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HomeMy WebLinkAboutOV121424No. 99-5650872 Limitation of Liability for Informational Report IMPORTANT - READ CAREFULLY: THIS REPORT IS NOT AN INSURED PRODUCT OR SERVICE OR A REPRESENTATION OF THE CONDITION OF TITLE TO REAL PROPERTY. IT IS NOT AN ABSTRACT, LEGAL OPINION, OPINION OF TITLE, TITLE INSURANCE COMMITMENT OR PRELIMINARY REPORT, OR ANY FORM OF TITLE INSURANCE OR GUARANTY. THIS REPORT IS ISSUED EXCLUSIVELY FOR THE BENEFIT OF THE APPLICANT THEREFOR, AND MAY NOT BE USED OR RELIED UPON BY ANY OTHER PERSON. THIS REPORT MAY NOT BE REPRODUCED IN ANY MANNER WITHOUT FIRST AMERICAN'S PRIOR WRITTEN CONSENT. FIRST AMERICAN DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION HEREIN IS COMPLETE OR FREE FROM ERROR, AND THE INFORMATION HEREIN IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, AS -IS, AND WITH ALL FAULTS. AS A MATERIAL PART OF THE CONSIDERATION GIVEN IN EXCHANGE FOR THE ISSUANCE OF THIS REPORT, RECIPIENT AGREES THAT FIRST AMERICAN'S SOLE LIABILITY FOR ANY LOSS OR DAMAGE CAUSED BY AN ERROR OR OMISSION DUE TO INACCURATE INFORMATION OR NEGLIGENCE IN PREPARING THIS REPORT SHALL BE LIMITED TO THE FEE CHARGED FOR THE REPORT. RECIPIENT ACCEPTS THIS REPORT WITH THIS LIMITATION AND AGREES THAT FIRST AMERICAN WOULD NOT HAVE ISSUED THIS REPORT BUT FOR THE LIMITATION OF LIABILITY DESCRIBED ABOVE. FIRST AMERICAN MAKES NO REPRESENTATION OR WARRANTY AS TO THE LEGALITY OR PROPRIETY OF RECIPIENT'S USE OF THE INFORMATION HEREIN. No. 99-5650872 SPECIAL REPORT SCHEDULE A 1. This report is for informational purposes only and is not to be considered as a commitment to issue any form of Title Insurance Policy. This report is for the sole use and benefit of the parties set forth in Number 2 below and liability is hereby limited to the amount of the fee paid. This report was prepared from only those items of public record shown in the title plant indices of the issuing company to show the condition of title as reflected by same. Those items to which the hereinafter described land is subject are set forth in Schedule B, Part Two. No attempt has been made to reflect the condition of title relating to the items set forth in Schedule B, Part One. 2. For the use and benefit of: Maracay Homes/WLB/Town of Oro Valley The Title to the fee estate in the land described herein is at this date hereof vested in: Maracay 91, L.L.C., an Arizona limited liability company 4. The land referred to in this report is situated in Pima County, Arizona, and is described as: SEE EXHIBIT "A" ATTACHED HEREIN Search made to July 18, 2014 at 7:30 A.M. TITLE SECURITYAGENCY, LLC, as Issuing Agent for First American Title Insurance Company By.- David Riiey/dpr (520)577-B707x251 No. 99-5650872 THENCE NORTH 04 DEGREES O1 MINUTES 50 SECONDS EAST, ALONG SAID EAST LINE, A DISTANCE OF 284.92 FEET; THENCE NORTH 09 DEGREES 14 MINUTES 59 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 231.94 FEET; THENCE SOUTH 80 DEGREES 45 MINUTES 01 SECONDS WEST, ALONG THE NORTH LINE OF SAID BLOCK 1, A DISTANCE OF 153.13 FEET TO THE POINT OF BEGINNING. No. 99-5650872 SCHEDULE B PART ONE: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, liens, or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water; whether or not the aforementioned matters excepted are shown by the public records. 6. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 7. Lack of a right of access to and from the land. No. 99-5650872 SCHEDULES (All recording data refers to records in the office of the County Recorder in the County in which the land is situated.) EXCEPTIONS: 1. Taxes for the full year of 2014. (The first half is due October 1, 2014 and is delinquent November 1, 2014. The second half is due March 1, 2015 and is delinquent May 1, 2015.) 2. 2013 Tax Rate: 15.0091 3. Any charge upon said land by reason of its inclusion in Vistoso Community Association. 4. Any charge upon said land by reason of its inclusion in Central Arizona Water Conservation District. 5. Any charge upon said land by reason of its inclusion in Golder Ranch Fire District. 6. Covenants, conditions and restrictions in the document recorded as Docket 8021, Page 925; recorded as Docket 8629, Page 576; recorded as Docket 10037, Page 1540; recorded as Docket 11565, Page 1377 and Tract Declaration recorded as Docket 8151, Pages 2548 and 2623, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes. Thereafter Assignment and Assumption of Declarant Rights recorded August 21, 2012 at Sequence No. 2012-2340750. Thereafter Assignment of Declarant Rights Under Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso recorded October 01, 2013 at Sequence No. 2013-2740197. 7. An easement for sewer and public utility and incidental purposes, recorded as Docket 11158, Page 1. 8. The terms, conditions and provisions contained in the document entitled "Memorandum of Agreement Regarding Lot Premiums" recorded October 01, 2013 as 2013-2740198 9. The terms, conditions and provisions contained in the document entitled "Memorandum of Right of First Opportunity" recorded October 01, 2013 as 2013-2740199 10. All matters as set forth in Record of Survey, recorded as 2012-2500134 I No. 99-5650872 11. Any existing public utilities in portions of abandoned Pebble Creek Drive by Resolution of Abandonment by the Town of Oro Valley and a Temporary Utility Easement, recorded June 30, 2014 as 2014-1810801. 12. Water rights, claims or title to water, whether or not shown by the public records. End of Schedule B No. 99-5650872 Farst:American Title Privacy Information We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. 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When, as with the public record, we cannot correct inaccurate information, we will take all reasonable steps to assist consumers in identifying the source of the erroneous data so that the consumer can secure the required corrections. Education We endeavor to educate the users of our products and services, our employees and others in our industry about the importance of consumer privacy. We will instruct our employees on our fair information values and on the responsible collection and use of data. We will encourage others in our industry to collect and use information in a responsible manner. Security We will maintain appropriate facilities and systems to protect against unauthorized access to and corruption of the data we maintain. Form 50-PRIVACY (9/1/10) Page 1 of 1 Privacy Information (2001-2010 First American Financial Corporation) i• . •/ly �:. �W�+�' M1'i!"i '. aG ,i :iTi-• •�" �`.,• .': �5 "�'�! .•�, •'� '• �• 2' 'IT I 1 PYMA EEh OUNTY RECORIY RICNARD KENNEOYr RECORDER PIMA COUNTY• ARIZONA CERTIFICATE OF RECORDING 04/24/87 08:00:001.1 NO. OF PAGES: 100 SEQUENCE': 87066117 -DOCKET! 080CI PAGE: 0925 RECORDING TYPE! RESTRICTION + �.. GRANTOR: RANCHO VISTOS3 I•: GAANtEE: RESTRICTION r 100 PAGES AT s 1oo.oa —� CONVERSION FEE 3.a0 0 AFFIDAVIT AT 2.00 EACH *00 I' r TFATI 0 COPIES AT 1000 EACH 000 LEWIS K ROCA 1 POSTAGE AT loco EACH loco 100 WEST 4ASHINGTON ST SEARCHES AT 11000 EACH 000, r. 23RD FL03R - PHOENIx 42 85003 1899 --------- 602-795-1207 TOTAL _ 104000 f SRO AMOUNT PAID S 104000 DEPUTY RECORDER 1111 REC3 AMOUNT DUE 3 .00 r A 1 r 1 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24. 25 26 y �. 44r �Ip 1 of 100 4 8:48 AM v III TABLE OF CONTENTS w 11 PAGE 3• ARTICLE I DEFINITIONS ................................... 3 4 ARTICLE It PROPERTY AND PERSONS BOUND BY THIF DECLARATION ................................... 10 5 2.1 General Declaration.....,.-, ........ 0.. 10 6 2.2 Owners and Occupants Bound ............. 11 2.3 Association Bound ...................... 11 7 2.4 Subsidiary Associations Bound........., 11 $ ARTICLE III EASEMENTS AND RIGHTS OF ENJOYMENT IN THE CObMN AREAS.... 11 9 3.1 Easements and Rights of Enjoyment...... 11 3.2 Ingress and Egress Over Certain 10 Common Areas ........................... 12 3.3 Delegation of Use ...................... 14 11 3.4 Waiver of Use..... ..................... 14 3.5 Acceptance of Certain Common Areas..... 14 12 3.6 Temporary Sign Easement................ 15 13 ARTICLE IV ARCHITECTURAL AND LANDSCAPING 14 RESTRICTIONS AND CONTROL ...................... 15 4.1 Landscapinn Restrictionts............... 15 15 4.2 Poster and Duties ....................... 16 4.3 Organization of Architectural 16 and Landscaping Review Committee....... 16 4.4 Meetings and Compensation of 17 Architectural and Landscaping Review Committee ....................... 17 18 4.5 Architectural and Landscaping Review Committee Guidelines............ 18 19 4.6 Obligation to Obtsin Approval.......... A 4.7 Waiver ................................. 19 20 4.8 Liability .............................. 19 4.9 Appeal to Board ........................ 20 21 4.10 Fee .................................... 20 4.11 Inspection......... .................... 20 22 4.12 Declarant's Jurisdiction over Non -Residential Parcels ................ 20 23 24 25 E11.1 (i) 8021 926 Pa ego .1 67,128l2414 8:49 t 1 ARTICLE V LAND USE CLASSIFICATIONS, Fi.Rxx x:A 3 Q AND RESTRIC110H5............... 21 5.3- Land Use Classifications ............... 21 3 5.2 Covenants, Conditions, Restrictions and Easements 4 Applicable to Single Family Residential Use, Residential 5 Apartmen- Development Use, Resident 1 Condominium 6 Develoomint Use, and Cluster Residenti.l Use ........................ 23 7 5.3 Covenant:.. Conditions, Restrictions and Easements 8 Applicable to General Commercial Use, Cow -vial Office Use, 9 Industrial Park Use and Hospital and Health Care Use........... 27 10 5.4 Covenants, Conditions, Restrictions and Basements 11 Applicable to All Land Use Classifications ........................ 31 5.5 Variances .............................. 39 12 ARTICLE VI ORGANIZATION OF ASSOCIATION ................... 40 13 6.1 Formation of Association ............... 40 14 6.2 Board of Directors and Officers........ 40 6.3 Association Rules...................... 41 15 6.4 Personal Liability ..................... 41 6.5 Subsidiary Associations ................ 41 16 6.6 Mergers or Consolidations .............. 41 1711 ARTICLE VII MEMBERSHIPS AND VOTING........................ 42 18 7.1 Votes of Owners of Lots and Parcels.... 42 7 2 Declarant .............................. 44 19 7.3 Voting Classes ..... ....... 0....... ..... 44 7.4 Right to Vote .......................... 45 20 7.5 KwAbersI nights ........................ 45 7.6 Transfer of tYtembership................. 45 21 ARTICLE VIII ASSESSMENTS AND CREATION OF LIEN .............. 45 22 8.1 Creation of Assessment Lien; 23 Personal Obligation of Lot or 24 Parcel Owner ......................0.... 45 25 26 8021 027 Page 3o 1 07128:2014 8:49 3 4 5 6 7 8 9 10 D 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 8.2 Annual Assessments ..................... 46 3.3 ReLc oE Asis ssment... ... . . .. . . . . . .. • ... 47 • ==am Ani nual rawer si3ffi Snr.. • ............ 51 8.5 Special ALsessments.................... 52 8.6 Notice and Quorum for Any Action Authorized Uneer Sections 8.4 and 8.5................................ 52 8.7 Maintenance Assessments ................ 53 8.8 Annual Assessment Period ............... 53 8.9 Billing and Collection Procedures...... 53 3.10 Collection Costa and Interest on Delinquent Amounts.................. 54 8.11 Statement of payment................... 54 8.12 Exempt Property.......... .... 6........ a 54 ARTICLE IX ENFORCEMBST AND THE ASSESSMENT LIES........... 55 9.1 Association Remedies to Enforce Assessments .................... 'S5 9.2 Subordination of Assessment Lien....... 55 9.3 Release of Recorded Assessment Lien.... 56 ARTICLE X USE OF-:,SSCGCIATION FUNDS...................... 56 10.1 Use of Association Funds............... 56 10.2 Borrowing Power.... .................... 56 10.3 Association's Rights in Spending Funds From Year to Year ................ 56 ARTICLEXI MAINTENANCE ................................... 57 11.1 Common Arcas and 'Public Rights —of -Way.... ...... • . . . . . . . . . . . ♦ . .. 57 11.2 Assessment of Certain Maintenance Costs...... ................ 58 11.3 Improper Maintenance and Use of Lots and Parcels ............... 58 11.1 Excess Maintenance Costs... ............ 59 ARTICLE XII RIGHTS AND POWERS Ov .NSSOCIATIOU.............. 59 12.1 Rights, Powers and Duties of the Association ..................... 59 12.2 Rules and Regulations .................. 59 12.3 Association's Righ:a of Enforcement.... 60 12.4 Contracts with Others .................. 60 8021 ,-.3 Page 40 1 67/28i2914 8:43 %i . . .o 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18� 19 20 21 12 h 23 24 25 26 12.5 Procedure for Change .. Use of Co-mon Areas ...... 60 12.6 Procedure for Transfers of Common Areas ........................... 60 ART'CLF. XIII TERM; AME40HENTS; TERMINATI0N................. 61 13.1 Term; Method of Termination............ 61 13.2 Ar-endments .......... 6.................. 62 13.3 Right of Amendment if Requested by Governmental Agency or Federally Chartered Leading Institution ............................ 62 ARTICLE XIV ANNEXATION OF ADDITIOVAL PROVU Y............. 63 1.4.1 Annexation of Additional Property...... 63 14.2 Supplementary Declarations ............. 63 14.3 Annexation any] De -Annexation of Certain Property .................... 64 ARTICLE XV EMINENT DOMAIN AND 17NSIIRANCE INVOLVING THE COMMON AdEA..................... 65 15.1 Eminent Domain .......................... 65 15.2 authority to Purchase Insurance........ 65 15.3 Individual Responsibility .............. 66 15.4 Insurance Claims... .................... 66 ARTICLE XVI MISCELLANEOUS ................................. 66 16.1 Enf 3rcement Rights ..................... 6-6 16.2 Interpretation of the Covenante........ 67 16.3 Severability ........................... 67 16.4 Rule Against Verpetuities.............. 67 16.5 Change of Circumstances ................ 67 16.6 Daclarant's Disclaimer of Representations ........................ 67 16.7 Succe-arc-a and Assigns ................. 68 16.8 Gender and Number ...................... 68 16.9 Captions ............................... 68 16.10 Notices ................................ 58 16.11 FHA/VA Approval ........................ 68 16.12 Supplementation Rights ................. 68 16.13 rater Rights ................0.......... 69 8021 9 2:9 Page 5 oIM1 07l28.2014 8 49 1 DPI 2 3 4 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a•� THIS RESTATED DECLARATION OF COVERAM, CONDITTIONS, RESTRICTIONS AND EASEilEMS is executed to be effective as of the 14& day of Aftil_, 1987, by NOLPOff UCEL t3RMP, INC., an AritoZa corporation. A. Declarant is the owner and developer of certain .real propetl-V in Pima County, Arizona located -primarily north of Tangerine Road, west of the Tucson -Florence -Siosay. (Oracle Rz d) and east of King Air Road, to bo known aWd ,4 viRloped under the name •Rancho 9istovso'. H. Declarant previously executed and caused to be Recorded that certain Declaration of Covenants, Coaditions. Restrictions and Easements for Rancho Vistoso dated September 16, 1936, and recorded on September 17, 19" In .Docket 7872, pages 1688-1786, and te-recorded OL November 20, 1985 in Docket 7313, pages 1252-1379, all in the offici of the Pita Counts,_ Arisons Recorder (the •Original Declsret.ion•). C. Declarant desires.Lo execute and Record this Restated Declaration of Covenants, tonditiots, Reatrittloo and. Easements for Rancho vistoa3, in substitution for. and ift-the full place and stead of the Original tsclazati^n. D. Declarant desires to develop taucho Vistoso as a planned area development with 'residential, commercial and industrial park areas,, together with recreational, areas. devel- oped and undeveloped open spaces, a privately awm*d coimamdity golf course, pedestrian god equestrian trails, blc*cle psttis and other facilities, while preserving, to the maximum intent practicable, the natural desert character of the land comprising Rancho visto'so. In awition, Declarant contemalates that certain land within or ediacent to Rancho Vistoso *111 be, developer as a res^rt botel& swim and to mis center, and desert -style golf cos+se. E, ': part of the d-.volar.:,: C of RaVistoso and without obligat;on so to do, Declarant intends to dedicate A .yy Page 6 of 8021 9 30'23,201A8:49A 1 2 3 a 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2# 24 25 26 portions of Rancho Vistoso to the public and to Record va:iotts additional covenants, coalitions and restrictions apart Crow - this Declaration in the form of separate Tract Declarations or Subsidiary Declarations which shall cover cc-rtain portions of Rancho Vistoso to be specified in such Tract -Declarations or Subsidiary Declarations, and may join with.nurchasers of cne or more Parcels to execute and Record oupplenwits to thxs Declaration pursuant to Section 16.12 hereof. F. Declarant desires and intends that the Covered Property shall be held, sold and conveyed subject to the ease- ments, restrictions, covenants and conditions in this - Declaration, which; (4-) are for the purpose of protecting the value, desirability, attractiveness and natural desert charac- ter of the Covered Property; (ii)•shall run with all.of the real property comprising the Covered Property; (iii)+shall be binding on all parties having any -right, title or interest in the Covered Property, or any part thereof; and (iv) ahall inure to the benefit of the aforementioned parties and their. successors and assigns. G. Declarant desires to form an Arizona nonprofit corporation to be.known as the "Vistoso Community Association,' which shall be the "master association" (excluding all Subsidiary Associations) for the purposes of, among other things; (i) holding title in fee or otherwise to the Common Areas; (ii) the efficient preservation of the values and amen- ities of the Covered Property, in regard to which the Association will be delegated certain powers of administering and maintaining the Common Areas and enforcing this Declaration and the Architectural and Landscaping Review Committee Guidelines adopted pursuant hereto; and, (iii) establishing, collecting, disbursing and enforcing the Assessments created herein. H. in regard to Declarant's formation of the Association and without obligation so to dc, Declarant may seek approval thereof and hereof by the FHA or the VA or any other Agencies whose approval Declarant deems necessary or desirable in Declarant's sole discretion. 1. Until such time as the Association is incorpo- rated, Declarant shall and does hereby reserve to itself, its successors and assigns, the right to exercise the powers, rights and duuie3 granted to or imposed upon the Association_ under this Declaration. -2.- 8021 931 IN 6269f.age 7 o1 00 P28!2014 8:49 A. I NOW, THEXAFORE, Declarant heieh-., declares, covenants and agrees as fellows: 2 ARTIQE t 3 DEFINITIONS 4 As used in this Declaration, the follcwing terms shall have the following mean -lugs: 1.1 "Additional Covenants" shall mean the covenants, 6 rest::icticns, reservations, charges, servitudes, assessme:ts, conditions, liens or easements in addition to triose provided for in this Declaration, which are provided for in any Recorded Subsidiary Declaration, any Rebordbd Tract Declaration., any 81 Recorded contract, deed, declaration or other instrument or any supplement to this Declaration adopted with respect to.one or 91. more Pon -Residential Parcels pursuant to Section 16.12,hereof; 10 1.2 "Additional Property" shall mean the real.,property I1 described -on Exhibit "A" attached hereto and by this reference incorporated herein; 12 1.3 "Adjustment Date" shall mean January 1 of each year during the period.this Declaration remains in effect; 13 14 I..4 " kagacies" • shall mean the FHA, the VA, the liederal National Mortgage Association, the Federal Home Loan Mortgage 15 'Corporation and any other governmental agencies or financial institutions; 16 1.5 "Annual Aapessnients" shall mean the annual 17 assessments levied b; the Hoard pursuant to Section 8.2 of this Declaration; 1$ 1.6 "Apartment Parcel" shall mean a Parcel designated pursuant to Section 5.1 of this Declaration as having ai 19 Residential Apartment Development Land Use Classification; 20 1.7 ".Apartment Unit" shall mean a Dwelling Unit, located on a portion of the Covered Property which has been 21 designated as being for Residential Apartment Development Use, the occupancy of which is governed by a rental agreement as 22 defined in A.R.S. S 33-1310(11); 23 1.8 *Architectural and Landscaping Review Committer_ shall mean the committee formed pursuant to Article IV of this 24 Declaration; 25 26 9 1.9 "Architectural and Landscaping Review Committee- I Guidelines" shall mean the rules and regulations adopted, !. -3- a e 8 OA 626 ! 4t a 8:49 AL 8021 932 1 2 3 4 5 6 7 R 9 10 11 12 13 14 :5 16 17 18 19 20 21 i2 23 24 25 26 amended end jupplemented by the Ar:hitectural and Landscaping Review Committee pursuant to Section 4.5 of this Declaration; l.lo wArticles- shall mean the Articles of Incorporation of the Association, as amended or restated from time to time, on file with the Arizcna Corporation Commission; 1.11 "AssessmentS" shall mean all Annual Assessments, Special Assessments and Maintenance Assessments. 1.12 "Asnessment Lien"_ shall mean the charge and continuing servitude and lien against a Lot or Parcel for payment of Assessments and Special use Fees as described in Section 8.1 of this Declaration; 1.13 "Assessment Period" shall mean each period for which Assessments are to be levied against a Lot or Parcel pur- suant to this Declaration, as more particularly described in Section 8.8 below; 1.14 "Association" shall mean the "Vistoso Community Association", an Arizona nonprofit corporation, its successors and assigns; 1.15 shall mean the reasonable rules and regulations adopted by the Association pursuant to Section 6.3 of'this Declaration; 1.16 "Board" shall mean the Board of bisectors of the Association; 1.17 -Bylaws" shall mean the Bylaws of the Association, as amended or restated from time to time; 1.18 "Common Areas"_ shall mean all real property a,id the improvements or amenities thereon, all easements and licenses, and all personal property and facilities, which shall from time to time be owned, controlled or operated by the Association (including, but not limited to, areas used for landscaping.- flood control, drainage, bicycle or jogging paths, parks, recreational areas, open space, walkways, equestrian trails and pedestrian and vehicular ingress and egress), or .with respect to *vhich the Association has administrative, main- tenance or other similar responsibilities; 1.19 "Condominium Parcel" shall mean a ?arcel desig- nated pursuant to Section 5.1 of this Declaratior. as caving a Residential Condominium Development Land Use Classification; 1.20 "Condominium Unit_ shall mean a Dwelling Unit constituting a "unit" in a "condominium", together with any -4- Page 9 of 00 8021 933 626900',28!20148:49 2 3 4 5 6 7 8 9 10 11 12 13 1e. 15 16 17 18 19 20 21 22 23 24 25 26 appurtenant interest in all "common elements", as such terms are defined in Chapter 9, Title 33, Arizona Revised Statutes, as amended; 1.21 "County" shall mean Pima County, Arizona, provided, however, that in the event Rancho Vistoso (or any part thereof) is at any future time annexed into a municipality or becomes part of a county other than Pima County, the term "County" shall mean and refer to such municipality or other county, as applicable; 1.22 "Covered Property" shall mean the property more pa=ticulsrly described on Exhibit "B" attanhed hereto and incorporated by this reference, plus the Additional Property, if and to the extent annexed; 1.21 neclgrant" shall mean Wolfswinhel Group, Inc., an Arizona corporation, and the successors and assigns of Wolfswinke! Group, Inc.'s rights and powers hereunder; 1.24-nsclaration" shall mean this Restated Declaration of Covenants, Conditions, Restrictiors and Easements, as amended or supplemented from time to ti►ae; 1.25 "Delinquent Amount" shall mean any Special Use. Fee or Assessment, or installment thereof, not paid wLen Sue; 1.26 _Veyelo2er owner* shall mean a Person in the business of developing, leasing and/or selling real property and who has acquired one or tore Lots or Parcels -in Rancho Vistoso in connection with, and in the course of, such busi- ness, for the purpose of developing, leasing or sellbig such moots or Parcels, and shall also include a Person who acquires a Non --Residential Parcel for such Person's own development and use; 1.27 "Dv..:llina Unit" shall meca any building, or part thereof, situated upon a Lot or ParcAl and intended for use and occupancy as a residence by a S'ngle Family; 1.28 "Event.of Foreclo.51ite_ shall mean the foreclo- sure, ze acceptance of a deed in lieu of foreclosuire, or the transi r of title by trustee's deed at a trustee's sale in rega•' to a mortgage, deed of trust or other encumbrance infe- rior i priority to an Assessment Lien; 1.29 "Exempt Property' shall mean portions of the Covered Property not subject to Assessments, which shall be the following areas now or hereafter located within Rancho Vistoso: 1.29.1 all Government Property; -5- Page 10 8021 934 6259018!2014 8:49 ME 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 18 19 20 2.1 22 23 24 25 26 1.29.2 a Parcel with a Land Use Classification of School Use or Church Use, unless and to the extent it is other- wise indicated in the applicable Recorded Tract Declaration or other appropriate Recorded instrument; 1.29.3 all Common Areas for so long r:i Declarant or the Association is the owner thereof; and, 1.29.4 all Limited Common Areas; 1.30 "M&O shall mean the ?ederal Housii.g Administration; 1.31 "Funds" shall mean all funds and property col- lected and received by the Association from any source; 1.32 "Governinent Property_"_ shall mean all land and improvements owned by or dedicated to a public or governmental agency or authority for so long as the public or governmental agency or authority is the owner or beneficiary thereof, except for land or improvements, or both, owned and/or operated by a public or governmental agency or authority acting in a proprie- tary capacity; 1.33 "index" shall mean'the Consumer Price Index, All Items, All Urban Consumers'(1967 - 100) published V the United States Department of LaborI; "Comoarisz!n Index'" shall mean the Index published for the month which is three months prior to an Adjuntment Date; and "ease ndex"_ shall wear the Index pub- lished for the month which is 12 months prior to the month for which the Comparison Inde3.is published; 1.34 "Land U52. Classification"_ shall mean a blassifi- c:ttion of a portion of tha:Covered Property for a particular use, as described in Section 5.1 of this Declaration; 1.35 -Limited Common Areas" shall mean all areas of any Parcel now or hereafter designated on a Recorded Tract Declaratiot or a Recorded subdivision plat as an area to be used in common by the Owners or Occupants of a particu"ar Parcel or subdivision (which areas shall also be mainteined by and at the expense of the Owners or occupants of such Varcel or subdivision, or by a homeowners' or similar Subsidiary Association established with respect to such Parcel or subdivi- sion); 1.36 :Lot" shall mean: 1.36.1 an areaof real property designates! as a "Lot" on a Recorded Tract De,claration or Recorded subdivision plat approved by Declarant, covering any Parcel, or a portion -6- 8021 935 page 11 V26907,.1z&2v1 a 8:48 . .1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 thereof, which area of real property is limited by a Tract Declaration, Subsidiary Declaration or other Recorded instru- ment to ei�her Single Family Residential Use or Cluster Residential Use; or 1.36.2 a Condominium Unit. The term "Lot" shall not include Exempt Property; 1.37 ",R shall mean the assessments, if any, levied by the Board pursuant to Sections 8.7 and 11.2 of this Declaration; 1.38 water Development *,Inn" shall vein t.m concep- tual or site development plan at any time in effect for Rancho Vistoso and approved by the County or any other governmental J,::-isdiction having the auth:-trity to approve and regulate mas- ter plans for planned area developments located in Rancho Vistoso, as the same may be amedded from time to time. A cur- rent copy of the then applicable Master Development Plan shall be on file at all times in the Association office. If required by the County or any Agency, the Master Development Plan shall be Recorded; 1.39 "Maxim Annual Assessment" shall mean the amount established by or in accordance with Section 8.4 of this Declaration; 1.40 "Member" whall mean any Owner, including Declarant for so long as Declarant is a_ Class A or Gass B Member; 1.41 "Membership" shall mean the amaidam of rights and duties of nv--sra, including Veclarant so long as Declarant is a Class A or Class B Member, with respect to the Association; 1.42 "Net Acre" shall mear_ a gross acre less any.dedi- cated rights -of -way and Common Areas and shall be equivalent to what is commonly referred to as a 'net net acre"; 1.43 "Non -Developer Owner" shall mean any owner who is not a Developer Owner; 1,44 "Non -Residential Parcae* shall mean a Parcel restricted under a Recorded Tract Declaration or other Recorded instrument to nonresidential uz%ss; 1.45 *Ogggpp "_ t sall mean any PersGn, other than an Owner, occupying a Parcel or Lbt, or any portion thereof or building or structure thereon, as a Resident, Tenant, licensee or otherwise, other than on a merely transient basis: ofm 8021 936 6269 Page 12 cl I �7128,2014 8:48 A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 76 1.46 "owner" shall mean the Record holder of legal title to the fee simple interest in any Lot or Parcel or, in the cas-i of a Recorded "contract" (as that term is defined in A.R.S. S 33--741(2)), the holder, of Record, of the purchaser's or vendee's interest under said contract, but excluding others who hold such title merely as security. If fee simple title to a Lot or Parcel is vested of Record in a trustee pursuant to A.R.S. §§ 33-801 at sea., for purposes of this Declaration legal title shall be deemed to be held by the trustor (or the trustor.'s successor of Record), and not by the trustee. An Owner shall include any Person who holds Record title to -a Lot or Parcel in joint ownership or as an undivided fee interest; 1.47 "Parcel" shall. bean each area of the Covered Property as shall be aetinea and iimited to a specific Lana use Classification by a Recorded Tract Declaration, as well as any lot (as distinguished from Lots, as defined in Section 1.36), pad or sub-par^el thereof, if such lot, pad or sub -parcel shall have been created by a parcel split or subdivision approved or per►titted in accordance with Section 5.3.9. Notwithstanding the preceding sentence, a Parcel other than a Non -Residential Parcel shall cease being a Parcel upon Recording of a subdivi- sion,plat or a declaration of condominium creating Lots or Condominium Units in regard thereto. In the ca3e )f the staged development of a Parcel having a Land Usti Classificatson of Cluster Residential Use, Single Family Residential Use or kasidential Condominium Development Use, those .ireas of such Parcel not yet covered by a Recorded subdivision plat or decla- ration of condominium creating Lots or Condominium Units shall continue to be a Parcel for purposes of this Declaration. Futt:xer, for purposes of determining voting rights, Assessments and Memnership rights attributable to portions of the Covered Property not yet subject to Recorded T:act Declarations, all of such portions other than Exempt Propercy shall also be deemed to be Parcels; 1.48 "Person,"_ shall mean a corporation, partnership, joint venture, indi Adual, trust or any other legal entity; 1.49 "Rpcorded.Assessment Lien" shall mean are Assessment Lien with respect to which the Hoard has Recorded a notice of lien covering the Delinquent Amount plus interest and accrixed collection costs against the applicable Lot or Parcel (provided, ",owever, that the Board's failure to Record an Assessment Lien against a Lot or Parcel shall not be deemed to invalidpi:e or extinguish the Assessment Lien with respect to such Lot or Parcel); 1.50 "Record". "Recording" and "_Recorded" shall mean rlacing or having placed a docurr-nt of public record in the official Records of Pima County, Arizona; -8- page 13 8021 937 37 626901,,,2a 2014 s:as 1 2 3 4 5 6 .7 9. 10 11 12 13 14 15 16 17 18 19 10 21 22 23 24 25 26 _ lid h •+ .: • 'gip ..Y ... • 1.51 ;Rental Business Sgace"" shall mean am.area within a commercial building or shopping center designed for lease to a business Tenant; 1.52 "Residers shall mean: 1.52.1 each Tenant who residds on the Covered _ Property and the members of the immediate family of each Tenarit who reside on the Covered Property; 1.52.2 each Owner who resides on the Covered Property and the members of the immediate family of each Owner who reside on the Covered Property; and, .1.52.3. such._..peracns_ ag_ the. Bbkrd, in its. •ahs-olitte' discretion, may authorise, ;ncludihd without limitation Of an Owner or Tenant; : r' `'•r, Y 1.53 "Residential .Atarttnent Develbpmen :"F ha11'.fuean:: ": development corn-rised of Apartment Units and ttie surrouu�.fng . , , ;'r area which is intended to be integr6t d and aitEie the dame 10ra='4 r Y' ership; 1.54 Residential Condominius< Devf►logjt { +` • @��� 'shall mein' a development comprised of Condominium Units aad :be ' f surrounding Limited Common Areas; 1.55 *sinaie Family" shall mean- a group of related by blood, marriage or legal a�doptit fly or A 116 W more than three unrelated perso:is mgitatainiift a 662don hold; 1.56 "5inale Family Parcei,,� shall mean a Parcel tlesilg nated pursuant to Section 5.1 of this Declaration as haviiq • .,, Single Family Residential or Cluster Residential Land Use •. �' "''� Classification; .1' X.57 'Special Assessments" shall mean the assessments, if any, levied by the Boxrd pursuant to Section 8.5 of this C Declaration; 1.58 . mpg,-,ial Uge Fee:", shall mean any fees charged by the Association for use of the ..ommon Areas pursuant to Section 3.1 of this Declaration; 1.59 "Subsidiary Association" shall mean an Arirona nonprofit corporation, i.s successors and assigns, established for the l.arpose of administering and enforcing the provisions of any Recorded Subsidiary Declaration or Recorded Tract Declaration; -9r- Page 14 3 0 5269C'� 28!2014 s:as 9021 n it O 1 1 2 3 4 5 6 7 F 9 10 11 12 13 14 15 16 17 le 19 20 21 22 23 24 25 26 1.60 "Sub6.idibry, Declaration". shall mean any declara- tion of covenants, conditions and restrictions or like instru- ment Recorded after the Recording of this Declaration in regard to any Parcel, or part thereof, or group of Lots, by the Owner of such Parcel or part thereof, or group of Lots, which shall in all cases be consistent with and subordinate to this Declaration and any applicable Recorded Tract Declaration; 1.61 =Vla= shall mean a Person occupying any part of the Covered Property under any type of rental agreement, whether such rental agreement is within the definition set forth in A.R.S. § 33-131`0(11) or otherwise; 1.62 "Tract Declaration" shall mean.:anp declaration of t covenants, cond;t°,ons and restrictions or Like iristrum6 t; a3Cvauav �a. ba � MLC ^MCC' d!n VL tIA165 LC�:iQ�Q.{.iVtl lA tlSt30•Lt1 one or more Parcels, or portions thereof, br, aibup(s) ,of by the Owner of such Parcels or portions there6k;,or grow of Lots, which shall in all cases be cihsisteat wltdt aid a, dinarte to this Declaration; 1.63 " ' shall mean the United Stsir§s Vetesains' ' Administration; 1.64 "Visible 'From ,fiahborind Ptoberty* shallsmsah, with respect to any giveh object, that such object 1661;' Mould•~ be visible to a Person 6 feet tall# standing at ground 16vel. big neighboring properrty. , ARTICLE T I PROPERTY AND PERSONS 'BOUND BY_'i� DECI,AR�1TIOl�i 2.1 Ggograi eclaration. ITeclararnt intehds tO deve160r Rancho Vistoso in accordance with the Master Developk6nt Plati. and to sell and convey the Lots and Patcels,.or pottictts thereof. As portions of Rancho Vistoso are developed,, Declarant, without obligation, int;inds to Record -one or woke Tract Declarations that will, among other things, create Parcels, designate Land Use Classifications, designate Common Areas and Limited Common Areas, and establish such additional covenants, conditions and restriction:, as may be appropriate for the respective portions of Rancho Vistoso. Declarant hereby declares that all'o€ the Covered Property is and shall be held, conveyed, hypothecated, encumbered, leased, occupied., built upon or otherwise used, improved or transferred] in whole or in part, subject to this Declara ,on and arty Recorded . Subsidiary Declarations and Recorded Tract Declarations appli- cable thereto, as amended or modified from time to time. _ Notwithstanding the preceding sentence, except as expressly provided herein, property owned by or dtOicated to a gobernmen- 5•' J Is w -10- 8021 939 6269a£�9 c 0 1 . ••b 1 ta: agency or the public shall not be subject to this Declaration, provided, however, that any restrictions imposed 2 in this Declaration upon the Owners and Occupants concerning the use and maintenance of such property shall be applicable at 3 all times. This Declaration is declared and agreed to be in furtherance of a general plan for the development and sale of 4 the Covered Property and is estRblished for the purpose of enhancing and perfecting the value, desirabilitl and attrac- 5 tiveness of the Covered Property. This Declaration shall run with the Covered Property for all purposes and shall be bin�lg 5 upon and inur-s to the benefit of beclarant, tha Association, and all Owners and Occupants of the Covered Property and their 7 successors in interest. Nothing in this Declaration or in any Recorded Subsidiary Declaration or.Recorded Tract Declaration 8 shall be construed to prevent Declarant from modifying any part . ........ of. the Mnst tv�r nevpliDpment Plan with respect to grojseY ty e8 to - 9 which a Subsidiary Declaration or Tract Declaration has not been Recorded, or from•dedicatifio of convePiug pottioa§ of ,= Rancho Vistoso not subject to• this. Declaration (if ar&p fbr y 10 uses other than as a Lot, a *aicel., b r COM6ft Areas. Declaration is executed and gecorded in substitution:for, and I1 in the full place and• stefid of,• the Original Declaf:atiors, . and, upon the Recordation of this Odalara-tion, it. - Shall supersede' r 12 the Original Declaration in its entirety and tho Otigiddl Declaration shall be of do further: force or effect sthatsnever. 13 2.2 .. Upon the recording of 14 this declaration, this Declaration' ahsll be binding upon all Owners and Occupants of th6 Covered Property and their 18 successors and assign's, whether or hot stated in any -document or deed transferring any interest in any Parcel or Lot to -.or }; lb from such Owners or Occupants.=� 17 2.3 Association Bound. Upon the incorporation of .the Association, this Declaration shall be binding upon and benefit 18 the Association, and its successors and assigns. := 19 2.4 Subsidiary Associations Bound. Upon the incorpo- ration of any Subsidiary Association, this Declaration shall be 20 binding upon and shall benefit such Subsidiary Association. 21 ARTICLE III 22 EASEMENTS AND RIGHTS OF ENJOYMENT IN THE COMMON AREAS 2311 3.1 Easements and Piahts of Enjoyment. Each Owner 2 shall have R nonexclusive easement for use and enjoyment in and to the Common Areas, which nonexclusive easement shall be 11 appurtenant to and shall pass with the title to each Owner's 25 Lot or Parcel. All Occupants shall have a nonexclusive, 26 nontransferable temporary license to use and enjoy tae Common -11- Page 16 of I 8021 940 4O 62G%'P!28,2o14s 8:49 a. W 1 Areas 5o long as th_sy remain Occupants. The foregoing grants and rights.ate subject, among other things, to the following 2 limitations: 3 3.1.1 The right of the Association pursuant to this Section -and Section 12.1 below to charge reasonable 4 special Use Fees for the use of the Common Areas. The Special Use Fees shall be set by the Board from time to time, in its $, absolute discretion. .Special Use Fees shall be charged only for actual entry upon or utilization of those Common Areas 6 selected by the Board to be subject to a $peeial Use Fee, and shall be intended to collect revenue from -,the actual users of- 7 such selected Common Areas so that all of the costs of operating such - ,selected Common Areas are not borne by all. of $ the Owners through Annual Assessments, but rathet are.borne, pt., least in part, by the Owners# Occupants add other persons'• 9 utilizing such selected Common Areas; 1D 3.1.2 The right of the Associ.ation to. stispi.ei$ .he:�- �t voting rights and the rights to Use and enjoyment of the •Co n ..'.4. 11 Areas of any Opener or Occupant, as the case• may, be: a (•a) for any period during which an Aeses$meht 12 remains delinquent;' 13 (b) for a period not -to esceed 60. days for 14 ariy infiabtion of this Declaration, a Recorded Tk&dt Declaration, the Association -Rules,, or the krthiteetural and Landscaping Review Committ'ee'buidelineftor, 1.5 i6 (c) for successive 60-day periods ifauy ,$ueh delinquency or infraction is trot corrected diuking an; pr6ceding 17 suspension period; 3.1.2 The right of the Association to limit the. 18 number of guests of an Owner or Occupant, or the number of Persons from a Rental Business Space or a Pon -Residential 19 Parcel, who may use the Common Areas; and, 20 3.1.4 The right of the Association to regulate r' use of the Common Areas in accordance with this Declaration. 21 3.2 IngrgUs and Egress Over Certain Cocoon Ate. 22 3.2.1 The Association may own land which is 23 intended to be used for landscaping adjacent to streets in Rancho vistoso. Such landscaping area will often separate a 24 Parcel from the street nearest to the Parcel, thereby creating a need for the Owner of the parcel to have ingress and egress 25 rights over the landscaping area in order to have access to the 25 street. Therefore, Declarant hereby creates, grants and -12- �1P�page 17 o �67v`B,24t4 6:48 d� 8021 941 2 3 4 5 6 7 8 V 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 conveys to the Owner and Occupants of eac:h•Parcel, th►sir agents, employees, quests and invitees, a•.permanent, t4onexc:u- sive easement (an "Access Basement") for.,vehicular and pe6as- trian ingress and egress in, upon, over1nd across srch landscaping area (a "Landscape Tr9ct")..1'At such tiara as the exact location of such Access Easement is determined with respect to a particular parcel and apprq..Nted by Declarant or the Architectural and Land scaping"Review Committee, as applicable, it shall be indicated on the Recorded sthdivision plat or plats for the Paxcel or on such other Recotded-instrument as is mutu- ally acceptable to Declarant or the Arcll:ltectural and Landscaping Review Committee, as ap#iicdSle, Pro to the Owner of such' ' Parcel . For 'itself and the j'Asdobiation, Declarant retains and reserves the right to die each Landscape Tract for drainage, irrigation lines, pedestrian brad bicycle paths, and other purposes which do.not preclude thW uses permitted herein. 