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HomeMy WebLinkAbout105-Covenants, Conditions and Restrictions.pdfTaken from the Official Records of Santa Clara County. March,1999. COVENANTS, CONDITIONS AND RESTRICTIONS FOR PARKER RANCH CITY OF SARATOGA . 13i77 Fruitvale Ave. Saratoga, CA 95070 65038-2 ftC 4 NO DECLARATION OF ·::iV'T. CLE::~ S;~G. 6103, ;.;ITY OF G.\:::.\TOGA COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION made on the date hereinafter set forth by BLACKhlELL HeNES, a partnership, by L1ACK R. BUICKl~, INC. AND VALIEY TITlE CO'1Pl\NY, a .corQOration f "D 1 " here~na!ter re erred to as ec arant . WITNESSETH: ~ffiEREAS, Declarant is the owner of certain property in the County of Santa Clara, State of California, which is more particularly described as all lots as shown on the subdivision map of that certain Tract No. 6526 • known as THE PARKER RANCH, Unit filed in the office of the County Recorder of Santa Clara County, California, on AuG. liS T Z 3 ,19 79 , in Hap Book 44-B ; at Pages 25, 26 t 27 ,he.reinafter referred to as "Subdi vis ior. Map". NOW THEREFORE, Declarant hereby declares that all of the property described above shall be held, sold and conveyed, subject to the following easements, restrictions, covenants and conditions which are for the purpose of enchancing and protectinE the value, attractiveness and desirability of, and which shall run With, the real property and be ~inding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and ass~gns and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to THE PARKER RANCH HOMEOWNERS ASSOCIATION, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any lot which is a part of the property, including contract sellers, but excluding those having such interest merely as security for the perfor- mance of an obligation. Section 3. "Property" shall mean and refer to thil.t certain real property hereinbefore described and such additions thereto as may hereafter be brought within the jurisdiction of the Association by Annexation. Section 4. "Common Area" shall mean all real property owned by the Association for the use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance is -1 - '. that designated on ~~e subdividion mnp known as RAN C H , Tract No, 6:; 26 , Parcel(s) Santa Clara County, California, as "Common Area". E 805 w:327 PA R k£ R AtB Section 5. "Lot" shall mean and refer to any plot of land shown upon the recorded subdivision map of the property with the exception of the Common Area. Section 6. "Declarant" shall mean and refer to B LAC k WEL.L HOMES. t1. PAKTNEBSHIPe VAL LE Y DrL£" COMe. a. CORP and its successors and assigns if such successors or assigns sh0uld acquire more than one undeveloped lot from the declarant for the pur- pose of development. Section 7. "l1ortgage" shall mean and include a deed of trust as well as a mortgage in the conventional sense. Section 8. "Mortgagee" shall mean and include a beneficiary under or holder of a deed of trust as well as a mortgage. Section 9. "Member" shall mean and refer to every person or entity who holds membership in the Association. Section 10. "Board of Directors" shall mean a governing body of the Association, as hereinabove provided, elected pursuant to the provisions of the Declaration. Section 11. "Structure" shall refer to any improvement erected or constructed on the property with the exception of the improved street itself. ARTICLE II BURDENS APPURTENANT TO PROPERTIES Section 1. Upon the conveyance of any portion of the property, each grantee shall accept the same subject to the covenants, conditions and restrictions herein and shall agree to be bound by the same. The burdens imposed by the covenants, conditions and restrictions in this Declaration are to be imposed upon the grantee of all lots, will consti- tute a general scheme for the benefit of all owners and will be imposed upon grantees by express covenants in deeds they receive and shall con- stitute covenants running with the land or equitable servitudes on the land, as the case may be, and are intended to be binding upon the future owner of an interest in the herein described property. Any breach or interference with any of the rights or benefits herein established m~y be enjoined or abated by appropriate .proceedings by Declaranc, ics successors or assigns, the Association, or any other owner. Section 2. Failure to enforce any condition or covenant herein shall not constitute a waiver of the right to do so thereafter. -2 - - ARTICLE III PROPERT'! RIGHTS Section 1. Owner's Easements of Enjoyment: Every owner shall have a ~ight and easement of enjoyment into the Cornmon Area which shall be appurtenant to and shall pass with the title to every lot, subject to the following provisions: (a) The right of the Association to suspend the voting rights and right to use of the Cornmon Area by an owner for any period during which any assessment against his lot remains unpaid; and for a period not to exceed six (6) calendar months for any infraction of its published rules and regulations after a hearing by the Board of Directors of the Association. (b) The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of each class of members agreein[ to such dedication or transfer has been recorded and the written acceptance of the Agency to whom. it is offered has been obtained. Section 2. Deiegation of Use: Any owner may delegate, in accordance with the By-Laws, his right of enjoyment to the Common Area and facilities (if constructed) to the members of his family, his tenants, or contract purchasers who reside on the property. Section 3. Other Easements: (a) Easements for installation and maintenance of utilities and drainage facilities are shown on the recorded map, as well as open space and scenic easements. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may damage, interfere, or change the direction of flow of drainaee facilities in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, or if in a Common Area, by the Association, except for those improvements for which a public authority or utility company is responsible. (b) No dwelling unit and/or other structure of any kind shall be built, erected or maintained upon any such easement, reservation, or right-of-way, and said easements, reservations and rights-of-way shall at all times be open and accessible to public and quasi-public utility corporations, and other persons erecting, constructing or servicing such utilities and quasi-utilities, and to declarant, its successors and assigns, all of whom shall have the right to ingress and egress thereto and there- from, and the right and privilege of doing whatever may be necessary in, under and upon said locations for the carrying out of any of the purposes- of which said easements, reservations and rights-of-way are hereby granted. Section 4. No Partition: There shall be no judicial partition of the Common Area nor shall Declarant or any person acquiring any interest in the property or any part thereof seek any partition thereof. 3 - - ARTICU IV ---.. -- MEMBERSHIP AND VOTING RIGHTS Section 1. Every Owner of a lot which is subject to assessments shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. Section 2. The Association shall have two classes of voting membership as follm.;rs: Class "A": Class "A" members shall be all owners with the exception of the Declarant and shall be entitled to one vote for each lot owned. When more than one person hoLds an interest in any lot, all such persons shall be members and the vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot. Class "B": Class "B" member(s) shall be the Declarant and shall be entitled to three (3) votes for each lot owned. The Class "B" member- ship shall cease and be converted to Class "A" membership on the happening of either of the following events, whichever occurs earlier: (a) When the total votes outstanding in the' Class "A" membership equal or exceed the total votes outstanding in the Class "B" membership; or (b) Forty-Eight (48) months from recording of the first lot conveyed by Declarant. ARTICLE V BOARD OF DIRECTORS Section 1. Elections: At the first annual meeting, the Owners shall elect a Board of Directors consisting of five (5) Owners (or desig- nated representatives of corporate Owners) with two (2) O,.;ners to scrve for a one (1) year term and three (3) Owners to serve for a two (2) year term; provided, however, that the first Board elected hereunder may be elected at a special meeting duly called, said Board to serve until the first annual meeting. Every Owner entitled to vote at any election for members of the Board may cumulate his votes and give one candidate a number of votes equal to the number of members of the Board to be elected, multiplied by the number of votes to which such Owners are other..;rise entitled, or distribute hi& votes on the same principle among as many candidates as he thinks fit. The candidates receiving the highest number of votes up to the number of members of the Board to be elected shall be deemed elected. All votes shall be cast by written ballot. Section 2. Term: Except as provided above, members of the Board shall serve for a term of two (2) years commencing on the first day of the month following the meeting at which they are elected or until their respective successors are elected, or until their death, resignation or removal, whichever is earlier; provided that if any member ceases to be an Owner, his membership on the Boa).:1 shal~ thereupon terminat, Any member may resign at any time by giving written notice to the Secretary, and any -4 - member may be removed from membership on the Board by vote of the Owners; provided that unless the entire Board is removed an individual member shall not be removed if the number of votes cast against his removal exceeds sixteen and two-thirds percent (16-2/3%) of the total vote cast in such an election. Section 3. Meetings: Three (3) members of the Board shall constitute a quorum, and if a quorum is present, the decision of a majority of those present shall be the act of the Board. The Board shall elect a President who shall preside over both its meetings and those of the Owners. In the case of a tie vote at a Board Meeting, the existing President of the Board of Directors shall cast the deciding vote. Meetings of the Board may be ~alled, held and conducted in accordance with such regulations as the Board may adopt. The Board may also act without a meeting by unanimous written consent of its members. The first annual meeting of Owners shall be called by Declarant within six (6) calendar months after the conveyance of a lot to an Owner. Section 4. Affidavit: Until the election of a Board of Directors, Declarant shall exercise all of the pm-ler, rights, duties and functions of the Board for the benefit of the Owners. After the first election of the Board, two (2) Board members shall execute, acknowledge and record an affidavit stating the names and addresses of the persons elected to membership on the Board. The most recently recorded of such affidavits shall be prima facie evidence that the persons therein are all of the incumbent members of the Board and shall be conclusive evidence thereof in favor of all persons who rely thereon in good faith. Section S. Powers and Duties: The Board (and Declarant until the election of the first Board of Directors) shall have the following a~thority and powers to be exercised for the benefit of the Association and the Owners. (a) To levy assessments in advance for maintenance and other purposes hereinafter provided; (b) To create an assessment fund into which the Board shall place all sums collected by assessment or otherwise, such fund to be used and expended for the purposes herein set forth; (c) To increase the annual assessment or vote a special assessment in excess of that amount required to meet any necessary additional expenses within the maximum herein specified; (d) To use and expend the assessments collected to maintain, care for and preserve the grounds located in the Common Area; (e) To pay taxes and assessments levied and assessed against the Common Area real property or jointly owned personal property, and to pay for such equipment and tools, supplies and o~her personal Fro- perty purchased for use in such maintenance; -5 - ,. I. -u ' 1.0 E 805 ?!:.; 331 (f) To use and expend the :lssessment collected to maintain, care for and preserve the Common Area in a manner consistent with the standards for public service set by City of Saratoga and the County of Santa Clara, and particularly in accordance with the Landscape Maintenance Agreement executed with the City of Saratoga. (g) To pay for all public utilities, legal and accounting services, insurance and other expenses necessary in the proper operation of the Common Area or the enforcement of these Restrictions; (h) To insure and keep insured all Common Areas against destruction by fire and other casualties; (i) To collect any delinquent assessments by suit or otherwise and to enjoin or seek damages from other owners for violations of the covenants herein contained on the part of the owners to be performed or for violations of the rules hereinafter referred to; (j) To employ the services of a person or firm to manage the affairs of the Association herein called the "Hanaeer" to the extent deemed advisable by the Board, as weLL as such other personnel as the Board shall determine shall be necessary or proper f-or·the operation of the Common Area, whether such personnel are employed directly or are furnished by the Manager; (k) To enter into contracts and to generally have the powers of a property manager in connection with the matters hereinbefore set forth, except that neither the Board nor any officer may encumberOr dispose of any interest of any owner to satisfy a judgment against such owner for violation of the covenants, conditions, restrictions or agree- ments imposed by these restrictions or the deeds to grantees. Provided, however, Declarant shall not enter into any contract which will bind the Association for a period of time of more than one (1) yeRr unless such contract contains a reasonable cancellation provision exercisable at the option of the Association; (1) To make reasonable rules and regulations concerning the use of the herein described real property and to amend the same from time to time, and such rules and regulations and amendments shall be binding upon the owners when the Board has approved. them in writing; a copy of such rules and regulations and all amendments