par. 243. Section 2. Types of Architecture Districts. Type I: The following portion of the property is hereby established as Type I Architecture District as defined and limited in the Covenant:

All of the land shown on Map 2129, except:
Lots 12 and 14 to 23 inclusive;
Lots 141 and Lot 19 adjacent to Lot 150.

Par. 244. Type II. The following portions of the property are hereby established as Type II Architecture Districts as defined and limited in the Covenant:

Lots 12 and 14 to 23, inclusive.

Par. 245. Section 3. Minimum Cost of Buildings. 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 the property 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 12, $6,000. Lot 43, $7,500.

Lot 14, $6,000. Lot 44, $7,500.

Lot 15, $6,000. Lot 45, $7,500.

Lot 16, $6,000. Lot 46, $7,500.

Lot 17, $6,000. Lot 47, $7,500.

Lot 18, $6,000. Lot 48, $7,500.

Lot 19, $6,000. Lot 49, $7,500.

Lot 20, $6,000. Lot 50, $7,500..

Lot 22, $7,500. Lot 51, $7,500.

Lot 23, $7,500. Lot 52, $7,500.

Lot 24, $7,500. Lot 53, $7,500.

Lot 25, $6,000. Lot 54, $ 7,500.

Lot 26, $6,000. Lot 55, $ 7,500.

Lot 27, $6,000. Lot 56, $ 7,500.

Lot 28, $6,000. Lot 57, $ 6,000.

Lot 29, $7,500. Lot 58, $ 7,500.

Lot 30, $7,500. Lot 59, $10,000.

Lot 31, $7,500. Lot 60, $10,000.

Lot 32, $7,500. Lot 61, $ 7,500.

Lot 33, $7,500. Lot 62, $ 6,000.

Lot 34, $6,000. Lot 63, $ 7,500.

Lot 35, $6,000. Lot 64, $ 6,000.

Lot 36, $6,000. Lot 65, $ 7,500.

Lot 37, $6,000. Lot 66, $ 7,500.

Lot 38, $6,000. Lot 67, $ 7,500.

Lot 39, $7,500. Lot 68, $ 7,500.

Lot 40, $7,500. Lot 69, $ 7,500.

Lot 42, $7,500. Lot 70, $ 7,500.

Lot 71, $ 7,500. Lot 106, $ 7,500.

Lot 72, $ 7,500. Lot 107, $ 7,500.

Lot 73, $10,000. Lot 108, $ 7,500.

Lot 74, $ 7,500. Lot 109, $ 6,000.

Lot 75, $ 7,500. Lot 110, $ 6,000.

Lot 76, $ 7,500. Lot 111, $ 6,000.

Lot 77, $ 7,500. Lot 112, $ 7,500.

Lot 78, $ 7,500. Lot 113, $ 7,500.

Lot 79, $10,000. Lot 114, $ 7,500.

Lot 80, $10,000. Lot 115, $10,000.

Lot 81, $10,000. Lot 116, $ 7,500

Lot 82, $10,000. Lot 117, $ 7,500.

Lot 83, $10,000. Lot 118, $ 7,500.

Lot 84, $ 7,500. Lot 119, $ 7,500.

Lot 85, $ 7,500. Lot 120, $ 7,500.

Lot 86, $ 6,000. Lot 121, $ 7,500.

Lot 87, $ 7,500. Lot 122, $ 7,500.

Lot 88, $ 6,000. Lot 123, $ 8,000.

Lot 89, $ 7,500. Lot 124, $ 7,500.

Lot 90, $ 7,500. Lot 125, $ 7,500.

Lot 91, $ 7,500. Lot 126, $ 8,000.

Lot 92, $ 7,500. Lot 127, $10,000.

Lot 93, $7,500. Lot 128, $10,000.

Lot 94, $6,000. Lot 129, $10,000.

Lot 95, $7,500. Lot 146, $ 6,000.

Lot 96, $6,000. Lot 148, $ 6,000.

Lot 97, $6,000. Lot 149, $ 8,000.

Lot 98, $7,500. Lot 150, $10,000.

Lot 99, $7,500. Lot 151, $ 7,500.

Lot 100, $ 7,500. Lot 152, $ 7,500.

Lot 101, $10,000. Lot 153, $ 7,500.