3.2.2 At its sole cost and'lexpense, the Owner of a Parcel benefitted by such an Access Easement shall construct all necessary improvements in connection' -with such Access Easement, and maintain such improvements?3n good Working order, condition and repair (ihb1hdin4, without.:11imitation,. ft11 cleaning, sweeping, restriping and repai�ing of roadwAys) and in compliance with all applicable gover=antai regulations. During the construction phase of on a Parcel, Declarant or the Ads-ociation, as applicable, shall grant to the Owner thereof and its agents and:employd4s, a temporagy license to eater upon the applicable Landscape Tract as is:reasonably necessary in order to construct such imp}rorovements, and such Owner shall be fully iestnnsible and Iiahle for makicq any and all repairs and replacement of landscapin4 and other improve- ments on such Landscape Tract caused by 6t resulting from such activities. 3.2.3 Unless Declarant or the B'dard authorizes the public 4edioation or transfer of all.a r any parts of such an Access Easement to a municipal corporgtion, the Owner of the Parcel to which such Access Easement is s'ppurtetrant (or Declarant or the Board, if such Owner fails to do so), rthall on an Annual basis prohibit the use of such.'Access Easement by the general public during a twenty-four (24)'hour period. 3.2.4 Each Owner, its successors, assigns and grantees, hereby agrees to indemnify and', -hold harmless Declarant, its successors end assigns, hAd the Association, from and against any and all damages, eats and liabilities, - including,, without limitation, attorngva? fees, real estate thzes and assessments, arising out of_�r,in connection with the Access Easement appurtenant to such Owner's Parcel. . 33- page 18 Irl t b2o9g7;1a -014 8:49 1 2 3� 4 5 6 7 8 9 1Q I1 12 13 14 15 16 li 18 19 20 21 22 23 24 25 26 3.3 Delegation of U!Q. Any Owner or Occupant, in accordance with the Association Rules and this Declaration, may delegate his rights of use and enjuyment in the Common Areas to the members of his family or his Occupants, employees, cus- tomers or guests subject to the limitations set forth herein and in the Association Rules, provided, however, that the Association Rules may limit the Number of Persons from a Rental Business Space or a Non -Residential Parcel who may have access to the Common Areas. 3.4 Waiver of Use. No owner may exempt himself from personal liability for Assessments, or release the Lot or Parcel owned by him t:om the liens or charges arising under this Declaration or any Recorded Subsidiary Declaration or Recorded Tract Declaration by waiver of his or his Occupants' employees', customers' or,guests' rights of use and enjoyment of the Common Areas. 3.5 Accgotance of Certain Common Areas. In the course of deveiopment and sale.of.Parcels within the Covered Property, fee title to land which is restricted to use as Common Areas (the "Restricted Tracts') may be transferred by Declarant to Persons acquiring fee title to one or more Pnrcels. In such event, and notwithstanding that fee title to the Restricted Tracts may be held by Parsons other than the Assuciatioa (or Declarant), such Restricted Tracts shall nevertheless be Cowon Areas for all purposes under this Declaration, and all Owners and Occupants shall have the easements, licenses and rights to the use and enjoyment of such Restricted Tracts as with r4spect to the other Common Areas generally, subject in all cases to the provisions of this Declaration and the Association Rules, and the owners of fee title to such Restricted Tracts shall not interfere with their use and enjoyment as Common Areas pursuant hereto. in the event any Person owning fee title to any such Restricted Tract desires at any time to transfer such fee title to the Association, the Association shall accept such fee title so long as, at the time of and in connection with such trans- fer, the Person transferring title to the Association provides to the Association, at no expense to the Association, a stan- dard coverage owner's policy of title insurance in an amount reasonably acceptable to the Association (but in no event less than the minimum amount, if any, required for such policies by VA or FHA, if VA or FHA are involved in the insurance or guar- antee of loans affecting portions of the Rancho Vistoso project), issued by a title insurance company authorized to trsnsact such business in the State of Arizona, insuring that the Association is the owner of fee title to the transferred Restricted Tract subject only to such liens or other matters as may be approved by the Association, which approval shall not be unreasonably withheld. The Association shall be conclusively deemed reasonable in withholding its approval of any monetary -14- Page 19 8021 943 626997*; 014 s:as 1 liens or encumbrances affecting title to any Restricted Tract proposed to be transferred to the Association. 2 3.6 Temporary Sian Easement. Declarant hereby 3 reserves to itself and its agents a temporary easement over, upon and across those portions of the Common Areas adjacent to 4 publicly dedicated streets and roadways for purposes of installing and maintaining signs identifying Persons building 5 upon or developing portions of the Covered Property. The ease- ment reserved hereby shall expire and terminate upon completion 6 of construction and sales activities upon the CG•ered Property, but in no event later than 10 years after the date this Declaration is Recorded. 8 ARTICLE'IV 9 ARCHITECnMh AND LANDSCAPING RESTRICTIONS AND CONTROL 10 4.1 Landscaping P triction_s. 11 4.1.1 Gene_Y�7,_:tegemp�, Except as expressly provided herein or approN .d by the Architectural and Landscaping Review Committee, landscaping on the Covereev 12 Property shall be consistent with the character of the native 13 desert environment surrounding Rancho Vistoso, and shall comply with the provisions of the Architectural and Landscaping Review 14 Committee Guidelines relating to permittv4 and prohibited plants, and with all applicable native plant preservation regu- lations of the County and the State of Arizona. Native plants 15 which must be removed to -permit construction work on the. 16 Covered Property shall be inventoried prior to removal, and shall be transplanted to another location on the Covered 17 Property or replaced with equivalent plants approved by the Architectural and Landscaping Review Committee in accordance with the Architectural and Landscaping Review Committee 18 Guidelines. Plants ahall be transplanted in accordance with customary professional standards. Transplanted or replacement 19 plants shall be maintalnel and watered as appropriate until reestablished. Any native plants on the Covered Proparty which 20 die as a result of transplanting or construction activity on the Covered Property shall be replaced with equivalent plants 21 approved by the Ar4-hitectural and Landscaping Review Committee in accordance with the Architectural and Landscaping Review 22 Committee Guidelines. 23 4.1.2 Rgatrictions Applicable co Lots and 24 ParceI&. All Lots and Parcels, excluding driveways and parking areas, and in tho case of a Lot, excluding that portion o= the Lot, if any, which is enclosed by a perimeter wall around the 25 rear yard, shall ba landscaped in a natural desert manner, 26 -15- Page 20 of 10 8021 944 626°W%zs,yo14 8:49 a 1 2 3 4 5 6 7 8 9 10 I 12 13 14 15 18 17 18 19 20 21 22 23 24 ?5 26 using indigenous or similar plants and soil approved by the Architectural and Landscaping Review Committee. 4.1.3 Natural areas. The portions of the Covered Property generally depicted On Exhibit "C" attached hereto are presently natural areas. Declarant reserves tae right from time to time to similarly designate by one or more Recorded instrrments other portions of the Covered Property owner; by Declarant (including portions of the Additional Property annexed thereto pursuant to Article 14 below). Declarant intends that such portions of the Covered Property shall be maintained in their natural state as of the date hereof (or, as tc subsequently designated portions of the Property, as of the date of such designation), except as otherwise approved by the Architectural and Landscaping Review Committee in accordance with the Architectural and Landscaping Review Cotmittee Guidelines. Nothing set forth in this Section 4.1.4 or Exhibit "C" eaall be deemed or construed to be a dedication or platting of such areas. On or before the date set forth in Section 7.3.2(y-), Declarant 4hall Record a Tract Declaration with respect to such areas, specifying with greater particular- ity the restrictions applicable thereto. 4.2 dower and Duties. The Architectural and Lands^aping Review Committee shall have all of the powers, authority and duties conferred upon it by this Declaration or by the Articles, Bylaws or Association Rules, or by any Recorded Tract Declaration. Without limiting the generality of the foregoing, it shall be the fluty of the Architectural and Landscaping Review Committee to consider and act upon all pro- posals ' or plans submitte�: to it pursuant to the provisions hereof, to adopt the Architectural and Landscaping Review Committee Guidelines, to perform any other duties delegated to it by the Board, and to carry out all other duties% imposed upon it by this Declaration. 4.3 =anization of. Architectur_al__ij,0 Landscaping Review CoThe Architectural and Landscaping Review Committee stall be organized as follows: 4.3.1 Committee CoMpgsition. The Architectural and Landscaping Review Committee shall consist of three regular members and one alternate member, provided, however, than the number of members may be increased at any time by a vote of Via Board to five regular members and one alternate member. A member shall not be required to satisfy any particular qualifi- cation for membership and may be a member of the Board, an officer of the Association, or an officer, agent or employee of Declarant; -16 • page 21 8021 9 J J 6269att.2e!2o148:49 1'i 4.3.2 Alternate Members. In the event of the absence or disability of a regular member or members of the 2 Architectural and Landscaping Review Committee, the remaining regular members, even though less than a quorum, may designate 3 the alternate member to act as a substitute regular member of the Architectural and Landscaping Review Corwui.ttz3 co long as 4, any one or more regular members remain absent or Disabled; 5 4.3.3 Term of Office. unless a member of the Architectural end Landscaping Review Committee has resigned or 6 been removed, his or her term of office shall be for a period of 1 year, or until the appointment of his or her respective 7 successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member s 8 unexpired tern. Members of the Architectural and Landscaping Review Committee who have resigned, been removed or whose terms 9 have e:oired may be reappointed; 10 4.3.4 Anoointment and Removal. Except as herein- after provided, the right to appoint and remove all regular and 11 alternate members of the Architectural and Landscaping Review Committee at any time shall be and is hereby vested solely in the Boara. provided, however, that no regular or alternate 12 member may ba removed from the Architectural and Landscaping 13 Review Committee by the Board except by the vote or written consent of a:: least 51% of the members of the Board; 14 4.3.5 Resignations. Any regular or alternate member of the Architectural and Landscaping Review Committee 15 may at any time resign from the Committee by giving written notice thereof to the Board; and, 16 4.3.6 Vacancies. Vacancies Oft the Architectural 17 and Landscaping Review Committee, however caused, shall be filled by the Board. A vacancy or vacancies on the 18 Architectural and Landscaping Review Committee shall be deemed to exist in case of the death, resignation or removal of any 19 regular or alternate member 20 4.4 Meetings and Compensation -of Architectural and LandscapingReview Committee. The Architectural and 21 Landscaping Review Committee shall meet from time to time as necessary to perform its duties hereunder. Subject to 22 Section 4.3.2, the vote or written consent of a ma4ority of the regular members (including any substitute regular member 23 serving pursuant to Section 4.3.2) shall constitute the act of the Architectural and Landscaping Review Committee. The 24 Architectural and Landscaping Review Committee shall keep and maintain a written record of all actions taken by it. Although 25 members of the Architectural and Landscaping Review Committee 26 shall not be entitled to compensation for their services, con-- -17- Page 22 0 1 806941 O w 1 946 6269g7.� !201a s:as A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 :8 19 20 21 22 23 24 25 26 sultants hared by such Committee► if Such are authorized by the Board, may be entitled to compensation at the discretion of the Board. 4.5 Architectural and Landscaping Review Committee Guidelines. Subject to the written approval of the contents thereof by the Board. ke Architectural and Landscaping Review Committee shall adopt, and may from time to time amend, supplement and repeal, the Architectural and Landscaping Review Committee Guidelines. The Architectural and Landscaping Review Committee Guidelines shall interpret, implement and supplement this Declaration, and shall set forth procedures for Architectural and Landscaping Review Committee review and the standards for development within the Covered Property. The Architectural and Landscaping Review Committee Guidelines shall include, without limitation, provisions regarding: 4.5.1 the size of Single Family Dwelling Units; 4.5.2 architectural design, with particular regard to the harmony of the design with surrounding structures and topography; 4.5.3 placement of buildings; 4.5.4 landscaping design, content and conformity with the natural desert character of Rancho Vistoso; 4.5.5 requirements concerning axterior color schemes, exterior finishes, and materials, ir- particular the use of desert tones and muted colors throughout Rancho Vistoso; 4.5.6 signage; and 4.5.7 perimeter and screen wall design and appearance. The Architectural and Landscaping Review Committee Guidelines shall have the same force and effect as the Association Rules. 4.6.1 Except as otherwise expressly provided in this Declaration or the Architectural and Landscaping Review Committee Guidelines or any applicable Recorded Tract Declaratio^:' without the prior written approval by the Architectural and Landscaping Review Committee of plans and specifications prepared and submitted to such Committee in accordance with the orovisiors of this Declaration and the Architectural and Landscaping Review Committee Guidelines: (� �`j Page 23 Q(� V V 2 1 V 4 f 62SOr28!2414 8:49 1 , 6 . 0 1 . 2 3 d 5 6 7 8 10 11 12 13 14 15 15 17 18 19 20 21 22 23 24 25 26 (a) no improvements, alterations, repairs, excavation, grading, landscaping or other work sh&11 be done which in any way alters the exterior appearance of any property or improvements thereon from their naturalor improved state existing on the date a Recorded Tract Declaration for such property is "first Recorded; and, (L) no building, fence, exterior wall, pool, roadway, driveway or other structure, improvement or grading shall be co=enced, erected, maintained, altered, changed or made on any Lot or Parcel at any time; 4.6.2 No exterior trees, bushes, shrubs, plants or other landscaping shall be planted or placed upon the Covered Property except in compliance with plans and specifications therefor which have been submitted to and approved by the Architectural and Landscaping Review Committee in accordance with the Architectural and Landscaping Review Committee Guidelines; 4.6.3 No material changes or deviations in or from the plans and specifications for any work to be done on the Covered Property, once approved by the Architectural and Landscaping Review Committee, shall be permitted without approval of the change or deviation by such Committee. 4.7 waiver. The approval by the Architectural and Landscaping Review Committee of any plans, drawings or specifications for any work done or proposed, or for any otb-r matter requiring the approval of the Architectural and Landscaping Review Committee, Shall not be deemed to constitute a waiver of any right to withhold approval of any similar plan, drawing, specification or matter subsequently submitted for approval. 4.8 Liability. Neither Declarant nor the Architectural and Landscaping Review Committee (nor any member thereof) shall be liable to the Association, any Owner or any other party for any damage, loss or prejudice suffered or claimed on account of: 4.8.1 the approval or disapproval of avi plans, drawings or specifications, whether or not defective. 4.8.2 the construction or performance of any work, whether or not pursuant to approved plans, drawings and specifications; 4.8.3 the development of any Lot or Parcel; or -19- 80 V1 948 Page 24 626941,12W2014 8:49 1 4.8.4 the execution and filing of any estoppel certificate or statement, whether or not the facts -therein are 2 correct, provided, however, that with respect to the liability of a member of the Architectural and Landscaping Review 3 Committee, such member has acted in good faith on the basis of such information as may be possessed by him. 4 without in any way limiting the generality of any of 5 the foregoing provisions of this Section 4.8, the Architectural and Landscaping Review Committee, or any member thereof, may, 6 but is not required to, consult with or hear the views of the Association or any Owner (other than the Owner applying for 7 consent or approval, whose views the Architectural and Landscaping Review Committee shall be required to hear) with 8 respect to any plans, drawings, specifications, or any other proposal submitted for review. 9 4.9 Avoeal to Board. Except as provided in --this 10 Section 4.9 and in Section 4.12 below, any owner or Occupant aggrieved by a decision of the Architectural and Landscaping 11 Review Committee may appeal the decision to the Board in accor- dance with prccedures to he established in the Architectural 12 I and Landscaping Review Committee Guidelines. In the event the decision of the Architectural and Landscaping Review Committee 13 is overruled by the Board on any issue or question, the prior decision of the Architectural and Landscaping Review Committee 14 shall be deemed modified to the extent specified by the -Board. 4.10 E=. The Board may establish a reasonable pro- 15 cessing fee to defer the costs of the Architeetural and 16 Landscaping Review Committee in considering any requests for approvals submitted to the Architectural and Landscaping Review 17 Committee or for appeals to the Board, which fee shall be paid at the time the request for approval or review is submitted. 16 4.11 ingogQtjoll. Any member or authorized consultant 19 of the Architectural and Landscaping Review Committee, or any authorized officer, director, employee or agent of the Association, may at any reasonable time and without being 20 deemed guilty of trespass enter upoi any Lot or Parcel, after reasonable notice to the Owner or Occupant of such Lot or 21 Parcel, in order to inspect the improvements constructed or being constructed on such Lot or Parcel to ascertain that such 22 improvements have been, or are being, built in compliance with the Architectural and Landscaping Review Committee Guidelines, 23 this Declaration, and any applicable Recorded Tract Declaration. 24 4.12 pecl ra i s Jurisdiction .over -Non -Residential Parcels. Notwithstanding the other provisions of this Article 25 IV (or any other provision of this Declaration), Declarant 26 shall have all of the rights and powers of the Architectural -20- 12.1 gage 25 8 0 11 949 6269c67,28!2014 8:49 Is and Landscaping Review Committee (or the Board, as applicable) with respect to all Non -Residential Parcels and all buildings, 2 fences, walla, pools, roadways, driveways and other structures and improvements thereon (including, but not limited to, all 3 exterior additions to or changes or alterations in any such structure or improvement), provided, however, that such rights 4 and powers shall vest in and be exercisable only by the Architectural and Landscaping Review Committee (or the Board, as applicable) upon the first to occur of: (a) the date as of which approved buildings and other improvements have been com- b pleted (as evidenced by certificates of occupancy issued by the appropriate governmental authority), in accordance with site 7 plans approved by Declarant, upon all Non -Residential Parcels within the Covered Property and on all other property within 8 Rancho Vistoso designated for nonresidential purposes by the Master Development Plan, as amended from time to time; or, 9 (b) the date specified in a Recorded instrument executed by Declarant expressly waiving its right to exercise the rights �0 and powers conferred upon it by this Section 4.12 (or, if no date is specified, the date of recordation of such Recorded 11 instrument). All decisions made by Declarant in its exercise of the rights and powers conferred upon it by this Section 4.12 I2 shall be final and binding and shall not be s-abject to appeal to, or review by, -the Board. Further, no variances of any of 13 the restrictions set forth in this Declaration with respect to Non -Residential Parcels and no consents or approvals required 14 or permitted to be given by the Hoard or the Architectural and Landscaping Review Committee pursuant hereto relating to 15 Non -Residential parcels shall be granted or given without the prior written consent of Declarant until the earlier of the two 16 dates specified in (a) and (b) of this Section 4.12. 17 18I LAND USE CLASSIFICATIONS. PERMITTED USES AND RESTRICTIONS 19 5.1 Land Use Classifications. As portions of the Covered Property are readied for development: in accordance with the Master Development Plan, any number of I -and Use 20 Classifications, including any number of subcl&ssifications thereof for any special uses, may be fixed by Declarant in a 21 Recorded Tract Declaration which may be Recorded at such time as this applicable portion of the Covered Property is conveyed 22 by deed or, if eetained by Declarant, at such time as Declarant begins development thereof. Each Recorded Tract Declaration 23 shall be construed as a supplement to this Declaration and 24 fully a part hereof as if all of the provisions thereof were set forth herein, provided, however, that if any provision of a Recorded Tract Declaration is inconsistent with any provision 25 of this Declaration, the provision of this Declaration shall 26 control. Declarant shall not impose any new Land Use -21- 62f• aPage 25 8021 950 07,128 2014 8:49 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Classifications which are not generally in conformance with then -existing uses and restrictions applicable to the Covered Proper%-y or the development scheme contemplated by the Master Development Plan and this Declaration. The Land Use Classifications established by a Recorded Tract Declaration shall not be changed except as specifically permitted by this Declaration and such Recorded Tract Declaration. The Land Use Classifications contemplated as of the date of this Declaration are: 5.1.1 "Cluster Residential Use", consisting of Lots with Dwe"Ang Units including those types of residential housing arrangements known as "townhouses", "clustered hous- ing", "zero -lot line housing", and similar arrangements (but not including Condominium Units), together with related amen- ities; 5.1.2 "Residential Apartment Development Use", which may be converted to Residential Condominium Development Use; 5.1.3 "Residential Condominium Development Use", which may be converted to Residential Apartment Development Use; 5.1.4 "Single Family Residential Use"; 5.1.5 "Common Areas"; 5.1.6 "Commercial Office Use"; 5.1.7 "General Commercial Use"; 5.1.8 "Industrial Park Use%. 5.1.9 "Hospital and Health Care Use"; 5.1.10 "Park Use"; 5.1.11 "School Use"; and 5.1.12 "Church Use". Unless otherwise specifically provided in this neclarat=:7. anti subject to applicable zoning laws and the last sentence of this Section 5.1, the definitions and characteris- tics of the Land Use Classifications and specific permitted and prohibited uses of the real property within a particular Land Use Classification shall be determined in the respective Recorded Tract Declarations, Notwithstanding the foregoing listing, Declarant shall not be obligated to establish within Rancho Vistoso each of the uses listed above, nor shall such -22- 8021 9 51 6269c����� s' 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 listing prohibit the establishment by Declarant of other Lard Use Classifications Otherwise conforming with the third sen- tence of this Section 5.1. Exhibits "DO, -E,- -F- and -G- hereto set forth a list of general uses which may be made of Parcels having the Land Use Classifications referenced above in Sections 5.1.6, 5.1.7, 5.1.8 and 5.1.9, respectively, provided, however, that: (a) Declarant shall have the right, at any time prior to its conveyance of title to a Parcel to an Owner: other than Declarant, to Record a Tract Declaration or other instru- ment against such Parcel further limiting the uses which may be made of such Parcel, or, in the event Declarant deems it to be appropriate in the circumstances and not inconsistent with either the Master Development Plan or the general nature of the applicable Land Use Classification in question, adding addi- tional uses which may be made of such Parcel., or (b) following conveyance by Declarant of title to a Parcel to an Owner other than Declarant, and upon application by the then Owner ofsuch Parcel (and with such Owner's written consent), the Association may, in the event the Association deems it to be appropriate in the circumstances and not inconsistent with the applicable Land Use Classification or the manner in which other property within the vicinity of such Parcel (anI, within Rancho vistoso gen- erally) has been or is being developed and used, Record an instrument against such Parcel adding additional uses which may De made of such Parcel. 5.2 Use. and.cluster.Residential Use. The following covenants, conditions, restrictions and reservations of easements and rights Shall apply to all 'Lots and Parcels included within the Land Uso Classifications of Single Family Residential, Residential Apartment Development, Residential Condominium Development or Cluster Residential, and to the owners and 0ccupants thereof: 5.2.1 General. (a) single Family Residential Use. No structure whatsoever, other than one private# Single Family residence, together with a private garage for not more than a cars and one guest residence, one gazebo, one tennis court, one swimming pool, a horse facility (if and to the extent approved by the Bc and under Section 5.4.16) and one storage facility (all of which must be approved in advance by the Architectural and Landscaping Review Committee in accordance with this Declaration) shall be erected, placed or permitted on any Lot li cited to Single Family Residential Use. -23- LDage 28 8021 952 6259o07r28i201 4 8:49 2 3 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2.3 24 25 26 (b) ResidentiA l Apartment Development Use. Residential Condominium Development Use. and ClUstBx Residential Use. Ito structure whatsoever, other than one or more buildings each containing one or Moro private Dwelling Units, together with parking garages or structures, storage facilities, recreational facilities (including but not limited to tennis courts and swimming pools) and property management sales or rental offices incidental or appurtenant thereto (all of which must be approved in advance by the Architectural and Landscaping Review Committee in accordrzce with this Declaration) shall be erected, placed or permitted on any portion of the Covered Property included within the Land Use Classifications of Residential Apartment Development, Residential Condominium Development.or Cluster Residential. (c)Use: Lansing. No gainful occupation, profes- sion, trade or other nonresidential use shall be ccnducted on or in any Lot. The entire (but not less than.all of a) Dwelling Unit on (or constituting) a Lot may be.leased to a Single Family Tenant from time' to time by the. Ramer, .$ubj•ect to the provisions of this beclaration,.amy aoilicable Recorded Subsidiary Declaration or Recorded Trach Declaration and the Association Rules. 5.2.2 ,fig. No animal, livestock, poultry or fowl of any kind, other than a reasonable number of generally recognized house pets (and, subject to applicable soning acid other ordinances and gvvernmantal regulations, and subject to the prior approval of the.Soard pursuant tb,Section 5.4.16, not more than two horses per Lot), shall be maintained on or in any Lot or Parcel and then only if they are kept or raised thereon solely- as domestic pets and not for coasmercial purposes. No house pets shall be permitted to make an utreadonable amount of noise or create a nuisance. No structure for the care, housing or confinement of any permitted pet shall be Visible From Neighboring Property. Notwithstanding the foregoing, no permitted pets may be kept on or in any Lot or Parcel which result in an annoyance to other Owners or Occupants in the vicinity. All permitted pets shall be leashed'when not on a Lot owned by the pet's owner or on which the pet's owner is•a Tenant, quest or invitee; and persons walking pets shall carry a "pooper scooper" (a hand held shovel or other. -instrument.. designed for removing animal ezcrement from` the_.grourid}.. with them at all times and shall remove the pet's excrement from•the Covered Property; 5.2.3 Garbage. No garbage or trash shall be allowed# stored or placed on a Lot or Parcel except in sani- tary, covered containers. in no event shall such containers be '713ible From Neighboring Property, except for s reasonable time -:nediately prior to and after collection. All trash and gar- -24- 8021 953 a76"g0129 4 0 r�. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 bage shalt be regularly removed from each Lot and P9rr-el and shall not be allowed to accumulate thereon; 5.2.4 H-agbinerV- and Bguipment. No machinery or equipment of any kind shall be placed, operated, stored o: maintained upon any Lot or Peicel ezcept: (a) such machinery or equipment as'4s usual and customary in conynebtion with the use, maintenance or con- struction (during the period of construction) of a building, appurtenant structures or improvements thereon; or, (b) t hwt which Declarant or the Association may require for the•devc1bpment, operation and maintenance of Rancho Vsstoso; 5.2.-S�: ;Si No. &$Sod of whatever nature shall be placed on the dodaoo. Kreas' eicept Mid respect to Association or Comm6n- Airees- tn6ttdrs an -a'p#roved by the Board. So signs of whatever nffttitre shall be lilac`ed:.6h any hot or Parcel "cept: (a) signs required by legal proceedings.; (b) a maximum of 2 identification xLgns for Dwelling Units, each with a maximum face area of 72 square inches or less; (c) signs, including "for sale" and "for lease" signs and subdivision, condominium and apartment identi- fication signs, the nature, number, location, content and design of which shall be approved in advance and in writing by the Architectural and Landscaping Review Committee; 5.2.6 Restriction on Further Subdivision. Proyerty Rastr'idtiong. and Regnino. All proposed site plans, subdivision plats and condominium declarations for any Lot or Parcel, or portion thereof, must be approved in writing by the Board prior to Recordation thereof or commencement of construc- tion on the applicable Lot or Parcel. Except with respect to property owned by Declarant, no Lot or Parcel, or portion thetebf, shall be further subdivided or subjected to a Condo- minitua declaration, and no portion less than all of any such Lot or Parcel, or aby easement or other interest therein, shall be conveyed or transferred by any Owner without the prior written approval of the Board. No portion of a Lot but for the entire Lot, together with the improvements thereon, may be rented, and then only to a Single Family. No Subsidiary Declaration or further covenants, conditions, restrictionsy condominium declarations or easements shall be Recorded against any Lot or Parcel, or portion thereof, without the prior, -25- 6U90page 30 QrA, �y1 f V V W 1 954 a7,28!2014 8:49 2 3 .1, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1S 20 21 22 23 24 25 26 written c1proval of the Board. No applications for rezoning, variances or use permits shall be filed without the prior written approvel of the Board, and then only if such proposed zoning, variance or use is in compliance with this Declaration, any applicable Recorded Subsidiary Declaration or Recorded ,,.Tact Declaration, and the general plan of development of Rancho Vistoso. No subdivision plat, condominium declaration, Subsidiary Declaration, easement, declaration of further cove- nants, conditions and restrictions or other instrument which is to be Recorded and which is requires by this Section 5.2.6 to be approved by the Board shall be effective unless the required approval is evidenced on such instrument by the signature of an authorized representative of the Board. The Board may, in its sole discretion, delegate in writing to the Architectural and Landscaping Review Committee authority to exercise all or any of the Board's authorities or duties under this Section 5.2.6. No site plan, subdivision plat, condominium declaration, Subsidiary Declaration or further covenants, conditions, restrictions, or easements, and no application for rezoning, variances or use permits, shall be submitted to the County or any other governmental authority or agency unless the same has first bee:, approved in writing by the Board as provided in this Section 5.2.6; further, no changes or modifications shall be made in any such documents, instruments or applications once the same have been approved by the Board hereunder (whether requeEted by the County or otherwise) unless such changes or modifications have first been approved by the Board in writ- ing. The preceding sentence shall not apply to portions of the Covered Property owned by Declarant or to stte plans, subdivi- sion plats, condominium declarations, Subsidiary Declaratio"s, Tract Declarations or further covenants, conditions, restric- tions or easements, or applications for rezoning, variances or use permits, made, filed, submitted or Recorded by'Declarant with respect to portions of the Covered Propeety owned by Declarant; 5.2.7 Parking. It is the intent of Declarant to eliminate on --street parking as much as possible in Rancho Vistoso. No vehicle shall be parked on any street or roadway shown on any map of dedication, or similar instrument, Pecarded by Declarant unless otherwise expressly provided either: (a) in or on such Recorded map of dedication or similar instru- ment showing the street or roadway; or (b) in a separate Recorded instrument executed by Declarant. Vehicles shall be kept in garages, carports, residential driv3ways, other desig- nated parking areas or as otherwise -squired in a Recorded Subsidiary Declaration or Recorded Tract Declaration. The Association may adopt additional parking restrictions ihcluding the establishment of fines and assessments for their violation. The Association.may also delegate its authority to -26- 8 0 21 9 5 5264"ge 31 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 enforce such parking restrictions to the appropriate Subsidiary Association; 5.2.8 Model Ugmes. Nothing contained herein or in any applicable Recorded Subsidiary Declaration or Recorded Tract Declaration shall prohibit the construction and mainte- nance of model homes, model apartments, sales offices, apart- ment rental offices, property management offices and parking incidental thereto by persons engaged in the construction, mar- keting, rental or management of Dwelling Units within the Covered Property, provided, however, that the models are open only during reasonable hours and otherwise are in compliance with the provisions of this Declaration and ordinances of the County. Except ae otherwise approved in writing by the Hoard: (a) all model homes and sales offices shall cease to be used as such at any time the Owner (or lessee Lnereof as the case may be) is not actively engaged in the construction or saIc cf Dwelling Units within the Covered Property (provided that the foregoing portion of this sentence shall not apply to model apartments, apartment rental offices or property management offices); and (b) no model home, model apartment, eales office, apartment rental office or property management office shall be used for the sale or rental of residences not located within the Covered Property. 5.3 Covenants - Conditions, Restrictions and Easeatents %- L- r7___--T rv^nYndrr.ial fie0_ ("mmArnial offiCIe ilstm_ ndustrial Par a► mp and �tal and Health Care Use. The fo:- lowing covenants, conditions, restrictions and reservations of easements and rights -ahall apply to all Parcels included within the Land Use Classifications of Ganeral Commerciil, Commercial office, industrial Park and Hospital and Health Care, and to the Owners and Occupax._s or users thereof: 5.3.1 Permitted Uses. Subject to the provisions of this Declaration, anal to such additional restrictions or limitations as cay be imposed upon one or more Parcels by one or more Recorded Tract Declaration•;, Recorded Subsidiary Declarations or other Recorded instruments, the Parcels may be used for any non-residential purpose permitted by applicable law; 5.3.2 Parking. Parking and parkins areas shall be governed as follows: (a) Adequate off-street parking shall be provided by each Owner. No parking shall be permitted other than on the on -site paved .parking spaces (or in one or more parking garages) to be provided by the Owner of a Pair;-,!. Each Owner and Occupant shall be responsible for compliance by his -27- h Page 32 f I I l Q 21 956 626907,128%_1014 a:as •.r 2 3 4 r 0 6 7 8 9 1C 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Occupants, employees, customers and visitors with the provi- sions of the preceding sentence; (b) The location, number, size and surfacing of ,-arking spacer shall be subject to the approval of the Arc•,4tect•iral and Landscaping Review Committee in accordance Haiti Irticle IV hereof, and shall conform to applicable County -r,�irarcpn and regulations in effect from time to time; (c) Each Owner shall cause all parking are.