LAND USE AND BUILDING TYPE |
1. |
a. Residential Use. No lot shall be used except for residential purposes. No building shall be erected, altered, placed, or permitted to remain on any lot other than one (1) detached single-family dwelling not to exceed two and one-half (2-1/2) stories in height, a private garage for not less than two (2) nor more than six (6) cars and one (1) multi-purpose accessory building not to exceed two-thousand (2000) square feet. |
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b. Fencing. No permanent chain link fencing is to be installed in front of the dwelling. |
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c. Easements. Lots 37 through 53, inclusive, are burdened with a San Bernardino County Drainage Easement and/or an Open Space Easement. No disturbance is to take place within the area contained by the Open Space easement; this area is to remain in its natural state. Should any disturbances of the natural conditions take place within the Open Space easement, it shall be the responsibility of the property owner(s) to return the area to its natural state. Disturbances include, but are not limited to, dumping of waste, removal of vegetation, keeping of animals and/or construction or placement of any type of structure. Disturbances, including structures built within the Drainage Easement which will not cause an increase in flow or diversion of the flow, are allowed with the approval of County Public Works-Land Development Engineering Drainage Section. |
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d. Easement Documentation. All buyers of lots containing a portion of the drainage and open space easement(s) will be required to sign a document acknowledging the development restrictions within said areas prior to the close of escrow. |
DWELLING COST, QUALITY AND SIZE |
2. |
No dwelling shall be permitted on any lot that have a construction cost of less than One hundred dollars ($100) per square foot based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, excluding porches and garages, shall be not less than three thousand (3,000) square feet, or less than four thousand five hundred (4,500) square feet for a dwelling of more than one (1) story. Every allowed structure shall have a tile roof covering composed of concrete tile or comparable material. |
BUILDING LOCATION |
3. |
a. Setbacks. No dwelling shall be located on any lot nearer to the front lot line or nearer to the side lot line than the minimum building set back lines shown on the recorded subdivision map. In any event, no building shall be located on any lot nearer than twenty-five (25) feet to the front lot line, or nearer than twenty-five (25) feet to any street side yard setback, or fifteen (15) feet to the side or rear property lines. |
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b. Encroachments. For the purposes of this covenant, eaves, steps and open porches shall not be considered as part of a building provided, however, that this shall not be construed to permit any portion of a building to encroach upon another lot. |
EASEMENTS |
4. |
Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded subdivision map. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of the drainage channels in the easements, or which may obstruct or retard the flow of water through the drainage channels or easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. |
NUISANCES |
5. |
No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to “the neighborhood”. Automobiles, trailers, trucks, general debris or any other material will be stored in the rear of lots and screened in such a manner that it doesn’t become a noticeable annoyance to other owners of the sub-division. It is expressly declared that, due to the rural nature of the tract herein described, outdoor night lighting or security lighting which is intended to or remains lighted for more than two (2) hours per night must be indirect and not shine on adjoining lots. |
TEMPORARY STRUCTURES |
6. |
No structure of a temporary character, trailer, basement, tent, shack, garage, bam or any other accessory outbuilding shall be used on any lot, at any time as a residence, either temporarily or permanently. |
SIGNS |
7. |
No sign of any kind shall be displayed to the public view on any lot except one (1) professional sign of not more than one (1) square foot, one (l) sign of not more than five (5) square feet advertising the property for sale or rent, or signs used by a builder to advertise the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. |
OIL AND MINING OPERATIONS |
8. |
No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot. |
LIVESTOCK AND POULTRY |
9. |
Except as provided herein, no animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial use. The owner(s) for each lot may keep for personal use not more than four (4) horses, provided that no horse may be kept or boarded for another. No horse may be kept or allowed to be kept within fifty (50) feet of the side property lines, twenty-five (25) feet from the rear property line and one-hundred (100) feet from the front property line. Except as expressly restricted herein, the restrictions prevailing in the County of San Bernardino shall apply for the keeping of horses in a residential zone. |
GARBAGE AND REFUSE |
10. |
No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other wastes shall not be kept except in sanitary containers. All incinerators or other equipment shall be kept in a clean and sanitary condition and used in accordance with local rules and regulations. |
WATER SUPPLY |
11. |
No individual water supply system shall be permitted on any lot unless it is located, constructed and equipped and permitted in accordance with recommendations of the state and local public health authorities. |
SEWAGE DISPOSAL |
12. |
No individual sewage disposal system shall be permitted on any lot unless such system is designed, located and constructed in accordance with the requirements, standards and recommendations of the state and local public health authorities. Approval of such system as installed shall be required by the building department and/or health department. |
SEVERABILITY |
13. |
Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions which will remain in full force and effect. |
SUBDIVISION |
14. |
No lot shown on the recorded subdivision map shall be further subdivided or split during the term stated in Paragraph 15 of these restrictions. |
TERM |
15. |
All these covenants, conditions and restrictions contained in this declaration shall run with the Project and shall be binding on and enforceable by Grantor and all Owners for a period of time extending until December 31, 2031, and thereafter, said covenants, conditions and restrictions shall automatically be extended for successive periods of ten (10) years, unless a written instrument signed by the Owners of seventy-five percent (75%) is recorded evidencing the intent of such Owners is to revoke or change, in whole or part, this Declaration. |
ENFORCEMENT |
16. |
Breach of any of the easements, covenants, conditions and restrictions contained in this declaration and the continuation of any such breach may be enjoined, abated or remedied by appropriate legal or equitable proceedings by an Owner, by the Committee (or member thereof), by the County of San Bernardino, or by Grantor. It is hereby agreed that recovery of damages at law for any breach of the provisions of this Declaration would not be adequate remedy. Breach of any of the easements, covenants, conditions and restrictions contained in this declaration shall not defeat nor render invalid the lien of any Recorded Mortgage, or any part thereof, made in good faith and for value as to any Lot of the Project; but such easements, covenants, conditions and restrictions shall be binding and effective against Grantor and any Owner of a Lot or Lots whose title thereto is acquired by foreclosure, trustee’s sale or otherwise. |
COSTS AND ATTORNEY’S FEES |
17. |
If any action is instituted in a court of competent jurisdiction to enforce any of the easements, covenants, conditions and restrictions contained in this declaration, the party against whom the judgment, decree, order, or declaration is entered shall, and agree to, pay all costs of suit and reasonable attorney’s fee, such as may be established by said court. |
NO REPRESENTATIONS OR WARRANTIES |
18. |
No representations or warranties of any kind, express or implied, have been given or made by Grantor or it’s agents or employees in connection with this Project dealing with it’s physical conditions, zoning, compliance with applicable laws, purpose for intended use, or in connection with subdivision, sales operation, or use of the Project except as specifically and expressly set forth in this Declaration. |
CONSTRUCTIVE NOTICE AND ACCEPTANCE |
19. |
Consent. Every person who owns, occupies, or acquires any right, title, estate or interest in or, to any lot or other portion of this Project does and shall be conclusively deemed to have consented and agreed to the reasonableness and binding effect of every limitation, restriction, easement, reservation, condition and covenant contained herein, whether or not any reference to Declaration is contained in the instrument by which such person acquired an interest in the Project, or any portion thereof. |
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Notice. Any notice permitted or required to be delivered as provided herein shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, it shall be deemed to have been delivered seventy-two (72) hours after a copy of the same has been deposited in the United States mail, postage prepaid, addressed to any person at the address given by such person to the Committee for the purpose of service of such notice, or to the residence of such a person if no address has been given to the Committee. Such addresses may be changed from time to time by notice in writing to the Committee. |