2010/01/12 Easement Reservation of Easements for Terra BellaRecording requested by and
When recorded return to:
City of Menifee
Kathy Bennett, City Clerk
29714 Haun Road
Menifee, CA 92586
DOC # 2010-oOI1676
01/12/2010 08:00R Fee:126.00
Page 1 of 38
Recorded
in Official Records
County of Riverside
Larry u, Ward
Rssessor, ount C
111111111111111111111111111
Y Clerk g Retarder 11l1 IIII, 1110111
DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS, AND
RESERVATION OF EASEMENTS FOR
TERRA BELLA
(Phase 1 - Tract 28206-2)
A Single -Family Residential Development
NOTE: AS MORE FULLY DESCRIBED IN THIS DECLARATION OR OTHERWISE
PROVIDED BY DECLARANT, IN THE EVENT OF ANY DISPUTE(S) ARISING
HEREUNDER, OR RELATING TO THE DESIGN AND/OR CONSTRUCTION OF THE
PROJECT, SUCH DISPUTE(S) SHALL BE SUBMITTED TO A NONADVERSARIAL
PROCEDURE AND IF NOT RESOLVED, SUBMITTED THEREAFTER TO AN ALTERNA-
TIVE DISPUTE RESOLUTION PROCEDURE (e.q., BINDING ARBITRATION), AND
AS A RESULT THEREOF, SUCH DISPUTE(S) WILL NOT BE LITIGATED IN A
COURT OR BEFORE A JURY. ANY PERSON PURCHASING IN THIS DEVELOPMENT
KNOWINGLY AND VOLUNTARILY AGREES TO BE BOUND BY A PROCEDURE WHICH
DOES NOT INCLUDE A RIGHT TO A JURY.
IF THE ALTERNATIVE DISPUTE RESOLUTION PROCEDURE IS
UNACCEPTABLE, AN INDIVIDUAL OR ENTITY SHOULD NOT
PURCHASE IN THIS PROJECT.
52019.001-15960.FCM 121009
I;&-
w
TABLE OF CONTENTS
ARTICLE I
DEFINITIONS . . . ,
2
1.
Annexation Property . . . . . . . . . . .
. 2
2.
Best Management Practices or BMPs . . . .
. . 2
3.
City . . . . . . . . . . . . . . . . . .
. . 3
4.
County . . . . . . . . . . . . . . . . .
. 3
5.
Declarant . . . . . . . . . . . . . . . .
. 3
6.
Declaration . . . . . . . . . . . . . . .
. . 3
7.
DRE . . . . . . . . . . . . . . . . . . .
3
8.
Entitlements . . . . . . . . . . . . . .
. . 4
9.
Guest Builder . . . . . . . . . . . . . .
. . 4
10.
Improvements . . . . . . . . . . . . . .
4
11.
Include, Including . . . . . . . . . . .
. . 4
12.
Lot
4
13.
Maintain, Maintenance . . . . . . . . . .
. , 4
14.
Maintenance Guidelines; Maintenance
Manual; Maintenance Obligations . . . . .
. . 4
15.
Notice of Annexation . . . . . . . . . .
. . 5
16.
Owner . . . . . . . . . . . . . . . . . .
. 5
17.
Phase . . . . . . . . . . . . . . . . . .
. . 5
18.
Project .. . . . . . . . . . . . . . .
5
19.
Property . . . . . . . . . . . . . . . .
. . 5
20.
Residence . . . . . . . . . . . . . .
5
21.
SB 800 . . . .
5
22.
Supplemental Declaration
5
23.
Water Quality Management Plans . . . . .
. . 6
24.
Interpretation . . . . . . . . . . . . .
. . 6
25.
Application of Definitions . . . . . . .
. . 7
ARTICLE II
GENERAL PLAN OF DEVELOPMENT
7
1.
Introduction to the Project . . . . . . .
. . 7
2.
Declarant's Control of Development
7
ARTICLE III
EASEMENTS AND RIGHTS . . . . . . . . . . . . .
. . 9
1.
Easements for Utilities . . . . . . . . .
. . 9
2.
Easements for Drainage . . . . . . . . .
. . 10
3.
Easements for Construction and Sales . .
. . 10
4.
Easements for Encroachments . . . . . . .
. 11
5.
Access to Slopes and Drainage Ways . . .
. 11
6.
Declarant Easements . . . . . . . . .
11
7.
Easements to the City and County . . . .
. . 11
ARTICLE IV
USE
RESTRICTIONS . . . . . . . . . . . . . . .
. . 12
1.
Private, Single -Family Dwelling . . . . .
. . 12
2.
Prohibited Dwelling Structures . . . . .
. . 12
3.
Signs . . . . . . . . . . . . . . . . . .
. . 12
4.
Animals . . . . . . . . . . . . . . . . .
. . 12
52019.001-15960.FCM 121009 l i
S.
Quiet Enjoyment . . . . . . . . . . . . . .
. 13
6.
Structural Changes . . . . . . . . . . . .
. 13
7.
Improvements . . . . . . . . . . . . . .
. 14
B .
Windows . . . . . . . . . . . . . . . . . .
. 14
9.
Commercial Activity . . . . . . . . . . . .
. 14
10.
Parking . . . . . . . . . . . . . . . . . .
. 14
11.
Solar Heating . . . . . . . . . . . . . . .
. 15
12.
Declarant's Improvements . . . . . . . . .
. 15
13.
Antennas/Apparatus . . . . . .
. 15
14.
Leasing . . . . . . . . . . . . . . . .
. 16
15.
Party Walls and Fences . . . . . . . .
. 16
16.
Drilling . . . . . . . . . . . . . . . . .
. 17
17.
View . . . . . . . . . . . . . . . . . . .
. 17
18.
Refuse . . . . . . . . . . . . . . . . .
17
19.
Landscaping . . . . . . .
17
20.
Water Softeners . . . . . . . . . . . .
18
21.
Electric Lines . .
18
22.
No Roof -Mounted Mechanical Equipment
18
23.
BMP Compliance . . . . . . . . . . . . .
. 18
24.
Hazardous or Toxic Waste . . . . . .
18
25.
Exemption of Declarant . . . . . . .
18
ARTICLE V MAINTENANCE . . . . . . . . . . . . . . . . .
. 19
1.
Maintenance of Lots . . . . . . . . . . . .
. 19
2.
Maintenance Guidelines . . . . . . . . . .
. 20
3.
Maintenance of Landscaping, Fences, Walls .
. 20
4.
Damage to Residence . . . . . . . . . . . .
. 21
5.
Damage to Walls and Fences . . . . . . .
. 21
6.
Drainage . . . . . . . . . . . . . . . . .
. 21
ARTICLE VI ANNEXATION OF ADDITIONAL PROPERTY . . . . . . .
. 22
1.
Development of the Project . . . . . . . .
. 22
2.
Annexation Pursuant to General Plan
of Development . . . . . . . . . . . . . .
. 22
3.
Notice of Annexation . . . . . . . . . . .
. 22
4.
Effective Date of Annexation
23
5.
Amendments to Notice of Annexation
23
6.
Right of De -Annexation . . . . . . . . . .
. 23
7.
Parties to Notice of Annexation . . . . . .
. 23
ARTICLE VII GENERAL
PROVISIONS . . . . . . . . . . . . . .
. 23
1.
Enforcement . . . .
23
2.
Dispute Resolution Procedure/Notices
Pursuant to SB 800 . . . . . . . . . . .
. 25
3.
Electrical Power Lines . . . . . . . .
. 25
4.
Severability . . . . . . . . . . . . . .
. 25
S.
Term . . . . . . . . . . . . . . . .
. 25
6.
Covenants Running With the Land
26
7.
Construction . . . . . . . . . . . . . . .
. 26
8.
Singular Includes Plural . . . . . . . . .
. 26
52019.001-15960.FCM 121009 ( i i
9 . Amendments . . . . . . . . . . . . . . . . . 26
10. Attorneys' Fees . . . . . . . . . . . . . . . 27
11. No Warranty of Enforceability . . . . . . . . 27
12. Exhibits . . . . . . . . . . . . . . . . . . 27
13. Project Disclosures . . . . . . . . . . . . . 27
EXHIBITS:
Exhibit A Annexation Property
52019.001-15960.FCM 121009 ( i i i
DECLARATION OF COVENANTS CONDITIONS
AND RESTRICTIONS AND
RESERVATION OF EASEMENTS FOR
TERRA BELLA
THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRIC-
TIONS, AND RESERVATION OF EASEMENTS is made this day of
2009, by CADO GARBANI LLC, a California limited
liability company (hereinafter referred to as the "Declarant").
W I T N E S S E T H:
A. Declarant is the owner of that certain real property
located in the City of Menifee, County of Riverside, State of
California, generally described as:
Being a subdivision of Parcel 4 of Lot Line Adjustment No.
5050, in the County of Riverside, State of California,
recorded September 15, 2006 as Instrument No. 2006-0684124,
lying within the east 1/2 of the southwest 1/4 of Section 11,
Township 6 South, Range 3 West, San Bernardino Meridian;
however, upon recordation of the pending final map is anticipated
to be more particularly described as:
Lots 1 through 64, inclusive, of Tract No. 28206-2, as
per Map filed in Book Pages _qJ through ab,
inclusive, of Maps in the-0-T—fice of the County Recorder
of Riverside County, California
(hereinafter referred to as the "Property," the "Lots," or "Phase
1") .
B. Declarant also owns that certain real property
located in the City of Menifee, County of Riverside, State of
California, more particularly described in Exhibit "A" attached
hereto ("Annexation Property"), which may, from time to time, be
annexed to and become part of the Project (as hereinafter defined) ,
in accordance with the Article herein entitled "Annexation of
Additional Property."
C. Declarant desires to develop the Property and those
portions of the Annexation Property which are annexed into the
Property, if any, as a single-family residential project (herein-
after referred to as the "Project") , as more particularly described
below.
D. Declarant deems it desirable to impose a general
plan for the development, protection, use, occupancy, and enjoyment
of the Project, and to establish, adopt and impose covenants,
52019.001-15960.�FCM 121009
conditions, and restrictions upon the Project for the purpose of
enforcing, protecting, and preserving the value, desirability, and
attractiveness of the Project.
