HomeMy WebLinkAbout1977-032614 •
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•• NHEN RECORDED REIIIBN TO: .
. John Hiller
John Miller Electric
742 Artie Street DOD. NO. 32614
Santa Maria, Ca. 43454: OFFICIAL RECORDS
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SAN LUIS OBISPQ co., CAL
DECLARATmN OP RESTRICTIONS JUL 5 1977
AND PROfELTIVE COVENANTS WILLIAM E. mum
COU�5li9'sj RECORDER
TIMER g A.M.
Elairet
John Miller, is the owner of all that real property in the City of
Arroyo Grande, County of San Luis Obispo, State of California, described
as follows:
Tract 599 as per map recorded in Book 9 Page 2,of Maps, in the office
of the County Recorder, County of San Luis Obispo,.State of California;
which.real property is hereinafter referred to as "Loomis Heights" for the
benefit of each lot in Loomis Heights, and for the mutual benefit of all
lots therein, John Miller hereby declares that Loomis Heights is and shall
be owned, conveyed, encumbered, leased, rented, used, occupied and improved
subject to the following covenants and restrictions, each of which shall
run with the land and be binding on all parties acquiring any right, title
or interest in Loomis Heights and each of which is for the purpose of
enhancing and protecting the value, desirability and attractiveness of
the lands in Lo ais Heights. As used in this Declaration, the word "lot"
shall mean each of the parcels of land into which Loomis Heights is now
or hereafter subdivided, as shown and designated as such on any recorded
subdivision or parcel map.
1.0 Ho lot shall be used for any purpose (including any business or
commercial activity) other than as an orchard or for the residence of
one family and its domestic servants, or both, except that John killer,
for the purpose of selling lots, may use any lot owned by Joint M-{
for a model home.
1.02 No lot shall be used to keep any animals or birds, except domestic
. dogs, cats, and other domestic household pets. Such domestic dogs, cats
and other domestic household pets shall not be kept, bred,or maintained
for any commercial purpose.
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1.03 No temporary building, trailer, mobile home, garage, building in
the course of construction or any other temporary structures shall be
used, temporarily or permanently, as a residence on any lot. No trailer,
recreational vehicle or inoperable motor vehicle or boat shall be kept
on a lot except within an enclosed building or shielded from view of
adjoining lots by trees, foliage, or other natural vegetation.
1.04 No clothing or other household fabrics shall be hung outside on
any lot unless the same are enclosed from view by a fence or other
enclosure at least six inches higher than such hanging articles or
unless the same are shielded from view of adjoining lots by trees,
voltage. or other natural vegetation.
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escription:San Luis Obispo,CA Document-year.Doc1D 1977.32614 Page: 1 of 8
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1111 • 1.05 No lumber, metals, bulk materials, refuse or trash shall be kept,
stored or allowed to accumulate on any lot, except building materials
during the course of construction or any approved structure, and then
only for a reasonable time. No machinery shall be placed or operated
upon any lot except such machinery as is usual in the maintenance of a
private residence or in the operation of an orchard.
1.06 No cesspool, septic'tank or other sewage disposal system or device
shall be installed, maintained or used upon any lot without the approval of
the Health Department of the City of Arroyo Grande, County of San Lein
Obispo, State of California. No water pipe, gas pipe, sewer pipe or drain-
age pipe shall be installed or maintained on any lot above the surface of
the ground except hoses, house roof gutters and movable pipes used for
irrigation purposes and connection units for service.
1.07 No lot shall be used for the purpose of boring, mining, quarrying,
exploring for or removing water, oil.and other hydro-carbons, sainerals,
gravel or earth, except with the permission of the Improvement Authority.
1.08 No lot in said property shall further be subdivided, nor shall any
part or portion of any lot he severed from, sold, conveyed or transferred
apart from the original lot as the same appears upon the recorded map of
said property, except that the owner of a lot may sell to the owner of a
contiguous lot belonging to another owner an amount of land not exceeding
ten (10) per cent, providing the remaining portion of the lot from which
the portion was deleted shall exceed 18,000 square feet.
1.09 No noxious or offensive activity shall be carried on/or upon any
lot, nor shall anything be done thereon which may be or may become an
annoyance or nuisance to the neighborhood.
