Westwood Highlands Association Incorporated is a single-family neighborhood consisting of 283 custom-built homes located on the southwest slope of Mt. Davidson in San Francisco. Conceived and developed by the Residential Development Company of San Francisco in 1924, Westwood Highlands was one of the earliest planned residential communities in the United States where property owners all would agree to be governed by a commons set of controls and restrictions.
The Residential Development Company turned over it administrative powers and authority to the newly incorporated Westwood highlands Association in 1932. Governed by the same bi-laws and controls as originally conceived, the directors continue to preserve the neighborhoods' desirability and ensure that Westwood Highlands remains one of San Francisco's best kept secrets.
Summary of the Declarations of Easements, Restrictions, Conditions, Covenants, Charges, & Agreements affecting real property known as WESTWOOD HIGHLANDS in San Francisco, California.
Issued by Westwood Highlands Association Incorporated.
I. DURATION OF RESTRICTIONS, ETC.
All of the easements, restrictions, conditions, covenants, charges and agreements set forth in the Declarations shall affect all and each of the delineated on maps of Blocks 3080 to 3085 inclusive, 3050 to 3053 inclusive and part of Blocks 3038 and 3054, and shall run with the land and shall be perpetual except as hereinafter set forth.
All of the easements, restrictions, conditions, covenants, charges and agreements are made for the direct and mutual and reciprocal benefit of each and every lot shown on said maps, and are intended to create mutual, equitable servitudes upon each of said lots in favor of every other lot shown on said maps, and to create reciprocal rights between the respective owners of all the lots shown on said maps, and to create a privity of contract or estate between the grantees of said lots, their heirs, successors and assigns, and shall as to the owner of each lot in said tract, his heirs, successors or assigns, operate as covenants running with the land for the benefit of all other lots in said tracts and their owners.
II. DEFINITION OF TERMS
- "Street," The word "street" as used in said Declarations is defined as meaning any highway shown on said maps.
- "Front Street." The "front street" shall, as to any lot other than a corner lot, be deemed the street upon which said lot abuts. A "front street", as to any corner lot, shall be that street upon which said corner lot has its shortest frontage.
- "Side Street," A "side street" shall, as to any corner lot, be deemed to be that street upon which said corner lot has its longest frontage.
- "Dwelling House," The word "dwelling house" as used in these Declarations shall be deemed to include both the main portion of a structure and all projections therefrom such as bay, bow or oriel windows, porches or porticos covered in whole or in part by a roof, pergola or otherwise, and the like; but shall not include the eaves of such structures, nor any entirely uncovered porch, stoop or steps, the balustrades or sides of which do not extend more than three feet above the level of the first floor of said building.
- "Setback." The "setback" of any building or other structure as to any street shall be deemed to be the minimum distance between said building or other structure and the nearest line of said street.
III. PROHIBITION OF NUISANCES
There shall never at any time be erected, permitted, maintained or carried on upon said property, any place for the manufacture or sale of malt, vinous or spirituous liquor, any foundry, blacksmith shop, bakery, or manufactory of any kind, undertaking establishment, crematory, hospital, clinic, dispensary, sanitarium, asylum or institution of like or kindred nature, any place of public resort, any cattle yard, dog kennels, slaughter house, hog-pen, any stable of any kind, any public garage, or repair shop, any carpet-beating plant, dyeing or cleaning works, tannery or public laundry, or school for the teaching of wind instruments, nor any noxious thing, or noxious trade, or noxious business or use of the property whatsoever; nor shall any cattle, horses, mules, hogs, goats or other live stock or bees be kept, permitted, or maintained upon the said property.
Westwood Highlands Association may grant permits revocable at its pleasure, giving the owners of any lots, after the same shall have been improved by the construction of a building in accordance with the conditions and restrictions of said Declarations the right to keep and maintain a limited number of dogs, provided the same are not kept and maintained for commercial purposes, revocable, however, if the use thereof shall have become objectionable to the neighbors adjacent to the owner or owners to whom the permit shall have been granted.
IV. RESIDENCE RESTRICTION
There shall not be constructed, erected or maintained on any of the lots shown on said maps any flats, apartment houses, or any store or building used for mercantile or business purposes, nor shall any store or mercantile or other business of any kind be maintained or carried on upon said property, nor shall any building be erected thereon except only residence or dwelling houses, nor shall more than one residence or dwelling be erected on any single lot which shall be designed for use by more than one family, nor shall any of said property be used for any purpose other than residence purposes.
