230815 General Public Comment Rolling Hills — Fairfield City Council, August 15, 2023

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SOLANO,CA
Document: CCR 1988.73921
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ROLLING HILLS ESTATES, UNIT it
DECLARATION OF COVENANTS,_ CONDITIONS AND RESTRICTIONS
THIS DECLARATION made and dated this -7 -day of:l,•,ir , 19R, by BRAEWOOD DEVELOPMENT CORPORATION, a Texas corporation ("Declarant").

WHEAREAS, Declarant is the owner of a certain tract of land situated in the City of Fairfield, County of Solano, State of California, described as follows:

That certain Tract entitled "Rolling Hills Estates, knit li", which Map was filed for record in the Office of the Recorder of the County of Solano, State of ihrtl.r
California on ,IVrIe- 2 ._11f�) In BookZL2_ofMaps, at Pagesand�[� to which said Map and the said record thereof, reference is hereby made, and WHEREAS, it is the desire and intention of Declarant to impose thereon mutually beneficial restrictions under a general plan or scheme of improvement for the benefit of all said subdivided property, the structures thereon and the future owners thereof; to ensure the best use and most appropriate development and improvement of each lot located upon the subdivided property; to protect the owners of lots against such improper use of surrounding lots as will depreciate the value of their property; to guard against the erection thereof of poorly designed or proportioned structures and structures built or improper or unsuitable materials; to ensure the highest and best development of said proper- ty; to encourage and secure the erection of attractive improvements thereon. with appropriate locations thereof on lots; to prevent haphazard and inharmonious improvements of lots; to secure and maintain proper setbacks form streets and free spaces between structures and in general to provide adequately for a high type and quality of improvement in said property, had thereby to enhance the values of investments made by purchasers of lots therein.

WHEREAS. Declarant is about to sell property shown on said map, which it desires to subject to certain restrictions, conditions, covenants, and agreements between themselves and the purchasers of said property, as hereinafter set forth:

NOW"THEREFORE, Declarant declares that the property shown on the Map of Rolling Hills Estates, Unit 11 is held and shall be conveyed subject to restric- tions, covenants, conditions, charges and agreements as set forth in the Declaration, to wit:

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SOLANO,CA
Document: CCR 1988.73921
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1. Land Use and Building Type. No lot shall be used rpt for residential purposes, excluding the Dunne]] site, and the commercial and multi-fam4'y par- cels. The owner of each lot shall have the right to lease or rent the same, pro- vided that the lease or rental agreement is made subject to the conditions, covenants, restrictions, limitations and uses contained in this Declaration.

There shall be no subletting of a portion or portions of any lot to any indivi- dual or individuals. No building shall be erected on any lot other than one single-family dwelling not to exceed two and one-half stories in height and a private garage for not more than three cars. No Carports will be allowed.

2. Architectural Restrictions. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the City of Fairfield and building permit issued by the City of Fairfield. Quality of work- manship and materials, harmony of external design with existing structures, and location with respect to topography and finish grade elevation will be constructed per develoment plan and site plan as approved by the City of Fairfield. Painting of all exterior surfaces shall be in colors which harmonize with other existing structures. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum set back line.

3. Easements. Easements for installation and maintenance of utilities and drainage facilities as shown on the recorded Subdivision Map as Public Service Easement ("P.S.E.") ko d Storm Drain Easement ("S.D.E.11) are dedicated to the City of Fairfield or its designee, with rights of ingress and egress over and across any adjoining lands to reach said easement. Within these ease- ments, 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 obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company Is responsible.

With respect to the 8i1 PVC storm drains, drop inlets and outfall structures located behind Lots 142, 143, 145, 179, 180, 229 thru 239, inclusive, 297, 298, 306 thru 311, inclusive, and 410 thru 412, inclusive, these structures are to be privately maintained by the individual lot owners and no obstruction of these structures will be allowed.
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4. Planting Easements. Planting Easement ("P.E.") are those areas aelineated on the recorded subdivision map and are dedicated to the City of Fairfield, or its designee, for planting and landscape maintenance purposes with rights of ingress and egress over and across any adjoining lands to reach said easement.

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 landscaping.

5. Maintenance of landscaping. EaCh and every owner of all lots in the Subdivison ecknowleage that as of the date hereof, the City of Fairfield Intends to form an ASSESSMENT DISTRICT for the maintenance of permanent open spaces, lardscaping within Hilborn, Martin ana Lyon Road rights of way, and any landscaping and planting easements, as shown on said Subdivision map. Upon acquisition of Title to any lot in the Subdivisions, each and every owner Covenants and Agrees to pay such sums as may be assessed from time to time by the City of Fairfield for such maintenance. Further, each and every owner acknowledges that no representation has or will be made by Declarant, its Agents, Officers or Employees regarding the amount to be assessed or the manner in which such sums will be assessed and/or collected. Specifically, any and all inquiry (ies) regarding this matter is hereby and shall be referred to the City of Fairfield, or its Designee. Each owner shall be responsible for the care and maintenance of his own yard and landscape area.