1.10 Easements for installation and maintenance of utilities are
reserved as shown on the recorded subdivision map. Within these ease-
meats, no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation
and maintenance of utilities. The easement area of each lot and all im-
provements in it shall be maintained continuously by the owner of the lot,
except for those improvements for which a public authority or utility
company is responsible. •
1.11 No fences, other structures or plantings which may obstruct or
interfere with the flow of surface water from adjoining lots in accordance
with the natural drainage patterns shall be placed or peraitted to remain
along the side or rear boundaries of any lot.
1.12 All tractors, cultivators. or other mechanctal equipment used in •
the maintenance and operation of orchards shall be kept within an enclosed
structure or otherwise shielded from the view of adjoining lots and streets.
All orchards shall be maintained in such a condition as to not be unsightly
and as to not constitute a threat to the health and productivity of adjoining
orchards.
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)escription:San Luis Obispo,CA Document-Year.DocID 1977.32614 Page:2 of 8
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I eaOMffiit AUtDORITY
2.01� "Loomis Heights Improvement Authority", referred to herein as
the Improvement Authority", shall consist of one or more persons
(corporate, associate or natural) as designated herein. At the time of
this Declaration, John Miller, is the sole member of the
Authority_ John Miller mayat anytime, by
Improvement
office of the Recorder of the County of San Luis p�ref rr�
to this Declaration of Restrictions, designate in his stead
other
person or persons, including a Homeowner's Association with membership
composed of the lot owners, as the weubers of the Improvement Authority
and the majority-of the members of the Improvement Authority may at any
given time similarly make successive substitutions. If at any time John
Miller no longer exists and has made no substitution, his partners then
surviving shall constitute the Improvement Authority, or if none of 'the
partners then exist or if at any time the person or persons who have
succeeded as members of the Improvement Authority no 10:9. exist, the
membership shall consist of the person or persons designated by the owners
of the'majority of the lots in Loomis Heights by Instrument recorded in
• the office of the County Recorder of San Luis Obispo and referring to
this Declaration of Restrictions.
2.02 At such time as John Miller has transferred title to a total of
nine lots, one of the owners of said nine lots shall join with John Miller
in the administration of the Improvement Authority. Subsequent to transfer
of title by John Miller to a total of 10 lots, a second owner of said 10
lots shall join with John Miller in the administration of the Improvement
Authority. Upon transfer of .title by John Miller to a total of 13, lots,
John Hiller shall relinquish his position as a member of the Improvement
Authority, unless reappointed to the Improvement Authority by the majority
of the lot owners.
2.03 Notwithstanding any other provision contained herein, the Improve-
ment Authority may, without violation of this Declaration resulting there-
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from, authorize a lot owner with respect to his lot to deviate from the
applicable deed restrictions for good cause shown in order to avoid unnec-
essary hardships or expense, but no deviation shall be allowed to authorize
a business- or commercial use or to permit lots of less than the minimum size
set forth in paragraph 1.08.
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ascription:San Luis Obispo,CA Document-year Dod D 1977.32614 Page:3 of 8
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SETBACK, DESIGN AND CONSTRUCT/ON OF
BUILDINGS AND I Paovli ITS
3.01 "Structure" means any thing or device (other than trees, shrubbery
and landscaping) the placement of which upon any lot might affect the archi-
tectural appearance of such lot, including byway of illustration and not
limited to any building, garage, porch, shed, greenhouse or lathhouse,
covered patio, swimming pool, tennis court, clothes line, fence, wall,
hedge more than two (2) feet in height, or any temporary or permanent
living quarters including any house trailer. "Structure" shall also mean
any excavation or fill, the volume of which exceed five (5) cubic yards or
any excavation, fill ditch, diversion den or other thing or device which
affects or alters the natural flow of surface waters upon or across.any lot,
or which affects or alters the flow of any waters in any natural or arti-
ficial stream,,wash or drainage channel upon or across any lot.
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3.02 • No structure may be erected or maintained on any lot or lots except
one single family dwelling house with an interior living floor area (ex-
elusive of accessory buildings, easements, garage and uncovered or covered
porches or patios) of at least 1,400 square feet, together with such
detached outbuildings conforming in appearance with said duelling house
as are approved by the Improvement Authority and relate to the residential
or horticultural use of the property. Said single family duelling house
shall not exceed two stories in height.