E. Declarant intends to convey the Project, and any and
all portions thereof, subject to the covenants, conditions, and
restrictions set forth hereinbelow.
NOW, THEREFORE, Declarant agrees and declares that it has
established, and does hereby establish, a plan for the development,
protection, use, occupancy, and enjoyment of the Project, and has
fixed, and does hereby fix, the covenants, conditions, restric-
tions, easements, reservations, liens, charges, and equitable
servitudes (hereinafter collectively referred to as the "Cove-
nants") upon the Project. Each and all of the Covenants shall run
with the land and shall inure to the benefit of and be binding upon
Declarant, its successors and assigns, and all subsequent owners of
all or any portion of the Project, together with their grantees,
successors, heirs, executors, administrators, devisees, and
assigns.
ARTICLE I
DEFINITION
Section 1. "Annexation Property" shall mean and refer
to that certain real property described in Exhibit "A" attached
hereto (hereinafter referred to as "Annexation Property"), includ-
ing all Improvements (as defined below) constructed thereon, all or
any portion of which may be annexed into the Project by Declarant,
as set forth in the Article herein entitled "Annexation of Addi-
tional Property."
Section 2. "Best Management Practices or BMPs" shall
mean and refer to those certain structural, treatment control, and
non-structural water quality management practices set forth in, or
otherwise required pursuant to, the Water Quality Management Plans
("WQMP") approved for or applicable to the Project. The structural
and treatment control Best Management Practices may include,
without limitation, landscape planting, hillside planting, roof
runoff controls, efficient irrigation technology, slope and channel
protection measures, storm drain signage, trash storage areas,
litter control requirements, in -flow based treatment control BMPs
(e.g., vegetated buffer strips, vegetated swales, multiple systems,
bioretentions, and hydrodynamic separation systems), volume based
treatment control BMPs (e.g., wet ponds, constructed wetlands,
extended detention basins, water quality inlets, retention/ irrigat-
ion, infiltration basins, infiltration trenches, media filters, and
manufactured proprietary devices), detention basins, retention
basins, debris basins, "V" ditches, bench drains, catch basins,
catch basin media filters, fossil filters, inlet trash racks,
drainpacs and other storm drain filtration devices, energy
52019.001-15960.FCM 121009 -2-
dissipaters, culverts, pipes, and related storm drain and water
quality facilities constructed in the Project. The non-structural
Best Management Practices generally require the Owners and other
residents within the Project to be aware of the sensitive natural
environment surrounding the Project and to take appropriate actions
to control runoff from the Project. The non-structural Best
Management Practices may include, among other things, restricting
certain activities to protect the quality of water entering the
storm drain system (e.g., prohibiting the disposal of motor oil,
paint products, car detergents and other pollutants into the storm
drains in the Project). The Best Management Practices are designed
and intended to control runoff and must be implemented by the
Owners and other residents within the Project. The Best Management
Practices may be modified from time to time by the Declarant or any
public agency having jurisdiction regarding water quality for
runoff waters from the Project in order to control runoff as the
Project develops and runoff conditions change. Compliance by the
Owners and other residents of the Project with the Best Management
Practices, as they may be modified from time to time, may be
monitored and enforced by any public agency having jurisdiction
regarding water quality for runoff waters from the Project,
including, without limitation, the City, County, Regional Water
Quality Control Board, and State Water Resources Board.
Section 3. "City" shall mean and refer to the City of
Menifee, California, and its various departments, divisions,
employees, and representatives.
Section 4. "County" shall mean and refer to the Coun-
ty of Riverside, California, and its various departments, divi-
sions, employees, and representatives; depending on the context,
"County" may also mean the City as successor -in -interest to the
County.
Section 5. "Declarant" shall mean and refer to CADO
GARBANI LLC, a California limited liability company, and to any
person or entity acquiring all or a portion of Declarant's interest
in the Project (such as a Guest Builder), including all of
Declarant's rights, privileges, immunities, and obligations as cre-
ated and established herein, pursuant to a written assignment from
Declarant which is recorded in the Office of the County Recorder.
Upon the recordation of such assignment, all of the interests,
rights, privileges, immunities, and obligations which were assigned
shall inure to the benefit of the assignee(s).
Section 6. "Declaration" shall mean and refer to this
Declaration of Covenants, Conditions and Restrictions, and Reser-
vation of Easements recorded on the Project, as same may be amended
from time to time.
Section 7. IIDRE" shall mean and refer to the Depart-
ment of Real Estate of the State of California, which administers
the sale of subdivided lands pursuant to Sections 11000, et sea.,
52019.001-15960.FCM 121009 - 3
of the California Business and Professions Code, or any similar
California statute hereinafter enacted.
Section 8. "Entitlements" shall mean all building
permits and related permits, conditions of approval, and all docu-
ments, instruments or similar writings which regulate or relate to
utilization of real property in the Project.
Section 9. "Guest Builder" shall mean and refer to
any person or entity (other than CADO GARBANI LLC) who: (a)
acquires any portion of the Annexation Property for the purpose of
developing five (5) or more Lots and reselling such Lots to the
general public under the authority of a Final Subdivision Public
Report issued by the DRE; and (b) annexes the acquired portion of
the Annexation Property into the Project. Except as expressly
provided in this Declaration, all of the rights and provisions
herein benefiting Declarant and all of the easements reserved
herein in favor of Declarant, including, without limitation, the
rights and easements in favor of Declarant set forth in Article
III, Sections 3 and 6, and Article IV, Sections 6, 12, 15, 19, and
25, of this Declaration, are also reserved in favor of each Guest
Builder.
Section 10. "Improvements" shall mean and refer to all
structures and appurtenances thereto of every kind, including, but
not limited to, Residences and all modifications to the exterior of
a Residence (including, but not limited to, room additions, patio
covers, decks, gazebos, spas, hot tubs, pools, fences, walls,
awnings, screens and skylights, sheds and any other outbuildings,
radio antenna, satellite dish or other similar electronic receiving
or broadcasting device, drainage devices, fences, walls and all
trees, shrubs and other landscaping).
Section 11. "Include, Including" (whether capitalized
or not) shall mean "includes without limitation" and "including
without limitation," respectively.
Section 12. "Lot" shall mean and refer to a plot of
land which is separately numbered and described on a subdivision
map recorded in the Office of the County Recorder, (as same may be
adjusted from time to time by a Lot Line Adjustment or Certificate
of Compliance recorded in the Office of the County Recorder), and
to all Improvements constructed thereon.
Section 13. "Maintain Maintenance" (whether capital-
ized or not) shall mean "inspect, maintain, repair and replace" and
"maintenance, repair and replacement," respectively; provided,
however, that "maintain" or "maintenance" shall not include
inspection, repair and replacement) where the context or specific
language of this Declaration provides another meaning.
Section 14. "Maintenance Guidelines; Maintenance
Manual; Maintenance obligations" shall mean and refer to any
52019.001-15960.FCM 121009 - 4 -
current written guidelines, setting forth procedures and standards
for the maintenance and operation of a Residence and other Improve-
ments Declarant has constructed on or in the Project. Maintenance
Guidelines also include (i) any maintenance recommendations and/or
obligations initially prepared by or at Declarant's direction, (ii)
any maintenance schedules, recommendations and/or obligations
prepared by or at Declarant's direction pertaining to a Residence
and/or other Improvements on a Lot, (iii) any product manufactur-
ers' maintenance guidelines/recommendations for a Residence and/or
Lot, and (iv) commonly accepted maintenance practices.
Section 15. "Notice of Annexation" shall mean and
refer to that certain instrument recorded by Declarant utilized to
annex all or any portion of the Annexation Property, in accordance
with the provisions of this Declaration, thereby subjecting said
subsequent Phase to the provisions of this Declaration.
Section 16. "Owner" shall mean and refer to the record
owner, or owners if more than one (1), or the purchaser under a
conditional sales contract of fee title to, or an undivided in-
terest in, any Lot in the Project. The foregoing does not include
persons or entities who hold an interest in a Lot merely as se-
curity for the performance of an obligation.
Section 17. "Phase" shall mean and refer to: (a) the
Property; and (b) one (1) or more Lots within the Annexation
Property which are annexed to the Project by the recordation of a
Notice of Annexation in the Office of the County Recorder and for
which a Final Subdivision Public Report has been issued by the DRE.
Section 18. "Project" shall mean and refer to the
Property and all Annexation Property which is annexed into the
Project pursuant to this Declaration and to all Improvements
constructed thereon.
Section 19. "Property" shall mean and refer to all of
that certain real property described in Paragraph A of the recitals
hereinabove.
Section 20. "Residence" shall mean and refer to the
individual dwelling (including the garage and any other appurtenant
Improvements) which is constructed upon a separate Lot and which is
designed and intended for use and occupancy as a single-family
residence.
Section 21. "SB 800" shall mean and refer to Senate
Bill No. 800, which added section 43.99 and Title 7 (commencing
with section 895) to Part 2 of Division 2 of the California Civil
Code.
Section 22. "Supplemental Declaration" shall mean and
refer to any supplemental declaration recorded by Declarant or a
Guest Builder which sets forth dispute resolution procedures,
52019.001-15960.FCM 121009 ..5 -
maintenance requirements, and/or notices pursuant to Senate Bill
No. 800 that pertain solely to Declarant's or such Guest Builder's
Lots.
Section 23. "Water uality Management Plans" shall
mean and refer to all applicable plans and requirements for the
management of storm water at the Project, including, without
limitation, any applicable National Pollutant Discharge Elimination
System ("NPDES") permit requirements, Standard Urban Storm Water
Mitigation Plan ("SUSMP"), Storm Water Pollution Prevention Plan
("SWPPP"), Water Quality Management Plan ("WQMP"), Drainage Area
Management Plan ("DAMP"), Local Implementation Plan ("LIP"), and
other storm water quality management plans that may be prepared for
the Project in compliance with applicable federal, state and local
laws and approved by the applicable public agencies. The Water
Quality Management Plans address water runoff generated by the
residential areas and other development Improvements within the
Project and will be monitored by various public agencies (e.g., the
Regional Water Quality Control Board, City, and the County). The
Water Quality Management Plans contain, among other things, certain
Best Management Practices that must be followed by the Owners and
other residents within the Project. The Water Quality Management
Plans and the related Best Management Practices may be modified at
any time by the Declarant and/or the public agencies having
jurisdiction over such matters.