shall be delivered to each owner prior to the time when the same shall become effective; (m) To acquire and pay for out of the assessment fund any materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurance, taxes or assessments which the Foard is required to secure or pay for pursuant to the terms of these Restric- tions or by law, or which in its opinion shall be neces~ary or proper for the operation of the Common Area or for the enforcement of these Restrictions. The Board shll also pay any amount necessary to discharge any lien or encumbrance levied against the entire property or any part thereof which may, in the opinion of the Board, constitute a lien against the Common Area rather t.han merely against the interest therein of -6 - E 80S ;,c332 particular owners. Where one or morl' owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it and any costs incurred by tbe Board by reason of said lien or liens shall be specifically assessed to said owners; (n) To keep the City of Saratoga Planning Department provided with a current address or post office box number for the Association. ARTICLE VT COVENANT FOR MAINTENANCE ASSESSMENTS: Section 1. Creation of the Lien and Personal Obligation o[ Assessments: The Declarant, for each lot owned within the properties, hereby covenants, and each owner of any lot by acceptance in such deed, is deemed to covenant and agree, to pay to the Association: 1. Annual assessments or charges; and 2. Special assessments for capital improvements, such assess- ments to be established and collected as hereinafter provided. The annual and special assessments, togeLlter with interest, costs and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs and reasonable attorneys' fees, shall also be the personal obli- gation of the person who was the o,mer of such property at the time when the assessments fell due. The personal ~bligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Annual Assessments: The annual assess- ments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the properties and for the maintenance of the Cornmon Area. Said annual assessments shall include, and the Association shall acquire and pay for out of the funds derived from said annual assessments, the following: (a) Water. sewer, garbage, electrical, lighting, telephone and gas and other necessary utility service for the Cornmon Area, if any; (b) Fire insurance covering the full insurable replacement value of the Cornmon Area with extended coverage; (c) Liability insurance insuring the Association against any liability to the public or to any owner, their invitees or tenants incident to their occupation and/or use of the Common Area, with limits of liability to be set by the Association, such limits and coverage to be reviewed at least annually by the Association and increased or decreased at its discretion; (d) Workman's Compensation Insurance to the extent necessary to comply with any applicable laws, and such other insurance as may be deeme~ neces~~ry by the Board of Directors of the Association; -7 - E 80S i'!~:: 333 (e) Standard fidelity bond covering all members of the Board of Directors of the Association and all other employees of the Associatton in an amount which shall be determined by the Board of Directors, as well as Officers and Directors liability insurance; (f) Haintenance, repair, repla'cement anrl all landscaping of the Common Area and such furnisclings and equipment for the Common Area as the Association shall determine are necessary and proper; (g) Planting, irrigation, and maintenance of the landscaping in the Common Areas, including, but not limited to, graded slopes, erosion control plantings and drainage-ways (both surface and sub-surface). In addition, the landscaping improvemen~s installed in the rights-of-way, easements and other property interests offered to the City of Saratoga for dedication (which said landscaping improvements shall be installed and maintained by the developer until acceptance by said City, and only thereafter shall become the maintenance responsibility of the Association) , will be maintained and paid for out of the annual assessments; (h) Any other materials, supplies, furniture, labor, services, maintenance, repairs, structural alterations, insurances, taxes or assess- ments which the Association is required to secure and/or pay for pursuant to the terms of these Restrictions or by law or which in the opinion of the Associations's Board of Directors shall be necessary or proper for the operation of the Common Area, or for the benefit of the lot owners and/or their interest in the CommoT;l Area, or for the enforcement of these Restrictions. Section 3. Haximum Annual Assessment: (a) Until January one of the year immediately following the first conveyance of a lot to an Owner, the maximum annual assessment shall be $1200.00 (b) From and after January one of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased each year by the Board of Directors in an amount not more than five percent (5%) above the maximum annual assessment for the previous year, without a vote of the membership; (c) From and after January one of the year immediately following the conveyance of the first lot to an Owner, the maximum annual assessment may be increased by more than five percent (5) above the previous year's maximum assessment only by the vote or written consent of fifty-one per- cent (51%) or more of the members in each Class; (d) Subject to the above provisions, the Board of Directors may fix the annual assessment at such amount within the maximum as deemed necessary to fulfill the purposes of said assessments. Section 4. Special Assessment for Capital Improvements: In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment, applicable to that year only, for the purpose of defraying in whole or in part, the cost of any construction, reconstruction, repair or replacer t of capital improvement upon the COUWlon Area, including fixtures and perso~al propercy related thereto, provided that any such assessment shall have the vote or written assent of fifty-one perc€nt (51%) of the members of each Class. -I I SecLion S. Notice and QuoLum of Any Action Authori~ed Under Sections 3 and 4: Any action authorized under Sections j or 4 shall be taken at a meeting called for that purpose,written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting. If the proposed action is favored by a majority of the votes cast at such meeting, but such vote is less than the requisite fifty-one percent (Sl%) of each Class of members, members who were not present in person or by proxy may give their assent in writing, provided that the same is obtained by the appropriate officers of the Association not later than thirty (30) days from the date of such meeting. Section 6. Uniform Rate of Assessment: Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates: The annual assessments provided for herein shall cowmence as to all lots on the first day o'f the month following the conveyance of the Common Area. The first annual assessment 'shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each lot at least thirty (30) days in advance of the annual assessment period, and written notice of the assessment amount shall be sent to every owner subject thereto. The Board of Di~ectors shall establish due dates for the assessments so that the same shall be payable in monthly installments of one-twelfth (1/12) of the annual assessment. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association, setting forth whether the assessments on a specified lot have been paid. Section 8. Effect of Nonpayment of Assessments: Remedies of the Association: Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of nine percent (9%) per annum. The Association may brine an action of law against the owner personally obligated to pay the same, or record and foreclose a lien against the property in accordance with the laws of the State of California, relating to the exercise of foreclosure power of sale (no~-judicial). In the event of action in Court, court costs and reasonable attorneys' fees shall be recoverable to the extent permitted by law. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Horlra'ges: The lien of the aseessments provided for herein shall be subordinate to the lien of any mortgage. A sale or transfer of an:,' lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish such lien. No sale or transfer sha] 1 H:lieve such lot from liability for any assessments the~~after ~ecoming due or fre", the lien thereof. -9 - '-" w. -..." toi E 805 P!:: 335 Section 10. Assessment SUlplus in Trust: No less than once each calendar year, the members shall receive an accounting of assess- ment receipts and disbursements since the last accounting. If such accounting shows that a surplus of cash resulted [rom assessments, the membership shall vote as to whether to refund all or part of such surplus to the members or whether to have the excess assessments carried over to future assessment periods and used to reduce future assessments. All assessments and dues are declared to be trust funds. The Association shall receive all assessments and dues as trustee for the various owners and shall apply said funds solely for care and maintenance as provided for in th~ Declaration of Covenants, Conditions and Restric- tions. Upon sale or transfer of any lot by an owner, the owner's interest in the trust fund shall be deemed automatically transferred to and there- after owned by the successor or transferee of such OHner. ARTICLE VII USE RESTRICTIONS Section 1. Architectural Control: (a) No building, outhouse, garage, fence, Hall, retaining wall, or other structure of any kind shall be erected, constructed, placed or maintained on said property, or any part thereof, nor shall any altera- tion, addition, changing, repairing, remodeling, or adding to the exterior thereof be made, unless prior to the commencement of any construction, excavation or other work, two complete sets of plans and specifications _ therefore, including front, side and rear elevations and floor plans for each floor and basement, and two plot pla~s indicatinp, and fixing the exact location of such structures, or such altered structure, on Lhe residential building plot with reference to the street and side lines thereof, shall have been first submitted in Hriting for approval and approved in writing by the Declarant or its duly authorized agent. Approval of such plans, specifications and location of buildings by the Declarant or its duly appointed agent shall be endorsed on both sets of the said plans and specificati~ns and one set shall forthwith be returned by the Declarant to the person submitting the same to the Declarant and the other shall be retained-by the Declarant or its duly authorized agent. (b) The approval by Declarant of any plans or specifications submitted for approval as herein specified shall not be deemed to be a waiver by the Declarant of the right to object to any of the features or elements embodied in such plans or specifications if and when the satre feature or elements are embodied in any subsequent plans or specifications for approval for use on other lots. -10 - ,'':;' 1 I ~ Cc) After such plans and specifications and other data submitted have been approved by Declarant, no building, outho 1Jse, p,arage. fence, wall, retaining wall or other structure of any kind shall be erected, constructed, placed, altered or maintained upo~ said property unless the same shall be erected. constructed or altered in conformity with the plans and specifications and plot plan theretofore approved by Declarant, or its duly appointed agent, as hereinabove provided in this Paragraph, Section II, and subparagraph hereof. Cd) If any building, outhouse, garage, fence, wall retaining wall or other structure of any kind shall be erected, constru~ted, placed, altered or maintatned upon said property, other than in accordance with the plans and specifications and plot plan therefore, approved by Declarant, such erection, construction, placing, alteration and mainten- ance shall be deemed to have been undertaken without the approval of the Declarant ever having obtained as required by this Declaration. (e) Following the expiration of one (1) year from the date of completion of any structure or. alteration, such structure or alteration shall be deemed to comply ,,,ith all of the provisi.ons of this Paragraph, Section II, and subparagraphs thereof, unless notice to the contrary shall have been recorded in the office of the Country Recorder of Santa Clara County or legal proceedings shall have been instituted to enforce such compliance. (f) In the event Declarant shall fail for a period of thirty (30) days to approve or disapprove any plans, specifications or plot plans submitted to them for approval, the same shall be deemed to have been approved. (g) Any agent or officer of Declarant may at any reasonable time enter and inspect any building or property subject to the juris- diction of Declarant, under construction or on or in which such agent or officer may believe that a violation of the covenants. restrictions, reservations, servitudes or easements is occurring or has occurred. (h) At such time as the record title to no part of said property or property abutting same shall vest in and be o\med by Declarant herein or after six (6) years after the date hereof, whichever occurs first, all of the provisions for the rights to and enforcement of the foregoing provisions for the approval of plans, specifications and plot plans shall be vested either in the Association acting by and thruugh an Architectural Control Con®ittee composed of such of its members as may be specified by the Association, or in event said Association shall not then exist, then in such a conunittee of three (3) property o\mers-in the said property as may be appointed by Declarant~ in which latter event, Declarant may, from time to time, appoint a new committee for such purposes and the authority of the old conunittee and the members thereof shall there- upon cease and terminate. Section 2. Land Use and Building Tvpe: No lot shall be used except for residential ?urpose. No building shall be erected, altered, placed or permitted to Lemain on any lot other than one detached single- family dwelling. -11 - 1 1 r ! i I . i E 805 i'!