5. Fence Easements ("F.E.")" Fence Easements are those areas delineated on the recorded subdivision, map and are dedicated to the City of Fairfield, or its designee, for the maintenance, repair and/or replacement of the fence located adjacent to Hilborn Road and Lyon Road with rights of ingress and egress over and across any adjoining lands to reach said easements. The maintenance costs shall be borne by the City.

1. Drainage_ Grades. Each lot within the subdivision has been graded in accordance with Improvement/Grading Plans prepared by licensed civil and soils engineers, which plans are on file with the City of Fairfield. The plans provide for positive drainage of surface waters away from the entire foun- dation line of the house on each lot. Drainage is to the lot front, lot rear or lot side as the case may be, for ultimate off-site disposal. Such drainage Is accomplished by positive grading and by cutting drainage swales or channels -3-
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Document: CCR 1988.73921
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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 landscaping.

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PC 73924
` . on the surface of the lot. No owner shall alter the lot in any manner which will interfere with the established positive grading including, but mot n
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SOLANO,CA
Document: CCR 1988.73921
walls, decks, concrete patios, walkways, driveways, parking areas, and flower boxes, without first obtaining the advice of a qualified person experienced in grading and drainage practices. Each owner of a lot shall also be responsible to maintain the grading and drainage of his lot in such a manner so that no sur- face waters will drain or run off onto an adjoining owners's lot or obstruct the free flow of waters along the established drainage pattern. Any alterations to a lot, particularly to the established grading and drainage thereof, may result in adverse affects to the integrity of the building constructed upon the lot or upon adjoining lots.

8. nuisances. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood (e.g., but not limited to, an owner and/or tenant allowing a garage door to remain open for an unnecessary (extended) time period.)

9. Temporary Structures. No structures of a temporary character, trailer, basement, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently, except that lots owned by Declarant may be used for models, sales and construction office, for the purpose of selling the units within the subdivided property, i.e., until all dwellings built thereon are sold by Declarant,

10. Vehicles. No trailer over eight (8) feet in length, and/or boat and/or recreational vehicle and/or truck and/or aircraft and/or inoperative automobile shall be kept or stored on any lot unless enclosed within a garage. No vehicle of any type, (including motorcycles), shall be permanently or semi - permanently parked in or upon the public streets within the subdivided pro- perty, or on any lot (including the driveway) in the setback area for purposes of accomplishing,repairs thereto or the reconstruction thereof, except for emergency repairs and then )nly to the extent necessary to enable movement of the vehicle.

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PC 73924
` . on the surface of the lot. No owner shall alter the lot in any manner which will interfere with the established positive grading including, but mot n
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SOLANO,CA
Document: CCR 1988.73921
Comment:
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Station Id :W4WE
IIG /3925

11. Signs. No sign of any kind, including resident identification signs, shall be displayed to the public view on any lot except one sign of not more than three square feet, advertising the property for sale or rent, except signs used by Declarant to advertise the property (and other properties within Rolling Bills Estates Development owned by Declarant or by any entity owned or managed by Declarant'S General Partner or by any Successor entity thereto) during the construction and sales period.

12. livestock and Poultry. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, breo, or main- tained for any commercial purpose. Only reasonable numbers and of such types so as not to cause an annoyance or nuisance to the neighbors.

13. Garbage and Refuse Disposal. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All eouipment for the storage or disposal of such material shall be kept in a clean and sanitary condition. No trash cans or rubbish shall be stored in areas visible from the public street.

14. 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, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lo:. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, main- tained or perm" teo upor any lot.
:5. Sigh: Distance a: _r.te^sectiors. No fence, wa;l, hecoe or shrub planting whin cbetrLcts Bich: tines a: eleve--io•is be -ween 2 anc E =ee: above the roadways shall oe bermitted to remain on any lo:. Tne same Sioh: line limi- tations Shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within sufficient heignt to obstruct along such sight lines.

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Document: CCR 1988.73921
Comment: Station Id :W4WE
P(; 73926

16. Obligation to Rebuild.

A. llama a and Destruction Affect in Res�den[es -- 0uty to Rebuild; If all or any portion of any residence is damaged or destroyed by fire or other casualty, it shall be the duty of the owner of said residence to rebuild, repair or reconstruct said residence in a manner which will restore it substantially to its appearance and condition immediately prior to the casualty.