3.03 No grade, ground level or drainage pattern of any lot shall be
materially altered or changed in any manner without first obraining the
prior written consent and approval of the Improvement Authority.
3.04 No trees in excess of four (4) inches in diameter shall be removed
without approval of the Improvement Authority. The "Improvement Authority"
shall require the planting of "replacement" trees as a condition of "approval
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to remove".
3.05 No facilities, including poles or wires, for the transmission of
electricity, telephone messages and television or radio, except as specifi-
cally provided herein, and the like shall be placed or maintained above the
surface of the ground of any lot. If at the time of occupancy of the house
construction on any lot there is available underground television antenna
connection cables, then no outside radio or television pole or antenna
shall be constructed, erected or maintained on any building or any lot
located in such a manner as to be visible from the outside of any such
building except by and with the prior written consent of the Improvement
Authority. Such prior written consent for a television antenna shall not
be required in the event that ;said television antenna cable is not avail-
able for connection at the date of occupancy of the house constructed on
the lot. However, no such antenna for a private dwelling exceeding twenty
(20) feat in height above the highest point of the house shall be installed
c.ithout prior written consent. Upon the written demand of the improvement
Authority and after availability of underground television antenna connection
cable, any private antenna shall be prooptly removed at the lot owner's
c:xpe.nse.
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)escription:San Luis Obispo,CA Document-Year.DocID 1977.32614 Page:4 of 8
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.3.06 No structure shall be erected, placed, moved onto or permitted •
to remain upon any lot, nor shall any existing structure be permitted
to remain upon any lot, nor shall any existing structure upon any lot
be altered in any way which changes the exterior appearance thereof
except in accordance with complete plans therefor previously submitted
to, and approved in writing by, the Improvement Authority. The minimum
scale of the plans shall be 1/4" equals 1'. A plot plan in said minimum
scale shall show the location of all buildings, drives, walks, fences,
swimming pools, tennis courts, and the existing houses on all sides of
the lot: Existing and proposed contours throughout the lot, abutting
lots and abutting street elevations on all sides shall be shown.
Building plans shall shaven exterior elevations, indicate and locate
on each elevation the materials to be used and designate each exterior
color to be used by means of actual color samples.
Owner shall, prior to the submission of said complete plans and speci-
fications as provided above, submit to the Improvement Authority pre-
liminary-or tentative plans and specifications, including preliminary •
plot plans, which shall clearly and completely show and set forth the
essential features and intent of the construction subject to the pre-
* parations, submission and approval of the final building plans, plot
plan and specifications, as provided herein. Landscaping plans, in
the minimum scale of 1/4" equals 1' shall also be submitted for approval
showing type and size of all existing and proposed landscaping.
1.07 If a plan is not disapproved by the Improvement Authority within
thirty (30) days after its submission, it shall be deemed the equilvalent
of written approval. The Improvement Authority shall retain for its
permanent records a copy of each approved plan. Unless the time is
extended in writing by the Improvement Authority, failure to complete
the work under a plan within one year from the date of approval of
the plan shall constitute an automatic revocation of the approval.
After such automatic revocation of approval, the structure being
constructed or alters shall not then or thereafter be occupied or
permitted to remain on any lot for a period Longer than three (3) •
months.
The Improvement Authority shall make available to owners from tine to
tine a statement of its general policy concerning matters which will
cause plans to be disapproved, such matters including number of stories,.
size of garage, setback requirements in general and for specific lots,
• general architectural styles, proposed colors and other matters affecting
the aesthetic success of the proposed improvement.
3.08 The Improvement Authority, through its agents or employees, may
• at any reasonable time or times enter upon and inspect any lot for the
purpose of ascertaining whether the maintenance of such lot and the
maintenance. construction or alteration of structures thereon are in
compliance with the provisions hereof. Neither the Improvement
Authority nor any such agent or employee shall be deemed to have
committed a trespass or wrongful act by reason of any such entry or
inspection.
