Claraboya Home Owners Association

Amendments

• First Amendment to CC&Rs, Dated April 14, 1989 [PDF]

Original

COMPLETE CODES, COVENANTS AND RESTRICTIONS OF CLARABOYA

ARTICLES OF INCORPORATION OF CLARABOYA HOMEOWNERS’ ASSOCIATION

I

The name of this corporation shall be CLARABOYA HOMEOWNERS’ ASSOCIATION.

II

The purposes for which this corporation is formed are:

(a) The specific and primary purposes are to preserve and improve the real property known as “CLARABOYA” located in the City of Claremont, County of Los Angeles, State of California; to stimulate interest in such preservation and improvement, and to provide for enforcement of the Declaration of Restrictions placed thereon by CLARABOYA DEVELOPMENT CO., on behalf of the owners of lots therein in a manner benefiting the mutual interests of such owners

(b) The general purposes and powers are to have and exercise all rights and powers conferred on nonprofit corporations under the laws of California including the powers to contract, rent, buy or sell personal or real property; provided, however, that this corporation shall not, except to an insubstantial degree, engage in any activities or exercise any power that are not in furtherance of the primary purposes of this corporation.

III

This corporation is organized pursuant to the General Nonprofit Corporation Law of the State of California.

IV

The county in this state where the principal office for the transaction of business of the corporation is located is Los Angeles County.  The names and addresses of the persons who are to act in the capacity of Directors until the selection of their successors are:

NAME: ADDRESS

GLENN A. CRAWFORD 2530 North Mountain Avenue

Claremont, California 91711

JOHN D. BORIS 2503 San Andrea Way

Claremont, California 91711

JOHN P. FRAMPTON 785 Valparaiso

Claremont California 91711

RON J.MAYUIERS 2653 North Mountain Avenue

Claremont, California 91711

JOHN C. WEBBER 2637 North Mountain Avenue

Claremont, California 91711

VI

The authorized number and qualifications of ors of the corporation, the different classes of membership, if any, the property, voting and other rights and privileges of members, and their liability to dues and assessments and the method of collection thereof, shall be set forth in the By-Laws.

VII

This corporation is one which does not contemplate pecuniary gain or profit to the members thereof and it is organized solely for nonprofit purposes. Upon the winding up and dissolution of this corporation, after paying or adequately providing for the debts and obligations of the corporation, the remaining assets shall be distributed to a nonprofit fund, foundation or corporation, which is organized and operated exclusively for charitable religious and/or scientific purposes and which has established its tax-exempt status under Section 501(c) (3) of the Internal Revenue Code. If this corporation holds any assets on trust, such assets shall be disposed of in such manner as may be directed by decree of the Superior Court of the county in which this corporation’s principal office is then located, upon petition therefor by the Attorney General or by any person concerned in the liquidation.

IN WITNESS WHEREOF the undersigned, being the persons named in the foregoing instrument as the first directors have executed these Articles of Incorporation this 4th day of December, 1968.

/s/ Glenn A. Crawford, Chairman

/s/ John D. Borie,. Secretary

/s/ John P. Frampton

/s/ Ron J. Mayuiers

/s/ John C. Weeber

STATE OF CALIFORNIA )

ss.

COUNTY OF LOS ANGELES )

On December 18 1968, before me, the undersigned, a Notary Public in and for said State. personally appeared Glenn A. Crawford, John D. Borie, John P. Frampton, Ron J. Mayuiers, and John C. Weeber, known to me to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same.

WITNESS my hand and official seal.

/s/ John B. Goodrich Notary Public

CERTIFICATE OF AMENDMENT OF ARTICLES OF INCORPORATIONOF CLARABOYA HOMEONWERS’ ASSOCIATION

The undersigned hereby certify:

1. That they constitute all of the incorporators of Claraboya Homeowners’ Association, a California corporation.

2. That they hereby adopt the following amendment to the Articles of Incorporation of said corporation:

ARTICLE II(a) which now reads:

“The specific and primary purposes are to preserve and improve the real property known as “CLARABOYA” located in the City of Claremont, County of Los Angeles, State of California; to stimulate interest in such preservation and improvement, and to provide for enforcement of the Declaration of Restrictions placed thereon by CLARABOYA DEVELOPMENT CO., on behalf of -,”-he owners of lots therein in a manner benefiting the mutual interests of such owners;”

Is hereby amended to read as follows:

“The specific and primary purposes are to preserve and improve the real property known as “CLARABOYA” located in the City of Claremont, County of Los Angeles; State of California; to stimulate interest in such preservation and improvement, and to provide for enforcement of the Declaration of Restrictions placed thereon by CLARABOYA DEVELOPMENT CO.., CLARABOYA LAND COMPANY, and CLARABOYA HILLSIDE DEVELOPMENT CO., on behalf of the owners of lots therein in a manner benefiting the mutual interests of such owners:”

3. That said corporation has admitted no members other than the incorporators. Each of the undersigned declares under penalty of perjury that the matters set forth in the forgoing Certificate are true and correct. Executed at Claremont, California, on January 13, 1969.

/s/ Glenn A. Crawford, Chairman

/s/ John D. Borie„ Secretary

/s/ John P. Frampton

/s/ Ron J. Mayuiers

/s/ John C. Weeber

BY-LAWS OF

CLARABOYA HOMEOWNERS’ ASSOCIATION

ARTICLE I  – MEMBERS

SECTION 1. CLASSES OF MEMBERS.

This Association shall have one class of members. Any person or any corporation who is the owner of record of a lot, as hereinafter defined in SECTION 7, in that real property described in Exhibit “A”, attached and by this reference made a part hereof, hereafter referred to as “Claraboya”_ shall automatically become a member of this Association. Provided, however, that no person or corporation shall have more than one membership in the Association.

SECTION 2. VOTING RIGHTS.

Each member shall be entitled to a number of votes equal to the number of lots owned of record in the area defined in SECTION 1, provided, that where by reason of joint interest, or otherwise, two or more members are owners of record of a single-lot, such members shall be jointly entitled to exercise the vote with respect to such lot. Each member may cumulate his votes for election or removal of directors.

SECTION 3. PROPERTY RIGHTS.

Membership in the Association shall not entitle a member to any individual interest, participation, share or property right in the assets of the Association. All properly owned by the Association and such funds as are accumulated, if any, shall be the properly of the Association as a whole and shall be used only for Association purposes.

SECTION 4. TRANSFER OF MEMBERSHIP.

Members in this Association may not transfer or assign their memberships. When a member sells or otherwise transfers the lot of which he is the owner of record, such transferor’s membership shall cease unless continued by reason of his ownership of one or more other lots in Claraboya. Provided, however, that such person shall continue to be liable for dues and assessments levied by the Board of Directors and attributable to the lot so transferred prior to the time of transfer. For purposes of this section the time of transfer shall be the date of recording of a deed conveying the properly in question, or in the case of a contract of sale, the date of execution and delivery of such contract by the Seller to Buyer.

SECTION 5. DEATH OF A MEMBER.

