JBR Development Company for the purpose of establishing a general plan for the development and improvement of said lots, does hereby declare that all of said real property shall be held, occupied, sold and conveyed subject to the covenants, conditions, restrictions, reservations and easements hereinafter set forth, all of which shall run with the land, and shall be binding on all parties having or acquiring any right, title or interest in said real property, or any part thereof, as a servitude in favor of each and every parcel thereof as the dominant tenement for tenements as follows:
Lots described above shall be known and described as residential lots. No structure shall be erected, altered placed or permitted to remain on any residential building plot other than one single-family dwelling not to exceed two stories in height, and a private garage for not more than three cars and other out-buildings incidental to residential use of the plot.
No building shall be erected, placed or altered on any building plot described herein until the building plans, specifications and plot plan showing the location of such building have been approved in writing as to conformity of external design with existing structures in the tract, and as to location of the building and with respect to topography and finished ground elevations, by a committee of Jack Rosenberg, William Rosenberg and Marjorie Jacobs, 8383 Wilshire Blvd., Beverly Hills, California or by representatives designated by a majority of the members of said committee. In the event of death or resignation of any member of said committee, the remaining member or members shall have full authority to approve or disapprove such design and location within thirty (30) days after said plan and specifications have been submitted to it; or, in any event, if no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required, and this covenant shall be deemed to have been fully complied with. No member of such committee, nor its designated representative, shall he entitled to any compensation for such services performed pursuant to this covenant. The powers and duties of such committee, and of its duly designated representative, shall cease on and after August 1, 1980. Thereafter a written instrument shall be executed by the then record owners of a majority of the lots herein described and duly recorded appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said committee.
All buildings erected or constructed on any lot shall conform to the ordinances and statues thereto.
No building shall be located on any lot nearer to the front line or nearer to the side street lines than the minimum building setback lines shown on the recorded plot. In any event, no building shall be located on any lot nearer than 15 feet to the front lot line, or nearer than 10 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 locate 40 feet or more from the minimum setback line. No dwelling shall be located on any interior lot nearer than 15 feet to the rear lot line. For the purpose 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 any other lot.
No noxious or offensive trade or activity shall be carried on upon any lot described herein, nor shall anything be done thereon which may be or become an annoyance to the neighborhood.
No trailer, basement, tent, shack, garage, barn or other outbuilding erected on any lot described herein, shall at anytime be used as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. No trailer, camper, boat, truck or similar vehicle or equipment, shall be kept or maintained upon the lot or the streets bordering thereon, except only within an enclosed garage or within that portion of a lot which is not visible from any adjacent lot or from the street.
No residence shall be erected or permitted on any lot or building plot in said tract containing less than 1000 square feet of floor area. Such area shall be exclusive of attached garage and open entries, porches, patios or basements. The minimum required floor shall be deemed to include the total enclosed floor area of the residence, building measurements to be taken for this purpose from the outer facing of exterior walls.
No derrick or other structure designed for use in boring, mining, or quarrying for oil or natural gas, or precious minerals, shall be erected, maintained or permitted upon any lot in said tract.
No sign, billboard or other advertising device of any character shall be erected or maintained upon any part of said tract or on any lot therein; excepting, however, one sign for each lot (with dimensions of not more than 18 inches by 18 inches) advertising such lot for sale or rent and provided, further, that Declarant (or its successors or assigns) may deem necessary or proper in connection with the development, subdivision and sale of said tract, or the lots therein.
Easements for installation and maintenance of the utilities, sewer pipelines and facilities and drainage facilities over each said lots, and all pipelines and other-facilities located and to be located in said easements, are reserved as shown on the said recorded map. Within these easements no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities or which may change the direction in the flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements which a public authority or a utility company is responsible. In addition, all sewer pipelines and other sewer facilities located and to be located within public roads, streets and highways abutting each of said lots are reserved.
These covenants are to run with the land and shall be binding on all parties and persons claiming under them until December 31, 2001, at which time said covenants shall automatically be extended for successive periods of 10 years, unless by a vote of a majority of the then owners of the lots it is agreed to change said covenants in whole or in part.
If any person or persons shall violate or attempt to violate any of the covenants herein, it shall be lawful for any other person or persons owning any of the lots described herein to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants, and either to prevent him or them from so doing or to recover damage or other dues for such violations.
Invalidation of any one of those covenants by judgement of court or otherwise, shall in no wise effect any of the other provisions which shall remain in full force and effect.
That each grantee of a lot in said tract agrees for himself, his heirs, assigns, or successors in interest that he will permit free access by owners of adjacent or adjoining lots to slopes or drainage ways located on his property which affect said adjacent or adjoining lots, when such access is essential for the maintenance of permanent stabilization on said slopes, or maintenance of the drainage facilities for the protection and use of property other than the lot on which the slope or drainage way is located.
That each grantee of a lot in said tract agrees for himself and his assigns that he will not in any way interfere with the established drainage pattern over his lot from adjoining or other lots in said tract, or that he will make adequate provisions for proper drainage in the event it is necessary to change the established drainage over his lot. For the purposes hereof, "established" drainage is defined as the drainage which occurred at the time the overall grading of said tract, including the landscaping of each lot in said tract, was completed by the undersigned grantor.
Breach of any of said covenants and restrictions 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 lots or property, or any part thereof, but such provisions. restrictions, or covenants shall be binding and effective against any owner of said property whose title thereto is acquired by foreclosure, trustee's sale, or otherwise.
Owners of lots with planted slopes shall be responsible for the continued maintenance of the planted slope areas.