Lot 102, $10,000. Lot 154, $ 6,000.

Lot 103, $10,000. Lot 155, $ 7,500.

Lot 104, $ 6,000. Lot 156, Park.

Lot 105, $ 6,000. Lot 157, Park.

Par.246. Section 4. Building Setback 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 the property nearer any street or from the following mentioned established boundary line than the distance set after each parcel, as follows:

Not less than thirty (30) feet from any public road.

No building or structure shall be erected, constructed, altered or maintained on a portion of the following lots where such portion is less than sixty (60) feet in width: Lots 40, 62, 64, 87, 90, 94, 95, 122.

Par.247. Section 5. Easements and Rights-of-Way. (a) Easements and Rights-of-Way are hereby specifically reserved to the Company, its successors and assigns, for the erection, construction, operation and maintenance of:

Poles, wires and conduits for the transmission of electricity for lighting, heating, power, telephone and other purposes and for the necessary attachments in connection therewith;

Public and private sewers, storm water drains, land drains and pipes, water systems, water, heating and gas mains or pipes; and

Any other method of conducting and performing any public or quasi-public utility service or function beneath the surface of the ground.

Par.248. (b) Such Easements and Rights-of-Way are hereby specifically reserved on:

a five (5) foot strip on each side of the lot lines of each and every numbered lot in a Class A residence district in said tract,

provided that these subsections (a) and (b) shall not apply to a lot line adjoining a street, walk or alley, or to a lot in a business and public use district of Class G or H, or to Lots 151 to 155 inclusive, except for underground pipe lines or conduits on said Lots 151 to 155, and

In and over all streets, walks and alleys in said Tract.

Par.249.(c) An easements is specifically reserved by the Company and hereby granted to the Association to build and maintain a bridle trail upon and over that portion of the following lots lying along and within forty (40) feet of the street on which said lots front, and to plant and maintain trees and shrubs thereon:

Lots 64, 146, 94, 95, 153.

Par.250.(d) No building or structure shall be erected, constructed, altered or maintained upon locations affected by said easements or rights-of-way provided that the Association may give temporary permits, revocable at any time, for structures covering such portions of any easement or right-of-way as in its opinion may not be necessary for other use during the time of said permits.

Par.251.(e) Such easements shall at all times be open to the Company, its successors and assigns, and to the Association, who shall have the right of ingress and egress thereto and therefrom, and the right, privilege and easement of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes for which said easements and rights-of-way are reserved and shall not thereby in any manner be deemed guilty of trespass; and the Company or its successors or assigns shall have the right at any time to convey or, with the written approval of the Association, to extinguish such easements and rights-of-way as to any or all of said property.

Par.252.(f)The right is expressly reserved to the Company, its successors and assigns, to suspend, use, maintain and replace over any portion of any lot in said tract within five and one-half (5½) feet from any lot line or the line of any easement herein reserved to said Company, wires, cross-arms, and appurtenances for conveying electric energy to be used for light, heat, power or other purposes, and use the same for such purposes, together with the right to alter the same in such manner as the requirements of the Company, its successors and assigns, may from time to time demand. No poles are to be placed within the space where such right to overhang is reserved. The Company, its successors and assigns, and its and their agents and employees, shall at all times have free access to said wires, cross-arms and appurtenances for the purpose of repairing, removing, maintaining and operating the same.

Par. 253.Section 6. Title to Streets Reserved. No title to land in any street, walk or alley is intended to be conveyed to purchasers of any property except where expressly so stated in deeds.

Par.254.Section 7. Street Grades, Cuts and Fills. The Company reserves the right for itself, its successors and assigns, to make such cuts and fills as are necessary to grade the streets or private ways, whether dedicated or not dedicated, within the boundaries thereof, in accordance with such grades as it may establish, including the right so far as is reasonable and proper for the necessary support and protection of streets so graded, to slope upon abutting lots, and may assign said rights or any of them to the Association.

Par.255.Section 8. Drilling for Oil Prohibited. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of said property, nor shall any oil, natural gas, petroleum, asphaltum, or hydro-carbon products or substances be produced or extracted therefrom.

Par.256.Section 9. Wires Underground. All the electric light and telephone connections from building to main trunk lines in streets, alleys or along private rights-of-way shall be installed in underground conduits except that with the approval of the Association in writing overhead connections may be permitted. No wireless aerial or other overhead wires shall be strung or maintained except with the special written approval on a temporary revocable permit issued by the Association.