~: 337 Section 3. Dwelling Cost, Quality and Size: No dwelling shall be permitted on any lot at a cost of less than $100,000. based upon cost levels prevailing on the date these covenants are recorded; it being the intention and purpose of the Covenant to assure that all dwellings shall be of a quality of workmanship and materials substan- tially the same or better than that which can be produced on the date these Covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. Thp. floor area of the main structure, exclusive of garages, shall not be less than 2,000 square feet, nor shall it be more than 4,600 square feet inclusive of garabes. Section 4. Building Location: No building shall be located on any lot nearer to the front line or. nearer to the side street line than the minimum building setback lines in accordance with the City of Saratoga Ordinances. For the purpose of this Covenant, overhangs, steps and open porches shall not be considered as a part of a building, pro- vided, however, that this shall not be construed to permit any portion of a building on one lot to encroach upon another lot. Section 5. Driveways: Driveways greater than 50 feet in length and private access roads shall be maintained at all times in a condition acceptable to the Santa Clara County Central Fire District and the City of Saratoga. Section 6. Nuisances: No noxious or offensive activity shall be carried on upon any lot or the Common Area, no shall anything be done thereon which may be or may become· an annoyance or nuisance to the neighborhood. Section 7. Temporary Structures: No structure of temporary character, traileri basement, tent, shack, garage, barn or other out- building shall be used on any lot or the Common Area at any time as a residence either temporarily or permanently. Section 8. Signs: No sign of any kind shall be displayed to the public view on any lot or the Common Area without the prior written consent of the Association except signs used by a builder to advertise the property during construction and sales period, customary name and address signs, and a lawn sign of not more than five square feet in advertising the property for sale or rent. Section 9. Livestock and Poultry: No animals, livestock or poultry of any kind shall be raised, bred or kept on any loi or the Common Area. Dogs, cats or other household pets may be kept on private lots provided that they are not kept, bred or maintained for any com- mercial purpose. Section 10. Garbage and Refuse Disposal: No lot nor the Common Area shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shallnot be kept except in sanitary containers. All equipment for the storage or disposal of such illaterial shall be kept in a clean and sanitary condition. -12 - Section 11. Oil and Mining Operations: No oil drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or in any lot or the Common Area, nor shall oil w.el1s, tanks, tunnels, mineral excavations or shafts be per- mitted upon or in any lot. No derrick or other structure designed for use in boring for oil or natural gas ·shall be erected, maintained or permitted upon any lot. Section 12. Sight Distance at Intersections: No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet 8.bove the roadways shall be permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points of 25 feet from the intersection of ther street lines, or in the case of a rounded property corner from the inter- section of the street if said property lines are extended. The same sight .1ine limitations shall apply on any lot within 10 feet from the inter- section of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within sufficient height to obstruct such sight lines. Section 13. V~hicles: No trailer and/or boat, and/or truck and/or inoperative automobile shctll be kept or stored on: (a) Any lot unless enclosed within a carport or g3rage, or unless it is kept or stored on the.rear 50 feet of the lot and is not visible from the street; or (b) On the Common Area. Section 14. Antennas, To~ers, Poles or Structures: No antennas, towers, poles or any structure to be used for the purpose of receiving radio, television or related signals with the exception of equipment installed by a duly licensed cable television franchisee, or its successors or assigns, shall be installed, affixed, mounted or con- structed on the real property hereby conveyed, so as to be visible to the public view. Any variation from this covenant shall be subject to .Architectural Control Committee review. Section 15. Erosion Control Areas: Within the slope areas, no structure, planting or other material shall be placed or permitted to remain or other activities undertaken which may damage or interfere with or change the direction of flow of drainage channels or obstruct or retard the flow of water through drainage channels. The erosion control and sloped areas of each lot and all improvements in them shall be maintained continuously by the owner of the lot. Section 16. Common Area Alteration or Construction: Nothing- shall be altered or constructed in or removed from the Common Area except upon the written consent of the Association and the written approval by the City of Saratoga. -13 - E 805 ?~~: 339 Section 17. Lot Development: Declarant's transferees will .undertake the work of developing all of the lots included within said property. The completion of that work and sale, rental and other dis- posal of residential units is essential to the establishment and welfare of said property as a residential community. In order that said work may be completed and said property be established as a fully occupied resi- dential community as rapidly as possible, nothing ir. this Declaration shall be understood or construed to: . (a) PrevenL Declarant, its transferees, or its or their contractors, or subcontractors, from doing on any part or parts of said property owned or controlled by Declarant or its or their repre- sentatives whatever they determine to be reasonably necesary or advisable in connection with the completion of said work; or (b) Prevent Declarant, its transferees, or its or their representatives from erecting. constructing andmaintaining on any part or parts of said property owned or controlled by Declarant, or its transferees, or its or their contractors or subcontractors, such struc- tures as may be reasonably necessary for the conduct of its business and disposing of same in parcels by sale, lease or otherwise; or (c) Prevent Declarant, or its transferees, or its or their contractors or subcontractors, from conducting on any part or parts of said property owned or controlled by Declarant, or its transferees, its or their business of completing satd work and of establishing said pro- perty as a residential community and of disposing of said property in parcels by sale, lease or otherwise; or (d) Prevent Declarant, or its transferees, or its or their contractors or subcontractors, from maintaining such s{gn or signs on any of said lots owned or controlled by any of them as may be necessary in connection with the sale, lease or other disposition of the properties. As used in this Section and its subparagraphs, the \-lords "its transferees" specifically do not include purchasers of lots improved with completed residences. Section lao Insurance: Nothing shall be done or kept on the Common Area which shall increase the rate of insurance relating thereto without prior written consent of the Association, and no m-mer shall .permit anything to be done or kert on the Common Area which would result in the cancellation of insurance on any part of the Common Area or which would be in violation of any applicable law. Section 19. Landscaping: All landscaping installed by the developer along the emergency access road in tract no. 6528 and in Common Areas shall be maintained by the developer during the period of construc- tion and shall thereafter be the responsibility of the Association. All landscaping installed by the developer on private lots shall be maintained by the developer until the lot is sold and occupied. Within ninety (90) days after taking title, each owner agrees to improve, keep and maintain the front area of his real property in a neat and orderly appearance. The front .rea is defined as ~hat portion commencing at the curb line and -14 - 1 \ E 80S i'!~: 340 \ ext;ending to the residence-improved !'ortion of the real property. This time period may be extended by the Declarant or the Association, upon application, for causes beyond the reasonable control of the mvner. Section 20. Improvement Plans: A roadway adjacent to lots 68, 69, 75 and 76 shall be constructed to one-way standard width as part of the improvements installed for Tract No. 6528 and may be used as both a private driveway and an emergency access road. The Association shall maintain this and all other private roads in the development after conveyance of said lots with the exception of the road to the water tank owned and maintained by San Jose Water Works and which is provided for in Article IX, Section 2 herein. Section 21. Scenic Easement Agreement: A Scenic Easement Agreement has been entered into between the City of Saratoga and the Declarant for scenic easements in the development. Said Agreement may be amended only with City permission, and it shal] be enforced by the Associ- ation and may be enforced by the City of Saratoga, at the City's dis- cretion. ARTICLE VIII OBLIGATION TO REBUILD Section 1. Damage and Destruction Affecting Residences -Duty to Rebuild: If all or any portion of any residence is damaged or destroyed by fire or casualty, it shall be ~he duty of the owner of said residence to rebuild, repair or reconstruct said ~esidence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty. Section 2. Variance in Exterior Appearance and Design: Any owner which has suffered damage may apply to the Declarant or its duly authorized agent for reconstruction, rebuilding, or repair of his resi- dence in a manner which will provide for an exterior appearance and design different than that which existed prior to the date of the casualty. Application for such approval shall be made in writing together with full and complete plans, specifications, working drawings and elevations showing the proposed reconstruction and the end result thereof. The Declarant or its duly authorized 'agent shall grant such approval only if the design proposed by the owner would result in a finished residence in harmony of exterior design with other residences on the properties. Failure of the Declarant or its duly authorized agent to act within thirty (30) days after receipt of such a request in writing coupled with drawings and plot plans showing the full and complete nature of the proposed change shall constitute approval thereof. Section 3. Time Limitation: The owner or owners of any damaged residence and the Declarant shall be obligated to proceed with all due diligence hereunder and commence reconstruction within three (3) months after the damage occurs and complete reconstruction within nine (9) months after the damage occurs, unless prevented by causes beyond their reasonable control. -15 - = ARTICLE IX \ , CITY IMPOSLD CONDITIONS E 80S ?!~: 341 Section 1. Haintenance Covenant and Enforceability: The Association shall cause the Common Area, landscaping, improve10 ents, public rights-of-way, individual lots and Open Space to be maintained in good and orderly condition, repair and maintenance (including, but without limitatiorls of the foregoing, the replanting and. replacing of any trees that may become diseased, destroyed or die; maintenance of the earth surface and slopes - both natural and man-made -including subdrains, maintenance of natural vegetation in the Open Space, repair ar.d maintenance of all drainways natural and man-made, surface and subsurface -and appurtenate structures, maintenance of trails and pathways, repair and maintenance of retaining walls for private and public streets, repair and maintenance of private access roads and appurtenate structures, and repair and maintenance of silt retention structures and devices; but not including public street improvements from back of curb to back of curb, and the earth subgrade therefore, nor public storm drain conduits and inlet/outlet structures within the outside perimeter 6f the conduit)to the standards of accepta- bility of the City of Saratoga. In the event the Association fails or refuses to properly keep ~nd maintain said landscaping, etc., the City shall have the right, but not the obligation, to cause said upkeep and maintenance to be furnished and to record a lien against the properties for the amount of costs and expenses incurred by the City in furnishing said maintenance. Such lien may be enforced by the City in a civil action brought in any court of competent jurisdiction, or, in the alternative, may be assessed against the properties as a special assess- ment·and collected by the City (all provisions of law relating to tax delinquency being expressly made applicable thereto) . . Section 2. Water Tank Road: The upkeep and maintenance for the road to the water tank ·shall be in accordance with the Agreement between the homeowners of lots 61, 62 and San Jose Water Works. Section 3. Pools: No pools (except spas) may be constructed or permitted to exist in: (a) Tract 6526 on lot 19 of the Final Map; and (b) Tract 6528 on lots 6, 7, 8, 11, 12, 14, IS, 16, 17, 18, 20, 21, 32, 33, 34, 35, 36, 37, 39, 40, 42, 50, 51, 52, 54, 59, 60, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 74 and 75 Pools on the remaining lots are to be placed on slopes of 30% or less and will be subj ect to City Staff design revievl to insure correct placement in relation to trees and slope. Decisions of said City Staff may be appealed to the Planning Commission through the Design Review process. Section 4. Recreation Courts: No recreation courts may be constructed or permitted to exist on any lot. 19, 53, 73, Section 5. Design Approval: Construction of residences require Design Review Approval by the City. Individual house Design shall be -16 - i15 ", «, I E 80S r!;: 342 evaluated on the basis of compatibility with the physical environment and compliance with Site Development l'lan. Complete plans for all onsite grading shall be submitted for evaluation. All gradi~g shall be contoured so as to form smooth transitions, and all grading shall result in smooth transitions between natural and man-made slopes. Section 6. Fences and Walls: Fences, walls and hedges may be constructed or planted only per the City of Saratoga's HC-RD Zoning Dis- trict Regulations -"proximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 square feet". ARTICLE X GENERAL PROVISIONS Section 1. Enforcement: The Association, the