87-029 Spark Foundation, Inc., Declaration of Restrictions Affecting All of Tract No. 2860 •
516
. •� a� -
aQic _
iloP ; 0115 illi
00 � 1`Sc191
( �� •
t —` Recorded 1t the mount of v` , i ..2070831 11nLIcg Ellie (Compangt. 1 --.
a
1 ' •� DECLARATION OF RESTRICTIONS , "Ateroc 6 1561g�6 AM .. ,
AFFECTING ALL OF TRACT NO. 2860 PAUL R.TEILH, Recorder, •
p[{ �� I Santa Clan County,ORcht R! ' •
THIS 3ECIARATION made this 4th day of October , 1961, by ` `
I CUPERTINO PROPERTIES, LTD., a limited hereinafter designated — _.
"t _ . -
-_
. . - as "Declarant", ,
;?•‘",` y _ W I T N E S S ETH -�"' "
1. This Declaration affects the real property situate in the City of -
Cupertino, County of Santa Clara, State of California; described as follows:
All of "Tract No. 2860 Idlewild Greens Unit No. 2" which Map was filed .
INfor record in the office of the Recorder of the County of Santa Clara,
111111.1 State of California, on September 25, 1961 in Book 138 of Maps at pages -
22 end 23. --zMIS — '-
52. Said Declarant is the owner of the real property above described _
'ice . � and constitute the persons descrI owning the saine. Declarant,t thereof, desires to subjector to ying _._ _..
e said perty herein described, orany
pert
and charges hereinafter
,-
. said property to the conditions, ,
set forth- for the benefit of said property and of the present and sub-
. sequent owners thereof: . . •1_,---
3.
L 3. Declarant hereby .beclares the property herein described is heli:
and sem_ shall be conveyed subject to the following conditions, restrictions
and charges. (and as the same may be hereafter amended and modified), which � -.
are to runwith the land and shall be binding on all parties claiming
' - - under them until January 1; 1991, at which time said covenants shall be IS
automatically extended for successive periods of ten (10), years. Unless
IM
by vote of a majority of the then owners of the lots (as the term lot
Is defined as•one of the numbered lots on the tree_ map aforesaid) it is
• _ __ .. agreed to change said covenants in whole or in part, no change in these sa
IM restrictions and covenants shall be made or effected by Declarant.
RESTRICTIVE COVENANTS
g.,:, +
k. The term "residential building plot" as used in this declaration
shall be deemed to me^n and shall mean and refer town individual site _
' for a residence together with the grounds in connection therewith (whether . . -
. composed of one or more lots or portions or combinations thereof). No
• - structure shall be erected, altered, placed or permitted to remain on any .
residential building plot other than one detached single family dwelling ,
-
not to exceed two stories in height and a private garage and other out- - w a
•
/ building incident to residential use of the plot.
r y 5. Within the rear and side lines of all lots, a right -of way five
c . (j+ feetintwidth- in hereby provided for and is hereby reserved in all deeds -
';'b to be hereafter delivered. In the event that a residence constructed. in
39 such a position so that the present lot line is not the building plot -
- m;, -,/ line, said right of way shall be located five feet in w th within said �.'
building plot line. Said right of way shall be needier the benefit off
— :, owners d lots in said subdivision for the purpose of installing and -
maintaining sanitary and storm sewers, ges' and water pipe.lines std
� electric, power and telephone linea. - No structures are-to-be located
over said five foot strips-of land other than eaves, fireplaces,•steps, .
__ _•1 ...open porches, fences, walks, drivewaye,-and decorative appurtenances.. _ \_
6' -No building shall be located on any,lot nearer than. fifteen. 05) - _
P __ �feet.to'the front lot line or nearer than ten (•`).feet to-any aide street . -
---a----.