In addition to said residence it shall be lawful for the owner thereof to build on said lot owned by him, simultaneously with the construction of said residence or thereafter, a conservatory or conservatories, a greenhouse or greenhouses, a garage, a tennis court, or any other improvements of any ornamental character, provided that no outhouses shall be more than one story in height. The term "outhouses" shall include private garages not more than one story in height for the sole use of the owners or occupants of the lots upon which said garages are erected. Such private garages may be incorporated in and be made a part of dwelling houses or other permitted structures.
V. SETBACK OF BUILDINGS
- No dwelling or other structure shall be constructed on any lot nearer to the front street than the setback line shown on said maps near the respective street lines and indicated by a "dot and dash" line and the words "setback line."
- No garage except as incorporated in and forming a part of a dwelling house shall be erected within the front half of any lot.
VI. COST OF IMPROVEMENTS
No dwelling house or other structure one story in height exclusive of attic or basement shall be erected upon any of said lots, the fair market value of which shall be less than four thousand dollars ($4000). No dwelling house or other structure exceeding one story in height, exclusive of attic or basement, shall be erected upon any of said lots, the fair market value of which shall be less than the sum of six thousand dollars ($6000). If any garage is built separately from and not incorporated in the dwelling house or other structure, its fair market value shall not be less than two hundred and fifty dollars ($250).
Before commencing building operations, plans and specifications for all buildings, including garages and outhouses must first be submitted to and approved by Westwood Highlands Association. A duplicate set of plans must be filed with Westwood Highlands Association at the time of submission for approval. After work on any building is commenced, its construction thereof must proceed with due diligence to completion.
VII. RESTRICTION OF FENCES
All lots in said tract for a space of thirty (30) feet back from the front street shall be and remain unfenced. All fences constructed upon any side line of said lots shall not extend nearer to the front street than thirty (30) feet measured along said side line. As to all corner lots, the fence or boundary wall along the line of the side street shall not extend to any point within thirty (30) feet of the line of the front street and said fence or boundary wall shall only be constructed of wire or open metal or brick, stone or concrete, except that the owner of said corner lot may build a side fence of other materials provided that said fence is parallel to said side line and distant at least five (5) feet therefrom.
No Fence, hedge or boundary wall situated anywhere upon any lot shall have a height greater than six (6) feet above the graded surface of the ground upon which said fence or wall is situated.
Provided, however, that Westwood Highlands Association may in writing permit the owner of any corner lot in said tracts after the completion by him of a dwelling on said lot to construct a substantial and ornamental metallic grilled fence (not a wire fence) of form and design to be approved by it, but not to exceed three and one-half (3-1/2) feet in height, from the angle of said building nearest to the corner thereof to or adjacent to the corner of said lot for the purpose of preventing pedestrians and others from cutting across said corner.
VIII. REMOVAL OF TREES
If the branches of any tree standing upon any lot shall extend beyond the exterior boundary line of the lot upon which the tree itself stands, the owner or person interested in said lot shall remove said extending branches on demand of the person or persons affected by such extension or on demand of Westwood Highlands Association. Said Westwood Highlands Association may demand the removal of any tree or trees growing upon any easement shown on said maps. In case of the neglect or refusal of the owner or person interested in any lot to comply with any such demand or demands, Westwood Highlands Association may remove said branches of said tree or trees and recover the expense thereof from the owner or owners or person interested in said lot.
There are hereby reserved, created, imposed and retained certain easements, servitudes and rights of way over, along, upon and under the strips of land along the back line of every lot and along the side line of key lots and elsewhere, being the strips of land shown on said maps and easements and indicated thereon by dotted lines near which appear the words "9 ft. easements". Said easements, servitudes and rights of way are and shall be reserved on said property for the erection, construction and maintenance of:
- Poles, wires and conduits for the transmission of electricity for lighting, telephone and other purposes and for the necessary attachments in connection therewith;
- Public and private sewers, storm water drains, land drains and pipes, water and gas mains and pipes;
- Any other method of conducting and performing any public or quasi-public utility or function over or beneath the surface of the ground;
- The right to construct and maintain cross arms on any poles upon which to suspend wires for electric lighting or other purposes, or for telephone service, which arms may extend not more than two feet over the exterior boundary line of said easements, but in no even shall said arms and wire be nearer that twenty (20) feet above the surface of said ground.
The right to use, enjoyment, supervision, direction and control of said easements for the purposes aforesaid is hereby reserved and vested in said Westwood Highlands Association, its grantees, successors and assigns, who shall have the right of ingress and egress thereto and therefrom, and the right, privilege, and easement of using the lands charged with said easements for the purposes aforesaid, and of doing whatever may be necessary, or in the judgment convenient for the carrying out of any of the purposes for which said easements are reserved, with the right to remove trees or overhanging branches of trees thereon, and the right to construct, install, and maintain all things contemplated or reasonably included within the purposes hereinbefore specified with power to grant to any public or municipal or other corporation or individual the right to exercise said rights or to erect, construct or maintain any thereof.