Declarant, the City, and any owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should legal action be necessary, the prevailing party shall be entitled to recover its court costs and atlurneys' fees in addition to any other judgment or order sought. Section 2. Severability: 'Invalidation of anyone of these covenants or restrictions by' judgment or court order shall in no way . affect any provisions which shall remain in full force and affect. Section 3. Amendment: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association or the owner of any lot subject to this Declaration, their respective legal representatives, heirs, successors and assigns, for a ~erm of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless revoked by an instrument signed by not less than seventy-five percent (75) of the lot owners in each Class of membership and consented to in writing by the City of Saratoga. The covenants and restrictions of this Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the lot owr.ers in each Class of membership and/or by a court judgment and written consent of the City of Saratoga. and in no other way. Any such amendment must be recorded in the office of the Santa Clara County Recorder to become effective. Section 4. Subordination: It is further provided that a breach of any of the conditions contained herein or of any re-entry by reason of such breach shall not defeat or render invalid the lien of any Mortgage or Deed of Trust made in good faith and for value as to said premises or any part thereof; but said conditions shall be binding upon and effective against any owner of said premises Hhose title thereto is acquired by foreclosure, Trustee's Sale or otherHise. Section 5. Annexation: (a) Annexation Pursuant to Approval: Upon approval in writing of the Association, pursuant to a two-thirds (2/3) majocity of the voting power of its members, or the written assent of such members, excluding the voting power or written assent of the Declarant, the o~ner of any property who desires to add it to this DC<...i.aratiu,j and to subject it to the jurisdiction of the Association. may file of -17 -to '" , {L')i - ,~ , record a Declaration of Annexation as described i~ Section (5) (c) of this Article. The procedure set forth in this Section shall be in addition to and not in substitution for the procedure outlined in Section (b) of this Article. (b) Annexation of Other Real Property by Developer: The developer may, without consent of the'members of the Association or lot owners, annex any additional lanu described in Exhibit "A" allal:heu hereto and upon the completion of said annexation, the owners of the lots located in the annexed property shall become members of the Association and entitled to the use and the enjoyment of the Common Area. This annexation procedure shall be subject to the following conditions: 1. Any annexation pursuant to this Section shall be made prior to six (6) years from the date of the issuance of the most recent Public Report issued by the Department of Real Estate for any of the properties described. 2. The development. of tlH-' a·iditional tracts shall be in accordance with the General Plan of development submitted to the City of Saratoga with the processing papers for this tract. 3. Detailed plans for the development of each portion of the additional tracts shall have b~en submitted to, and approved by, the City of Saratoga prior to the development thereof. 4., There shall have been recorded with respect to such additional tract, a Declaration of Annexation or similar instrument making the lots herein subject to this Declaration, including provision subjecting said lots to assessment by the Association. Said Declaration shall designate which land is for residential use and which is for Common Areas, if any, to be owned by the Association, 5, Prior to the conveyance of any improved lots in a recorded tract located within the real property described in Exhibit "A" of this Declaration, fee simple title to the Common Area within said tract shall ·be conveyed to the Association, free and clear of all encu~bcrtinccs tind liens, except current real property taxes, which taxes shall be prorated to the date of transfer, and easements, conditions and reservations then of record, including those set forth in this Declaration. (c) Declaration of Annexation: The additions authorized under the foregoing Sections shall be made by the recordation of a Declaration of Annexation with respect to the additional properties which shall extend the scheme of this Declaration to such properties. (d) Complimentary Changes: Any Declarations of Annexations contemplated above may contain such complimentary additions and modifi- cations of the conditions, covenants, conditions and restrictions con- tained in this Declaration as may be necessary to reflect the different -18 - E 805 ?!s: 344 character, if any, of the added properties, to the ~xt~t not inconsis- tent with the scheme of this Declaration. In no evrent, however, shall any such Declarations of Annexation, merger or conswlid~rion, revoke, modify or add to the covenants established by this ill£cl~ration with respect to the property already subject to ~his DecllBra~ion, except as hereinabove otherwise provided. IN \VITNESS vlHEREOF, the undersigned, being the. J)ec)a,rant herein r.J/ _ has hereunto set its hand and seal this~ day ot: {~1dJV 19 79. BIACKI<lELL FK:MES, a partnership By JACK R. BIA~, INC. ~ '~..r7 r, Bl.~tC!:fc~c£~ / ck R. Be .. , . ( .' ,'~ " The undersigned, as Trustee, he.re~J =nsents to, a~oves, je-ins in ~ execution of and subordinates to tre foregOing Declaration of Covenants, Corrlii.ti-ons and Restrictions. -19 - ~;-J .,-- -"J }:-:- ~: -u~: -.~ ~~~ ~~ .r!~ ~_J ( .. ;<to 1 PARCEL NO.1: 158Gb5-C Pap;e 9 Lots 1, 2, ~l, 12 and 13, as shown upon that certain t-:ap entitled, "Amended Hap of the Subdivision of the Farr Ranch, being tht.: S. [. 1/l l of Sec. 26, par~ of the S.W. 1/4 of Sec. 26 and W. 1/2 of the N.r.. 1/4 of Section 37 T. 7 S. R. 2 W. H.D.H.", which Hap was filed for record' in the office of the Recorder of the County of Santa Clara, State' of California on July 26, 1907 in Book L of Maps, at page 90, a~d the East one-half of the Northwest quarter (East 1/2 of N.W. 1/4) of Section 35 in Township 7 S. R. 2 W. H.D.B. & H. EXCEPTING THEREFR0l1 a tract of land conveyed by Fra.nces Elizabeth Parker to George Rothermel, by Deed dated October 13, 1920 and recorded Octob;;r 16, 1920 in Book 521 of Deeds, at page 543, and Inore particularly described as follows: Beginning at the Northeast corner of thdt certain pit::ce or parcel of land described in I.Jet::d of Rudolph r. Ohln dnd Emma Ohm, his wife, to Frances Elizabeth Parker, dated May 19, 19:10 i.mel recorded May 2!:l, 1':l20 in Book 518 of Deeds, at page 87, Records 0 ~ Santa Clara County, State of California and running thence in a Westerly direction along the Southerly line of land belonging to G. Rothermel 64 feet; tht:ncl: in a Southeasterly direction 4!l feet; thence in dn L:.sterly direction 7"2 1/2 feet, more or less, to the Western lint of d piece or purcel of ldnd belonging to G. Rotherlrel; thence along sdid line in a Northwesterly direction 85 feet to the point of'beginnine, and beine a part of the Las: one-half of the Northwest Quarter of Sectiori 35 T. 7 S. R. 2 w. ALSO EXCEPTING THEREfROM so much thereof, dS conveyed by 'v'alley Title Company of San1:a Clara County, a corpocation, to Pellinsuld Recreation Inc., a corporation, by Deed dated Dt::cember 23, l'}SI:l and record",d December 23, 1958 in Book 4270 Qf Official R8cords, page 3G6, dnd more particularly described as follows: Portion of the Northerly 1/2 of Sectioll 35, Township 7 S. Rdll!.:e 2 W •• H.D.B. & H., and also portion of Lot 6 and Lot 11 of the "Subdivision of the Farr Ranch", a copy of which was recorded ill the office of the Recorder of Santa Clara County ill !.look L a f Haps, dt page 1, and an amended.copyon file in Book L of Maps, page 30, and being more particularly described as follows: neginning at a point which I)ears S. RGO '.!"I' \,,1 E4.00 fet!t f,"')r:\ the corner common to Lots 6 and 8 of said Subdivi!>ion, said common corller being also the Northeast corner of the Lasterly half of the Northw€:st <Cont'd on llext page) EXHIBIT "A" -Page l~of 4 - J. ~) I I .~-, l S IJ [) 10 :~ -c: !'dge 10 E 805 i'!:~ 347' quar1:~r of said S~c1:iol\ 3S; said point L>t!::'llg ,:csignutcj 011 ;;di:! ~,,:,divisioll Map as "f-ll", thence from said [,.::lint of ber,illliing dloC1r. tht ;;:.;utherly line of Lo1:S S and 9 of said Subdivision ,Lid the llorthcrly lille of sdid Section, S. 89° 27' 'vl. 1,272.30 fe"'-t to d 3/:," iron pipe ft'orn which point lies a 3 x 3 redwood stdke l;\arked 8/9 :,,,,dI'S :1. ll,)o 27 1 1:, S;J.7'j feet; 1:hence S. 0° 51' 05" 1:. 2,314.UO feet to <.l 31 1," iroll pip", r.ol1uIT,(;;nt; thence N. 43° 32 ' 30" I:., ::'0'1.04 f",,,,t to d J/"" iron lJi;:>e mOl1uIT,en1:; thence N. 33° 26' 40" !:. 521.96 fi::el: to d 314" iron pipe r.iOilUl:ll.!n~; thence N. 69° OG' 10" 1:. j3CJ.29 f\:!t'!t to d 3/4" iNn pipe monument; thenct:: S. 50" 41' 41" E. 222.98 ret!t 1:0 d 3/4" iron rip!! r.unument; thence 1<' GO 0' 0" E. 550.00 feet 1:0 a point: in the cent~r line of d creek fr0m which point a 3/4" ix'on pip~ monum",nt bedrs :I. l,o 00' (JO" L 30.00 feet; thence along the centt!r line of said creek 11. bJo 45' UO" L. 84.;>2 feet; N. 14° 23' 00" r:. 230.17 feet; N. '/70 DO' 00" L 87.00 feet dI\J I;. Ij 3° 21' 10" [. 319.90 feet 1:hence leavinb the center li:.e of said ct't!ek N. 10° 30' 00" r:. 40.00 fee"t "to d 3/4" iron pipe monument lyirq7, ill the center line of Prospect Ruad; thence dlolq.; the cent:",r l:"l.e of said road; N. 83° 39' 30" \-1. 103.79 feet to d 3/"" iron pipe HlOnU/T,erlt; thence N. 73° 04' 30" H. 91.52 fet!t to d 3/4" iron pipe mOllUlTU'et; tl. &1° 0'1 1 30" W. 83.30 feet to d 3/4" iron lJipe I:10nuIlUlt; Il. 24° 12' 10" H., 1'13.41 feet 1:0 a 3/4" iron pille monumt!rl"t; N. 03° 12' 20" 'd. 127.S1 feet; Il. 35° 29' 20" W. 64.!!2 feet to a 3/4" iron pipt:: Ir.onUI:1ent dnd S. 60" :'3' SO" W. 12'.40 fe .. t; t:hence 'It::dving said center line <lnd rUl1ni!lr, iL ~'J0 06' 10" W. 20.DO ft::et: to ct 3/'1" iron pipe 1:!C.)IlUment lying ill the H:>t'th- westerly lin~ of said rOdd; 'thencf:: U. 00° t~G' 30" 1.4. lt~.97 fet!t tu trlt point of beeinning. ALSO EXCJ:PTING Tli[El:rl\O~l that portion theI'<:uf cunvey",j 10 the :>a1l Jose ~later \o,/orks, by Deed ddted Jdlludry 'l, l'jhl ",;lIe! f'e<..:ord",d Jdnudt'v lU, 1961 ill Book 5037 of Official I<.ecords, j)dDc:'b3, d.::scriOtd as fo1luw5: Beginning at dn iron lJiy", at the most I,u;'thtorly curroe)' u! Pdceel "8" as said pcirct::1 is shown elll that certain Pecord of :';urvey 0: !~c!.:j Jio. 1107 of the San J.::lse. ''':dt",r '\·Iorks I\SSe~;Sll\el\t l.ot ;:0. 2L J, ci:Hi recol'tl~d in Book 128 of naps at rag", 17, l'<ecords of :';,lIltd C'ldt'd LJUnt:!; tl!"I\';e South llOo 27' 1.:o3.5t lU.3~ fc~t "to <ill iron ripe; theIlCto' frolf. a tdll!:Cnt that: b"'-drs South 119° 33' ;;",st curviIlP. to the left throu[.h d:l dIlf,le of GSo 30' with a radius of DU.Ou feet for an drc dist.<"nce 'Jf bo.:,'J feet to dn iron pipe; thence taIlg«nt to the leist :Jlenticr.e<.: CL;r';e ;~()uth 15° 57' LaSe 103.00 fe~t to all iron pipe; t:\ellce t.angent to lhe lii~,t mentioned courSe, cut'vinc to the riGht throui:h all o:1.11l.;le ·Jf lc4° 11,' 3U" with a radius of 92.00 [",eL for dn arc dista;lce ,:>f :J{J~.ci:i feet tJ dn iron pipe; thence from a tdngt.:ll"t that bears ;Iort)) 11° '.2' 30" 14,-,51: dnd leavinr, said curve North GO 00' Last 23.87 f.::et; theJ\ct UOl'th 53° 11&1 East 84.22 feet; th"'-nce "ol'th 14° 23' Last 1'.'3.11') feet to d11 ir'on p~pe (COJlt' J ull next Pdf,e) EXHIBIT "A" -Page 2 of 4 15855S-C Pdge 11 E 805 ?~:: 348 in the Northerly 1 ine 0 f t:h~ dbove men t:ioned parcel "B"; -:''::.enCe alcng said Northerly line Ilort:h 81° 13' Last: l17.58 feet to the ;-oint of beginning. Being all of PdrCl~l "B" as shown on the dforenentioneJ Record of Survey. Together with tho:: parcel of lanJ first l,<!rein Jescri:",d nil bdsement for the purpose of ingress and egress, and the instdlldti::r. dntl Eaintenance of public utili t:i~s and sewer pipe lines over, under dlld across the following described parcel of land: Beginning at a point which bears S. tlgo 27' W. [;4.00 feet from "the corner common to L:>ts 6 and 8 as said Lots are shown cr. the nat:' of the Farr Ranch, hereinabove referred to; said common c:::-ntr tJeing also the Northeast corner of the Easterly one-half of the ~;0rthwest quarter of Section 35~ T. 7 S. R. 2 W., H.D.B. & H., said !:Joint bein[. designated on said Hap of t.he carr Ranch as "f-ll"; thence from sdid point of beginning S. 0° 46' 30" 1:. ',5.97 feet to dn iron ;;ipe; thence S. 29° 06' 10" L 20.00 feet: to an iron pipe set in the c.:c::.ter line of Prospect Road; thenct:! alont; said cent:er line of Prospect Road tl. liDO 53' SO" E. 12.40 feet to a 3/ll" iron pipe found ilt an c±ngle point: '[herein; thence continuing' along said center line of Pros~C!ct Road S. 35° 29' 70" E. 64.82 fet:!t t:o a 2" x 2" hub Set: in the cen:",rline thereof at an angle poin t therein; t:hence continuin£ along said ce.;:u:cr 1 ine 'J f Prospect Road S. 03° 12' 20" L. 127.51 feet t:) a 3/4" iro!: pipe found at an angle point therein ; said p0iIl't being the True Poin:. of neginnin~ of this description; tht:!nct:! S. GSo 47' SO" \1. 20.00 feet; :ht::nce S. 18° OS' W. 211.19 feet; tht:!nct:! Suutherly and Easterly dlo~l d curve to the left wit:h rt r"ldius of 80 fee't and t:hrough d ct<ntr",::' =.ngle of 95° SO' for an arc distance of 133.Bl feE!t; thence S. 77° :...:" [. 74.00 feet; thence Lasterly and SOll'therly along a curve to the ::-:E;ht with a radius of 40 feet and through d. cE!ntral anf,le of 117 0 115 I :'01' an drc distance of tl2. 21 feet t:o a point. of compound curvature; -":,cllce cO:ltinuing Southerly along a curve t:o <:he left with d radius of 200 :<:.,1.: and through d central angle of 13° 17' 20" for an arc distance of 45. ::'1 feet; thence S. 26° 12' 40" W. 76.70 f"'t!t: t:o a point which bears S. 5o~ :'8' 10" L., 15.00 feet from a 3/4" 'iron pipe monument; thence :i, -:0 DO' 00" L. 87 feet; thence N. 25° 29' E. 78.14 feet; thence Northc~ly dnd WE!sterly along a curve to the left wit:h a radius of 100 feet and t::~.