*These are general CC& R's applicable to certain areas of Lake San Marcos.  Additionally, the legally signed versions may contain some variations to this.  For CC&R's specific to your home, please consult your legally signed document or HOA.

AMENDED AND RESTATED DECLARATION OF RESTRICTIONS

This Amended and Restated Declaration of Restrictions (this "Declaration") executed this ___ day of _____________ 2004, by the current members of the Architectural Control Committee of the Lake San Marcos Community Association, who are hereinafter referred to as "Declarants", restates and replaces all previous Declarations of Restrictions thereto of record in the office of the San Diego County Recorder.

RECITALS

A.        Declarants are the current members of the Architectural Control Committee for that real property situated in the County of San Diego, State of California, and more particularly described as follows: Lots 1 to 154, both inclusive, in LAKE SAN MARCOS GOLF according to Map 5561 which was recorded April 20, 1965, in San Diego County (collectively, the "Property" and each individual lot, a "Lot").

B.         The Property is currently subject to a Declaration of Restrictions dated March 25, 1965 and filed in the Office of the County Recorder on April 27, 1965 in Series 6 Book 1965, page number 74298 (the "Current Declaration").

C.        In accordance with the provisions of the Current Declaration, a majority of the lot owners have determined by resolution that it is desirable to continue and update the general plan for the protection, maintenance, improvement, development, use, occupancy and enjoyment of the Property established by the Current Declaration.  Thus, the lot owners have approved and adopted this Declaration and have vested authority in the Declarants to execute this Declaration on their behalf and record this Declaration in the Office of the County Recorder of San Diego County.

D.        The purpose of this Declaration is to supersede and replace the Current Declaration.

NOW, THEREFORE, Declarants hereby declare that the Property shall be held, transferred, conveyed, sold, hypothecated or encumbered, leased, rented, used, occupied and improved subject to the following declarations, limitations, conditions, restrictions, covenants, reservations, assessments, charges and liens, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the Property.  All of the said conditions, restrictions, convenants, reservations, assessments, charges and liens shall run with the Property and each and every portion thereof as a servitude in favor of the Property and each and every portion thereof as the dominant tenement or tenements and shall be binding on all parties having or acquiring any right, title or interest in the Property, or any part thereof:

ARTICLE I

USE RESTRICTIONS

1.1       Property Subject to This Declaration:  No property other than the Lots described above shall be deemed subject to this Declaration unless and until specifically made subject thereto.

1.2       Land Use and Building Type:  No Lot shall be used except for residential purposes.  No building shall be erected, altered, placed or permitted to remain on any of the Lots, other than one single family dwelling not to exceed one (1) story in height.

1.3       Dwelling Size:  The floor area of the residence structure, exclusive of one story open porches and garages, shall not be less than 1000 square feet.

1.4       Building Location:  No building shall be located on any other Lot nearer to the front Lot line or nearer to the side street line than the minimum setback lines.  In any event, no building shall be located on any Lot nearer than 5 feet to the front line or nearer than 10 feet to any side street line.  No building shall be located nearer than 5 feet to an interior lot line.  For the purpose of this covenant or restriction, eaves, steps and open porches shall not be considered as part of a building, provided, however, that this shall not be construed to permit any portion of a building on a Lot to encroach upon another Lot.

1.5       Lot Area and Width:  No dwelling shall be erected or places on any Lot having a width of less than 25 feet at the minimum building setback line, nor shall any dwelling be erected or placed on any Lot having an area of less than 2,500 square feet.

1.6       Lawful Use.  Neither the Property, nor any portion thereof, shall be used for any purpose tending to injure the reputation thereof (by causing the public to hold the Property or the Lake San Marcos neighborhood in ill repute), or to disturb the neighborhood or occupants of adjoining property, or to constitute a nuisance, or in any violation of any public law, ordinance or regulation in any way applicable hereto.

1.7       Nuisance:  No Lot shall be used in such a manner as to obstruct or unreasonably interfere with the residential uses of other Lots.  No noxious or offensive activity shall be carried on, in or upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.  Nothing in this Paragraph 1.7 shall be deemed to prohibit reasonable, occasional noises associated with the use of residential property, as well as reasonable noise associated with occasional (not routine) parties and social events.

1.8       Temporary Structures:  No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any Lot at any time as a residence either temporarily or permanently.

1.9       Signs:  No sign of any kind shall be displayed to the public view on any Lot except one sign of not more than 4 square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.  All signs must conform to applicable state, city and local ordinances.

1.10     Live Stock, Poultry and Pets:  No animals, live stock or poultry of any kind shall be raised, bred or kept on any Lot, except that dogs, cats or other household pets not exceeding 3 may be kept, provided they are not kept, bred or maintained for any commercial purpose.  All household pets shall be controlled in such a manner as to not constitute a nuisance or annoyance to the adjoining property owners.  Each owner of a pet shall be responsible for the prompt removal of any waste from his or her pet.