Upon the death of a member of the Association, the voting and other rights of the deceased member’s membership may be exercised by his Executor, Administrator, or other legal representative, and any dues or assessments levied upon the membership of a deceased member shall be a valid claim against his estate.

SECTION 6. OWNER OF RECORD.

Each person or persons in whose name or names title to a lot in Claraboya appears by recorded deed shall be an owner of record of such lot for purposes of these By-Laws. In the case of the existence of an uncancelled contract of sale, the Buyer thereunder shall be deemed to be the owner of record; provided, however, that the selling member shall have the duty to notify the Association of the existence of -such contract, and the Buyer’s name thereunder.

SECTION 7. ANNUAL MEETING OF MEMBERS.

The annual meeting of members shall be held on the first Tuesday in March, at the hour of 7:30 p.m., of each year commencing with the year 1968. Ten days’ written notice of the annual meeting shall be given by the Secretary to all members; which notice shall designate a reasonable place for said meeting.

SECTION 8. SPECIAL MEETING OF MEMBERS.

Special meeting of the members may be called by the President of the Board of Directors or upon written request signed by twenty members. At least seven days and not more than sixty days written notice of the special meeting shall be given by the Secretary to all members. The notice shall specify in general terms the matters to-be considered at the meeting.

SECTION 9. ATTENDANCE AND QUORUM.

A quorum shall exist when one-third (1/3) of the total members are present in person or by proxy. If a quorum does not exist, a new meeting shall be called not less than 48 hours or more than 30 days later.

ARTICLE II – BOARD OF DIRECTORS

SECTION 1. GENERAL.

The management of the Association shall be vested in a Board of Directors consisting of five members in good standing who are also residents of Claraboya, to be elected as hereinafter provided, subject to these By-Laws and to the laws of the State of California.

SECTION 2. QUORUM.

A majority of the authorized number of directors shall constitute a quorum. Unless otherwise specified in these By-Laws, a majority vote of the directors present at any meeting at which a quorum of the directors is present shall be sufficient for the taking of any action by the Board of Directors.

SECTION 3. ELECTION AND TERM OF OFFICE.

The directors shall be elected at each annual meeting of members, but if any such annual meeting is not held or the directors are not elected thereat, the directors may be elected at any special meeting of members held for that purpose. All directors shall hold office until their respective successors are elected. The incorporators shall serve as the first directors until their successors are elected.

SECTION 4. VACANCIES.

Vacancies on the Board of Directors shall be filled by the directors in office, and the director appointed to fill such vacancy shall hold office during the balance of the term for which the director whose office he is appointed to fill was elected, and until his successor is elected.

SECTION 5. POWERS OF THE BOARD.

Without prejudice to the general powers conferred upon it by the Articles of Incorporation of this Association, and by the General Non-Profit Corporation Law of the State of California, the Board of Directors shall have the power and authority:

a. To make rules and regulations to implement the purposes of the Association. Said rules and regulations shall be a part of these By-Laws by reference. They may be amended from time to time as occasion arises, in the same manner in which the By-Laws may be amended.

b. To borrow money and incur indebtedness for the purposes of the Association, and to cause to be executed and delivered therefor, in the name of the Association, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations or other evidence of debts and securities therefor.

c. To, among other things, have the power to contract and pay premiums for liability and other insurance, including indemnity and other bonds; to contract and pay for maintenance, gardening, utilities, materials, supplies and services relating to the common property and/or other facility_ , to employ personnel reasonably necessary for the operation of Claraboya, including lawyers and accountants where appropriate; to Day taxes and special assessments which are or would become a lien on the common area, if any; and to pay for reconstruction of any portion or portions of Claraboya owned by the Association which are damaged or destroyed.

d. To levy dues and assessments upon the members as provided in Article IV, Section 1.

SECTION 6. FEES AND COMPENSATION OF DIRECTORS.

Directors shall serve without compensation. Nothing herein contained shall be construed to preclude any directors from serving the Association in any other capacity as an officer, agent, employee or otherwise, and receiving compensation therefor.

SECTION 7. SPECIAL MEETING OF BOARD OF DIRECTORS.

Meetings of the Board may be called by the President or any three Directors or fixed by resolution of the Board of Directors from time to time. Ten days’ written notice shall be given each member of the Board by the Secretary.

SECTION 8. ACTION TAKEN BY UNANIMOUS CONSENT.

Any action required or permitted to be taken by the Board of Directors under any provision of this division may be taken without a meeting, if all members of the Board shall individually or collectively consent in writing to such action. Such written consent shall be filed with the Minutes of the proceedings of the Board, and shall have the same force and effect as an unanimous vote of the Directors taken at a meeting regularly called and noticed. Any action so taken shall recite on the face thereof that it was taken by the unanimous written consent of the Board of Directors without a meeting, and that the By-Laws so provide.

ARTICLE III – OFFICERS

SECTION 1. ELECTION.

At the first meeting after their election, the Board of Directors shall organize by election of a President, a Vice President, Treasurer, each of whom shall be a Director, and Secretary, who need not be a Director.

SECTION 2. PRESIDENT.

It shall be the duty of the President to preside at all meetings of the Directors and the Association to call such meetings as are herein provided to be called by him; to see that the By-Laws and such rules and regulations as may be adopted by the Board of Directors be enforced: to supervise generally the affairs of the Association, and at the annual meeting to make a report of the accounts and general business of the Association during the previous year.

The President shall sign, jointly with the Secretary, all contracts and other instruments in writing which may have been first approved by the Board of Directors and requiring his signature.

SECTION 3. VICE PRESIDENT.

In the absence of the President, the Vice President shall perform all the duties of the President.

If both the President and First vice President are absent, the Secretary shall call the meeting to order and a temporary chairman shall be chosen by ballot by the members present.

SECTION 4. SECRETARY.

The Secretary shall keep a record of all of the proceedings of the Directors and of the meetings of the Association; shall keep copies of all business records and correspondence of the Association; and shall conduct the official duties of the Treasurer in his absence.

ARTICLE IV -ANNUAL DUES

SECTION 1. DUES AND ASSESSMENTS OF MEMBERS.

Subject to the limitation of SECTION 2 of this Article IV, members shall be liable for the payment of such dues and assessments as may be fixed from time to time by the Board of Directors in order to carry out the purposes for which this Association was organized. Provided, however, that dues and assessments shall be levied upon the general membership in the manner hereinafter provided only for the enforcement of regulations, covenants and restrictions, regarding the lots contained in Claraboya, and for the management, acquisition, care maintenance, and repair of common facilities; and uniform dues and assessments shall be imposed per lot.

SECTION 2. MAXIMUM DUES PER LOT.

The maximum dues to be charged by the Association shall be no greater than $50.00 per lot per annum. Payment of dues to the Association shall be in lieu of payment of the assessment provided in the Declaration of Restrictions, and shall entitle the member to credit therefor.

SECTION 3. PAYMENT OF DUES.

Dues or assessments levied pursuant to ARTICLE IV, SECTION 1 shall be due and payable upon date of levy by the Board of Directors and shall become delinquent 30 days after written notice of such levy.