Par.257.Section 10. Duration of Restrictions. All of the restrictions, conditions, covenants, reservations, liens, and charges set forth or provided for in this covenant, and in the Covenant, shall continue and remain in full force and effect at all times against said property and the owners thereof, subject to the right of change or modification provided for in Section 11 of the Article, until January 1, 1973, and shall as then in force be continued automatically and without further notice from that time for a period of twenty years, and thereafter for successive periods of twenty years each without limitation, unless within the six months prior to January 1, 1973, or within the six months prior to the expiration of any successive twenty-year period thereafter, a written agreement executed by the then record owners of more than two-thirds in area of the property, exclusive of streets, parks and open spaces, be placed on record in the office of said County Recorder, by the terms of which agreement any of said conditions, restrictions, covenants, reservations, liens or charges are changed, modified or extinguished in whole or in part as to all or any part of the property subject thereto in the manner and to the extent therein provided. In the event that any such written agreement of change or modification be duly executed and recorded, the conditions, restrictions, covenants, reservations, liens and charges as therein modified shall continue in force for successive periods of twenty years each unless and until further changed, modified or extinguished in the manner herein provided.

Par.258.Section 11. Modification of Other Restrictions. Any of the conditions, restrictions, covenants, reservations, liens or charges set forth herein, or hereafter established in any declaration, acceptance or covenant of additional restrictions or deed, contract of sale, or lease, approved by the Association as herein provided, and filed for record with said County Recorder, applicable to any part of said property, unless otherwise provided therein, may be changed or modified by written instrument duly executed and placed of record by the Association and the owner or owners of record of two-thirds in area of the property directly subject to said change or modification; provided, however, that no such change or modification shall be made without the written consent duly executed and recorded of the owners of record of not less than two-thirds in area of all of the property held in private ownership within five hundred (500) feet in any direction from the property concerning which a change or modification is sought to be made, and provided further that this shall not be construed as requiring the consent of the owners of any property not under jurisdiction of the Association; and also provided that any approval given thereto by the Association shall not be valid unless and until the Board of Directors shall first have had a public hearing thereon.

Par.259.Section 12. 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. 260.Section 13. Reversion of Title. Each and all of said restrictions, conditions, and covenants, reservations, liens and charges is and are for the benefit of each owner of land (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 Company. Each grantee of the Company of any part or portion of the said property by acceptance of a deed incorporating the substance of this declaration either by setting it forth or by reference therein, accepts the same subject to all of such restrictions, conditions, covenants, reservations, liens and charges, and the jurisdiction, rights and powers of the Art Jury and of the Association. A breach of any of the restrictions, conditions and covenants hereby established shall cause the real property upon which such breach occurs to revert to the Company or its successor in interest as owner of the reversionary rights herein provided for and the owner of such reversionary rights shall have the right of immediate reentry upon such real property in the event of any such breach; and as to each lot owner in 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 other lots or parcels in such property or by the Association, but such reversion shall not affect or impair the lien of any bona fide mortgage or deed of trust which shall have been given in good faith, and for value; provided, however, that any subsequent owner of said property shall be bound by the said restrictions, conditions, and covenants, whether obtained by foreclosure or at trustee’s sale, or otherwise.

Par. 261.Section 14. Violation of Conditions. The violation of any of the restrictions or conditions or breach of any of the covenants hereby established or provided for shall also give to the Association the right to enter upon the property or 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 may be or exist thereon contrary to the intent and meaning of the provisions hereof; 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 be deemed guilty of any manner of trespass for such entry, abatement or removal.

Par. 262.Section 15. Violation Constitutes Nuisance. Every act or omission, whereby any restriction, condition, or covenant in 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. 263.Section 16. 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 restriction, 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, sub-section, paragraph, sentence, clause and phrase of this covenant, irrespective of the fact that any article, sections, sub-section, paragraph, sentence, clause or phrase shall be declared invalid.

Par. 264Section 17. Interpretation and Enforcement by the Association. The Association in its own name so far as it may lawfully do so 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) in all cases interpret the same and such interpretation shall be final and conclusive upon all interested parties.

Par. 265.Section 18. 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.

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