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Description: San Luis Obispo,CA Document-Year.Doc1D 1977.32614 Page:5 of 8
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WEED REMOVAL
4.01 Improvement Authority may at any time enter upon any lot for the
• purpose of cutting,.plowing under, burning or otherwise removing weeds,
dead trees or dead plants, removing or disposing of rubbish or litter.
So such entry shall be deemed a trespass and Improvement Authority shall
not be billed to and paid by the owner of the lot and shall constitute
a lien on the lot from after the date that a notice of delinquency is
filed'for record. Said notice shall contain the amount of the lien,
the date it was incurred and a legal description of the property liened.
The lien may be enforced by Improvement Authority in the manner provided
by law with respect to a mortgage or other lien on real property. In
order for the lien to be discharged, the owner of said lot shall pay in
addition to the amount of the lien all costs and expenses incident to
the filing of the notice of delinquency and all costs for foreclosure
or other enforcement of a lien including reasonable attorney's fees,
Improvement Authority shall record a release of lien upon satisfaction
of the lien.
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VOL1992 r+i.�299
Description:San Luis Obispo,CA Document-Year.DocJD 1977.32614 Page: 6 of 8
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CONSTRUCTION AND ENFORCEICNT
5.01 No restriction herein is intended to be, or shall be constructed
as, a condition subsequent.
:5.02 The determination by a court that any restriction is void shall
not affect the validity of any other restriction.
5.03 Damages shall not be deemed adequate compensation for any bras,-h
or violation of a restriction.
5.04 Any party to a proceeding who succeeds in enforcing a restriction
or enjoining the violation of a restriction against a lot owner may be
awarded a reasonable attorney's fee against the lot owner.
5.05 Upon any violation or breach of any restriction, Improvement
Authority may enter upon any lot where such violation exists and summarily
abate and remove any thing or condition that may be or exist thereon
contrary•to the provisions hereof. Improvement Authority shall not thereby
be deemed to have trespassed upon a lot and shall be subject to no liability
to the owner or occupant or such lot £or such entry.
5.06 Waiver of a restriction as to any lot or failture to enforce it
shall not waive other restrictions as to that lot or any restriction as
to any other lot.
5.07 Every person acquiring a lot from John Miller or a subsequent
grantee covenants to observe, perform and be bound by this Declaration
of Restrictions.
5.08 No restriction contained herein shall in any privately owned
public utility or water organization acting under or incident to a
certificate of public convenience and necessity for such area in the
performance, improvement, or maintenance of its services or the
construction, completion, extension or improvement of its facilities.
5.09 No violation of any restriction shall defeat or render invalid
the lien of any mortgage or deed of trust made in good faith and for
value, but any purchaser at any trustee's mortgages or foreclosure sale
shall be bound by the restrictions.
,5.10 At such date after January 1, 2001, as the record owners of a
majority of the lots determine, such record owners may record in the
office of the County Recorder of San Luis Obispo, a document declaring
that all or certain of these restrictions are terminated and the
restrictions so designated shall terminate.
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Description:San Luis Obispo,CA Document-Year.DocID 1977.32614 Page: 7 of 8
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5.11 In the performance of any of its duties or in the pursuit of
any of its rights hereunder, John Miller may act through any of its
constituent partners or tha agents or employees of any of them.
Dated: 9-(14a, 019 — IT77
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J n Miller
7FA STATE OF CALIFORNIA �p
COUNTY OF Sa.w,• tliue COL-To}L,} SS,
T
On Jt)tJQ a� 19-1-119-1-1Y before me.
tbs underaitmed.a Notary Public in and for paid County and State.
penman y appeal .
-3-0hAmt ►t ,
known to me r OFGeiai UM
to be the person___whese name__►:Lsubarribed to the within
instrument and arknnwsPLPIU FO;pot Cew.t
kdfrd that h —eseruted the same 9 NOTARy PUBLIC• GUFQRRIA
- �y a�Luf amnitcYm FspRu
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Signature1:45.,$) APRiI 7. l9/1
--blame Ind to or Pr oust
Ind!v!da.l Notary Public in and For said County and Stab.
A-L FOR NOTARY SEAL OR STAMP
Notary Public in and for said city,
County and State
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Description: San Luis Obispo,CA Document-Year,DocJD 1977.32614 Page:8 of 8
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