["Qur,h d central angle of 103 0 14' for an arc distance of 180.18 feet; t:he::.ce N. 77° 45' 'W. 77 feet; thence W.:est:erly and Northerly dIan?, a curve t: the rif'.!lt ... ith a radius of 20 feet: through a central angle of 95 0 5: t for dll arc distance of 33.45 feet; t:hence H. 18° 05' L. 53.00 fet<t; :::,,-IlCe Cll'Jnt; a curve to the right with a radius of 30 feet and through ,~ central (Cont'd on next page) EXHIBIT "An -Page 3 of 4 angle of 94° 15' for dn <1re: uistdnct of 113.3i> feet; ~hl:!no;l:! :;. '~E() 40' r:. 97.00 fee"t; thence II. 2IJo :'5' 30" r. )O.Oil feet to d 3/4" ir''.)11 pipe m::>nument found in th", cent",!, 1 ine :::l f Prospect P.OdU; thl:!llct:! d.lonr; till:! center line of Prospect: Road, N. Gl° at,' 3D" ' .. :. ·';3.30 feet to d 3/1," iron pipe monuml:!nt found; thence cOllt:lnuing alonr the centt::rlinl:! of Prospect Road, N. 24° 12' 10" H. 1'13.41 feet rJ "ttl", true point of oeginning. PARCEL 110. 2: COMMENCING Cit the cOlrunon corner for Sl:!ctions 2:', 26 ,1J1U 35, Township 7 South, Range 2 West, I-I. D.H., rUllning thellce Svutr,crly dlonl~ t~~ Easterly linf:: of said :;",CtiOIl 35, 5.25 chains; thence at richt dn!~1t.!s Westerly 20.00 chains; thence dt right aneles Ibrth 5.25 chains to the tlorth line of said Section 35 dnd thence at rip;ht: dllgll:!s L..lst<!rlj 20.00 chains to the point of heginning, and beinr ci j)<irt of thl:! [as t (,11<.:-ha1 f of the Northeas\: qUdrter of Sl:!ction 35, in TO\J/lshiF -j :;outh, !'\dJ1f'.e 2 West, M.D.B. & M., t08",th<>r with d 1'i[',ht of WdY 15 fc<>t I,-;id" ,doni: the East linf:: of the aforesaid Northedst quarter of Section 35 fro~ th~ above des·cribed land to the point of interseccioll of the rOddwdY dt the Southeast corner 0 f the 30 acre tract t;rdllted lJy Jd!;. L. GClrdon and Carrie H. Gordon, his I"ife, to ;..'I.n. G. Cotter and l~lt:!dnor G. C-.ltter, his vlife, by Deed dated March S, 1B'J4 and recorded llarL:h 5, 10'34 ill Book 1(;9 of ut:!ed:;, page 2ti, Sdnta C1dra Coullty f-:",cor.:is. EXHIBIT "A" -Page 4 of 4 ~-a:...l1'Z~ COKPAHY we, .l,~&$'l Pli (A~c"""'qd .. ticm) Wh*. Z'aClqJ:dli4,.au to I VAl,~t~T~t:l~,l~QY 30·0'"il. J'!rat Stn"~ SUJo", ~ nU3 .. 7129435 ....... l1li_01 'V""DI'Co~ AUG 41981 R1DAN ~A.MANN SJIIta IiIn ...,..:RECoRDE:"!. -"'1. Off.Jt!lIll!!e~rrJ WDDM. tbeze w.. tned for ~co!:d a t)ec11l%'~tlon of "strictiO!UJ,' d&1:e4 Au~t 21, U7J. a.cutelS by alackwall EOIIWUI, a putnenh1.p and Val.lay Title Cpmpany. a co~:I:'&tion, ana Z'e- cor4ad September 20. U19 in ao~ ZB~5 of Qffic=3.al beords, pai-r,Ii ~26. atfectinlJ all. of !r'rac~ Ho. 6526, Which Jl\ap w.,s fj,J..4 for: I rec~d. "in tlse office o~ t:ha lt8coftler: of tha County of SaJ1ta Clara. i State of Cal:Ua=1a. on Auguat 23, .1919 in. BOCllk 448 o~ Mapa, ~t page. 25, 2' anc1'2~_~ SAnta. Clar~ COunt.y ~l;!orcl.; and ~r tlle Ulldfl~&igned is the :ec:or'" owner of all of' t\ the l"ota ill .aid ~~act J and ~ wHlmBAS. the undersigned. aa ~er of all of the lots 1n~.ld ~r.CI~ 6526 de.ires to amend and modify said Dec~ration by c:ha~9'in!J1 Section 6 of Artiel. :tX; NCH. !1'UB2tFO'RE, ttle unde::aignad, .a owne~ of all of the lot. in uid Tract. 6526. does' h.~y &1ftend, and mod.ify said DeClAi'&~on of Datrictions by cb&ngihg the tOl~owin!l paragl:'aph; ~.ckicn 6. Pence. and Wallsi Fence., walls and 'hedqe., ma:r be constructed Qr: pliiit.a only pel; ~. City of saratoga'. SC-RD Zoning District Regulationa --proximate to the p:z;:$.ncipal 8tl:ucture and. in no event to 8nolos8 0%-encompua an axe. in eXCels. of 4.000 BqUa~ feet-, ~,type ot fenCing shall be l~ted to open wire mesh on wood frame. • All ()~er te:m8 and concliUons of the Deelaration of Res~ri~tion. hereinabove referred to shall remain in full torce . .and .ffect • . . ':.. . f:oUf: ~I............... ..nu .. .cl.u .... ·." .. " ..... Ju. .... " .... " ............ t.e."br.all" .. " ................................. h_ H ., " •• ," ......... '" ....... ~ ................................... ~ .............................................................................. _.a.a.t......................... ................... . ..... ...... _I .11. -,.,.,w. ,.... HHfHt4 ,., ..u.w. ., ItntMtI ....... IIN'IIf, tfIII Il1H __ It ., It t, It, #H".t/) ..... ~ /II, WUOW. llIrirII ....... kittt/i of Mi m~~ NHfII _t4 H4 HHwt/"'~t4 It •• ,... Ittfj "r,.Hftt. ffItf\Iff4 M. HII .. . -.......... -t· ....... Itd .•• ««_ .................. ~ .. ,.?/~ " ..... , ........ VALLEY TITLE COMPANY Escrow # 172653 "ACCOMMODATION" Co. Bill # 364-44-3 & 364-44-1 Code Area 15-039 WHEN RECORDED MAIL TO I I Parker Ranch Homeowners Association c/o Blackwell Homes 125 East Sunnyoaks Avenue I ~Campbell, CA 95008 ~ MAIL TAX STATEMENT TO NO SALE Name I Corporation Grant Deed INDIVIDUAL The undersigned Grantor declares '~he '~ax to be Address City & State SAME AS ABOVE Coun'I'y Transfer Tax $ ~-~O~--,--__ _Equity ___ Full Value L City Conveyance Tax $ _-~O~-__ _ VALLEY TITLE COMPANY, a corporation, does hereby GRANT TO PARKER RANCH HOMEOWNERS ASSOCIATION, the real property situate in the Ci ty of Sara toga, County of Santa Clara, State of California, described as follows: All of Parcel A and B as shown upon that certain Tract entitled, "Tract No. 6526", which Map was filed for record on August 23, 1979 in Book 448 of Maps, pages 25, 26 and 27, Santa Clara County Records. THIS CONVEYANCE IS MADE AND ACCEPTED AND SAID REALTY IS HEREBY GRANTED SUBJECT TO THE DECLARATION OF RESTRICTIONS RECORDED IN BOOK E805 OF OFFICIAL RECORDS, AT PAGE 326, ET SEQ., AND SAID DECLARATION OF RESTRICTIONS IS HEREBY INCORPORATED BY REFERENCE INTO THE BODY OF THIS INSTRUMENT THE SAME AS THOUGH FULLY SET FORTH HEREIN, AND MODIFICATION RECORDED AUGUST 4, 1981 IN BOOK G254 OF OFFICIAL RECORDS, PAGE 627. R£CEIVEOSEP 1 t"! . (/ 1981 WITHOUT WARRANTY EXPRESS OR IMPLIED IN WITNESS WHEREOF, said corporation has cflused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, thiAth day of August ,19 81. VALLEY TITLE COMPA.~~Xa.·corpOra.tion ~7!f-..;;rJ "21 1-" L /:2!-:"' // p'/y...,..._. . B .c. .. '" <~".,.r' l .:.--c /'L~·-t Pete Borello, Executive Vice' 'Pr~sid'e~r" STATE OF CALIFORNIA COUNTY OF SANTA CLARA cIl:y .................................................................. :;-.. .. On this4th day of August ,1<81 . before m" Carole Edwards', a Notary Public in and for said County and State personally appeared Pete Borello known to me 10 be the Executive Vice Preside"! """ btt~~ffte::;!e:=bedb:e ::£@l;~ of the corporation that executed the within and foregoing instrument, and also known to me to be the personr who executed the within instrument on behalf of the corporation therein named and acknow- ledged to me that such corporation executed the same. CAROLE EDWARDS NOTARY PUBLIC • CALIFORNIA Sante Clara County My Commission Expires Apr. 9, 1982 VTC _ 103 R 1 · VALLEY TITLE COMPANY .~SCRQW ~Q~0~72653-l (CE) Wh~C~~HPaed, mail to: Ieodei aldie retat 01 Valle!) Title Company Valley Title Company 300 S. First Street San Jose. CA 95113 MODIFICATION OF DECLARATION OF RESTRICTIONS APR 2 3 1982 8:or,:M. G 742 P!GE 383 GEORGE A. MANN, Recorder T,TU"REAS h D 1 . f -.. s.a Clan CwIIJ, 00'1Cial itcds ~nL ,t ere was a ec a~at~on 0 Kestr~ct~ons, executed py VALLEY TITLE COMPANY, a corporation, recorded September 20, 1979 in Book E805 of Official Records,' Page 326 -349, Santa' Clara County Records, affecting all of "Tract No. 6526", which Hap was filed for record in the office of the Recorder of the County of Santa Clara, State of California on April 23, 1979', in Map Book 448 at Pages 25, 26 and 27; and WHEREAS, the undersigned, as owner of more than 75% of the lots in said Tract No. 6526, desires to amend and modify said Declaration by changing Article I, Section 3, Page 1; Article I, Section 5, Page 2; Article VII, Section 3, Page 12; Article IX, Section 3, Page 16; and Article IX, Sec:ion 6, Page 17, thereto -NOWTHEREFORE, the undersigned, as owner, does hereby amend and modify said Dec1~ration as to Article I, Section 3, Page 1, Article I, Section 5, Page 2; Article VII, Section 3, Page 12; Article IX, Section 3. Page 16; and Article IX, Section 6, Page 17, and henceforth said Section shall be as follows: REC FEE MICRO UENNOT SMPF Article I, Section 3, Page 1: "Property" shall mean and refer to that certain real property hereinbefore described as "Lots 4 thru 9 in- clusive, and 14 thru 19 inclusive, Tract No. 6526, and Parcel "A" as shown upon that cerfain Parcel Map recorded March 12, 1982, in Book 497 of Maps at Page 19, and, Parcels "A" and "B" as shown upon that certain Parcel Map recorded March 12, 1982, in Book 497 of Maps at Page 20". ---~--1- 1 Article I, Section 5, Page 2: "Lot" shall mean and refer to any plot of land shown upon the recorded Subdivision Map of the property, as amended by recorded Parcel Map, with the exception ot the Common Area. Article VII, Section 3, Page 12: Dwelling Cost, Quality and Size; No dwelling shall be permitted on any lot at a CORt less than $150,000.00 based upon cost levels prevailing on the date these covenants are recorded; it being the intention and purpose of the covenants to assure that all dwelling shall be of a quality of workmanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The floor area of the main structure, exclusive of the garages, shall not be less than 2,000 square feet. The design of all structures to be built upon all lots situaeed within Tract 6526 and 6528 shall be subject to the re- strictions and procedures set forth in Ordinance No. NS-3.47, the Design Review Ordinance. Article IX, Section 3, Page 16: Pools: Pools are to be placed on slopes of 30% or less and will be subject to City Staff Design Review to insure correct placement in relation to trees and slope. Decisions of sa.id City Staff may be appealed to the Planning Commission through the Design Review process. Article IX, Section 6, Page 17: Fences and Walls; Fences, walls and hedges may be constructed or planted only per the City of Saratoga's HC-RD Zoning District Regulation -"proximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 square feet". Fencing to be wood frame with wire mesh. -2- 1 -. , • • i I ~ .i 1 ~ ,~ ~ ~ ~ • ~ a; • 1, I' o • , •• . n! J ~ I~ j:: ;:: " , .,! L • •• · -. ~ n I~ 1: !.:: , .. ... . .... " 1 ' " . , !' i ;1, d I) !I'~ •• 1\ <I -.. v • • • i • . . -J 0. .. . '1 . . a " .! '1 •• •• '. •• , r l. ., II!~ '~ - "''' , 't" .. , ~l J" alll ~.' !) alii e q l! . '1 ., \Jli l ' I ~ t l . I II' Iii .~I l'!I'-!' : '1: l ' i;,i:.~! J • I"~ • ' I . 1·1 , , I' I! II , ,il I'lle-" ,\i'I('\ i "l j' 51 'I' ' 1. 1 I:i ~ (D V i\.LLL 1 'J.' ~ .. !,:Lb \""Ul"l,r'" ~:-u~ .1. ESCROW NO. 175491 PB \-;Then Recorded Return te' Filt:! DECLARAT rON OF Iu~NEXATION'" H191p~GE 2B THIS DECLARATION is made thiR 7th day of Dec~rnber , 1982 by VALLEY TITLE .COMPANY, a California corpor.ation, hereinafter referred to as "Declarant", with reference to the following: A. Reference is hereby made to that certain, Declaration of Covenants, Conditions and Restrictions for Tract No. 6526, recorded on September 20, 1979 in Book E-805 of Official Records, Page 3~6-349, Santa Clara COlmty Records, State of California, (hereinafter referred to as "Declarant") B. Declarant is the sole owner of lots 1 thru 3 inclusive and 8 thru 13 inclusive of Tract 6528, and Parcels "G" and "H" as shown on that certain Parcel Ma~ recorded September 1st, 1982, in Map Book 504, at Page 7, more particularly described in Paragraph "D" below. Said property constitutes a portion of the real property desc~ibed in Exhibit "A" of the Decla,:ation referred to hereinabove. C. Section 5 of Article "X" of said Declaration provides that all or part of th£: l:eal property uescrib,d in said Exhibit "A" may be a~nexed to Tract No. 6526 and added to the scheme of the Declaration and subject to 'd:-.,e jurisdiction of the Parker Ranch Homeo\'merc; Association ur;on the conditl.om stated in said Sections, by filing of a DecLu-ation, pursuant to subseetion b-l, 2, 3, 4 and 5 of said article. D. Blackwell H,)mes has complied with the conditions stated in subsection b-l, 2, :3, 4 and 5 of Article "X", Section 5, of said Deciaration and hereby declarHs that the real property located in the City of Saratoga, County of Santa Cla;"~' State of California, described as: 1. Lot: 1 thru :) inclusive and 8 thru 13 inclusive as shown upon the Hap of Tract 652&, which map was filed for reco't"d in the office of the Recorde:!:' ()i' the County of Santa Clara, State of California on May 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41, and Parcels "G" and "H", as shown on that certain Parcel Map recorded September 1st, 1982, in Map Book 504, at Page 6, being residential lots and parcels, and Parcels "A", "B", "c" and "D" being the Common Area Parcels, as shown on the Ma? of Tract 6528, which Map was recorded on May 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41. shall hereafter be held, transferred, sold, conveyed ar.d occupied subject to the Covenants, Conditions, Restrictions, charges and liens set forth in said Declaration and by this reference thereto said Declaration is hereby incorporated herein, all of which shall run with and apply to and be binding upon all parties having or acquiring any right, title or interest upon said real property and ever1 part thereof as a servitude in favor of each and every parcel thereof as the dominant tenement or tenements. -1- H191p!GE 29 E. Date of Co~encement of AnnuaL Assessments: Due· Date: The first monthly installment c.f the annual assessments provided [or in said Declaration shall commence as to alL lots.descrlbed in Parusraph "D" (1) above on the first daj of the first month following the date of recordation of this Annexation. EXECUTED this 7th day of _1 .... ).t::e "-c ... e"'ml1.bUec..Lr ________ 198 2 President STATE OF CALIFORNIA, ....... J IS. Counly 0/ ............. p..~D.t~ .... C..l9~9 .. . On .... .Pe.c..e.m.~~e.~.7.1 .... 19..6.~ b.-Iou m, a Notary Public in and lor said CJunly and Siall jJrrIonally aPPlaud ........... );.e.!iL Ty.l.~;t" ................... . ............. ino,,·. 10 mt 10 br Int ,I\!'I.$ ;(..$.t.i3,D..!: ... .Yi.q~ ........... P",iJrnl ~ ........................ ......................... . ............. *~lGKJlKHmcXIK .......................... . ......... XXt~ 0/ lilt cur/ora/ion 'ht!1 IX((UltJ "it tfJ:;thin and fortgoing instruml'nl, and OI'SO l-nown to m, to hi thl prrson (I) 'Who tXfCu/,d tl" 'fA. 'IMn inslrumtnl on br1ialj 0/ tilt corporation Illtrd" namld and acknowlrdgtd to ntt thaI such corpora/ion txuultd 'h' samt . ~ ~' ~" VL LAVERDE NCT~ ~y ?L'5l1C • '.:AlIF()RNIA ".!.,hP;" C:"ARA COUHTY ~v C..,'nmiuion Expire, tA,H. 8 1985 ~~'T'~"""""" .... ---.. J .. t/.<kL1dL.