Section 24. Interpretation.
(a) General Rules. This Declaration shall be
liberally construed to effectuate its purpose of creating a
uniform plan for subdividing, maintaining, improving and
selling the Lots. As used in this Declaration, the singular
includes the plural and the plural the singular. The mascu-
line, feminine and neuter each includes the other, unless the
context dictates otherwise.
(b) Articles Sections and Exhibits. The Article
and Section headings are inserted for convenience only and may
not be considered in resolving questions of interpretation or
construction. Unless otherwise indicated, any references in
this Declaration to articles, sections or exhibits are to
Articles, Sections and Exhibits of this Declaration. All
exhibits attached to this Declaration are incorporated in this
Declaration by this reference. The locations and dimensions of
any Improvements depicted on the Exhibits attached hereto and
to any Notice of Annexation are approximate only, and the as -
built location and dimension of any such Improvements shall
control.
(c) Severability. The provisions of this Declara-
tion are independent and severable. A determination of
invalidity, partial invalidity or unenforceability of any one
(1) provision of this Declaration by a court of competent
52019.001-15960.FCM 121009 - 6 -
jurisdiction does not affect the validity or enforceability of
any other provisions of this Declaration.
(d) Statutory References. All references made in
this Declaration to statutes are to those statutes as current-
ly in effect or to subsequently enacted replacement statutes.
Section 25. "Application of Definitions." The
aforesaid definitions shall be applicable to this Declaration and
to any supplements or amendments hereto, including, but not limited
to, any Notices of Annexation filed or recorded pursuant to the
provisions of this Declaration, unless the context shall prohibit
such application.
ARTICLE II
GENERAL PLAN OF DEVELOPMENT
Section 1. Introduction to the Project. The
Declarant has designed Terra Bella as a multi -phase planned resi-
dential community, which, if completed as proposed, may consist of
Sixty -Four (64) Lots improved with Residences and related ameni-
ties. Nothing in this Declaration, and/or any Notice of Annexation
is intended, or shall be interpreted, to constitute an "enhanced
protection agreement" as defined in Section 901 of the California
Civil Code. The Project will be developed in a series of phases in
accordance with the general plan of development submitted to and
approved by the County and/or City and the DRE.
Section 2. Declarant's Control of Development.
Subject only to the prior approval of the County and/or City, as
applicable, and any other appropriate governmental agencies,
nothing in this Article or elsewhere in this Declaration shall
limit the right of Declarant to: (a) modify all unsold Lots in the
Project, including increasing or decreasing the size or number of
Lots (including but not limited to subdividing, resubdividing,
adjusting Lot lines, grading or re -grading any portion of said
unsold Lots in the Project); (b) complete construction of any
Improvements in the Project; (c) redesign or change the style,
square footage, color or appearance of any Improvements in any
portion of the Project owned or controlled by Declarant; (d) con-
struct such additional Improvements on any portion of the Project
owned or controlled by Declarant; and/or (e) otherwise control all
aspects of designing and constructing the Improvements, and selling
or leasing Lots in the Project. In furtherance thereof, Declarant
hereby reserves unto itself, and its successors and assigns, a non-
exclusive easement for ingress and egress on, over and across the
Project as necessary to construct Improvements, and further
reserves the exclusive right to maintain a sales office, model com-
plex and reasonable signs on any portion of the Project owned or
controlled by Declarant. Nothing in this Declaration shall limit
the right of Declarant to establish additional licenses, easements
52019.001-15960.FCM 121009 - 7 -
and rights -of -way for building, constructing or installing any
utility or other similar facilities over any portion of the Project
owned by Declarant, in favor of Declarant, utility companies or
others, as may, from time to time, be reasonably necessary for the
development of the Project. Declarant further reserves unto
itself, easements for ingress, egress, and access to enter any Lot
in the Project for a term of twenty-four (24) months following the
recordation date of the grant deed from Declarant to an Owner, to
complete and repair any Improvement or landscaping located thereon
as determined necessary by Declarant, in its sole discretion, in
order to comply with the requirements for the recordation of the
final map of Tract No. 28206-2, the grading of the Lot, and the
requirements of applicable governmental agencies. So long as
Declarant owns any Lot in the Property or any portion of the
Annexation Property, this Section may not be amended without the
written consent of Declarant.
Section 3. Utility Structures and Easements. Each
Owner acknowledges and agrees that each Lot in the Project is
subject to easements in favor of utility agencies, and numerous
Lots in the Project are affected by the installation of above-
ground utility structures, which include, but are not limited to,
vaults, transformers, street lights, valves, landscape irrigation
pumps, clustered mailboxes, fire hydrants, drainage devices,
manholes, and manhole covers. Each Owner acknowledges and
understands that both the utility agencies for electricity, gas,
water, telephone, cable television, and governmental entities
control the location of these structures, not the Declarant, and
these structures may be located on portions of the Project adjacent
to an Owner's Residence or within an Owner's Lot. Each Owner
hereby understands that to accommodate development of the Project,
various easements exist for utility purposes, including, but not
limited to, ingress, egress, storm drain, water line, sanitary
sewer, public utility and other related purposes (e.g., see the
various depictions on the final maps and/or improvement plans for
Tract 28206-2. Each Owner further understands that, as a result of
said reservation of easements, certain restrictions involving the
construction and placement of Improvements on an Owner's Lot may
exist (the County, City, and/or utility company may top, cut,
remove, or trim interfering plants and trees, and may require the
Lot owner to refrain from any grading activities and to keep the
easement area free from any structures, objects, or other obstruc-
tions). Owner hereby acknowledges that as a result of various
easements, the construction, use, maintenance, operation, altera-
tion, additions to, repair of, replacement, reconstruction,
inspection and removal of Improvements and facilities for various
electrical and communication systems may occur at any time, and
from time to time, within said easement areas. Owner is aware that
certain easements affecting the Project are generally depicted on
the recorded tract map and are normally described in the title
report issued for the Lots affected thereby. Each Owner is
encouraged to obtain copies of all underlying documents described
in the preliminary title report for the Owner's Lot for descrip-
52019.001-15960.FCM 121009 - 8
tions of applicable easements. Each Owner hereby covenants and
agrees to examine, to Owner's satisfaction, each of the underlying
documents indicated in Owner's title report and the recorded tract
map in which owner's Lot is located to determine the extent, if
any, of the impact of any existing easements.
ARTICLE III
EASEMENTS AND RIGHTS
Section 1. Easements for Utilities. The rights and
duties of the Owners of Lots within the Project with respect to
sanitary sewer, water, electricity, gas, cable television (or CATV
lines) and telephone lines, and other facilities, shall be governed
by the following:
(a) Each Owner shall maintain those facilities and
connections located upon his or her respective Lot which are
not maintained by the respective utility company or agency;
(b) Wherever sanitary sewer, water or gas connec-
tions, television cables, electricity or telephone lines are
installed within the Project and it becomes necessary to gain
access to said connections, cables, and/or lines through a Lot
owned by someone other than the Owner of the Lot served by
said connections, cables, and/or lines, the Owner of the Lot
served by said connections, cables, and/or lines shall have
the right, and is hereby granted an easement to the full
extent necessary therefor, to enter upon such other Lot or to
have the utility companies enter upon such other Lot to
repair, replace, and generally maintain said connections,
cables, and/or lines. In the event that any damage shall be
proximately caused by such events, said Owner or utility
company shall repair the same to a condition which existed
immediately prior to such damage, at its respective expense;
(c) Whenever sanitary sewer, water, or gas connec-
tions, television cables, electricity, or telephone lines are
installed within the Project, and said connections, cables,
and/or lines serve more than one (1) Lot, the Owner of each
Lot served by said connections, cables, and/or lines shall be
entitled to the full use and enjoyment of such portions of
same as service his or her Lot;
(d) No Owner shall construct any Improvements on
any utility easement area of record which will unreasonably
interfere with the maintenance and repair of the facilities
located in said easement without the prior written consent of
the appropriate utility company. Each Owner hereby
acknowledges that all Improvements (and landscaping) installed
within any utility easement area may be removed by the County,
City, utility company, or Declarant, or their respective
52019.001-15960.FCM 121009 - 9 -
employees or agents, to maintain, repair or replace any of the
foregoing utility facilities without any liability to the
Owner to repair or restore such Improvements (or landscaping);
and
(e) To the extent required by the County and/or
City, as applicable, all utility extensions within a Lot shall
be placed and maintained underground, and all utility service
areas and enclosures shall be screened from view with
landscaping and decorative barriers or baffle treatments, as
approved by the County's and/or City's Planning Department (as
applicable).
Section 2. Easements for Drainage. Declarant hereby
creates and reserves nonexclusive easements appurtenant to each Lot
in the Project for surface and/or subsurface drainage according to
the patterns and drainage systems established in accordance with
the approved grading plans for the Project, as well as according to
the actual, natural and existing patterns for drainage (i.e.,
drainage from property adjacent to the Project). Each Owner
covenants and agrees that s/he shall not obstruct or otherwise
interfere with said drainage patterns of waters from adjacent Lots
in the Project over his or her Lot or any drainage devices
originally installed by Declarant, or in the alternative, that in
the event it is necessary and essential to alter said drainage
pattern or drainage devices for the protection and use of his or
her Lot, he will obtain approval from the County, City, or other
governmental agency having jurisdiction. As required by the
County, all drainage easements shall be kept free of buildings and
obstructions.