_ ▪ ,-line. --No" building-shall be located nearer than rive (5) feet to en s
��' �yp�vr;;interior.lot. line.: Por Fhe purposes"cf;this;eove^.ant; eaves,-..f ireplaces
"`5'. pteps;r,-openporches xfences, walksT drives,•and decorative appurtenances, _
1111111111111111111111
dr. a shall not.be conaidar•ed as a-part cf'a tldine p ceaird however, that Six
e .,shall shalt,not,.ben nthd tot ermit any portion of a buildingona
- -- ,.lot to encroach upo ..:- .. .,, ., .I;• s —
•
..rU.e. Af.,J!r •C�(eya4--elm, x — _
-
iassc". .�,:�r' i..a;S..S';,$Fs .PLL.. _.. E :.
EVIMEN
a
Mis —
• — f. ,
•
Still i Ma .
i ; .i lJ Jr/
1. , , ; -
aco1:).31h =Ant.1 I[
son 7. No residential structure shall be erected or placed on any d
residential building plot which plot has an area of less than• 7,500
square f,..__ ;.r an average lot width of less than 70 feet, provided however, - -
.r1:n that nothing contained in this paragraph shall prevent the sections of a
residendial structure on any lot as delineated on the map of said Trart
No. '2860 _
8. No trade, commercial, professional, or manufacturing enterprise _
or activity shall carried on or conducted uponAnynyyho rte shall
nui=_ante
-a aything be done thereon which may be or �.ay ya• -
.o the neighborhood. _
9. No trailer, basement, tent, shack, garage, barn, or other out- - .- .
building erected in the tract shall atl aanyny stime be
dof aas a rearyence,
temporarily or permanently,
character be used as a residence, and no trailers shall be parked on
any building plot in such position that any portion:-of the same is ell
, visible from the street or adjoining building plots.
aligl 10. Any portion of any lot, upon which lot a permanent structure has ,�
been erected and the title to which lot subsequently has been transferred
to an individual owner and which portion is not-covered by cement walks,
'tdrives; etc., or the structure thereon and which portion is visible from
ir. the street, shall be properly cultivated to grow and maintain lawn, shrubs, T _
or flowers, and all of said visible property shall be kept free from _' .
1 .- - _rubbish, litter and weeds, S _
w;.'•: 11. No dca fling shall be permitted on any lot at a cost of less that.
$13,000.00 based upon cost levels prevailing on the date these covenants _
are recorded, it heir the intention and purpose of the covenant to
assure that all dwellings shall be of a quality of workmanship and la
materials 'substantially the same or better than that which can be-produced Ij
lin -on the date these covenants are recorded at the miniiem cost stated herein i,l' : ` -
for the minimum permitted dwelling. size. The ground flow area of the main I
structure, exclusive of one-story open porches and garages,rsless than e00 ll be not
•less than 1200 square feet for a one-story dwelling, I , v
-M square feet for a dwelling of more than one story.
12. No fence, well, hedge, or garden ay-,.,n ternnccs of any type shall
be erected, placed, Cr maintained in the sat*Jack area between the dwelling
and the front property line of such residential building plot or between -
the dwelling and any side street property line of such residential building. - •--
plot unless the same do rat exceed twenty-four (24) inches in heightfor _ -
(measured from the ground on Which it stands) and the design and plan -
the came meet the approval of the Declarant Or committee hereafter provided, _________________
nor shall any fence, wall or hedge over six (6) feet in height (measured _ - —.—
from
-
• from the ground on which it stands) be erected, pplace maintainednor mrethaone .
.. •. aro other portion of the residential building plot,
: .• - sign, or any sign larger than eighteeneen (18)n portion fouther.(2k) inches, _- ,
• shall be erected, placed _
13. No animals, fowl, or birds may be kept or bred for eo®ercial
purpose'. Only conventionaland customary household pets shall be permitted . . _
/ and only in reasonable numbers and of such types eo as not to cause any �Ia
annoyance or nuisance in the neighborhood.
-- '" 14. No oil drilling, oil development operations, oil refining,...
or reining operatic`: of et kind shell be permitted upon or in
quarrying, ••s - -
?„_ \ any lot, nor shall oil wells, tanks, tunnels, mineral excavation,
..excavations or shafts be permitted upon or in any lot. No derrick, or • -
otherstructure designed for use in boring. for oil or natural gas shall j
- - _ be erected, meinte ined or permitted upon any Lot. - _
- 2 - _.t _ ...
e ,
al ��
_
. r'a_ -'�Swf.TC:IP t!.'ewra -�:..'._ y - - .. .