~.tLu ... Notary Public ACKNOWlEDGMENT-CORPORATION VTC.f27 H191 P~GE 30 753725.1 \~ \ C\. \. ~~ "2.. S leanWet ....... ., Valley Title Companp DEC. 81982 8:OMM GEORGE A. MANN, Recorder s.ea an c..e" Of ....... DECLARATION OF ANNEXATION 7904186: day of _M:...:..:::(J~V_''eIJ1:.:..:...b:::....:-e...:../''' __ • 1983 THIS DECLARATION is made this ~O by VALLEY TITLE COMPANY. a California c04poration. hereinafter referred co as "Declarant", with reference to the following: 1113 :'!GE 496 A.~fe;cence is, herby made to that certain Declaration of Covenant Conditions and Restrictions for Tract No. 6526, re<?orded on September 20, 1979 in Book E~8Q5 of Official. Records, Page 326 -349,. Santa ClaraCoun- ty Records, State of California, (hereinafter referred to as "Declarant") B. Declarant is the sole owner of lots 14 and IS, 20 thru 22 inc- lusive. 37 thru 40 inclusive and ~ot 76 of Tract 6528, and Parcels "E" and "F" as shown on that certa';'" Parc~':' Map recorded September.·lst, 19-$)~. t::. Map Book 504, at page 7, and Parcel "K" as shown on that cer- tain Parcel Map ~corded March 3rd, 1983, in Map Book 509, at page 49, more particularly described in paragraph "D" below. :"Said property constitutes a portion o£ the real property described in Exhibit of the Declaracion referred to hereina~ove. C. Section 5 of Article "X" of said Declaration provides that all. or part of the real property described in said Exhibit "A" maybe annex.ed to Tract No. 6526 and added to the scheme of the Declaration and subject to the jurisdiction of the Parker Ranch Homeowners Association) upon the conditions stated in said Sections, by filing of a Declaration, pursuant to subsection b-l. 2, 3. 4 and 5 of said article. J> D. valley Title Co. has complied with the conditions stated in subsection b-l. 2.. 3, 4 and 5: of Artic~e "X", Section 5·" of sa~d Dec- laration and hereby declares that the real p4"operty located in the City of Saratoga: County of Santa Clara, State of California, described 'as: 1. Lots 14 and 15, 20 thru 22 in~lusive, 37 thru.40 inclusive and lot 76 as shown upon the Map of Tract 652.8; which Mapwas filed for record in the office of the Recorder of the County of Santa Clara, State of Cali·fornia on May' 3rd, 1982, in Map Book 499, of Maps at Pages 35 -41, and Parcels ''E'' and "F" 'as shown on that certain Parcel Map recorded September 1st, 1982. in Map Book 504, at page 7, and Parcel "K~ as shown on that certain Parcel Map recorded March 3r&,1983, in Map Book 509, at page 49, being residential lots and' parcels, and Parcels "A", "B n , "'C" and "D" be';ng the C .... ommon Area Parcels, as shown on the Map· of Tract 6528, which Map was recorded on May," 3rd, 1982, in Map Book 499 , of Maps at Pages 35 -41. shall hereafter be held, transferred. 'sold, conveyed and occupied subject to the Covenants. Conditions, Restrictions, charges and liens set forth in: safer DeclaratiQn and by this reference thereto said Declaration is hereby incorporated herein, .all of whcih shall run with. and apply to and be binding upon partie~h~ving or acquiring any. right. title or interest:upc)U. said real property. andew~ry partther~ofas a servitud favor of each and .' '11 'of as .;1 .E. Date of Commencement of Annual Assessments: Dne Date: The first monthly installment of annual assessments provided for in said Declaration shall commence as to all lots described in Paragraph "0" (1; above on the first day of the month following the date of the first closing in each respective phase. EXECUTED this d! C day of 2~~ , 1983. VALLEY TITr.E· COMPANY, a ::i#i-rpor6:A STATE ~ CALlf'ORNlA,. } """-of ..... J.fL'lJi:LJJlA.ltN .................... &s. .. Qt ••• .7Wf/!!..~ .. s5.~ ... /.q.f~ ............. _muNor¥yPublicin_for_CDunty_SrlItei»=nM/y __ ... ~Jt.ec .. -&..~~ .................................... #mown 10 _orp_ ro trW on _ ~Df _imlcro.y",,_ ro ,.-... ~fJAA?!-:f!.! ... 210./ .. ~r_ .................... ' ........................................ .. '. Mmeo=prpyec1!OQM:",.,....b.yjsotpb·' ). ";II 1;1 ........ ' ....... "' ........................................................ _ •••• _~ of -~ _ exeatted _ ..,; __ fotegoing instrumo!nr. _Ills<> known to _ or p_ ro 1M on fhelNlsis of utimlcrory ""_ 10 bIHhe~(sJ _executed _ "".-min instrumo!nr on bt:haIfDf fheCO¥pOnltion _",in named lind acknO!lVlecig«l ro me thar sud> ~rion ex". RECFEE MJCRO UENNOT SMPF \ - _ .......... A-t)41M.~ ..... _ .. ___ ._ 7004186 ""'11 Ie ... " Va/ky Tide Company DEC.! 1983 8:00AM GEORGE A. MANN,' Recorder . Sell a. c..." 00irW .... No~Public ACKNOWLEOGMENl:.cORPORATlON VTC-121 ;'-. .' Co, Bill # Cod. Ateo H..m.~ r :1>.<1<1",,,, 1~~'" L 366-48-26 15-039 i,K ~::;~=i±:~~~,;!~O~:=' .. ';;:;I;:;t;,i,~:::) ~k< i . '. ';j:i;/:: "-'" , ' :', :,' <:"'" ,"d .""",;~,;¥."·~,t,\,',·~ .. ·~,~",: .. ,.': .. :.,, •. , ,i.")~i,:.:.',:.,f"", k~1:1':Ci~h}~,:~:~:~;~iif~~~~'·6·;~~~:~i~;~a~ti~D 652~ '(parke: ~~):;,'a~~~i'~~' t, ~;< "ith~lJiap.,,~~~:ttled:'fox:~~xecOr\i.onMay;3. 1982 in,~ook '~,~9 ," , ,i""" .. :",.,.,.i,,,,,.:~ •. _,',:.,',:,., .. , ... :~ ... ,.: •. '.'-, .... ',".',.~'.='".,"' ...... :: ........ ;... ... " ':""""~"":~"':'I:,:',;I, .. ", ·':iSthl::Q.~'41~:;');i ... ".;,'.> .• ,' .. ,' ... ',', ..• , .• ,.... ,,'.:., .... '.,. , ',. ii,.,'·" . ".," i',·"'·,,, """,.,., . --._-_.-.-----~ -.---.------.-.---:" --_ .-:-.. --.. ,. . : ->.", ".' ",.:::;':".,-.--:;:-:," ".,' ." :.~.: .~-~ ~~'," ." . J .. :.--.', ":,~~~.' ":,'::;' ~'>;> .. .': ',,'-·~~~:;:··~F{~:.X·~:~~~.;' ;:',::;,;.;~.:\:~j'. };~,~~ ~"::Y ,~!i:,:~:;/:'~(f%: ~,~.,,;, . . ..... :,' ,', Ex.cepti:n.q;'ftom. all;,' the "aL'O'Ve • the·underground:~ater'~r'ight.Sit~i~):no~;j~;4\:;.::;E~ . "'~~9hto~:s~';:~t:l:y'<;qr,an~ ~y.V'ageY.·Ti:t.l~:Company> to;; S~i'Josewa~~i.~1~\f;.; ~,(.:.~,i';~.,.a. .cal.ttorrlia:'~atl.on.hy· l.llstrwnent . dated.June4,{ .15S.21;andi~'\"'Y';'~,<:i E,.·~;.:IllIte:~t~~(~i~9~~;:~,~,;,G839· ,O(:~f£icial:necO~s~,:.~ge·):l.:'i:;:·,):.i:~::,·';;; ;,clbis;cooveyanceis'mad~and~~ted and said realt}, l~:h~reby·g;~'lt~ ",:: subject to the<declaration of restrictions recorded 'In, BookE805 of" OfficialReccrds .atpage 326 and said {feclarationsof restrictions are ... ,~ hereby incorporated by 'reference into the body of this instrument the , same: as though fully set forth herein, .and modification. recorded in .;/ :;:.c' .. ; .... Boo~IG254o'fOfficialRecords' at page 627andmodificationr.ecoroe<i. in .....,;';' Book: G14CofjOff)~iaLRecot'ds;at:page 383 ,and .modification:recot'de<i;in:· .' .... > •.• Book: H19l:'of Official'Records. at page 28 and modification "recot'de<i"in :;;;;:~~~~;,.:;:~ Book"ltt3' or'Official Records, 'at page 496. " ":''':::;''':';" WITHOuT:'~~:EXPRESS,OR lNPLttD. . <,;.<, C i" ,::;:,>~,.;~~~ ,J .... , "-"~".' ' ' -.. 'j.:' '." ' '" . -, .. ;,'~ , ,": ,~,' ,.' .. ',:,' •••. ' ,.' ';'r'.--,,-,' j '. ..' ' .. :-.::..,-: " ' ~ ;';" .' , ',., ... , ""'~'-.. " _-:'. -'~~'~"-'<~' .. ~ .. " -. , ." ' .:... . .-.". ~ ~~'~~:.,:;::.,,:.-:.-:.<' ...... ~-::.<~:~{ . U.J...·W1TNESs:WH~EOF.:~;:~tiora has. cauSed ik.C'Oq)OI"ate ume and seaJ 10 be.~ffixed ~re~o Ztnd this.,''.'tt~"!~t t~.'bet~uted bY,,~'i~;;\;:,~J. duIy""thati2ec!,~ thi~ 'lOthl"y' of JanuarY .1'184 . i.'; .. ",':, .. :.:.,. ~~~;vf:~ir~~~ Name Address Cify & State VALLEY TITLE COMPANY Escrow # Co, Bill # Code Area 366-48-26 15-039 WHEN RECORDED MAIL TO 79S1·126, Vi Recorded allhe requesl of alley Title Company iThe Parker Ranch Horreowners Assn'l c/o Blackwell Homes 'JAN .1 9 1984 8:00AM GEORGE A. MANN, Recorder Sanla Clara C{HIDly, Of£icial Reeords L I L 125 East Sunnyoaks Ave. Campbell, CA 95008 MAIL TAX STATEMENT TO Same as above. VALLEY TITLE COMPANY, Corporation Grant Deed INDIVIDUAL I 240 i).~Gf 33 NO CONSIDERATION Deed out of Holding Agreement The undersigned Grantor declares the tax i·o be County Transfer Tax $ -0- _ Equity ___ Full Value City Conveyance Tax $ __ -_0_-__ a corporation, does hereby GRANT TO THE PARKER RANCH HOMEOWNERS ASSOCIATION the real property situate in the City of Sara toga, County of Santa Clara, State of California, described as follows: All of Parcels C and D of Tract No. 6528 (Parker Ranch) according to the map thereof filed for record on May 3, 1982 in Book 499 of Maps, pages 35 through 4l. Excepting from all the above, the underground water rights with no right of surface entry granted by Valley Title Company to San Jose Water Works, a California corporation, by instrument dated June 4, 1982 and recorded June 11, 1982 in Book G839 of Official Records, page 33. , This conveyance is made and accepted and said realty is hereby granted subject to the declaration of restrictions recorded in Book E80S of Official Records at page 326 and said declarations of restrictions are hereby incorporated by reference into the body of this instrument the same as though fully set forth herein, and modification recorded in Book G254 of Official Records, at page 627 and modification recorded in Book G742 of Official Records, at page 383 and modification recorded in Book Hl91 of Official Records, at page 28 and modification recorded in Book 1113 of Official Records, at page 496. WITHOUT WARRANTY, EXPRESS OR HlPLIED. IN WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, this 10thiayof January ,1984 STATE OF CALIFORNIA COUNTY OF SANTA CLARA On this lO·thday of l ss. January ,1984 a Notary Public in and for said County and State personally appeared known to me to be the Executive VALLEY TITLE COMPANY, a corporation By •••••• -~t;: ..... i?;;:;;~.-:l!J: .... · ............... · ..... : ..... : ... : ....... : ... : .. Pete Borello, Executive Vice President By .................................................................................................... ~ ....... , ............... .. , before me the undersigned Pete Borello President M1X ~¥J«(Xil!(X~)i[ilO{~ :£iMrWNi.j{ of the corporation that executed the wil·hin and foregoing instrument. and also known to me to be the persons who executed the within instrument on leh f,of the corporation -therein named and acknow- ledged to me that such corporation executed the same. , \ r') .................. ............oj .. zt~;ft~it\Q· .... · .. · .. ··· .. ·········· MAIL TAX STATEMENTS AS DIRECTED ABOVE VTC -103 R I us ESCROW NO. 'TRl\CT NO, l75491-PB 6528 When ~ecurded mail to VALLEY TITLE COMPANY 300 South First Street San Jose, CA 95113 ---.. ....uP .... i......"f,.~01 Valle!) JWe (':r)mpan!) JUN 22 1984 8:00AM :RG£ A. MANN, Recorder a.v. CoeRIy, OffJCi&J I1W1rd. :1 ~c:.r:::: ;,.r.~3B3 . u..-... ... v _ This Declaration is mQde this 4 day of June, 1984 by VALLEY TITLE COMPANY, a Califor·nia corporation, hereinafter referred to as "Declarant", with reference to the following: A. Reference is hereby made to that certain Declaration of Convenant Conditions and Restrictions for Tract No. 6526, recorded on September 20, 1979 in Book E-805 of Official Records, Page 326-349, Santa Clara County Records, State of California, (hereinafter referred to as "Declarant") B. Section 5 of Article "X" of said Declaration provides that all or part of the real property described in said Exhibit "A" may be annexed to Tract No. 6526 and added to the scheme of the Declaration and subject to the jurisdiction of the Parker Ranch Homeowners Association upon the conditions stated in said Sections, by filing of a Declaration pursuant to subsection b-l, 2, 3, 4, and 5 of said article. C. Valley TitLe Co. has complied with the conditions stated in subsection b-l, 2, 3, 4 and 5 of Article "X", Section 5, of said Declaration and hereby declares that the real property located in the City of Saratoga, County of Santa Clara, State of California described on Exhibit "A" attached hereto and made a part hereof shall hereafter be held, transferred, sold, conveyed and occupied subject to the Covenants, Conditions, Restrictions, charges and liens set forth in said Declaration and by this reference thereto said Declar~~ion is hereby incorporated herein, all of which shall run with and apply to and be binding upon parties having or acquiring any right, title or interest upon said real property and every part thereof as a servitude in favor of each,and every parcel thereof as the dominant tenement or tenements. D. Date of Commencement of Annual Assessments: Due Date: The first monthly installment of annual assessments provided for in said Declaration shall commence as to all lots described in said Exhibi.1: "A", on the first day of the month following the date of the first closing in said phase. EXECUTED this ! day of ~, 1984. VALLEY TITLE COMPANY, a California corporation BY: . STATE OF CALIFORNIA, } ss. County of •• , •...•••...•• S 9.0.1;~ .. C.l.C\ r.C! .......... ' .. " ., .. . On ••.•••.•. J.IJ n~ .. ~., .. 1.Q~.4 .......................... ,before me a Notary Public in and for said County and State personally appeare( ............ P.~ t.E: .• e.Q r.~ .l.l.Q .................................... known to me ~r proved to me on the basis of satisfa~tory evidence to be the. '" .. JI<.~.C; \1:1:; .i.Y ~ .. ~ J.e; ~ .......... President ita~ ............................................................... . MO)M<ttI)tJX/l{r:»~~i()6~)M(O!.t¥J:I)!I~:tI~~Yd(i<Ye)(cli}0)b#'.iII~ .................................................... -*'*~ of the corporation that executed the within and foregoing instrument. and also known to me or proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the corporation therein named and acknowledged to me that such corporation exe· cuted the same. VTC·!2 I 655;>~Gt385 EXHIBIT ItA" PHASE 2-C LOTS 47 thru 58 inclusive of Tract 6528 as shown upon-the Map of Tract No. 6528 (The Parker Ranch Unit No.2), filed for record on May 3, 1982 in Book 499 of maps, at pages 35 thru 41, Santa Clara County Records. Parcel "I" (Lots 45&' 46) as shown upon that certain parcel map filed for ,record on September 1, 1982 in Book 504 of Maps at Page 4, Santa Clara County Records. Parcel "J" (Lots 59 & 60) as shown upon t:hat t::~rtain parcel map filed for record on September 1, 1982 in 504 Maps, at Page 5, Santa Clara County Records. Name Address City & State RECORDII'-IG REQUESTED BY Escrow # 175491 Co Bill # 366-48-26 Code Area 15-039 WHE~IrArgo~~fk'ik,¥L :iZ2mch Homeowne s Assn. C/O Blackwell Homes 125 East Sunnyoaks Av Campbell, CA 95008 '-ic~;:fit ;!' . j /o~·-I '", " i. , : 8098045 Retorded al lIre requesl of Valleg Title CompanD JON 1 81984 8:00AM GEORGE A. MANN, Hecorder Santa elm County, Orrimilleturds I 638f'·'GE 93 MAIL TAX STATEMENT TO I' Corporation Grant Deed INDIVIDUAL (!/1)"y>"V)~ C?<.