Section 3. Easements for Construction and Sales. De-
clarant hereby reserves, for a period of five (5) years from the
recordation of this Declaration or until all Lots in the Project
and Annexation Property are sold (and escrows closed), whichever
occurs first, nonexclusive easements for access, ingress, and
egress in, on, over, under, across, and through the Project as
necessary to construct the Residences and all other Improvements
within the Project, and to carry on normal sales activity,
including the operation of a models complex and sales office, and
the display of promotional signs and exhibits in connection with
the sale or lease of Lots in the Project. Furthermore, nothing in
this Declaration shall limit the right of Declarant to establish
additional licenses, easements, and rights -of -way in favor of
Declarant, utility companies or others as may, from time to time,
be reasonably necessary for the development of the Project. The
foregoing rights established and reserved by Declarant shall be
subject only to the applicable regulations and requirements of the
County and/or City. The foregoing rights of Declarant may be
assigned to any successor to 'all or part of Declarant' s interest in
the Property or Annexation Property by an express assignment re-
corded in the Office of the County Recorder.
52019.001-15960.FCM 121009 - 1 0 -
Section 4. Easements for Encroachments. Declarant
hereby creates and establishes a nonexclusive easement appurtenant
to each Lot on, over and across those portions of any adjacent Lot
not to exceed one foot (11) for the encroachment by any founda-
tions, footings, eaves or other overhangs, wing walls and/or
chimneys originally constructed by Declarant. Additionally, there
are hereby created and established nonexclusive easements ap-
purtenant to any Lot on, over, and across those portions of any
such adjacent Lot not to exceed one foot (11) for the encroachment
by any Improvement resulting from any subsequent settling or
shifting of any Improvements. All of the aforesaid encroachments
shall be measured at the point of encroachment along a line which
is perpendicular to the common property line between the affected
Lots.
Section 5. Access to Slopes and Drainage Ways. Each
Owner agrees for such Owner and such Owner's successors in
interest, by the acceptance of the deed to a Lot, to permit free
access by Owners of other Lots to slopes or drainage ways, if any,
located on the Lot, which slopes or drainage ways affect said other
Lots, when such access is essential for the maintenance or
permanent stabilization of such slopes or for the maintenance of
drainage ways for the protection or use of said other Lots.
Section 6. Declarant Easements. Declarant hereby
reserves to itself, together with the right to transfer same,
easements of access, ingress and egress over and under each Lot for
installation and maintenance of utilities and drainage facilities
shown on the Subdivision Map or Maps for the Project and for
construction, installation, operation, replacement, repair and
maintenance of all utility and service lines, systems and other
devices and Improvements which may be reasonably necessary for the
development and marketing of other Lots within the Project,
including but not limited to water, sewer, gas, telephone,
electricity, television, cable television, and storm and water
drains (collectively, the "Facilities"). Each Owner by accepting a
deed to a Lot expressly consents to the foregoing easements and
rights of way and authorizes and appoints Declarant (so long as
Declarant owns one or more Lots in the Project) as attorney in fact
of such Owner to execute any and all instruments particularly
describing and conveying such easements or rights of way. Within
the location of Facilities easements and rights of way, no
Improvement shall be planted or placed which may interfere with the
use, maintenance or operation of the Facilities or which may be in
violation of any ordinance or law of any applicable governmental
authority.
Section 7. Easements to the City and County. There is
hereby created, reserved, and granted to Declarant, together with
the right to grant and transfer same to the City and County,
easements for ingress and egress over the Project for the purpose
of permitting the City and County to perform various obligations
and responsibilities within or adjacent to the Project (e.g.,
52019.001-15960.FCM 121009 - 11 -
public services, including, but not limited to, the right of
police, fire, ambulance and other public services).
Section 8. Regional Trail Easement. Portions of the
Lots are subject to a 20' regional trail easement in favor of the
Valley -Wide Recreation and Parks District, as set forth on the
final map of Tract 28206-2. Owners and other residents of the
Project may experience and/or be exposed to significant noise,
interference with privacy, trash, debris, traffic congestion, and
other adverse impacts relating to the construction, use, and
maintenance of the regional trail.
Section 9. Other Easements. In addition to the
foregoing easements, the Lots in the Project are subject to all
other easements granted or dedicated on the recorded map of Tract
28206-2, if any, and/or recorded in the Official Records of the
Riverside County Recorder's Office.
ARTICLE IV
USE RESTRICTIONS
The Project shall be occupied and used only as follows:
Section 1. Private, Single-FamilV Dwelling. Each Lot
shall be used for residential purposes, for the construction of one
(1) private, single-family Residence, and other related improve-
ments, and for no other purposes whatsoever (subject to limitations
set forth in the Entitlements) , except such temporary uses as shall
be permitted by Declarant while the Project is being developed and
Lots are being sold by Declarant.
Section 2. Prohibited Dwelling Structures. At no time
shall any garage, basement, attic, outbuilding, tent, shack, shed,
trailer, camper, motorhome, boat, or structure of any kind within
the Project, except for the one (1) Residence constructed upon each
Lot, be used as a residence or dwelling except as may be approved
by the County and/or City, as applicable.
Section 3. Signs. Subject to the provisions of Cali-
fornia Civil Code, Sections 712, 713, 1353.5 and 1353.6, and
Government Code Section 434.5, as same may be amended from time to
time, no signs of any kind shall be displayed to the public view on
or from any Lot, except such signs as may be used by Declarant for
a period of time not to exceed five (5) years from recordation
hereof in connection with the development of the Project and sale
of Lots, and except "for sale," "for lease" or "for exchange" signs
of reasonable size on any Lot. All signs permitted under this
Section shall conform with all applicable governmental regulations,
including, but not limited to, a sign ordinance.
Section 4. Animals. No animals of any kind shall be
raised, bred or kept in any Lot, except that common domesticated
52019.001-15960.FCM 121009 - 12 -
household pets such as dogs, cats, birds in bird cages, or fish may
be kept in reasonable numbers on each Lot; provided, however, no
animal shall be kept, bred or maintained for any commercial
purpose. Each Owner shall be responsible for cleaning up any
excrement or other unclean or unsanitary condition caused by said
animal within the Project. Every person bringing an animal upon or
keeping an animal in the Project shall be liable pursuant to the
laws of the State of California to each and all persons for any
injury or damage to persons or property caused by such animal. All
animals must be kept either within an enclosed portion of a Lot or
secured on a leash held by a person capable of controlling such
animal.
Section 5. Quiet Em ovment. No Owner shall permit or
suffer anything to be done or kept upon such Owner's Lot which will
obstruct or interfere with the rights of quiet enjoyment of the
other residents in the Project, or annoy them by unreasonable
noises or otherwise, nor will any Owner commit or permit any nui-
sance on the premises or commit or suffer any immoral or illegal
act to be committed thereon. Each Owner shall comply with all of
the requirements of the Board of Health and of all other govern-
mental authorities with respect to his or her respective Lot, and
shall remove all rubbish, trash and garbage from said premises. All
clotheslines, refuse containers, wood piles, storage boxes, tools,
and equipment shall be prohibited from any Lot, unless obscured
from view by a fence or other appropriate screen.
Section G. Structural Changes. There shall be no con-
struction, installation, modification, alteration, or removal of
any external Improvement whatsoever in the Project without the
prior written approval by the County and/or City, if necessary,
except such works of construction by Declarant during the
development of the Project. Subject to this Declaration, each Owner
has the right to modify his/her Residence and the route leading to
the front door of said Residence, at such Owner's sole cost and
expense, in order to facilitate access to the Residence by persons
who are blind, visually handicapped, deaf, or physically disabled,
or to alter conditions which could be hazardous to such persons.
Nothing in this Declaration shall require the installation of an
Improvement in any manner which violates Civil Code Section 1353.7
(relating to the installation and repair of a roof). As required
by the County, the front yard setback is 20 feet; the side yard
setback is 5 feet; the street side yard setback is 10 feet; the
rear yard setback is 10 feet, except where a rear yard abuts a
street, in which case the setback shall be the same as the front
yard setback; the maximum permissible height of any building is 40
feet; no more than 50 0 of a Lot may be covered by a structure;
residential driveway approaches must be a minimum of 12 feet and a
maximum of 30 feet in width, and 20 feet of full height curb is
required between driveways within any one property frontage; the
separation between all buildings within the Project shall not be
less than 10 feet; and fireplaces may encroach one (1) foot into
the side yard setback. Except as allowed by the County's and/or
52019.001-15960.FCM 121009 - 13 -
City's ordinances, as applicable, no encroachment into the setbacks
is permitted. All wood fencing shall be treated with heavy stain
to match the natural shade to prevent bleaching from irrigation
spray.
Section 7. Improvements. There shall be no construc-
tion, alteration, or removal of any Improvement in the Project
without the prior written approval, if necessary, of the County
and/or City (as applicable).
Section 8. Windows. No window in any Residence shall
be covered, in whole or in part, inside or outside, with aluminum
foil, newspaper, paint, or any other material inappropriate for
such use.
Section 9. Commercial Activity. Except such temporary
uses as shall be permitted by Declarant while the Project is being
developed and Lots are being sold by the Declarant or as approved
by the County and/or City, as applicable, no professional, com-
mercial, or industrial operations of any kind shall be conducted in
or upon any Lot. Notwithstanding the foregoing, this Section shall
not preclude an Owner from maintaining a home -office and conducting
business activities therefrom on the following conditions: (a)
there is no external evidence of such activity; (b) such activities
are conducted in conformance with all applicable governmental
ordinances (e.a., all applicable permits and licenses are obtained)
and merely incidental to the use of the dwelling as a residence;
(c) the patrons or clientele of such activities do not visit the
residence or park automobiles or other vehicles within the Project;
(d) the existence or operation of such activity is not apparent or
detectable by sight, sound or smell from outside of the boundaries
of the residence; and (e) such activities are consistent with the
residential character of the Project and conform with the provi-
sions of this Declaration.
