CC&R’s:TRACT 16210

The affirmation and signatures of the property owners legitimizing these Covenants, Conditions and Restrictions have been omitted, as they are inconsequential in conveying required actions for conformance.

DECLARATION OF RESTRICTIONS FOR TRACT 16210

Said reservations, restrictions, conditions and covenants are as follows:

1. That the Lots in said tract shall be used only for private residence purposes.

2. That only one private one-family residence together with customary outbuildings including a private garage (which may be incorporated in the main residence) shall be erected or maintained on any lot of said Tract. The term “customary outbuildings” shall include a building for servants’ quarters or for non-paying guests, without kitchens, to be used and occupied only by servants. and non-paying guests of the family.

3. That any residence building erected or maintained on any lot in said Tract shall contain not loss than one thousand two hundred (1200) square feet of floor area. For the purpose of computing this minimum required floor area, it shall be deemed to include the total area of the residence proper, measured fro the outer faces of exterior walls, excluding the area of basements cellars, open porches, open patios and garages, whether said garages are separate structures or are included in and made an integral part of the residence; provided however, that such residence building may be less than 1200 square feet in floor area if constructed in accordance with plans and specifications prepared for MUTUAL HOUSING ASSOCIATION, INC., a California Corporation, and adopted heretofore by said MUTUAL HOUSING ASSOCIATION, INC..

4. No building shall be located nearer than five (5) feet to any side street line. No building except a detached garage or other outbuilding, shall be located nearer than five (5) feet to any side lot line, excepting however, that with the specific consent of the architectural Committee, hereinafter mentioned, one sideline set-back may be reduced to not less than three (3) feet provided that the distance between garage and living quarters on the adjacent lot is not less than eight (8) feet and the distance between living quarters on the subject lot and the adjacent lot is not less than ten (10) feet. No residential structure shall be erected or placed on any building plot, which plot has an area of less than six thousand (6,000) square feet or a width of less than fifty (50) feet at the front of the building.

5. That all structures on said Tract shall be constructed entirely of new materials; no building or structure of any kind or any part thereof erected elsewhere shall be brought, moved, placed or erected anywhere on said Tract, excepting only temporary buildings which might be required during construction on said Tract.

6. No building shall be erected, placed or altered on any building plot in said Tract until the building plans, specifications and plot-plan showing the location of such building have been approved in writing as to conformity and harmony of external design with existing, and proposed structures in the Tract, and as to location of the building with respect to topography and finished ground elevation by an Architectural Committee consisting of GERALD B.TANNEN, CHARLES BAUER and Z. L. GULLEDGE, or by a representative designated by a majority of the members of said committee; nor shall any exterior change or modification, including changing of colors, be made after the completion of said building, or structure until such change or modification his been approved in writing by said committee or said representative of said committee. In the event of the 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, or to designate a representative with like authority. Vacancies on said committee shall be filled by the appointee of the remaining members of said committee, except that if said vacancies are not filled within thirty (30) days after such vacancies are created, then a majority of the lot owners in said Tract may designate and appoint individuals to fill said vacancies. In the event said committee, or its designated representative fails to approve or disapprove such design and location within thirty (30)days after said plan, specifications and plot plan 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 will be deemed to have been complied with. A reasonable fee may be charged to compensate the members of the committee or its designated representative for services performed pursuant to this Covenant.

7. The powers and duties of such committee, and of its designated representative, shall cease on and after January 1, 1976. Thereafter, the approval described in this Covenant shall not be required unless, prior to said date and effective thereon a written instrument shall be executed by the then record owners of a majority of the lots in this Tract and duly recorded appointing a representative or representatives, who shall thereafter, exercise the same powers previously exercised by said committee.

8. No animals shall be permitted to be kept or maintained on such lots, except those customarily considered to be household pets and then only in such quantities as shall not be considered an annoyance or nuisance to the neighborhood.,/li>

9. No noxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood.

10. No trailer, basement, tent, shack, garage, barn, or other outbuildings erected In the Tract shall at any time be used as a residence temporarily or permanently, nor shall any structure of a temporary character be used as a residence

11. No fence, hedge or wall on said Tract shall be built, placed, planted or maintained thereon without the prior written consent and approval of the Architectural Committee hereinbefore named, nor shall any trees or shrubs be maintained in excess of six (6) feet without the prior written consent and approval of said committee.

12. After the commencement of any building, outbuilding, private garage, structure or wall permitted hereby to be constructed,. The same shall be prosecuted to completion with reasonable diligence.

13. No owner or occupant an any Lot in said Tract shall In any way interfere with the natural drainage over his lot from adjoining or other lots in said Tract and such owner or occupant shall make adequate provision for proper drainage in the event that it is necessary to change the natural flow of water drainage over his lot.

14. A breach of any of the’ foregoing conditions by the owner or owners of any lot in said Tract shall cause said lot to revert to GERALD B. TANNEN and STEWART G. COLE or such other person or persons as may be designated by the majority of owners of lots in said Tract, in trust for the benefit of all owners of lots in said Tract except the owners breaching said condition; and said GERALD B.TANNEN and STEWART G. COLE or Successor trustees shall have the right of immediate re-entry upon said lot in the event of any such breach; provided however, that a breach of any of the foregoing covenants or conditions, or 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 property or any part thereof, but should any such mortgage or deed of trust be foreclosed, then the title acquired by such foreclosure and the person or persons who thereupon and thereafter become the owner or owners of said Lot or parcel shall be subject to and be bound by all of the conditions and restrictions set forth herein.

15 The foregoing conditions and restrictions shall operate as covenants running with the land, and the breach of any such covenant or condition or the continuance of any such breach may be enjoined, abated or remedied by any owner or owners in said Tract