-8 _I Owner's Parcel to be striped and all parking areas, iveway: and roads to be kept in good repair, and to be illu- minated with fixtures approved as to height, type, location and appearance by the Architectural and Landscaping Review Committee in accordance with Article IV hereof, which fixtures and illumination shall be screened from view from the stcaets to the extent deemed reasonably desirable by, and using such means and materials reasonably approved by, the Architectural and Landscaping Review Committ_,s in accordance with Article 1V hereof. It is the intent of Declarant to eliminate on -street parking as much as possible in Rancho V-49toso. No vehicle shall be parked on any stre3L or roadway shown on any map of dedication, or similar instrument, Recorded by Declarant unless otherwise expressly provided either: (i) in or on such Recorded map of dedication or similar instrument showing the street or roadway; or (ii) in a separate RernrAAd instrument executed by Declarant.. The ':aaeciation may adopt additional parking restrictions including the establishment of fines and assessments for their violation. The Association may also del- egate its authority to enforce such parking restrictions to the appropriate Subsidiary Association; 5.3.3 Loadina and Receiving Areas. All loading and receiving areas shall be screened, so as not to be Visible From tqeighbcring Property, by means and materials approved by the Architectural and Landscaping Review Committee in its rea- sonable dis-3retion in accordance with Article IV herecf; 5.3.4 Waste and Waste Containers. All rubbish, trash, garbage, litter, debris, refuse and other waste shall be stored in clean and sanitary waste containers conforming to the provisions of this Section 5.3.4. Subject to applicable County ordinances and regulatiens in effect from time to time which may impose additional or more stringent container req+airements, each Parcel shall have a minimum of one (1) commercial size solid waste container. All waste containers shall be main- tained in good mechanical condition. All waste containers shall be emFtied as often as necessary so as to prevent such container from overflowing and at least once every seven (7) --28- 6269Page 33 of 1 8021 9} 7 gg.128!2014 8:49 M F 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 days if such container is used for the deposit of garbage or other putrescible material. All garbage or putrescible mate- rial must be bagged or wrapped gn-w?. to be air tight before being deposited in the waste containers. When wasta containers are in use, lids and doors of such waste containers are to be kept in a cloned position at all times except during times when such containers are being emptied or filled. Each waste container shall be screened so as not to be Visible From Neighboring Property, the location and design of which screening shall be subject to the prior approval of the Architectural and Landscaping Review Committee in accordance with Article IV hereof; 5.3.5 glans. No signs of whatever nature shall be placed on the Common Areas except with respect to Association or Common Areas matters as approved by the Hoard. Signs upon Parcels shall be governed as follows! (a) no sign (including, but not limited to, a building identification or marketing sign or a tenant identifi- cation sign) shall be permitted on any Parcel without the prior written approval of the Architectural and Landscaping Review Committee given in accordance with the provisions of Article IV hereof as to size, nuirber, location, design, and color. Normally, such approval will be limited to those signs which: (i) identify the name or address (or both) of the developmen•`, situated on the Parcel of the name and business of Owner or the occupant(s) thereof, or which give directions, or which offer the premises for sale or for lease, or, during any construction period, identify the builder, architect, contractors, subcontractors or lenders; and (i:-, are not of an unusual size or shape when compared to the building or buildings, if any, on the Parcel; (b) any permitted sign shall conform to all other governmental o--dinances and reg::lations applicable thereto. Nothing in this Section 5.3.5 shall be deemed to pro- hibit signs required by legal proceedings; 5.3.6 Exterior Lighting. Exterior lighting shall be governed as follows: (a) all exterior building lighting shall be hidden from view and shall be designed, installed, directed, altered and maintained in accordance with plans and specifications submitted to and approved by the Architectural and Landscaping Review Committee in accordance with the provi- sions of Article. IV hereof; and -29- 8021 958 Page 34 626902e-2014 a:as 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (b) all exterior lighting shall be kept in good working order and shall be compatible and harmonious throughout the Parcels and shall be in keeping with the spe- cific function and building type being served; 5.3.7 Animals. No animal, livestock, poultry or fowl of any kind shall be maintained on or in any Parcel, except for: (a) guard dogs kept or maintained within buildings or fenced areas on a Parcel; (b) reasonable numbers of gen- erally recognized domestic pets maintained within a fully - enclosed building on a Parcel in connection with the retail sale to the public of such pets in a pet store or similar busi- ness (but not in connection with the operation of a commercial breeding business), provided that the same do not make an unreasonable amount of noise or create a nuisance; and, (c) animals undergoing treatment in a veterinary office or veteri- nary hospital operated on a Parcel in accordance with applica- ble laws and this Declaration (or being temporarily boarded in such an office or hospital), provided that such animals do not make an unreasonable amount of noise or create a nuisance, and provided that any such boarding facilities shall be fully enclosed in a manner approved in advance by the Architectural and Landscaping Review Committee; 5.3.8 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated, stored or maintained upon any Parcel outside of a building except: (a) such machinery or equipment as is usual and customary in connection with the use, maintenance or con- struction (during the period of construction) of a building, appurtenant structures or improvements thereon; (b) forklifts or other similar types of equipment located on a Parcel which are generally used in the operation of busiresses such as that operated on such Parcel, so long as such forklifts or other equipment are, except when in use, stored so as not to be Visible From Neighboring Property; or (c) that which Declarant or the Association may require for the development, operation and maintenance of Rancho V'istoso; 5.3.9 Restriction on Furthe-Suhdivillon. Rr,Qperty Restrictions. and Rezoning. All proposed site plans, subdivision plats and non-residential condominium declarat:ons for any Parcel, or portion thereof, must be approved in writing by the Board prior to Recordation thereof or commencement of construction on the applicable Parcel. Except with respect to property owned by Declarant,.no Parcel, or portion thereof, -30- Page 35 8 0 201 Z.; 9 62809,28,20,48:49 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shall be further subdivided or subjected to a condominium dec- laration, and no portion less than all of any such Parcel, or any easement or other interest therein, shall be conveyed or transferred by any Owner without the prior written approval of the Board, unless such subdivision, subjection, conveyance or transfer: (a) is made in connection with the development of one or more pads, lots or other subdivisions of a Parcel for commercial or industrial use; and, (b) is made in accordance with a site plan for such Parcel approved by the Architectural and Landscaping Review Committee. No Subsidiary Declaration or further covenants, conditions, restrictions, condominium decla- rations or easements shall be Recorded against any Parcel or portion thereof without the prior written approval of the Board. No applications for rezoning, variances or use permits shall be filed without the prior written approval of the Board, and then only if such proposed zoning variance or use is in compliance with this Declaration, any applicable Recorded Subsidiary Declaration or Recorded Tract Declaration:, and the general plan of development of Rancho Vistoso. No subdivision plat, condominium declaration, Subsidiary Declaration, ease- ment, declaration of further covenants, conditions and restric- tions or other instrument which is to be Recorded and which is required by this Section 5.3.9 to be approved by the Board shall be effective unless the required approval is evidenced on such instrument by the signature of an authorized representa- tive of the Board. The Board may, in its sole discretion, del- egate in writing to the Architectural and Landscaping Review Committee authority to exercise all or any of the Board's authorities or duties under this Section 5.3.9. No site plan, subdivision plat, condominium declaration, Subsidiary Declaration or further covenants, conditions, restrictions, or easements, and no application for rezoning, variances or use permits, shall be submitted to the County or any other govern- mental authority or agency unless the same has first been approved in writing by the Board as provided in this Section 5.3.9; further, no changes or modifications shall be made in any such documents, instruments or applications once the same have been approved by the Board hereunder (whether requested by the County or otherwise) unless such changes or modifications have first been approved by the Board in writ- ing. The preceding sentence shall not apply to portions of the Covered Property owned by Declarant or to site plans, subdivi- sion plats, condominium declarations, Subsidiary Declarations, Tract Declarations or further covenants, conditions, restric- tions or easements, or applications for rezoning, variances or use permits, made, filed, submitted or Recorded by Declarant with respect to portions of the Covered Property owned by Declarant. 5.4 covenants, Conditions. Restrictions and Raseteents Av131i a i to All Land use C assifiga i ns. The following cov- -31— 8021 960 ez6:Q17;Page 36 of 1 2Ei2014 8:49 A. 1 2 3 4 5 ' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 enants, conditions, restrictions and reservations of easements and rights shall apply to all Lots and Parcels included within all Land Use Classifications, and to the Owners and Occupants thereof: 5.4.1 Prohibited Uses. The following uses of Lots and Parcels are prohibited: (a) any use which is offensive by reason of odor, fumes, dust, smoke, noise, glare, heat, sound, vibration, radiation or pollution, or which constitutes a nuisance, or which is hazardous by reason of risk of fire or explosion, or which is injurious to the reputation of any Lot, Parcel or Owner; and M any use which is in violation of the laws (after taking into account the application of any validly granted or adopted variance, excepti.nn or special use ordinance or regulation) of the United States, the State of Arizona, the County or any other governmental entity having jurisdiction over the Covered Property; 5.4.2 Temporary Occupancy and Temporary Buildinoss_outside Storage. No trailer, tent, shack, garage, barn or temporary structure of any kind shall be used as a res- idence, whether temporary or permanent. Except during the con- struction process, no temporary building or structure shall be erected, installed or maintained on any Lot or Parcel without the prior written approval of the Architectural and Landscaping Review Commaittee. Temporary structures used during construc- tion must receive prior written approval by the Architectural and Landscaping Review Committee with regard to location and appearance, and shall be removed immediately after completion of such construction, and that portion of the Lot or Parcel from which the same are removed shall be promptly placed in such condition as is otherwise required by this "aclaration. Except during construction, no materials, supplies, equipment, finished or semifinished products or articles of any nature shall be stored on any area outside of a building without the approval of the Architectural and Landscaping Review Committee. Any permitted outside storage shall'be screened by a solid visual barrier so as not to be Visible From Neighboring Property, provided, however, that during construction of improvements on any Lot or Parcel, necessary construction materials and supplies may be stored on the Lot or Parcel without the need for a solid visual barrier providing such materials and supplied are kept in neat order considering the construction activities. The Architectural and Landscaping Review--CoLiftittee is authorized to designate the areas and manner in which supplies of building materials and construction -32- 62MPage 37 1 8021 9 6 1 07.12W2014 8:49 . I equipment shall be stored and the routes construction vehicles may use. All such designations shall be reasonable; 2 5.4.3 Repair of Buildings. No building or 3 improvement on any Lot or Parcel shall be permitted to fall into disrepair and each such building and improvement shall at 4 all times be kept in good condition and repair and adequately painted or otherwise finished to maintain a first class appear 5 ante of the building or improvement. In the event any building or improvement is damaged or destroyed, then, subject to the 6 approvals required by Article IV above, such building or improvement shall be immediately repaired, rebuilt or demol- ished (or caused to be repaired, rebuilt or demolished) by the Owner thereof; 8 5.4.4 ,1 vewaXs . 9 Unless otherwise provided in a Recorded Subsidiary Ducla�tation or Recorded Tract Declaration, each Owner shall be responsible 10 for the proper maintenance of all landscaping in the following locations: 11 ' (a) on the Owner's Lot or Parcel (including set back areas located thereon), except that in the event the 12 maintenance of any portions of such Owner's Lot or Parcel is the responsibility of the Association, a utility, or a govern- 13 mental or similar authority, then only for so long as arch 14 entities are not undertaking such responsibility; (b) portions of the Common Areas adjacent to 15 dn.Owner's Lot or Parcel and which are on the Lot's or Parcel's 16 side of any wall erected on the Common Areas; and, (c) public right-of-way areas between 17 sidewalks (or bicycle paths or equestrian trials) and the street curb on the Owner's Lot or Parcel, or other public or 13 easement areas adjacent to the Owner's Lot or Parcel, except that in the event the maintenance of such areas is the respon- 19 sibility of the Association, a utility, or a governmental or similar authority, then only for so long as such entities are 20, not undertaking such responsibility. 21 As used herein, maintenance shall include but not be limited to keeping the areas neatly trimmed, cultivated and free of trash, 22 weeds and unsightly material. All lawn areas shall be timely mowed as needed to keep an even, well groomed appearance and 23 shall be watered and fertilized at such tithes and in such quan- tities as required to keep the grass alive and attractive and 24 free of weeds. All trees, shrubs, plants and ground covers shag. be timely and properly trimmed (including, without limi- 25 tation, the removal of dead wood therefrom) according to their 26 plant culture and landscape design and shall be watered and -33- 30?1 962 6269oea 'e 38 47l28r2414 8:49 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 2^4 23 24 25 26 fertilized at such times and in such quantities as required to keep them alive and attractive. Any dead tree, shrub, plant or ground cover shall be removed and replaced immediately. All bed areas shall be kept free of weeds and :ultivated periodi- cally as needed. Landscaping may be required to be placed on a Lot or Parcel within certain time frames established by the Architectural and Landscaping Review Committee. Each owner shall maintain in gooc condition and repair all pave9 and con- crete areas, including driveways, roadways and parking areas, located on the Owner's Lot or Parcel; 5.4.5 wui sang_gs • Dust Contr2? : Cor. truction Activiti_ea. No rubbish or debris of any kind shall be permitted to accumulate upon or adjacent to any Lot or Parcel so as to create a nuisance or'render any such property or activity thereon unsanitary, unsightly or offensive. Each Lot and Parcel shall be landscaped and maintained in a manner which will minimize the possibility of dust being transmitted into the air and over adjacent properties. Although normal con- struction activities shall not be considered a nuisance or otherwise prohibited, Lots and Parcels :oust be kept in a neat and tidy condition during construction periods. No noxious or offensive activity shall be carried on or permitted on any Lot or Parcel, nor shall anything be done thereon which may be, or may become, an annoyance or nuisance to Persons or property in the vicinity of such Lot or Parcel or to Rancho Vistoso, or which shall interfere with the quiet enjoyment of eac;i of the Owners and Occupants; 5.4.6 Diseases and insects. No Owner or Occupant shall permit any thing or condition to exist upon any Lot -or Parcel which shall induce, breed or harbor infectious plant or animal diseases or noxious insects; 5.4.7 Antennas and Dishes. No antenna or other device for the transmission or reception of television or radio signals or any other form of electromagnetic radiation shall be erected or placed upon a Lot or Parcel, or on any improvement or building thereon, unless approved in advance by the Architectural and Landscaping Review Committee; 5.4.8 Mineral E%ploration. No Lot or Parcel shall be used in any manner to explore for, quarry, mine, remove or transport any water, oil or other hydrocarbons, min- erals, gravel, gas, earth or any earth substance of any kind; 5.4.9 Clothes Drying Facilities. No outside clotheslines or other facilities for drying or airing clothes shall be placed on any Lot or Parcel without the prior written consent of the Architectural and Landscaping Review Committee unless they are not visible from Neighboring Property; -34-- sage 39 3021 9 6i 3 �69oozr2W2014 8:49 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 5.4.10 Blanket Utility Easements. There is hereby created a blanket easement upon, over and under each Lot, each Parcel, the Common Areas and the Limited Common Areas for ingress to, egress from, and the installation# replacement, repair and maintenance of all utility equipment and service lines and systems, as such equipment, lines and systems are installed in connection with the initial development of the Lots, Parcels, Common Areas and Limited Common Areas and the construction of buildings thereon; provided that such easements shall be specifically and permanently described and fined by Recorded instrument either: (a) at the time a subdivision plat, approved as required by this Declaration, is Recorded with respect to the portion of the Covered Property to be served or burdened by such easement(s), a4 applicable; or (b) within 120 days following approval, as required by this Declaration and by the appropriate governmental agencies, of a site plan for the portion of the Covered Property to be served or burdened by such eaeement(s), as applicable; provided, fur- ther, that in the event such easements with respect to a portion of the Covered Property are not specifically and perma- nently described and fixed by Recorded instrument at or within the time specified in (a) or (b) above, the blanket easements created hereby with respect to such portion of the Covered Property shall nevertheless automatically terminate and expire. Utility or service facilities and equipment may be affixed and maintained on, in and under the roofs and exterior walls of buildings on the Lots, Parcels, Common Areas and Limited Common Areas. Notwithstanding anything to the contrary contained in this subparagraph, no utility or service equipment or lines may be installed or relocated on any Lot, any Parcel, the Common Areas or the Limited Common Areas except as ini- tially approved by the Declarant or the Architectural and Landscaping Review Committee, or, if installed after Recordation of a Subsidiary Declaration or Tract Declaration, as approved by the Owner and the Architectural and Landscaping Review Committee; 5.4.11 Party WaUa. Except as hereinafter provided, the rights and duties of Owners of contiguous Lots or Parcels which have shared walls or fences ("Party Walls") shall be as follows: (a) each Owner shall have the right to use the Party Wall, provided that such use dces not inter:are with the other Owner's use and enjoyment thereof; (b) if a Party Wall i.s damaged or destroyed through the willful or negligent act o an Owner or the Owner's Occupants, agents, guests or family, tae Caner or Occupant, as the case may be, shall be obligated to rebuild and repair the Party Wall at the Gwner's sole expense (provided that this -35- 4age 40 8021 964 �6 7,28!20148:49 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 shall not bar such Owner from recovering, or seeking to recover, all or any part of such expense from any Occupant, agent, guest or other Person who otherwise may be liable to such Owner). Any dispute over an Owner's liability shall be resolved as provided in Subsection 5.4.11(d) below; (c) in the event any Party Wall is damaged or destroyed other than by the willful or negligent act of an adjoining Owner or the Owner's Occupants, agents, guests ot- family, or deteriorates from ordinary wear and tear, it shall be the joint obligation of all Owners whose Lots or Parcels adjoin the damaged or destroyed portion of such Party Wall to immediately rebuild and repair such Party Wall, such expense to be ratably divided among such Owners on the basis of the amount of frontage of their respective Lots or Parcels on the damaged or destroyed Party Wail; (d) in the event of a dispute between Owners with respect to a Party Wall or the sharing of the cost thereof, such Owners shall submit the dispute to the Architectural and Lands aping Review Committee, whose decision shall be binding unless appealed to the Board, in which event the Bnard's decision shall be binding and final. Notwithstanding any such decision, no Owner is prohibited from seeking indemnity from the party causing the damage; (e) notwithstanding the foregoing and unless otherwise indicated in a Recorded Subsidiary Declaration or Recorded Tract Declaration, or unless otherwise expressly agreed in writing by the Association, in the case of walls or fences: (i) between Common Areas and Lots or Parcels; or, (ii) situated on Common Areas within or adjacent to a Lot or Parcel, the Owners and Occupants of such Lots or Parcels shall be responsible, at their expense, for all maintenance, repair, painting and replacement thereof. Further, unless otherwise approved in writing by the Board, any wall situated generally between a Lot or Parcel and Common Areas shall be situated entirely upon such Lot or Parcel (and not upon the Common Areas) but shall be situated immediately adjacent to such Lot's or Parcel's boundary line with the Common Areas; and, (f) this Section 5.4.11 does not and is riot intended to control or relate to Party Walls between Residential Condominium Developments or Condominium Units, or between non-residential condominium units; 5.4.12 Mr_head Encroachments. No tree, shrub or planting of any kind shall be allowed to overhang or encroach upon any public right-of-way, bicycle path or any Other pedes- trian way from ground level to a height of 8 feet, without the -36- 8021 965 Page 41 of 101 626907, 8!2014 a:as A. 10 11 12 13 14 15 16 17 18 19 20 21 LL 23 24 25 26 prior written approval of the Architectural and Landscaping Review Committee; 5.4.13 Trucks. Txailers. Canners. Boats send Motor Vehicles. No motor vehicle, motor home, mobi'le home, trailer, camper shell, detached camper, boat, boat trailer, snow mobile, jet ski or other similar equipment or vehicle may be parked, maintained, constructed, reconstructed, repaired or stored on any Lot or Parcel or on any street so as to be visible Frora Neighboring Property (including but not limited to any Common Areas, Limited Common Areas, or street). The foregoing limita- tion on parking shall not apply to: (a) automobilea,.trucks or vans, or mini - motor homes not eazeeding 7 feet in height from ground level and l8 feet in length, so long as such automobiles, trucks or vans or mini -motor homes: (i) are parked as provided in Section 5.2.7 or Section 5.3.2, as applicable; and, (ii) are used on a regular and recurring basis for basic transportation or, in the case of Hon -Residential Parcels, for delivery ser- vice or otherwise in connection with the business{es) conducted on the Hon -Residential Parcel upon which such vehicles are parked, provided that dither the Board or the Arcchitectural Review Committee shall have the authority to adopt and enforce regulations regarding parking of such vehicles on a Parcel (including, but not limited to, regulations requiring the screening of delivery trucks and vans, or ottir business vehi- cles) if, in the sole discretion of the Board or the Architectural Review Committee, such regulations are necessary to prevent such vehicles from being or becon"g an eyesora or nuisance to the Owners or Occupants of adjacent property; or (b) temporary facilities maintained during, and urea exclusively in connection with, construction activities. provided, however, that such activities am approved in advance and in writing'by the Architectural ind Landscaping Review Committee. Notwithstanding subsection 5.4.13(a) above, no automo- bile, motorcycle, motorbike or other motor vehicle shall be constructed, repaired or, if inoperable, stored upon any Lot, Parcel or :street so as to be Visible From Neighboring Property; 5.4.14 Declarants ZM=tion. Nothing contained in this Declaration shall be conttrued to prevent the construc- tion, installation or maintenance by ':eclarant or its agents during the period of development and construction on the Covered Property of improvements, landscaping or signs deemed necessary or convenient by Declarant, in its sole discretion, to the development or sale of property within the Covered 2roperty, provided that any such improvements and landscaping -37- 8021 966 Page 42 626kl1,28!2014 8:49 111 shall be generally consistent, in terms of appearanca and qual- ity- with similar improvements and landscaping elsewhere within 2 Ranch Vistoso; 3 5.4.15 t1,ealtb,�Sa .sty _an_rl Welfare. In the event uses of, activities on, or facilities upon or within a Parcel 4 or Lot are deemed by the Board to be a nuisance or to adversely affect the health, safety or weltare of Owners or Occupants, the Board or the Architectural and Landscaping Review Committee 5 may make rules restricting or regulating their presence,; 6 5.4.16 Incidental Uses. Subject to the provi- sions of any applicable Recorded Tract Declaration or Recorded Subsidiary Declaration, the Board may approve, regulate and 8 restrict incidental uses of property within a Land Use Classification. By way of example and not of limitation, the 9 Board may permit; private roadways; tennis and/or swimming clubs intended primarily for the benefit of all or certain 10 Owners or Occupants; tennis courts; swimming pools; boarding upon a Lot limited to residential purposes of not more than two 11 horses, and erection and maintenance of a small barn or other facility for boarding such horse(s) upon such Lot, where 12 permitted by applicable zoning and other ordinances and govern- mental regulations; and other recreational facilities; 13 5.4.17 Window Cgyplrinass. Bo external window 14 covering or reflective covering may be placed, or permitted to remain, on any window of any building, structure or other improvement without the prior written approval of the 15 Architectural and Landscaping Review Committee; 16 5.4.18 Parcel Coverace. The percentage of each Lot or Parcel which may be covered by buildings (as well as the 17 location of such buildings and other improvements on each Lot or Parcel) shall be subject to the review and approval of the 18 Arch itectu.rial alld Landscaping —M iew Comittca, as part of the Architectural and Landscaping Review Committee's review of 19 plans for proposed improvements on such Lot or Parcel pursuant to this Declaration, but shall in no event violate County 20 ordinances and regulations In effect from time to time; 21 5.4.19 Duty ,f Maintenance. Each Owner shall, at such Owner's sole cost and expense, keep such Owner's Lot or 22 Parcel (including buildings, improvements, private drives, easement areas and grounds thereon) in a well -maintained, 23 clean, neat and attractive condition at all times and shall comply in all respects with all governmental health, fire and 24 safety statutes, ordinances, regulations and requirements; 25! 5.4.20 Utility Lines and Connp�:tions. All util- 26 ity wires, lines, pipes, conduits, facilities, connections and -38- 8021 967 ���3� 1 installations (including, without 11mitation, electrical, tele- phone, cable television, water, gas and sanitary sewer) shall 2 be installed and maintained underground or concealed in, under, or on structures approved in writing in advance by the 3 Architectural and Landscaping Review Committee. No utility meter or apparatus shall be located on any pole or attached to 4 the outside of any building wall which is exposed to view from any street. All transformers shall be placed on or below the 5 surface of the Lot or Parcel. Temporary above -ground power or telephone structures and water lines incident to construction 6 activities shall be permitted but only with the prior written approval of the Architectural and Landscaping Review Committee; 7 5.4.21 On -Site Grading and Drainage. No water shall be drained or discharged from any Lot or Parcel, or 8 building thereon, except in accordance With: (a) the master 9 drainage study (including any amendments thereto) approved by the appropriate governmental agency (or agencies) acid the Architectural and Landscaping Review Committee (or other drain- 10 age study approved by such Committee, if no such master drain- age study exists); and (b) grading plans approved by the Architectural and Landscaping Review Committee in accordance with the provisions of Article Iv hereof and applicable County 12 ordinances. Finished grades along the periphery of a Lot or 13 parcel shall match the existing grades or the top of curb of any constructed or proposed streets which are part of the over- all master infrastructure for Rancho vistoso; the tolerance allowed shall be within plus or minus one foot of the existing 15 grades or top of curb within a horizontal distance of twenty (20) feet unless; otherwise previously approved in writing by the Architectural and :.andscaping Review Committee. Further, 16 no Owner or Occupant shall interfere with the drainage estab- lished by the grading plan for the remainder of the Covered 17 Property or any otlier property adjacent to the Parcel; 18 5.4.22 Buildina Exteriors. All colors of materials on the building exteriors and all exterior wall sur- 19 faces of any building shall be in accordance with plans and designs approved by the Architectural and Landscaping Review 20 Committee in accordance with the provisions of Article tv hereof. All materials uaed for the exterior of the buildings 21 shall be high quality, long -life, low maintenance materials. 22 5.5y,ari Ages. The Board may, at its sole discretion, grant variances from the restrictions set forth in Article V 23 hereof or in any Recorded Tract Ieclaration if the Board deter- mines that: 24 5.5.1 either: 25 26 -39- a e 44 0 10€, 8021 958 .12 at48:49 S 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ?0 21 22 23 24 25 26 (a) a particular restriction would create a substantial hardship or burden on an Owner or Occupant and that such hardship is not attributable to the Owner's or Occupant's acts; or, (b) a change of circumstances has tendered the particular restriction obsolete; and, 5.5.2 the activity permitted under the requested variance will not have a substantially adverse effect on other owners and occupants and is consistent with the high quality of life intended for Rancho Vistoso. The request for a variance must be made in writing and be accompanied by adequate support- ing documentation. The Board shall approve or disapprove the request, in writing, as promptly as possible under the particu- lar circumstances. All decisions of the Board shall be final and nonappealable. 6.1 Formation of Agssociatign. The Association shall be a nonprofit Arizona corporation charged with the duties and vested with the powers prescribed by law and set forth in the Articles, the Bylaws, and this Declaration. Neither the Articles nor the Bylaws shall be amended ^r interpreted so as to be inconsistent with this Declaration. 6.2 Board of Directors and Officers. The af`.airs of the Association shall be conducted by the Board and such offi- cers as the Board may elect or appoint in accordance with the Articles and the Bylaws. The initial Board and each Board thereafter for so long as there is a Class B Member of the Association shall consist of 3 Members or other persons, and Declarant shall have the right to appoint all such directors. Commencing with the first ann'. 1 meeting of the Members when there is no longer a Class B :,mber, the Board shall consist oi, and the voting Members shall elect, 7 directors, all of whom must be Members (or an individual designated by a corpo- rate, partnership or other non -individual Member). The forego- ing reference to 7 directors shall be subject to increase in the number of Directors as provided in the Bylaws. The term of each of the Directors shall be for 1 year until there is no longer a Class B Member. Thereafter the initial terms shall be 4 Directors for a 1-year term and 3 Directors for a 2-year term, thus establishing a staggered Board. In succeeding years, all directors shall be elected for a 2-year term. The Board may appoint various committees at its discretion. The Board may also appoint or engage a manager to be responsible for the day-to-day operation of the Association and the Common -40- n /, page 45 of 1 8021 1 9 it 9 626UP.W2014 8:49 M4 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Areas. The Board shall determine the compensation to be paid to the manager. 6.3 ASS0ciation Rules. By a majority vote of the Board, the Association may, from time to time and subject to the provisions of this Declaration, adopt, amend and repeal the Association Rules. The Association Rules may restrict and gov- ern the use of the Common Areas, provided; however, that the Association Rules khall not discriminate among Owners and Occupants except to reflect their different rights and obliga- tions as provided herein, and shall not be inconsistent with this Declaration, the Articles, or the Bylaws. The Association Rules shall be intended to enhance the preservation and devel- opment of the Covered Property, the Common Areas and the Limited Common Areas. Upon adoption, the Association Rules shall have the same force and effect as if they were set forth herein. A copy of the Association Rules as adopted, or amended, shall be available for inspection at the office of the Association. 5.4 No Board member, officer, committee member, employee or representative of the Association, or the Association, shall be personally liable to any Owner, or to any other Person, including the Association, for any damage, loss, costs, fees (including reasonable attor- neys' fees), or prejudice suffered or claimed on account of any of their acts, omissions, errors or negligence, provided, how- ever, that the limitations set forth its this Section 6.4 shall not apply to any Person who has failed to act in good faith or has engaged in willful or intentional misconduct. 6.5 Subsidiary Associations. in the event any home- owners' or similar Subsidiary Association is formed by a Developer owner (other than Declarant) of a Parcel or portion thereof, or group of Lots, such Subsidiary Association's governing documents shall not be effective unless they have been approved in advance by the Board and they specifv that such governing documents, such Parcel or portion thereof, or group of Lots, the Subsidiary Association, and the Subsidiary Association's members are subject and subordinate to this Dec oration and the Articles, Bylaws, and Association Rules. The Hurd shall not disapprove any tech governing documents unless, in the Board's sole discretion_, either: (a) they Ere inconsistent or in conflict with this Declaration, the Articles, the Bylaws, the Association Rules, the Architectural and Landscaping Review Committee and any applicable Recorded Tract Declaration; or (b) they fail to contain the specifica- tion required by the preceding sentence. 6.6 Meragrs or Consolidations. The Association shall have the right, power and authority to participate in mergers -d 1- Page 46 8021 970 6269&9.,1ze!2014 eras I or consolidations with any other nonprofit corporation whose objectives, methods, and taxable status and format of operation 2 are similar to those of the Association (a "Merger Candidate"). Merger or consolidation of the Association with a 3 Merger Candidate must be approved in advance by Members holding at least two-thirds (2/3) of the votes in each class of Members 4 of the Association, whether in Person or by proxy, at a meeting duly called for such purpose. The Association's properties. 5 rights and obligations shall be transferred to and assumed by the surviving nr consolidated corporation by operation of law, 6 or, alternati-ely, the properties, rights and obligations of 71 the Merger Can�idate shall be transferred by operation of law to the Association as the surviving corporation. The surviving or consolidated corporation, at a minimum, shall have the same 8 administrative responsibilities and enforcement rights estal%- lished by this Declaration in regard to the Covered PropsLty. 9 In addition, for so long as there is a Class B Member and to the extent Declarant has theretofore sought the approval of an 10 Agency in regard to the Association or any Subsidiary Association, any such merger or consolidation will be subject 11 to the approval by such Agency if so required bi the rules and regulations of the Agency. 12 ARTICLE _ `tI I 13 MEMBERSHIPS VsZTItIG 14 ?.1 votes of Owne a of Let: and Parcels. Every Owner 15 of a Lot or Parcel which is subject to assessment automatically shall be a Member of the Association and shall remain a Member for so long as such ownership continues. Each Owner (utber 16 than Declarant) shall have the following applicable number of 17 votes in regard to votes of the Members of the Association: 7.1.1 One vote for each Lot owned; 18 7.1.2 One-half of one vote for each completed 19 Apartment Unit owned; 20 7.1.3 One-half of one vote for each Dwelling Jnit permitted under the applicable Recorded Tract Declaration .span 21 an Apartment Parcel upon which construction has not been com- pleted (or, if no Tract Declaration has been Recorded with 22 respect to such Parcel, then one-half of one vote for ea.�h Dwelling Unit permitted upon such Parcel under the then current 23 Master Development Plan.) V-.o number of such Dwelling Units shall be determined based on the assumption that the n-.amber of 24 Dwelling Units will be spread evenly over such Parcel. If a Tract Declaration or a subdivision plat for such Parcal is 25 thereafter Recorded for a diffE rent number of Dwelli-.+g Units, the number of votes shall be ,justed to reflect thr: actual 26 -42- ?age 47 ol I 8021 J •. 1 6269%T o,as:as Af 1 2 3 4 5 6 7 8 9 1i 10 11 12 13 14 15 to 16 7 18 19 20 21 22 23 24 25 26 number of Dwelling Units as set forth in such Recorded Tract Declaration or Recorded subdivision plaC; 7.1.4 In the case of the Owner of a Single Family Parcel or Residential Condominium Development Parcel which has not been divided into hots by a Recorded subdivision plat or other Recorded instrument, one vc�e for each Dwelling Unit permitted upon the Parcel under the applicable Recorded Tract Declaration, or if no Tract Declaration has been Recorded, then one vote for each Dwelling Unit permitted upon Such Parcel under the then current Master Development Plan. If a subdivi- sion plat or other instrument creating Lots is Recorded cover- ing all or part of such Parcel, then the votes attributable to the Lots shall be determined pursuant to Section 7.1.1 above, and the number of votes held by the owner of such Parcel as owner of the portion of such Parcel not so divided into Lots (if any) shall be equal to the number of Dwelling Units permitted on such Parcel pursuant hereto leas the number of votes determined pursuant to Section 7.1.1 above. If a Tract Declaration or subdivision plat for such Parcel is thereafter Re-r.rded for a different number of Dwelling Units, the number of Notes shall be aijusted to reflect the actual number of Dwellin5 Units as sot forth in such Recorded Tract Declaration or Recorded subdivision plat. All votes attributable to such Parcel sh)1' c-:ase when the property ceases to be a Parcel because all ,.: ts-: azea therein is platted (or otherwise divided into Lots) cr dedicated to the public; and, 7.1.5 In the -^.aae of the Owner of a Non -Residential Parcel, six (6) votes for each Net Acre owned (in the case of fractional Net Acres rounding to the nearest whole number of votes, g.a•, 1.7 Net Acres - 15 votes), provided, however, that if a commercial condominium is estab- lished, Declarant or the Board, as applicable, may allocate votes in a manner deemed appropriate so that the allocated votes do not exceed six (6) per Net Acre, Each Owner-•s Membership in the Assoeiatiin shall be appurtenant to and may rct be separated from ownership of the Lot or Parcel to which the Membership is attributable. There shall be only the Memberships for each Lot and Parcel as are described herein. Joint ownership or ownership of undivided interests in any property as to which a Membership is estab- lished pursuant hereto shall not cause there to be more Memberships than the number established herein. Memberships shall be shared by any joint owners of, or owners of undivided interests in, the property interests to which.such Memberships are attributable. Memberships attriLutable to a Lot or Parcel shall not be increased because of joint or undivided multiple ownership thereof. -43- ��'ba a 48 0 1 8021 7 6269GV 414 8:49 A.� 1 7.2 Declarant. Declarant shall be a Member of the Association for so long as it holds a Class A or Class E 2 Membership. 311 7.3 . The Association shall have two Classes of voting Members: 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7.3.1 Class A. Class A Members shall be all Owners except Declarant (until the conversion of Declarant's Class B Membership to Class A Membership as provided below), Subject to the authority of the Board to suspend an Owner's voting rights in accordance with the previsions hereof, a Class A Member shall have the number of votes provided in Section 7.1. Notwithstanding the for9going, a Class A Member shall not be entitled to vote with respect to any Lots, Parcels or Apartment Units in regard to which the Ownet is paying only a reduced Assessment pursuant to Section 8.3; and, 7.3.2 Ciass_B, The Class B Member shall be Declarant. The Class B Member shall be entitled to the number of votes equal to 3 times the number of votes which would be attributable to Lots and Parcels owned by Declarant as deter- mined pursuant to Section 7.1 above, provided that as to any Parcel owned by Declarant which has not yet been subjected to a Tract Declaration (and therefore has not yet been assigned to a particular Lond Use Classification), for purposes of determin- ing the votes to which Declarant shall be entitled with respect to such Parcel: (a) such Parcel chaii be deerced to be either a residential Parcel or a Non -Residential Parcel, depending upon the use for such Parcel designated on the then -current approved neighborhood plan affecting such Parcel, if any, and otherwise as designated on the then -current approved community plan affecting such Parcel; and (b) a Parcel deemed pursuant to sub- paragraph (a) to be a residential Parcel shall be deemed to have the maximum number of Dwelling Units permitted for such Parcel under the then -current neighborhood plan affecting such Parcel, if any, and otherwise under the then -current approved community plan affecting such Parcel. Subject to the provi- sions of Section 14.2 below, the Class B Membership automati- cally shall cease and be converted to a Class A Membership upon the happening of the `.irut of the following events: (x) the date which is 120 days after the date upon which the total votes of the Class A Members entitled to vote equals the total votes of the Class 8 Member; or, I (y) the date which is seven (7) years after IJ the date this Decl 24 aration is Recorded. 25 26 -44- �] 6269peage 49 0 10 8021 9 7 3 07.12W2414 8:49 a 1 7.4 Right to Vota. No change in the ownership of a Lot, Parcel or Apartment Unit shall be effective for voting 2 purposes until the Hoard receives written notice of such change together with satisfactory evidence thereof. The vote for each 3 Member must be cast as a single unit. Fractional votes shall not be allowed. In the event that a Lot, Parcel, or Apartment 4 Unit is owned by more than one Person and such owners are unable to agree as to how their vote or votes shall be cast, 5 they shall not be entitled to vote on the matter in question. I£ any Owner casts a vote or votes representing a certain Lot, 6 Parcel or Apartment Unit, the Owner will thereafter be conclu- sively presumed to be acting with the authority and consent of all other Owners of such Lot, Parcel or Apartment Unit unless objection thereto is made to the Board, in writing, at or prior to the time the vote or votes are cast. In the event more than $ 1 Person casts or attempts to cast a vote for a particular T-ot, 9 Parcel or Apartment Unit all such votes shall be deemed void. 7.5 s' Rights. Each Member shall have the 10 rights, duties and obligations ant forth in this Declarhtion, 11 the 1:rtirles, the Bylaws, the Association Rules, and tie Architec .; al and Landscaping Review Committee Guidelines. 12 7.6 Transfer of H erahio. Except as otherwise provided in this Deolaration, the rights, duties and obliga- 13 tions of a Class A Meember cannot and shall not be assigned, I4 transferred, pledged, conveyed or alienated in any way except upon transfer of ownership of such Class A Member's Lot, Parcel or Apartment Unit, and then only to the transferee thereof. 15 Such transfer may be effected by deed, intestate succession, testamentary disposition, foreclosure, or other legal process 16 authorized under Arizona law. Any attempt to make a nonapproved form of transfer shall be void. Any transfer of 17 ownership in a Lot, Parcel or Apartment Unit shall operate to transfer the Membership appurtenant thereto to the new owner. 