Section 10. Parking. Except as parking may otherwise
be allowed by the County .and/or City (as applicable) on public
streets, no Owner of a Lot in the Project shall park, store, or
keep any vehicle except wholly within his or her garage or upon his
or her driveway in such manner as to not extend onto any sidewalks
in the Project. No Owner shall park, store, or keep on his or her
Lot any large commercial type vehicle, including, but not limited
to, any vehicle with three (3) or more axles or any vehicle which
exceeds six thousand (6,000) pounds in weight. Recreational
vehicle(s) may be stored (i) within a fenced sideyard area of an
Owner's Lot, even if such vehicle(s) are visible from the street or
public view; or (ii) if allowed by the County or City (as
applicable) or by law, on the public streets. No Owner shall park
any recreational vehicles in any other area of his Lot (i.e., the
sideyard only - no parking recreational vehicles on driveways), or
the Project except as may be allowed by the County or City (as
applicable) on public streets. "Recreational vehicles" shall
include, without limitation, trailers, boats, campers, trailer
52019.001-15960.FCM 121009 - 1 4 -
coaches, buses, house cars, camp cars, motorhomes (if the size is
larger than seven feet [71] in height and/or greater than one
hundred twenty-four inches [12411] in wheel base length) , or any
other similar type of equipment or vehicle. No Owner shall conduct
major repairs, painting, or major restorations of any motor vehicle
of any kind whatsoever within his or her garage, upon his or her
Lot or elsewhere within the Project, except for emergency repairs
thereto and then only to the extent necessary to enable movement
thereof to a proper repair facility. No Owner shall park or store
an inoperative vehicle on his or her 'Lot or in the Project for more
than forty-eight (48) hours. As required by the County, all
Residences shall have automatic roll -up garage doors. Garage doors
shall be kept closed at all times when not in use. In any event,
all vehicles shall be parked in compliance with applicable
governmental ordinances. Owner acknowledges and agrees to confirm
that the garage associated with Owner's Lot is adequate to
accommodate the vehicles which Owner desires to park therein.
Section 11. Solar Heating. All Owners shall have the
right to place and maintain on their Residence or Lot equipment and
facilities related to the installation and maintenance of individu-
al solar heating systems. The installation and maintenance of any
solar system by an individual Owner shall be subject to all
applicable zoning district regulations and the Uniform Building
Code, and associated ordinances. No solar heating panels or other
solar energy collection equipment shall be installed on any portion
of any Lot, or on any Improvement thereon, unless such equipment is
installed in such location and in such manner as to be obscured
from the view of other persons in the Project to the greatest
degree practical without significantly decreasing its efficiency.
Section 12. Declarant's Improvements. Nothing in this
Article or elsewhere in this Declaration shall limit the right of
the Declarant to construct or alter any Improvement to any Lot
owned by Declarant prior to completion and sale of the entire
Project. The rights of Declarant under this Declaration may be
assigned by Declarant to any successor to all or any part of De-
clarant's interest in the Property, as developer, by an express
assignment incorporated in a recorded deed transferring such in-
terest to such successor.
Section 13. Antennas/Apparatus. No radio -station or
shortwave operators of any kind shall operate from any Residence.
Except as otherwise required by law, no Owner shall install, or
cause to.be installed, or maintain any television, radio, "Citizens
Band" (C.B.) antenna, satellite dish or other similar electronic
receiving or broadcasting device (including those devices having a
diameter or diagonal measurement of one meter or less) in the
Project in such a manner as to be visible from the Lots, unless (1)
no other location exists that would not significantly increase the
cost of the installation, maintenance or use of the device or
significantly decrease its efficiency or performance or preclude
reception of an acceptable quality signal) and (2) the construction
52019.001-15960.FCM 121009 - 1 5 -
and installation occurs in a manner which is in compliance with all
applicable ordinances of the City, County, California Statutes
(e.g., Civil Code Section 1376), and Federal Regulations, as each
may be amended or revised from time to time.
Section 14. Leasing. No Owner shall be permitted to
rent or lease his or her Lot for transient or hotel purposes, or
for a period of less than thirty (30) days. All rental and lease
agreements shall be in writing and shall provide that the terms of
such agreement shall be subject in all respects to the provisions
of this Declaration, and that any failure by the tenant or lessee
to comply with the terms hereof shall constitute a default under
such agreement. Notwithstanding the foregoing, Declarant may
require each Owner to comply with initial Owner occupancy/sale
restrictions (e.g., requiring the Owner to physically reside in the
Residence for a fixed time period and/or prohibiting the Owner from
leasing the Residence during that time period).
Section 15. Party Walls and Fences. Those Owners who
have a common wall or fence adjoining their Lots, and such a wall
or fence divides the Lots upon which their Residences are con-
structed, shall equally have the right to the use of such wall or
fence, except that each shall have the exclusive right to the use
of the interior surface of the wall or fence facing his or her Lot.
Neither Owner shall use any portion of the wall or fence so as to
interfere with the use and enjoyment of the other Owner. In
addition, neither Owner shall increase the height of the wall or
fence beyond the height originally installed by Declarant or attach
any structure, appendage, or other item to the wall or fence which
might impair the view of another Owner within the Project,
including, without limitation, any extension of the wall or fence,
lattice work, green plastic privacy mesh, or shade. In the event
that any portion of such wall or fence, except the interior surface
of one (1) side, is damaged or injured from any cause, other than
the act or negligence of either party, it shall be repaired or
rebuilt at their joint expense. The construction of rear and side
yard walls affects numerous Lots throughout the Project. In many
situations, due to the construction of such walls, the footings
thereof may protrude into the yard area of the respective Lot by up
to one and one-half (1-1/21) to two feet (21) at varied depths.
Some of these same walls may have sub -drains installed adjacent to
such footings. Therefore, the Owners acknowledge and agree not to,
under any circumstance, plant any tree, shrub or other landscaping,
or build, erect or otherwise install any Improvement of any kind
within two feet (21) of the rear or side yard of Owner's Lot, or
which would impede or interfere with the sub -drain system adjacent
to such wall, or impair the structural integrity of such wall. All
retaining walls located on Lots in the Project shall be maintained
by the Owner of such Lot. All perimeter walls and fencing adjacent
to a public open space area or public street (including, without
limitation, the exterior, interior, top, and structural integrity
of such walls and fencing) shall be maintained by the Owners of the
Lots on which such walls and fencing are located.
52019.001-15960.FCM 121009 - 1 6 -
Section 16. Drilling. 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 or mineral excavations or shafts be permitted upon
the surface of any Lot, or within five hundred feet (500' ) below
the surface of the Project. 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.
Section 17. View. Each Owner, by acceptance of a deed
or other conveyance of a Lot, acknowledges that neither the City,
nor the County, nor the Declarant, nor the members, representa-
tives, employees, nor consultants of any of the foregoing, have
made any representations whatsoever concerning the view, if any,
that a particular Owner may enjoy from a Residence. There are no
express or implied easements or rights whatsoever appurtenant to
any Lot for view purposes or for the passage of light and air
across any other Lot or any property not within the Project. Each
Owner accepting a deed to a Lot hereby further expressly
acknowledges and agrees that the walls and fences constructed by
Declarant, and further construction, both within the Project and in
the immediate vicinity of the Project may impair the view from such
Owner's Lot, and each Owner hereby expressly consents to any such
impairment. Each Owner further acknowledges and understands that
property surrounding the Project may be developed or redeveloped in
accordance with applicable City and County standards. Concerns
pertaining to the future development of surrounding property should
be addressed with the County and/or City (as applicable).
Section 18. Refuse. Each Owner shall remove all rub-
bish, trash, garbage, weeds, and other debris from his or her Lot.
All such refuse which is put out for pickup by the County or City
shall be contained in garbage cans, garbage bags, or other closed
containers approved by the County or City, or appropriate entity
having jurisdiction thereof. After pickup, each Owner shall
promptly remove from the street and appropriately store all garbage
cans and -other containers. All garbage cans and other containers,
clotheslines, woodpiles, storage boxes, bicycles, tools, equipment,
dog houses, and all stored goods shall be kept in an area on the
Lot which is obscured from public view by a fence, wall or other
screen. Generally, all garbage cans and other closed containers
shall be exposed to the view of neighboring Lots for only a
reasonable period of time, not to exceed twenty-four (24) hours
before and after scheduled trash collection hours.
Section 19. Landscaping. Each initial Owner shall
install landscaping within twelve months following the close of
escrow for his Lot from the Declarant. Each Owner shall maintain at
all times all portions of his or her respective Lot (even those
areas, if any, that are located outside a fenced portion of the
Lot) and landscaping in a clean, safe, and attractive condition. At
such time, if ever, that an Owner fails to maintain his or her
landscaping in a satisfactory condition, each Owner shall have the
52019.001-15960.FCM 121009 - 17 -
right, but not the obligation to pursue any appropriate remedy as
provided herein or as allowed by law. As required by the County
and/or City, all landscaping and irrigation in"the front yards of
the Lots shall comply with the requirements of the Cityor the
Eastern Municipal Water District or the Riverside County Guide to
California Friendly Landscaping (whichever is applicable) and, if
applicable to residential lots, Ordinance No. 859, as the same may
be amended from time to time.
Section 20, Water Softeners. No Owner shall install
water softeners on the interior/exterior of the Residence, on a
Lot, or be allowed to protrude through the walls or roof of the
Residence unless the prior written approval is obtained from the
County or City, as applicable and only if necessary, or applicable
water district, only if necessary.
Section 21. Electric Lines. Owners acknowledge that
electric power lines may exist or be constructed within the
vicinity of the Project. To the best of Declarant's knowledge, no
state agency has established any setback or other limitations on
construction of residential housing in the vicinity of electric
power lines.
Section 22. No Roof -Mounted Mechanical Equipment. As
required by the City, roof -mounted mechanical equipment shall not
be permitted within the Project. However, solar equipment or any
other energy saving devices shall be permitted with City Planning
Department approval (as applicable).
Section 23. BMP Compliance. Each Owner shall be
responsible for compliance with all applicable Best Management
Practices and corresponding County Ordinances.
Section 24. Hazardous or Toxic Waste. Nothing other
than natural rain water may be discharged into the storm drains and
storm drainage system located on private or public property. The
National Pollutant Discharge Elimination System and Section 5650 of
the California Fish and Game Code prohibit, among other things,
discharging anything other than natural rain water into storm
drainage systems. Toxic chemicals or hydrocarbon compounds such as
gasoline, motor oil, antifreeze, solvents, paints, paint thinners,
wood preservative and other such fluids shall not be discharged
into any street, public or private, or into storm drains or storm
water conveyance systems. Uses and disposal of pesticides,
fungicides, herbicides, insecticides, fertilizers and other such
chemical treatments shall meet federal, state, City and County
requirements as prescribed on their respective containers. All
Owners within the Project are required to comply with such
restrictions.