No dwelling house or other structure shall be built upon the location affected by said easements.
The owner or owners of lots upon which said easements are located and defined on said "Maps of Westwood Highlands" are hereby given the right to use at their own risk that portion of the easements within the limits of their lots for garden purposes, but not for the placing or construction on any portion of said easements of improvements of a permanent character, or any that may interfere with the use and maintenance of the utilities for which said easements are designed.
The right is hereby reserved to Westwood Highlands Association to rescind any right or privilege granted to any public service corporation to use said easements in the event of the failure to supply anyone in Westwood Highlands with gas or electric service, or telephone service; and if it should be found unnecessary or impracticable to use the said easement or easements for the purpose for which they are reserved, said Westwood Highlands Association reserves the right to cause the same to be expunged from said "Maps of Westwood Highlands" by the execution and recording of such an instrument as may be necessary.
X. PROVISIONS FOR UPKEEP
All of the lots shown on said maps shall be subject to an annual charge or assessment of twelve dollars ($12.00) hereby reserved against each and every lot shown on said maps without regard to the square foot area thereof to be paid semi-annually in advance to Westwood Highlands Association on the 28 th day of February and the 28 th day of August of each year on which dates such charge or assessment shall be a lien upon each lot and so continue until fully paid. The amount of said semi-annual payments shall be six dollars ($6.00) each. If any semi-annual charge or assessment shall be delinquent if shall bear interest the rate of one (1) percent per month, and if not paid within thirty (30) days after delinquency Westwood Highlands Association may bring proceedings to collect the same by suit and there shall be added to the amount thereof the cost of preparing and filing a complaint in such suit, and in event the judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action.
In all cases where the ownership consists of any "extra sized lot" as defined in Clause XIII hereof, the owner of said property shall pay, at the same time and in the manner hereinabove provided for annual charges as follows:
If said "extra sized lot" consists of a single lot as shown on said maps and a portion of an adjoining lot sold in conjunction therewith, which said portion shall be less in area than one-half (1/2) of said adjoining lot, then the owner of said "extra sized lot" shall pay an annual charge or assessment of twelve dollars ($12.00).
If said "extra sized lot" is composed of a single lot as on said maps and a portion of an adjoining lot sold in conjunction therewith, which said portion equals one-half (1/2) or more in area of said adjoining lot, then the owner of said "extra sized lot" shall pay an annual charge or assessment of eighteen ($18.00) dollars, in two installments of $9.00 each.
Said charges and assessments shall be applied by Westwood Highlands Association towards the payment of the cost of the following upkeep or maintenance expenses, to-wit:
- Expenses, if any, incident to the enforcement of the easements, restrictions, conditions, covenants, charges and agreements contained in these Declarations, and to the collection of the charge or assessment provided for in this clause;
- Street lighting, improving and maintaining gateways or ornamental columns or any other ornamental features, repairs to streets, curbs, sidewalks, sewers and other utilities not maintained by and at the expense of the City and County of San Francisco, shown on said maps, including trees, grass plots and planted areas within the lines of such streets, and tennis courts, and playgrounds;
- Caring for vacant and unimproved lots and plots, removing grass and weeds therefrom, and any other thing necessary and desirable in the judgment of the Westwood Highlands Association to improve, beautify or make more convenient or enjoyable the living conditions and surroundings of the inhabitants and owners of property in Westwood Highlands;
- Taxes and assessments, if any, which may be levied by any authority on any unaccepted streets or portions thereof or park plots now or hereafter opened, laid out or established, and other open spaces maintained for the general use of property owners in said tracts;
- Sweeping and cleaning streets, sidewalks or any portion of said tracts maintained for the general use of owners of property therein until such time as said sweeping and cleaning of streets are provided by municipal authorities;
- Any and all expenses connected with the maintenance of an office for the transaction of the business of the Westwood Highlands Association.
Westwood Highlands Association agrees that the money so collected shall be applied to the purposes above mentioned, but it shall not be obliged to carry out any of said purposes except to the extent possible from the money so collected. Said annual charge or assessment may be adjusted or rebated in part from year to year by Westwood Highlands Association as the needs of said property may in its judgment require, or as the maintenance costs are increasingly met by municipal authorities.
