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<br /> <br />4810-5342-0509, v. 2 <br /> 1 <br /> <br />DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS <br />AND ESTABLISHMENT OF EASEMENTS <br />OF <br />MAPLE LANE <br />This DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS AND ESTABLISHMENT OF <br />EASEMENTS OF MAPLE LANE (“Declaration”) is made by D.R. HORTON BAY, INC., a Delaware <br />corporation (“Declarant”) with reference to the facts set forth below. <br />RECITALS <br />All initially capitalized terms used but not defined in the Recitals shall have the meanings set forth in Article <br />1 (Definitions). <br />A. The Community. Declarant is the owner of a residential community situated in the City of <br />San Leandro, County of Alameda, State of California known as “Maple Lane” (“Community”). If developed <br />as planned, the Community may consist of residential Condominiums, together with an open space area, <br />and Private Streets. Declarant intends to develop the Community in multiple Phases. The first Phase is <br />planned to consist of three (3) Condominiums with an estimated total of thirty-nine (39) Condominiums. <br />Declarant makes no guarantee that the Community will be constructed as presently proposed. Declarant <br />intends to establish a plan of condominium ownership and to develop the Property as a condominium <br />project within the meaning of California Business and Professions Code Section 11004.5(c) and California <br />Civil Code Section 4125 to conform with the provisions of the California Subdivided Lands Law (California <br />Business and Professions Code Section 11000, et seq.) and to subject the Property to certain limitations, <br />restrictions, conditions and covenants as hereinafter set forth, in accordance with the provisions of <br />California Civil Code Sections 4000, et seq. <br />B. The Property. The Community initially consists of the real property described on Exhibit <br />“A” (“Property”). Declarant may add to the Property all or any of the real property described on Exhibit <br />“B” (“Annexable Property”) and upon annexation, the Annexable Property will be subject to this <br />Declaration and included within the definition of the Property. <br />C. The Association. Declarant has formed the Maple Lane Community Association, a <br />California nonprofit mutual benefit corporation (“Association”) to manage and govern the Community and <br />to perform certain maintenance obligations and provide certain services for the benefit of the Community. <br />A primary responsibility of the Association will be to maintain the areas designated as Association Property <br />in this Declaration and in Supplementary Declarations. In addition, the Association will provide design <br />review and other services for the benefit of the Owners and the Community as provided in the Governing <br />Documents. <br />D. Ownership Interests. Owners of a Condominium will receive title to a Unit plus an <br />undivided fractional interest as tenant in common to the Common Area located within the Lot or Module, as <br />applicable, in which the Unit is located. In addition, each Owner of a Condominium will receive the exclusive <br />right of use and occupancy of a portion of the Association Property designated as an appurtenant Exclusive <br />Use Easement, all as shown on the Condominium Plan covering that Phase. Each Owner of a <br />Condominium will also receive an easement for ingress, egress and recreational use over the Association <br />Property of the Phase in which the Condominium is situated and within each other Phase, effective upon <br />annexation and conveyance of the first Condominium in each such subsequent Phase to a First Owner, <br />subject to the terms of the Governing Documents. Each Condominium shall have appurtenant to it a <br />membership in the Association. <br />E. Dispute Declaration. A separate Master Dispute Resolution Declaration will be or has <br />been recorded against the Property and will set forth, among other matters, Declarant's binding dispute <br />resolution procedures for the resolution of all Claims by an Owner or the Association involving Declarant or <br />a Declarant Party, including without limitation, Construction Defect Claims. Each Owner and the Association <br />are bound by the dispute resolution procedures set forth in the Master Dispute Resolution Declaration. <br />254