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The Sea Ranch Restrictions
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A Declaration of Restrictions, Covenants and Conditions
Recorded in the Office of the Recorder, County of Sonoma, on May 10, 1965, in Book 2127 of Official Records at Page 237, as amended by the Certificates of Amendment recorded on October 14, 1969, in Book 2422 of Official Records at Page 567, and on September 16, 1971, in Book 2565 of Official Records at Page 510, on July 19, 1994 of Official Record Number 1994-0087620, and on November 26, 2013 of Official Record 2013-112657.
Printing of October 2013
A Declaration of Restrictions, Covenants and Conditions.
This Declaration is made this 29th day of April, 1965, by Oceanic Properties, Inc., a Hawaii corporation, as owner and developer of portions of a unique coastal ranch which is described in the deed referred to in section 2.02 and which, since the date of its original grant in 1861, has been beautifully preserved in its natural and unspoiled state. The purpose of this declaration is to perpetuate, with respect to such developed portions, the rich variety of this rugged coastal, pastoral, and forested environment for the benefit of all who acquire property within The Sea Ranch (as hereinafter defined).
Through The Sea Ranch, Oceanic Properties, Inc. seeks to meet the increasing and highly sophisticated recreational demands of a portion of the burgeoning population of the United States in a manner which insures the full enjoyment of the historical traditions and natural advantages of the area for all who acquire property therein and yet which encourages controlled diverse individual expression within the environment. Oceanic Properties, Inc. believes that this fundamental concept which underlies the development and use of The Sea Ranch serves both public and private interests by fostering a beneficial land use which retains the unique beauty of the land and creates an atmosphere enriching the spirit of its participants.
It must be assumed that all owners of property within The Sea Ranch, by virtue of their purchase of such property, are motivated by the character of the natural environment in which their property is located, and accept, for and among themselves, the principle that the development and use of The Sea Ranch must preserve that character for its present and future enjoyment by other owners. It is also assumed that those who are entrusted with the administration of The Sea Ranch will discharge their trust in full recognition of that principle and, to the extent consistent therewith, will foster maximum individual flexibility and freedom of individual expression.
It is to promote the foregoing that this declaration is made and it is the intention of Oceanic Properties, Inc. that it will be in recognition of the foregoing that the limitations, restrictions, covenants and conditions of this declaration and of all other declarations supplemental hereto will be understood and construed.
Unless the context otherwise specifies or requires, the terms defined in this Article I shall, for all purposes of The Sea Ranch Restrictions, have the meanings herein specified.
The term “architect” shall mean a person holding a certificate to practice architecture in the State of California under authority of Division 3, Chapter 3, of the Business and Professions Code of the State of California; provided, however, that for the purposes of Article IV, the term “architect” shall mean a person appropriately licensed to practice architecture or landscape architecture in any of the United States.
The term “Articles” shall mean the Articles of Incorporation of The Sea Ranch Association which are or shall be filed in the Office of the Secretary of State of the State of California substantially in the form attached hereto and incorporated herein as Exhibit A, as such Articles of Incorporation may from time to time be amended.
The term “assessed value” shall mean the aggregate value of any lot and improvements located thereon, as from time to time shown on the latest Assessment Roll of the County of Sonoma.
The term “Association” shall mean The Sea Ranch Association, the nonprofit membership corporation described in Article V, its successors and assigns.
The term “Board” shall mean the Board of Directors of the Association.
The term “By-Laws” shall mean the by-laws of the Association which are or shall be adopted by the Board substantially in the form attached hereto and incorporated herein as Exhibit B, as such by-laws may from time to time be amended.
The term “common area” shall mean all of the real property designated “Common Area” on a subdivision map which has been conveyed in fee to the Association pursuant to section 9.05, together with all of the improvements from time to time constructed thereon.
The term “condominium” shall mean a condominium as defined in Section 783 of the Civil Code of the State of California.
Cost of Living Index.
The term “Cost of Living Index” shall mean the United States Department of Labor’s Bureau of Labor Statistics Consumer Price Index, all items, U.S. City Average (1957-59 equals 100), or the successor of such index.