•
< • '
15. No lot shall be used or maintained as a dumping gro•nd for -
/: rubbish. Trash, garbage, or other waste shall not be kept except in _-_
N sanitary containers. All incinerators or other equipment for the storage.
- - or disposal of such material shall be kept in a clean and sanitary condition. n
..r.., -^ L6- No structure shall be moved onto any lot unless it meets with -
the approval of the Declarant or the committee hereinafter referred to, or
if them is then no committee, it shall conform to and be in harmony.with
111111.111- existing structures in the tract. •
•
GENERAL COVENANTS •
17. All of the covenants and restrictions set forth in this Declaration
are imposed upon all of-the lots for the benefit of all the lots and are
designed to constitute a uniform and common plan for'the:.nse and develop- -
ment of the tract in order these
r
racter
residential building plots of lots
large sizeandamay preserve y retain itheirrvvalue as
and orderly apperance. -
18. Said covenants and restrictions shall run with the Land and
• M
y( continue to be in full force and effect and shall be binding anup1, ponoDeclarant
y, and all persons claiming under 1 t until January 1,
-- ---- r
such further time as they may te :ended as provided in Paragraph 3 herein. -
•
• E^ 19. If the Declarant or their successors or assigns shall violate a• -
—k attempt to violate any of the covenants herein, it shall be lawful for -
-
: : any other person or persons owning any one or more residential building _-�. .
•- - � plot to pioezcute any ^rocee3lt4se at law -e or in equity against the person I
,q or .arsons violating or attempting to violate any such covenant and
.r- ..-...•!-.:-,----.- either to prevent himor them from so doing or to recover damages or ._-
- . - - „F . other dues for such violation. i __:
-4.___.t�
- -�;, 20. Each and every deed of conveyance and/or executory contract of
. sale to or for any residential building plot or lot by whomsoever and __ L.
--
= . whensoever executed shall be subject to each w J every one of the terra
and provisions of this Declaration and the grantee and/or purchaser there-
_ 'u•= under shall be bound by each and every one of the terms and provision? i
$f. of this declaration. _ '
__ _ 21. Invalidation of any one of these covenants by judgment or court _�
vimaMalmi�. order shall in no wise affect any of t:.a ether provisions which shall i
j 41. remain in full force or effect. -
-.- 22. No breach of arg. of the Above conditions shall defeat or affect -
the lien of any mortgage or deed of trust made-in good faith andfor
':_y� - - g- value upon any one or more lots or residential building plots or improve-
-
wants erected thereon, but said conditions shall be binding upon and y-
-- =SO shall b. part of the estate acquired by anyone acquiring title under or -. :_• _ _
throug' any such mortgage or deed of trust- .
'• .- 23. No building, fence, wall, retaining wall, or.other rty rr tructny ure
.� shall be placed, erected
alterationifined orr which, iton aid is nneecesso4'y to secure c. -
thereof, nor shall any blit authority be made -
--- --v. a permit from arty official or board or other pu
__ ._ .._ `,f the exterior hofe such structure, .unless and untilfi�xingttheplans
l tion '•
_ of specifications
thereof, And a plot plan showing
and e of such structure or such altered structure on the building site with
r reference to the street and aide lines thereof and grading plan, if _ - .
- - - - .requested,.shall bave been first submitted in al itiing £f rvaleoroval f -
._. .. .-AnnapProveu in �z�....a ei£ieatiol Committee Plot plan, e .
-�. - - c..,- ..,raferrtd to,"-and-copies of such playa, ape
t. •js finally-approved, have been deposited permanently with said Committee. --..
-_ .. -- ._
• - i
_ t:, ;
T ..