Section 25. Exemption of Declarant. Nothing in this
Article or elsewhere in this Declaration shall limit, restrict,
abridge or control, in any manner whatsoever, the rights of De-
52019.001-15960.FCM 121009 - 18 -
clarant to complete the planning, development, grading, construc-
tion, advertising, marketing, leasing and sales of the Residences
and Lots, and all other property within the Project, including,
without limitation, the following specific rights, which may be
exercised by Declarant, its successors and assigns, or by its
agents and employees, in conjunction with such development and
marketing, so long as Declarant owns an interest in Tract 28206-2
or the Annexation Property:
(a) The right to maintain and operate one (1) or
more advertising, sales or leasing office(s), construction
trailer, construction parking area, temporary utility facili-
ties and/or lines, model complex(es) interior design and
decorator center(s), within the Project;
(b) The right to post and display from any Lot in
the Project any sign, flag, banner, billboard or other
advertising which Declarant may, in its sole discretion, deem
appropriate, irrespective of size, color, shape or materials
of such items;
(c) Subject to any approvals of the County and/or
City that may be required, the right to install, place,
replace, construct, reconstruct, modify or remove any
Improvement within the Project, as Declarant may, in its sole
discretion, deem appropriate;
(d) The right to conduct any commercial activity
within the Project which reasonably relates to the develop-
ment, marketing, leasing or sales of the Lots in the Project;
(e) The right to park vehicles within the Project;
and
(f) The right to use driveways within the Project,
which right shall also extend to prospective purchasers or
lessees of the Lots or of other property within the Project.
All or any portion of the rights of Declarant herein and
elsewhere in this Declaration may be assigned by Declarant to any
successor -in -interest in the Property or Annexation Property by an
express written assignment recorded in the Office of the County
Recorder.
ARTICLE V
MAINTENANCE
Section 1. Maintenance of Lots. Unless otherwise
maintained by the City, County or applicable governmental entity
(e.g., Valley -Wide Recreation and Parks District or a Landscape
and/or Lighting Maintenance District), each Owner shall maintain
52019.001-15960.FCM 121009 - 1 9 -
such Owner's respective Lot (even if located outside the "fenced"
portion of a Lot), together with the Residence and all Improvements
thereon (including, but not limited to, all landscaping, fences,
walls, retaining walls) in a neat, clean, safe, sanitary, attrac-
tive, and operational condition at all times, and shall bear all
costs thereof. Any slopes and terraces on a Lot shall be main-
tained so as to prevent any erosion thereof upon adjacent streets,
other Lots in the Project, or adjoining property. In addition, each
Owner shall maintain any underground drainage pipes, catch basins,
terrace drains or other erosion control devices installed by
Declarant on such Owner's Lot. Declarant has reserved the right to
amend this Declaration to set forth procedures and standards for
the maintenance and operation of the Lots ("Maintenance Obliga-
tions") . Each Owner may need to periodically review and adjust the
Maintenance Obligations, as deemed reasonable and prudent to
respond to the changing needs of his Lot. Notwithstanding the
foregoing, Declarant may, by written notice to the Owners, supple-
ment or amend the Maintenance Obligations from time to time. Each
Owner shall faithfully follow all of the Maintenance Obligations,
and each Owner shall cause any tenant of Owner to follow them as
well. Each Owner shall provide the Maintenance Obligations
(including all supplements and amendments thereto), consumer
products and consumer good manufacturer information, and warranties
to any person who purchases the Lot from Owner at any time and
shall require any such subsequent purchaser to provide said
Maintenance Obligations (including all supplements and amendments
thereto) to any person or entity who purchases the Lot from such
subsequent purchaser.
Section 2. Maintenance Guidelines. Section 907 of
the California Civil Code requires each homeowner to follow all
reasonable maintenance obligations and schedules communicated in
writing to a homeowner by the builder and products manufacturers,
as well as commonly accepted maintenance practices. The mainte-
nance guidelines for the Residence and Lot may be provided by
Declarant (or its assignee) and/or recorded against the applicable
Lots. Each Owner may need to update or revise the maintenance
guidelines and schedules set forth in the Maintenance Obligations
from time to time to ensure that his Residence or Lot are main-
tained in accordance with current commonly accepted maintenance
practices.
Section 3. Maintenance of Landscaping, Fences, Walls.
Unless otherwise maintained by the City, County, Valley -Wide
Recreation and Parks District, or an applicable community
facilities district or landscape maintenance district, each Owner
shall maintain any landscaping, fence or wall (including but not
limited to retaining walls) in that portion of the public right-of-
way median strip, adjoining public parkway, if any, located within
such Owner's Lot in a neat, clean, safe, sanitary, and attractive
condition at all times, and shall bear all costs thereof. Mainte-
nance by the respective Owners shall include, but not be limited
to, normal care and irrigation of the landscaping, repair and
52019.001-15960.FCM 121009 - 2 0 -
replacement of plant materials, irrigation systems as necessary,
and general cleanup of the landscape and open areas, walkways,
walls, and fences, removal of graffiti (only as required, if at
all, by the conditions of approval for the Project - unless
otherwise part of the City's and/or County's graffiti removal
program), and/or the repair of any Project signage (i.e., if such
signage is located on a Lot). Each Owner understands that neither
the County, nor the City, nor the Valley -Wide Recreation and Parks
District, nor any landscape maintenance district -is responsible for
any costs associated with the maintenance of the Project perimeter
walls and/or signage.
Section 4. Damage to Residence. If all or any portion
of a Residence is damaged or destroyed by fire or other casualty,
the Owner shall either promptly rebuild the Residence or clear his
or her Lot of all debris and restore his or her Lot to a neat,
safe, and attractive condition.
Section 5. Damage to Walls and Fences. Each Owner
whose Lot, or portion thereof, is improved with a block wall or
fence, as required in the conditions of approval for the Property,
shall be responsible for maintaining, repairing, and replacing said
Improvements in the same clean, safe, sanitary, and attractive
condition as originally provided by the Declarant. Any and all
improvements or modifications thereto shall be in substantial
conformance with the original design and materials utilized by the
Declarant.
Section 6. Drainage. All drainage devices, includ-
ing, but not limited to, drainage swales and area drains, located
on each Owner's Lot shall be maintained by said Owner in a clean,
safe, and attractive condition at all times, and free of any and
all debris. In the event said Owner does not comply with this
maintenance responsibility and the drainage device(s) impacts
adjoining Lots, the Owner of said affected Lot is hereby granted an
easement across the adjacent Lot as necessary to maintain, clear,
and repair the drainage devices to ensure proper drainage. In
addition, the City is granted a nonexclusive easement over each
Owner's Lot for the.purposes of inspecting and, if the Owner fails
to comply with his/her maintenance responsibilities, clearing and
repairing the drainage devices• on the Lot to ensure proper
drainage. If authorized by the City's ordinances, the Owner shall
be responsible for the cost of the City's work.
52019.001-15960.FCM 121009 - 2 1 -
ARTICLE VI
ANNEXATION OF ADDITIONAL PROPERTY
Additional property may be annexed to and become subject
to this Declaration as set forth in this Article.
Section 1. Development of the Project. The Declarant
intends to sequentially develop the Annexation Property on a phased
basis; however, Declarant may elect not to develop all or any
portions of said Annexation Property, to annex such portions of the
Annexation Property in Phases of any size or to develop more than
one (1) Phase in any order and at any given time, subject to the
provisions of this Article.
Section 2. Annexation Pursuant to General Plan of
Development. Declarant shall have the right, subject to the
provisions of this Article, annex all or any portions of the
Annexation Property, thereby making such Annexation Property
subject to this Declaration, without the consent of any Owner of a
Lot or further approval of the City or County, provided and on
condition that:
(a) Any annexation pursuant to this Section shall
be allowed when the proposed annexation is in substantial
conformance with the overall general plan of phased develop-
ment for the Project originally submitted to and approved by
the DRE with the Phase 1 Final Subdivision Public Report
application (e.g., the Annexation Property as depicted and/or
described on Exhibit "A"), or as subsequently approved by the
DRE; and
(b) A Notice of Annexation, as described in Section
3 of this Article, shall be recorded covering the designated
portions of the Annexation Property.
Section 3. Notice of Annexation. The annexation of
additional property authorized under this Article shall be made in
filing of record a Notice of Annexation, or similar instrument,
covering said additional property, and the Notice of Annexation
shall expressly provide that the scheme of this Declaration shall
extend to such additional property. The Notice of Annexation may
contain such complementary additions to and modifications of the
Protective Covenants set forth in this Declaration which are neces-
sary to reflect the different character, if any, of the annexed
property, including, but not limited to, marketing and selling
vacant Lots, the architectural guidelines for any construction
thereon, maintenance responsibilities of the Owners in this annexed
property, and which are fair, reasonable, and appropriate, and are
not inconsistent with the general scheme of this Declaration.
Except as set forth in this Section, no Notice of Annexation shall
add, delete, revoke, modify or otherwise alter the Protective
Covenants set forth in this Declaration.
52019.001-15960.FCM 121009 - 2 2 -
Section 4. Effective Date of Annexation. Any Notice
of Annexation recorded on a subsequent Phase of the Project shall
become effective immediately upon the first close of an escrow for
the sale of a Lot in said Phase, as evidenced by the recordation of
the first instrument of conveyance for said Lot.
Section 5. Amendments to Notice of Annexation. Not-
withstanding any other provisions in this Declaration to the con-
trary, a Notice of Annexation may be amended by the Declarant on
the following conditions:
(a) Such amendment applies only to the annexed
property described in said Notice of Annexation; and
(b) Such amendment shall in no way contradict,
revoke or otherwise alter any of the Protective Covenants set
forth in this Declaration.
Section 6. Right of De -Annexation. Declarant hereby
reserves the right to delete all or any portions of the Annexation
Property which may be annexed to the Project pursuant to this
Declaration, and to delete said property from the scheme of this
Declaration, provided and on condition that (i) the de -annexation
shall be made prior to the first close of an escrow for the sale of
a Residence in the property to be de -annexed, and (2) the de -
annexation is recorded in the same manner as the applicable Notice
of Annexation.