The term “Design Committee” shall mean the committee created pursuant to Article IV.
Design Committee Rules.
The term “Design Committee Rules” shall mean rules adopted by the Design Committee pursuant to section 4.04.
Development Assessment Certificate.
The term “Development Assessment Certificate” shall mean any certificate recorded pursuant to paragraph (h) of section 7.03.
The term “development fund” shall mean the fund created pursuant to section 6.05.
The term “excavation” shall mean any disturbance of the surface of the land (except to the extent reasonably necessary for planting) which results in the removal of earth, rock or other substance from a depth of more than eighteen (18) inches below the natural surface of such land.
The term “file” or “filed” shall mean, with respect to the subdivision map, that said subdivision map shall have been filed in the Office of the Recorder of the County of Sonoma, State of California.
The term “fill” shall mean any addition of rock or earth materials to the surface of the land which increases the natural elevation of such surface by more than eighteen (18) inches.
The term “fiscal year” shall mean the year from May 1 through April 30.
The term “Grantor” shall mean Oceanic Properties, Inc., its successors and assigns.
The term “Guest” shall mean any invitee of a participating facility, including the members of such invitee’s immediate family, using, in the regular course of the operations thereof, its accommodations or services.
The term “improvements” shall include buildings, outbuildings, roads, driveways, parking areas, fences, retaining walls, stairs, decks, hedges, windbreaks, poles, signs, and any structures of any type or kind.
The term “indigenous specie” shall mean a specie of ground cover, shrub or tree listed in Exhibit C, which is attached hereto and made a part hereof, or from time to time listed in the Design Committee Rules.
The term “lot” shall mean any lot designated on a subdivision map for residential use, or, with respect to a project, any condominium; provided, however, that (a) upon the splitting of any lot pursuant to paragraph (a) of section 9.04, “lot” shall mean each parcel or condominium into which such lot has been split, and (b) upon consolidation of two or more lots pursuant to paragraph (b) of section 9.04, “lot” shall mean the parcel consisting of the lots so consolidated.
The term “lot splitting” shall mean the division of any lot within The Sea Ranch into two or more parcels or condominiums, and shall include a “subdivision” within the meaning of Division 4, Part 2, Chapter 1 of the Business and Professions Code of the State of California.
The term “maintenance assessment” shall mean any assessment levied pursuant to section 6.02.
The term “manager” shall mean the person or corporation appointed as such pursuant to paragraph (e) of section 5.05.
The term “miscellaneous fee” shall mean any fee charged pursuant to sections 3.03, 4.06, or 6.06.
The term “mortgage” shall mean a deed of trust as well as a mortgage, and the term “mortgagee” shall mean a beneficiary under, or a holder of a deed of trust as well as a mortgagee.
The term “notice” shall mean a notice delivered pursuant to section 9.09.
The term “operating fund” shall mean the fund created pursuant to section 6.01.
The term “Owner” shall mean the person or persons holding the beneficial ownership of a lot; provided, however, that
(a) for the purposes of the limitations and restrictions set forth in Article III, “Owner” shall not include Grantor with respect to any lots held by Grantor; and
(b) “Owner” shall include for the purposes of Article III and sections 7.01 and 7.04, unless the context otherwise requires, the family, invitees, licensees and lessees of any Owner.
The term “participating facility” shall mean any organization or institution, whether profit or nonprofit, which has entered into an agreement with Grantor or the Association pursuant to Article VIII.
The term “permitted user” shall mean any Owner permitted to use a private recreational facility pursuant to section 7.04.
The term “private area” shall mean any real property designated as a residential lot on a subdivision map, exclusive of the portion thereof designated, “Restricted Private Area,” which is conveyed to an Owner by means of a deed, together with all improvements from time to time constructed thereon.
Private Facility Development Assessment.
The term “private facility development assessment” shall mean any assessment levied pursuant to section 6.07.
Private Recreational Facility.
The term “private recreational facility” shall mean any recreational facility developed or proposed to be developed pursuant to section 7.03.