18 19 88TICL VI :I 20 ASSESSMENTS AND .C'R ,11N OF _LIEN 21 8.1 Creation of AssesAnt_Lien: Personal obligation of Lot or Parcel_glogr'. Declaraat, For each Lot and Parcel 22 constituting part of the Covered Property, hereby covenants and agrees, and each Owner by acceptar.ce of a deed therefor 23 (whether or not it should be so expressed in any such deed or 24 1 other instrument) is deemed to covensnt and agree, to pay to the Association the following: 25 11 8.1.1 the Special Use Fees as provided in 2611 Section 3.1; and, -45- eage 50 o 6Z69%r; 8!2014 e:a90 8021 974 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 2G 21 22 23 24 25 26 8.1.2 the Assessments, as hereinafter established. The amount and time for payment of the Special Use Fees and the Assessments shall be determined by the Board pur- suant to this Declaration and the Articles and Bylaws. The Special Use Fees and the Assessments, together with interest thereon and the costs and reasonable attorneys' fees, if any, incurred by the Association in connection with the enforcement and collection thereof or in otherwise enforcing this Declaration, shall be a charge and continuing servitude and lien upon the Lot or Parcel against which such Special Use Fees or Assessments are made and, in addition, shall be the personal obligation of the owner of such Lot or Parcel at the time when such Special Use Fees or Assessments become due and payable. Notwithstanding any other provision of this Declaration to the contrary, as to each Lot or Parcel owned by Declarant, Declarant shall be obligated to pay only twenty-five percent (25%) of the Assessments which would otherwise be payable in respect of such Lot or Parcel until either an occupied Dwelling Unit or commercial building shall be situated on such Lot or Parcel, provided that during any period whan !Declarant is paying reduced Assessments pursuant to this sentence, Declarant shall contribute to the Association such fundu as may ae required from time to time to most any budget deficit which results from Declarant having paid such reduced Assessments. 8.2 Annual Assessments. The Association by and through the Board shall levy the Annual Assessments for the purposes set forth hereinbelow. The Annual Assessments levied by the Association shall be used to promote the recreation, health, safety and welfare of the Owners and Occupants, to enhance the quality of life within the Covered Property, to preserve the value of the Covered Property, to pay the costs of administration of the Association and the maintenance of the Common Areas, and to otherwise further the interests of the Association as ;;he Board deems appropriate. Subject to the provisions of Section 8.4, the Board may, during an Assessment Period, revise the amount of the Annual Assessment in order to meet expenses which exceed the amounts previously budgeted by the Association and collect such increased Annual Assessment in accordance with Section 8.9 below. The Annual Assessment for each Apartment Unit shall always equal one-half of the Annual Assessment for each Lot, The Annual Assessment for each get Acre in a Non -Residential Parcel shall always equal six (6) times the Annual Assessment for each Lot. The Annual Assessment for a single Family Parcel which has not yet been subdivided into Lots or a Condominium Parcel as to which a con- dominium declaration has not yet been recorded shall be an amount aqual to the Annual Assessment for a Lot multiplied by the number of Dwelling Units permitted to be constructed on the Parcel under the applicable Recorded Tract Declaration (or, if -d 6- Page 51 8021 975 6264X7,2 &l14 F:49 . . 1 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 there i3 no Recorded Tract Declaration, under the Master Development Plan). 8.3 Rate of Assess ynt. Subject to Sections 8.4 and 8.5 hereof, the amount of the AnnuZ3 Assessments and Special Assessments shall be fixed by the Hoard, in its sole discre- tion, but always in the ratios, as among Owners of Lots, Apartment Units and Ron -Residential Panels, provided for in Section 8.2. 8.3.1 The Developer :sic of a Lot (other than a Condominium Unit) shall pay onl; "St of the Annual Assessments and Special Assessments for such Lot until the earliest of: (a) the initial conveyance of a completed Dwelling Unit thereon to a Nan -Developer Owner; or, (b) 12 month., frcm the date of Declarant's conveyance of the Lot (or the Parcel from which such Lot was.established) to a Developer •.mar. If the Deve,1. sr Owner ceases to be entitled to the 25% rate because of.;,ha occurrence of the event de4cribed in Section 8.3'.1(b) above, then thereafter the Developer Owner shall pcy�O 'only 4+0% of the Annual Assessments and Special Assessments for such Lot until the earliest of: (c) the initial conveyance of a completed Dwelling Unit thereon to a Non -Developer Owner; or, (d) 12 months after the date the 25% rate terminated; 8.3.2 The Developer owner of an Apartment Paraol (which has not been converted to a Condominium Parcel) shall pay only 25% of the Annual Assessments and Special Assessments until the earliest of; (a) completion of construction of the Apartment Units as evidenced by the issuance of a certificate of occupancy therefor; or, (b) 12 months Blots the date of Declarant's conveyance of the Parcel to a Developer owner. -47- gage 52 1 8021 976 6269oaF�8 2014 8:49 A If the Developer Owner ceases to be entitled to the 25% rate I because of the occurrence of the event described in 2 Section 8.3.2(b) above, then thereafter tht Developer owner shall pay only 40% of the Annual Assessments and Special 3 AssessWnts until the earliest of: 4 (c) completion of the Apartment Units as evidenced ::y 5 the issuance of a certificate of occupancy therefor; or, 6 (d) 12 me ..ths after the date 7 the 25% rate terminated; 8 However, if the approved site plan"for the Apartment Parcel contemplates the construction of more than one apartment build- 9 ing thereon, the Apartment Parcel shall, for purposes of this Section 8.3.2 only, be deemed subdivided into the number of 10 sub -parcels equal to this number of approved buildingh on the approved site ,plan, in which case the Annual Assessments and 11 Special Assessments shall be deemed divided equally among such sub -parcels such that each of the buildings shall be allocated 12 to a K;dpera�te sub -parcel, and the Developer Owner sha12 pay only 25% or 40% as applicable of the prorated Annual assessments and Special Assessments against each sub -parcel 13i� until the earliest of the events specified in subsections (a) 24 and (b) above, or (c) and (d) above, as applicable, with respect to such sub -parcel. 15 8.3.3 The Developer Owner of a Single Family Parcel which remains an intact Parcel because it has trot yet 16 been subdivided shall pay only 25% of the Annual Assessments and Special Assessments until the earlier of: 17 (a) such time as the Parcel is 18 subdivided into Lots at which time Section 8.3.1 above shall apply; 19 or, 20 (b) 12 months from the date of Declarant's conveyance of the 21 Parcel to a Developer Owner. 22 If the Developer Owner ceases to be entitled to the 25% rate because of the occurrence of the event described in 23 Section 8.3.3(b) above, then thereafter the Developer Owner shall pay only 40% of the Annual Assessments and Special 24 Assessments until the earlier of: 25 (c) such time as the Parcel is subdivided into Lots at which time Z6 -48- Page 53 0 1 8021 977 6269�',26!2014 8:49 a. I Section 8.3.1 above bhhll apply; or, 2 (d) 12 months after the date 3 the 40% rate terminated; 4 In the event the Parcel is subdivided into phases and less than all of such phases are subdivided into Lots, the applicable 5 reduced rates set .forth above in this Section 8.3.3 will con- tinue to apply to the unsubdivided remainder of the Parcel; 6 8.3.4 The Developer Owner of a Condominium Parcel 7 shall pay only 25% of the Annual Assessments and Special Assessments for such Paroel until a condominium decla-ation is 8 Recorded against all or part o! such Parcel. Subsequent to such Recording, the Developer owner shall pay with respect to 9 each Condominium Unit to be constructed on such Parcel pursuant to such condominium declarattoh 23% oft the Annual Assessments 10 and Special Assessments until the earliest of: 11 (a) completion of the initial Condominium Units as evidenced by the issuance of a zartifieate of 12 occupancy therefor; or, 13 (b) 13 months from the date of Declarant•s conveyance of the 14 Parcel to a Developer Owner. 15 In the event the Developer Owner ceases to be entitled to the 25% zate because of the occurrence of the event described in 16 Section 8.3.4(b) above, then thereafter the Developer Owner shall pay only 40% of the Annual Assessments and Special 17 Assessments until the earliest of: 18 (c) completion of the initial Condominium Units as evidenced by 19 the issuance of a certificate of occupancy therefor; or, ZO (d) 12 months after the date 21 the 25% rate terwinated. 22 In the event the condominium devel,,+pment is to be built in phases, the reduced rate as provided hereinabcve shall termi- 23 nate with respect to each phase upon the conveyance of the first Condominium Unit in such phase by a Developer Owner to a 24 third -party; and, 25 26 -44- 626%Page 54 1 8021 978 07,128'2014 8:49 Ail M 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 i8 19 20 21 22 23 24 25 26 8.3.5 The Developer Owner of a Non -Residential Parcel shall pay only 25% of the Annual Assessments and Special Assessments for such Parcel until the earliest of: (a) completion of the first building thereon as evidenced by the issuance of the certificate of occupancy therefor; (b) 12 months from the date of Declarants conveyance of the Parcel to a Developer Owner. In the event the Developer Owner ceases to be entitled to the 25% rate because of the occurrence of the event .iesc:ribed in Section 8.3.5(b) above, then thereafter the Developer owner shall pay only 40% of the Annual Assessments and Special Assessments until the earliest of: (c) completion of the first building on such Parcel as evidenced by the issuance of a certificate of occupancy therefor; or, (d) la months from the date the 25% rate terminated. Howevbr, it the approved site plan for tho Parcel contamplates the construction of more than one building thereon, the Parcel Shall, for the purposes of tbis Section 8.3.5 only, be deemed subdivided into the number of sub -parcels equal to the "La bar of approved buildings set forth on the approved site plan, in which case the Annual Assessments and Special Assessments shall be deemed divided equally among such sub-parcbls such that each of the buildings shall be allocated to a separate sub -parcel, and the Developer Owner shall pay only 25% or 404 as applicable of the Annual Assessments and Special Assessments against each sub -parcel instil the earliest of the events specified in subsections (a) and (b) above, or (c) and (d) above, as appli- cable, with respect to each sub -parcel. A Non -Developer Owner shall not be entitled to the reduced assessment rates provided in Sections P 3.1 throug`+ 8.3.5 and a Developer Owner shall be entitled uo such reduced rates only if he is a Developer Owner with respect to the spe- cific Lot or Parcel in question. If a Developer Owner ceases to qualify fo= the reduced payments provided for hereinabove during an Assessment Period, the Developer Owner shall immedi- ately notify the Board, in writing, of the change in status and the Annual Assessments and Special Assessments shall be -so- 62aage 55 8021 979 07,128!2014 8:49 M 2 3 4 5 6 7 9 10 11 12 13 14 15 16 li 18 19 20 21 22 23 24 25 26 pros tad b"GI.Wten tha applicable rate= on a per dim baziZ. he failure of a Developer owner to notify the Board of the change in status hall not prsvent or preclude the reinstatement of the full payment obligation pursuant hereto from taking effect as of the applicable date as provided herein. The Association may from time to time request that any Developer Owner of prop- erty being assessed at a reduced rate furnish to the Association evidence that such Developer Owner continues to be entitled to a reduced assessment rate under this Section 8.3, and if such Developer Owner fails to produce such evidence witain 30 days following the date of the Association's request, or if such evidence as it furnished is unsatisfactory, in the Board's reasonable discretion, to demonstrate such Developer owner's continued entitlement to the reduced assessment rate, the Board may terMinate such seduced assessment rate as of the date reasonably deemed appropriate by the Board. 8.4 maxims A_rinnkl Assessment.. The Maximum Annual Assessment shall be determined as follows: 8.4.1 For the fiscal year ending April 30, 1988, the Maximum Annual Assessment shall be: (a) for each lot, $150.00; (b) for each Apartment Unit, $75.00; and (c) rear each Hon -Residential Parcel, 900.00 times the number of Net Acres (to the nearest one - tenth of a Not Acre) in such Non -Residential Parcel. 8.4.2 Thereafter, except as provided in Section 8.4.3 below, the Maximum Annual Assessment for each Lot,.each Apartment Unit, and each Non -Residential Parcel for any fiscal year of the Association shall be equal to the Maximum Annual Assessment for the immediately preceding fiscal year, increased by the greater of: (a) 5% of the Maximum Annual Assessment for the Lot or Apartment Unit or Non -Residential parcel in effect during the immediately preceding fiscal year; or, (b) an amount equal to the amount of increase in the Indez during the prior year, if any, calculated as fol- lows: If the Comparison index has increased over the Base Index, the Maximum Annual Assessment for the immediately succeeding Assessment Period shall be calculated b3 multiplying the then effective Maximum Annual Assessment by a fraction, the numerator of which is the Comparison Index and the denominator of which is the Base Index. In no case, howaver, shall the Maximum Annual Assessment calculated pursuant to the preceding J1_ �,a�g e56� 1 8 0 21 ' 980 �6�'C7."28 014 8:49 A 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 formula ever be less than the Maximum Annual Assessment in effect prior to the Adjustment Date. If the Index is eliminAt- ed or its method of determination is changed, the foregoing formula shall be altered, if possible, so as to achieve sub- stantially the same effect as the foregoing formula. If this is not possible, a new formula shall be adopted by the Hoard; and, 8.4.3 The Maximum Annual Assessment for an Assessment Period may be increased above the Maximum Annual Assessment for such Assessment Period otherwise determined under Section 8.4.2 above by an affirmative vote of Members holding at least two-thirds (2/3) of the votes in each class of Members represented in person or by proxy at a meeting of the Members of the Association duly called for such purpose, except that if the utility changes or insurance premiums paid by the Association in the 12-►month period prior to the subject Assessment Period are in excess of those paid during the 12-month period immediately preceding such prior 12-month period, or such utility charges or insurance premiums increase unexpectedly during the course of the subject Assessment Period, the Board may increase the Mstximum Annual Assessment otherwise determined under Section 8.4.2 above for the subject Assessment Period by the pro rata share for -each Lot, Apartment Unit or Parcel of the additional utility or insurance costs without the Membership vote described in this ELction 8.4.3 (with such pro rats share to be in the same relative propor- tions, as among Lots, Parcels and Apartment Units, as the ini- tial Maximum Annual Assessments set forth in Section 8.4.1 above). 8.5 Sog iaa 1 Assessments . The Association may levy a Special Assessment but only for the purpose of defraying, in whole or in part., the cost of any construction, reconstruction, repair or replacement of a capital improvement owed by the Association or for defraying other extraordinary expenses, provided, however, that such Special Assessment shall have the prior assent of two-thirds (2/3) of the votes of each class of Members voting in Person or by proxy at a meeting of the Association duly called for such purpose. special Assessments shall be assessed uniformly among the Owners, except as autho- rized under Section 8.3 hereof. 8.6 Notice and ougrum.for Any Action Authorized Under Sections 8.4 and 8.5. Written notice of any meeting of the Members of the Association called for the purpose of conducting a vote required under Sections 8.4 or 8.5 shall be sent to all Owners not less than 30 days nor more than 60 days in advance of such meeting. At such meeting, the presence or Members or of proxies entitled to cast 60% of all the votes (exclusive of suspended voting rights) of each class of Members shall consti- -52- 8021 981 Page 57 1 iLULe a quoiUM. it Lhe LequiLed quoiwia is not piesenL, another II :..00%i& OA&Qli ua %o&.4 %A ;o: oL►wa �+uaj+Co@♦ oiia~1jeCt to the fore- 2 going notice requirements, and the required quorum at the sub- sequent meeting shall be one-half of the quorum required at the 3 initially scheduled meeting. The subsequent meeting shall be held within 60 days following the date of the initially sched- 4 uled meeting. 5 8.7 Maintenance Assessments. In addition to any Annual Assessment or Special Assessment and the Assessments 6 arising under Section 11.2, the Board shall have the authority to levy and collect Maintenance Assessments for costs and 7 expenses arising by or attributable to the special characteris- tics or needs of a particular Lot or Parcel, or if the owner of 8 a Lot or Parcel contracts with the Association for the Association to provide particular maintenance services in 9 regard to such Owner's Lot or Parcel. 10 8.8 Annual Assessment Period. Except as otherwise provided hereinbelow, the Assessment Period shall be the fiscal 11 year commencing on May 1 of each year and terminating on April 30 next following. The Board may, in its sole discre- tion, from time to time, change the Assessment Period. The initial Assessment Period shall commence on the date of 13 Recording of this Declaration and terminate on April 30 follow- ing the date of Recording. The Assessments provided for 14 hereinabove shall be prorated for the initial Assessment Period. 8.9 Billing and Collection EXog urge. The Board 15 shall have the right to adopt procedures for the purpose of 16 making, billing and collecting the Assessments and Special Use Fees, which procedures may include delegating to the applicable 17 Subsidiary Association the authority and obligation of billing and collecting some or all of the Assessments and Special Use Fees. The failure of the Association to send a bill to an 18 owner shall not relieve such owner of the owner's liability for an Assessment or Special Use Fee. No Recorded Assessment Lien 19 shall be foreclosed or otherwise enforced until the Owner has been given not less than 30 days written notice thereof prior 20 to the commencement of such foreclosure or enforcement. The notice shall be addressed to the Owner at the address of the 21 owner on the records of the Association. It shall be the respcnsibility of the Owner to inform the Association in writ- 22 ing of a change of address. The Association shall be under no duty to refund any payments received by the Association even if 23 the ownership of a Lot or Parcel changes during an Assessment Period. Any successor Owner shall be given credit for any 24 unrefunded prepayments made by a prior Owner. In case the Owner of a Lot or Parcel having a right to pay a reduced 25 payment amount as provided herein fails to notify the Board at such time as the payment amount should be increased, such Owner 26 -53- 8021 982 Parse 58 6269CO-28.2014 8:49 .ii shall nonetheless be liable for the full amount of the Assessment and such owner's failure -co notify the Hoard shall 2 not relieve such Owner of the liability for such full Assessment. 3 8.10 Collection Costs and Interest on ]Qeliaguent 4 Amounta. Any Delinquent Amount shall have added thereto a late charge of 15% if such Delinquent Amount is not paid within 15 5 days after its due date. In addition, the Delinquent Amount shall bear interest from its due date until paid at a rate 6 equal to the greater of: (a) 124 per annum; or (b) the then prevailing interest rate on loans insured by FHA or VA. The 7 Owner shall be liabis fir all costs, 'acluding but not limited to attorneys' fees at.d collection agency fees, which may be 8 incurred by the Association in coliectsng any Delinquent Amount. The Board -.,ay also Record a Recorded Assessment Lien 9 against the applicable Lot or Parcel and may establish a fixed fee to be reimbursed to the Association for the Association's 10 cost in Recording such Recorded Assessment Lien, processing the delinquency, and Recording a release of lien. The foregoing 11 fee shall be treated as a collection cost of the Association ,secured by the Recorded Assessment Lien. 12 8.11 Statement of Paynt. Upon receipt of a written 13 request therefor from any owner or Resident, the Board, within a reasonable time thereafter, shall issue to the requesting 14 party a written statement stating that as of the date of that statement: 15 8.11.1 all Assessments and Special Use Fees 16 (including collection fees, if any in regard thereto), have been paid with respect to such Owner's or Resident's Lot or 17 P..rcel; or, 18 8.11.2 if such have not been paid, the amount(s) then dt�e and payable. 19 The Association may make a reasonable charge for the issuance of such statement. Any such statement shall be con- 20 and binding with respect to any matter set forth therein. 21 8.12 Exgmgt Property. Exempt Property shall be exempt 22 from Assessments (except as may be provided in Section 11.3 with respect to Maintenance Assessments) and the Assessment 23 Lien, and shall have no voting rights in the Association, 24 proviaed, however, that should any Exempt Property cease to be Exempt rroperty for any reason, it shall thereupon be subject to Assessments (prorated as of the date it ceased to be Exempt 25 PropectY) and the Assessment Lien, and shall have voting rights 26}1 in the Association as otherwise determined in this Declaration. -54- eae 59 0 I 5O21 983 6Z69t�7,,�s:zo1a eras A. ill ARTICLE IX 2� I L'PfPVlfl.P.lRGdl Aim 11'!L Ab.Zb.7�[RlShc L1bLR 3 9.1 .Association Remedies to Enforce Assessments. If any Owner fails to pay any Assessments or special Use Fees when 4 due, the Association may (and each Owner hereby authorizes the Association to) enforce the payment thereof and the Assessment 5 V. Lien and Recorded Assessment Lien by taking either or both of the following actions, Concurrently or separately (and by 6 exercising either remedy the Association does not prejudice or waive its right to exercise the other remedy): 7 9.1.1 Bring an action at law against the Owner to 8 recover judgment against the owner who is personally liabl3 for the Assessments or Special Use Fees; and, 9 9.1.2 Foreclose the Recorded Assessment Lien 10 against the appropriate Lot or Parcel in accordance with then prevailing Arizona law relating to the foreclosure of realty mortgages (including the right 'v recover any deficiency) and, 11 at the Association's option, the Association m:..-r bill for and 12 purchase the Lot or Parcel at any foreclosure sale. rot pur- poses of this Article IN, the As essment Lien shall extend ;i 13 (and phrases such as *appropriate Lot or Parcel" or "the "Lot or Parcel" shall be deemed to include) all Non -Residential 14 Parcels owned by the delinquent Owner and, in the case of a delinquent Developer Owner, to all Lots and Farcels owned by 15 such Developer owner, regardless of whether the Delinquent Amounts owed by the Owner in question relate to all or less 16 than all of the Lots or Parcels owned by such Owne- 17 9.2 S�dination.of AssessMgnt Lien. The Assessment Lien shall be superior to all charges, liens or encumbrances which hereafter are or may be imposed on any Lot or F9rc.al 18 except: 19 9.2.1 the lien of any first mortgage or deed of trust encumbering the Lots and Parcels which •ras Recorded prior 20 to this Declaration; 21 9.2.2 the lien for taxes or othe governmental assessments which is seemed superior hereto by applicable law; 22 and, 23 9.2.3 the lien of any first mortgago or deed of 24 trust. Sale or transfer of any Lot or Parcel shall not affect the 25 Assessment Lien provided, however, the sale or transfer of any 26 Lot or Parcel pursuant to any first mortgage or deed of trust -55- 8021 984 52,, Vase 60 of 10 C37128!2014 SAS A 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 12 19 20 21 22 23 24 25 26 foreclosure or any proceeding in lieu thereof, shall extinguish 1,he Assesbment Lien only as to payments whicb became due prior to such sbie or transfer. No other sale or transfer shall relieve a Lot or Parcel, or the Owner thereof, for liability from any Assessment theretofore becoming due nor from the Assessment Lien arising in regard thereto. In addition, no Event of Foreclosure shall impair the Assessment Lien or a Recorded Assessment Lien, except that a Person obtaining an interest in a Lot or Parcel through an Event of Foreclosure shall take title subject oily to such Assessments as shall accrue subsequent to the date the Person acquires its interest. 9.3 Release of Recorded Assessment Lien. Upon the complete curing of any default for which a Recorded Assessment Lien was Recorded by the Association, the Association shall Record an appropriate releise of the Recorded Assessment Lien. x a. 10.1 Ose of Association Funds. In addition to the powers enumerated in the Articles and Bylaws, the Association shall apply all Funds for the common good and benefit of the CovereC Property, the Owners dnd the Occupants. The Funds may be usad, among other things, to insure, acquire, construct, alter, maintain, provide and operate, in any mannor whatsoever, any and all land, properties, improvements, services, projects, programs, studies and systems, within the Covered Property bad the Common Areas, which may be necessary, desirable or beaefi- cial to the general common interests of the Owners and the Occupants. 10.2 Borrowing Power. The Association may borrow money in such amounts, at such rates, upon such terms and security, and for such periods of time as the Board dp-ms necessary or appropriate. 10.3 Association_,;. Rights in Spending Funds Fro .Year tp Year. The Association shall not be obligated to spend in •,ny year all Funds received by it in such year, and the Board r..5y carry forward as surplus any balances remaining. The Association shall not be obligated to reduce the amount of the Annual Assessment in the succeeding year if a surplus exists from a prior year. -s6- Page 61 `'0?1 985 62690*128,2014 8:49 , ARTICLE XI 2uMATKXEMCE 3 11.1 Common Aggag and Public Rights -of -WAY. 4 11.1.1 Areas of Association Resnonsibility. The Association, or its duly delegated representative, shall 5 maintain and otherwise manage all Common Areas, provided, how- ever, that the Association shall not be responsible for 6 providing or maintaining the landscaping or structures on any Common Areas located on or within Lots or Parcels unless: 7 (a) such landscaping or structures are 8 intended for the general benefit of the Owners and Occupants; and, 9 (b) the Association assumes in writing the lb responsibility for such maintenance and such instrument is Recorded. 11 The Association stall also maintain any landscaping I2 and other improvements not located on Lots or Parcels but located within the Covered Property if such areas are intended 13 for the benefit of Owners and Occupants, unless such areas are to be maintained by a governmental entity or public utility and in fact are being maintained by such entity or utility or are 141 the responsibility of a Lot or Parcel Owner pursuant to Section 5.4.4 above. Common Areas to be maintained by the 15 Association may be identified on Recorded subdivision plats approved by Declarant, or in a Recorded Tract Declaration or in 16 deeds from Declarant, but the failure to so identify such areas shall not affect the Association's rightg or responsibilities 17 1 with respect thereto. 18 11.1.2 DelevaZion of Responsibilities. In the event any Recorded subdivision plat, Recorded Tract 19 Declaration, Recorded map of dedication, Recorded deed restric- tion or this Declaration permits the Association to determine 20 whether Owners of certain Lots or Parcels shall be responsible for maintenance of certain Common Areas or public rights-bf- 21 way, the Board shall have the sole discretion to determine whether the Association or an individual Owner should be 22 responsible for such maintenance, considering cost, uniformity 23 of appearance, location and other relevant factors. The Board may also cause the Association to contract with others for the 24 performance of such maintenance and other obligations of the Association and, in order to promote uniformity and harmony of appearance, the Board may also cause the Association ;o jon- 25 tract to provide maintenance s9rvices to Owners of Lots and 26 -57- /� n (j Page 62 JA`�' 21 i 8 6 626%6,28!2014 8:49 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 i2 23 24 25 26 Parcels having such responsibilities in exchange for the payment of such fees as the Association and the owner may agree. I 1.I.v Standard of CarQ. .11c Association ah&all use a reasonably high standard of care in providing for the repair, management and maintenance of the Common Areas so that Rancho Vistoso will reflect a high degree cf pride of owneL- ship. The Board shall be the sole judge as to the appropriate level of maintenance of all Common Areas. 11.2 Assessment of. Certain Maintenance Costs. In the event the nerd for maintenance or repair of areas maintained by the Association is caused through the willful or negligent act or omission of any owner (or of any other Person for whore such Owner is legally responsible under applicable state law), the cost of such maintenance or repair shall be added to and become a part of the Assessments to which such Owner and such Owner's Lot or Parcel is subject and shall be secured by the Assessment Lien, and by a Recorded Assessment Lien if deemed appropriate by the Board. Any charges to be paid by an owner in connection with a maintenance contract entered into by the Association pursuant to Section 12.1 shall also become a part of such Assessments and be secured by the Assessment Lien, and by a Recorded Assessment Lien if deemed appropriate by the Board. 21.3 1m2roRer Maintenance and Use of Lots and parcels. In the event any portion of any Lot or Parcel is maintained so as to present a nuisance, or substantially detracts from or affects the appearance or quality of any neighboring Lot, Parcel or other area, or is used in a manner which violates this Declaration or any applicable Recorded Tract Declaration, or in the event the Owner of any Lot or Parcel fails to perform such Owner's obligations under this Declaration, any applicable Recorded Tract Declaration, the Association Rules, or the Architectural and Landscaping Review Committee Guidelines, the Association, by Board resolution, may make a finding to such effect, specifying the particular condition(s) that exist, and thereafter give notice to the Owner of such Lot or Parcel that unless specified corrective action is taken within a specified time period the Association, at such Owner's cost, may take whatever action is appropriate to compel compliance including, without limitation, appropriate legal action. If at the expi- ration of the specified time period the requisite corrective action has not been taken by the Owner, the Association is hereby authorized and empowered, at its sole discretion, to cause corrective action to be taken or to commence appropriate legal action and the cost thereof, including court costs and attorneys' fees, shall be added to and become a part of the Assessments to which the offending Owner and the Owner's Lot or Parcel is subject and shall be .secured by the Assessment mien, -58- 62690gage 63 8021 937 0T728i2014 8:49 3 4 5 6 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 and by a Recorded Assessment Lien if deemed appropriate by the Board. 11.4 Ezc_ se s M,inLenance Costs. In the event any use of, or activity on, any Lot or Parcel causes the maintenance or repair costs incurred or to be incurred by the Association with respect to any portion of tl•e Common Areas to ba substantially greater than those costs which would typically be incurred for such portion of the Common Areas if such portion were adjacent to Lrts used only for typical Single Family residential housing and related purposes, whether such use or activity is of a continuing nature or an isolated event, the Board may, by reso- lution, make a finding to such effect, of the amount of the excess costs incurred or expected to be incurred by the Association and of the method of determining such excess costs. Upon the adoption of such a resolution, the amount of such excess costs at any time or from time to time incurred by the Association for the reasons specified in the resolution shall be added to and become a part of the Assessments for which the Owner of any Lot or Parcel upon which such use or activity is conducted in liable and all of such Assessments shall be secured by the Assessment Lien on such Owner's Lot or Parcel. 12.1 Riahts. Powers and Duties of the Association. In addition to the rights and powers of the Association set forth in this Declaration, the Association shall have such rights and powers as are set forth in the Articles and Bylaws, together with such rights and pot ern and duties as may be reasonab:.y necessary in order to effect all the objectives and purposes of the Association as set forth herein. A copy of the Articles and Bylaws shall be available for inspection at the office of the Associations during reasonable business hours. 12.2 Rules and Rgqulatsons. :n addition to the right to adopt, amend and repeal rules and regulations on the matters expressly mer.tioned elsewhere in this Declaration., the Association, acting through the Board, shall have the right to adopt, amend and repeal rules and regulations with respect to all other aspects of the Association's rights, activities and duties, provided such rules and regulations are rot inconsis- tent with the provisions of this Declaration, the Articles, and the Bylaws. Upon adoption, the Association Rules shall be enforceable in the same manner as this Declaration and anall have the same force and effect as if they were set forth in and were a part of this Declaration. -59- Q Page 64o 10111 8021 988 I (�8 V 6MW/2&2411 8:49 A 1!� 12.3 Associ tion'a Aights.of.Snforcemlat. The elfAssociation, as the agent and representative of the Owners, shall have the right, but not the oblic ion, to enforce the provisions of this Declaration. Furthf any Owner (including 3 Declarant, so long as Declarant is an Own.-r) shall have the right and authority, but not the obligation, to enforce the 4 provisions of this Declaration. 5 12.4 Contracts with Others. Subject to the restric- tiirs and limitations contained herein, the Articles, the 6 Bylaws, and the laws of the State of Arizona, the Association may enter into contracts with others, including Declarant and DeclLrant's affiliated companies, and such contracts shall not be inN•alidated by the fact that one or more directors or offi- cers of the Association are employed by or otherwise affiliated with Declarant or Declarant's affiliate , provided, however, 9 that the fact of such interest shall be previously disclosed or made known to the other members of the board acting upon such lb contract or transaction and, provided further, that the trans- action or contract is fair and reasonable. Notwithstanding the I1 foregoing, any management contract entered into by the Association must be terminable, without penalty, by the Association for cause at any time and without cause upon rea- 12 sonable notice. Any contract between the Association and Declarant or Declarant's affiliates must be terminable by the 13 Association without penalty upon no more than 30 days notice. 14 1.2.5 pr4acggnre .for Change -of Uae of Common Areas. Upon adoption of a resolution by the Board stating that the then 15 current use of a specified part of the Common Areas is no longer in the best interests of the Owners and Occupants, and 16 the approval of such resolution by not less than two-thirds (2/3) of the votes of each class of Members voting in person or 17 by proxy at a meeting duly called for such .purpose, the Board shall have the power bnd right to change the use thereof (and ,.. do v ..._.i th to Lake whatever actions 3 fe reorui r.A 1 is connection tL rq...�.. �o.,a .. .._...... .. �.,......,. to &ccomoodate the new use), provided such new use: (a) also 19 shall be for the common benefit of the Owners and Occupants; and (b) shall be consistent with any Recorded deed, Recorded 20 'Tract Declaration, Recorded restrictions or coning regulations. 21 12.6 Proceu'ure for Transfers o CgMmQn Arm. The Association shall have the right to dedicate or transfer all or 22 any part of the Common Areas to any public authority or utility provided that: 23 12.6.1 such a transfer of dedication does not have 24 a substantial adverse effect on the enjoyment of the Common Areas by the owners and Occupants or on the easements and 25 licenses with respect to the Cotmion Areas granted by this 26 Declaration to the Owners and Occupants; -60- 8O21 999 "a e 65 I .;28,24?S 8A9 ^ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Z5 26 12.6.2 it is required by a Recorded W Jivision plat, a zoning stipulation or an agreement with the County; and 12.6.3 so long as the Class B Membership shall not have terminated, the transfer or dedication has been approved by VA or FHA, as applicable, to the extent VA or FRA may be involved in the Rancho Vistoso project. Except as authorized above the Association shall not make any such dedication or transfer or change the sire, shape or location of the Common Areas, exchange the Common Areas for other property or interests which become Common Areas, or aban- don or otherwise transfer Common Areas (to a nonpublic author- ity) except upon: (a) the adoption of a resolution by the Board stating that ownership and/or use of the relevant Common Area is no longer in the beat interests of the owners and Occupants, and that the change desircd shall be for their bene- fit and shall not substantially adversely affect them; (b) the approval of such resolution by not lest than two-thirds (2/3) of the votes of each class of Members votins in person or by proxy at a meeting called fort such purpose; ar:d (c) approval of the proposed action by VA or FHA, as applicable, to the extent this Declaration has been mutually approved by VA or FHA. 13.1 T ra mz yethod of Termination. This Declaration a.hall be effective upon its Recordation and, as amended from time to time# shall continue iti full force ar;l effect for a term of 20 year from the date of its Recordation. Thereafter., this Declarations (as amended from time to time) shall be auto- matically exter.3ed for successive periods of 10 years each, unless there is an affirmative vote to terminate this Declaration a,t the %Ahan O. a=3 casting 90: of the total votes then entitled to be cast at an election held for such purpose within 6 months prior to the ezpiration of the initial term hereof or any 10-year extension. in addition, -this teclarat.ion may be terminated at any time if 90♦ of the votes ther entitled to be cast by each class of Members shall be oest in favor of termination at an election held for such purpose. if the nec- essary votes and consents are obtained, the 3oard Shall Record a Certificate of Termination, duly executed by the President or Vice President of the Association and attested to by the Secretary of the Association. Upon the Recording of the Certificate of Termination this Declaration shall have no fur- ther forco and effect and the Association thereupon shall be dissolved in accordance with the terms of its Articles and Bylaws and the laws of the State of Arizona. -61-- S0"1 990 i 1 13.2 Amendments. Until the first sale of a Lot within the Covered Property to a Nor.-Develcper Owner for use and occu- 2 pan-y as a Dwelling Unit, this Declaration may be amended by Recorded instrument duly executed by Declarant, without the 3 necessity of calling a meeting of Owners or obtaining -the con- sent of Owners. Thereafter, this Declaration may be amended 4 (either during the initial 20-year term or during any extension thereof pursuant to Section 13.1 above) by Recording a Certificate of Amendment, duly executed by the President or Vice President of the Association, which Certificate of 6 Amendment shall set forth in full the tent of the amendment adopted, and, except as provided n Section 13.3, shall certify 7 that at an election duly called the Owners casting 75% of the votes then entitled to be cast ac,.the election voted 8 affirmatively for the adoption of'the amendment. A Recorded g�Tract Declaration may be amended at any time by a Recorded• � instrument (or by counterpart instrumeres) executed by Declarant and the Owners (other than Declarant, if Declara-it is io an Owner of any Lot(s) or Parcel(s) subject to the Recorded'. Tract Declaration) holding 75% of the Class A votes attribti;:- 11 able to all Lots and Parcels subject to the Recorded Tract Declaration. 12 13.3 Right of Amendment if Raquested_by GovernMgntal, 13 Agency or Federally _Clharteraa Lending Institutipp.. Anything in this Article to the contrary notwithstanding, Declarant 14 reserves the right to amend this Declaration or a Recorded' Tract Declaration as may be requested or required by the FRA, 15 VA cr any other Agency with whom Declarank elects to do busi- ness as a condition precedent to such Agency'a approval of this 18 Declaration or an applicable Tract Declaration, or by any fed- erally chartered lending institution as a condition precedent 17 to lending funds upon the security of any Lot or Parcel or"pur- chasing loans secured thereb7. Any such amendment sl'.dll be effected by Declarant Recording a Certificate of Amendment duly is executed and acknowledged by Declarant specifying the Agency or 19 the lending institution requesting the amendment and setting forth the requested or required amendment(s). Recordation of 20 such a Certificate shall be deemed conclusive proof of the Agency's or institution's request or requirement and such 21 Certificate, when Recorded, shall be binding upon all of the Covered Property and all persons having an interest therein. 22 It is the desire of Declarant to retain control. of the Association and the Association's activities during the period 23 of planning and development of the Covered Property. If any amendment requested or required pursuant to the provisions of 24 this Section deletes, diminishes or alters such control, Declarant shall have the right to prepare, provide for and 25 adopt as an amendment hereto, other and different control pro- visions which shall be binding upon the Covered property and 26 Owners without a vote of the owners. Except as provided in -62- 8021 991 6269o'Pae 67 f 1 07/28:2014 8:43 IM 11 2 3I 4 5 b 7 8 9 .A 11 2J 11 12 13 14 15 lb 17 18 19 20 21 22 23 24 25 26 this Section 13.3 Declarant shall not have any right tn amend this Declaration or a Recordr�d Tract Declaration otherwise than in accordance aith and pursuant to the provisions of Secti.in 13.2. 