` r
_
-2 ;r.: •
- • - The approval. of said plans and specifications, plot plan, may be •-
„
withheld not only nditoof the non-compliance of any thereof. with any
of the specific conditions, covenants and restrictions contained in this
allit and clauses thereof, but also by reason of the reasonable dissatisfaction
I:IMMIfilIMMII of the Architectural Control Committee hereinafter referred to with the • -
_ — location of the c'— cture or the building site, finish design, proportions, .�
. - architecture style or appropriateness cC the proposed structure or altered
' -• ` - - structure or because of its reasonable dissatisfactiJn with any or all ,�
- —
other matters which, in the reasonable judgment of the Architectural
? - Control Committee hereinafter referred to, would render the proposed j
F
I- structure inharmonious with the general plan of improvement of said �_
property with the structures erected or to be erected on other building - _-
•• sites in the immediate vicinity of the building cite on which said structures
are proposed to be erected.
`1111.111.1. The Architectural Control Committee is composed of Oliver M. Rousseau, -13 ..
Dennis Jordan and George' P. Oakes. A majority of the committee may ' -
designate a representative to act for it. In the event of death or
oil 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 _ _
an compensation for services performed pursuant to this covenant. At IIIIIIIMIII _
any time aafter three years from the date hereof and upon establishment of
of an association by the majority of the owners of lots in said tract
in order to advance and conserve the value of said tract as a residential
area; and upon recordation of a written instrument changing the membership
- .e.` of said Architectural Control Committee, then and in such event, all of 'I'' —
— the powers herein•eeted in the said.Architectural Control Committee as ..
herein above provided, shall become vested in a committee of three property " __,.•_
'-'-.7. owners in said tract to appointed by said association.anu the powers
herein vested in the Architectural Control Committee shall thereupon - • _
cease and terminate. Said association shall have the further power to
•
— �'- withdraw from the committee or restore to it any of the powers or
-r duties thereof hereinabove mentioned and stated.
i
•� The committee's approval or disapproval as required in these covenants. -te - - •
_ -
shall be in writing. In the event the committee r 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 of_ any structure or alteration. of existing
structure has been commenced. within one year following the completion
thereof, approval will not be required ant this covenant will be deemed __;._ _—
_-- to have been fully complied with.
IN WITNESS WHEREOF, .mer end D cl9olnt nave executed this instrument ,;_ -
a this i ITN day of _L`�
,
ited
CUPERTINO PROPERTIES, LTD., aplimitedhip _ ._ _
_ • -'J t .. •
By -
• The undersigned, as Trustees, e•• approve, consenY;tg.`°nd join $t` : _ _ ,
-- _ - - - the execution of the foregoing Declaration of Reetrtd #ot�asa, .4_ oy,, ; _— - - .. . ..
- VALLEY TITLE COMPAR• .4- ..,4,- .1."St T
Mil— ---„a. . .... H4 Vice-President. -^ - �. .
r, ,_
•v�:• :.�tt! A?ERICAN t9 URITIES C AVY
m i IVbatf
at-7 . .-: :„. z
:i
• � T n
a . —. -- `
•
ME
_—T—
• .
•--. STA'yE OF r.ALll'OIM0. 't _ -
r -
r cr4 n ''
_-.-e Santa Clara •
`n
-.__...__.._Ce.ofYn;-_.__._._......____..._...._... ...._. �.1
Ow thv 4t_h._.._____dar n_/._Octoller noon __in:kr"au. .-draranE nine a..J,:daviSlSi y-nue __
Carol Au.. -.tewart
1nwn.Prb1 'rib'the -
,y. -Santa Clara
d .✓�..... Cor ty of - _ ____,Stet of California,
1 .n do :.earn n >a d
Olivet xf Rousseau.z.
_ i•nnis a gf-Van, 5n� �.cai` e r Oakes _
. : J •
- .._ :. son— . __
__ ,_ C 't;- kno n to car to be ane of the former:of rhe twt helot Owl Inward Ha rinds butrwmM, -
- and arkwlyd°rd m me that with tnmer:hip enn,:rd thr:amr. - ' --
•
---u• ' - - �%,n IN WITNESS IVNEREOE I hm•e bernauo set my band and oiired mY odafW led, _
Santa Clara
lag in the Cm tY ' _ Dr ,nal yra•it ifs, - -
certifrateirtabwra.in yl
-. Santa Cl Ora '-
Nolan Public in and for thy �,^S(maYtt(�.