The term “project” shall mean the entire parcel of real property divided, or to be divided into condominiums, including all structures thereon.
The term “project area” shall mean all of the real property within The Sea Ranch lying within the boundaries of any project and designated “Project Area” on a subdivision map.
The term “Project Committee” shall mean the governing body of any project.
Public Facility Development Assessment.
The term “public facility development assessment” shall mean any assessment levied pursuant to section 6.06.
Public Recreational Facility.
The term “public recreational facility” shall mean any recreational facility developed or proposed to be developed pursuant to section 7.02.
The term “record” or “recorded” shall mean with respect to any document, that said document shall have been recorded in the Office of the Recorder of the County of Sonoma, State of California.
The term “recreational assessment” shall mean any assessment levied pursuant to section 6.03.
The term “recreational facility” shall mean any improvement used for or in connection with any recreational purpose.
The term “to refinish” shall include to paint and to resurface.
The term “residence” shall mean the building or buildings, including any garage, carport, or similar outbuilding, used for residential purposes.
Restricted Common Area.
The term “restricted common area” shall mean all of the real property designated “Restricted Common Area” on a subdivision map which has been conveyed in fee to the Association pursuant to section 9.05, together with all of the improvements from time to time constructed thereon.
Restricted Private Area.
The term “restricted private area” shall mean the portion of each lot conveyed to an Owner by means of a deed which is designated “Restricted Private Area” on a subdivision map.
The term “road” shall mean any paved vehicular way constructed within or upon any portion of common area or restricted common area designated a private road on a subdivision map except any apron or other paved area constructed for the purpose of providing paved access from such way to any private area or project area.
The term “special assessment” shall mean any assessment levied pursuant to section 6.04.
The term “structure” shall mean anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
The term “subdivision map” shall mean
(a) any final map within the meaning of the provisions of Division 4, Part 2, Chapter 2, of the Business and Professions Code of the State of California,
(b) any final plan within the meaning of the provisions of Division 4, Part 5 of the Civil Code of the State of California, or
(c) any final record of survey map within the meaning of the provisions of Division 4, Part 2, Chapter 2, of the Business and Professions Code of the State of California, as such provisions may from time to time be amended.
The Sea Ranch.
The term “The Sea Ranch” shall mean all of the real property referred to in section 2.01 together with such other real property from time to time annexed thereto pursuant to the provisions of section 2.02.
The Sea Ranch Restrictions.
The term “The Sea Ranch Restrictions” shall mean, with respect to all property within The Sea Ranch, the limitations, restrictions, covenants, and conditions set forth in this declaration, as such declaration may from time to time be amended pursuant to section 9.01, and, with respect to any property within The Sea Ranch which is annexed pursuant to section 2.02, as such declaration may from time to time be supplemented or modified by the provisions of a declaration, if any, filed with respect to such property pursuant to paragraph (a) of section 2.02.
The Sea Ranch Rules.
The term “The Sea Ranch Rules” shall mean the rules from time to time in effect pursuant to the provisions of section 5.06.
The term “unallocated balance” shall mean that portion of the development fund which is not attributable to private facility development assessments or to public facility development assessments levied for the development of a given public recreational facility, and which has not been allocated pursuant to paragraph (g) of section 7.02.
The term “unit” shall mean the portion of any condominium not owned in common with the owners of other condominiums in a project.
(a) With respect to a participating facility, the term “use fee” shall mean any fee paid or to be paid by such participating facility pursuant to section 8.05.
(b) With respect to a public recreational facility, the term “use fee” shall mean any fee charged or to be charged Owners and Guests by the Association for the use thereof pursuant to paragraph (f) of section 7.02.
Visible from Neighboring Property.
The term “visible from neighboring property” shall mean, with respect to any given object or activity, that such object or activity is or would be in any line of sight originating from any point six feet above any other property, excluding contiguous property owned by the Owner of the property involved, but including common area and restricted common area, assuming that such other property has an elevation equal to the highest elevation of the ground surface of that portion of the property upon which such object or activity is located.