XI. SIGNS, ETC.
The name and profession of any professional man or woman may be displayed upon any building in Westwood Highlands owned or occupied by said professional man or woman, with the understanding, however, and upon the condition that the size, place and character of said sign must first be submitted to and approved by Westwood Highlands Association before the same is displayed upon any portion of said dwelling. There may also be displayed upon any lot a sign not exceeding 17X20 inches of a form and style approved by said Westwood Highlands Association advertising the fact that the said lot or the lot together with the house thereon, is for sale or to let or to lease.
No radio aerial or supports for a radio aerial shall be erected on any lot or upon any building in said tract of an unsightly nature, or unless drawings showing the location, size, design and material of the proposed erection shall first be submitted to Westwood Highlands Association and approved by it.
XIII. RESTRICTION OF SUBDIVISION
The term "extra sized lot" shall mean an area composed of a single lot, as shown on said maps, and a portion of an adjoining lot sold in conjunction therewith so as to grant to the purchases a larger sized lot than according to the subdivision made by said maps.
Every such "extra sized lot" shall thenceforth be deemed and considered as a single lot with respect to the provisions of Clause IV hereof, and especially with reference to the provision thereof reading as follows:
"Nor shall more than one residence or dwelling house be erected on any single lot."
Where two "extra sized lots" adjoin, the erection of a residence or dwelling house on each thereof shall in no wise by deemed a violation of said restrictions because of the fact that either or both of said dwelling houses may overlap the original line of the lot subdivided.
But it is expressly provided that no lot or lots in Westwood Highlands shall be re-subdivided in such a manner as to divide the total area affected thereby into a larger number of lots than the number of lots into which said area is divided by said original maps.
But in all cases of re-subdivision, the provision of Clause IV hereof shall strictly apply and shall be construed to mean and shall mean that on no given area in said tract shall a greater number of residences or dwelling houses be erected than the number of single lots (disregarding fractions) into which said area is divided according to said original maps.
XIV. RIGHT TO ENFORCE
Violation of any of the restrictions or conditions or breach of any of the covenants or agreements herein contained shall give to Westwood Highlands Association the right to enter upon the property upon or as to which said violation or breach exists, and to summarily abate and remove; at the expense of the owner any erection, thing, or condition that may be or exist thereon contrary to the provisions hereof without being deemed guilty of any manner of trespass.
The result of every action of omission whereby any restriction, condition, covenant or agreement hereof is violated in whole or in part is hereby declared to be and constitute a nuisance, and every remedy allowed by law against a nuisance, either public or private, shall be applicable against every such result. Such remedy shall be deemed cumulative and not exclusive.
The provisions and conditions of these Declarations shall bind and inure to the benefit of and be enforceable by Westwood Highlands Association and to and by the owner or owners of any property shown on said maps and by their and each of their legal representatives, heirs, successors and assigns.
XV. ASSOCIATION OF PURCHASERS
The Association of purchasers contemplated by the original subdividers of said tracts was completed upon the incorporation of Westwood Highlands Association.
XVI. CONSENT OF PURCHASERS
All purchasers of property shown on said maps, by the acceptance of deeds therefore, shall thereby and by said act assent and agree to all of the provisions and covenants of said Declarations, and covenants and agree to be bound by and keep and perform the same, and shall be personally obligated to pay the charges or assessments hereinbefore provided for, and shall hold an interest as aforesaid in any lot shown on said maps.
XVII. MODIFICATION HEREOF
The provisions of said Declarations may be abrogated, rescinded or amended in whole or in part by the owners of lots holding not less that two-thirds (2/3) of the lots shown on said maps, by a declaration in writing, signed and acknowledged by them and recorded in the office of the County Recorder of the City and County of San Francisco.
None of the provisions of said Declarations and of these restrictions shall supersede or in any way reduce the security nor affect the validity of any mortgage or deed of trust covering real property shown on said maps; but it is distinctly understood and agreed that if any portion of said property is sold under a foreclosure of any mortgage or under the provisions of any deed of trust, any purchaser or purchasers under sales made by reason of foreclosure or mortgages or by reason of the failure to pay debuts due under deeds of trust shall hold any and all property so purchased at said sales subject to all of the conditions of said Declarations.
The foregoing is a summary of certain documents which appear of record in the office of the Recorder of the City and County of San Francisco, State of California, namely:
1--Declaration dated June 28, 1924, recorded June 30, 1924, in Book 895, Official Records, page 306, et seq;
2--Declaration dated December 18, 1925, recorded December 26, 1925, in Book 1203, Official Records, page 44, et seq;
3--Conveyance dated July 1, 1932, recorded February 10, 1933, in Book 2471, Official Records, page 281;
4--Amended Declarations, recorded June 15, 1944, in Book 4107, Official Records, page 35 and page 41.
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