14.1 Annexation of Additional Pcopetty. Declarant may, in its sole discretion, at any time and from time to time up to the date which is seven (7) years aftez they date this Declaration is recorded, annex to the Covered Property the Additional Property or any portion or portions thereof, provided that the FHA or VA, as the case may be and to the extent they or each of them may be involved with the Covered .Property, has determined that the anne.7?tic-n is in accordance with the Master Development Plan (and subject to the written consent of the owner of the portion or portions to be annexed. if other than Declarant). To effect -Puch annexation, a Supplementary Declaration of. Covenants, Conditions, Restrictions and Easements, as described in Section 14.2, :uvering the Additional Property (or the applicable portion or portions thereof) shall be executed and Recorded by Declarant. The Recordation of such Supplementary Declaration shall ronsti- tilte and effectuate the annexation of the Additional Property (or the applicable portion or portions thereof) described therein, making such Additional Property (or the applicable portion or portions thereof) and the Owners and -Occupants thereof subject to this Declaration and the jurisdiction of the Association. Except as provided in Section 14.3 below, any annexation to the Covered Property of rroperty not included within the Additional Property shall require an amendment to this Declaration pursuant to Section 13.2 above, provided that such amendment must be approved by: (a) Owners holding two- thirds (2/3) of all Class A votes; and (b) Declarant, so long as the Class H Membership is in existence. 14.2 Supplementary Declarations. The annexations authorir.ed under Section 14.1 shall be mAde by Recording a Supplementary Declaration of Covenants, Conditions, Restrictions and Easements. A Supplementary Declaration may contain such complementary additions to and.modifications of this Declaration as may ne necessary to reflect the different character, if any, of the Additional Property (or the applica- ble portion or portions thereof). In no event, however, shall any such Supplementary Declaration revoke or conflict with this Declaration or any Recorded Tract Declaration. If so annexed, Declarant shall be entitled to additional votes under Section 7.3, in an amount equal to three votes for each "lot" within the Additional Property (or the applicable portion or -63- Page 68 8021 3�l2 t�69oar,Iza;zo1a eras 2 3 a 5 6 7 8 9 1V 11 12 13 14 15 16 17 18 19 20 cl 22 23 24 25 26 portions thereof), as determined in accordance with Section 7.3.2 above and the Aaster Development Plan, and the Additional Property (or applicable'portion(s) thereof) shall thereupon become fully a part of the Covered Property subject to all pro- visions of ;:his Declaration (including, but ,.mot V"nited to. provisions hereof regarding Assessments). If the Class B Membership shall have terminated prior to any such annexation by reason of the occurrence of the event described in subsection 7.3.2(x) above, and if the votes to which Declarant would be entitled with respect to such annexed property pur- suant to the preceding sentence, together with the other Class B votes to which Declarant would be entitled under Section 7.3.2 absent termination of the Class B votes, exceed the total number of Class A votes then outstanding, Declarant's Class E membership shall be reinstated until the earlier yr the events described in'subsections 7.3.2(x) and 7.3.2(y). 14.3 An.ngxation and De -Annexation of Certain Property. 14.3.1 Prior to the Recordation of this Declaration, Samcor, Inc., an Arizona non-profit corporation ("Samcor"), has acquired from Declarant the real property described on Exhibit "H" hereto (the "Samcor Property"), and has obtained certain rights to ;exchange the Samcor property for the real property described on Exhibit "I" hereto (the "Exchange Property"). As of the date of Recordation or this Declaration, the Samcor Property is not a part of the Govered Property, while the Exchange Property is part of the Covered Property and subject to this Declaration. Declarant has, how- ever, pricy to the Recordation of this Declaration, Recorded against the Samcor Property an instrument entitled "Tract Declaration" imponing certain covenants, conditions and restrictions upon the Samcor Property (the "Samcor Declaration"). 14.3.2 In the event Samcor exercises its right to ezchauge the Samcor Property for the Exchange Property, with the result that Samcor (or its permitted successor, if any) acquires title to the Exchange Property and Declarant re- acquires title to the Samcor Property, then: (a) at any time within ninety ;90) days after the date of Recordation of the deed or other instrument conveying title to the Exchange Property to Samcor, either Declarant or Samcor may, at their respective npf,ion, execute and Record an instrument deleting the Exchange 'property from the Covered Property and thereby removing the Exchange Property from the effect of this Ceclaration; and (b) upon Recordation of the deed or other instrument conveying title to the Samcor Property to Declarant: (i) the Samcor Property shall be deemed to be a part of the Additional Property annexable to the Covered Property ant. to the effect of this Declaration at Declarant's I -64- Page 69 of 1 62690712 014 6:49 44 8021 993 i 2 3 4 5 6 7 9 iC 11 12 13 14 15 16 17 is 19 20 21 22 23 W .6 discretion in accoriance wish Section 14.1 above; aad (ii) Declarant -hall thereafter have the option, in its sole discre- tion, to revoke and rescind the Samcor Declaration by Recorded instrument. 14.3.3 The Samcor Declaration provides, among other things, that upoA the occurrence of certain events, as more particularly set forth in the Samcor Declaration, Declarant and the then -owner of the Samcor Property shall: (a) execute and Record an instrument annexing the Samcor Property to the Covered Property and subjecting the Samcor Property to this Declaration, and terminating the Samcor Declaration; and (b) execute and Record a Tract Declaration with respect to the Samcor Property establishing and describing the Land Use Clasification for the Samcor Property. The annex- ation and other actions contemplated by this Subsection 14.3.3 shall be permitted notwithstandinci any other provision of phis Article XIV (subject only to the determination by FHA or VA contemplated by Section 14.1 abol,e, if applicable). ARTI{'LE XV 4.!" • lye! � 15.1 Eminent Domain. The term -Taking" as used in this Section shall mean condemnation by eminent domain or sale under threat of condemnation. In the event of a threatened Taking of all or any portion of the Coumon Area, the Owners hereby appoint the Board and such parsons as the Board may delegate to represent all of the Owners in connection with the Taking. The Board shall act, in its soli: discretion, with respect to any awards made or to be made i.i connection with the Taking and shall be entitled to make a voluntary sale to the condemnor in lieu of engaging in a condemnation action. Any awarde received on account of the Taking s!iall be paid to the Association. In the event rf a total Taking, the Board may, in its sole discre- tion, retain and► award in the general funds of the Association or distribute pro rata a1: or a portion thereof to thr owners, (taking i.tc account a reduction in the distribution to those owners payit4g reduced amoints for Assessments pursuant there'), and all holders of liens and encumbrances, as their intez _t may appear of Recor-d. 15.2 Authority is purchase Insurance. The Association shall purchase and mair.,t.?i.n such property damage and liability insurance upon -,;he Con_toa Areas and such other insurance as the Board, in its absolute discretion, may determine. The Association shall be the named insured in all policies providing such insurance. Neither the Association nor the Board, ncr any member of the Board or officer or agent of the -65- page 70 � 3021 021 9 n 4 6269%7,128!1014 8:49 K" 4 5 6 7 8 9 10 11 12 13 14 :5 16 17 18 19 20 21 22 23 24 25 26 Association, shall be liable to any Person for failure of the Association to secure and maintain any such insurance coverage where such insurance coverage is not available in the State of Arizona at a reasonable cost and on other reasonable terms and conditions. Notwithstanding the foregoing, the Association shall obtain and maintain at all times, at the,Associationes expense, directors' and officers' liability insurance covering all officers and directors of the Association, as well as all regular and alternate members of the Architectural and Landscaping Review Committee, in amounts and on terms adequate to permit the Association co meet its obligations to indemnify such persons pursuant to the Articles and Bylaws. 15.3 Individual ResoonsibilitY. It shall be the responsibility of each Owner or Occupant to provide insurance for himself on his real or personal property interests on or within the Covered Property, incluuing, but not limited to, his additions and improvements thereto, firnishings and personal property therein, his personal liability to the extent not cov- ered by the property and public liability insurance, if any, obtained by the Association. Each Owner and Occupant shall also provide such other insurance which is not carried by the Association as such Person desires. No .Person shall maintain dny insurance which would limit or reduce in any manner the insurance proceeds payable under the insurance maintained by the Association in the event of damage to the improvements or f. xtures on the Common Areas. Neither the Association nor any Board mer•ber nor Declarant shall be liable to any Person or mortgagee if any risks or hazards are not covered by the insur- ance obtained by the Association or if the amount of such insurance is not adequate. 15.4 insurance Claims. The Association is hs:eby irrevocfibly appainted and authorized by the Owners to adjust all claims arising under insurance policies purchased by the Association and to execute and deliver releases upon the payment of claims, and to do all other acts reasonably neces- sary to •.ccomplist, any of the foregoing. The Board has full and complete power to act for the Association in this regard and may, at its discretion, appoint an authorizes: representa- tive or committee, or enter into an insurance trust agreement wherein the trustee shall have authority, to negotiate losses under any policy purchased by the Association. 16.1 Fnfo-rcement_Rig_hts. Each Owner (including Declarant, so long as Declarant is an Owner) shall heve the -66- Page 71 9014,01 91j 6159o07,28.-014 eras right and authority: but not the obligation, to enforce the provisions of this Declaration. 2 16.2 lnte-Mrbtation of the Covenants. EXC@pt for Judi- 3 cial construction and as hereinafter provided, the Association, by its Hoard, shall have the exclusive right to construe and 4 interpret the provisions of this Declaration, including without limitation, the land use restrictions in Article V hereof and 5 in any Recorded Tract Declarations. In the absence of any adjudication to the contrary by a court of competent jurisdic- 6 tion, the Associat;.on's construction or interpretation of the provisions hereof shall be final, conclusive and binding as to 7 dl;. persons and property benefited or bound by this Declaration. 8 16.3 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration 9 is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. 10 :16.+4 Rule Agginst Perpetuities. If any of the it interests, privileges, covenants or rights created by this Declaration shall be unlawful, void or voidable for violation of the Rule against Perpetuities or any related rule, then such 12 provision shall continue until 21 years after t''3 death of the 13 survivor of the now living descendants of the President of the United States living on the date this Declaration is Recorded. 14 16.5 Change of Circumstances. Except as otherwise expressly provided in this Declaration, no change of conditions 15 or circumstances shall operate to extinguish, terminate or 16 modify eny of the provisions of this Declaration. 16.6 DQc_larant's Discla.iMer of Representations. 17 Notwithstanding anything to the contrary herein, Declarant makes no warranties er representations whatsoever that the 18 plans presently envisionerl For the complete development of Rancho V:.stoso can or wiii be carried out, or that any real 19 property now owned or hereafter accuired by it is or will be subjected to this Declaration, jr-- :.at any such real property 20 (whether or not it has been subjected to this Declaration) is L,,: will be committed to or developed for a particular (or any) 21 use, or that if such reel property is once urged for a particu iar use, such use will continue in effect. While Declarant has 22 no reason. to believe that any of the restrictive covenants con- tained it this Declaration are or may be invalid or unenforce- 23 able for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity 24 or enforceability of any such restrictive covenant. Any Owner acquiring a Lot or Parcel In reliance on one or more of such 25 restrictive covenants shall assume all risks of the validity 26 -67- 3021 996 62690�� ,1,, 6� JA� 1� and enforceability thereof and by accepting a deed to the Lot or Parcel agrees to hold Declarant harmless therefrom. 2 16.7 5uccassors and Aasig". Any reference in this 3 Declaration to Declarant shall include any successors or assignees of Declarant's rights and powers hereunder. Any such 4 assignment shall be evidetsced by a Recorded instrument executed by Declarant and its successor or assignee. 5 16.8 Gender and Number. Wherever the context of this 6 Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in 7 the neuter gender shall include the masculine and feminine genders. Words in -the singular shall include the plural; and 8 words in the plural shall include the singular. 9 16.9 Captions. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose 10 of re£etenee and convenience only and are mot to be deemed to limit, modify or otherwise affect any of the provisions hereof 11 or to be used in determining the intent or context thereof. 16.10 N t_�_ices_. If notice of any action or proposed 12 action by the Board or any committee or of any meeting is 13 required by applicable law, this Declaration or any resolution of the Board to be given to any Owner or Resident then, unless 14 otherwise specified herein or in the resolution of tho Board, such notice requirement shall be deemed satisfied if notice.of 15 such action or meeting is published once in any newspaper in general circulation within the County. This Section shall not 16 be construed to require that any notice be given if not other- wise required and shall not prohibit.' -satisfaction of any notice 17 1 requirement in any other manner. 18 16.11 XUAM &ovrovpj. If this Declaration has been initially approved by the FXk or the VA in connection with any 19 loan programs made available by FHA or VA in regard to the Covered Property, then for so long as there is a Class B Member of the Association, the following actions will require the 20 prior approval of the FHA or the VA, as applicable, unless the need for such approval has been waived by FHA or Vk: 21 dedications or other changes in configuration or us.: of Common 22 Areas (except where such dedication oc change is required as of the date hereof by the County); and amendments of this Declaration. 23 24 16.12 Supplementation Rights. In furtherance of the orderly sale and development of Parce's within the Covered Property, and of the protection and eLaancement of the value of 25 the Covered Property generally, Declarant shall have the right, 26 power and authority (but not the obligation), where in -68- page 73 f 1 b269oat.�a�za�a eras 8=)21 997 2 3 4 5 6 7 8 9 Iu I1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 beclarant's discretion tie circumstances so warrant and the resulting development will be generally consistent with the Master Development Plan, to execute with the purchaser of any Parcel, prior to or concurrently with the sale of such Parcel to such purchaser, a supplement to ;,his Declaration qualifying or limiting the applicat..on to such Parcel of,, or entirely excepting such Parcel from the coverage of, any or all of the restrictions, limitation.* or other provisions included in Article IV and Soctions !t.2, 5.3 and 5.4 of this Declaration. No such supplement shall exempt any Parcel or its Owner (or any Lots into which :such Parcel is divided, or the respective Owners t'aereof) from the obligations to pay Assessments here- under or from the Assessnent Lien or deprive such Parcel or its Owner (or any Lots into which such Parcel is divided, or the respective Owners thereof) of membership and voting rights otherwise es,:ablis:zed by this Declaration. Such supplements shall be Recorded end shall be binding upon Declarant, the Association, the Ar2hitectural and Landscaping Review Committee and each Owner and Occupant (including the Owner_ and each Occupant of the Parcel reEeren,,ed in such supplement, or of airy Lot into which such Marcel is subdivided). Declarant shall deliver a true and co mple.e copy of any such supplement to the Association within a reasonable time after Recordation thereof (or, if the Association shall not yet have been formed, after formation of the Asbociat:.on). Notwithstanding provisions of this Declaration stating that in the event of any conflict or inconsistency between thin Declaration and any supplement, Tract Declaration or ot.ler such instrument this Declaration governs, in the event of emy conflict or inconsistency between this Declaration and a supplement executed pursuant to this Section 16.12, such supplement shall govern as to the Parcel referenced therein. Further, notwithstanding anything in this Section 16.12 to the contr?ry, no supplement adopted pursuant to this Section with respect to a Parcel restricted by a Recorded Tract Declaration to any of the following Land Use Clasyifictions shall be effective unless approved by the VA or the FHA (but only if this Declaration has been initially approved by the FHA or VA): Single Family Residential, Residential Condominium Development or Cluster Residential. 16.13 Water Rights. The Association shall have the right to receive all water which any Lot or Parcel, or the Owner thereof, is entitled to receive from any irrigation dis- trict serving such Lot or ;Parcel. The Association shall use such water for maintaining the. Common Areas and .`or other . appropriate uses for the bsnefit of the Owners ani Occupants -jtnerally. Each Owner sha I'_ execute any assignmei.ts or instructions as t'^e Association or any irrigation ai.strict may request in order '.a mainta:in, increase ox obtain allocations of water to which such Owner't; Lot or Parcel is entitled and to enable the Association to receive all water which is at any -69- 8021 998 62690���-,ae 743 1 2 3 4 5 6 7 8 9 to .v 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 time allocated to the Lot or Parcel. The right to receive such water from an irrigation district is and shall remain appurte- nant to the Lot or Parcel. Declarant, for each Lot or. Parcel and any portion thereof, covenants and agrees and each Ownei by acceptance of a deed therefor iG deemed to covenant and agree that the irrigation district shall have no obligation or duty to construct or in any way provide ditches for water delivery, regardless of the then current use of the Lot or Parcel. The. Association shall pap any and all assessments and changes made by the irrigation district for the delivery and use of water to which the Lot or Parcel is entitled wban used by the Association for maintaining the Common Areas and for other appropriate uses for the benefit of the Owners and Occupants generally. Notwithstanding the foregoing, any Omer has the right --to require direct delivery of•water to which his, her or its land is entitled .from any such irrigation district. In the event an Owner requires direct delivery, such 6waer, and not , the Association, shall bear any and all expenses assooiated ' with direct delivery, Ar.ludim-but liiaited. to,_the. �eop- _..... y _not. ..,_. scruction and ijistallatyon o-- a delivery system and all future assessments and charges for the delivery and use by such Owner ; of water to Which his, her or its lend is entitled. IN WITNESS WHEtR80P, Declarant has caused this Declaration to be duly executed. WOLFSWIGROUP, INC., an Arizona corporation 9y i'- y '• Its�,s...�' r; STATE OF ARIZONA ) ) Bs. County of Maricopa ) d On this �� day of 1 7, befoXe'-me, the undersigned officer, personally appeared who acknowledged hims41 o be of WOLFSWIMI L GROUP,.INC., an Arizona corpora- tion, and that he, in such capacity, being authorized so to do, -70- 8021 999 Page 75 62690• a7,2812014 5A! I I t 2 4 5 6 8 4U 12 13 14 is 19 20 21 22 23 24 25 26 ize -! utc4d the I-orecolng ifistrumat for the purposes therein 0on- aitted by signing the name of the corporation by himself.IN 14ITNESS WHEREOF,, I have hereunto set my hand of ficial sea i, N t My commission Expires: JW Y Cw9dSS)M DOM SOPL 2. Al'tto -71- 8021 1000 er Page 76 0 6&'690*28!2014 8:49 CONSENT AND APPROVAL OF LENDER The undersigned Lender, which is the Beneficiary of that certain Deed of Trust and Assignment cf Rents, dated August 2q, 1986, by Declarant. as Trustor, recorded at Docket 7852, Page 1603-1645, as re -.recorded at Docket: 7897, Page 1305 it the Records of the Pima County Recordhr, as rmended by that certain First Amendr►ent to Deed of Trust, dated December 31, 1986, by Declarant as Trustor, recorded at Docket 7947, Page 2129 in the Records of the Pima County Recorder (collectively referred to as the "Deed of Trust"), as a first lien on the property described in Fathibit "B" hereto, for and on behalf of itself and its successors and assigns, hereby consents to and approves the foregoinq Restated Declaration of_Covenants, +conditions, Restrictions and Easements for Rancho Vistoso (the "Declaration"), an4 agrees that its lien and all rights it may have with respect to the property described are•subject and subordinate to Declarations providel, however, that this consent and approv&l shall not constitute a subordination of the lien of the beeds: of -Trust to any lien or charge created or arisiti§' purakdAnt to the tests of the foregoing beclaration inelnding, : VdVhbtit A L1%.ili2a 76= ttl1Q to Vt the DiidlarwUrDfi'e.. , Dated as of the ,'}3rd day of April, 1987. LINCOLN SAVINGS AND ids ASSOCIATION, a California state chartered saViiig ' . and loan association, Uba American Continental Financial services, Inc. STATE OF ARIZONA ) ss. County of Maricopa ) The forgoing instrument was acknowledged before me this_ 4W*1 .day of April, .1987, by Jeffrey Erhart, the Vice iesident and Assistant Secretary of Lincoln Savings and Loan Association, a California state chartered savings�.j loan association, dba American Continental Financit.li�icals •• ati' : Inc. . =_.•r° .�. 1 •� i . IN WITNESS WHEREOF, I hereunto set my hand and p�l• s •1y�• seal.' 1 Notary PublicVw r,•._ My commission expires: 801901 1091 Page 77 of 07.28t2414 8:49 AM r, • .,;NL..*.%ItLP. rRopI:R,rY «,�......•.. jLvnA ..cx IM Mwtwtrs Ei l IBIT "A" LAND UU PLAN OENERAL OEMOPMEiNT PLAN 2ancho VWO OW master Pwww Con'mundv Pima County. Anoxia 8021 1002 Page 78 of 1 07,28!2014 8:49 AM va,. O[.N.ua.. 1 . , . wWw WLB No. 185050-101-02 LEGAL DESCRIPTION RANCHO VISTOSO kral 4up� That portion of Sections 25 and 36, Township 11 South, Range 13 East, and Sections 29, 30, 31 and 32, Township 11 South, Range 14 East, G. & S.R.B. & M., Pima County, Arizona, described as follows; COMMENCING at the Southwest corner of the said Section 36; THENCE N 00002110" W, along the West line of the said Section 36, a distance of 150.00 feet to the POINT OF BEGINNING; THENCE N 00002110" W, along the said West line, a distance of 2,487.13 feet to the West One -Quarter (W 1/4) corner; THENCE N 00001156" W, along the said West line, a distance of 2,608.81 feet to a line 30.00 feet south of and parallel with the North line of the said Section 36; THENCE N 890481484 E. along the said parallel line, a distance of 75.00 feet; THENCE N 00001'56" W, 30.00 feet to the said North line; THENCE N 89"49148" E, along the said North line, a distance of 452.00 feet to a point of curvature of a tangent curve, concave to the North; THENCE Easterly, along the arc of said curve, to the left, having a radius of 2,000.00 feet and a central angle of 0314E7'55" for an arc distance of 1,115.80 feer to a point of tangency; THENCE N 57050153" E, 346.73 feet to a point of curvature of a tangent curve, concave to the Northwest; THENCE Northeasterly, along the arc of said curve, to the left, having a radius of 500.00 fee: and a central angle of 046*30100" for an arc distance of 405.79 faet to a point of tangency; THENCE N 11020'53" E, 458.8.' feet to a point of curvature of a tangent curve, concave to the Southeast; THENCE Northeasterly, along the arc of raid curve, to the right, having a radius of 500.00 feet and a ventral angle of 046030'00" for an arc distance of 405.79 feet to a point of tangency; THENCE N 57050153" E, 675.00 feet to a point of curvature of a tangent curve, concave to the Northwest; EXHIBIT "B" 8021 1003 Page 79 of 1 67,28!2014 6:49 AM September 11, 1986 Legal Description WLB No. 185050-101-02 roue THENCE Northeasterly, along the arc of said curve, to toe left, having a radius of 450.00 feet and a central angle of 065°30'00" for an arc distance of 514.44 feet to a point of tangency; THENCE N 07039107" W. 290.00 feet to a point of curvature of a tangent curve, concave to the East; THENCE Northerly, along the arc of said curve, to the right, having a radius of 450.00 feet and a central angle of 045000'00" for an arc distance of 353.43 feet to a point of tangency; THENCE N 37020153" E, 660.54 feet to a point of curvature of a tangent curve, concave to the West; THENCE Northerly, along t;ie arc of said curve, to the left, having a radius of 50n.00 feet and a central angle of 036027'22" for an arc distance of 318.14 feet to a point of tangency; THENCE N OC-530310 E, 248.56 feet to a point of curvature of a tangent curve, concave to the Southeast; THENCE Northeasterly, along -the arc of said curve, to the right, having a radius of 50C.00 feet and a central a,31e of 054618100" for -an arc distance of 473.86 feet to a point of tangency; THENCE N 55011131" F, 1,245.00 feet to a point:of curvature of'a tangent curve, concave to the.South; THENCE Easterly and Southeasterly, along the arc of said curve, to the right, having a radius of :00.00 feet and a central angle of 111000'00" for an are distance of 968.66 feet to a point of tangency; THENCE S 13048'29" E, 250.06 feet to a point of curvature of a tangent curve, concave to the'Northea:t; THENCE Southeasterly, along the arc of said curve, td the left, having a radius of 500.00 feet and a central angle of 054037'00" for an arc distance of 476.62 feet to a point: of tangency; THENCE S 68025129" E, 330.00 feet to a point of curvature of a tangent curve, concave to the Southwest; THENCE Southeasterly, along the arc of said curve, to the right, having a radius of 2,125.00 feat and a central angle of 011'28'00" for an arc distance of 647.81 feet to a point of tangency; 8021 1004 Page 80 of 1 07,28.2014 8:49 AM Page 3 • September 11, 1986 Legal Description • WL6 No. 13EO50-11.11-02 proup.. THENCE S 56057129•' E, 425.00 feet to a point of curvature of a tangent curve, concave to the Northeast: 1 THENCE Southeasterly, along the arc of said curve, to tie left, having a radius of 1,600.00 feet and a central angle of 024°00'00" for 1 an arc distance of 670.21 feet to a point of tangency; THENCE S 74057129" E, 676.00 feet to a point of curvature of a tar.c.nt curve, concave to the Northwest; THENCE No r:;ieasterly, aloe, the arc of said cave, to the left, having a radius of 965.00 feet anc a central angle of 073°30'OD" for an arc distance of 1,338.97 feet to a point of tangency; THENCE N 25032131" E, 650.00 feet to a point of curvature of a tangent curve, concave to the Southeast; ' THENCE Northeasterly, along the arc of said curve, to thz right having a r:..:ius of 500.01 feet and a central angle of 033000'00" for are arc distance of 287.9E feet to a point of tangency; ' THENCE N 58032131" E, 149.66 feet i-. the Southwesterly line of that parcel'recorded in racket 7761 at Page 1525, Pima County Recorder's Office, Pima County, Arizona; THENCE S 35000'33" E, along the said line, a distance &f 272.33 feet to an angle point; ' THENCE N 56035153N E, along the Southeasterly line of the said Parcel, a distance of 16.68 feet to a point on the arc of a non --tangent curve, concave to the Southwest, a radial line of _aid curve through said point havinU a bearing of N 611124'55" E; THENCE Southeasterly, along the arc of said curve, to the right, having a radius of 5,410.77 feet and a central angle of 001024'31" for an arc distance of 133.03 feet to a point of tangency; THENCE S 27010133" E, 1,274.36 feet to a point of curvature of a tangent :urve, concave to the Southwest; THENCE Southeastc-ly, along the arc if said curve, to the right, having a radius of 6,745.93 feat and a central angle of 006°18'00" for an arc distance of 741.75 feet to a point of tangency; 8021 Page 81 of 1 0 n T8!24t4 8:49 AM ' Page 4 Seatember 11, 1986 Ltga.l Description • • ' WLB No. 185050-101-02 ir io � up,� THENCE S 20052'33" E, 756.34 feet to a point of curvature of a tarlent curve. concave to the Northeast; THENCE Southeasterly, along the arc of said curve, to the left, having a radius of 1,575.00 feet and a central angle of 068b25'28" for an arc distance of 1,680.92 feet to a point of tangency; THENCE S 89618'01" E, 4E-1.83 feet to the West eight -of -way line of Oracle Road (U.S. Highway 89); AV -a- THENCE S 00*41'59" W, along the said •right-of-way line, a distance of 2,965.51 feet to a point of curvature of a tangent curve, concave to the West; J THENCE Southerly, along the said right-of-way line, along the arc of said curve, to V e right, having a radius of 7,539.44 feet and a cal,tral angle of 009*25149" for an arc distance of 1,240.93 feet to the North right-of-way line of Tangerine Road as described in Resolution No. 1926-72 recorded in Docket 7786 at Page 966; THENCE along the said right-of-way line the following course and distances; N 78043148" W, 305.80 feet to a point of curvature of a tangent curve, :oncave 0 the South; Westerly, along the arc of said curve, to the left, having a radius of 1,677.89 feet and a central angle of 036°05'08" for an arc distance of 1,056.76 feet to a point of tangency; S 65011104" W, 496.74 feet to a point of curvature of a tangent curve, concave to the North; Westerly, along the arc of said curve, to the right; having a radius of 1 177.89 feet and a central angle of 033°56'00" for an arc dist",ce of 816.05 feet to a point of tangency; N 80052'56" W. 731.49 feet to a point of curvature of a tangent curve, concave to the South; Westerly, along the arc of said curve, to the left, having a radius of 3,969.72 feet and a central angle of 027035124" for an arc distance of 1.911.56`eet to a point of tangency; 8021 100�� � � M Page 5 September 31, 1986 • Legal Description • - ' WLB No. 185050-101-02 T roux S 71°31'40" W, 1,149.11 feet to a point of curvature of a tangent curve, concave to the Southeast; Southwesterly, along the arc of said curve, to the left, having a radius of 2,441.83 feet and a central angle of 01404415011 for an arc distance of 628.50 feet to a point of tangency; S 560461500 W, 318.11•feet; THENCE N 26017153" W, 50.34 feet to a point of curvature of a tangent curve, concave to the Southwest; THENCE Northwesterly, along the arc of said curve, to the left, having a radius of 720.00 feet and a central angle of 017427'28" for an arc distance of 219.38 feet to a point of tangency; THENCE N 43045121" W, 154.94 feet; THENCE S 43043151" W, 443.41 fee-.; THENCE S 84046130" W, a distance of 576.55 feet to a point on the arc of a non -tangent curve, concave to the West, a radial line of said _ curve through said point having a bearing of N 71032150" E; THENCE Southerly, along the arc of said curve, to the right, having a radius of 1,150.00 feet and a central angle of 011026'34'' for an arc distance of 229.67 feet to the said North right-of-way line of Tangerine Road; -& THENCE S 8D052121" W, 2,333.07 feet to the East line of that Parcel recorded in Docket 6745 at Page 608; THENCE N 15047124" E, along the said East line, a distance of �< • 451.41 feet -to the Northeast corner; VENCE N 89059131" W, along the North tine, a distance of 737.58 F feet to the Northwest corner; THENCE S 00100129" W, along the Vest line, a distance of 435.00 feet to the said North right-of-way line'of Tangerine Road; L THENCE along the said right-of-way line, the following courses and distances; Page 83 of 1 8021 1001 07,2e2014:49 m September li, 1986 Legal Description WLB No. 185050-101-02 Tl�% coupLK N 89°59'31" W, 54.03 feet to a point of curvature of a tan ent curve, concave to the South; Westerly, along the arc of said curve, to the left, having a radius of 11,609.16 feet and i central angle of 003026122" for an arc distance of 696.88 fee: to a point of tangency; S 85%34107" W, 55:.VV feet to a point of curvature of a tangent curve, concave tc Lhe North; Westerly, along the ;rc of said curve, to the right, having a radius of 11,309.16 feet and a central angle of 003026'22" for an arc distance of 678.87 feet to a point of tangency; N 89059'31" W, 281.15 feet to the POINT OF BEGINNING. EXMFT that portion of the said Sections 25 and 36 described as follows: COMEN.ING at the Northwest corner of the said Section 36; THENCE N 89P48148" E, along the North line of the said Section 36, a distance of 1.120.73 feet to the POINT OF BEGINNING; THENCE S 00000100" E, 644.47-feet; THENCE S 900OC'00" E, 675.00 feet; THENCE N 00*00'70" W, 1,067.41 feet; THENCE S 32037109' W, 189.84 feet to a point of curvature of a tangent curve, concave .`a the Northwest; THENCE Southwesterly, along the arc of said curve, to the right, having a radius of 570.00 feet and a central angle of 057*1113911 for an arc distance of 568.99 fee: to a point of tangency on the North line of the said Section 36; THENCE S 89048148" W. along th3 sari North line, a distance of 94.43 feet to the POINT OF BEGINNING. and EXCEPT that portion of Section 31, Township 11 South, Range 14 East, G. & S.R.B. b M., Pima County, Arizona, described as follows: COMMENCING at the Southe,ist corner of the said Section 31; Page 84 of 1 67,128:241A 8:49 AM 8021 1003 September 11, 1986 Legal Description WLB No. 185050-101-02 g,whboup THENCE N 00600148" E. along the East line of the said Section 31, a distance of 1,427.60 feet to thF North right-of-way line of Tangerine Road recorded in Docket 7786 a;: Page 966 Pima County Recorder's Office, Pima County, Arizona; . THENCE N 80052156" W, along the said right-of-way line, a distance of 386.74 feet to a point of curvature of a tangent curve, concave to the South; THENCE Westerly, along the said right-of-way line, along the arc of said curve, to the "left, having a radius of•3,969.72 feet and a central angle of 007021'14" for an arc distance of 509.51 feet to the POINT OF BEGINNING; THENCE Westerly, along the said right-of-way line, along the arc of said curve, to the left, having a radius of 3,969.72 feet and a central angle of 020014'10" for an arc distance of 1,402.05 feet to a point on the arc of a non -tangent curve, concave to the East, a radial line of said curve through said point having a bearing of S 710311400 W; THENCE Northerly, along the arc of said curve, to the right, having a radius of 2,370.G0 feet and a central angle of 018029108" for an arc distance of 764.64 feet to a point of tangency; THENCE N 001100148" F, 426.58 feet; THENCE S 89°33'39r' E, 1,382.04 feet; THENCE S 18030'00" E, 243.29 feet to a point of curvature of a tangent curve, concave to the West; THENCE Southerly, along the arc of said curve, to the right, having a radius of 1,525.00 feet and a central angle of 021041'54" for an arc distance of 577.53 feet -to a point of tangency; THENCE S 03011164" W, 141.75 feet to a point of curvature of a tangent carve, concave to the Northwest; `HENCE Southwesterly, along the arc of said curve, to the right, having a radius of 25.00 feet and a central angle of 088033156" for an arc distance of 38.64 feet to the POINT OF BEGINNIN(l. EXCEPT the following described parcel: COMMENCING at the Southeast corner of the said Section 31; 8021 1009 P1 � �of 1 I 9r,oup� rage b September 11, 1986 Legal Description WLB 30. 185050-101-02 THENCE N 00000148" E, along the East line of the said Section 31, a distance of 2,329.41 feet; THENCE N 890591120 'W, 1,756.88 feet to' the POINT OF BEGINNING; THENCE N 89059112" W, 50.00 feet; THENCE N 0000014811 E, 50.00 feet; THENCE S 8905911211 E, 50.00 feet; THENCE S 00000'48" W, 50.00 feet to the POINT OF BEGINNING. Prepared by: THE P GROUP i Kenneth E.is `�n, R.L.S. 8021 1010 f1 A LCTUNo: W CLICLLATM t .a �i.b w.r.wr.•wr 1-Hr •L _� .rYa•r .wrr� M •w.•YM.YYI•.W .F...r w � .Yr.ww.. 10�I1W[MKorneKr -�� .•• • Y.w. Mrr.. nl•.w»N.r rw»rlwr �-- ww.wYr.Yw • M4..N Frp Y»..t. i •'" r» LAND USE PLAN GENERAL DEVELOPMENT DEAN .r t=,ZWf "v" &WIS CAM Dims �./►TCS • �ii. �►. .'J"r '"' ryfMriY....�P .»�. w•,_r•u! rc.ir�civ»����.rw nwMi. �, ,;;,1,,. �i�\1'�•W� WtOSO Mastr Pbmied Cnronunity Pima County. Arizona EXHIBIT "C" e 87 of 1 014 8:49 AM r ERi-IBIT "E" GENERAL COMMERCIM USE 1. Addressographing 2. Adjuster, insurance 3. Admini3trative, enginesting, scientific research and development, design facility, and fabrication as may be necessary in connection therewith 4. Advertising sign or structure 5. Ambulance service E. Amusement or recreational enterprise (within a completely enclosed structure), including: a. Bowling alley b. Gymnasium c. Mechanical or electronic gaM&3 arcade d. Penny arcade or shooting gallery e. Skating rink E. Sports arena 7. Amusement or recreational enterprise (outdoor)# including: a. Archery range b. Baseball batting cage c. ,Miniature golf or practice driving or putting range d. Swimming pool e. Tennis court 8. Antique store 9. Apparel store 10. Appliance store 11. Art or drawing supply store 12. Art needlework 13. Art store at gallery 24. Auditorium or assembly hall 0 Page 89 of 1 8021 1013 07!28'2014 8.49 &M 15. Autc parking lot (within or without a building), to long as the same is incidental or accessory to another perneitt*d uste 16. Autamobile accessories, parts and supplies (retail sales) 17. Automobile lubrication and oil change operation in conjunction with a department store 18. Automobile tires, batteries and accessories installation in conjunction with a department store 19. Baby shop 20. Bakery 21. Bank 22. Barber 33. Ba..hroos accessories ('retail Bales) 24. Beauty shop 25. Beverage bottling plant 26. Bicycle shop 27. Blueprinting 28. Burglar alarm service 29. Cafe or :uncbroom 30. Candy shap 31• Canvas goods (retail sales) 32. catering service 33. child care center 34. Cleaning, dyeing, laundry agency 35. Clothing (retail sales) 36. Club: Athletic, private, social, sport or recreational, except sports stadium or field 37. Cocktail lounge -2- Page 90 of 1 8021 1014 azrzezo,a g;qg AM 11 38. College or governmental structure 39. Commercial stable 40. Community service agcacy 41. Confectionery store 42. Convention facilities, such as conference and banquet rooms 43. Crockery sales !retail) 44. Custom dressmaking, millinery, hemstitching or pleating 45. Custom weaving or mending 46. Dealers in coins, stamps or similar collector's items 47. Delicatessen 48. Dental laboratory 49. Department store 50. Drapery shop 51. Driving school 52. Drug store 53. Dry goods or notions store 54. Duplicating, mimeographing, tmultigraphing 55. Engraving, photo -engraving 56. Equestrian facilities 57. Fitness and exercise centers 58. Floor covering store (retail sales) 59 Florist shop 60. Frozen food locker 61. Fruit or vegetable store 62. Furniture store 63. Game courts such as tennis and racquetball -3- 8021 -Mae591 of 1 SMn 67,28!201 A 8:49 AIM 64. Gasolina service station (incidental repairing only) 65. Gift, curio, hobby or novelty shop 66. Glass shop, custom 67. Grocery market 68. Gymnasium 69. Handyman shop 70. Hardware store 71. Health food store 72. Hotel, motel, lodge or inn (collectively referred to aF hotel) and customary accessory facilities including, but not limited to, cocktail lounge, restaurant, gift shop, barber shop, beauty shop and newsstands (collectively referred to as accessory uses), provided such accessory uses are a part of the hotel 73. House furnishing store 74. Ice cream store 75. Interior decorator 76. Jewelry and watch repair- 77. Jewelry store 78. Laundry and dry cleaning units 79. Laundry, cleaning or dyeing works 80. Lawnmowing sales and repair 81. Leather goods store 82. Library or museum 83. Light manufacturing or assembling incidental to retail sales from the premises 84. Liquor store 85. Locksmith 86. Lumber, retail sales _4_ 8021 1016 5KWn page 92 of 1 07.12W2014 8:49 AM 87. Major resort 88. Meat, fish or poultry market 89. Medical laboratory 90. Merchandise broker's display: Wholesale 91. Mini -storage facility . 