SECTION 4. ENFORCEMENT OF DUES.

When any member shall be in default in payment of dues for a period of thirty (30) days; the Association may collect such delinquent dues or assessments by appropriate action.

Any labor rendered or materials and supplies used or consumed or equipment, appliances or power furnished for the maintenance, improvement, and development of the common property of this Association, or for the general welfare of the members of the Association, or in performing or causing to he performed any of the duties and powers of this Association shall be deemed to have been rendered, furnished and supplied by the Association for the benefit and advantage of each lot in Claraboya, and at the special instance and request of the owner or owners or buyers of such lots, and the Association shall have a lien upon each of such lots, against which the charges or assessments established by the Board of Directors under these By-Laws shall have become delinquent as fully as though said labor had been bestowed on and materials, supplies, equipment, or power furnished directly to said lot or lots; provided, that any action to enforce such lien may be commenced in a proper- court within 90 days after claim of lien has been recorded or the Association may take any other action available in law or equity and the Association shall be entitled to all costs and expenses of making such collection. The right to lien hereinbefore conferred upon the Association shall not defeat or render invalid the lien of any mortgage or trust deed made in good faith and for value and recorded prior to the recordation by the Association of such lien.

SECTION 5. ENFORCEMIENT OF RESTRICTIONS.

a. Association May Enforce. Violation of any rule of regulation of the Association, any and all covenants as provided in the Declaration of Restrictions, executed September 25, 1962, and recorded in Book M1113, Page 912 on September 27, 1962; executed October 19, 1963, and recorded in Book M1371, Page 877 on October 21, 1963; executed December 14, 1964, and recorded in Book k M1708, Page 364, on December 18, 1964, Official Records in the Office of the County Recorder of Los Angeles County, California, or provision herein contained, shall give the Association right to enter upon the property upon or as to which said violation exists, and to summarily abate and remove, at the expense of the owner thereof, any person, erection, thing or condition that may be or exists thereon contrary to the intent and meaning of the provisions above referred to; and the Association shall not thereby be guilty of any manner of trespass for such entry, abatement or removal.

b. Violation a Nuisance. The result of every act or omission whereby any covenant, rule or regulation herein contained or referred to is violated in whole or part, is hereby declared to be a nuisance, and every remedy allowed by law or equity against a nuisance, either public or private, shall be applicable against every such result, and may be exercised by the Association. Such remedies shall be cumulative.

c. Individuals May Also Enforce Restrictions. The provisions herein contained or referred to shall bind and inure to the benefit of and be enforceable by the Association, or by the owner or owners of any portion of said property, their and each of their legal representatives, their successors and assigns and failure by the Association or by any other property owner or their legal representatives to enforce any such provisions shall in no event be deemed a waiver of the right to do so thereafter.

d. Damages Not Adequate Remedy. Damages are declared not to be adequate compensation for any breach of any of the provisions as before referred to, the Association contemplating the enforcement of such provisions as part of the general plan of improvement, and not damages for the breach of such provisions.

SECTION 6. TWO OR MORE MEMBERS OWING INTEREST IN SINGLE LOT.

In cases where two or more members are recorded owners of a single lot, they shall be jointly and severally liable for the amount of dues levied pursuant to SECTION 1 with respect to such lot.

SECTION 7. FISCAL YEAR.

The Fiscal year of this Association shall be the same as the calendar year.

ARTICLE V – MISCELLANEOUS

SECTION 1. RECORD DATE AND CLOSING THE MEMBERSHIP BOOKS.

The Board of Directors may fix a time in the future as a record date for the determination of the members entitled to notice of and to vote at any meeting of members or entitled to exercise any rights. The record date so fixed shall not be more than thirty (30) days prior to the date of the meeting or event for the purposes of which it is fixed. When a record date is so fixed, only members of record of that date are entitled to notice of and to vote at the meeting.

SECTION 2. INSPECTION OF ASSOCIATION RECORDS.

A copy of the By-Laws, the rules and regulations promulgated under Article II, Section 5 (a), the membership book or duplicate membership book, the books of account, and minutes of proceedings of the members and the Board of Directors and of any executive Committees of directors shall be open to inspection upon any written demand of any member at any reasonable time, and may be made in person or by an agent or attorney, and shall include the right to make extracts. Demand for inspection shall be made upon the President, Secretary or Treasurer of the Association.

SECTION 3. CHECKS, DRAFTS, ETC.

All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Association, shall be signed or endorsed by such person or persons and in such manner, as from time to time, shall be determined by resolution of the Board of Directors.

SECTION 4. ANNUAL REPORT.

The Board of Directors of the Association shall cause an annual independent examination or audit of the account or accounts of the management body to be made and a copy of such report to be available to each lot owner within 30 days of completion.

SECTION 5. CONTRACT, ETC., HOW EXECUTED.

The Board of Directors, except as in the By-Laws otherwise provided, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Association, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors no officer, agent or employee shall have any power or authority to bind the Association by any contract or engagement or to pledge its credit to render it liable for any purpose or to any amount.

ARTICLE VI – AMENDMENTS

SECTION 1. POWER OF MEMBERS.

New By-Laws may be adopted or these By-Laws may be amended or repealed by the vote of members entitled to exercise a majority of the voting power of the Association or by the written assent of such members, except as otherwise provided by law or by the Articles of Incorporation.

SECTION 2. POWER OF DIRECTORS.

By-Laws, other than those contained in Articles II and IV, may be amended or repealed by the unanimous vote of the Board of Directors- Any By-Laws not in conflict with any of those By-Laws contained in Articles II and IV may be adopted by the unanimous vote of the Board of Directors.

ARTICLE VII

SECTION 1. DISTRIBUTION OF ASSETS UPON DISSOLUTION.

Upon the dissolution of this corporation, the Board of Directors shall, after paying or making provision for the payment of all liabilities, dispose of all the assets of the corporation to such organization or organizations organized and operated exclusively for charitable, educational, religious, and scientific purposes as shall at the time qualify as an exempt organization or organizations under Section 501 (c)(3) of the Internal Revenue Code of 1954 (or the corresponding provision of any future United States Internal Revenue Law) as the Board of Directors shall determine. Any of such assets not so disposed of shall be disposed of by the Superior Court of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations as said Court shall determine, which are organized and operated exclusively for such purposes.

DECLARATION OF RESTRICTIONS

DECLARATION made this 24th day of March, 1969 by CLARABOYA HILLSIDE DEVELOPMENT CO., A California corporation.

WITNESSETH

Declarant is the owner of the real property referred to in Article I hereof (“said property” herein) and,

WHEREAS, Declarant has established a general plan for the development of said property and the lots therein, and desires to secure the harmonious and uniform improvement of said property and said lots in accordance with said plan;

NOW. THEREFORE, Declarant hereby declares that said property, and each and every lot or parcel therein, is and shall be owned, occupied and conveyed subject to the following covenants and restrictions, as a part of and pursuant to a common plan for the development of said property. Said covenants and restrictions shall run with the land and shall bind and be a charge upon all of said property and each several lot or parcel therein, for the benefit of each such lot or parcel and for the mutual benefit of all such lots and parcels; and shall bind and inure to the benefit of Declarant and the owner or owners of any lot or parcel of said property, and their heirs, successors, administrators and assigns.