Section 7. Parties to Notice of Annexation. For so
long as Declarant has the right to annex all or any portion of the
Annexation Property into the Project, each Notice of Annexation
covering property owned by Declarant shall be executed only by
Declarant. Declarant's execution of any Notice of Annexation shall
evidence Declarant's consent thereto.
ARTICLE VII
GENERAL PROVISIONS
Section 1. Enforcement.
(a) Enforcement Rights. The Owner of any Lot in the
Project, including the Declarant, shall have the right, but
not the obligation, to enforce, by proceedings at law or in
equity, any or all of the covenants imposed by this
Declaration, including, without limitation, the right to
prosecute a proceeding, at law or in equity, against the
person or persons who have violated, or are attempting to
violate, any of said covenants, to enjoin or prevent them from
doing so, to cause said violation to be remedied and/or to
recover damages for said violation. In accordance with any
applicable ordinance of the City, the City may be allowed to
52019.001-15960.FCM 121009 - 2 3 -
maintain the Lots and place a special assessment on the tax
bills of the individual Lot Owners in the event said Owners
fail to maintain said Lots in accordance with the provisions
of this Declaration.
(b) Violation of Covenant Deemed Nuisance. The
result of every act or omission whereby any of the covenants
contained in this Declaration are violated, in whole or in
part, is hereby declared to be and constitutes a private
nuisance, and every remedy allowed by law or equity against a
private nuisance shall be applicable against every such result
and may be exercised by any Owner, including the Declarant, or
by such Owner's successors in interest. Nothing herein shall
prevent the City from abating a public nuisance.
(c) Remedies Are Cumulative. The remedies herein
provided for breach of the covenants contained in this Dec-
laration shall be deemed cumulative, and none of such remedies
shall be deemed exclusive.
(d) Failure to Enforce Covenants. The failure of
any Owner, including the Declarant, to enforce any of the
covenants contained in this Declaration shall not constitute
a waiver of the right to enforce the same thereafter.
( e ) Ef fect of Breach on Mortgagees. A breach of the
covenants contained in this Declaration shall not affect or
impair the lien or charge of any bona fide mortgage or deed of
trust made in good faith and for value on any Lot; provided,
however, that any subsequent Owner of such Lot shall be bound
by said covenants, whether or not such Owner's title was
acquired by foreclosure, a trustee's sale or otherwise.
(f) Fines. Each Owner agrees, by the acceptance of
his or her deed, that recovery of damages at law for any
breach of the provisions of this Declaration would not be an
adequate remedy. In order to encourage compliance, deter non-
compliance, and enable the effective enforcement of this
Declaration, the Declarant (so only as long as Declarant owns
at least one Lot in the Project) is authorized to establish
and collect fines and penalties, in addition to any fines and
penalties which may be imposed by the City or County pursuant
to the appropriate authority of applicable municipal codes,
for the breach of any provision of this Declaration which is
not cured or which reoccurs after the violating Owner has
received written notification of said violation. The fines and
penalties shall be determined by taking into account the: (1)
violation, (2) desirability of deterring future violations,
(3) the expense related to alternative legal action, and (4)
all other reasonable related factors. All such amounts
collected shall be deposited in a bank trust account and shall
52019.001-15960.FCM 121009 - 2 4 -
be applied to expenses incurred in connection with enforcement
of said provision or restriction.
(g) Prior to filing a civil action by an Owner
solely for declaratory relief or injunctive relief, or for
declaratory relief or injunctive relief in conjunction with a
claim related to the enforcement of this Declaration, the
parties may be required to comply with Civil Code Section
1369.510, et sec., if applicable. Failure to comply with the
prefiling requirements of Section 1369.510 et sew. of the
Civil Code may result in the loss of the right to sue regard-
ing enforcement of the applicable management documents. Upon
motion by any party for attorneys' fees and costs as the
prevailing party, the court, in determining the amount of the
award, may consider a party's refusal to participate in
alternative dispute resolution prior to the filing of the
action.
Section 2. Dispute Resolution Procedure Notices
Pursuant to SB 800. The Declarant and each Guest Builder shall be
responsible for recording a Supplemental Declaration against the
Lots owned by Declarant or such Guest Builder, which sets forth:
(1) the dispute resolution procedures that pertain solely to the
Lots owned by the Declarant and/or such Guest Builder; and (2) all
notices given by such Declarant or such Guest Builder pursuant to
SB 800 that pertain solely to the Lots owned by Declarant or such
Guest Builder.
Section 3. Electrical Power Lines. Underground
electric transmission and distribution lines are located within and
in the immediate vicinity of the Project. Numerous scientific and
epidemiological studies have been conducted as to whether there are
any adverse health effects from magnetic and electric fields
generated by electric power lines. Further information of this
subject is available from the Electric and Magnetic Fields Program,
California Department of Health Services, 2151 Berkeley Way, Annex
10, Berkeley,.California.
Section 4. Severability. Invalidation of any one of
these covenants by judgment or court order shall in no way affect
any other provisions hereof, which shall remain in full force and
effect.
Section 5. Term. The Covenants set forth in this Dec-
laration shall run with and bind the Project, and shall inure to
the benefit of and be enforceable by the City and County and by any
Owner of a Lot in the Project, and such Owner's heirs, successors,
and assigns, for a term of sixty (60) years from the date this
Declaration is recorded, after which time said Covenants shall be
automatically extended for successive periods of ten (10) years,
unless an instrument, signed by the then Owners of a majority of
the Lots in the Project, agreeing to terminate said covenants and
restrictions, in whole or in part, has been recorded within one (1)
52019.001-15960.FCM 121009 - 2 5 -
year prior to the termination of the initial sixty (60) year terms,
or within one (1) year prior to the termination of any successive
ten (10) year period.
Section 6. Covenants Running With the Land. Each of
the Covenants provided for in this Declaration shall be deemed to
be established upon the recordation of this Declaration, and shall
henceforth be deemed to be covenants running with the land for the
use and benefit of the Lots, and superior to all other encumbrances
applied against or in favor of any portion of the Project which are
the subject of this Declaration. In furtherance of the easements
provided for in this Declaration, the individual grant deeds to the
Lots may, but shall not be required to, set forth said easements.
Section 7. Construction. The provisions of this Dec-
laration shall be liberally construed to effectuate its purpose of
creating a uniform plan for the development, use, occupancy, and
enjoyment of the Project. The Article and Section headings have
been inserted for convenience only, and shall not be considered or
referred to in resolving questions of interpretation or construc-
tion.
Section 8. Sinaular Includes Plural. Whenever the
context of this Declaration may so require, the singular shall
include the plural, and the masculine shall include the feminine
and neuter.
Section 9. Amendments. Notwithstanding any other
provisions of this Section 9, as long as Declarant owns any portion
of the Property, Declarant may unilaterally amend this Declaration
by recording an instrument signed by Declarant, in order to: (i)
conform the Declaration to applicable law, (ii) correct typo-
graphical or technical errors to clarify the language, (iii) insert
document dates and recording information, (iv) conform the Declara-
tion to the requirements of the Veterans Administration, the
Federal Housing Authority, the Federal National Mortgage Associa-
tion, the Government National Mortgage Association, the Federal
Home Loan Mortgage Corporation, the California Department of Real
Estate, the City, or the County, (v) record maintenance obligations
and schedules for any Improvements on the Property, and (vi)
accommodate dispute resolution provisions and provisions of SB 800
(as defined in Article VII, Section 11, of this Declaration).
Except as otherwise provided herein, this Declaration may be amend-
ed only by the written assent of the Owners of not less than sixty-
seven percent (67%) of the Lots in the Project. This amendment
provision shall not be amended to allow amendments by less than the
percentage set forth hereinabove, nor shall any provision herein
regarding DeclarantIsrights be amended without DeclarantIswritten
consent (e.g., provisions relating to the resolution of Disputes).
Notwithstanding the foregoing, any Owner may petition the Superior
Court of the County for an order reducing the necessary percentage
required under this Section to amend this Declaration, except for
those provisions requiring Declarant's consent. The procedure for
52019.001-15960.FCM 121009 - 2 6 -
effecting this petition is set forth in Section 1356 of the
California Civil Code, as same may be amended, from time to time.
An amendment made in accordance with the provisions set forth
hereinabove shall be effective when it is set forth in writing,
executed before a notary public by the requisite number of Owners
and recorded in the Office of the County Recorder upon such
recordation, the amendment shall be effective and binding upon all
Owners and all mortgagees, regardless of whether such Owner or such
mortgagee consented to such amendment. Notwithstanding any
provision to the contrary, herein, this Declaration shall not be
terminated, "substantially" amended, or property deannexed
therefrom absent the prior written consent of the Planning
Directors of the City and County of Riverside or the City's and
County's successor -in -interest. A proposed amendment shall be
considered "substantial" if it affects the extent, usage, or
maintenance of the "common area" established pursuant to the
Declaration. In the event of any conflict between this Declaration
and any other applicable set of Bylaws, Articles of Incorporation,
or set of Rules and Regulations, if any, this Declaration shall
control.
Section 10. Attorneys' Fees. In the event any Owner of
any Lot shall commence legal proceedings against the Owner of any
other Lot to enforce the covenants of this Declaration, or to
declare rights hereunder as the result of any breach, or claim of
breach, of said covenants, except as may otherwise be stated in the
Dispute Resolution Procedure set forth in a Supplemental Declara-
tion, the prevailing party shall recover the cost of the suit,
arbitration, or alternative dispute resolution, in addition to its
costs of suit, including reasonable attorneys' fees, as may be
fixed by the court.
Section 11. No Warranty of Enforceability. While
Declarant has no reason to believe that the restrictive covenants
contained in this Declaration are or may be invalid or unenforce-
able for any reason or to any extent, Declarant makes no warranty
or representation as to the present or future validity or enforce-
ability of any such restrictive covenant. Any Owner acquiring a Lot
in the Project in reliance on one or more of such restrictive
covenants shall assume all risks of the validity and enforceability
thereof, and, by acquiring the Lot, agrees to hold Declarant
harmless from any injury or damage therefrom.