Ah Glmm;,aon Ewvid State of California.
c..e< .re,m n..ta-fwuna.law=:-r.n,...elw .� ifs Ca�uw.Im�Em ' Jae 2i..75!6f.._ ..
. iiin
ree�e umo ver.+...__. _. .. .
STATE OF CALIFORNIASanta Clara . atztr- - ---
�1ot62`eT t. the 0 -t nal nine ArmLrd rm,:
•
- • On Chir...__ °1' ° a Sw A 1 ub!r t and Jor the County of , ,
t-. CHTOf Cla Stewart - f mono!! appeared -
before ar,
•Sant'e•-TClere Stair of California, duff commissioned and sun.n, personally
'-- Don RBQCOCk
-' ° • n to me res br P:e�ice-P'r'eeide6t ..._. _ s ...
of the corporation described in and that rxecund she within tonrmrvni,and oho known
-`f J' tr. me/o be the Amon who executed the WW2', ianumrat un beha/f of the coque-
----
1 fir. atoms therein named, and afro's ledged to me that such carp/Gaon executed the same
— - r_.A .. •. . noon .. no on.. J
5 - •t 1,N' WITNESS WHEREOF !hove Arettwa{e letieie and affixed mv_afficial
- a • Count. of --- _
. - L - r.: seat in the .- ..
i :c. the day and year in this certificate first abs'r w ' . -
•
•_ - • �` - - (� ,,f SantaClara •
Notary Public in and.for the r�tA' 'SIEWART
-a fore Cummwion Exv State of California.
v t/ M Commission Expires-_..tow-11,-1064— ---'
CORPORATOR o--,_,lED6atEHT
•
—' p
- - F▪ .STATEOFrAtORNIA
-
u.
7
- •
a • anty i/--- *.ILfa1Qr$-...._....... ,�IIRe -.
_ ..Oath° nth d'el-Daliker_-_._,-,_,_. to the year ane thousand nine hundred and_.Yi-.t C emfr of t --
< ] TCS Cefol_klara d�ai.L_-_--------• •Notary.Publw tat.andrrn:.for dthe..d note., MsoWfr unty od
�M°r°nh:j Sante Clara State of Cddo ia, ally norm ;;
n . . _ ` , IF -1?-1;-:-?ital..:
_�u_2r a..�IlRQY aad DQDn1A S GSAEQ.-_------- P r
-
' ' . #yh- . ore.:EzQalQenL..B3eQiaient3anute=Y— e_
_ • ``.,'�� beau.to car Ie M 14�L ed tie within iastmm�t,ad also know.
i .�'ti L's of tie corporation danihed is al that o the tenor- 1 _ . < .
I'-< -- - r`a\y pU ♦ aoa_6._who emoted Iia widow i.rtamnt o.behalf 1 --
I t It to we to k tie fon
mit.. s w:fr h ti P� .tion tiny' mall,ad .tk•owkdael to car that such corporation ranted lir sate
_-
-
. Tfe � F _..
r t01 rvt� IN WITNESS WHEREOF I ieee innate
sat-e ad:(fixed m/a/tetra! d $
Camay.f
�n a::irxq" tat in tk - par P
' �t •
1..s.,4�2pg`^ A. - tie lar oral year i.lib certificate f ns J.w wnt1� .,•„
r „... CAROL 1.:.7:457F.-•-••"o• f�14.0 i..tiLT
rri Notay.Public i°and for the c:„ r-• ; .sate ..,.: ._.
•
9
to of CaLfartna aka
era t fa: - _ fYy Commimb L _._
t._ r - �- -X. My Cammink° ExWn'--Aorn'rl - -.ea '-
-^'•tet ^f r+k ,err Sas.o .our > qvp ...gr.ae� • - • ice`:\YL'*.
lT £ 'fe,•"i'an-- -w.mMY% tvR 3:Yyss eew.lw.:s,+- ,t.2 —. 1_._.
I F- ni.i1 '"' i.i.r' '..r�C' -a naxrin!t r,tk r+w °.>
:12-a'1Y't4sLb�.a-S- .ssvYi..1! c t-t .w.tvSr1 -<e .