ARTICLE I.

PROPERTY SUBJECT TO THIS DECLARATION

1.01 The real Property subject hereto is situated in Los Angeles County, California, and is more particularly described in Schedule A which is attached hereto and made a part hereof by this reference

ARTICLE II.

DEFINITION OF TERMS

2.01 Wherever used in this Declaration, the following terms shall have the following meanings:

“The Committee” means the Architectural Committee as described in Section 5.01 hereof.

“Declarant” means Claraboya Hillside Development Co., Its successors or assigns.

“Said property” means all of the real property subject hereto, described in Schedule A.

“Restrictions” means the covenants and restrictions contained herein.

“Lot” means one of the parcels within the property designed in Schedule A.

“Structure” means any thing or device (other than trees or shrubbery not planted in a hedge) whose placement upon any lot might affect the architectural appearance of such lot, including by way of illustration and not limitation, any building, garage, porch, shed, greenhouse or lath house, coop or cage, covered patio, swimming pool, fence, wall or hedge more than three feet In height, signboard, or any temporary or permanent living quarters, including any house trailer. ‘Structure’ shall also mean any excavation or fill whose volume exceeds five cubic yards; or any excavation, fill, ditch, diversion dam, or other thing or device which affect 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 artificial stream, wash or drainage channel upon or across any lot.

“Owner” means (as applied to the owner of any lot) any person having any estate therein.

“Person” means artificial persons as well as natural persons, and includes the plural.

“Street” means any street, highway or other thoroughfare located on the property designated in Schedule A, whether designated thereon as street, boulevard, place, drive, road, terrace, way, lane, circle or otherwise.

“Setback area’ means that portion of a lot upon which no structure can be built pursuant to the ordinances of the City of Claremont which are in effect as of the date on which the structure is erected on the lot.

“Underground television stem” means the main underground trunk line for the amplification of television images, which has been or will be installed on said property and/or on the property described in Schedule B which is attached hereto and by this reference made a part hereof.

ARTICLE III.

DURATION AND MODIFICATION OF RESTRICTIONS

3.01 These restrictions shall remain in full force and effect until January 1, 1985, and thereafter shall, as then in force, be continued automatically and without further notice without limitation unless and until terminated by the recording in the Office of the County Recorder of Los Angeles County of a written agreement of termination executed by the then record owners (not including encumbrances) of a majority of the lots subject thereto.

3.02 These restrictions may be modified at any time and in any particular by the recording In the Office of the County Recorder of Los Angeles Count’ of an agreement of modification executed by the then record owners (not including encumbrances) of a majority of the lots subject thereto, and as so modified shall continue in force as above provided.

ARTICLE IV.

USE OF PROPERTY

4.01 No lot shall be used for other than residential purposes; nor shall any lot be used for residential purposes by-more than one family at any one time, provided, however, that the housing of guests or domestic servants upon a lot in conjunction with the use thereof by a single family shall not be deemed a violation of this provision.

4.02 No livestock, poultry nor other animals other than domestic dogs and cats shall be kept on any lot and no stable, hutch, barn or coop shall be placed or maintained upon any lot. Domestic dogs and cats shall not be bred or raised for commercial purposes on any lot.

4.03 No lot shall be used for the purpose of boring mining, quarrying, exploring for, or removing water, oil, or other hydrocarbons, minerals, gravel or earth. No machinery shall be placed, operated or maintained upon any lot except such machinery as is usual and customary in connection with the maintenance of a private residence. The provisions of this Section 4.03 shall not apply to the drilling or operation of water wells, with the written approval of Declarant, by a mutual water company serving a majority of the lots.

4.04 No lot shall be used for the conduct of any business or commercial activity of any kind or nature whatsoever. No noxious or offensive trade or activity shall be carried on upon any lot nor shall any act be done or condition maintained thereon which may be or become an annoyance or nuisance to the neighborhood. Provided, however, that nothing in this Section 4.04 or elsewhere in this Declaration, shall be construed to prevent either the erection, placement or maintenance by Declarant, its successors or its duly authorized agents, of signs and other advertising devices or f offices or buildings :In connection with the conduct of any tract business of Declarant and/or the development and sale of any part of said tract or any part of any tract owned by Declarant, on the erection; placement or maintenance of signs or any other advertising devices by any other person who has received the written approval of Declarant.

4.05 No sign or other advertising device of any nature whatsoever shall be placed or maintained upon any lot or upon any other portion of said property, except by Declarant or some other person who has received the written approval of Declarant pursuant to Section 4.04 above.

4.06 No lumber, metals, bulk materials refuse or trash shall be kept, stored, or allowed to accumulate on any lot, except that lumber and other building materials may be kept thereon during the course of construction of an approved structure for immediate use in such work of construction.

4.07 No temporary building, trailer, garage, building in the course of construction or other structure (other than a completed building or buildings whose design and construction has been approved by Declarant in the manner hereafter provided) shall be used, temporarily or permanently, as a residence on any lot.

4.08 No cesspool, septic tank or other sewage disposal system or device shall be installed, maintained or used upon any lot without the approval of both Declarant and the Health Department of the governmental body having jurisdiction over the real property described in Schedule A.

4.09 No water pipe, gas pipe, sewer pipe nor drainage pipe shall be installed or maintained on any lot above the surface of the ground, or otherwise than buried at least six inches beneath the ground surface, except hoses and movable pipes used for Irrigation purposes.

4.10 All service yards or service areas and clothes line areas on any lot shall be enclosed or fenced in such manner that such yards or areas will be obstructed from the view of any adjacent lot or street, unless Declarant has specifically waived this requirement in writing. Garage entrances facing on street will be closed when not in use.

4.11 No boat, trailer, truck or any other vehicle similar or related in use shall be stored or parked on any lot unless the same shall be kept in an enclosed area which is out of sight of any adjacent lot or street.

4.12 The Declarant shall have easement rights over all lots to the extent necessary to maintain paved terraces, storm drain structures, irrigation systems for any slopes on said property and the underground television system.

4.13 No outside television or radio pole or antenna shall be constructed, erected or maintained on any structure or lot or shall be connected to any such structure or lot in such manner as to be visible from any adjacent lot or street.

4.14 Unless specifically approved by Declarant in writing, no building or appurtenances, including steps, fences or poles, shall be erected, placed, permitted or maintained on the slopes of any terraced lot.

ARTICLE V.

ARCHITECTURAL COMMITTEE

5.01 The Architectural Committee shall initially consist of three members: Robert L. Musgrove, Gail J. Frampton and Fred W. McDowell, Jr., A.LA. The approval of this Committee shall be sufficient to decide any questions. Should any of the members for any reason become unable to act due to death, resignation or incapacity, their successors shall be appointed by agreement of the remaining members. The powers and duties of such Committee shall continue for the duration of these Restrictions.