1.11     Derricks:  No derrick or other structure designed for use in boring, mining or quarrying for water, oil or natural gas or minerals shall ever be erected, maintained or permitted upon any Lot in said tract.

1.12     Easement Restriction:  There is hereby reserved a 3 foot easement on, over and across the rear 3 feet of said Lots and a 3 foot easement on, over and across the 3 feet contiguous to each side line of said Lots for surface drainage purposes.

1.13     Laundry Drying Yards:  No laundry, bedding, garment or thing of like nature shall be hung on the premises where visible to the public.  If any such article is to be hung outdoors, a drying yard enclosed from the public must be provided for such purpose.

1.14     TV Antennas:  One (1) satellite television antenna may be erected or constructed on a dwelling located on any Lot provided that such antenna does not exceed the highest point of the roof of any dwelling.

1.15     Upkeep of Lots:  All Lots shall at all times be kept in a clean, slightly and wholesome condition and no trash, garbage, litter, junk, boxes, containers, cans, machinery, implements, lumber or other building materials shall be permitted to be kept or remain exposed on any Lot and visible from any street of from adjoining or nearby premises.  The landscaping of the front yard and the exterior of the building shall be maintained in an attractive manner at all times.

1.16     Recreational Equipment:  No recreational vehicles or recreational equipment, whether permanent or temporary in nature, shall be placed or located on the streets, driveways or Lots of the Property, unless such recreational equipment is not visible from the street.  A recreational vehicle or recreational equipment on a trailer may be parked in a driveway of a Lot or in the street in front of a Lot temporarily, for a total period not to exceed ten (10) days per calendar year.  No vehicle of any type shall be used as a place of habitation on any Lot or street in the Property.  As used in this Paragraph 1.16, the terms "recreational vehicles" and "recreational equipment" shall include, but not be limited to, Winnebago's, campers, boats, dune buggies, jet skis, golf carts and motor-homes.  The term "recreational vehicle" as used in this Paragraph 1.16 shall not be deemed to include sport utility vehicles.

1.17     Parking.  No vehicles of any sort shall be parked on any Lot except in a garage, a carport or a driveway.

1.18     No Obstruction of Views.  No owner of any Lot shall construct or modify any building or other improvement (including landscaping) on his or her Lot in such a way that will obstruct the view from any other Lot in the Property, unless the owners of all Lots whose views will be obstructed give their prior written consent to the construction or improvement that will cause the view obstruction.  Each owner of a Lot shall trim and maintain the landscaping on his or her Lot so that it does not obstruct the view from any other Lot in the Property.  As used in this Paragraph 1.18, the term "view" shall mean the outlook or prospect from any Lot of Lake San Marcos or either golf course located within the Lake San Marcos Community. 

1.19     No Expansion of Parking Area.  No garage, carport or driveway shall be extended into the front yard of any building located on any Lot in the Property, whether such expansion is intended for parking or additional storage space.

ARTICLE II

ARCHITECTURAL CONTROL

2.1       Architectural Control:  No building shall be erected, placed or altered on any Lot until the building plans, specifications and plot plans showing the location, elevation and grade lines of such building have first been approved in writing by the Architectural Control Committee (the "Committee").   One set of such plans, specifications and plot plans shall be submitted to the Committee.  The Committee before giving any such approval may require that said plans, specifications and plot plans shall comply with such requirements as the Committee may, in its absolute discretion, impose as to structural features of said building, type of material used or other features or characteristics thereof not otherwise expressly covered by any of the provisions of this Declaration, including the location of the building with respect to topography and finished ground elevation.  The Committee may also require that the exterior finish and color and the architectural style or character of such building shall be such as in the discretion of the Committee shall be deemed to be suitable in view of the general architectural style and character of structures erected or to be erected upon the Property.  No fence or wall shall be erected, placed or altered on any Lot without the similar prior written approval of the Committee as to location, type and construction.  All plans and specifications so submitted to the Committee shall comply in all respects to all applicable state and local building and zoning regulations.  The Committee shall exercise its reasonable judgment to ensure that the proposed improvements conform to the requirements of this Declaration.

2.2       Architectural Control Committee:  The Architectural Control Committee shall consist of three (3) members, who shall be appointed by the Board of Directors of the Lake San Marcos Community Association or its successors or assigns, (the "Association") pursuant to the provisions of the Bylaws of the Association.

2.3       Vote of the Committee:  Any action by the Committee may be taken by a majority thereof and members of the Committee may act without a formal meeting.  The members of the Committee shall not be entitled to any compensation for services performed under this Declaration.  The decision of the Committee is final.  However, nothing shall prevent an owner of a Lot from revising his or her plans and specifications and submitting the revised materials to the Committee as a new submission.

