Said real property is conveyed, and the grantee accepts this conveyance, subject to the following restrictions which shall be treated both as covenants and conditions:
No dwelling house or appurtenances thereto shall be erected or placed upon said real property, or any portion thereof, unless prior to the commencement of any construction, excavation or other work, two sets of complete plans and specifications therefore, including front, side and rear elevations and floor plans for each floor and basement and two plot plans indicating and fixing the exact location of such structure on the building site with reference to the street and side lines thereof and together with grading plan, if requested first, shall have been submitted in, writing for approval of and approved in writing by the grantor.
Approval of such plans, specifications and location of structures by grantor shall be endorsed upon both sets of said plans and specifications, and one set thereof forthwith shall be returned by grantor to the person submitting the same and the other shall be retained by grantor as a permanent record.
Approval of any plans and Specifications as above set forth shall not be deemed to be a waiver by grantor of the right to object to any feature or element embodied therein, if and when the same feature or element is embodied in any subsequent plans or specifications submitted for approval for use on other building site as embraced within the tracts of land hereinafter referred to of which the above described property forms a part.
Any duly authorized agent of grantor may at any reasonable time enter and inspect any building or building site upon or in the above described proper-ty in the event grantor in good faith believes that a violation of any part of these restrictions is occurring or has occurred therein or thereon.
Grantor from time to time may delegate to any person or persons the right to consider and investigate and to approve or disapprove any plans and -specifications, plot plan and grading plan hereinabove referred to.
Any building or structure commenced to be erected or placed upon the above described property shall be prosecuted to completion with due diligence.
No outhouse, garage, stable, shed, tent, trailer or temporary buildings of any kind shall be erected, constructed; permitted or maintained on the above-described property prior to commencement of the erection of such dwelling house as is permitted in paragraph second as set forth in this deed.
No hospital, sanitarium, rest home or institution of similar character shall be conducted or maintained upon any part of the above described property.
No noxious, dangerous or offensive things activity or nuisance shall be erected, maintained, operated, carried on, permitted or conducted upon, any part of the above described property.
No signs, placards or notices shall be erected, placed or maintained upon any part of said described property, except that not more than one "for sale" or "for rent" sign may be placed on said described property then held for sale or for rent, and such sign shall not exceed 18 inches by 24 inches in dimensions.
The foregoing restrictions shall be deemed automatically renewed and extended for an additional period of ten years on the tenth anniversary of January 1, 1973, unless prior to said last mentioned date the owner or owners of more than one-half of the total land area (exclusive of areas within the roads shown on the above described maps, or on maps covering the future tracts above referred to) embraced within the tracts of land as delineated upon those certain two maps entitled "Records of Survey, etc." and filed respectively July 19, 1947, in Book 2 of Licensed Surveys, pages 37 to 40, inclusive, and April 13, 1951 in Book 3 of Licensed Surveys, pages 14 and 15, in the office of the County Recorder of Alameda County, and the lands in any further and future tracts contiguous to said lands, or contiguous to such further or future tracts, provided the lands embraced in such further and future tract or tracts are now owned by grantor and form a part of that portion of the parcel of land firstly described in the deed by Syndicate Merriewood Co., Ltd. to American Trust Company, dated August 22, 1946, recorded August 30, 1946, in Book 4934 of Official Records of Alameda County, page 304 (Recorder's Series TT/77284) that lies Easterly of the general Western line of the land shown on said Records of Survey, of which the land above granted forms a part, execute, acknowledge and record in said office a declaration modifying or terminating said restrictions; and in the same manner said restrictions as the same now exist or as they may have been last so modified shall be deemed, renewed and extended for successive additional periods of ten years each unless prior to the expiration of any such ten-year period, the owner or owners of more than one-half of said total land area (exclusive of areas within the roads shown on the above described maps or on maps covering the future tracts above referred to) execute, acknowledge and record in said office a declaration modifying or terminating said restrictions.
For the purpose of modifying or terminating said restrictions upon any given date, it shall be conclusively presumed for all purposes that the owner or owners of the land embraced within said tracts of land are the persons, firms or corporations in whose names title to said land stands of record on such date as disclosed by the records on file in the office of said County Recorder.