92. Motorcycle or motor scooter sales, repair or storage 93. Music, phonograph, radio or, television store 94. Office supplies (retail sales) 95. Optical goods (manufacturing and sales) 96. Orthopedic appliances 97. Oxygen equipment (rental or distribution) 98. Pet grooming 99. Pet shop 100. Photograph studio 101. Photographic supply store 102. Piano (retail sales and repair) 103. Picture frame shop 104. Plant nursery 105. Playground or athletic field 106. Plumbing (retail custom) 107. Printing or publishing 108. Private preschool or elementary school 109. Record recording swidio or sound score production 11C. Reducing salon 111. Refreshment stand 112. Refrigeration installation or service �s- 8021 SW 1017 Page 93 of 1 47l26!2414 8:49 Aiut 113. Repair of light sheet -metal products, miscellaneous small parts, novelties, toys and merchandise 114. Restaurants 115. Safe depository 115. School: Dramatic, gymnastic, handicraft, insurance, painting, real estate, sculpture or stenographic 117. Self-service carwash 118. Self-service laundry or coin -operated dry cleaning establishment 119. Shoe repair store 120. Sign painting shop 121. Sporting goads, hunting and fishing equipment store 122. Stationery store 123. Tailor shop 124. Taxicab stand 125. Taxidermist 126. Tire Store 127. Tool or cutlery sharpening 128. Toy or hobby shop 129. Travel bureau 130. Upholstery shop 131. veterinary hospital 132. Wallpaper :.ales, paper hanging 133. Water, telephone or telegraph distribution installation or electrical receiving or distribution station (within or without a building) -6- 8021 1018 satin Wage 94 of 1 GRM2414 8:49 AM EXHIBI1 "F" 1. Adm4nistrative, clerical, sales or professional offices 2. Apparel (clothing and other products manufactured f6rom texts. l :s ) 3. Assembly of electrical applicances: Radios and phonographs, including the manufacture of small parts only, such as coils, condensers, transformers, crystal holders and the like 4. Banking or financial facilities S. Beverage bottling plant 6. Blacksmith and welding shop or machine sk.op (excluding punch presses over twenty tons rated capacity, and drop hamaiers), foundry casting lightw3ight nonferrous metals not causing noxious fumes or odors 7. Carpet and rug cleaning S. Child care center 9. Distribution plan: 10. Hotel, motel, lodge or inn (collectively referred to as hotel) dnd customary accessory facilities, but not limited to, cocktail lounge, restaurant, gift shop, barber shop, beauty shop and newsstandE (collectively ceferred to as accessory uses), provided such accessory uses are a part of the hotel 11. Ices and cold storage plant 12. Ink mixing and packaging and inked ribbons 13. Laboratories: Photo, medical, dental, research, experimental and testing :14. Laundry, cleaning or dyeing works 15. Manufacture of: a. Cameras and other photographic equipment and supplies b. Dentures and drugs c. Zrewelry 8021 101 014g�AA' ;. d. Leather products: Including shoes and machine belting (excluding tanning) e. Luggage f. Musical instruments g. Orthopedic and medico h. Small paper products i. Plastic products: Bu the raw material j. Precision instruments drafting) k. Silverware, plate and 1. Sporting and athletic m. Toys t 1 supplies not including the processing of (such as optical, med'_cal and sterling equipment 16. Manufacture and assembly of electrical and electronic products 17. Manufacture and packaging of beverage products 18. Manufacture and service of data systems 19. Manufacture, compounding, processing, packaging or treatment of: Bakery goods, candy, cosmetics, dairy products, drugs and pharmaceutical products, perfi=es, soap (cold process only), and food products, except fish or meat products, sauerkraut, vinegar, yeast and the rendering or refining of fats and cils 20. Manufacture, compounding, assembling or treatment of articles of merchandise from the following previously prepared materials: Bone, broom corn, cellphane, canvas, cloth, cork, feathers, felt, fibre, fur, glass, !pair or bristles, horn, leather, paper, plastics or plastic products, precious or semi-precious metals or stones, shell, textiles, tobacco, wax, (paraffin, tallow, etc.), wood (excluding sawmill or planning mill), yarns, paint (not employing a boiling process) 21. Manufacture and maintenance of: Electric and neon signs, billboards, commercial advertising structures and displays, light sheet metal products, including heating or cooling, and ventilating ducts and equipment, cornices, eaves and the like 22. Manufacture of: Glass, pottery or other similar ceramic products (using only previously prepared sand or pulverized clay, and kilns fired only by electricity or gas), concrete or cement products, musical instruments, toys, novelties, rubber or metal stamps 23. Motion picture production and television broadcast studios -2- Vn n 04 AUsw 5902n page 96 of 1 67,28!2014 8:49 Aht 24. Printing, newspaper publishing and binding: Including engraving and photo -engraving 25. Recre-tional facilities 26. Restaurant facilities 27. Soap and detergent (packaging only) 28. Storage building or warehouse 29. Veterinary or cat or dog hospital or kennels 30. Warehousing (not `xcluding dead vehicle storage) 31. Wholesale business and storage -3- page 97 of 1 8021 1021 5902n oz,2&2o,4 eras &M 10 EXHIBIT "G" HOSPITAL AND HEALTH CARE USE Hospital and Haalth Care Use shall mean use of a Parcel or a Lot for a "hospital" or "health care institution" and uses necessary- and incidental thereto. As used herein, "hospital" or "health care institution" shall be an institution for the diagnosis, carat treatment or rehabilitation of two or more unrelated persons suffering from illness, injury or deformity, or for the rendering of obstetrical, surgical or other professional medical care including care rendered in the event of an emergency, on a non-profit or not -for -profit basis, and including the operation of outpatient clinics, medical testing facilities and officer of physicians, staff and other hospital administrators (the "Primary Use"). The services proved by a - "hospital" or "health care institution" shall include the services incidental to the Primary Use, including, but not limited to administrative and other support services; nursing services; surgical services; dietary services; emergency services; disaster preparedness; envirunmental services; medical record services; laboratory services; pharma- ceutical services; rehabilitation services; radiology services; respiratory care services; special care unit; obstetrical services; pediatric services; ambulance service; medical offices; parking lots and/or parking garages; child care facility; dental laboratory; fitness center; medical laboratory; optical. goods manufacturing and sales; orthopedic appliances sale or rental; rental or other distribution of oxygen or other medical equipment; and social services as su::h services are defined in the Arizona Administrative Rules and Regulations promulgated by the Arizona Secretary of State. WGI-25.3 Page 98 of 8021 U21 1022 47l28i2014 8:49 AM A. .16 �. ..._. ., ........ i t'. P.q. il���1 r i � d d L2J� IH �44 a I . 5 ( f�i 9 + (t F11iiSig �!��• z! iE� •E:�DEEEEi! im Imp�i�I IIi, 1:� �i�lllllll� 8021 1023 W u u w 0 z 0 H 9 913 Vi�G D E r °. s ar3 E H �i w 7R ba Page 99 of 1 47,28!2014 8:49 AIM 8091 1024 0 op Ott N Page 100 of I 071282014 8:49 AAA HIKE BOYD, RECORDER PIMA coUNTY, AP I ZONA cER-rIFICATE OF` RECORDING w OAMNAGE & BURNHAM SHER I L JAM I SON 2 N CENTRAL 1 F TH FI_R PHOENIX AZ 8S004 OF PAGES % 009 SEQUENCE1 e911:4397 �tt?CKET+ 08629 PAGE= 0576 RECORD I NG TYPE a AMENDED RESTRICTION ]GRANT0R: RANCHO V I STOSO SRANTEE= RESTRICTION CEO DEPUTY RECORDER 09/ 25/9`7 10: 23100 5> PAk:Ev AT 8.00 3.00 CONVERSI014 FEE. 4) AF"F I DAV I T AT 2.00 EACH .00 0 COPIES AT 1 , v0 EACH • 00 i.) pCSj:4iiE AT 1.00 EACH .00 00 o SEARCHES AT 10.00 EACH • TOTAL 11.00 AMOUNT PAID $ 11.00 .00 2005 REC 4 AMOUNT DUE f ENVELOPE THE ABOVE SPACE F011 F ECUHUERS USE 0NLY TO BE RECORDED AS PART' OF DOCUMENT Lo NOT rETACH CF-r,ilF:CAIE r110fli IOEIC M—ENT c •i When Recorded Return 111a: Jerry A. Fries GammAge & Burnham Two North Central avenue 3.8th Floor Phoenix, Arizona 85004 SECOND AMENDMENT TO RESTNfED DECr:AMMON OF COVENANTS, CONK - --- TIONS, RESTRICTIONS AND EASEMENTS FOR FtMCHO VISTA O, PII4A COUNTY, ARIZONA made this j n Fh day of ,5 7 wrt L't Rom, 1989 (mSecond Mip.nrl- mer.tfr) , by WGI, INC., an Arizona corporation (ODeclarantw) . R E C i T A L, S: A. Declarant is the (,wrier of certain real property located within the Town of Oro Valley, Uinta County, -Arizona located primarily forth of Tangerine Road, west of the Tucson - Florence Iiighway (oracle Road) and east of Rinq Air, Road to be known and developed under th* name "Rancho Vistoso-1 (the "Prop- erty') . B. Declarant prov:.oualy r.1!xec»tnd and caused to be recorded that certain Uec:ldraLat�n aF. Covenants, Condi4. tions, Restriction and Easenent , for' Ralic:ho Vistoso dated September 16, 1986, and recorded on Saptc-In el- 1.7, 3.986 in Docket • 7R71, Pager 1688--3 7'8u, and re -recorded on November 20, 1986 in DouRet 7915, Paths 3221--1379, in the office of the Lima County, Arizona Recorder, which declaration was subsequently restated and replac.ad by that: certain Restated Declaration of Covenants, Coiiditlons; Restrictions and Easeraents for Rancho Vistoso dated April 10, 1987, and recorded on April 24, 1987 in Dockotr 8027., PatIe 925 in the office of the pima County, Arizona Recorder (the "Retnt.a'tad Declaration"), which Rentat:ed Declaration wari. subrjn- queretly amuntied by that certain First Amendment to Resta,tad Declaration of covenants, Conditions, Restrictions and EaE4amc3rLt:s for Rancho Vis .c_-o dated July 11, 1988 and recorded on July 13, 1988 in McXalt4 b327, rage 2059 in the office of the Nina County, Arizona xRec.urder (t va! FIVir: t Amendments) . The Restated Docl.ara- t.ion and the Y lrot" Ainundment are hereinafter ...-eferrad to as the 'IDGr.larat;ion". C. Dcc:U:rar:t winhes to further anend thi; Declaration to ror:^ont: cartaIn .rrors and to adjust DeclaxantOe vatinx rights and ether prevltr icnz rolating t horeto. Amendment waa approved and adopted by the recluisite number of 146'Aber s A N M N A 6 X N T tha pxemiscs, NOVA TRYiREF011B, in consideration of -06clarant horabY amends the Declaration as follows: Section 1.29.2 its hereby amended to read as follows; A Parcel with a Land Use Classification ands which its of School t7se or cliurd Ut:e Hated as E,,mpt Property in'a Recorded dauig appropriate ,eract Declaration or other Recorded instrument. x• The fallowing provision is hereby added as section substations1.29.5. all unmanned utility irhich }provide utility services to and l rh are portior any on of the Covered Property designated ao s Exempt Propc'th in a Recorded ,l.zact Declaration Ot other aPP P Recorded instrument. 3• 'rhe last sentence of section 1.47 is hex=oY deleted in its entirety. amended 4 • The last sentence of, Section 3.6 i:: haraby to read as follnws: hereby shall The casematit reR �i vcamplet� ny o€ con- expir a and terminate uPactivi.ties upon the Gtr.vctiojt and Mabut in no event later than Covered Prop Y 20 yeas after the date this Declaraticn +� recorded. 5• In order d tto oo readrOct fa l3irws�:aphlcal error, Is her. slay amended In t1le case of the Dw"ar of a Non�- Rnf i.danta Pa-0Kl, six (6) votes for ,adch Yty�r in the ca F� ofi frac•t.i.v;lal ?I t acx+� ran . d R�srtt�x rot:nci iiYc� to the nastiest y hole teaybstr�rol. 7 Net 11i.1'a c:cnd;s- p lrr8, 4..• ' j • t�unerci.+�l ru _.....,...• . :hat f.x Bated votes do not excond nix (f,) par. Wet --- Acre . 6. section 1.3.2 Ln hereby; daletOt} In i.ts entirety �— and amended to read as ioliowo: The Clasp D tlembor .311al,i be Uuc:litrant. r t3hall be e.'11titled to three The Class H Me:nila� (3) 'votes for each "lot^ awned by Derlartlnt. For purposes of this 5ect.ion only, and irs order to effectively pursue the d(,vel.opment in of Rancho Vistoso as contemplatCd shallt}st vaster Development Plan, f)eclarant all t.imes be deemed to be the hcnc� i. f f e rof that number of "lots" which equals between: (i) the sum of (a) the nvprall density permitted on the then current Wtstrr. Development Plan, exclusive of any property therein which is not Covered Propes,ty, and (p) the number which is t:he product Of: sir. (6) times the number of Net Acres de::.ianated for commercial use on the then current Master ptivelopment Plan, exc.lusi.ve af° ally p1'oFertY — evelcn which is not covered Prc)PCrtY; and thore(i i) the sun of (a) the number of Tots and Ai>>rtment Units owned by Class A Members not payinga partial Asscl:;swent }3uxsuant to Seatlon Fi.-3, and (b) the number which is the Product of: six (6) times the number of 14-t Acres in t1011•-steuidentfal f'arce3.e.• owned by clat;s A Members not paying a partial hsseas- ment pursuant t:o Set:tior► 8-3- Ar h� of the 1t affective. date of tilt: DecIrtrzition, B Member shall Ioe d^emod te. OWn 16,3",o Subject to the proviaiuns of Section 14.2 below, the C 111133 It licnlc:c,: cn ip yh(I! 1 nut0mli ic�ai 1y cease anti 1)ct conl,��rt ed t:•o a Class A Marlberah ip l:putl t:11c. ilc1ppe;,i.stq of the first. cf t:11e follow'%.lg .:ve:_1ia: (x) t.hc' c1at:.F1 w}tic•h i:> 1:P d,"AY5 a1t-.ex• t:he ttjje v.)te;,I; ofthe elate upon A MUMbEir:l w}1,(:11 t;l•10 tl tentit•,1etl tc) Vote f.q ��ls (.—Joss t:.11c� totill yUt:�.1;: of tlli ::.lu ,:; }t Mt:mber; 0118 (Y) th0 c}:1te lrhic:ll i;; t.lreniY (>o) years a tor. t:h�a cicet:cl t.tsi.{ t�natarat ion is ._. __ f .1 .. nil wilt Ltt })f. c laran t ro 1 1 n'- notifying the class A Maabsrs in writing. 7. The following provision is hereby added as Section 7.7: 7.7 Adjustment in Votes of Class B Member. In the events the ge:nera� p3.an can i mplated }�y the Master Development Plan is not pursued to co:nplet.ion by Declarant, and an affirmative statement of abandonment of any or all parts thereof is Recorded, then the number of °lots^ deemed owned by Declarant for voting ptarposes pursuant to Section 7.3.2 shall be reduced by the number of possible Lots and Parcels attributable to the area so aban- cloned, as determined by the Master DevelolP- to auch meat Plan in effect immediately prior abandonment. i:. The last sentence of section 9.1.2 is hereby amended to real as follows. t7ot:withatanding any t,the:r provision of -this Declaration to the contrary, as to any portion of the covered Property owned by Declarant, Declarant shall be subject to AssOSSMOnts Only on thoue portions on which a Tract Declaration, subdivision plat or condo- minium declaration is recorded, in which case r)cclarant: shall be obligated to Pay only twenty-five percent (25%) of the Assessments which would otherwise: be payable with respect to each or Parcel therein contained, until either an occupied dwelling unit or cc,nmorcial building shall be situated on such Lot of Parc:al, provided that during any period when urclarant. .1:; pitying no Assess- mentq or reduced Asses3_mionts l)ux i-uant to thi.e ontence, Declarant: ch.113 contribute to the Association :•uch funds cis n:ay be requiredrom time to ,tiple to mG(:t: ai'ty budgot: d0f icit whi cri rosults i s'0:p r)�'c:.l�t,: ltlt h-av6W p7 %W no Assessments or Ye:dU Ul - - nts C-1. tma first ;-• c�C_.nc:O cof 3"tion 3.4 . i i s hereby � amondod to reild as fo1.t:3w:3 t)eclarant. it c4 ►sole i.nt:iat:ion, itt axsy tima and t, i �_c.:zt1., t:.lt�,rt��.,�.. r� A �x�:ttt the or each of them May has the extend: they Property, involved with the covered prop determined that the annestatian is in accar� dand wJto the written Dconsent aof tile nt n owner. Ofthsubject portions to be annexed, if Of thy► p.�rtiors or ethos' than Declarant) dment shall 10. All capitalized for termsuch Corns this he nDeolaration slave tha meaning spt forth unlese otherwise defined herein' anended herein, all terms 11. Except as specifically and provisions of the Dec a�ration shall remain !n full farce and affect. I►: ;;ITWESS WHEREO-p, peclarant has executed this Second - ---' laration as of the date f irat abv aa Written. Amendment to Dec ation WGI, III ar} Arizonaaarper BY. --►z ` -•--------— STATE OF ARIZONA ; Gu. county of Maricopa ) neWledged before me The foregaing t11gt*ru1Aent was ack } ?939, by1d"iarat%n, this �� day of r 5 . c_�.� INC., an Ar zona sell in behalf Gf the razp+�x tiior,. 1 �, -� ._..f NoLary Pubt c my commission vxpiiHa: Gr�Nsgtd'r AND ApjPR OF LENDER The undersigned lender is the beneficiary of that. made by certain De3e�i cal: Trust. and Assignment of Rents, WG1 ) , ' 1101fswinkel Grc►up, Inc., an Arizona corporation (" " a.; Trustbr, kecordied on October 30, 19S7 in Docket 8152, Page 213C1, of t2:e a; ficial. records of i'ima County, Arizona, as amended on I�OVP.Ti;23e;" 2, iS)87, by an amendment recorded on November 8, 1987 in Docket 815�, page 1827, of the official records o: Pima Cotu'ity, , and as ai:;ended an t;ay ► laaa by an amendment recorded Arizona on September 19, ].98a in Docket 8374, Page J.553 of the official records of Pima County, Arizona, (e ollect:ively referred to as the record Deed of T: u:at") . The :kndersi.yned lender is also the HFirs of Rents ,`.inry of that certtin Deed of Trust and Assignment: u wGi a:; trustor, recorded on 198�, dated March 9, made by a 199G, in the . rec:ards of the ;��arch 10, 1989 in Docket 8491,�Pa; that certain First Amendment Pima cnurty Recorder, as amended try dated March 17, 19s9, recorded on March 7.1, 1989 to Deed of Trusta 199, in the records o£ the Pima County in Docket f349L�, Page Recorder. (collectively referred to as the "Second Deed o d of Trust and the second Deed of Trust Trust"). The First Dee are collectively referred to herein as the �'De�na t1ie1' Second Deed First Deed of Trust con ,tctutcs a� first `son the lion,and described in of Trust constitutes a second lie-nr d.ersigncd lender, for the Deeds of Trust (the "Property„The un ), hereby ors and on behalf of itself yes site 1fdrF9ainSts sgSF4anadAr ndment to the consei%Ls to and aPP' Declaration (the "second Amend .% ent'�) , and agree" that its Liens ec; all rights which it may, haVu with re,pect t:o the PrOPGrhe are Uub'ject and subordinate to the Declaration that tnir amendedas by and — Second Amendment, provided, however., of tile cr_'e^:atcel or arising pfitute a s ui ordi nation of the lions approval :�haL1 not consturuant Deeds of Trust to any lien or cha�rye' to the terms of thEA foregoing ,)0crjnd Amendment. �).,"I day of '��i•,l.tt•: f_M ► 19t�9. DATED as of this .. .--_-- 1,114C OL1J ntNyJjiGS AND 1,01%N A: SrJCTA'- Tl'ON, a C<tii3for.nia state chartered savings and loan as;;0cI.)ti0n it :j " „, r STATE OP ARIZONA ; sa. county of Maricopa y Consent and Appx Val of Lander ways The fozegQitlgt r d of d t.i' , 19991 by aoknoaiadga before me thi the�L='t + a 5 i-farn a eta o L ncc n day g1nd31 Lesscciatfan.� Un+ chartered saving xN WITNESS WHEREOF, t hereunto set my hand and official seal - -- Notary c my commission Expires: C4fiSENT ANO APPROI-YAL OF "JE`fiF. Bp ADKI IS` RATl•ON reaentative Of the Veterans Th6 urldersigned rep roves of the farag g 4ollaents to turd approves Pursuant to Administration hereby trio Ueelaration as required S&Cond Azcandmerlt to Section 1.6.11 of the 0801 ar�.t''onVetorans AftiniatratiOn It : � ."�-- STATE OF ARIZONA County of Maricopa } The foregoing Consent and. Approval was acknowledged 3•Lm McGsttigan , 1�8�, byWore me this 7tn day of _Auk t --' .._ a } � f with the voj;erans h Administration. EOF, I here�Yl��to set my hand and official IN 'AITNE.''aS WHER r 'J seal.*Emil l� �j .e.r�C��aC� CAitOL HI�SBARD - "-ldot3ry Public- Z,y Colamis&ion Expires: Auguat 13., 1991 0 • F. ANN ROORXGLEZo RECORDER DOCKETS RECORDED BY a JED It AEPLA Y RECORDER NO. OF PAGES* 2w312 RD10 SEOUENC EN TFATI FIRST AAWA ICAN TITLE. ARSTRT 1880 E RIVER RD PICKUP TUCSON AZ 85718 P44"4T PAID .ARA3= OF OF THIS THIRD MENDMENT TO RESTATED DECLARMON OF COVENANTS, CONDDTIONS, REST UCTDONS AND EA$FN[ENTS FOR RANCHO VIST080 (CERTIFICATE OF AMFMM JM (this "Third Amendment") is made this 21st dap of Mar* 1995, by Vistoso Community Association, an Arizona nonprofit corporation (the 'Association"). A. The Declaration of Covenants, Conditions, Rutrictions and F,asements for Rancho Vistoso, dated September 16,1986, was recorded Sepiembor 17, INS at Docket 7871, page 1688, and mrseorded November 20, 19M at Docket 7915, page 1281, in the Of ee of the Pima County Recorder (the TCH'), which declaration was wbsequeatly restated and replaced by that certain Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vutoso, dated April 10,1987 and recorded April 24,1987 at Docket 8021, page 925, in the PCR (the 'Restated Declaration*), which Restated Declaration was subsequently amended by that certain First Amendment to Restated Declaration of Covenants, Condition, Restrictions and Easements for Rancho Vutoso, dated July 11,1988 and recorded J* 13,1968 at Docket 8527, page 2059, in the PCR (the 'First Amendment") and amended by that certain Second Amendment to Restated Declaration of Covenants, Condition, Restrictions and Easements for Rancho Vistoso, dated September 19, 1989 and recorded September 25,1989 at Docket 8629, pas 577, in the PCR (the 'Second Amendment'). The Restated Declaration, as amended by the First Amendment and tha Second Amendment, is hereinafter referred to collectively as the meclaratioa'. B. Vistoso Partners, L.L.C., an Arizona limited liability company ("Declarant") is the holder of the Declarant's rights is the Declaration pursuant to that certain BankrupCe Trustee's Assignment of Deelarant's and Other Rights, dated February 24,1994 and recorded February 25,1994, at Docket 9787, page 1160, in the PCR. C. The Association desires authority to grant to each Owner of a Dominant Lot (as defined below) an exclusive use and benefit easement for the 10037 1540 6 93064773 05/05/95 15#56000 $ 10.00 10037 154.0 a applicable abutting Eae went Area (an defined below), under the terms and conditions of this Third Amendment. D. The Association wishes to perwit Declarant to de-antm from the Covered Property any portion or portions thereof, under the terms and conditions of this Third Amendment. E. Pursuant to Section 13.2 of the Declaration, the Association hereby certifies that a meeting and election were duly called and Owners casting at iaast 75% of the votes then entitled to be cast at the election voted affirmatively for the adoption of this Third Amendment. as follows: follows: NOW, 'TUMMFORE, the Association hereby amends the Declaration 1. A new Section 3.7 is hereby added to the Declaration as Ezclusin Ilee and 13ersefit Ftamank. On certain Common Areas, dividing walla may be constructed within the Common Area at varying distances from the a%acent Lot lino. Portions of the Common Areas may he located on the Lot side of any such dividing wall (each, an "Easement Area). Each Erxe=at Area will adjoin and be contiguous to a Lot WrJ4 a 'Dominant Lot'). The Association may, in its sole discretion, at any time and five time to time, grant to the Owner of a Dominant Lot and Record a perpetual exclusive use and benefit emement over the Easement Area abutting that Dominant Lot for the use, benefit and enjgment of that Owner (aach, an %asement"). Each FAsement is of wbv* upon Rsoarcyng and without the coneent of the Owner of the Dominant Lot. Each Easement runs with the land and is appurtenant to the abutting Domnant Lot and may not be : ,1d, transferral or otherwise conveyed sq art ther4rom. The Easements are limited to the extent that no stnicturre or improvement of any nature may be placed. maintained or permitted to remain in mW Easement Area The Association will have no possession or control of the Easement Areas, except that the Association will huvp the right of ingress and egress for the sole purpose of any maintenance and rep&ir obligations the Association may have wit'± respect to the dividing wall. Each Easement Area must be possessed, controlled, maintained add insured by the Owner of the abutting Dominant Lot and not by the Association. Any separate insurance maintained by the Association is excess and non. contrilmitory. Each Owner of a Dominant Lot shall indemnify, protect, defend and hold harmless the Association for, from and s,onst any and all losses, costs, claims, actions, damages, expenses and liabilities of any kind whatsoever arising hvm or in connection with the Eawment Area abutting that Owner's Dominant Lot. 10 2. A now Section 14.4 it hereby added to the duration as follows: De-Annexation_of Covered PMM. Deelarsrst may, in its sole discretion, at any tima and from time to time up to the date which is twenty (20) years after the date this Declaration is Recorded, de -annex from the Covered Property any portion or portions thereof (ste5ject to the written conr eat of the owner of the portion or portions to be de - annexed, if other than Declarant). To affect such de -annexation, Declarant shall execute and Record a Declaration of De -Annexation setting forth the legal description of the portion or portions of the Covered Property to be de -annexed. Recording such Declaration of De -Annexation shall constitute and effectuate the de -annexation of the applicable portion or portions of the Covered Property described therein, and such property and the Owners and Occupants thereof shall no longer be subject to this Declaration or the jurisdiction of the Association. Notwithstanding the preceding sentence, except as otherwise provided in the applicable Declaration of De -.annexation, de - annexation of any portion or portions of the Covered Property wi?1 not be effective until the Owner of the property :o be de -annexed has paid all unpaid Assessments applicable to such property, pro^ated to the date of de --annexation. 3. A new sentence is hereby added to the er d of Section 16.11 of the Declaration as follows: With respect to any action required by this Declaration to be approved by the FHA or the VA, the proposed action may be submitted to the Fith or the VA for approval, and if the agency whose approval is requested dces not approve or disapprove the proposed action by written notice to the Association, the Declarant or other Perron requesting approval within fifteen (15) days after delivery to that agency of the request for approval, the proposed •.- ion in question will be deemed approved by that agency." 4. All terms used in this Third Amendment, unless otherwise defined herein, have the meaning ascribed to them in the Declaration. 5. Except as specificaliy provided herein, all terms, conditions, env anants and rights contained in the Declaration remain in full force and effect. IN WITNESS WHEREOF, the Association lips executed this Third ,A—uendment as of the date first written above. VISTOSO COMMUNP rY ASSOCIATION, an Arizo onprrfit .orporation sy _ 1'- Its• 3 APJWn4s 10037 1542 u STATE OF AR ZOMA ) Guunty of 21 m icopa ) . T a foregoing ant was SC cr+aledg�si are we this �� 4 day of r IMI by "01 the y sac .__.._w__.___ of Vsioao Community Amot"on, an Ancona nonprofit corporation, an behalf of the corporation. rlotaiy Public My t-imminion aspires •/ KAY S. ETHERIDGE NOTAW Pl/itLbC •,RWONA MAR!COPA COUNTY i,7 .. `.:�1: t1tl1.i1' 111`1t'�l1u.L4s�]il7rtlll'�L L•! u AR A9D46 10037 �543 in Veterans AdmiWotration hereby vitme 1te to and approv" the foregoing Third Amandm+ent. VMRANS ADM MTRAMON By�--- STATE OF A.RIZONA ? County of Maricopa ) The foregoing imitrumont was acknowledged before me this ±say behalf of the VETERANS ADAIINISTRATION. 1.lotary Public, My commission expires: 1„�.Nr.+vwraar�vw•oiY c, �ALp�•,► 0 KEI,;.Y al�Fi�(VS�N Norary 04 Ge • Slats U llrao^a i M / N{AR, PA rpt}KiY f l i�1i Comm Upirss Wo+r. t1 t9ttFi i - d•�r�+�+�"'1''"''�`wrrra�w.o�v�rre^"ai 5 10037 t544 CONSENT TO THIRD AMENDNW14T The Federal Housing Administration hereby consents to and approves the foregoing Third Amendment. Its STATE OF ARIZONA ) 1 a- W. County of Maricopa ) The foregoing instrument was acknowledged before me this day + of 1895, by CsON' lyn,117Aau behalf Of tW FEDERAL HOUSING ADMEMTRAT:UN. Notary Public My commission expires: MY COMMISSION EXPIRES 212H%9l.• 6 10037 1545 ARMD46 F. Alai RODRIGUEZ, RECORDER DOCKET: 11565 RECORDED BY: KSO °i PAGE: 1377 DEPUTY RECORDER �`5' teI NO. OF PAGES: 2 9383 R00C SEQUENCE_ 20011100460 W 06/07/2001 VISTOSO COMMUNITY ASSOCTATION J.j r dttt' ARSTRT 12:49 180 W MAGEE STE 134 TUCSON AZ 85704 M L AMOUNT PAID $ 25.00 ra LeW1=Y1 9emme�-Res6urces, Inc. - - 180 W. Magee, Suite 134 Tucson, AZ 85704 FOURTH AMENDMENT TO RESTATED DECLARATION OF COVENANTS CONDITIONS RESTRICTIONS AND EASEMENTS FOR RANCHO VISTOSO CERTUTCA,TE OF AMENDMENT THIS FOURTH AMENDMENT TO RFSTA ED DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS FOR RANCHO VISTOSO (CERTIFICATE OF AMENDMENT (this "Fourth Amendment") is made this 264 day of March, 2001, by Vistoso Community Association, an Arizona non-profit corporation (the "Association"). RECITALS: A. The Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso, dated September 16, 1986, was recorded September 17, 1986 at Docket 7871, page 1688, and re -recorded November 20, 1986 at Docket 7915, page 1281, in the Office of the Pima County Recorder (the "PCR"), which declaration was subsequently restated and replaced by that certain Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso, dated April 10, 1987 and recorded April 24, 1987 at Docket 8021, page 925, in the PCR (the "Restated Declaration"), which Restated Declaration was subsequently amended by that certain First Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso, dated July 11, 1988 and recorded July 13, 1988 at Docket 8327, page 2059, in the PCR (the "First Amendment") and amended by that certain Second Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso, dated September 19, 1989 and recorded September 25, 1989 at Docket 8629, page 577, in the PCR (the "Second Amendment") and amended by that certain Third Amendment to Restated Declaration of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso dated March 21, 1995 and recorded on May 5, 1995 at Docket 10637, page 1540, in the PCR (the "Third Amendment"). The Restated Declaration, as amended by the First Amendment, the Second Amendment and the Third Amendment, is hereinafter referred to collectively as the "Declaration". B. Vistoso Partners, LLC, an Arizona limited Iiability company ("DecIarant") is the holder of the Declarant's rights under the Declaration pursuant to that certain Bankruptcy Trustee's Assignment of Deelarant's and Other Rights, dated February 24, 1994 and recorded February 25, 1994, at Docket 9739, page 1160, in the PCR. C. Pursuant to Section 13.2 of the Declaration, the Association hereby certifies that a meeting and election were duly called and Owners casting at least 75% of the votes then entitled to be cast at the election voted aFFirmatively for the adoption of this Fourth Amendment i 3 s; 9 AMENDMENT: NOW, THEREFORE, the Association hereby amends the Declaration as follows: CC&Rs Article 5.2.5 - SIGNS (Amended to address political signs) ADD a new item to Article 5.2.5 - (d), i, ti, iii, iv, as follows: (d) Political signs, in support or opposition to election candidates, or in support or opposition to regulatory propositions of a local, state or Federal nature; such political signs: (i) shall not exceed a face area of two (2) feet by two (2) feet and the top of such sign shall not be more than four (4) feet above grade; (ii) placed on any Lot or Parcel, must be placed at least five (5) feet inside the property line and must face the street where the Lot or Parcel is accessed (by vehicles — driveway); (iii) shall not be illuminated in any way; (iv) can be placed thirty (30) days in advance of the election day and must be removed within ten (10) days after the date on which the election is held. D. All terms used in this Fourth Amendment, runless otherwise defined herein, have the meaning ascribed to them in the Declaration. E. Except as specifically provided herein, all terms, conditions, covenants and rights contained in the Declaration remain in full force and effect. IN WITNESS WHEREOF, the Association has executed this Fourth Amendment as of the date first written above. VISTOSO COMMUNITY ASOCIATON An Art bn rnonprofit corporation Richar Maes Its STATE OF ARIZONA ) ) ss. County of Pima ) The foregoin inshumcnt was acknowledged before this day of 2001, by / �P o /�_A gam, the of Vistoso ommunity Association, an Arizona nonprofit corporation, on behalf of the corporation. Notary Public My commission expires_ 0,71CIAL SEAL ALBERTALEWIS _ NOTARYPUBLIC Fin. a Co., A mora 14 Ccsxr.. Exp. Juy 1, 2002 1 2 DO NOT DETACH CERTIFICATE FROM DOCUMENT is i .�. r-•►:IR!'I * �AINTiI i �'tl'I In r.Ir..%K p i MA CI-ALIN 'r AR i ZI_Irva i- FA i" I F i I_A F F I.Ij~ RECORi' f A,I> _,r.. Ir lil_r: .i � l4`f=: jl�j:_• a=i: I�N:1 `:.F i'ral..�: =SLr. 'i�l.l'1-r;iilVr: TY�G2 AMiNLlrii TIi'IN . •A Nam•. I I In . 'ti �.M1 ! j � F� 1 .:1- T 1 •T h�v�CC•-.'!'';�fi 1'_.i 11 lit ('=• I I c k i 4'eF 615 - 795- 12117 5r[! 1 ti Ifa i r- ti r i . t.u7 �C,I.i. .Oo " r 1 F1 r_: I"AI•C A f I . 00 F..r- -.H . uo i 0TAi 22. 00 l I. 11 REC4 AMOUNT DUE i s THE ABOVE SPACE FOR RECORDERS USE ONLY TO BE RECORDED AS PART OF DOCUMENT IV/ I oak- � OF ARC 8151 254§aye i o OT28i2014 8:52 When recorded, return to: ge & Burnham North Central Avenue 18th oor Phu . Arizona 85004 Attentioil\ Thomas J McDonald. Esq. SUPPLE2�NTAL DECLARATION OF COVENANTS, CONDITIONS, RESTR=CTIONS AND EASEMENTS FOR RANGIiO ViSTOSO, PIMA COUNTY, ARIZONA A) The undersigned Declarant, WOLFSWINKEL GROUP, INC., an Arizona corporation, has recorded a certain Restated Declaration. of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso dated April 10. 1987 recorded at Book 8021, Pages 925 through 1024, on April 24, 1987. B) Declarant desires to subject odditional property to the Faster Declaration in accordance with Ccc :ion 14.2 of the Master Declaration. C) NOW THEREFORE, Declarant hereby subjects the property described on Exhibit "A" hereto to the Master Declaration. The Covered Property, as defined in the Master Declaration, shall include the property described on Exhibit "A" hereto and such property shall be fully subject to all of the provisions of the Master Declaration. 'J- 8151 2�49 Page 2 of 'd 07/28!2014 8:52 AM I" WITATESS WHEREOF, the undersigned has executed this instrument as of October 29, 1987. WOLFSWIMM GROUP, INC., an Arizona corporation By Itsy STATE OF ARIZONA ) ss County of Maricopa ) y�he foregoing ns7tumant was acknowledged before me th' 70 day of 1987 by i'4 of V— WOLFSWI GRO , INC.-, an Ar'-zona corporation, on behallf of the corporation. Q ary P rc My commission expires: * C=dss m bins Smt. 2, JW 8151 2550 Page 3 of ' 47l28!2414 8:52 AM Otbober 26. 1987 WW No. lases6_10T-C2 Misr. 1�a- P•+.`� ill5it7S0 L: zr,BMWoo lc PARM T T'Nat portion of Section 26, Townshfp 11 South. Range 13 East. G. 4 S.R.B. a h-• Piaa County. Arizona, destribed zs follows: 9�CIN6 at, the 00 thmest Corer of the said Section 26; THEIM N 00 fit, eeE. distance of 940.U0 along the *rtn line of the said Section 26. z t THENCE S W*J0'76' E, 1,210.00 feet to a point of curvature of a targent curve, concave to the Northeast; 7HEWX Southeasterly, along the arc of said curve, to the left, hiving a radius of 815.00 feet and a central 4419ie of 075/30/000 for an arc distance of 1.073.94 feet to a point of targencp; THENCE S 750401116" E. 170.(yJ feet to the POINT OF BESIM116; TK)M S 75`40116" E. 257.32 feet to a poi-nt of curvature of a tangent curve-, concave to the South; THENCEEasterly, radios of 2,360.00 along the arc of said cm -ye. to the right, having a feet ano a central angle of 0T4°00'00" far an arc dis�n� of 576.66 feet to a point of tangency; THENCE S 61'40'16" E, 265.32 fee,.; THENCE S 28919' 44" M, 360.00 fleet. THENCE S f48049144` w, 530.00 feet; THENCE N 67057/450 it, 35f3.00 feet► TMCE X 18025'38" if, 505.00 feet; THENCE N 14019144" E, 390.co feet to the POIYt OF BEGIMUNG. Contain;ng 15.898 acres. More or less. Prepared by: THE Wd Cmm Kenneth 0'. Z nn, R.L.S. 8151 2551 �4of 07.'2&2Q14 6:52 A %&UNAtr C-' . , Mi MA ro. T8S0%-10]-82 DRUM aC M6 RNrICt� VIST050 K19800mcm 11 PARCEL M That pOrt:oa of Section 23. T*OshiV' 11 South. S n., ; may, Arizona, describer as follo : 13 East G. i S.R.B. COMM MTNS at the Southeast corner of the said Section Z3; THENCE N 00 ?0'l8' V AT' -Mg the East li+e of the said Sett% -a 23. a distance of T.694.82 fat; THENCE s< 46.40'16' 9, 243.S3 fat to 3 point of C.1atuM of a tar curve, cOn=vQ to the Southwnt; gen t T'CMCE RorthwSterlY, along the arc of said curve. tc -tie left. having a radius of 1.219.00 feet and a certral angle of 027'39'Oe• Of 580.76 feet to a point of tangency; for an arc etstance THENCE R 746'.G'16' Y. 386.30 feet to a point Of curratrre of a curve. concave to the North; tangent radius ENM ibsterlhetl� a e arc Stja Cur - to the rfght. having a Of 197.87 fee. to the POINT OF BEGINNING; a 005,33'27` far an are distance 'HENCE NOrthresterly, atom: the arc Of _aid curve, to the right. baring f a radius of 2-040.00 fat and s r atraT angle of 011'56'33' for an arc disurto o425.21 feet to a point of tanrqcy; TWICE cooc v 8to ttw6` iu. 491.11 feet to a point of curvature of a tangent torte► CanCare to the Southwest; THENCE NOrthkVSterly, along the arc of said Curve. to the left, having a radfus of 1.060.00 feet and a central angle of 02l•38'24" far an are disten�� Of 400.35 fe?t to a non -tangent line; THEME S 231,14,266 E. 823.17 feet; THENCE S 0OW 00" E. 705.00 feet; THME S 39.33100.1 E...70.00 feet; THENCE N 37'28'CO" E 670.00 feet; THENCE N 05.491000 Y. 600.00 feet; k�$j �rnrq Page 5 of 20 07/28!2014 &:.viz M Page 6 of 20 67l28!2014 6:52 M K 87 February 12. 19 EMUn a, WLB ib. ,.aSmO-101-W Revised October 2g, 1! TMt S.R.S. portion Pim Of Sections Aries. described as fgi old&,,' 14 East, G. i I at the Soot p� (S 7,r4j tome,- of the said Section 29; M NCE S 0'40'3V E, along the South line of the said Section 29, a distance of e' 9); feet to M.S. liig#py t'* Mest right-c f-%W line of Oracle Road T1#'NCE N 00*41'S9' E. 41=9 the said right-of-rsy line, a distance of 68b.90 feet to the South rigfntrof-my tine of Ranciso Yistoso Bbaitwrd recorded is DOGIet 7M at Page 14S6. Pfeaf County. Arizona; Aecor'der's Office, Pion 453.83T f� X 89018 nt of-curr0t� of id right -of -my line. a �distafte of tangent surwe, concave to the Mortb; T1hM Yesterly, aloeg the said right -oft -joy line, along the arc of said cur, totheright, having a radius of 1,573.00 feet and a central srgl_ of 17'24 4V for an arc dista oftMIMING; of 479.99 feet to the PAIR QP T1hM 11ortbwsterly, along the said right -of -ray 1fne, along the arc of said curvc. to tine rigb,. having a radius of 1,575.00 feet and a central 8109te of 21"21'74" for an arc distance of 597.00 feet to a ma -tangent line; THVICE S 39.301'S3" V, 1,16O.OQ feet; T1M S 50°29'07" E. 224.92 feet to a point of curvature of a tangent curve, cowave to the Southwest; THENCE Southeasterly. 81009 the arc of said curve, to the right, a radius of 840.00 Beet and a of 378.90 feet to a non-ta... fne; aeatral anglSQ e of 025''4O• for, arc T TW-KE R 80.30' 53" E. 6W.48 feet; T"On N 03.4S'TS" E. 230.00 feet T1OU 1143028'59' E. 253.47 feet to a point an the 11rc Of a non -tangent curve. cmuft to the East, a radial Tine Of said curve having a Waring of S 73014'78" M; said point Page 7 t 07.28.2014 8:52 Ckt0w V. no WS 13. 1-85 EMIM *A!* NEIi1lo MOM 2 FAML 9 That por:ios Of Section M TwAnkie II South. Range It Ent, a. a ff-, "614 Coosty, Ar-izca, described as foilaAa: 29; "ilisr at tie Sawth One-QaMer (g 1/4) r-'O- m of the said Section d'istasr_ of S 894 feet to along g� South 1i,w of th* said Section 29. a gist -of -gray list of U.S. R Owy 89; TEE ■ 00041`59- F. along tie said, right-of-wy line, a distaste of 835.90 'feet to the Nortk right -of -my live of Lvxso vistosa Boulemd. recorded is Dochrt 7M at Page 14%; 11N3i:E N VD18'01" Y, along the said right-af-ray 1 ift a jdistaste of 49.83 fxt to a point of tern: tore of a tmq mt cm we cantsye to the NortAent; said TMM Nw thnestts-ly. aimq the said right -of -ray list , 81=9 the m of creme, to the riot, having a radios of 1,425.0t1 feet and a amtrat angle of '25* for as arc distance ,of 1,701.78 felt to a point of tangency; '"MM N 2O052'33' W. along tit said right-af-wy lIS&. a distance of 6W-35 feet to the POINTi0F MINNINC; 'NO" N 2Oo5Z'33• Y. along the said right-ofkr line, a distant= of 99 69,fist to a point of cVrvatsrt of a tsngest Oww coscaon to the Soothmrest; said TREMM Nfott� terly, along the said right-of-wy line, along the art of of 0WIS'00• for an arc dicta ce of 758.2s feet to a pooiinttoofatas l aTHM te !,Z?4 N � �g'�jatSafacar�irat.pre of ithl said ��-�� lisle, a distant! of Sost�est; Po t cww ooacsc+e to fire 1I0" awthimtorly, alesg the said ri�it of-wy fine, along tit arc of said cww, to tine left, laying a radios of 5.560.37 fast and a cdetral of 0O1032'2r for an arc dfstasce of 149.36 feet to the a�gl�t Sattieasterly lisp of that•Parctl recorded in DwW 7761 at page I523; 8 151 zntage 9 0 67/28f3414 6:52 0 F OBL-id u �S Z Isis G a SAL ss�I -0 asaa 'UAW f2*-SE ficluMM3 = 30 macro an C3 IMI OQ-SZi '!! .a'alow S 3mm $P ,-Aw as Jai •�O.QOo£90 #s aL&a 3c ?eted a a; 3aa# r bs}w 6W ai13 in 'airs Din i P W 7aa; od,NS #o SAIMA #o 2r a n 6 GLr ,(tA8 s- qws 33t3tiv 0 OMITAJu 3° Iotod a o3 la:►# 00-009-4 LZ LOo90 S 33KmI W-VMIP an we jai'13SAWI JS totod a of 3aa3 If-2VZ 3a s >6e}w�eg '74si i�or'1 jo 0`6" ItAzm a pee Vm# 00*09S is smtptj Peas 3o 360 aft 6rolr ' LJagV S 33 MI Iriad P}rs qEmomIt aLmo ples 0 ant l tr 011900% #1 #o ENtAM s EU I"bM-ww s Is 2M aft ■o trod r at Isa# So-28! 43 .9Z, jo" S 33M, = W; 00'S0I `I '3 AR, ISo21t S 33N3HI = 3 So'"* #a awislp ! 'a" I Pies M bwtw -3 J3,SFal9S • 33M Lm SD-IOf-SSp�I -a/ 87! . zm 5AZ Ampm� - CPS Offer Z7. 1W C�fbfL IWO I&; W. 1 -0S Tbat por"" of Sectioms 20 and 29. Ta mship ii S.R.S. ; ! South- I 9e East. G. iPL. Pfaa County, Arizona. described as follows: C08EXIIF at the tortb�est corner of the �*�1 Umas't �-Qna=� (SE 114) Of the said Section 20, being an angle point is ta-I Fast line of that Parcel re6-*rded in Docket 7761 at Page 152S; CF S 17''O0'OV ii, along the Said East Tine. a distance of 0$.56 feet to a Point of curvature of a tangent CetM, ariCatre to the ■0rtf>w1e3L; TIEMM Sarthrester-y, aTocg the said East T iue, alaR+g the arc of said curve. to the right, having a radius of 2,500.00 feet and # centralaegie Of 026030'OV for an arc distance of I.M.B feet to a Point of tanpoz r; feetTHMe pd� OF SMI1�UM; �' Said Fast lire, a distance of 631.90 feet. S 43.30'00" Y, along the said Fast line, a distanca of 1,ZT0.00 THM S 42'Si';'8" E. 1,105.00 feet: tune. co""ve toitthe Southeast 4 "dial lif;of soi � of s " said Point h4viNg a bearing of N 56'06'l0' il; thnotrgh said TH E Mbrtheasteriy, along the are of said curve, to thp a radius o: 500.00 feet sad a central i+gT! of 062•l3'37" for a,gbt, eha of $43.03 Met to a point of tangency,; TTIEIU S 83052*33" E. 50.00 feet; TW'CE N 06'07'27" E, 1•',0.44 feet to a point of aavatum of a tan"mt cmW9 tantare to the Southeast; THM a radi Nor heasterly,along talon of maid curve, to the right, h�{g �,. ie of 037•n•�" for as arc distawce of 326.17 feet *1 s Point of tang tKXf N 43—AIOV E, 118.59 feet; 'ONCE N 46'30'04" Y, 1,525.00 fett to the PMXT OF KCIMUN6. 8,�51 Zy58 Page 11 c 07;262010 8:52 A �z 27, I967 WB lb. Yesmo-401-a ' Pa+rej E t'rertaini•g 45-189 arr!s, ware or ?e". PrWared by: GAMW i f 25!;,g Page 12 az:ze-�o�a a::�• •a•Octobw . 27 19Q7 KB lb- I-401-05 Rum YLUM NEIGEORM 2 FMM E That I Piaa -'o T, Ariof iPlSOMM, Ramp 14 East, mna, des•ribedasfollows: 6_ i S.R.B. i 29; C�Ettii at the Soots One-�aer (S i/4) coAer of the Said Section " TMM S a9049"30• 1. along the Soso line 29 of the said Section , a distance of 453.43 feat to tie Yost right_of-wO lice of U.S. Bison 2 7"M N 00041'590 E, alag the said rigbt-of-%W line; a distaecs of 83S.90 feet to the Pest right-of-wo line of Ruche Vistnsa &Olerird, recorded in Docket 786Q at Page 14%; 7HEI E R 89018'01• Y, along the said right-of-wayiiee, a distam of 453.E feet to a print bf cornator,e of a tangent e+rrre coAtswr to the Moetbeast; said carte.. N westerly a7� the said ri9bt-oaf-W line along the ire of angle of 062029151, for inn art distance of 1,3a radius of 54 37 net to the yonly, OF 1 BEGINNING; 7 10" Nwrthwnterly, along the said right-of-yay, along the arc of said crarve, to t1* right,'hariay a raditrs of 1 42S.00 fee! and a testral 006053'37• for an arc distance of 147.41 fa#t to a Pointqf tango ty�le °f N 2OV'330 Y, along the said right -of feet; _way, a distaste of 686.35 Iffit N 0%7'Z.7• E. 125.00 feet to a point to cucoOf ae:,►at�rre of a tarpest re stare the Northwest; TiiflftF lwtheasterly along the arc of said come, to the left, 1,.jng a radial of 580.00 feet and a centrai U97e of 063000'n0• for an we distaste ,of 637.74 feet to a vloint of t&%gency; 7"M N 06007'270 E, 680.00 feet ;o a point of cwvxtare of a tangent term coacatte to tht East; TNEWE NortUerly along the sr¢ of said cm es, to the ri radius of 500.00 feet and a tWr&7 al,gle of r-,23• for � � e of 242.37 feet to a noe-tangewt lice; 8i51 2�gp Page 13 GMW2014 8:52 October 27. 