5.02 At any time hereinafter the Declarant may assign and transfer all of the rights and powers concerning architectural control from the Committee to another architectural committee which may hereafter be organized, and which shall assume the duties of the Committee hereunder pertaining to the particular rights and powers and reservations assigned; upon any such committee evidencing its consent in writing to accept such an assignment, it shall have the same rights and powers and be subject to the same obligations and duties as the Committee hereunder.

ARTICLE VI.

DESIGN AND CONSTRUCTION OF BUILDINGS AND IMPROVEMENTS

6.01 No structure may be erected or maintained on any lot except one single family dwelling house designed for occupancy by not more than one family, together with the customary accessory garage appurtenant thereto and such other structures as may be appropriate to the improvement and landscaping of said lot for the purpose of its occupation as a residence by a single family. Carports shall not be allowed unless they are made a part of the house plan and then only by specific approval in writing by the Committee. No such house or out-building shall exceed fourteen feet in height from the finished grade of the lot as indicated by the Master Grading Plan on file at Declarant’s office, without the express approval of the Committee given as provided in Section 6.03 of this Article VI.

6.02 No such dwelling house shall be erected or maintained upon any lot if such dwelling house has an interior living floor area (exclusive of accessory buildings, basements, garages, and covered and uncovered porches or patios) less than one thousand six hundred and fifty (1,650) square feet unless otherwise approved by the Committee.

6.03 No structure shall be erected, placed, moved onto, or permitted to remain upon any lot, nor shall any existing structure upon any lot be altered in any way which materially changes the exterior appearance thereof, unless complete plans thereof, including the exterior color scheme and a plot plan of the location thereof with reference to Said lot and with reference to structures upon adjoining lots, a grading plan and landscaping plan for said lot, shall have been submitted to and approved in writing by the Committee. Approval of said plants and specifications may be withheld because of failure to comply with any of these restrictions, or because said plans fail to include such information as may be reasonably requested by the Committee, or because of objection to the design and appearance of the proposed structure, or its failure to conform with existing Structures upon other lots, or because the location, grading plan, landscape plan, color scheme, finish, design, proportions, Style Of Architecture, height, or appropriateness of the proposed structure is disapproved, or because of any other matter which, in the judgment of the Committee, would render the proposed structure inharmonious with the general plan of improvement of said property or with other structures located on lots in the vicinity of the lot on which said building or structure is proposed to be placed or maintained. The Committee will approve or disapprove said plans within thirty (30) days after their submission. Upon approval by the Committee of plans for construction or alteration of any structure, a copy of such plans as so approved shall be deposited for permanent record with the Committee, and a copy of such plane bearing the written approval of the Committee shall be returned to the owner of the lot upon which such structure is or will be placed.

6.04 The Committee may promulgate rules governing the form and content of plans to be submitted for Its approval, and may issue statements of its policy with respect to approval or disapproval of architectural styles or details, or other matters, which may be presented to it for approval. Such rules and such statements of policy may be amended or revoked by the Committee at any time, and no inclusion in, omission from, or amendment of any such rule or statement shall be deemed to bind the Committee as to its approval or disapproval of any feature or matter subject to its approval or to waive the exercise of the Committee’s discretion as to any such matter. Approval for use on any lot of any plans or specifications shall not be deemed a waiver of the Committee’s right, in its discretion, to disapprove such plans specifications or any of the features or elements included therein if such plans, specifications, features or elements are subsequently submitted for approval for use on any other lot or lots.

6.05 If any structure shall be altered, erected, placed or maintained upon any lot otherwise than in accordance with plans and specifications approved by the Committee pursuant to the provisions of this Article VI, such alteration, erection and maintenance shall be deemed to have been undertaken in violation of this Article VI and without the approval required herein. Any approved work of construction or alteration shall be prosecuted diligently to completion in accordance with the plans so approved; and completed within twelve months after the date of such approval. Failure to so complete such work shall cause such approval to be automatically withdrawn, unless the Committee extends such approval for a period of not to exceed six additional months. After such automatic withdrawal of approval, the structure being constructed or altered shall not then or thereafter be occupied, or permitted to remain on any lot for a period longer than three months.

6.06 Upon completion of the construction or alteration of any structure in accordance with plans approved by the Committee, the Committee shall, upon written request of the owner thereof, issue a certificate of compliance in form suitable for recordation, identifying such structure and the lot on which such structure is placed, and stating that the plans and location of such structure have been approved and that such structure complies therewith. Recording of such certificate shall be at the expense of such owner. Any certificate of compliance issued in accordance with the provisions of this Section shall be prim facie evidence of the facts therein stated, and as to any purchaser or encumbrances in good faith and for value, or as to any title insurer, such certificate shall be conclusive evidence that all structures on the lot described therein comply with all the requirements of this Article, and with all other requirements of this Declaration as to which the Committee exercises any discretionary or interpretive powers.

6.07 The Committee may charge and collect a fee of not more than $25.00 for the examination of any plans and specifications submitted for approval pursuant to this Article VI payable at the time such plans and specifications are so submitted. The amount of such fee shall not exceed the cost to the Committee of making such examination, including the cost of any architect’s or engineer’s fees incurred by the Committee in connection therewith.

6.08 Any member of or agent of the Committee 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; and neither the Committee, its agent or its members shall be deemed to have committed a trespass or other wrongful act by reason of such entry or inspection.

ARTICLE VII.

SETBACKS

7.01 No structure shall be located within any setback area, nor shall any portion of a structure be located over any setback area unless the owner has obtained both a variance from the City of Claremont, if such a variance is required, and the approval of the Committee, given as in Article VI above provided. Such approval shall, upon the written request of the owner of such lot, be evidenced by a certificate of compliance as provided for in Section 6.06 hereof.

ARTICLE VIII.

GRADING AND WEED REMOVAL

8.01 Declarant may at any time make such cuts and fills upon any lot or other part of said property and do such grading and moving of earth as, in its judgment, may be necessary to improve or maintain the streets in or adjacent to said property and to drain surface waters therefrom; and may assign such rights to the County of Los Angeles or to any other municipal authority; provided, however, that after the principal dwelling house upon a lot shall have been completed in accordance with plans approved by the Committee as provided in Section 6.03 hereof, the rights of Declarant under this Section 8.01 shall terminate with respect to such lot, except that Declarant shall thereafter have the right to maintain existing streets, drainage structures, slopes and slope planting.

8.02 Each lot or homeowner, or contract purchaser thereof, shall keep his property free and clear of all weeds and rubbish and do all things necessary or desirable to keep the premises neat and in good order, including sufficient irrigation of slopes and of trees to prevent any leaf wilt, and except homes and lots not yet sold by Declarant, upon completion of a residence building shall within ninety (90) day plant lawns or otherwise landscape the front yard and in the case of comer lots the side street yard and maintain the same. It is hereby agreed that if any such owner or contract purchaser fails to conform to the provisions of this Section 8.02, Declarant may enter upon any lot that is vacant and unplanted for the purpose of cutting, plowing under, burning, or otherwise removing weeds and removing or disposing of rubbish or litter. No such entry shall be deemed a trespass and Declarant shall not be subject to any liability therefor. The cost of such work shall be added to the annual assessment with respect to such lot provided for in Article IX hereof and shall be collectible and enforceable in like manner as such assessment as provided in Article IX hereof, but said cost will not be considered as a part of the annual assessment in applying the $100.00 limitation of Section 9.02 or the $700.00 limitation of Section 9(a).02.

