Woodside of Almaden Homeowners Association
CC&R Declaration
"TRACT NO.
5935"
Recorded October 6, 1977 in Volume D190 Official Records page 659, file 5805946
DECLARATION OF RESTRICTIONS This Declaration made and dated this 29th day of
Sept. , 1977 by VALLEY TITLE COMPANY, a corporation, WITNESSETH WHEREAS, said
party is the owner of a certain tract of land situate in the City of San Jose,
County of Santa Clara, described as follows:
That certain Tract entitled "Tract No. 5935, which Map was filed for record in the office of the Recorder of the County of Santa Clara, State of California, on September 12, 1977, in Book 403 of Maps, pages 37 and 38, to which said map and the said record thereof, reference is hereby made, and WHEREAS, said owner is about to sell property shown on said Map, which it desires to subject to certain restrictions, conditions, covenants and agreements between themselves and the purchasers of said property as hereinafter set forth: NOW, THEREFORE, said party declares that the property shown on said Map of Tract No. 5935 is held and shall be conveyed subject to restrictions, conditions, covenants, charges and agreements set forth in the Declaration, to wit:
A-1. Land Use and Building Type: No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling not to exceed two and one-half stories in height and a private garage for not more than two cars.
A-2. Architectural Control: No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approve by the Architectural Control Committee as to quality of workmanship and materials, harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. Approval shall be as provided in Part B.
A-3. Dwelling Cost, Quality and Size: No dwelling shall be permitted on any lot at a cost of less than $22,000.00, based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenant to assure that all dwellings shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 1400 square feet for a one-story dwelling, nor shall the combined floor areas for a dwelling of more than one-story be less than 1600 square feet.
A-4: Building Location: No building shall be located on any lot nearer to the front line or nearer to the side street line than the minimum building setback lines shown on the recorded plat. In any event no building shall be located on any lot nearer than 20 feet to the front lot line, or nearer than 12 1/2 feet to any side street line. No building shall be located nearer than 5 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 10 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 20 feet to the rear lot line. For the purposes of this covenant, eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
A-5. Lot Area and Width: No dwelling shall be erected or placed on any lot having a width of less than 4S feet at the minimum building setback nor shall any dwelling be erected or placed on any lot having an area of less than 8000 square feet, except that a dwelling may be erected or placed on any lot shown on the recorded plat.
A-6. Easements: Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat.
A-7. Nuisances: No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.
A-8. Temporary Structures: No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently.
A-9. Signs: No sign of any kind shall; be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent or signs used by a builder to advertise the property during the construction and sales period.
A-10. Livestock and Poultry. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided they are not kept, bred or maintained for any commercial purpose.
A-11. Garbage and Refuse Disposal: No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All incinerators or other equipment for the storage or disposal of such material shall be kept in a clean and sanitary condition.
A-12. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
A-13. Sight Distance at Intersections: No fence, wall, hedge or shrub planting
which obstructs sight lines at elevations between 2 and 6 feet above the roadways
shall be permitted to remain on any corner lot within the
triangular area formed by the street property lines and a line connecting them
at points 25 feet from the intersection of the street lines, or in the case
of a rounded property corner from the intersection of the street property lines
extended. The same sight-line limitations shall apply on any lot within 10 feet
from the intersection of a street property line with the edge of a driveway
or alley pavement. No tree shall be permitted to remain within sufficient height
to prevent obstruction of such sight lines.
A-14. Vehicles: No trailer and/or boat, and/or truck, other than a pickup truck, and/or inoperative automobile shall be kept or stored on any lot unless enclosed within a carport or garage, unless it is kept or stored on the rear 50 feet of the lot. No vehicle of any type shall be parked in or upon the public street within the subdivided area for the purpose of accomplishing repairs thereto, except for emergency repairs and then only to the extent necessary to enable movement of the vehicle.
A-15. Antennas. No antennas, towers, poles or any structure to be used for the purpose of receiving radio, television or related signals with the exception of equipment installed by a duly licensed cable television franchisee or its successors or assigns shall be installed, affixed mounted or constructed on the real property hereby conveyed, so as to be visible to the public view. Any variation from this covenant shall be subject to Architectural Control Committee review.
PART B. ARCHITECTURAL CONTROL COMMITTEE.
B-1: Membership: The Architectural Control Committee is composed of ARTHUR MORRIS
STEPHEN SCHOTT AND F. WAYNE VALLEY Said Architectural Control Committee is to
have full and exclusive power to exercise all those certain duties and privileges
set forth in Paragraph A-2 until such time as the subdivider has built and sold
all houses to be constructed on all lots within the subdivision. A majority
of the committee may designate a representative to act for it. In the event
of death or resignation of any member of the committee, the remaining members
shall have full authority to designate a successor. Neither the members of the
committee, nor its designated representative shall be entitled to any compensation
for services performed pursuant to this covenant. At any time, after all houses
have been built and sold, the then record owners of a majority of the lots shall
have the power through a duly recorded written instrument, to change the membership
of the committee or to withdraw from the committee or restore to it any of its
powers and duties.
B-2: Procedure The committee's approval or disapproval as required in these
covenants shall be in writing. In the event the committee or its designated
representative, fails to approve or disapprove within 30 days after plans and
specifications have been submitted to it, or in any event, if no suit to enjoin
the construction has been commenced, prior to the completion thereof, approval
will not be required and the related covenants shall be deemed to have been
fully complied with.
PART C GENERAL PROVISIONS
C l: Terms All of the restrictions, conditions, covenants and agreements shall
affect all the lots as herein above set forth and are made for the direct and
reciprocal benefit thereof, and in furtherance of a general plan for improvement
of said Tract, and the covenants shall attach to and run with the land. Said
restrictions, condition and covenants shall be binding on all parties and all
persons claiming under them for a period of 35 years from the date hereof, after
which time they shall be automatically extended for successive periods of ten
years, provided, however, that such restrictions, conditions, covenants and
agreements, or any of them, may be supplemented, changed or rescinded in any
or all particulars at any time after 35 years from the date hereof by the owners
of 51% of the number of lots comprising the area incorporated in this declaration,
exclusive of streets, evidenced by an instrument in writing executed by the
said owner in a manner provided by law for the conveyance of real property,
and duly recorded in the office of the Recorder aforesaid, and upon such recordation
shall be valid and binding upon the sellers and owners of the said lots in said
tract, and upon all other persons.
C-2: Enforcement If the parties hereto, or their successors shall violate or
attempt to violate any of the covenants herein during the period for which they
are in force, or during any of the extended periods for which they are in force,
it shall be lawful for any person owning any real property subject thereto,
to prosecute any proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenants, or either to prevent
him or them from so doing or to recover damages or other dues for such violations.
C-3: Subordination It is further provided that a breach of any of the conditions
contained herein or of any re-entry by reason of such breach, shall not defeat
or render invalid the lien of any mortgage or deed of trust
made in good faith and for value as to said premises or any part thereof, but
said conditions shall be binding upon and effective against any owner of said
premises whose title thereto is acquired by foreclosure, Trustee's Sale or otherwise.
C-4: Severability Invalidation of any one or more of these covenants, by judgment
or court order shall in not otherwise affect any of the other provisions which
shall remain in full force and effect IN WITNESS WHEREOF the undersigned has
executed this document the day and year first above written.
VALLEY TITLE COMPANY
a California corporation
By Pete Borello /s/
Its Adm. Vice President
The undersigned, as Trustee, hereby approves, joins in the execution of and
subordinates to the foregoing Declaration of Restrictions
VALLEY TITLE COMPANY
a corporation
Pete Borello /s/