(!4<J Transfer Tax $---- ( ) Full Value SAME AS ABOVE ( ) Equity L VALLEY TITLE COMPANY, a corporation. does hereby GRANT TO THE PARKER RANCH HOMEOWNERS ASSOCIATION the real property situate in the County of Santa Clara, State of California, described as follows: All of Parcels A and B of Tract No. 6528 (Parker Ranch) according to the map thereof filed for record on May 3, 1982 in Book 499 of Maps, pages 35 through 41. Excepting from all the above, the underground water rights with no right of surface entry granted by Valley Title Company to San Jose Water Works, a California corporation, by instrument dated June 4, 1982 and recorded June 11, 1982 in Book G839 of Official Records, page 33. This conveyance is made and accepted and said realty is hereby granted subject to the declaration of restrictions recorded in Book E805 of Official Records at page 326 and said declarations of restrictions are hereby incorporated by reference into the body of this instrument ·the same as though fully set forth herein, qnd modification recorded in Book G254 of Official Records, at page 627 and modification recorded in Book G742 of Official Records, at page 383 and modification recorded in Book H191 of Official Records, at page 28 and modification recorded in Book 1113 of Official Records, at page 496. WITHOUT WARRANTY, EXPRESS OR IMPLIED. !N WITNESS WHEREOF, said corporation has caused its corporate name and seal to be affixed hereto and this instrument to be executed by its duly authorized officers, this 4tl1iayof June ,19 84 ...... v.hJ,l:.!~X ... ':['.J':r.):,..];i; .... <:::Q~.l?.~NX, .... a, .... <:!gEP.9.:r:.a.:"f::.:i,gn _.,P /-/£-~u.~e2o By .......... / ... je. ....................................................................................................... . Pete Borello, Executive VicePresident By ...... . STATE OF CALIFORNIA l COUNTY OF SANTA CLARA j IS. Secretary On this,. 4thday of June ,19 84. before me the undersigned a Notary Public in and for said County and State personally appeared Pete Borello known to me to be the Execu ti ve Vice President XOOX I;X~K )toX 0<!~::Q{~:!WiX X:l!iM*M~ of the corporation that executed the within and foregoing ,nstrument, and also known to m~ to be the persons who executed the within inshumen: f~.7 n beh If of the corporation therein named and acknow- ledged to me that such corporat,on executed the same. . ............... i ...... a~~L~?L ............................. . Notary Public VTC 103 Rt -. r·· VALLEY JITLE COMPANY VTC# 172651 'PB WHEN RECORDED MAIL TO: VALLEY TITLE COMPANY 300 S. First jtreet San Jose, CA 95113 I~H ff~,:,; F ! ~t : .. -,_! I 8i222ie TT. ~'""~ltI "-'1Uey Tia q"Company JUL 1 i'l"984 8:00AM ~~ A MANN, Recorder '-tr, (l{f.a.J icicft. MODIFICATION OF RESTRICTIONS 1708 :'~GE:lUG WHEREAS, there was filed for record a Declaration of Restriction, dated August 21, 1979, executed by Blackwell Homes, a partnership and Valley Title Company, a corporation, and recorded September 20, 1979 in Book E805 6f Official Records, page 326, affecting ~ll of Tract No. 6526, which map was filed for record in the office of the Record~r Of the County of Santa Clara, State of California on August 23, 1979 in Book 448 of Maps, at pages 25, 26 and 27, Santa Clara County Records; and affecting all of Tract 6528 which Map was filed for record in the office of the Recorder in Book 499 of Maps at pages 35-41 Santa Clara County Records. WHEREAS, the undersigned is the record owner of 75% of the lots in said ~ract Nos. 6526 and 6528; WHEREAS, the undersigned is the record owner of 75% f the lots in said Tract 6526 and 6528 does hereby amend and modify said Declaration of Restrictions by changing the following paragraph: Section 3. Pools: No pools (except spas) may be cons- tructed o~ permitted to exist in: (a) Tract 6528 on lots 12, 14, 15, 20, 32, 33, 34,37,39,40,42,43,50,51,52,53,54, 62, 63, 64, 65, 66, 67, 68, 72, and 75 (b) Parcel J as shown am· the Parcel Map fi led for record on July I, 1982 in Book 504 of Maps, Page 5, Santa Clara County Records (c) Parcels M and N as shown on the Parcel Map filed for record on May 25, 1983 in Book 513 of Ma~s, Page 17 in Santa Clara County Records ,(d) Parcel E as shown on the Parcel Map filed for record on September I, 1982 in Book 504 of Maps, page 8 in Santa Clara County Records. Pools on the remaining ~0ts are to be placed on slopes of 30% or less and will be subject to City Staff design review to insure correct placement in relation to trees and slope. Decisions of said City Staff may be appealed to the PlanninO Commission tt1rough the Design Review process. The approvals for pools on Lots 8, 21, Parcels F, Land K are to be reviewed and aDProved by the Planning Commission at the time of the Design Review of the main residence. All nther terms and conditions of the Declaration of Res t ric t ion s I, '" rei nab a v ere fer red to S 11 a I Ire III a i n i n f u I If,) r c e and effect. Uated: April 16, 1984 VALLEY TITLE COMPANY, A CORPORAT I ON /) './ /)1 1 / / /((" /).--j,-" / -, ,;;/ / BY: / /?~!~,,:'~":;"'1_--.[.:..j'_' ______ . f:e-te llo re 110 Execlltiv(' 'Jice !'I'(·sid'·)l\. VALLEY TITLE COHPAN:t VTCI 172651 PB I 708 :>',GE 107 ADDENDu('1 OF MODIFICATION OF RESTRICTIONS /'U ~-G~ -Susan H. Mann ~t~J CITY OF SARATOGA HEREBY CONSENTS TO THE FOREGOING MODIFICATION OF RESTRIC'nONS. STAT" OF CALIFORNIA COUNTY 01' SANTA CLARA CITY OF SARATOGA BY: On ........ ~. ~.1.Y .. ? t .• 1.~~.4 ..................... before me, the undersigfled, a Notary Public in and for said County and Sr"re. persoo41fy app-~n!d ... ~ y. tlJ. ,5, .. ~ ,-, . ~. 0.1. 9n ................................... known to me or proved to b8 such UY' tne oath ot If credible witness to be the person wf:ose name is subscribed to the .... ienin instrument as witness thareto, who, being by me duly sworn, depoied and s.aid: Thlft .. h e .... . ",si<i6s in ...... :3.il fl.t.a ... ~ Lil.f.9 .. C.Q .•... : rha,. .. h.~ ...... waspresenrand saw ... M. C .•.. J.O ho.so.n •.. ko.ow.IJ .. t.O .. him ... . t9 . .I:> e .. .t hg. ? .re.~ i.e!~. n.t .. Q f. . M,.~ .... ~.O.fi t(~ P.~.1 .. 1 Nc.. .•.. il.fJ~ .. k n.QWO .. t.Q .. b.lm .. t.O .. b.e .. th e .. p.e r. so n ~~g. ~2R~g~Igd~~l·~~ t~ i,\\· ·tH~lr:~~~·Wt·c8?n8·r~N 6·nQ~)J.8~t£~P~P.R&a ~ ~~g. tg!18 e inn ame( *'-~~~x·;; )(·x K ~~'1("1t~'l.cfmlcR v;w;t/1'!<1<t}(mt}(<X I<>X?l~<$QI(I«p;.)qXX X.X x~"IQ~~)('~ ~~d/jIleXIll~XrXa'( )O~)i.:lttX XX) ~~l'O~l(""~~l<rX.>tXXX X.X.~W x,x,XW rharsaid affianrsubscribcd .1:1.t s .... name rherero as 8 witness. STATE OF ;:ALIFOR""A COUNTY OF SANTA CLARA WI TNESS my hand and official stUll. WITNESS ACKNOWLEDGMENT VTC·l ~8 On .... , .. -1 V.\ Y,C; ~·U ;.~~.4 .. C· . '1' ..... , .........• be'oro me. the b·nd''''9n.d •• Noto'Y Publ,c in .nd lor , .. d Co<mry .nd Sr.,_, ,,,"..,,,,,ell,, (l{Jp*lIntd ..•..........•..• '1 •• y.Q ,..Q n ............................... known '10 (1J~ Of provfld (0 b<' such by Ihn OI"h of II Cf~(flhJe WI/'fl~~.r :,::';h; P4l'I'JSa (fta ncT ~ ~glCrc~u~ t4" within in.rthu~tfmt u wittllJU thf'lfftro, who,. bt1inf.. by mil aUI,. ,worn. rll!f]nltfd #HId 'lfld: Th.t t] r.. ,. . Re vno' l·d"s· .. ·.,.. r"o' v"e" .. ·C··· S""" Y.r·: "'Ol. ·8·········· w"/?,.,,,ntr nd uw .. tl rye e L. Re V no 1 d s, 1 0 vaL { Il r 1 n s eve t t R ;:, 1 . .... ........... ' -, ..... , .. , " . • S {n's'l e' y'" .... :::·t· e·'······ 'H':' .. ·M ...... · .. ··~·\ .... · ... '1 .... ! ..... ~~ .. ~Y. . ...:~~Y(11.9~. d .. D~. ,S.1. n.~ ley, V rl~n.-i "j ~)(in ............. Y .... Y~I,1 .... , .... iHl.TJ .. qM .. ~.I,J~.;trj H. Miln n .... . ..... .. ,. . .•...• • .1\ •.•••••.•.••. , ••.•. , .... ,ptlr,ofltlIlV Anown ro ,f),},rn., ..... w bft u.. p41nonS .••. , .. d'}SCfilHHi In Mld...no '1fKutrtd th. wirhin inlCflJmfmt II, p",rct ~ S u....... I d . . +M . . ... W#rt.'!IU, sl'}n, J~llJ ItI't I1ftl,,,,,, til" ''''1'1'11'1: rh.,t UIICt 1""( 1 e S KlcllowlMJf1II(I to Mid ~ffl."t tfr.r ."'.~Y .. 'l(<<urtJd rh~ unJ,,; M1d rh8r l.jid ,ff;fill! sublCrlt~d. n i ,S .. n.mt> '~,;:'vto ,ft. W/fnvu WlfNESS my ItMtd *nd oille'illuMI .. STATE cr CAL:fORNIA. } c 'unty 01" , " ' " , , ' , "S ,i\ (l,t p." C, l.iH.'L , " , , ' , , ' , ' " " ' " " ", On ....... J u 1 y. .. 2 oJ •• .1. 9.a~ ............................. ,before me a Notary Public in Bnd for said County alld St<lttJ p8fSOIJIiJlV lJppeaftld ......... P e.t e. . .a. OX e. \ J o ...................................... Iwown co me or proved (0 me on the basis of sBtlsfacrorv tJvidonce (0 M the""" •..•..• ,., .I;:.l\~.<; ~.t.i,yg .. V .i.<;.~ Pre,idenl ovlll X "" ........ ,.".-,"',.,'" )tJ)tJ)V<l(/IO~ifr¥>IQ~l(lt>lblt)M«()I\~,)(s»K:;lUlt~lIe){doD\:>ltJl(16K ..•.•........... , ...... ,."".",."., .. "",.,.,., .3I1lV'b<.It\X of chit corporation rh4t executed rhfJ within Bnd foregoing instrument; and also known to me or proved to me on the basis of satisfactory evidenct,' to be the person(s) who executed the within insrrumenr on bellalf of the corpor~.on therein named Bnd acknowledged to me that such corporation eXt]- CtlttJd the sami!. State of California ~ COunty of Santa Clara) SS It" On this to day of personally appeared (or-pJ:'O'\1'Crl-to--me'on -t ""'" ". fl1ill~h, fLu .. "." Notsry Public ACKNOWLEOGME'NT-CORPORATION VTC·121 woo executed the within instrurent as president (or se=etary) or on behalf of the =qDration therein na.rred and 3cknowledged to Ire that the =qDration executed it. JA.,'c/ cf. I't!;qL . Grace E. Cory, DeE" City Clerk j • I • ... • "'w " -' " •• • '. • •• •• • • ... ,_,,_ '"'' ." ",.11" ' ..... . '" ... ,,. .... ,'. , .. ,"''-, .... '" , . _."" " "" ........ . • " , ,,, ,."to I,." ,_,,, • "., ." .... .. • 1''''''-I" LI"""". , ..... ' ." ',. ' .... '" '-"'" .I!, ."" ,,' .. ".. ,.,. -. ', . •• . , • .. .. .. " '" ... ' .. ' .. ........ ·c ''-, h .• • • ._" .... '" . , .... , .. .. ........ " .. " ."',.-' "'I"~ ..... ' •• •• '. '., " >, H, ,'... " ,., , " . , -, -, -. ....... ,., "., ,." .. -" ',. • ,"-" " . ,._" ," " .. .... ,,. .. " .. ..... ·m •.• '" , ... , '., ., """" " • .. .. .. • ... . .... " • _' ,,', ••• HI .•• '" "I, ./ .",-, ... """. " .... " "" ••••• ' .. " n,,, ',-'. , ..... ' " , ......... , •. ,"' ..... " I ' .... ,. _ ". ...." >'.,. "." ., ... t, .. " """L '." ", ....... " ... H '" ",_ ,,, ._"', " •.• ,. F ... n ........ . " .... ' .... ,' .... ", ......... " '-... • >,-.• " ......... , .... ",. • ., '''''' ". """ .... "_",, h .. " .,." ", ., .... _'.' I " '"'' " ... " .. " 1,_,.,,_ · "'"'''''''''' ~ ,.". " ...... " "." ,.,,, ...... , ,,' .,.,,, ... ,, ". """., C ...... ". " '" " ... , ... "".' ....... r '" .m "" ..... " .. , .". '., ",., "'0' .. , "." ..... '" ... •. " ·.'''n' .to.,,' .""._ •• .-..,\,,'" .. ,.1' • • • • • I j , I = • , ! I I , • .' ....... • .... _ .. \it, ,- " -'"-." .. ~ .. ..- " \F , _\\-(.~ \.," , 1,," \ ,'/ -..... ...... ,,,.--,".,..,,",, , ...... ' -'.' ....... " ... ~., I ' -~---- ~ -~ !~.':.~'~ 'Ii# -~-----,-...k .U..u'I~.l.1J -._",,-- " ... , .. ,,"'> ".. ---_._ .... _------_ ,,,., ,. 10,.. _ •• __ •• _. __ •. __ -----_._._--_.---...... --.--_ .... _ ...... , .. " ..... , -,. --r.-.. ,,, <, .... ".<. I." ~ •• ,.'-", ... , .. , "'" 'f, "",' "" ." .".,', •. , .. ,(", "." I ... ,,,.,,, .... , ................ ,..... --'-' ", . . -:-::-::' _._------..... " -.--... ---------_ .. _-------, .. ... --.. -....... ---- -"--._-"---"-_ ... .._.-- - ".m. VALLEY'TITLE COMPANY ESCROW NO. 196322-5;.' PB APN# 366-50-Parcel D WHEN RECORDED MAil TO Mr. Robert M. Clary 20298 Ljepava Drive Saratoga, CA 95070 if MAIL TAX STATEMENT TO r ~L \J::1L_.....I--"~1 !~'N:') EASEMENT DEED JOI NT TENANCY Recorded at the request of Valley Title Ccmp~i,y JUL 21986 8:00AM LAURIE KANE, Recorder Santa Clara County, Official Records J 750 PAGE 1 GO () NO CONSIDERATION T romler To, $--,,---, - ddt." SAME AS ABOVE ( ) Full Valuo ( ) 'Equity ~ity , it .... L THE PARKER RANCH HOMEOWNERS ASSOCIATION, a California corporot;on, doe, hereby GRANT TO ROBERT M. CLARY and ADRIENNE Y. CLARY, Husband, and Wife, AS JOINT TENANTS. tho r •• 1 property ,ituot. ;n 'he City of Saratoga County of Sonto CJ4ro Ste:tc! of Colifornic:l, described 0$ follows: SEE EXHIBIT "A" ATTACHED FOR LEGAL DESCRIPTION !N WITt.:ESS \VHEREOF. ~ci.:i CO(;o(~tjon t'", cO.l~ed j~s corpor<'1tc nom>;> lH10 ~eo! to bQ oHi.llod herolo and thi~ ;:,,:~!rument to be c~oculed b l dtJly "~J!;'06led oH;cers, f~,;~ Is t d,,), of JULY !S 6 ~ IUlIlIU!lJ;IJlIIIIUIUlllIllHI1:il1I111:~II::!.!:!' II!!I:: ;~::!!I:III;ililJjjIW':'= R"'~~'" Oh-IC'hl S.oAL =0 (.L',','~),' SHIRLEY NWHOLS § \'lid£:,t, N,olary Public-Calitom,& F ~--.:r.~ SANTA CLfviA COP/,TY '" -•• ¥. My co,r.m. E>.pirQs F(:b. 12. 198; ~ 111111111111111111 HUIII UlUlIlllJllJIIj]j STATE OF CALIFORNIA COUNTY OF SANTA CLARA On tho, 1st doy 0; a Notary Public in and for s,,;d County "no Sta1~ persoMUy appoored kno ... tn to me to be the Vice - THE PARKER RANCH HOMEOWNERS ASSOCIATION {)lifor;p~a ... ~rpor... . ()n: ..... . /~' ..... ~ Secretory . h.for. me 'SHIRLEY NICHOLS CYRUS J. SOLON. Presidon' ond GLENDA M. VICKERS kno ..... n to mt to bo the S~CrCtlory of ti;! corporotion thot eJ,ecutod tho within <'1:'1d forego;r,g indrumsnt . .,nd,a!so known to me to be ~hc person$ who Olccutcd the within il'l~trum(!nt~n...heh,,!f (Jf tho4por<3lion therein MHl,('d Mel crb10w, - EXHIBIT "A" J750PAGE1601 A Private Sanitary Sewer Easement for the benefit of Parcel J, said Parcel J being shown on that certain Parcel Map recorded in Book 504 of Maps at page 5, Santa Clara County Records; said Private Sanitary Sewer Easement being for the installation and maintenance of a Private Sanitary Sewer Lateral for said Parcel J and lying within Parcel D as shown on the Map of Tract No. 6528 which Map was recorded in Book 499 of Maps at pages 35 th~u 41, Santa Clara County Records; said Pri va te Sani ta~'y Sewer Easemen t being more particularly described as follows: . Beginning at the Northeast corner of said Parcel J said Northeast corner being also a point on the Southerly Line of Star Ridge Court, a Public Street, which Street is shown on said Parcel Map and on said Map of Tr~ct No. 6528;. thence along the Southerly Line of said Star Ridge Court along the arc of a curve to the left from a radial bearing of South 50°24'20" West with a radius of 247.00 feet through a cell~ral angle of 35° for an'arc distance of 150.67 feet; thence leaving said Southerly Line of Star Ridge Court radially South 15°24'20" West 15.00 feet; thence leaving said r ad i all i n e Nor t h 68 ° 1 1 ' 5 6 'I We s t 76 .. 