B. Time Limitation: The owner or owners of any damaged residence 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 six (6) months after the damage occurs, unless prevented by causes beyond their reasonable control.
17, Owners Obligation to Repai,. Each owner shall, at his or her sole cost and expense, maintain any item pertaining to and relative to his or her indi- vidual residence and shall at all times keep his or her individual residence in good condition and shall :hake any and all structural repairs as they may be required.

18. Restricted Access. There will be restricted access from all residential lots backing on Martin Road as shown on the final map.

19. Masts, Towers andlor Antennas. No masts, towers. antennas, microwave or satellite dishes shall be installed, affixed, mounted or constructed on the real property conveyed including houses, so as to be visible to the public view.

20. Terms. All os the restrictions, conditions, covenants and ag-eemen:s shall affect all or the lots as hereinabove set forth, and are rase for ;n_ direct and reciprocal benesit ,hereof and in furtherance of a General plan =pr the improvement of Said Tract, and the covenants shall attach to ano run with the land. Said restrictions, conditions and covenants shall be binding on all parties and all persons claiming under them until 35 years from the date of this declaration, at which time they shall be automatically extended for suc- cessive periods of five years, provided, however, that such restrictions, con- ditions, covenants and agreements, or any of them may be supplemented, changed or rescinded in any or all particulars at any time by the Declarant during the period commencing on the date of recordation hereof and ending two (2) years

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SOLANO,CA
Document: CCR 1988.73921
Comment: Station Id :W4WE
PC '7392'7
from said date of recorudtion and thereafter by the owners of 51% of the number of lots comprising the area incorporated in this declaration, exclusive of Streets, evidenced by an instrument in writing executed by the said owners in the manner provided by law for the conveyance of real property, and duly recorded in the Office of the Recorder aforesaid, and upon such recordation shall be valid and binding upon the sellers and owners of the said lots in said tract, and upon all other persons.

21. Enforcement. If the parties thereto, or their successors shall violate or attempt to violate any of the covenants herein before thirty-five years from the date of this declaration, or during any of the extended periods for which they are In force, it shall be lawful :-or any person owning any real property subject thereto, to prosecute any proceedings at law o: in equity against the person or persons violating or attempting to violate any such covenants or either to prevent him �r them from so doing or to recover damages or other charges for such violation.

22. Failure to Enforce. The various restrictive measures and provisions of this Declaration are declared to constitute mutual equitable covenants and servitudes for the protection and benefit of each property in the said Sub- division, and failure by the declarant or any other person or persons entitled so to do to enforce any measure or provisions upon violation thereof shall not stop or prevent enforcement thereafter or be deemed a waiver of the right to do so.

23. Subordination. :t is fu -Ther proviee:� that a breach of any of the con- ditions contained herein or oi any -a-entry by reason of Such breach Shall not defeat- or render invalid the '• _ .' any No'.gage or Deed o` --s:s: r>ce ?r. good faith and for value as to said pre m'ses or any Dart thereof; DL,: saic conditions shall be binding upon anc Effective against any owner V said Dec- mises whose title thereto is acquired by foreclosure, Trustee's Sale or other- wise.

24. Severability, Invalidation of any one or more of these covenants by judgment or order shall in no wise affect any of the other provisions which shall remain in full force and effect.
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' h'. '. b jI,{.'J.•t4�r..}s�-�...,:...:.--,��-_--.-..._._. .... - .. •ifs .. ..... ... ... _.... .. ,Z;ia,l1�Y�� IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seal the Y•L S yI
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i SPATE OF TEXAS §
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COUNTY OF DALLAS §
This instrument was acknowledged before me on tl►c 7 day of June, 1988 by • 1C n e R -g of BRAEWOOD DEVEEMMENT CORP., a Texas
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SOLANO,CA Page 8 of 9
Document: CCR 1988.73921
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Notary's commission expires: 2g-92
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BRAENOOD DEVELOPMENT CORPORATION,
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a Texas Corporation
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Fes
Assistant Vices President
i SPATE OF TEXAS §
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COUNTY OF DALLAS §
This instrument was acknowledged before me on tl►c 7 day of June, 1988 by • 1C n e R -g of BRAEWOOD DEVEEMMENT CORP., a Texas
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SOLANO,CA Page 8 of 9
Document: CCR 1988.73921
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Notary's commission expires: 2g-92
Printed on 7/26/2022 4:26:40 PM

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STA:rT- OF TEXAS )
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On this l day of June 1988, before me, a Notary Public of the State of t Texas, duly commissioned and sworn, personally appeared Stephanie Fess, proved to me on the basis of satisfactory evidence to be the Assistant Vice President of the corporation 1-
" .\ that executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its P.
by-laws or a resolution of its Board of Directors.

I' ; ,•, WITNESS my hand and official seal.
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Document: CCR 1988.73921

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Fairfield City CouncilAugust 15, 2023

Fairfield City Council
August 15, 2023