ARTICLE IX.

ASSESSMENTS FOR UPKEEP AND OTHER PURPOSES

9.01 Each lot shall be subject to an annual assessment to be fixed by and paid to Declarant, for the purposes set forth in Section 9.06 hereof.

9.02 The amount of such annual assessment to which any lot may be subject shall not exceed $100.00 provided, however, that said maximum amount may be increased by a modification of these restrictions in the manner provided in Section 3.02 hereof.

9.03 Such annual assessments shall be fixed by Declarant (subject to the foregoing limitations) on or prior to April I in each calendar year for the then current calendar year, and shall be due and payable on May I of such calendar year, the first such assessments being payable May 1, 1965. Each such assessment shall become delinquent on June I of the year in which it was fixed, and if not theretofore paid shall thereafter bear interest at the rate of 6% per annum, and the aggregate amount of such assessment with interest as aforesaid shall constitute a lien on the lot with respect to which It was fixed from and after the date that a notice of delinquency (as provided for in Section 9.04 hereof) is filed for record. Said lien may be enforced by Declarant in the manner provided by law with respect to a mortgage or other lien on real property; and the owner of said lot shall pay all costs and expenses of foreclosure or other enforcement, including reasonable attorney’s fees, all of which costs, expenses and fees shall likewise be secured by said lien.

9.04 Declarant may file for record with the County Recorder of Los Angeles County at any time within 120 days after delinquency a notice of delinquency with respect to any lot, setting forth the amount of any assessments, together with interest as aforesaid, which have become delinquent and remain unpaid with respect to such lot. Upon payment in full of such assessments, interest, and costs of collection thereof (if any) and costs Incident to the filing of said notice of delinquency, including reasonable attorney’s fees, Declarant shall execute and file for record a release of the lien securing payment of the same.

9.05 The owner or owners of each lot shall be personally obligated to pay the assessments with respect to such lot which become payable during the time that such owner or owners retain the ownership of such lot, and, by acceptance of a deed or other conveyance of such lot, such owner or owners shall covenant for themselves, their heirs, successors and assigns to personally pay such assessments when due. The obligation to pay such assessments shall run with the land and bind successive owners of each lot so that such owners shall in turn become personally obligated to pay such assessments as may be payable with respect thereto during their ownership thereof.

9.06 The proceeds received by Declarant from such assessments, after deducting the costs of collection thereof, if any, shall be applied by Declarant to defray the cost of any or all of the following:

a. Maintaining, repairing, replacing and renewing the underground television system; and

b. Constructing, maintaining, repair, replacing and renewing a drainage system or systems on said property and/or the property described in Schedule B attached hereto;

c. Irrigating and keeping in good condition any and all slopes on said property and/or any and all slopes on the property described in said Schedule B;

d. Paying taxes, assessments and other governmental charges, if any, levied or imposed upon any of the improvements described in the preceding subparagraph of this section, or upon any land or other property held or acquired for the general use or common benefit of the property described in Schedule A and/or Schedule B hereto, including any special assessments levied against such lands or improvements, or the streets within said property;

e. The expenses, if any, incident to the enforcement of the provisions of this Declaration or the doing of any act contemplated hereunder by Declarant or by the Committee, including the costs and expenses of inspecting and improving plans, as provided in Article VI hereof and

f. The expense of maintaining any water system serving said property or the property described in Schedule B, of fertilizing and watering trees lining streets located on said property and any and all other expenses which, in the sole opinion of the Committee, are considered to benefit the said property.

9.07 Notwithstanding anything contained in the foregoing Section 9.06, no funds obtained from the assessments provided for in this Article IX shall be expended for improvements located or any portion of the property described in Schedule B hereto, unless such portion shall have been subdivided into lots and there shall have been recorded a declaration of restrictions applicable to such portion, which declaration shall provide for assessments upon lot owners for purposes similar to the purposes set forth in the foregoing Section 9.06. For the purpose of this Section 9.07, the Declaration of Restrictions dated September 27, 1962, by Claraboya Development Co., a California corporation, and recorded on September 27, 1962, as Instrument No. 4418 in Book M 1113, Page 912, of Official Records in the office of the County Recorder of Los Angeles County, California, and the Declaration of Restrictions dated October 19, 1963, by Claraboya Land Co., a California corporation, and recorded on October 21, 1963, as Instrument No. 4719 In Book M 1371, Page 877 of Official Records in the office of the County Recorder of Los Angeles County, California, shall be doomed to provide for assessments upon lot owners for purposes similar to the purposes set forth in the foregoing Section 9.06. In the event that any one or more of the purposes for which the expenditure of such funds is contemplated by the provisions of Section 9.06 hereof shall be declared or held to be an improper purpose for the expenditures of such funds, the assessment, collection and expenditure of such funds for any one of the other purposes herein contemplated shall not thereby be affected or rendered invalid.

ARTICLE IX(A)

SPECIAL RESTRICTIONS CONCERNING LOT 41

9(A).01 Notwithstanding any restrictions set forth herein, nothing shall prevent the construction and erection upon the R-2 Parcel on said property, described as Lot 41, of residential apartment units. By way of illustration and not by way of limitation, Section 4.01 shall be modified, with respect only to Lot 41, so that such lot may be used for residential purpose by more than one family at one time, Section 4.04 shall not prevent the conduct of the business of renting and leasing residential apartment units on Lot 41, and Section 6.01 shall be modified with respect only to Lot 41, so that residential apartment units may be erected and maintained on such lot.

9(A).02 Notwithstanding Section 9.02, the amount of annual assessment for upkeep and other purposes to which Lot 41 may be subject may exceed $100.00; such amount shall not, however, exceed $700.00 unless said $700.00 amount is increased by a modification of these Restrictions, in the manner provided in Section 3.02 hereof.

9(A).03 The other restrictions set forth herein shall, except to the extent they prevent Lot 41 from being used for residential apartment units, apply to said Lot 41 to the same extent as if this Article IX(A) did not exist. By way of illustration and not by way of limitation, the approval of the Architectural Committee required by Article V, the limitation set in Section 6.01 that no house or building shall exceed fourteen (14) feet in height from the finished grade of the lot as indicated by the Master Grading Plan on file at Declarant’s office, without the a approval of the Committee, and the remedies set forth in Section 6.05 for the erection, placing or maintaining of a structure upon any lot otherwise than in accordance with plans and specifications approved by the Committee shall all apply to lot 41.

ARTICLE X.