9 8 fee t j the nee Nor t h 62 ° 50 ' 40 " West 90.00 feet to a point on the Southeasterly Line of said Parcel J, said point being South 50 0 24'20"'West 40.00 feet from said Northeast corner of said Parcel Jj thence along the South- easterly Line of said Par~el J North 50°24'20" East 40.00 feet to the pOint of beginnir.g. REC fEE ~ RMF ( ..!i!f!,O I tiE/I SMPF PCOI: When Recocded Retucn To: FERRARI & FERRARI 300 Second Street, Suite 107 los Altos.CA 94022 CERTIFICATE OF SECOND AMlliLMENT TO DE':":,>.RATION OF COVENANTS, CONDITIONS AND RFSrRICTIONS FOR THE PARKER RANQ! SUBDIVISION 9t;390S1 . " ) (.1 ~ Sf.J~i L. . ! . .:.:. I.;' HTY ; ~ r':..h . :"i~ t. L (~ K683PAGE 972 9839051 K683PAGE 972 Ronald Hay certifies that he is the President of The Parker Ranch. Home- mmers Association, a California non-profit mutual benefit corporation, and that the DECLARATION OF COVENANTS, COllDITIOtlS f.I1~D RES11UG'rrONS rocorded September 20, 1979 in Bock E805, Page 326 of Official Eecords of santa Clara County, California under Recorder's serial No. 7345104, affecting 1'r2:::t No. 6526 as modified by ~10DIFICATION OF DECLARATION OF RESTRICTIONS recorded Apr:l 23, 1982 In Book G742 at page 383 of Official Records under Recorder's Serial No. 7345104 has been amended pursuant to Article X, Section 3 thereof by an instrument signed by not less than seventy-five percent (75%) of the lot owners and by the written consent of the city of Sar~toga. The SECCND AMENDMENT TO DECLJll<ATION OF COVHWlTS, CONDITIONS AND RESTRIC- TIONS is as follo\~s: The second sentence of Article VII. section 19 Wilich previously read, "ylithin ninety (90) days after taking title. ouch oimer agrees to improve, keep und maintain the front area of his reCl1 pl'operty in a neat and orderly appear- ance.1I Is hereby amended to read, "1'Iithin thirty (30) days of recelVlnq a Cer- tificate of Occupancy, each owner·;agrees to ,improve, keep and maintain the front area of his real property in a neat and oraerly appearance, Within one year of receiving a Certificate of OCcupancy, each new owner agrees to complete landscap- ing of the front area of his real property. Each existing owner agrees to com- plete landscaping of the fcont area of his real property within one year pf the recording, 'of, this Second Amendment to the Declarati?~\?f Covenants, Con~i tions and RestnctIOns." [-11I<K.Cf( J<:..f\rJ W It 111£ t!vJ/JE1r1' A s;:::(<" (II TI{) rJ Dated: £ /ZG.'? , 1988 //ti/(;tf) :L r 1\onald Hay, President -- STATE OF Cl\LIFORNIA COUN':Y OF SANTA CL.ARA ss. On thisUday Ofr;'u';(J(-t . in the year ~. before me, fl15if:~_J_·_. a tlotary Public, sta~ california, personally appeart;!d Ronal d Hay, personally ~:nown to me (or [lroved to me on the basis of satisfactory evidence) to be the person who executed the wi thln instrument as President or on behalf of the cor- poration therein named and acknowledged to me that such corporation executed the vlithin instrument pursuant to its by-laws or a resolution of its board of direc- tors. set my hClnd and affixed Iny official s8<11 in Californio. the day and YC:,1r in ·_tlis CCl'tifi- , " Recording Requested By: When recorded Bend to: parker Ranch Homeowners Association P.O. Box 3077 Saratoga, CA 95070 G!2 fEE 1 1 , ~~F 5 J --- ;:l;;' ~:J I 1 --'-' U!.~~ !>:-'~PF =:l -"'1"'--r-. !t r-:-', ....... : lTTORNEY HI1 Zl 3 53 fH '91 Oft ;(,1:1. "!::CORDS SANTA CLARA COUNTY LAURIE KANE RECORDER l 723PlGE 05 4 8 AHSNi>MBh"l' 'l'0 DECLARATION 011 COVJ!lNANTS, CONDITIONS ~ RESTRIC'l'XO~S WHEREAS, a Declaration of Covenants, Condi tions and Restrictions, daced August 21, 1979, executed by 1:':1ilGkwell Homes, a partner.ghip, and Va11ey Titlo Company, a corporation, which was rec(wdad September 20, 1979, in Book BSOS of Official Records, Page 326, affecting all of Tract Number 6526, which Map was filed for record in the office of the R~corder of the county of Santa Clara, state of california, on Augu::;tt 23, 1979, in Book 448 of Maps at. pages 25, 26 and 27, santa Clara county Recurds: and affecting aU. of 'I'ract 652B I which Map was file.d for record in the office of the Recorder, in Book 499 of Maps at pages 35 through 41, Santa Clara count.y Records, by uec.:larat.ion of Annexation; WHEREAS, a modification of Declaration of Restrictions, dateo April 21, 1982, and exe~uted by Valley Title Company, a corporation, and Romano R. Durini and Zlatka Durini, was filed for record on April 23, ~982, as Instrument Number 73"45104, at Book C742 of Official Records, Page 363, was recorded ll'taking certain modifi::ations in the Daclaration of Restrictions as set forth therein; L 723PAG£0550 WHEREAS. a Modification of Restrictions, dated April IS, 1984, executed by Valley Title Company, a corporation, M.C. Johnson Inc., Bryce L. Reynolds, Lova ~. Reynolds, Grover C. Sinsley, Becky L. Sinsley, Cyrus J. solon, Raymond D. Sinsley, Verna Jean sinsley, steven H. Mann and Susan H. Mann, was recorded in the affica of the Recorder of the county of Santa Clara, state of california, on July 11, 1984, as Instrument Number 8122210; wl!EREAS, the undersigned represent record owner.s Qf the lots in said Tract Numbers 6526 and 6529 who have approved of the following amendment and modification to said Declaration of Restrictions by more than the minimum requisite vot~; Article [X, Section 6, currently states: section 6. Fences and Walls: Fences, walls and hedges may be constructed or planted only per city of Saratoga's HC-RD zoning District Regulation-flproximate to the principal structure and in no event to enclose or encompass an area in excess of 4,000 feet". Fencing to be wood frame with wire mesh ... is hereby amended to read as follows: ArLicle IX, Section 6, shall be amended to state: Art.icle IX. sec:;t..i.Qn..-2. Fences and Walls: "Fences, walls and hedges may b~ constructtld or plan'ced subject to thQ following rules as adopted by the Saratoga Planning Commission: ". No more than 50% of a lot area, excltAsiv/=; of any ~ortions designat.ee. as open ~pacz, may be enclOBed by a fence. B. No solid rencing ahall be permitted as stipulated in Section 15-29.020 of the saratoga city Code (which permits 60 feet ot solid fenc~ng to provide privacy) .. C. All fence enclosures greater than 50% of the lot area in existenca as of L 723PAGE05 /19 August 8, 1990, may be approved by the Planning Director. Future requests ior fence enclosures exceeding 50% of the lot area shall be reviewed and approved by the Planninq commission as a modification to the approv~d fanee plan. D. All fences shall b~ set b~ck ~ minimum of twenty (20) feet from prope~ty lines, except that fences shall be set back thirty (30) feet from the front property line (the street side). E. All proposed fence plans shall be submitted to the Planning Director of the City of Saratoga and to Parkar Ranch Architectural Review Committee for review and approval. F. Prior to the Director's approval of the fence plal1, a comprehensive landscape plan shall be review~d and approved by tho Planning Director. Landscaping shall include indig~nous and drought tolerant spacies that will be complcmGntary t~ the vegetation currently wi thin the open space areas. Upon completion of the fence and landscaping, the Director shall conduct an inspection to insurQ satisfacct)ry completion of the landncape plan. G. Fence styles deemed approv<'Ic shall be limited to blacK wrought iron fencing with no spikes or pointed edges, wood frame fQncing with wire l~esh and open wood slat fencirlg. H. No fenceEt shall be contiguous with any neighboring fences. I. Side and rear yard fencinq may be located on property line with no l723p~GE 0551 setbacks when such fencing is adjacent to dedicated open space. All other terms and conditions of the Declaration of Restrictions, as modified, amended and recorded affeC'ting Tract Numbers 6526 and 6528 shall remain in full force and effect. IN WITNESS_~HEP~OF, Amendmen~ this ~ day of STATE OF CALIFORNIA COUNTY OF SANTA CLARA the undersigned have a~ I 1991. ?J executed ss )/ 0 J) ~~ Parker Ranch Homeowners Aasooiation this on this -d.'i--. d~y of /7.r.,IL-, in the year 19!t.L-, before me .. t.he "lnderBigne.d~ts.;;::liC in .md tal' said st'-lte, piJrsonally appear-cd ~IlNXI . .-----------_______ ~,,__"'<_---'~r >" ._--,...."..--".----"""=,-::,.,... '-..... --' p@rsonally known to ma (or prove& to me on the baSis of satisfactory eiJid~nce) to be the person ~_ whose name _..,.-_..,,-_ IS ",ubscribed to the wi thin instrument, and acknowledged that _-.5..he~ it. WITNESS my hand and official ------------------------- G~ERA.L ACiCNOWLEDGMENT L 723 PAGE 0 5 5 2 CA.L-2J ! .~:~.:.~:;:w· .. ··;==·} .. ··rn>··=:s:::~~~"m:z~·>·t~',:;'=1 i Count). ()r~~ tfiV/Et...-Sf>. A RP>F# &, S:c.H_CItTI /j(C~_, ~ : the o"denlgned Not:ary Pubhc. nonaUyappeartd : . : >t • I! -.-------: .: J11 peRORally known to 11\~ : . . : 0 proued to me On the basis of satisfactory evi4en,-'e : ! to he the ptrson(s) W:IOSll name(sJ £A. _ subscribed to the ~ : within instrument, 8tnd acknowledged that ~J(ecuted it. : : WITNESS my ha<1d and ()/ficial $Cal. • I ~/~-i : NOII .. y'~ Si,naturc : ••••• * ........... -;, ••• ~ ••••• ~::..:::~.:.:'r •• ~.,;;,:.,:.,;., •• ~ • ..:;:~:;.::...~..:. ... .;.::..":.: •• "' ••• M ••• ~" ........ . - RECORDING REQUESTED BY 11437532 AND WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENTS TO: GRANTOA L Parker Ranch HC!lmeovmers Association P. O. Box )077 Saratoga, CA 95070-1077 w:[C!'5 "'~.--.---+ :-2 r.:;cno;;..· _+-.;.,1 ,.--_1 B]'Gf. __ ,.,J......<;?_--..j 1145 Ml '92 ESCROW NO. _____________ _ TITLE ORDER NO •. ___________ _ SPACE ABOVE THIS LINE FOR RECORDER'S USE EASEMENT GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ 0 A.P.N. )66-.50-039 ( ) computed on full value o(property conveyed, or· ( ) computed on full value less value of liens and encumbrailces remaining at time of sale. ( ) Unincorporated area: ( X) City of Saratoga. California , and By this instrument dated June 19. 1992 , for a valuable consideration Paul C. and Judith A. Robles, husband and wife. hereby GRANTi to parker Ranch Homeowners Association. a nonprofit mutual benefit corporation organized under the Nonprofit Mutual Benefit Corpo-ration Law . tile following described real property in the City of Saratoga. County of Santa Clara , State of California, See Exhibit "A" attacl\ed hereto and made a part hereof. STATE OF CALIFORNIA, COUNTY OF 5GI..¥)~c..\(,l.~. On '::fVO" ~o 1'3/1 d... 5A-NDf0il-L S Vile ~ !:.ifYV J ss. before me, .. p .......... ~ or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature the instru- ment the per-sones) Of the entity upon behalf of wh' e person(s' executed the .~. WITNES nd .,(nd officiil')eal. l.. tIVY..------'/ '7\ s;- ~1;;G(;\Gll>(!JIlW!I/liI!i1K91.:l{!)GX9Ci<9Ci<9G''(!!GW~iJ.!9'" ~ _ OFFICIAL SEAL G I SANDRA L SWENSON (3 . NOTARY PUBLlC-CALIFORNIA 8' _ ' . i SANTA CLARA COUNTY ~ li1 'fI,y Commission Expires July 18, 1994 M il:/Q\'lGl$ll'Q;:I~~~0l"l~Gl<!lGl<!l~~Gl<'IGl<'IQ . MAIL TAX STATEMENTS TO PARTY SHOWN ON FOLLOWING LINE; IF NO PARTY IS SHOWN, MAIL AS DIRECTED ABOVE. STE·115 (REV. 12/90) Name Street Address City & State .. EXHIBIT "A" DESCRIPTION OF SIGN AND LANDSCAPING EASEMENT An easement for purposes of installing and maintaining a subdi vision entrance sign and related landscaping improvements, described as follows: BEGINNING at the most northeasterly corner of Lot 55, as shown upon the Map of Tract No. 6528 (The Parker Ranch -Unit No.2), filed for record on May 3, 1982, in Book 499 of Maps, at pages 35 through 41, Santa Clara County Records, said corner being ,also a point on the southerly line of Comer Drive as shown on said map; Thence from said easterly line of feet; POINT OF BEGINNING southerly said Lot 55 South 0 0 09' 26" along the West 30.00 Thence westerly, leaving said easterly line at right angles thereto, North 89 0 50' 34" West 30.00 feet; Thence northerly, at right angles to the previous course, North 0 0 09' 26" East 40.65 feet, more or less, to a point on the northerly line of said Lot 55, being also the southerly line of said Comer Drive; Thence easterly along said northerly line of Lot 55 South 70 0 17' 48" East 31.83 feet, more or less, to the POINT OF BEGINNING. iA . ¥ E§)0u w /2 i1 I \y g .. ~/ C" \.~=--~JA a {j)//U./l 1/ ..... SCALE /11 = 10' - POINT OF BECIN/VING PL.AT TO ACCOMPANY LEGAL PESC/?IPTIOA/ -- SIGN AND LANf)SCAf~i#G EAS"E>t1'ENT OFF" ICE OF P. M. 497·M-19 REVERSION TO ACREAGE ----.,r--" .... J30 ------ £SAlT. / ' .... 0 .. I I i I / / PCL. A 3.02 AC. NET OFFICE i b r OF SANTA CLARA COUNTY. CAL IFORN"' A / II e =-+-';;""''-4-------,;----;, ..• :., ----I ... ' --; .... ,.----~ I 5 I 6 , 1.08 AC. I 1.16 AC. / 1.11 AC. \ I / \ I I \ I / \ I I \ o ._.1/ • !li@'2.. I ~/ Jg f I I \ I I \ I I \ / \ I TRACT N! 6526 THE PARKER RANCH 800K II PAGE 366 43 I Ef) ,":= 100' COUNTY ASS ESSOR -SANTA ClARA COUNTY, CAL I FORNI A II 36°6 leJUl I -@- I I" =200' "-... '" ~ ! •• '''' •• , ~/C &J!c ) ~ ••. >. ,,'4.78 AG. II ", pel. A ../ "----~-.- TR. N2 6526 THE PARKER RANCH The Information Provided Is Deemed Reliable, But Is Not Guaranteed. - II 1 1 21 j I . ,) I I .. ~ .j ., 1 /' 0) j / OFFICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIfORNIA P. M. !504 • M -7 TRACT 6528 THE PARKER RANCH UNIT N!! 2 OFfiCE OF COU .. TY ASSESSOR -SANTA CLARA COUNTY. CALIFORNIA TRACT 6526 THE PARKER RANCH UNIT N!2 / / II aoot( II PAGE II 366 49 'O, / , .. ~OO' -M -6 ~--::-------;:;;;;-:-:~;;;======,.. OFFICE OF COUNTY ASSESSOR -$ANTA CLARA COUNTY, CALIFORNIA PAGE II 50 / / • J _L. --: ... -'-... TRACT 6528 THE PARKER RANCH UNIT N'2 opEN SPACE Common Area 31.93 AC. NET peL.O _\j~<j!.--1 ---;-, , , 44 I", ,-, I I !:~I_ ... _--J ... ----·.ctH'Ttk· .......::.:.--~"~':.:. .• :..' --- no.",. ~ I -EB~ j I" 200· fs?\ ~ r.\V . "' 1.00 AC. PCl. S OfFICE P.M. 497·M-19 REVERSION TO ACREAGE J PCl. A 3.02 AC. NET IJ!. 2.58 AC. NET Of SAN T A CLARA COUNTY, CAL IFORN'I A / -,.,.,,----,t--""'''-=-=4.0t--------'-,) ---"186.51 -----.---'-'0----..,.,--- I ! 6 II 366, l[ P 43 E I I 4 / 5 ! I_08AC./ 1.16AC.! l.flAC.1 I / \ / I \ / / \ _nEB =r I ! \ ~ ! ~ ~ lj ~ ~ '/ :/ g ~\ I '/ \ / I \ I I \ I I \ I.,~;> I \ I I Il..Zlg ",.8. 12218 RD . I ., , , I ,I" = 100' ) P. M. 556 -M -26 PCL. R. , , \ 2.13 AC. TRACT N2 6526 THE PARKER RANCH OFF ICE OF COUNTY ASSESSOR -SANTA CLARA COUNTY, CALIFORNI A I ~-=-" _IEfj- I I" =200' h , " P. M. 504 -M -8 ~, " OPEN SPACE Common Area p. M; 504 -M, -7 TRACT 61 THE PARKER RANCH UN IT N~ 2 . . OPEN SPACE Common Area / Of~IC E OF ·COUWFV· AS~E~SOR - . TRACT 6528. THE PARKERHANCH 'UN I T I'f' 2 .j .. , .... ' .... .. "'0~ ! II II" II BOOK 366 PAGE 4~ TRACT £528 THE PARKER RANCH UNIT N22 OPEN' SPACE Common AnlP' "31, 93 AC. NET' peL. D 200' -:-~~-"'CENTEk .-b._-=:c-..;......-- SEC. COR .. ~ ~.,' ,_11'._,;",",',