Section 12. Exhibits. Each and every exhibit attached
hereto, if any, shall be incorporated herein by reference. All
depictions in such Exhibits are for illustrative purposes only and
the "as -built" condition by Declarant shall be controlling.
Section 13. Project Disclosures.
(a) Conditions of Approval. The Project is subject
to all terms and conditions of approval set forth in the
County's resolutions approving Amended Tentative Tract Map No.
52019.001-15960.FCM 121009 - 2 7 -
28206 and the development of the Project. Neither this
Declaration nor any contract of sale, lease, or other written
document or any means or method shall be established, or shall
attempt to establish, any requirement, restriction, or
limitation on the Declarant, or any person, individual or
entity, which would operate, directly or indirectly, to
prevent or preclude any other developers of the Property or
Project, or any person, individual, or entity, in complying
with all applicable terms and conditions of approval set forth
in the County's resolutions approving Amended Tentative Tract
Map No. 28206 and other City and County ordinances, rules,
policies, or regulations.
(b) Prior Use of Project Site. Based on investiga-
tions conducted by independent consultants, it is Declarant's
understanding that the Project site was previously used as
vacant land and for agricultural and dairy purposes. There
may have been other prior uses of the Project site as well.
As a result of the prior usage of the Project site, pesticides
and other chemicals may be present in the soil and/or ground-
water at the Project site. Neither soil nor groundwater
should be ingested. Each Owner should investigate this matter
to his/her own satisfaction prior to purchasing a Lot in the
Project. Declarant makes no representations or warranties
concerning the prior use of the Project site.
(c) Detention Basins. If the Project is completed
as currently planned, detention basins will be located within
Tract 28206-1. Other detention basins may also be located in
the vicinity of the Project.
(d) Airports. The Project is located within the
vicinity of the French Valley Airport and other airports.
Although the Project is not currently considered to be within
an "airport influence area" (as defined below) , this notice is
given pursuant to Civil Code Section 1353:
NOTICE OF AIRPORT IN VICINITY
This property may be presently located in the
vicinity of an airport, within what is known as an
airport influence area (i.e., an area in which
current or future airport -related noise, over-
flight, safety, or airspace protection factors may
significantly affect land uses or necessitate
restrictions on those uses as determined by an
airport land use commission). For that reason, the
property may be subject to some of the annoyances
or inconveniences associated with proximity to
airport operations (for example: noise, vibration,
or odors). Individual sensitivities to those
annoyances can vary from person to person. You may
wish to, and should consider what airport annoyanc-
52019.001-15960.FCM 121009 - 2 8 -
es, if any, are associated with the property before
you complete your purchase and determine whether
such a location and airport annoyances are accept-
able to you.
(e) Streets and Highways. The Project is located
in close proximity to the 215 freeway and several major
thoroughfares, including, without limitation, Leon Road, Scott
Road, and Winchester Road. Owners and other residents of the
Project may experience, and/or be exposed to, significant
noise, odors, air pollution, diesel fumes, bright lights,
traffic congestion, and other adverse impacts relating to the
use and maintenance of the freeway and thoroughfares.
(f) Mount Palomar Observatory. The Project is
subject to lighting restrictions as required by County
Ordinance 655, which are intended to reduce the effects of
night lighting on the Mount Palomar Observatory. All proposed
outdoor lighting systems shall be in conformance with County
Ordinance 655. Within the Mount Palomar Special Lighting
Area, as defined in County Ordinance 655, low pressure sodium
vapor lighting or overhead high pressure sodium vapor lighting
with shields or cutoff luminaries, must be utilized.
(g) Valley -Wide Recreation and Parks District. As
required by the County, the Project will be annexed to the
Valley -Wide Recreation and Parks District ("District"), a
special assessment district established to maintain public
landscaped areas, parks and open space areas. If the Project
is completed as currently planned, the District will own and
maintain the detention basins located within Tract 28206-1,
the 20-foot regional trail easement located over portions of
the Lots within Tracts 28206-1 and 28206-2, and the public
park and open space within Tract 28206-1. Owners will be
subject to any taxes, assessments and obligations of the
District.
(h) Landscaping and Lighting Maintenance District.
As required by the County, the Project will be annexed to
Landscaping and Lighting Maintenance District No. 89-1-
Consolidated for graffiti abatement of walls and other
permanent structures, along County and/or City maintained roads
right-of-way, maintenance of traffic signals, and maintenance
of landscaping along public roads. Owners will be required to
pay assessments to such district.
(i) Community Facilities District. The Project is
located within the boundaries of Community Facilities Dis-
tricts 05-8 and 2006-2. Owners of Lots in the Project will be
subject to special taxes of the Community Facilities District.
52019.001-15960.FCM 121009 - 2 9 -
(j) Sewer Backf low Valves. As required by the
County, certain Lots in the Project will have sewer backflow
valves.
(k) Southwest Detention Center. The Southwest
Detention Center is located near the intersection of Winches-
ter Road and Auld Road in the City of Murrieta. The Southwest
Detention Center is a maximum security jail that holds men and
women for a maximum of two years before they are sent to
prison. Further information concerning the Southwest Deten-
tion Center may be obtained by calling the center at (909)
696-3050.
(1) Waiver. Each Owner, for and on behalf of
himself and the members of his family, his tenants, lessees,
guests and invitees, expressly approves all of the foregoing
conditions and risks, and waives all causes of action and
covenants not to sue the City, County, the Declarant, and
their respective directors, officers, members, employees,
agents and consultants for any damages or injuries which may
arise from or relate to any of such conditions and/or risks.
(Signature Page To Follow)
52019.001-15960.FCM 121009 - 3 0 -
IN WITNESS WHEREOF, the undersigned, being the Declarant,
has executed this Declaration on the day and year first set forth
hereinabove.
"DECLARANT"
CADO GARBANI LLC,
a California limited liability company
By: CADO Management LLC,
a Delaware limited liability company,
its Managing Member
By: Zikakis Asset Management, LLC,
a California limited liability
company, its Sole Member
By: Capstone Asset Management,
Inc., a California corporation,
its Managing member
B {
Y�
Alex Zikaki
President
STATE OF CALIFORNIA
] ss.
COUNTY OF Sa.n
On 14 , 2009, before me,a(San m
a Notary Public in and for said State, personally appeared Alex
Zikakis, who proved to me on the basis of satisfactory evidence to
be the person whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his authorized
capacity, and that by his signature on the instrument, the person
or the entity upon behalf of which the person acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
WITNESS hand
ature Notary Public
52019.001-15960.FCM 121009
and official seal.
Slit; BMTROM
Commission # 1667941
Notary Public - California
San Diego County (SEAL)
emyComm.
Explres Jun 16, 2010
-31-
CONSENT OF LIENHOLDER AND
SUBORDINATION OF LIEN
The undersigned bene-fic,iary under that certain'Deed of Trust
recorded on March 17.,-20,09,-as Instrument No. 2009-01278..22, in the
Official Records of 'Riverside County, California, agrees that the
lien of the Deed of '.Trust shall be junior and subordinate and
subject to the attached Declaration of Covenant's,'Conditions and
Restrictions, and Reservation of Basements for Terra Bella ("Decla-
ration"'), to any Notice 'of Annexation recorded pursuant to the
Article herein entitled "Annexation of Additional Property"
("Notice of Annexation"), and to any amendments to the Declaration
and/or Notice of Annexation.
DATED: , l 1 0o09 "LIENHOLDER"
SILVERGATE BANK
BY;
Its: evpL� f
BY:
Its:
STATE OF CALIFORNIA )
COUNTY OF
On f)L_Brrtbtr t/ , 2009, before me, .Tu �L-1, M, %"Lj[�e_5 , a
Notary PubliL"wt,
in and for said State,- personally appeared
lbaz*- S and , who proved
to me on the basis of satisfactory evidence to be the persons whose
names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacity, and
that by their signatures on the instrument, the persons or the
entities upon behalf of which the persons acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true and
correct.
ZIOV01 511V 8"3 WWO3
WITNESS my hand and official seal. Aurrao aEam utg
11MIReO 0114nd AMON
L G L 608 L U01891=03
S31MONN IN Himr
SigiiKture of Notary Public
(SEAL)
52019.001-15960.FCM 121009
CONSENT OF LIENHOLDER AND
SUBORDINATION OF LIEN
The undersigned beneficiary under that certain Deed of Trust
recorded on August 21, 2009, as Instrument No. 2009-0436497, in the
Official Records of Riverside County, California, agrees that the
lien of the Deed of Trust shall be junior and subordinate and
subject to the attached Declaration of Covenants, Conditions and
Restrictions, and Reservation of Easements for Terra Bella ("Decla-
ration"), to any Notice of Annexation recorded pursuant to the
Article herein entitled "Annexation of Additional Property"
("Notice of Annexation"), and to any amendments to the Declaration
and/or Notice of Annexation.
DATED: December 16, 2009 "LIENHOLDER"
ARCH INSURANCE COMPANY
1�
r
BY:
y W. Carlstrom
ts. Vice President �x
BY -
STATE OF CALIFORNIA-
ss.
COUNTY OF Los Angeles
On December 16 2009, before me, Natalie Burkhart a
Notary Public in and for said State, personally appeared
Larry W Carlstrom and n/a who proved
to me on the basis of satisfactory evidence to be the persons whose
names are subscribed to the within instrument and acknowledged to
me that they executed the same in their authorized capacity, and
that by their signatures on the instrument, the persons or the
entities upon behalf of which the persons acted, executed the
instrument.
State of
correct.
I certify under PENALTY OF PERJURY under the laws of the
California that the foregoing paragraph is true and
WITNESS my hand and official seal.
&Ah,-t
Signature of Notary Public
52019.001-15960.FCM 121009
NATALIE 6UMOMT
Co"wnkdon # 1786762
Notary PJft-Cdlfomlo
Loa ArgpW County
ILI Comm. Eg*a Jan 11, 2012
(SEAL)
EXHIBIT "A"
ANNEXATION PROPERTY
(not applicable)
52019.001-15960.FCM 121009