CONSTRUCTION OF THESE RESTRICTIONS

10.01 If any discrepancy, conflict or ambiguity is found to exist concerning the setback areas or the application of the provisions of Article VII to said setback areas, such ambiguity, conflict or discrepancy shall be resolved and determined by the Committee in its sole discretion. Such determination shall be made upon consideration of the appearance and placement of structures upon lots adjacent to the lot or lots with respect to which such determination is to be made, and such determination shall be made for the purpose of securing the uniform and harmonious appearance and placement of buildings and other improvements upon the lots.

10.02 In construing this Declaration, or any part thereof, stipulations which are or may be necessary to make this Declaration reasonable in any respect are to be implied.

10.03 The determination by any court that any provision of this Declaration is unlawful, void, or unenforceable in whole or in part shall not affect the validity of any other provision hereof; and no such determination that any provision hereof is inapplicable or unenforceable an to any particular lot or lots shall affect the applicability or enforceability of said provision or any other provision hereof to any other lot or lots.

10.04 Damages shall not be deemed adequate compensation for any breach or violation of any provision hereof. Declarant and ouch persons as from time to time may be the owners of the lots contemplate the specific enforcement of these restrictions as part of a general plan f or the improvement and use of said property, and do not contemplate recovery of damages in lieu of such enforcement for any breach or violation of any of these restrictions.

10.05 These restrictions shall NOT be construed as conditions subsequent, and no provision hereof nor any provision in any deed referring hereto shall be deemed to vest in Declarant or any other person any reversion or any right or right of entry with respect to any lot, such reversion or right of entry in hereby expressly waived by Declarant.

10.06 The headings of the articles herein are for convenience only and shall not affect the meaning or interpretation of the contents thereof.

ARTICLE XI.
VIOLATION OF RESTRICTIONS: ENFORCEMENT

11.01 Upon any violation or breach of any of these restrictions, Declarant may enter any lot upon or on to which such violation exists, and may summarily abate and remove, at the expense of the owner of such lot. any thing or condition that may be or exist thereon contrary to the provisions hereof. Declarant shall not thereby be deemed to have trespassed upon such lot and shall be subject to no liability to the owner or occupant of such lot for such entry, abatement or removal.

11.02 Violation of any of these restrictions may be enjoined, abated, restrained or otherwise remedied by appropriate legal or equitable proceedings. Proceedings to restrain violation of these restrictions may be brought at any time that such violation appears reasonably likely to occur in the future. In the event of proceedings brought by any party or parties to enforce or restrain violation of any of these restrictions, or to determine the rights or duties of any person hereunder, the prevailing party in such proceedings may recover a reasonable attorney’s fee to be fixed by the court, in addition to court costs and any other relief awarded by the court in such proceedings.

11.03 The covenants and restrictions contained in this Declaration shall bind and inure to the benefit of and be enforceable by Declarant and the owner or owners of any lot or parcel of said property, and the respective heirs, aucces5ore and assigns of each. The failure of Declarant, or of any lot owner, or of any other person entitled to enforce any of these restrictions, to enforce the same shall in no event be deemed a waiver of the right of such person or of any other person entitled to enforce these restrictions to enforce the same thereafter.

11.04 Waiver or attempted waiver of any of these restrictions with respect to any lot shall not be deemed a waiver thereof as to any other lot, nor shall the violation of any of these restrictions upon any lot or lots affect the applicability or enforceability of these restrictions with respect to any other lot.

ARTICLE XII.

TRANSFER OF DECLARANTIS RIGHTS AND POWERS HEREUNDER

12.01 Declarant’s rights hereunder and its power of enforcement together with any other rights or powers of Declarant with respect to said property arising out of or in connection with this Declaration may be exercised by Declarant, so long as its corporate existence continues. by its Board of Directors or by any committee or representative duly authorized to exercise such rights and powers by resolution of Declarant’s Board of Directors. Upon termination of Declarant’s corporate existence, in the event such rights and powers have not theretofore been assigned by Declarant as hereinafter provided, said rights and powers shall then and thereafter vest in and be exercisable by Claraboya Enterprises, Ltd., a limited partnership. Such rights and powers may be exercised by the general partners of said partnership pursuant to its partnership agreement. In the event of the termination of Claraboya Enterprises, Ltd., such rights and powers shall automatically pass to and vast irrevocably in the then living persons who had been partners in Claraboya Enterprises, Ltd., if any of such men are then living; otherwise such rights and powers shall cease and determine.

12.02 Any or all of the rights and/or powers of Declarant herein contained as to any of the said property may be delegated, transferred, assigned or conveyed to any person, corporation or association. Upon such an assignment, the assignee shall exercise such rights and powers on behalf of the owners of the lots in said property, for the benefit of all the lots in said property.

ARTICLEXIII.

RESUBDIVISION OR COMBINATION OF LOTS

13.01 In the event two or more contiguous lots are hold in common ownership, such lots may for the purposes of these restrictions be treated as one entire lot, provided that the owner thereof shall file with Declarant a written statement declaring his intention to trait such contiguous lots as one lot; and any severance of the ownership of such contiguous lots thereafter shall be subject to the provisions of Section 13.02 hereof.

13.02 In the event that the owner of two or more contiguous lots desires to sever the ownership of one or more of said contiguous lots from the remainder of the contiguous lots, such portion so severed, and the remaining portion of such lot or contiguous lots, shall each thereafter be treated for all purposes hereunder as lots, for the express purpose of imposing upon and subjecting each of such newly formed lots to all of these restrictions applicable to original lots, including by way of illustration and not by way of limitation, the restrictions respecting setback areas; provided, however, that in any event no lot can be created by any severance which is only a part of a lot an it was originally recorded. No structure may be placed or altered on any such newly-formed lot unless and until the size and street frontage of each such newly-formed lot (in addition to the plans for such structure) shall have been approved in writing by Declarant, and a certificate of compliance approving the severance of such newly-formed lots shall have been executed by Declarant in the manner provided In Section 6.06 hereof. Declarant may withhold such approval if, in its sole discretion, it determines that the area, shape or street frontage of any such newly-formed lot is not in keeping with the character of the improvements upon, and the areas and frontage of other lots in said property.

ARTICLE XIV.

GOOD FAITH LENDERS CLAUSE

14.01 No violation of any of these restrictions shall defeat or render invalid the lien of any mortgage or dead of trust made or deed of trust made in good faith and for value upon any portion of said property; provided, however, that any purchaser at any trustees’, mortgagees’ or foreclosure sale shall be bound by and subject to these restrictions as fully as any other owner of any portion of said property.

ARTICLE XV.

GRANTEES COVENANT

15.01 Each grantee accepting a deed or other conveyance which incorporates or refers to these restrictions covenants for himself, his heirs, successors and assigns to observer perform and be bound by these restrictions and to incorporate these restrictions by reference in any dead or other conveyance of all or any portion of his interest in any real property subject hereto.

ARCHITECTURAL RESTRICTIONS AND REQUIREMENTS

As provided in the restrictions an Architectural Committee is employed to control design, elevation, location, landscaping, materials, color, finish and shape of new buildings and proposed alterations to existing improvements so that all improvements conform to a sound and attractive plan of development and improvement. The restrictions were carefully designed and must be enforced so that the character and setting of Claraboya is insured and all owners protected against loss of values.