1987 ISMI-01-45 Ma S 48a22'36- E. 514.24 feet: 78MM S W'044'04' if, 843.11 feet to a point of aomatuM of a tWgWt ta"--.: croocsWe to UP Dort i=t; 71WKE SouthlasterlY along the arc of said twee, to the left. having a radius of 233.00 feet and a central mgle of OSM'15" for an are distance of 281.11 feet to a point of tagency; 71i#CE S 6048'110 E. 150.00 feet to a point of cmm true of a tang"t carve COMM to the Syathmest; VICE fly along the arc of said came. to the right, having a radius'Of 200.00 fleet and a central angle of 0340WOODO for an am distum of 11S.68 feet to a point of tangency: THM S 2P#S' 11- E, 140. W feet; 7H MCE S 63u1I'49- Y. 1,122.99 feet to the POINT . OF BE6IlNIll6; Uataining 29.418 Acres, more or less. Prepwed by: THE Gun Ian eth Zi R.L.S. 8151 2561 Page 14 07128!241 a 8:5: OctGbw 27. 19V W-5lb- M850-40-65 RAMWWS7m ==":D 2 aAPCEL C That port;oa of Section 291 Tm=hiP 11 Smm'?. Range 14 East, G. s S_R.B. S K.a Pima CaWty, Rri70 0, described as fo?;ows: SediaA 29; i» st the South Onz-Quarter (S 1/4) Corner of the said MUZE y 84'4a'3V E, rlorg the South tine of the said Section 29, a Idis„ance of 453.43 feet to the i.rest f.irt t-Cr-Wy )ire of ji.5. wsa f 89; Th"M 9 W41'59" E. along the seid right -of -ray line, a distance of 1.492.39 feet to an angle point; 74.45 to the 00'42'40'Poin E.-almn+thessaid right-of-way line, a distance of Kfilm THM X 00'4240" E. along the said right-of-way line, a distance of 2.M.35 feet fo an angle point; TFIENL_' N 01 W'S8• E, along the said right -of -may line. a distance of 130.00 feet; TiIE.= R 89'17'2V W. 395.80 feet to a point on the arc of a non-t wxjent carve, concerti to the ihst, a rsdfial line of said mrvVe through said point having a bearing of N 66.28'59" E; lN;IiCE Southerly, along the arc of said curve, to the right, having a radius of SW.00 feet and a central angle of 029038'28" for an arc distance of 256.67 feet to a point of tangemy; THME S 06*071270 w, 927.74 feet to a point of curvature of a tat curie-, concave to the northwest; ngen KE a radiuslof 550.00 fee+Clyandaacentral angle ofthe AM Of id curve, tM7"04'22"ofort1k�m arc�distanncce of 547.86 feet to a non -tangent If"; TFiM S 0004214V W. 5.54.04 feet; Th"M S 89•7712V E, 722.64 feet to the POINT.13F SE6INKIN6. Containfnq 24.572 acres, more or less. Prepared by: rKe&r/#, R.t.s. 8151 :! 5 62 6728:2P14 Octio6er 27. 1987 LB Na. 185050. W,_W 9k ftlwfCW VISi0SO WI£di8ORHOM 2 PARCEl. 0 7hat portion of Section 29. Township 1► South, RanW 14 East, 6. a S.R.B. M., Piss CwrtY. Arizona. described as follows: COl9ElZ)a at the South One -Quarter (S 1/4) corner of the said Section 29; distance of TREWE S 89*40fe0' E. to the along line of the said Section 29, a ght-of-gray line of U.S. Highway gg; DMICE X 00"41'59- E, along the said right -of -Way line, a distance of 835.90 feet to the North right -of -my line of Rancho Vistoso S wlevard recorded in Docket 78M at Page 1456; THM N 898,12'01- w. along the said right-of-way line, a distance of 453.83 fW' to a Point of curvature of a tangent curve. concave to the Northeast; THENCE Northwesterly, along the said right-of-way line, along the arc Of said curve. to the right. having a radius of 1,425.00 feet and a central angle of 062'29'57- for an arc distance of 1,554.37 feet to a nen-tarWt line; TH MM N 63.11' 49- E. 1,122.Og feet to the POINT Or aE6INlVIi+RG: MUM N 26'48'I1- ii, 140.00 feet to a point of curvature of a tangent curare, concave to the Southwest; THENCE Northwesterly. along the arc of said curve, to the left, having a radius of 200.00 feet and a central angle of 034000'00- for an arc distance Of 118.68 feet to a point of tangency; THENM N 60.48'11" N, 150-W feet to a point of curvature of a tangent curve, concave to the Northeast; THENCE Northwesterly, along the am of said curve, to the right, having a radius of 23S.00 feet and a central angle of 068.32'15- for an arc distance of 281.71 feet to a point of tangency; THENCE M 07.44104" E. 843.71 feet; THENCE N 48°22'.i6" W. 514.24 feet to a point on the arc of a non -tangent curve, concave to the Southeast, a adial line of said curve thro 41 said Point having a bearing of N 56006'70" w; THENCE Northeasterly, along the are of said curve, to the right. having a radius of 500.00 feet and a central angle of 062°13'37" for an arc distance of 543.03 feet to a point of tangency; 815,E 2563 Page 16 87128!2414 8a2 Pa9r 2 s October V, 1987 NU Ifo. 185450401-M Parcel 0 THEJICE S 83052`33■ E, 15Q.00 fee. to a point of ciurvature of a t curve, concave to the South est; a radius Sop pp feetlandaa cenratthe arc of said torte. to the right. hating of 78S.40 feet to a point of angle of O9Q■00'Oo■ for an arc pie n`�3►: THENM S 06007'270 V. 921.14 feet to a point of curvature of a t, _,t curve. concave to the Northwest; THM Southwesterly. along the arc at said cu/r�ve, to the Myht, �• yinq a radius of 560.00 fret and a central angle of 057•Y7'�■ for an are C; vinq of 547.86 feet to the POINT OF BEGINNINS. containing 28.651 acres, mare or less. Prepared by: 'THE GROUP Kenn*tb Zgslnn4. R.L.S. 8151 2564 Page •17 07:28!2014 8:52 4elobef 2i , 190 WLB NO-401-05 WHO VISTOSO 4FIGHMM 2 PARCEL F That portion of Seurions 20 and 29, Township 11 Swo. Range 14 &St, a. 6 S.R.R_ i M_, MM sty, Arizona, described as follows.. COMif LWG at the Iforthrest corner of the SOu..heast One-,,arto (SE 1j4; Of the said Sect:cm 2O, being an angle point in the East line of the; Parcel reco reed in axicet 761 4: Page 1525; THDiR S T7"00'000 w, along the said East Tine, a distance of 894.fr feet :o a point of curvature of a tangent curve, concave to the Northwest; _THENCE Southwesterly. along the said East line, along the arc of said off 012"0$'48- for any rrcidiistance of 5".0Ong a radijs of 0 feet to the P0I OF BfSiIcent �WNG; THENCE Soutbwesterly, along the said Fast Tice. along the arc of said turn, to the right, having a radius of 2.5M.00 feet and a central a:eg3e of �14"2T'TZ" for an arc distance o!` ; 6.28 feet to a point of tangency; feet; THENCE S 43°30'OD" 4, alon3 the said East line, a distance of 631.90 THENCE S 4611301,00" E. 1,525.00 feet; TE S 43"30''00" w, i18.S9 feet to a point of curvature of a tangent curve, conOve to the Southeast; THEM Southresteriy, along the d'C of =id curve. to the left, hint! ng a radius of SnO.GO feet and a rentrai angle of 037'22':3- fo.• an are :istannce of 326.17 feet to a ;pint of tangency; THENCE S 06'*1327" H, 140.44 feet; THENCE S 83"52'33" E. 100.00 feet to a point of Curvature of a tangent C..rvfp concave to the SouUiwest; THENCE SoutJwrly, along the arc of said curve, to the right, having a radius of 5O0.0D feet and a central angle of OW*21'32" for an arc distance of 526.73 feet to a non.tangent Tine; THENCE S 89917'20" E, 385.8C feet to the Hest right-of-way line of O.S. Highway 99; TMCE N 01°27•58" E. along the said right -Of -MY line, a distance of 174.00 feet to " point on the arc of a ben -tangent curve, eorKave to the East, a radial Vine of said curve through sdi-d point having a Dearing of N 87002120" w-V 8151 2565 Page 18 67,12W2014 8:52 • R=�' 2 October 27. 1937 WM 1b. 1850504M-O5 Parcel F T�+Fli M Nortberty, along the said right -of -joy line. along the arc of ta:d curare, tD the rfghU having a radius of 3.919.72 feet and a central angle of O26'27'56• for an art distnce of 1.810.56 feet to a non-taogdrt Tine; THME N 30055118" E. along the said rfgbt-of-fray line, a distance of16s.W feet; THENCE N 52.36'25' Y. 1.745.37 feet to the POW OF 8EGjWjN6. Containing 77.571 acres. ■pre cr less. °hared by: -w GROUP Kenneth . a R.L.S. 8151 2566 Page 19 67l28!2014 8:52 .. F* il+r 27, tM • M b- ISS056.4M.4n e, 'bat portiO4 of Seetio" 20. Tommihip 77 South, Ramp 14 East, G. i S.R.B. 9 1t., Piwa ID-un w Rrf4p v_. described as fo77aa: aEiI6 at the NorthwestNorthwestcarrier said of the saof the Southeast 001e r� (� 1,1 % id Section 20, �qg an ang7c point in the East like of that Pswoet recorded in Docket 7767 at Page 75n; feet 7*WOVanvW, 410 the said East line, a d; of M.56 tangent curr+e, concave to the *rMmt; 17iENCE Southrestrrly, 410..i the said East tine, along the arc of said CO", to the right, having a radius of 2,500.00 feet and a edtrai angle elf 012'06'4r for an arc distance of 530.00 feet to a non -tangent line; THENCE S 62036.25" E. 1,745.3) feet to the Wst right -of -my line of U.S- High"y 8g,; 14O.,DOfeetE It to O'B5118' E. along the soldright-of..wr lime, a distance �f angle ;point; - THENCEt to 1*40io 36 E. along the said right.of-�, line., a distance of Northwest; lure of a tangent . waft to the T46"CE * theastetrl,y, along the said right-of-wey lin_, elong the arc of said curve, to the left, having a radius of 17.359.16 feet and a central angle of 010.15'17" for an arc distance of 2.033.RS feet to the North line of the said Southeast One-Qorter (SE 7/4); iitfllCE N 89°50'38" il, flfti the said North lint. a distance of 2.185.44 feet to the POW OF 8E6IJOURS. Containing 83.399 ac, mre or less. Prepared by: THE my Kenneth Zi . R.L.S. 8151 2507 . -U- -- 07/28!7.014 8:82 r,-TlllTv DO N--T DETACH CEW.IFI(:ATE FROPWMCUMMr Jy. Lh A, i, A A,f a S. tv-, ;:EL• o',FF I riAV AT -�.00 F_Ar_F. .00 I- 67W)i E -3 A'i i . 00 EAC*4 .00 0 ;- ij*;6 rAl3F AT I -00 EA(.-t-s .00 $P;ARCKmS AT 10. 00., EACH .00 TOTAL S. orj AiViiNT F A I D S .9.06 1 It i PtEC4 AMOUNT D-JE * .00 THE ABOVE SPACE FOR RECORDEr%s USE ONLY TO BE RECORD-:D_As PART OF DOCUMENT 8151 6 Agwy 3 Page 1 a 07,12atn-014 8:56 PART of MIGM30RMM jp THIS TR?%CT DECLARATZe7R is made this 29th day of October, 2987, by VOLFS I"ZL gyp. iNC., an Arizona Cor poration rporation W I T N E S S E T H: WREREAS, Declarant executed and caused to be reccrded that certain Restated Declaration of t'vvertactts, Conditions, Restrictions and Easements for �accho Vistoso, dated April 10, 1987, and recorded on April 24, 1987 in Docket 8021, page 925 of the records of the Pima County, Arizona Recorder, as may be amended from time to time (the "Master Declaration"), which covers property known as Rancho Vistoso: and the followi eal of Rancho pistoso� and subject o the MastterdescribedrDeclipr ion y is a �~t ara See Exhibit "A` attached hereto and incorpor- ated hereir: by this reference (the -Parcel-), and WaEREAS, Section 5.I of the Master Declaration cortte=plates that Tract Declarations for Parcels located within Rancho Vistoso will be executed and recorded periodically as the development of Rancho Vistoso proceeds and Land Use Classifications for such parcels are determined; and WHEREAS. MZ-zla ant, as holder of legal title to all of the p»rcal, now wishes to,recoz3 a Tract Declaration for the Parcel; NOW, THEREFORE, Declarant hereby declares, covenants and agrees as follows: I. Definitions. Caritalized terms used in this tract Declaration shall have* meaning set forth for such tames in the Master Declaration. Land 2. Land Use Classification. ;he Parcel shall have the Use ClausIficatich Of Res ant al Apartma:t Development Use. The Owner of the Parcel shall have the right at any times to r :wt a notice changing the land use classification to Residential Condominium Development Gse, Single -Family Residential �•. Church Use, Pre -Elementary School Use, Elementary School Use, or Secor:;.ary School Use. Such uSes shall be permitted and all other use; prohibited. 8191 2u24 Mp Page 2 07:28,2014 8 3. Plat Authcri nsit _ Dio ccastrvction of a until unit p ed ar prowment on the Parcel shall be commenced until such proposed construction and a Parcel has been approved in accordance plat or site plan for the conditions of the Master Declaratio. t terns meal unreasonably Withheld. If no response A_P'rovals shall not be days of the Associations recespa re ueSL received within twenty rov construction Plans, a plat or site plan, then the it :p shall be dewed approved. Items not objected too in an initiel 31, ission may not be objected to in a later submission. Objections shall be reasonably specific. go more than 152 JOwelling Units as defined in the !taster Plan for rancho Parcel. Distoso may be constructed on the ;. Interpretation. This Tract Declaration shall be considered anintegral part of the Master Declaration and shall be construed with the Master Declaration as if were sethe provisions hereof t Earth therein. This Tract Decla,ra•tion shall run with the Parcel and be enforceable in accordance with and as a part of the Kasten Declaration. S. Ad 'aunt Pro�rt . No variances, modifications or odificat£ons from the sMa ter Declaration shall be given to the Property within 1000 feet of the Parcel unless the consent of the owner of the Parcel is received (unless the substance of the exemption, variance or modification had previously been granted to the Parcel at the request of the Parcels Owner in which event no consent shall be required). IN WITNESS WHEREOF* Declarant has caused its name to be signed by the signature of its duly authorized officer as of the day and year first above written. WOLPSWINXEL GROUP, INC., an Arizona corporation -2- 8151 2G25 Page 3o 67,128.2014 8:56 STATE OF ARXIMA ) ) ss- Gounty o - Psaricopa ) The da of r oing instrument was ack x=IW-Pfan fc me thi tic r 1987, by Of WOLFSRIKHL Arizona corporation, on behalf of the corporati t J wa xc NY Co®ission Expires: wLoaumbsw ev Sept- 2- t AMEPTED ASD AGREED TO; VISTOSO COMUNITY ASSOCIATION, an Arizona non-profit corporation STATE OF AR170KA ) ) ss. County of X&ricopa ) V 4 The r ing instrument was a�ck v+ri ,,=� f ae this y ° �, 1937, !,l // - the • of VISTOOSO CO�iMj1s ASSOOUTRK., an APizona non-profit corporation, on behalf of the corporation. My Comission Expires: -do WGI-33.I8 -3- 8151 20 � s Page 4 of a7,128!2014 8:38 A sJMrMaW, Ocbober 26. 1s" R B No. 185050-IOi-dE That Partiam of Sectim 26. To doshig 11 SooW. i !L. Pim CbmtY. Arim s. dribed as follows: 13 East. �. R S.R.B. M-- CO MCUM at the Northwest corner of the said Ssctiom 26; TEE N 89.49'44w E. along the North line of the said Section a* a distance 2f 94p_Op fort; THENCE 5 WIO'16' E. 1.210.00 feet to a point of cmmtare of a tangmt On =OcmV to the lfortheast; THENCE southeasterly, along the arc of said #' went, t •r of 81S.00 feet and a central angle of OneMsgp• to the left, lrmriag for if! am distance Of 7.073.94 fee: to a point of tangemy; TREN E S 75.40'l-,- E. 170.00 feet to the POINT OF OMMIG; THM S 7S•40016" E. 2SO.32 feet to a point of ar»�tme Of a cw,vev coma rt to the South; twNim TIFrE Easterly. 41On9 the am 'of said curve to the right, haring a radius of 2.3O.W feet and a cf~ntral Of 576.66 feet to a point of tangency: an91e of 014•00'pps for an arc dista*ve TNF U S 61.40' 16" E. 20.32 feet; THERU S 2807944' V, . o OG feet: THENCE 5 58.49144" V. SX-00 feet; THENCE N 6i•57'45" V. 350.00 feet; TIEXE N 18"25158" V, 505.00 feet; TR= N 14.19'44" E. 390.00 lfett to the POINT OF BEGIN11IN6.. Conta'fting 15-M acres, more or less. Prepand by: THE WJXP 6. >::""M Jr- I r n. R.4.5. 8151 2627 Page 5c 6?!28!2Dt4 8:3E 1102 01500 3 ,121218-33 1(� CAPTION HEADING Assignment and Assumption of Declarant Rights DO NOT REMOVE JHIS IS PART OF THE OFFICIAL DOCUMENT This Assignment is dated , 2012 but made to be effectiv ► f 0 U 1Z (the "Effective Date") PY and between Arizona Vistoso Return, limited liability company ("Assignor") and Vistoso Holdings, LLC ("Assigne( e to the following recitals: RECITALS Under the terms of the Rancho Vistoso Assignment and Assumption of Dec assignor is the "Declarant" under that certain Declaration of Covenants, Con i ns and Easements of Rancho Vistoso dated September 16, 1986, and recoi j r 17, 1986, in Docket 7871, commencing at Page 1688, and rerecorded on Noven 1 Docket 7915, commencing at Page 1281, in the Office of the Pima County, , I, which instrument was subsequently restated and replaced by that certain F I' :)n of Covenants, Conditions, Restrictions and Easements for Rancho Vistoso datf I and recorded on April 24,1987, in Docket 8021, commencing at Page 925 in the C County, Arizona Recorder ("Restated Declaration"), which Restated Declarati ently amended by recorded instruments thereafter. The Restated Declaration nts thereto thereafter are hereinafter referred to as the "Declaration". The Dec iroperty known as "Rancho Vistoso", in Oro Valley, Arizona.. 3. Assignor now wishes to execute and record this Assignment and Assuml Rights evidencing that it has transferred all rights of Declarant under the Declarati Q has agreed to assume all the covenants and obligations of Declarant under the Dec the Property, subject to the reservations set forth below. AGREEMENT i Dw, therefore, for good and valuable consideration, the receipt and sufficiency of wl nknowledged, Assignor and Assignee agree as set forth below: Assignment. Assignor hereby assigns, conveys and transfers to Assigne Y s rights, title and interest as "Declarant" under the Declaration as it relates to the F reafter owned thereby, subject to the reservation in favor of Assignor of all of Dec they relate to any and all portions of the Property owned by Assignor. A �_-----��: _� A -- -- _1___ ________ -- __- - - _ _ 1_ __ ---r_ -__-- t_tr-tl - -- -1 - - .-- - 1. Governing Law. This Assignment shall be governed by and construed in acc laws of the State of Arizona. Recitals. The Recitals set forth above are incorporated herein by this refere iowledged by the parties to be true and correct.. (EXECUTION ON NEXT PAGES) A VISTOSO RETURN, LLC, i limited liability company .ster Control, LLC, ri limited liability company, Managing Member Armed Forces ., Waking Member By: Printed naW. David A. Frances Title: Executive Vice President kF § 4 oF,\, § l his instrument was acknowledged before me the day g of August, 2012, b D Y the Executive Vice President of Armed Forces Bank, N.A., the managing mej istoso Return, LLC, on behalf of said company. Y STAMP] �1(ENZIE CLESSON ■y Public -Notary Seal SATE OF MISSOURI IClay County sion Expires Sept. T, 26`15 mission 0 1123nO6 liability company By: Master Control, LLC, a Missouri liability company, its Managing Member By: Armed Forces Bank, N Managing Member By: Title: ASSIGNEE: Vistoso Holdings, LLC an Arizona limited company By True Life Communities LLC, Its: CIE By: L 5. before me, Eunhee Song, Notary Public, personally SGo�� I7_ Cfar(C to me on the basis of satisfactory evidence to be the person(A whose na •ibed to the within instrument and acknowledged to me th he/ a/they e �-- I r-- i( nls/ r/their authorized capacity(i is/ , and that by r/their signature the person(; or the entity upon behalf of which the person(() acted, exec ;r PENALTY OF PERJURY under the laws of the State of California that 1 aragraph is true and correct. iy hand and official seal. •�� EUNHEE SON^ Notary Public-CaDifc�ia CONTRA COSTA COUNTY 'a ,•a ___My Gomm. Exp. AUG 11, 2015 'AKtLtL -1: LCHO VISTOSO NEIGHBORHOOD 11, PARCEL AL IIAT PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: )MMENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26; THENCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NORTH -SOUTH MID- !=CTION LINE OF SAID SECTION 26, A DISTANCE OF 1,764.52 FEET TO A POINT ON THE ARC OF A VON TANGENT CURVE CONCAVE TO THE NORTHWEST, A RADIAL LINE OF SAID CURVE THROUGH 1 aID POINT HAVING A BEARING OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; (HENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 0.00 FEET AND A CENTRAL ANGLE OF 43 DEGREES 53 MINUTES 04 SECONDS FOR AN ARC STANCE OF 758.27 FEET TO A POINT OF TANGENCY; FENCE NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO A POINT OF JRVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; §HENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF %0,00 FEET AND A CENTRAL ANGLE OF 28 DEGREES 17 MINUTES 34 SECONDS FOR AN ARC )SSTANCE OF 325.91 FEET TO THE POINT OF BEGINNING; fC NCE CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A IUS OF 660.00 FEET AND A CENTRAL ANGLE OF 51 DEGREES 42 MINUTES 26 SECONDS FOR AN DISTANCE OF 695.62 FEET TO A POINT OF TANGENCY; HENCE EAST, 159.69 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE 7UTH; �MENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 660.00 ?ET AND A CENTRAL ANGLE OF 33 DEGREES 49 MINUTES 04 SECONDS FOR AN ARC DISTANCE OF 189.65 FEET TO A NON -TANGENT LINE; ,"HENCE SOUTH 13 DEGREES 00 MINUTES 00 SECONDS EAST. 281.81 FEET; n IT HAVING A BEARING OF SOUTH 03 DEGREES 59 MINUTES 09 SECONDS EAST; '14CE WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 950.0( r AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTES 53 SECONDS FOR AN ARC DISTANCE C 1.67 FEET TO A POINT OF TANGENCY; _NCE NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, 648.62 FEET TO THE POINT OF SINNING. "%;XL 2: ICHO VISTOSO NEIGHBORHOOD 11, PARCEL AK F PORTION OF SECTIONS 23 AND 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT R MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: MENCING AT THE NORTH ONE -QUARTER (N 1/4) CORNER OF SAID SECTION 26; =NCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NORTH -SOUTH MID- fION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET; VCE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO THE POINT OF SINNING; DICE CONTINUE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 65.29 FEET; -14CE NORTH 25 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 705.16 FEET; :NCE SOUTH 78 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 357.59 FEET TO A IT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTHEAST, A RADIAL LINE OF _ CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 89 DEGREES 31 MINUTES 44 ;ONDS WEST; _NCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF nO FEET AND A CENTRAL ANGLE OF 63 DEGREES 57 MINUTES 01 SECONDS FOR AN ARC ANCE OF 167.42 FEET TO A POINT OF TANGENCY; WCE SOUTH 64 DEGREES 25 MINUTES 17 SECONDS EAST, A DISTANCE OF 663.58 FEET; CNCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 740.00 A CENTRAL ANGLE OF 15 DEGREES 14 MINUTES 03 SECONDS FOR AN ARC DISTANCE OF 196.7; rT TO A POINT OF TANGENCY; HENCE WEST A DISTANCE OF 159.69 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE M NCAVE TO THE SOUTHEAST; HENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1 ,00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 37 MINUTES 40 SECONDS AN ARC DISTANCE 0 .71 FEET TO A NON -TANGENT LINE; =NCE NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, A DISTANCE OF 143.45 FEET TO A JINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; HENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 19200.00 SET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUTES 39 SECONDS FOR AN ARC DISTANCE OF 1.12 FEET TO THE POINT OF BEGINNING. IRCEL 3: CHO VISTOSO NEIGHBORHOOD 10, PARCEL D HAT PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER gRIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: MMENCING AT THE NORTH ONE -QUARTER (N 1/41 CORNER OF SAID SECTION 26: rNCE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NORTH -SOUTH MID- TION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEEF TO THE POINT OF BEGINNING; =NCE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO A POINT ON THE ARC . A NON -TANGENT CURVE CONCAVE TO THE SOUTH, A RADIAL LINE OF SAID CURVE THROUGH AID DINT HAVING A BEARING OF NORTH 08 DEGREES 23 MINUTES 05 SECONDS EAST; HENCE EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 1,200.00 A iYV1Y-1/°11VlyCIV 1 VVI'[VC 1..Vifkl'iVC I V 11'7G vvV 1 nGn.7 , r. nnvn�.. u.e.a.. vvnw vv.w. � )UGH SAID POINT HAVING A BEARING OF NORTH 52 DEGREES 37 MINUTES 40 SECONDS WEST JCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF .u0 FEET AND A CENTRAL ANGLE OF 27 DEGREES 22 MINUTES 20 SECONDS FOR AN ARC JANCE OF 353.52 FEET TO A POINT OF TANGENCY; #ICE SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST, 580.09 FEET TO A POINT OF R/ATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; .1 ICE SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, iING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 99 DEGREES 15 MINUTES 41 SECONE AN ARC DISTANCE OF 1,576.52 FEET TO A NON -TANGENT LINE; NCE NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 131.59 FEET; ACE NORTH 56 DEGREES 00 MINUTES 00 SECONDS EAST, 400.73 FEET; tCE NORTH 48 DEGREES 39 MINUTES 41 SECONDS EAST, 150.00 FEET TO A POINT OF 7VATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; LCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF .00 FEET AND A CENTRAL ANGLE OF 19 DEGREES 09 MINUTES 19 SECONDS FOR AN ARC r NCE OF 66.86 FEET TO A POINT OF TANGENCY; :NCE NORTH 29 DEGREES 30 MINUTES 22 SECONDS EAST, 150.00 FEET; LE NORTH 18 DEGREES 40 MINUTES 51 SECONDS EAST, 672.65 FEET TO A POINT OF ?'NATURE OF A TANGENT CURVE CONCAVE TO THE WEST; t-.CE NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF 76.00 "AND A CENTRAL ANGLE OF 62 DEGREES 54 MINUTES 52 SECONDS FOR AN ARC DISTANCE OF FEET TO A NON -TANGENT LINE; 14 ICE NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST, 354.96 FEET; :NCE NORTH 02 DEGREES 00 MINUTES 00 SECONDS EAST, 96.79 FEET; ICE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 11.79 FEET TO THE POINT OF FENCE SOUTH 69 DEGREES 39 MINUTES 46 SECONDS WEST, 319.72 FEET TO A POINT ON THE C OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88 DEGREES IINUTES 31 SECONDS EAST; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF 34 DEGREES 56 MINUTES 11 SECONDS. FOR AN ARC DISTANCE 46 FEET TO A POINT OF TANGENCY; THENCE NORTH 36 DEGREES 00 MINUTES 00 SECONDS WEST, 301.69 FEET TO A POINT ON THE ITHERLY BOUNDARY LINE OF THAT PARCEL RECORDED IN DOCKET 8162, PAGE %9; FNCE SOUTH 67 DEGREES 57 MINUTES 45 SECONDS EAST, ALONG SAID PARCEL LINE A DISTANCE '07.96 FEET; gNCE NORTH 58 DEGREES 49 MINUTES 44 SECONDS EAST, ALONG SAID PARCEL LINE A DISTANCE 130.00 FEET; rNCE NORTH 28 DEGREES 19 MINUTES 44 SECONDS EAST, ALONG SAID PARCEL LINE A DISTANCE 60.00 FEET TO THE NORTHERLY LINE OF SAID PARCEL; 'INCE NORTH 61 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID PARCEL LINE A ANCE 265.32 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; LIM WESTERLY ALONG SAID PARCEL LINE ALONG THE ARC OF SAID CURVE TO THE LEFT, VING A RADIUS OF 2360.00 FEET, A CENTRAL ANGLE OF 14 DEGREES 00 MINUTES 00 SECONDS, AN ARC DISTANCE OF 576.68 FEET TO A POINT OF TANGENCY; ENCE NORTH 75 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID PARCEL LINE A 'ANCE :'37.99 FEET TO A POINT ON THE EASTERLY LINE OF A PARCEL RECORDED IN DOCKET 10272, GE 1908; 1_' NCE NORTH 03 DEGREES 30 MINUTES 00 SECOND5 EAST, ALONG SAID LINE A DISTANCE OF �353 FEET; iNCE NORTH 04 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID LINE A DISTANCE OF 39.0: PT TO A POINT ON THE SOUTHERLY RIGHT -OF --WAY LINE OF PEBBLE CREEK DRIVE RECORDED IN 41JTES 25 SECONDS, FOR AN ARC DISTANCE OF 942.1U F t t I I U I tit VVIN r Ur ULUINNiNv. I CEL 5; CHO VISTOSO IGHBORHOOD 5, PARCEL 5A T PORTION OF SECTION 25, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER :RIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS; e INNING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 25; NCE SOUTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF THE dllTHWEST QUARTER OF SAID SECTION 25, A DISTANCE OF 1,620.19 FEET TO A POINT ON THE AF NON -TANGENT CURVE CONCAVE TO THE EAST, A RADIAL LINE OF SAID CURVE THROUGH SAI tIHAVING A BEARING OF NORTH 79 DEGREES 43 MINUTES 47 SECONDS WEST, SAID POINT G ON THE EASTERLY RIGHT-OF-WAY OF RANCHO VISTOSO BOULEVARD, AS RECORDED IN .r'KET 8178 AT PAGE 1966; ENCE SOUTHERLY ALONG SAID RIGHT-OF-WAY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, 'ING A RADIUS OF 1,645.00 FEET AND A CENTRAL ANGLE OF 42 DEGREES 25 MINUTES 20 ONDS FOR AN ARC DISTANCE OF 1,217.97 FEET TO A POINT OF TANGENCY; NCE SOUTH 32 DEGREES 09 MINUTES 07 SECONDS EAST, ALONG SAID RIGHT-OF-WAY, A 'ANCE OF 800.00 FEET; NCE NORTH 57 DEGREES 50 MINUTES 53 SECONDS EAST, A DISTANCE OF 550.00 FEET; IN CE SOUTH 32 DEGREES 09 MINUTES 07 SECONDS EAST, A DISTANCE OF 313.30 FEET; NCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, A DISTANCE OF 337,46 FEET; NCE NORTH 00 DEGREES 02 MINUTES 27 SECONDS WEST, A DISTANCE OF 500.00 FEET; ANCE NORTH 89 DEGREES 55 MINUTES 28 SECONDS EAST, A DISTANCE OF 1,084.28 FEET; ENCE NORTH 14 DEGREES 41 MINUTES 39 SECONDS EAST, A DISTANCE OF 147.33 FEET TO A #IT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEAST; ENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 000 FEET AND A CENTRAL ANGLE OF 40 DEGREES 29 MINUTES 52 SECONDS FOR AN ARC ANCE OF 558.39 FEET TO A POINT OF TANGENCY; fi.i�VV VV V I If V4 v'r gvww■ vv • �� - . - -- -I - --- . � -. - . -.� - - - - - -- --► - - - - - - - .. . . F 257.64 FEET TO THE POINT OF BEGINNING. ►CEPTING THEREFROM, THAT PARCEL OF LAND DESCRIBED IN THE DEED TO RANCHO VISTOSO FER COMPANY, AN ARIZONA CORPORATION, RECORDED MAY 1,1996 IN DOCKET 10286, PAGE 32 SO EXCEPTING THEREFROM, THAT PORTION OF THE NORTH HALF (N 1/2) OF SECTION 26, WNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, . CRISED AS FOLLOWS: 14MENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; NCE SOUTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF THE 11 HWEST QUARTER (NW 1/4) OF SAID SECTION 25, A DISTANCE OF 722.79 FEET TO THE POINT BEGINNING; INCE CONTINUE SOUTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, ALONG THE SAID NORTH 4E. A DISTANCE OF 897.40 FEET TO A POINT OF A NON -TANGENT CURVE CONCAVE TO THE EAST, ff40 THE EASTERLY RIGHT-OF-WAY LINE OF RANCHO VISTOSO BOULEVARD, RECORDED IN POKET 78, PAGE 1966, A RADIAL. LINE THROUGH SAID POINT BEARS NORTH 79 DEGREES 43 MINUTES 47 JONDS WEST; IIENCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE TO THE t , HAVING A RADIUS OF 1,645.00 FEET, AND A CENTRAL ANGLE OF 42 DEGREES 25 MINUTES 20 NDS. FOR AN ARC DISTANCE OF 1,217.97 FEET TO A POINT OF TANGENCY; NCE SOUTH 32 DEGREES 09 MINUTES 07 SECONDS EAST, ALONG THE EASTERLY RIGHT -OF -WA OF RANCHO VISTOSO BOULEVARD A DISTANCE OF 339.50 FEET; NCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 66 DEGREES 3D MINUTES 38 SECONDS EAST ISTANCE OF 790.41 FEET; NCE NORTH 43 DEGREES 55 MINUTES 56 SECONDS WEST, 31,34 FEET; NCE NORTH 61 DEGREES 09 MINUTES 02 SECONDS WEST, 41.07 FEET; (ENCE NORTH 75 DEGREES 37 MINUTES 17 SECONDS WEST, 85.49 FEET; NCE NORTH 33 DEGREES 30 MINUTES 45 SECONDS WEST, 1&90 FEET; I NCE NORTH 00 DEGREES 55 MINUTES 27 SECONDS EAST, 48.80 FEET; . ET; NCE NORTH 34 DEGREES 15 MINUTES 55 SECONDS WEST, 44.48 FE IENCE NORTH 76 DEGREES 47 MINUTES 57 SECONDS WEST, 126.40 FEET; IENCE NORTH 26 DEGREES 10 MINUTES 57 SECONDS WEST, 67.58 FEET; IENCE NORTH 36 DEGREES 09 MINUTES 51 SECONDS WEST, 75.20 FEET; IENCE NORTH 08 DEGREES 09 MINUTES 01 SECONDS WEST, 127.85 FEET; IENCE NORTH 18 DEGREES 40 MINUTES 19 SECONDS EAST, 50.81 FEET; ::_NCE NORTH 47 DEGREES 05 MINUTES 20 SECONDS EAST, 43.34 FEET; ENCE. SOUTH 86 DEGREES 13 MINUTES 28 SECONDS EAST, 60.87 FEET; :NCE SOUTH 10 DEGREES 58 MINUTES 08 SECONDS EAST, 99.71 FEET; ONCE SOUTH 43 DEGREES 55 MINUTES 14 SECONDS EAST, 25.59 FEET; :NCE NORTH 80 DEGREES 16 MINUTES 36 SECONDS EAST, 22.33 FEET; °.NCE NORTH 56 DEGREES 24 MINUTES 37 SECONDS EAST, 72.66 FEET; aENCE NORTH 36 DEGREES 55 MINUTES 20 SECONDS EAST, 32.89 FEET; FENCE NORTH 14 DEGREES 57 MINUTES 32 SECONDS EAST, 109.21 FEET; 4ENCE NORTH 57 DEGREES 17 MINUTES 21 SECONDS EAST, 92.51 FEET; ENCE NORTH 13 DEGREES 00 MINUTES 02 SECONDS EAST, 83.31 FEET; :=NCE NORTH 17 DEGREES 29 MINUTES 44 SECONDS WEST, 69.74 FEET; :NCE NORTH 58 DEGREES 02 MINUTES 36 SECONDS WEST, 59.33- FEET; ENCE NORTH 23 DEGREES 54 MINUTES 40 SECONDS WEST, 59.60 FEET; ENCE NORTH 50 DEGREES 49 MINUTES 55 SECONDS WEST, 24.46 FEET; IENCE NORTH 82 DEGREES 52 MINUTES 35 SECONDS WEST, 27.40 FEET; 'NCE NORTH 15 DEGREES 24 MINUTES 29 SECONDS EAST, 30.13 FEET; ENCE NORTH 39 DEGREES 23 MINUTES 36 SECONDS EAST, 28.32 FEET; NCE NORTH 16 DEGREES 16 MINUTES 02 SECONDS EAST, 28.20 FEET; NCE NORTH 00 DEGREES 56 MINUTES 16 SECONDS WEST, 85.87 FEET TO A POINT ON NORTH LINE OF THE NORTHWEST QUARTER (NW 114) OF SAID SECTION 25, BEING F- POINT OF BEGINNING. i. sJ EXCEPTING THEREFROM, THAT PORTION OF THE NORTH HALF (N 1/2) OF SECTION 25, IIINSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, CRIBED AS FOLLOWS: I IMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 25; ENCE SOUTH 89 DEGREES 55 MINUTES 45 SECONDS WEST, ALONG THE NORTH LINE OF THE THWEST QUARTER (NW 114) OF SAID SECTION 25, A DISTANCE OF 1628.94 FEET TO A POINT OF NV -TANGENT CURVE CONCAVE TO THE EAST, BEING THE EASTERLY RIGHT-OF-WAY LINE OF NCHO VISTOSO BOULEVARD, AS RECORDED IN DOCKET 8178, PAGE 1966, A RADIAL LINE OUGH 0 POINT BEARS NORTH 79 DEGREES 43 MINUTES 47 SECONDS WEST; .NCE SOUTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC OF SAID CURVE TO THE I', HAVING A RADIUS OF 1,646.00 FEET, AND A CENTRAL ANGLE OF 42 DEGREES 25 MINUTES 20 I`ONDS, FOR AN ARC DISTANCE OF 1,217.97 FEET TO A POINT OF TANGENCY; ENCE SOUTH 32 DEGREES 09 MINUTES 07 SECONDS EAST, ALONG THE EASTERLY RIGHT -OF -WA j OF RANCHO VISTOSO BOULEVARD A DISTANCE OF 339,50 FEET TO THE POINT OF BEGINNING; =NCE DEPARTING SAID RIGHT-OF-WAY LINE NORTH 86 DEGREES 30 MINUTES 38 SECONDS EAST 11 FEET; 4CE SOUTH 06 DEGREES 34 MINUTES 01 SECONDS WEST, 112.23 FEET; ;NCE SOUTH 18 DEGREES 36 MINUTES 10 SECONDS EAST, 50.19 FEET; .DACE SOUTH 43 DEGREES 51 MINUTES 22 SECONDS EAST, 48.71 FEET; +ICE SOUTH 70 DEGREES 41 MINUTES 53 SECONDS EAST, 76.57 FEET; SOUTH 53 DEGREES 04 MINUTES 07 SECONDS EAST, 30.91 FEET; :NCE SOUTH 23 DEGREES 19 MINUTES 41 SECONDS EAST, 63.71 FEET; ICE SOUTH 03 DEGREES 00 MINUTES 51 SECONDS WEST, 28.51 FEET; v SOUTH 18 DEGREES 32 MINUTES 01 SECONDS WEST,141.27 FEET; :NCE SOUTH 21 DEGREES 06 MINUTES 25 SECONDS EAST, 76.23 FEET; LE SOUTH 10 DEGREES 29 MINUTES 46 SECONDS EAST, 26.48 FEET; 110E SOUTH 32 DEGREES 01 MINUTES 02 SECONDS WEST. 20.33 FEET; E SOUTH 57 DEGREES 19 MINUTES 27 SECONDS WEST, 32.84 FEET; CE NORTH 84 DEGREES 50 MINUTES 55 SECONDS WEST, 34.10 FEET; 14CE NORTH 66 DEGREES 27 MINUTES 55 SECONDS WEST, 64.16 FEET; rNORTH 50 DEGREES 47 MINUTES 31 SECONDS WEST, 96.92 FEET; ;NCE NORTH 32 DEGREES 09 MINUTES 07 SECONDS WEST,133.69 FEET; Lm SOUTH 57 DEGREES 50 MINUTES 53 SECONDS WEST, 560.00 FEET TO THE EASTERLY RIGHT - WAY LINE OF RANCHO VISTOSO BOULEVARD; LCE NORTH 32 DEGREES 09 MINUTES 07 SECONDS WEST, ALONG SAID RIGHT-OF-WAY LINE A DANCE OF 460.51 FEET TO THE POINT OF BEGINNING. tEL 5A: BASEMENT AS AN APPURTENANCE TO PARCEL 5 ABOVE, FOR INGRESS, EGRESS AND UTILITIES, THE FOLLOWING DESCRIBED PARCEL OF LAND: IP OF LAND 80.00 FEET WIDE WITHIN SECTION 25, TOWNSHIP 11 SOUTH, RANGE 13 EAST, AND ION 30, TOWNSHIP 11 SOUTH, RANGE 14 EAST, GILA AND SALT RIVER MERIDIAN, PIMA COUNTY, CE THE CENTERLINE DESCRIBED AS FOLLOWS: CING AT THE NORTH QUARTER (N114) CORNER OF SAID SECTION 25; :NCE SOUTHERLY ALONG SAID CENTERLINE AND THE ARC OF SAID CURVE, TO THE LEFT, HAVING CDIUS OF 1,720.00 FEET AND A CENTRAL ANGLE OF 41 DEGREES 58 MINUTES OD SECONDS, FOR SRC DISTANCE OF 1,259.82 FEET TO A POINT OF TANGENCY; 14CE SOUTH 32 DEGREES 09 MINUTES 07 SECONDS EAST, ALONG SAID CENTERLINE A DISTANCE 2761.34 FEET TO THE POINT OF BEGINNING; :NCE NORTH 57 DEGREES 50 MINUTES 53 SECONDS EAST, 377.84 FEET TO A POINT OF "VATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; .NCE NORTHERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 30 FEET, A CENTRAL ANGLE OF 65 DEGREES 30 MINUTES 00 SECONDS, FOR AN ARC DISTANCE 60 FEET TO A POINT OF TANGENCY; 4CE NORTH 07 DEGREES 39 MINUTES 07 SECONDS WEST, 213.19 FEET TO A POINT OF WATURE OF A TANGENT CURVE CONCAVE TO THE EAST; JCE NORTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT, HAVING A NUS OF 870.00 FEET, A CENTRAL ANGLE OF 48 DEGREES 39 MINUTES 00 SECONDS, FOR AN ARC ANCE OF 568.90 FEET TO A POINT OF TANGENCY; ;NCE NORTH 40 DEGREES 59 MINUTES 53 SECONDS EAST, 224.83 FEET TO A POINT OF rTURE OF A TANGENT CURVE CONCAVE TO THE NORTHWEST; :NCE NORTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT, HAVING A US OF 1150,00 FEET, A CENTRAL ANGLE OF 26 DEGREES 18 MINUTES 14 SECONDS, FOR AN ARC ANCE OF 527.95 FEET TO A POINT OF TANGENCY; NORTH 14 DEGREES 41 MINUTES 39 SECONDS EAST, 308.60 FEET TO A POINT OF ATURE OF A TANGENT CURVE CONCAVE TO THE EAST; ,; JCE NORTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT, HAVING A ►iUS OF 750.00 FEET, A CENTRAL ANGLE OF 40 DEGREES 29 MINUTES 52 SECONDS, FOR AN ARC ANCE OF 630.11 FEET TO A POINT OF TANGENCY; ►/ 0 We LI V.%~ 7 `r . . •r Fog V1.1 . V. • • 0 . .. r . — — r w — — —r— . — . tom, . . —.• . .. .. —- - - — ITHWEST CORNER BEARS NORTH 00 DEGREES 04 MINUTES 48 SECONDS EAST, A DISTANCE OF 5 FEET; :NCE CONTINUE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A .DIUS OF 468.00 FEET, A CENTRAL ANGLE OF 72 DEGREES 40 MINUTES 45 SECONDS, FOR AN ARC STANCE OF 593.85 FEET TO A POINT OF TANGENCY; LNCE SOUTH 18 DEGREES 15 MINUTES 29 SECONDS EAST, 259.93 FEET TO A POINT OF �4VATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; ENCE SOUTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT, HAVING A ..)IUS OF 600.00 FEET, A CENTRAL ANGLE OF 50 DEGREES 10 MINUTES 00 SECONDS, FOR AN ARC rANCE OF 625.34 FEET TO A POINT OF TANGENCY; :NCE SOUTH 58 DEGREES 25 MINUTES 29 SECONDS EAST, 300.00 FEET TO A POINT OF IRVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; :!NCE SOUTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT, HAVING A ►DIUS OF 2125.00 FEET, A CENTRAL ANGLE OF 17 DEGREES 28 MINUTES 00 SECONDS, FOR AN AR 17ANCE OF 647.81 FEET TO A POINT OF TANGENCY; IENCE SOUTH 50 DEGREES 57 MINUTES 29 SECONDS EAST, 425.00 FEET TO A POINT OF 'NATURE OF A TANGENT CURVE CONCAVE TO THE NORTHEAST; IFNCE SOUTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE: LEFT, HAVING A 11US OF 1600.00 FEET, A CENTRAL ANGLE OF 24 DEGREES 00 MINUTES 00 SECONDS, FOR AN AR S rANCE OF 670.21 FEET TO A POINT OF TANGENCY; :NCE SOUTH 74 DEGREES 57 MINUTES 29 SECONDS EAST, 675.31 FEET TO A POINT OF IRVATURE OF A TANGENT CURVE CONCAVE TO THE NORTH; NCE NORTHERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE LEFT, HAVING A RADIUS C 15.00 FEET, A CENTRAL ANGLE OF 76 DEGREES 45 MINUTES 00 SECONDS, FOR AN ARC DISTANCE ' 1359.63 FEET TO A POINT OF TANGENCY; iENCE NORTH 28 DEGREES 17 MINUTES 31 SECONDS EAST, 538.77 FEET TO A POINT OF WATURE OF A TANGENT CURVE CONCAVE TO THE SOUTH; FENCE NORTHEASTERLY ALONG THE ARC OF SAID TANGENT CURVE TO THE RIGHT, HAVING A ►!US OF 1009.28 FEET, A CENTRAL ANGLE OF 28 DEGREES 48 MINUTES 50 SECONDS, FOR AN AR G .?wL`1�3w Vr %w,%v ./ V v nir i V vlm %.f;.vlti t / u...M.v WIN v9 rVv ♦ I V91ILW o I V NoM r ".Vaw I w• ■ ■ . t I ..VI IV v LINE OF SAID RANCHO VISTOSO BOULEVARD, CEL NO.6 PORTION OF SECTION 20, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GIIA AND SALT RIVER BASI MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: nIENCING AT THE NORTHWEST CORNER OF THE SAID SECTION 20; lwx NORTH 89"494C EAST ALONG THE NORTH LINE OF THE SAID SECTION 26, A DISTANCE OF LOD FEET; SOUTH OW 10' 16" EAST, A DISTANCE OF 1,210.00 FEET TO A POINT OF CURVATURE OF A VGENT CURVE, CONCAVE TO THE NORTHEAST; LM SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVING A RADIUS OF LOO FEET AND A CENTRAL ANGLE OF 07503OW FOR AN ARC DISTANCE OF 1,073.94 FEET TO A Ift OF TANGENCY; CE SOUTH 75040'16"EAST, A DISTANCE OF 170.00 FEET TO THE POINT OF BEGINNING; CE SOUTH 75040*16" EAST, A DISTANCE OF 250.32 FEET TO A POINT OF CURVATURE OF A TENT CURVE. CONCAVE TO THE SOUTH; :NCE EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2,360.00 LAND A CENTRAL ANGLE OF 01400OW FOR AN ARC DISTANCE OF 576.68 FEET TO A POINT OF ENCY; LCE SOUTH 61.4W 16" EAST, A DISTANCE OF 265.32 FEET; VE SOUTH 28.1944" WEST, A DISTANCE OF 360.00 FEET; rHE SOUTH 58' 49' 44" WEST, A DISTANCE OF 530.00 FEET; 67o6r45" WEST, A DISTANCE OF 350.00 FEET; 1'H 1802&68" WEST. A DISTANCE OF 505.00 FEET; lbT PORTION OF SECTION 20, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA AND SALT RIVER BASE MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS: 33INNING AT THE NORTHWEST CORNER OF THE PARCEL RECORDED IN DOCKET 8162, PAGE 569. ��AA COUNTY RECORDER'S OFFICE, PIMA COUNTY, ARIZONA; FNCE SOUTH 75" 40' 16" EAST, ALONG THE NORTH LINE OF SAID PARCEL 12.33 FEET; NCE SOUTH 03' 30' 00" WEST, 540.47 FEET; NCE SOUTH 13" 00' 00" WEST. 37.46 FEET TO "POINT 1267, SAID POINT BEING ON THE 'ZTERLY LINE OF SAID PARCEL; 18'25968" WEST, ALONG SAID WEST LINE, 212.03 FEET TO AN ANGLE POINT; ENCE NORTH W 19, 44" EAST, ALONG SAID WEST LINE 390.00 FEET TO THE POINT OF INNING; iGETHER WITH: LPORTION OF SAID PARCEL RECORDED IN DOCKET 8162, PAGE 569, DESCRIBED AS FOLLOW; MMENCING AT THE SAID "POINT 1263"; NCE SOUTH 18°25'58" EAST, ALONG SAID WEST LINE 43.85 FEET TO THE POINT OF BEGINNING; NCE SOUTH 36000'00" EAST, 358.01 FEET TO THE SOUTHERLY LINE OF SAID PARCEL; RTH 67.57'45" WEST, ALONG SAID SOUTHERLY LINE 142.04 FEET TO AN ANGLE POINT; p218°25'68" WEST, ALONG THE WESTERLY LINE OF SAID PARCEL 249.12 FEET TO THE POINT BEGINNING. ,RCEL NO.7 EASEMENT FOR INGRESS AND EGRESS AS AN APPURTENANCE TO PARCEL 6 ABOVE, OVER A RIP OF LAND 30 FEET WIDE LYING EASTERLY OF THE NORTHERLY EXTENSION OF THE WESTERL E OF SAID PARCEL 6, HAVING A BEARING OF NORTH 03030'00" EAST, AND RUNNING FROM THE DRTHERLY LINE OF SAID PARCEL 6 TO THE SOUTHERLY LINE OF PEBBLE CREEK DRIVE. I rueckner & Levine PLC Hartford Drive, Suite 200 le, Arizona 85255 ASSIGNMENT OF DECLARANT RIGHTS UNDER RESTATED DECLARATION OF COVENANTS, NDITIONS, RESTRICTIONS AND EASEMENTS FOR RANCHO VISTO► `PHIS ASSIGNMENT OF DECLARANT RIGHTS UNDER RES' RATION OF COVENANTS, CONDITIONS, RESTRICTIgNS AND EASE? ANCHO VISTOSO (the "Assignment") is made as of the CO day of October, 2 O HOLDINGS, LLC, an Arizona limited liability company ("Assignor"), in I CAY 91, L.L.C., an Arizona limited liability company ("Assignee"). RECITALS (k. The Restated Declaration of Covenants, Conditions, Restrictions and Ea .ho Vistoso dated April 10, 1987, were recorded on April 24, 1987, in Dockc ;king at Page 925 in the Office of the Pima County, Arizona Recorder (as the st, -nay be amended from time to time "Declaration"). 