2.4       Procedures:  When submitting a written request for architectural control approval, a Lot owner may request to appear before the Committee to make an oral presentation.  The Committee shall honor any such reasonable request.  The Committee shall also have the right to request a Lot owner who has submitted a written request for architectural control approval to appear before the Committee and answer any questions or concerns that the Committee may have.  In the event that the Committee fails to approve or disapprove any request within 30 days after plans, specifications and plot plans have been submitted to it, the owner of the Lot shall notify the Committee of such inaction in writing.  If within 30 days after such notice, the Committee shall fail to approve or disapprove said plans, specifications and plot plans, then such approval shall be deemed to have been waived and the owner of such Lot may thereafter erect thereon such structure as these restrictions permit.

2.5       Records:  The Committee shall maintain written records of all applications submitted to it and all actions taken thereon, and such records shall be available to all Lot owners for inspection.

2.6       Liability.  The Committee, the members thereof and their authorized representatives shall not be liable in damages to any person submitting requests for approval or to any Lot owner, by reason of any action, failure to act, approval, disapproval or failure to approve or disapprove in regard to any matter within its jurisdiction hereunder.

2.7       No Waiver.  The approval of the Committee to any proposals or plans and specifications or drawings for any work done or proposed in connection with any other matter requiring the approval and consent of the Committee, shall not be deemed to constitute a waiver of any right to withhold approval or consent as to any similar proposals, plans and specifications, drawings or matter whatsoever subsequently or additionally submitted for approval or consent.

2.8       Interpretations.  All questions of interpretation or construction of any of the terms and conditions in Article I shall be resolved by the Committee, and its decision shall be final, binding and conclusive on all of the parties affected.

ARTICLE III

GENERAL PROVISIONS

3.1       Enforcement.

            (a)        Enforcement through the Committee.  The owner of any Lot may submit to the Committee written notice of a possible violation of any of the covenants, conditions and restrictions contained in this Declaration.  The Committee shall promptly notify in writing the Owner of the Lot in question of the possible violation.  The Owner shall have ten (10) days from the receipt of the notice of potential violation to respond to the Committee in writing.  Within five (5) days after receiving the Lot owner’s response (or immediately if no response is received), the Committee shall determine whether or not a violation exists.  If the Committee determines that a violation exists, the Committee shall give written notice to the Lot owner of the violation, and the violation shall specify a date by which the violation must be removed or remedied.

(b)        Enforcement through Binding Arbitration.  In the event a Lot owner fails to remedy a violation pursuant to a notice of violation issued by the Committee pursuant to Section 3.1(a) or as an alternative to the complaint procedure authorized in Section 3.1(a), breach of any of the covenants, conditions and restrictions contained in this Declaration, the continuation of any such breach may be enjoined, abated or remedied through binding arbitration initiated either by a Lot owner or by the Committee.  It is hereby agreed that recovery of damages at law for any breach of the provisions of this Declaration would not be an adequate remedy.  Any arbitrable dispute shall be settled by binding arbitration in the County of San Diego, California, and shall be conducted in accordance with Sections 1280 through 1294.2 of the California Code of Civil Procedure.  Judgment upon the arbitration award or decision may be entered in any court having jurisdiction.

3.2       Costs and Attorneys’ Fees:  If binding arbitration is commenced to enforce any of the covenants, conditions or restrictions contained in this Declaration, the party against whom the judgment, decree, order, declaration or determination is entered or issued shall, and agrees to, pay all costs of suit and reasonable attorneys’ fees, such as may be established by the arbitrator.

ARTICLE IV

TERMINATION, AMENDMENT AND SEVERABILITY

4.1       Amendment:  Any of the conditions and/or restrictions and/or provisions for assessments or charges contained in this Declaration may be annulled, waived, changed or modified with respect to all or any portion of said Lots by a written instrument signed by the owners of record of more than one-half of the Lots which are made the subject of this Declaration.

4.2       Termination:  All of the covenants, conditions and restrictions contained in this Declaration shall run with the Property and shall be binding on, and enforceable by, all Lot owners for a period of time extending until the thirtieth (30th) anniversary of the recordation of this Declaration, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Lot owners has been recorded agreeing to change said covenants in whole or in part.

4.3       Breach:  The breach of any covenants and restrictions herein contained, or any re-entry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value as to said tract or any part thereof, but such provision, restriction or covenant shall be binding and effective against any owner of property in said trust whose title thereto is acquires by foreclosure, trustee’s sale or otherwise.

4.4       Severability:  Invalidation of any one of these covenants, conditions, restrictions or reservations by judgement or court order shall not affect any other provisions of this Declaration, which provisions shall remain in full force and effect.