The architectural Committee is concerned with these objectives and there is no desire to restrict the submission of designs by capable Architects or Designers, however, extremes in design or architecture will be discouraged.

In order to expedite approval by the committee, it is suggested that a preliminary floor plan with elevation sketches and plot plan be submitted for preliminary approval prior to the submission of the final working drawings. The final working drawings must be submitted and approved before construction can begin. It should be noted that final plans must conform with the City of Claremont building codes. These plans should be submitted in duplicate and contain the following information:

(A) Plot plan: At a scale of 1″ equals 20′ or larger including lot number, dimensions and square footage of building, accurate location of building, garage, drives, walks, patios and service yards, plus all setbacks dimensioned together with fences or walls and their heights.

(B) Foundation plan: Showing foundation plans and details and any retaining walls and details.

(C) Floor plan: Showing floor elevations and square feet area.

(D) All elevations: Showing all elevations of the building and the natural as well as finished grades at the building.

(E) Construction section: Showing maximum heights of building above reference grade.

(F) All materials: Detailed description of materials to be used and location. Imitation of materials is discouraged.

(G) Colors: A statement of exterior colors must accompany the final drawings. Color sample must be submitted for approval before construction.

(H) Drainage: Drawing and explanation of how surface water drainage is provided for.

(I) Landscaping: Showing location and type of plants, hedges, trees, etc., to be planted. Consideration must be given in the design of the landscaping as to the location of trees in regards to the view of adjoining lots.

To avoid expensive delays and extra cost, owners and contractors should be careful that construction and landscaping is in accordance with approved plans. Any member or agent of the committee may enter the premises to inspect progress of the structure at any reasonable time. Declarant has the legal authority to stop construction in the event of any deviation from the approved plans and specifications.

SCHEDULE A

Lot 41 of Tract 28985, in the city of Claremont, County of Los Angeles, Stated of California, as per map recorded in Book 732, pages 5 to 8 inclusive, in the office of the county recorder of said country.

SCHEDULE B

This Schedule is the Schedule “B” referred to in the foregoing and annexed DECLARATION OF RESTRICTIONS, and is made in a part thereof as therein provided.

PARCEL I

The northwest quarter of Section 33, and the northwest quarter of Section 28, Township 1 North, Range 8 West, San Bernardino meridian, according to the official plat of said land approved by the Surveyor General September 21, 1875, County of Los Angeles, State of California.

EXCEPTING THERE FROM, Lots 1 to 49, inclusive, of Tract No. 2702, City of Claremont, County of Los Angeles, State of California, as per map recorded in Book 687, Pages 28-31, inclusive of Maps, in the Office of the County Recorder of said county.

ALSO EXCEPTING THERE FROM, Lots 1 to 57, inclusive, of Tact No. 27104, in the City of Claremont, County of Los Angeles, State of California, as per map recorded in Book 705, Pages 36-38, inclusive of Maps, in the Office of the County Recorder of said county.

ALSO EXCEPTING THERE FROM, that portion of the Northwest quarter of Section 33, in the City of Claremont, County of Los Angeles, State of California, according to the official plat of said land filed in the District Land Office, October 30, 1886, described as follows:

Beginning at a point in the Westerly line of said Northwest quarter, said point being distant along said line, North 1 degree 41’59” East 1295.93 feet from the Southwest comer of said Northwest comer, said point being an angle point in the boundary of Tact No. 27104 as per map recorded in book 705, Page 36, 37, and 38 of Maps, in the Office of the County Recorder of said county; thence along said boundary of Tract No. 27104, North 43 degrees 23’34” East 453.08 feet, South 74 degrees 31’46” East 390.00 feet, South 17 degrees 15’03” West 17.00 feet, South 72 degrees 44’57” East 198.95 feet, South 47 degrees 58’25” East 54.52 feet, South 15 degrees 44’01” East 241.55 feet, South 3 degrees 35’39” East 199.39 feet and South 8ldegrees 3728″ East 260.00 feet; thence leaving said boundary, North 8 degrees 22’32” East 165.70 feet; thence North 21 degrees 05’21” East 487.02 feet; thence North 68 degrees 54’39” West 413.24 feet to the beginning of a tangent curve concave Southerly having a radius of 226.00 feet; thence Westerly along said curve through a central angle of 18 degrees 16’44” a distance of 72.10 feet; thence tangent to said curve, North 87 degrees 11’23” West 50.00 feet to the beginning of a tangent curve concave Northerly having a radius of 114.00 feet; thence Westerly along said curve through a central angle of 2 degrees 32’56” a distance of 49.53 feet; thence North 12 degrees 51’38” East 183.04 feet; thence South 87 degrees 20’03” East 149.36 feet; thence South 87 degrees 20’03” East 13.79 feet to the beginning of a tangent curve concave Southerly having a radius of 594.50 feet; thence Easterly along said curve through a central angle of 4 degrees 39’21” a distance of 48.31 feet; thence normal to said curve, North 7 degrees

19′ 18″ East 40.00 feet; thence North 12 degrees 51’38” East 145.55 feet to the point of beginning of a non-tangent curve concave Southerly having a radius 1006.00 feet, a radial line of said curve to said point bears North 11 degrees 0750″ East; thence Westerly along said curve through a central angle of 0 degrees 44′ 14″ a distance of 12.95 feet; thence North 12 degrees 51’38” East 194.28 feet; thence North 80 degrees 00’40” West 16.84 feet to the beginning of a tangent curve concave Southerly having a radius of 1200.00 feet; thence Westerly along said curve through a central angle of 4 degrees 42’41” a distance of 98.68 feet, more or less, to the Northerly line of said section; thence along said Northerly line, South 89 degrees 39′ 16″ West 1049.49 feet, more or less, to the Northwest comer of said section; thence along the Westerly line of said section, South 1 degree 41’59” West 1389.48 feet, more or less, to the point of beginning.

PARCEL 2

Lots 1 to 49, inclusive of Tract No. 27202, City of Claremont, County of Los Angeles, State of California, as per map recorded in Book 687, Pages 28-31, inclusive of Maps, in the Office of the County Recorder of said county.

PARCEL 3

Lots 1 to 57, inclusive of Tract No. 27204, City of Claremont, County of Los Angeles, State of California, as per map recorded in Book 705, Pages 36-38, inclusive of Maps, in the Office of the County Recorder of said county.

WITNESS the due execution hereof as of the date first above written.

CLARABOYA HILLSIDE DEVELOPMENT CO.

/s/ Robert Musgrove, President

/s/ Gail Frampton, Secretary

 

STATE OF CALIFORNIA )

ss.

COUNTY OF LOS ANGELES)

On this 24th day of March. 1969, before me, the undersigned, a Notary Public in and for said State, personally appeared ROBERT L. MUSGROVE, known to me to be the President, and GAIL J. FRAMPTON, known to me to be the Secretary. of CLARABOYA HILLSIDE DEVELOPMENT CO., the corporation that executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors.

WITNESS by hand and official seal. William Swan, Notary Public in and for the State of California

 

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