1. Certain rights of the Declarant under the Declaration were assigned to A 1 to that certain Assignment and Assumption of Declarant Rights recorded Aul )equence No. 20122340750 in the Office of the Pima County, Arizona Recorder. Concurrently with the execution and delivery hereof, Assignor has certain real property within the Project (as defined in the Declaration) a rly described on Exhibit "A" attached hereto. ►. In connection with such conveyance, Assignor agreed to assign to Assign( ir's rights, title, interests and obligations as Declarant under the Declaration. IOW, THEREFORE, for good and valuable consideration, the receipt and suffici e hereby acknowledged, the parties hereto agree as follows: tt under the Declaration, and Assignee hereby accepts such assignment in acc erms and condition n s contained herein. Future Assignment. This Assignment shall include the right of further assi nee to any person or entity. Applicable Law. This Assignment shall be governed by and const :-ce with the laws of the State of Arizona. VISTOSO HOLDINGS, LLC, an Arizona limited liability company f1F ARIZONA ) ss. of Maricopa ) he foregoing instrume t By: True Life Communities, LLC, a California limited liability company, Class A Manager Its: a'.Y, c, T 2� was a nowledged before me this da y of the Gt of True Life Communities, I iimited a limited liability company, the ClassA Manager of VISTOSO liability company, for and on behalf thereof. otary Public OFFICIAL sFx MIKE HARE ►amnw*•sm.aM= WC=Ma#"MRY14=7 HOLDINGS, :L 1: 40 VISTOSO NEIGHBORHOOD 11, PARCEL AL PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA IVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS '.NCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26 E SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC I MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 1,764.52 FEI F ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE JWEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVIIN lG OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; i E NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, (J A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 43 DEGREES S 04 SECONDS FOR AN ARC DISTANCE OF 758.27 FEET TO A POINT 0: iNCY; E NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO F CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEA, _E NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 28 DEGREES S 34 SECONDS FOR AN ARC DISTANCE OF 325.91 FEET TO THE POINT [ING; CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 51 �S 42 MINUTES 26 SECONDS FOR AN ARC DISTANCE OF 595.62 FEET T 6F TANGENCY; :E EAST, 159.69 FEET TO A POINT OF CURVATURE OF A TANGENT CUR VE TO THE SOUTH; _E SOUTH 48 DEGREES 00 MINUTES 00 SECONDS WEST, 50.47 FEET TO. DN THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTH, ►L LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING 0 03 DEGREES 59 MINUTES 09 SECONDS EAST; _E WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVI 1S OF 950.00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTE; DS FOR AN ARC DISTANCE OF 560.67 FEET TO A POINT OF TANGENC) E NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, 648.62 FEET TC OF BEGINNING. FL 2: JO VISTOSO NEIGHBORHOOD 11, PARCEL AK ORTION OF SECTIONS 23 AND 26, TOWNSHIP 11 SOUTH, RANGE 13 EA D SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED A� Ilms: FENCING AT THE NORTH ONE -QUARTER (N 1/a) CORNER OF SAID SECTI E SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC I MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET; % NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO '1 )F BEGINNING; E. CONTINUE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 65.2 'f. NORTH 25 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE 01 -EET; SOUTH 78 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE 01 1E SOUTH 64 DEGREES 25 MINUTES 17 SECONDS EAST, A DISTANCE OI i EET; .E SOUTH 44 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OI 'EET; " . SOUTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OI Ib A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO Tf A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A kG OF NORTH 15 DEGREES 14 MINUTES 03 SECONDS EAST; '.E WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVIN( OF 740.00 FEET AND A CENTRAL ANGLE OF 15 DEGREES 14 MINUTE! IDS FOR AN ARC DISTANCE OF 196.75 FEET TO A POINT OF TANGENCI ;f WEST A DISTANCE OF 159.69 FEET TO A POINT OF CURVATURE OF 'vT CURVE CONCAVE TO THE SOUTHEAST; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES S 40 SECONDS AN ARC DISTANCE OF 679.71 FEET TO A NON-TANGEP !E NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, A DISTANCE O l EET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE 'I r IF WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVIN( fOF 1,200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT: `JS FOR AN ARC DISTANCE OF 449.12 FEET TO THE POINT OF BEGINNI L3: :) VISTOSO NEIGHBORHOOD 10, PARCEL D :)RTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA N THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH, j LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING 01 108 DEGREES 23 MINUTES 05 SECONDS EAST; EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVE OF 1,200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT: J)S FOR AN ARC DISTANCE OF 449.12 FEET TO A POINT OF TANGENCI _ SOUTH 60 DEGREES 10 MINUTES 16 SECONDS EAST, 143.45 FEET TO bN THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHE. , LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING 01 4 52 DEGREES 37 MINUTES 40 SECONDS WEST; 'E SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, i A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 27 DEGREES 'ES 20 SECONDS FOR AN ARC DISTANCE OF 353.52 FEET TO A POINT 01 ,icy; SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST, 580.09 FEET TO OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWF 'F SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CURS -.xHT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 9 S 15 MINUTES 41 SECONDS FOR AN ARC DISTANCE OF 1,576.52 FEET NGENT LINE; �E NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 131.59 FEET; ,F, NORTH 56 DEGREES 00 MINUTES 00 SECONDS EAST, 400.73 FEET; .E NORTH 48 DEGREES 39 MINUTES 41 SECONDS EAST, 150.00 FEET TO )F CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWF JE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, 'G A RADIUS OF 200.00 FEET AND A CENTRAL ANGLE OF 19 DEGREES t _yy"S 19 SECONDS FOR AN ARC DISTANCE OF 66.86 FEET TO A POINT OF r S FOR AN ARC DISTANCE OF 82.35 FEET TO ANON -TANGENT LINE; E NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST, 354.96 FEET; JE NORTH 02 DEGREES 00 MINUTES 00 SECONDS EAST, 96.79 FEET; JE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 11.79 FEET TO OF BEGINNING. F',L 4: 40 VISTOSO NEIGHBORHOOD 10, PARCEL 10-E (EXCLUDING OLD PART i ORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA I IVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: ;NCING AT THE NORTH 1/a CORNER OF SAID SECTION 26; JE SOUTH 00 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG THE NC MID -SECTION LINE A DISTANCE OF 1764.52 FEET TO A POINT ON THE JERLY RIGHT-OF-WAY LINE OF PEBBLE CREEK DRIVE RECORDED IN JT 12109, PAGE 657, BEING THE POINT OF BEGINNING; �E NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC iNGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A :AL ANGLE OF 16 DEGREES 53 MINUTES 04 SECONDS, A RADIAL LINE GH SAID POINT BEARS SOUTH 36 DEGREES 06 MINUTES 56 SECONDS N ARC DISTANCE OF 291.74 FEET TO A POINT OF A NON -TANGENT LIN 'F. SOUTH 53 DEGREES 00 MINUTES 00 SECONDS EAST, 525.60 FEET TO )N THE EASTERLY LINE OF A PARCEL RECORDED IN DOCKET 10272, LLOWING 10 COURSES BEARINGS AND DISTANCES ARE ALONG SAIL I,NGLE OF 97 DEGREES 42 MINUTES 33 SECONDS, FOR AN ARC DISTAT OF 255.80 FEET TO A POINT OF TANGENCY; THENCE SOUTH 44 DEGREES 14 MINUTES 58 SECONDS EAST, 493.16 FE WHENCE SOUTH 20 DEGREES 00 MINUTES 00 SECONDS WEST, 234.68 FI THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST, 876.17 FI THENCE SOUTH 51 DEGREES 00 MINUTES 00 SECONDS WEST, 143.68 FI ► POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 20 DEGREES 41 MINUTES 01 SEC ,AST; i'HENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, IAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 41 DEGREE; vlINUTES 14 SECONDS, FOR AN ARC DISTANCE OF 107.39 FEET TO A PI OF TANGENCY; HENCE SOUTH 69 DEGREES 39 MINUTES 46 SECONDS WEST, 319.72 FI POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE 'HROUGH SAID POINT BEARS NORTH 88 DEGREES 51 MINUTES 31 SEC LAST; 'WHENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE [AVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 34 DEGREE'' MINUTES 11 SECONDS, FOR AN ARC DISTANCE OF 91.46 FEET TO A PO )F TANGENCY; 'HENCE NORTH 36 DEGREES 00 MINUTES 00 SECONDS WEST, 301.69 R TO A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL :ECORDED IN DOCKET 8162, PAGE 569; E SOUTH 67 DEGREES 57 MINUTES 45 SECONDS EAST, ALONG SAID P, � DISTANCE OF 207.96 FEET; IL LINE A DISTANCE OF 265.32 FEET TO A POINT OF CURVATURE OF A ,NT CURVE CONCAVE TO THE SOUTH; 1, WESTERLY ALONG SAID PARCEL LINE ALONG THE ARC OF SAID C' . LEFT, HAVING A RADIUS OF 2360.00 FEET, A CENTRAL ANGLE OF 14 �' ES 00 MINUTES 00 SECONDS, FOR AN ARC DISTANCE OF 576.66 FEET )F TANGENCY; E NORTH 75 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID ;L LINE A DISTANCE OF 237.99 FEET TO A POINT ON THE EASTERLY LI 'EL RECORDED IN DOCKET 10272, PAGE 1908; E NORTH 03 DEGREES 30 MINUTES 00 SECONDS EAST, ALONG SAID L NCE OF 104.53 FEET; NORTH 04 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID L CE OF 39.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY L i LE CREEK DRIVE RECORDED IN DOCKET 12109, PAGE 657; SAID POI] N THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH 13EARS SOUTH 18 DEGREES 24 MINUTES 29 SECONDS WEST; NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC NGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A r(CL ANGLE OF 54 DEGREES 31 MINUTES 25 SECONDS, FOR AN ARC E OF 942.10 FEET TO THE POINT OF BEGINNING. LL 5: 40 VISTOSO NEIGHBORHOOD 10, PARCEL E PORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA [VER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED A► )WS: «NCING AT THE NORTHWEST CORNER OF THE SAID SECTION 26; - - - - - - - --- - - - - - -- - 7 - -- - - - - - - -- - -- - - - - - -- - - - - ' - 7 - - - - -- --- - 7 A RADIUS OF 815.00 FEET AND A CENTRAL ANGLE OF 075 DEGREES . S 00 SECONDS FOR AN ARC DISTANCE OF 1,073.94 FEET TO A POINT INCY; SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE O] "EET TO THE POINT OF BEGINNING; �E SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol EET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE' )UTH; ,F EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVP OF 2,360.00 FEET AND A CENTRAL ANGLE OF 014 DEGREES 00 MINU' ADS FOR AN ARC DISTANCE OF 576.66 FEET TO A POINT OF TANGENC) T SOUTH 61 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE O] i EET; ,E SOUTH 28 DEGREES 19 MINUTES 44 SECONDS WEST, A DISTANCE O "-'EET; SOUTH 58 DEGREES 49 MINUTES 44 SECONDS WEST, A DISTANCE O FEET; 4 67 DEGREES 57 MINUTES 45 SECONDS WEST, A DISTANCE OF 350.001 118 DEGREES 25 MINUTES 58 SECONDS WEST, A DISTANCE OF 505.00 l 'E NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, A DISTANCE O: -EET TO THE POINT OF BEGINNING. 'ING THEREFROM, THAT PARCEL OF LAND DESCRIBED IN THE DEED MED IN DOCKET 10272, PAGE 1850, DESCRIBED AS FOLLOWS: RTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA tIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED X SAID PARCEL 12.33 FEET; JE SOUTH 03 DEGREES 30 MINUTES 00 SECONDS WEST, 540.47 FEET; JE SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST, 37.46 FEET TO F 126311, SAID POINT BEING ON THE WESTERLY LINE OF SAID PARCEL; 118 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG SAID WEST LIN EET TO AN ANGLE POINT; NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, ALONG SAID M 90.00 FEET TO THE POINT OF BEGINNING; ,TIER WITH: CRTION OF SAID PARCEL RECORDED IN DOCKET 8162, PAGE 569, ED AS FOLLOW: ENCING AT THE SAID "POINT 126311; I SOUTH 18 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAIDw .85 FEET TO THE POINT OF BEGINNING; SOUTH 36 DEGREES 00 MINUTES 00 SECONDS EAST, 358.01 FEET TO IERLY LINE OF SAID PARCEL; 167 DEGREES 57 MINUTES 45 SECONDS WEST, ALONG SAID SOUTHER ' z.04 FEET TO AN ANGLE POINT; 18 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG THE WESTERL) Tl PARCEL 249.12 FEET TO THE POINT OF BEGINNING. RECORDED BY: RBP DEPUTY RECORDER 3591 ROOC P1600 PIMA CO DEPT TRANSPORTATION PICK UP •* PAGE: ----1 Op NO. OF PAGES: 3 SEQUENCE: 19992040001 10/22/1999 .!$? 01y4► EASMNT Op : 2 6 PICKUP AMOUNT PAID $ Q.00 SEWER EASEMENT Vistoso Golf Partners, L.L.C, an Arizona limited liability company "Grantor", does hereby grant to Pima County, a political subdivision of the State of Arizona, "Grantee", a permanent easement for the construction, installation, maintenance, repair, operation, replacement and removal of sewer lines, manholes and appurtenances in, over, under and across the real property described on the attached Exhibit "A" (the "Property"). Grantee may enter on the Property and may dig ditches and install sewer lines and may eriter the Property at all reasonable times for the purpose of construction, maintenance, repair, service, replacement and removing any sewer lines, manholes and appurtenances. Following any use of the Property for the above purposes, Grantee will restore the Property to a good and clean condition. Grantor may use the Property for any purpose not inconsistent with the actual exercise of the easement for sewer purposes. However, Grantor covenants to keep the easement area open and free from any obstruction, or encroachment at all times, so that the Grantee may access its vehicles to its facilities at any time. THIS EASEMENT granted this i day of �/ , 1999. VISTOSO GOLF PARTNERS L.L.C., AN ARIZONA BII1T}YCOMPANY 12% By: Title: STATE OF ARIZONA ) ss COUNTY OF PIMA ) This instrument was acknowledged before me this f q�Iday of OCA kw by �i cic Ma -CS as P ro c e C MaA-, fig ✓ of Vistoso Golf Partners L.L.C., an Arizona Limited Liability Company. T "OFFICIAL SEAL" Tdf any Loeper Notary PublicAftona Not ub i*fo''. Pima County My Commis y Co,amission ill's 31 c Board of Supervisors Approval: N/A Ste_ fT 11S /R 13E Agent: MLS File #: N/A Activity #: HYX851 I P [ J De [ J Do [ J E [ J i SEWEUASEMENT.VistowW.jt Revised to correct commencement point September 8, .1999 September 2, 1999 WLB No. 185050-A-42D-'1003 Pr W:\LEGALSkl85050\NhIOXSewer.Eas .wpd d0V�. XHIBIT A RANCHO VISTOSO NEIGHBORHOOD 10 Strips of land within Section 26, Township 11 South, Range 13 East, Gila and Salt River Meridian, Pima County, Arizona, the widths and center lines of said strips being described as, follows: SEWER EASEMENT 1) A 20 foot wide strip of land lying 10 feet on each side of the following described centerline: COMMENCING at the West One -Quarter (W 1/4) comer of said Section 26; THENCE S 00002'10" E, along the West line of said Section, a distance of 605.73 feet; THENCE N 89057'50" E, 1,445.29 feet to POINT OF BEGINNING (1); THENCE N 5401T33" E, 711.12 feet, to POINT OF TERMINUS (1). SEWER S PUBLIC UTILITY EASEMENT 2) A 25 foot wide strip of land lying 10 feet on the Northeasterly side and 15 feet on the Southwesterly side of the following described centerline: COMMENCING at said POINT OF TERMINUS (1); THENCE S 6903T17" E, 505.00 feet, to the POINT OF BEGINNING (2); THENCE S 33°5T46" E, 460.04 feet, to the POINT OF TERMINUS (2). Prepared by: THE WLB GROUP, INC. Douglas E. Schneider, RLS Page 1 of 2 t C 1 /4 COR 27 26 I I Flo �Io U1 N W �- 'r It Irq r I N89°57'50'E Sri 445 ; \ ` C \ 6ga3 50500,E P.0.8-- 2 r•nti F-00URSE e V� 4#!- G P.O.T—(2) EXHIBIT TO ACCOMPANY DESCRIPTION OF PUBLIC SEWER & UTILITY EASEMENTS - WITIRY RANCHO VISTOSO NEIGHBORHOOD --10 SECTION 26, T. 11 S., R. 13 E., G.S.R.M., The PIMA COUNTY, ARIZONA WLB WLB# ppro ect No. 185050—A42D-1003X Group 9-2-99 :\ 185050\NEIGH 10\PAR--E\SEWER—EX8TWG • Pri IW'I I"ti'I 1"••".l I"191 Pi o-.. �. w. Arizona 85028 St6Lf I I MEMORANDUM OF AGREEMENT REGARDING LOT PREMIUMS his JMemorandum of Agreement Regarding Lot Premiums (this "Memoranda day of October, 2013, by and among VISTOSO HOLDINGS, LLC) an, ability company ("VH"), and VISTOSO HOLDINGS TWO, LLC, an Arizona company ("VH2" and, collectively with VH, "Seller"), and MARACAY 91, L.l _limited liability company ("Buyer"). Seller and Buyer may be collectively ref l� the "Parties". RECITALS A. Concurrently herewith, pursuant to that certain Purchase and Sale Ag: I Seller and Buyer dated January 11, 2013, as may have been amended from time 'urchase Agreement"), Seller has conveyed to Buyer the property legally desci "1" attached hereto (the "Property"). Capitalized terms used herein but not of I herein shall have the meanings given to such terms in the Purchase Agreement. B. Pursuant to the Purchase Agreement, Buyer agreed to pay Lot P ration, if applicable, to Seller upon the Retail Closing for each Lot within the Pr( The Parties are recording this Memorandum to evidence the obligation o 1,ot Premium Consideration, if applicable, to Seller. Because the Property will not have been subdivided into the Lots at the ( norandum is being recorded against the Property. At such time as the Final Plat has been recorded, the Parties shall m ri0 and restated version of this Memorandum against only the Lots on the Final Pl< -)n to pay Lot Premium Consideration is only intended to encumber the Lots as Final Plat. Flwt-;3:101:VA OW, THEREFORE, for good and valuable consideration, the receipt and adeq e hereby acknowledized, the Parties hereby agree and Rive notice that, subiec Running With the Land. The Parties hereby acknowledge that, subjec d conditions of Section 4 below, the Property, and all interests therein, shall be iveyed, leased, mortgaged, encumbered, used, occupied and improved subjec On of Buyer or its assignee to pay Lot Premium Consideration, if applicable, ti Retail Closing for each Lot within the Property after the Final Plat has been rE Ntanding the foregoing or anything to the contrary contained herein, the obligatio: iium Consideration shall not be binding on any person who acquires a Lot wi y at a Retail Closing. Termination of Memorandum. As set forth in Section 2 above, the oblig Premium Consideration is not binding on any person who acquires a Lot wi y at a Retail Closing, which is a closing of the sale of a Lot within the Property tc ter, with a single-family home constructed thereon. Any title insurer shall rely when issuing any commitment to insure or when issuing a title insurance pi )n with a Retail Closing, and, accordingly, shall not show this Memorandur :)n to title on any commitment or title policy issued in connection with a Retail I iebuyer requests that this Memorandum be terminated of record at or after it and the title insurer does not already have in its possession a partial termination idum as to the applicable portion of the Property, Seller shall promptly exec jVch a partial termination. Notwithstanding any such partial termination, any ob ,ot Premium Consideration that has not been fully satisfied at the time of th( gas to portions of the Property other than the portions of the Property for wl on is recorded shall survive such partial termination until satisfied in full, & rTnination shall not constitute evidence of satisfaction of any obligation to j Consideration as to portions of the Property other than the portion of the Prof ho termination is recorded. 4, Amended and Restated Memorandum of Agreement Regarding Lot Pr( tanding the foregoing or anything to the contrary contained herein, at such tim )at has been recorded, the Parties shall record an amended and restated versior idum against only the Lots on the Final Plat. Upon recordation of the Final F dum shall automatically terminate with no action on the part of either of the Par f no further force or effect as to any portion Property ortion of the Pro ert which is or is abo Ted or dedicated to a public entity, landscape maintenance district or home, d )n as the obligation to a Lot Premium Consideration is only intended to er g PY Y as set forth on the Final Plat. ICAY 91, L.L.C., zona limited liability company -OF ARIZONA ) ) ss. of M AQ iC0a A ) The foregoing instrument was acknowledged before me this da neb,• , 2013, by 17to As Loyuxi the V.P. Lmm Atowts n&) y 91, L.L.C., an Arizona limited liability company. NiCHOLE SCHULTZ Notary Public.State of Arizona Maricopa County My Commission Expires March 24, 2016 Notary Public O HOLDINGS, LLC, a limited liability company VISTOSO HOLDINGS TWO, LLC, an Arizona limited liability company true Life Communities, LLC, California limited liability company, lts Class A Its: ,OF ARIZONA ) ) ss. of Maricopa ) By: True Life Communities, LLC, a California limited liability con its Manager By: eL_t= Name: — its: ]J-~' ,nc -Z The foregoing instrument was acknowledged before iA this 2013, by the C .fe Communities, LLC, a California limited liability company, the Class A Mar. 0 HOLDINGS, LLC, an Arizona limited liability company. QF ARIZONA pf Maricopa OFFOOK a& WE HARE MARKMACOUNTY My C0flIIN. E*n Uq14, W ss. } Notary Public he foregoing instrument was acknowledged before this , 2013, by T ,� � D iQ4rO,�•J the Xt! agiz fr, Communities, LLC, a California limited liability company, the Manager of Vh JGS TWO, LLC, an Arizona limited liability company. / A t1,4411 I inerty in the County of Pima, State of Arizona, described as follows: 11L 1: O VISTOSO NEIGHBORHOOD 11, PARCEL AL ORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA OVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS [ENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26 G SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 1,764.52 FEI IT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVD G OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; ,_F NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, i G A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 43 DEGREES �S 04 SECONDS FOR AN ARC DISTANCE OF 758.27 FEET TO A POINT O: NCY; .E NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO 9F CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEA NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT U A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 28 DEGREES ?S 34 SECONDS FOR AN ARC DISTANCE OF 325.91 FEET TO THE POINZ NING; I CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO HAVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 51 IS 42 MINUTES 26 SECONDS FOR AN ARC DISTANCE OF 595.62 FEET T )F TANGENCY; EAST, 159.69 FEET TO A POINT OF CURVATURE OF A TANGENT CUR .E SOUTH 27 DEGREES 00 MINUTES 00 SECONDS EAST, 206.00 FEET; I SOUTH 34 DEGREES 00 MINUTES 00 SECONDS WEST, 112.95 FEET; ;E SOUTH 48 DEGREES 00 MINUTES 00 SECONDS WEST, 50.47 FEET TO 1 )N THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTH,, L LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O] 03 DEGREES 59 MINUTES 09 SECONDS EAST; WESTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVI 'S OF 950.00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTE! _)S FOR AN ARC DISTANCE OF 560.67 FEET TO A POINT OF TANGENC) iIi; NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, 648.62 FEET TC OF BEGINNING. 1L 2: D VISTOSO NEIGHBORHOOD I I, PARCEL AK 4ORTION OF SECTIONS 23 AND 26, TOWNSHIP 11 SOUTH, RANGE 13 EA ND SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS VS: ;NCING AT THE NORTH ONE -QUARTER (N 1/a) CORNER OF SAID SECTI SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC I MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET; 'r NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO '] ')F BEGINNING; ��: CONTINUE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 65.2 SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, 10 A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 63 DEGREES 3S 01 SECONDS FOR AN ARC DISTANCE OF 167.42 FEET TO A POINT O: .NCY; :E SOUTH 64 DEGREES 25 MINUTES 17 SECONDS EAST, A DISTANCE OI EET; ? SOUTH 44 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OI ET; SOUTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OI A POINT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO Tf A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A IG OF NORTH 15 DEGREES 14 MINUTES 03 SECONDS EAST; WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT HAVIN( [r OF 740.00 FEET AND A CENTRAL ANGLE OF 15 DEGREES 14 MINUTE, 0S FOR AN ARC DISTANCE OF 196.75 FEET TO A POINT OF TANGENC) I WEST A DISTANCE OF 159.69 FEET TO A POINT OF CURVATURE OF vT CURVE CONCAVE TO THE SOUTHEAST; SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES IPS 40 SECONDS AN ARC DISTANCE OF 679.71 FEET TO A NON-TANGE? ;E NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, A DISTANCE C JEET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE I I; .� WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVIN( 3) OF 1,200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT JPS FOR AN ARC DISTANCE OF 449.12 FEET TO THE POINT OF BEGINNI SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET' INT OF BEGINNING; NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO) ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH, , LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O: 08 DEGREES 23 MINUTES 05 SECONDS EAST; EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVE OF 1,200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT 1j)S FOR AN ARC DISTANCE OF 449.12 FEET TO A POINT OF TANGENC) T SOUTH 60 DEGREES 10 MINUTES 16 SECONDS EAST, 143.45 FEET TO ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHE. LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O: 52 DEGREES 37 MINUTES 40 SECONDS WEST; ,E SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, 1 A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 27 DEGREES ES 20 SECONDS FOR AN ARC DISTANCE OF 353.52 FEET TO A POINT O: icy; SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST, 580.09 FEET TO OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWF 7E SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CUR) THT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF 9 ;ES 15 MINUTES 41 SECONDS FOR AN ARC DISTANCE OF 1,576.52 FEET ,NGENT LINE; NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 131.59 FEET; NORTH 56 DEGREES 00 MINUTES 00 SECONDS EAST, 400.73 FEET; �; NORTH 48 DEGREES 39 MINUTES 41 SECONDS EAST, 150.00 FEET TO NORTH 18 DEGREES 40 MINUTES 51 SECONDS EAST, 672.65 FEET TO bF CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; :E NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVI OF 75.00 FEET AND A CENTRAL ANGLE OF 62 DEGREES 54 MINUTES IDS FOR AN ARC DISTANCE OF 82.35 FEET TO A NON -TANGENT LINE; NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST, 354.96 FEET; " NORTH 02 DEGREES 00 MINUTES 00 SECONDS EAST, 96.79 FEET; NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 11.79 FEET TO I F BEGINNING. ILL 4: 40 VISTOSO NEIGHBORHOOD 10, PARCEL 10-E (EXCLUDING OLD PAR( )RTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA DIVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: ;FNCING AT THE NORTH 1/4 CORNER OF SAID SECTION 26; TF SOUTH 00 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG THE NC MID -SECTION LINE A DISTANCE OF 1764.52 FEET TO A POINT ON THE I�RLY RIGHT-OF-WAY LINE OF PEBBLE CREEK DRIVE RECORDED IN C 12109, PAGE 657, BEING THE POINT OF BEGINNING; NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC 1,NGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A a �L ANGLE OF 16 DEGREES 53 MINUTES 04 SECONDS, A RADIAL LINE T JH SAID POINT BEARS SOUTH 36 DEGREES 06 MINUTES 56 SECONDS ARC DISTANCE OF 291.74 FEET TO A POINT OF A NON -TANGENT LIN _Ei SOUTH 53 DEGREES 00 MINUTES 00 SECONDS EAST. 525.60 FEET TO - - -- - - - - - ' -J - - - -- -- - -- -- '- 'HROUGH SAID POINT BEARS NORTH 36 DEGREES 32 MINUTES 25 SEC WEST; THENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SA] .URVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 97 DEGREES 42 MINUTES 33 SECONDS, FOR AN ARC DISTAL` >F 255.80 FEET TO A POINT OF TANGENCY; 'HENCE SOUTH 44 DEGREES 14 MINUTES 58 SECONDS EAST, 493.16 FE 'HENCE SOUTH 20 DEGREES 00 MINUTES 00 SECONDS WEST, 234.68 FF THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST, 876.17 FI THENCE SOUTH 51 DEGREES 00 MINUTES 00 SECONDS WEST, 143.68 FI POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE HROUGH SAID POINT BEARS NORTH 20 DEGREES 41 MINUTES 01 SEC 'AST; _HENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, RAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 41 DEGREE; 1INUTES 14 SECONDS, FOR AN ARC DISTANCE OF 107.39 FEET TO A P( bF TANGENCY; THENCE SOUTH 69 DEGREES 39 MINUTES 46 SECONDS WEST, 319.72 FI I POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88 DEGREES 51 MINUTES 31 SEC AST; HENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE [JAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 34 DEGREE; IINUTES 11 SECONDS, FOR AN ARC DISTANCE OF 91.46 FEET TO A PO ()F TANGENCY; HENCE NORTH 36 DEGREES 00 MINUTES 00 SECONDS WEST, 301.69 FI O A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL NORTH 61 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID ;. LINE A DISTANCE OF 265.32 FEET TO A POINT OF CURVATURE OF A vT CURVE CONCAVE TO THE SOUTH; WESTERLY ALONG SAID PARCEL LINE ALONG THE ARC OF SAID Cl LEFT, HAVING A RADIUS OF 2360.00 FEET, A CENTRAL ANGLE OF 14 -,S 00 MINUTES 00 SECONDS, FOR AN ARC DISTANCE OF 576.66 FEET I OF TANGENCY; T NORTH 75 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID , LINE A DISTANCE OF 237.99 FEET TO A POINT ON THE EASTERLY LI "EL RECORDED IN DOCKET 10272, PAGE 1908; NORTH 03 DEGREES 30 MINUTES 00 SECONDS EAST, ALONG SAID L: CE OF 104.53 FEET; NORTH 04 DEGREES 00 MINUTES 00 SECONDS EAST ALONG SAID L: CE OF 39.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY L LE CREEK DRIVE RECORDED IN DOCKET 12109, PAGE 657; SAID POI N THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH EARS SOUTH 18 DEGREES 24 MINUTES 29 SECONDS WEST; I NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC ..NGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A :AL ANGLE OF 54 DEGREES 31 MINUTES 25 SECONDS, FOR AN ARC CE OF 942.10 FEET TO THE POINT OF BEGINNING. L5: D VISTOSO NEIGHBORHOOD 10, PARCEL E DRTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA � JVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED A.4 'VS: ►RTHEAST; ,E SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, i A RADIUS OF 815.00 FEET AND A CENTRAL ANGLE OF 075 DEGREES _-"S 00 SECONDS FOR AN ARC DISTANCE OF 1,073.94 FEET TO A POINT "NCY; �E SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol EET TO THE POINT OF BEGINNING; SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE' UTH; 'E EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVD OF 2,360.00 FEET AND A CENTRAL ANGLE OF 014 DEGREES 00 MINU' S FOR AN ARC DISTANCE OF 576.66 FEET TO A POINT OF TANGENC) _E SOUTH 61 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol "7EET; SOUTH 28 DEGREES 19 MINUTES 44 SECONDS WEST, A DISTANCE O FEET; ".E SOUTH 58 DEGREES 49 MINUTES 44 SECONDS WEST, A DISTANCE O EET; 167 DEGREES 57 MINUTES 45 SECONDS WEST, A DISTANCE OF 350.001 18 DEGREES 25 MINUTES 58 SECONDS WEST, A DISTANCE OF 505.001 NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, A DISTANCE O; FEET TO THE POINT OF BEGINNING. ING THEREFROM, THAT PARCEL OF LAND DESCRIBED IN THE DEED ED IN DOCKET 10272, PAGE 1850, DESCRIBED AS FOLLOWS: 'SAID PARCEL 12.33 FEET; SOUTH 03 DEGREES 30 MINUTES 00 SECONDS WEST, 540.47 FEET; SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST, 37.46 FEET TO 1263"9 SAID POINT BEING ON THE WESTERLY LINE OF SAID PARCEL; 118 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG SAID WEST LIN] EET TO AN ANGLE POINT; NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, ALONG SAID A Q0.00 FEET TO THE POINT OF BEGINNING; 'TIER WITH: RTION OF SAID PARCEL RECORDED IN DOCKET 8162, PAGE 569, ED AS FOLLOW: J�NCING AT THE SAID "POINT 1263"; 'E SOUTH 18 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAID W 85 FEET TO THE POINT OF BEGINNING; ? SOUTH 36 DEGREES 00 MINUTES 00 SECONDS EAST, 358.01 FEET TO if RLY LINE OF SAID PARCEL; 167 DEGREES 57 MINUTES 45 SECONDS WEST, ALONG SAID SOUTHER Z.04 FEET TO AN ANGLE POINT; a 18 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG THE WESTERLN n PARCEL 249.12 FEET TO THE POINT OF BEGINNING. �L 6: �EMENT FOR INGRESS AND EGRESS AS AN APPURTENANCE TO PARC] (IVF.R A STRTP OF T.ANII 'lfl FF.F.T WTnF. i.YTNC; F.ARTF.RT.Y (1F THE _ vD SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, '..ABED AS FOLLOWS: :ENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26 ' SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC r MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 1764.52 FEE [TON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVIN NG OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; 1 NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 16 DEGREES ' S 04 SECONDS FOR AN ARC DISTANCE OF 291.74 FEET TO THE POINT 1TING; ,E CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO IT-AVING A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 27 DEG OTES 00 SECONDS FOR AN ARC DISTANCE OF 466.53 FEET TO A POINT "qCY; . NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO ()F CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEA; 'E NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE RIGH' i A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 28 DEGREES 'ES 34 SECONDS FOR AN ARC DISTANCE OF 325.91 FEET TO A NON- JT LINE; SOUTH 60 DEGREES 10 MINUTES 16 SECONDS EAST, 648.62 FEET TO QF CURVATURE OF TANGENT CURVE CONCAVE TO THE NORTH; T. EASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVIN OF 950.00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTE. IDS FOR AN ARC DISTANCE OF 560.67 FEET TO A NON -TANGENT LINE; E SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CUF LEFT, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF I�S 12 MINUTES 04 SECONDS FOR AN ARC DISTANCE OF 123.31 FEET T NGENT LINE; ..E SOUTH 16 DEGREES 00 MINUTES 00 SECONDS WEST, 77.98 FEET; "t NORTH 53 DEGREES 00 MINUTES 00 SECONDS WEST, 525.60 FEET TC F BEGINNING. T. Tatum Blvd., Suite 330 Arizona 85028 z% qeb \ MEMORANDUM OF RIGHT OF FIRST OPPORTUNITY THI MEMORANDUM OF RIGHT OF FIRST OPPORTUNITY ("Memorandu Al entered into the day of October, 2013, by and between VISTOSO HOLDI Arizona limited liability company ("Vff ), and VISTOSO HOLDINGS TWO, Una limited liability company ("VH2" and, collectively with VH, "Seller"), and ;AY 91, L.L.C., an Arizona limited liability company ("Buyer"). Seller and Buy 'L'tively referred to herein as the "Parties". RECITALS: A. Concurrently herewith, pursuant to that certain Purchase and Sale Agreemt Seller and Buyer dated January 11, 2013, as may have been amended from time I reement"), Seller has conveyed to Buyer the property legally described on Exhit hereto (the "Property"). Capitalized terms used herein but not otherwise define( ve the meanings given to such terms in the Agreement. Pursuant to the Agreement, Buyer granted Seller a right of first opportunity the Property. The parties desire to impart actual and constructive notice to all persons de Property of Seller's right of first opportunity pursuant to the terms of the Agreem AGREEMENT [NOW, THEREFORE, Buyer and Seller hereby impart actual and constructive nc s dealing with or interested in the Property of Seller's right of first opportunity N o the Property according to the terms and provisions of the Agreement. All persc 1 in acquiring any direct or indirect interest in the Property are advised to consult nd Buyer with respect to Buyer's right of first opportunity pursuant to the Agreem d Buyer each has a copy of the Agreement in its files, and any party dealing with y may contact either party for more information regarding Buyer's right of first ity with respect to the Property. CAY 91, L.L.C., 1• 1 1• 1 •1•. OF ARIZONA ) ) ss. of MP41"94 ) The foregoing instrument was acknowledged before me this da 2013, by Tirwnnns Ltrrn� U the V.P. L+�+-� J4t,�u�senutJ 91 L.L.C. an Arizona limited liability company. > y N1CHOU XHU-LT Notary Pubttc,State of Arizona Maricopa County My Commisslon Expires March 24, 2016 rM 1.Notary Public •:x. oO HOLDINGS, LLC, 6na limited liability company VISTOSO HOLDINGS TWO, LLC, an Arizona limited liability company True Life Communities, LLC, California limited liability company, its Class A Manager OF ARIZONA ) ) ss. of Maricopa ) By: True Life Communities, LLC, a California limited liability cor its Manager By: Name: Its: VU The foregoing instrument was acknowled ed before me this -Z" g 2013, by t the 4,V6 fp Communities, LLC, a California limited liability company, the Class A Mar O HOLDINGS, LLC, an Arizona limited liability company. oFw^I& sFx MIKE HARE No"o'A6oq►�o u� Ay Conw► 60w Arp 14 Ml DF ARIZONA ) ) ss. of Maricopa Notary Public he foregoing instrument was acknowledged before me this .00 Oft;, 2013, by �� �� 04 the � c�.v' ie Communities, LLC, a California limited liability company, the Manager of VI NGS TWO, LLC, an Arizona limited liability company. r i OFFICW N& Notary Public Legal Description of Property )erty in the County of Pima, State of Arizona, described as follows: L 1: O VISTOSO NEIGHBORHOOD 11, PARCEL AL ORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA IVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS FOLLOWS � NCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26 E SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 19764.52 FEI C ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE 1WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVIN [G OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 43 DEGREES :S 04 SECONDS FOR AN ARC DISTANCE OF 758.27 FEET TO A POINT O] ;'NCY; "F NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO )F CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEA; jL NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT i A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 28 DEGREES ?S 34 SECONDS FOR AN ARC DISTANCE OF 325.91 FEET TO THE POINT STING; lF CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO , �AVING A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 51 IS 42 MINUTES 26 SECONDS FOR AN ARC DISTANCE OF 595.62 FEET T, )F T A NCTFNC V - 7 - _ - _ _ - - _- - 7 ".E SOUTH 27 DEGREES 00 MINUTES 00 SECONDS EAST, 206.00 FEET; ,V SOUTH 34 DEGREES 00 MINUTES 00 SECONDS WEST, 112.95 FEET; T SOUTH 48 DEGREES 00 MINUTES 00 SECONDS WEST, 50.47 FEET TO, )N THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE NORTH, . L LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O: 03 DEGREES 59 MINUTES 09 SECONDS EAST; IE WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVI r OF 950.00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTE; -DS FOR AN ARC DISTANCE OF 560.67 FEET TO A POINT OF TANGENC) _E NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, 648.62 FEET TC )F BEGINNING. L2: O VISTOSO NEIGHBORHOOD 11, PARCEL AK ORTION OF SECTIONS 23 AND 26, TOWNSHIP 11 SOUTH, RANGE 13 EA D SALT RIVER MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED AS S: :NCING AT THE NORTH ONE -QUARTER (N 1/a) CORNER OF SAID SECTI iE SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC ! MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET; r NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO I F BEGINNING; .E CONTINUE NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 65.2 SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, A RADIUS OF 150.00 FEET AND A CENTRAL ANGLE OF 63 DEGREES S 01 SECONDS FOR AN ARC DISTANCE OF 167.42 FEET TO A POINT O: ,NCY; % SOUTH 64 DEGREES 25 MINUTES 17 SECONDS EAST, A DISTANCE Ol EET; SOUTH 44 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE Ol [T,ET; TF SOUTH 30 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE Ol -) A POINT ON THE ARC OF A NON —TANGENT CURVE CONCAVE TO Tl I A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A 'G OF NORTH 15 DEGREES 14 MINUTES 03 SECONDS EAST; J, WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVIN( OF 740.00 FEET AND A CENTRAL ANGLE OF 15 DEGREES 14 MINUTE; S FOR AN ARC DISTANCE OF 196.75 FEET TO A POINT OF TANGENC'C ,E WEST A DISTANCE OF 159.69 FEET TO A POINT OF CURVATURE OF " SIT CURVE CONCAVE TO THE SOUTHEAST; . SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, b A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 52 DEGREES 'sS 40 SECONDS AN ARC DISTANCE OF 679.71 FEET TO A NON—TANGEP t NORTH 60 DEGREES 10 MINUTES 16 SECONDS WEST, A DISTANCE O EET TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE T [; 7E WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVIN( OF 19200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT] jL)S FOR AN ARC DISTANCE OF 449.12 FEET TO THE POINT OF BEGINNI _E SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE N( 4 MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 25.55 FEET �INT OF BEGINNING; E NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 14.92 FEET TO ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTH, . 1. LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O 108 DEGREES 23 MINUTES 05 SECONDS EAST; "E EASTERLY ALONG THE ARC OF SAID CURVE, TO THE RIGHT, HAVI] OF 1,200.00 FEET AND A CENTRAL ANGLE OF 21 DEGREES 26 MINUT 4DS FOR AN ARC DISTANCE OF 449.12 FEET TO A POINT OF TANGENCI "E SOUTH 60 DEGREES 10 MINUTES 16 SECONDS EAST, 143.45 FEET TO DN THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHE ., LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING O .. 52 DEGREES 37 MINUTES 40 SECONDS WEST; _E SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, T A RADIUS OF 740.00 FEET AND A CENTRAL ANGLE OF 27 DEGREES VS 20 SECONDS FOR AN ARC DISTANCE OF 353.52 FEET TO A POINT O !NCY; E SOUTH 10 DEGREES 00 MINUTES 00 SECONDS WEST, 580.09 FEET TC OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE NORTHWI I SOUTHWESTERLY AND WESTERLY ALONG THE ARC OF SAID CUR` -JHT, HAVING A RADIUS OF 910.00 FEET AND A CENTRAL ANGLE OF S "IES 15 MINUTES 41 SECONDS FOR AN ARC DISTANCE OF 1,576.52 FEET iNGENT LINE; JE NORTH 15 DEGREES 00 MINUTES 00 SECONDS EAST, 131.59 FEET; E NORTH "56 DEGREES 00 MINUTES 00 SECONDS EAST, 400.73 FEET; IE NORTH 48 DEGREES 39 MINUTES 41 SECONDS EAST, 150.00 FEET TO . NORTH 18 DEGREES 40 MINUTES 51 SECONDS EAST, 672.65 FEET TO 6F CURVATURE OF A TANGENT CURVE CONCAVE TO THE WEST; :E NORTHERLY ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVI OF 75.00 FEET AND A CENTRAL ANGLE OF 62 DEGREES 54 MINUTES IDS FOR AN ARC DISTANCE OF 82.35 FEET TO A NON -TANGENT LINE; NORTH 13 DEGREES 00 MINUTES 00 SECONDS EAST, 354.96 FEET; ~E NORTH 02 DEGREES 00 MINUTES 00 SECONDS EAST, 96.79 FEET; ,E NORTH 35 DEGREES 00 MINUTES 00 SECONDS EAST, 11.79 FEET TO '7 OF BEGINNING. IL 4: 40 VISTOSO NEIGHBORHOOD 10, PARCEL 10-E (EXCLUDING OLD PART 'ORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA ZIVER MERIDIAN, PIMA COUNTY, ARIZONA DESCRIBED AS FOLLOWS: :ENCING AT THE NORTH I/a CORNER OF SAID SECTION 26; ,F, SOUTH 00 DEGREES 02 MINUTES 28 SECONDS EAST, ALONG THE NC -MID-SECTION LINE A DISTANCE OF 1764.52 FEET TO A POINT ON THE I�RLY RIGHT-OF-WAY LINE OF PEBBLE CREEK DRIVE RECORDED IN C 12109, PAGE 657, BEING THE POINT OF BEGINNING; NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE ARC ,NGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A �L ANGLE OF 16 DEGREES 53 MINUTES 04 SECONDS, A RADIAL LINE T rjJARC H SAID POINT BEARS SOUTH 36 DEGREES 06 MINUTES 56 SECONDS DISTANCE OF 291.74 FEET TO A POINT OF A NON -TANGENT LIN .i SOUTH 53 DEGREES 00 MINUTES 00 SECONDS EAST, 525.60 FEET TO 'HROUGH SAID POINT BEARS NORTH 36 DEGREES 32 MINUTES 25 SEC 'NEST; `'HENCE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SA: 'URVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 97 DEGREES 42 MINUTES 33 SECONDS, FOR AN ARC DISTAT )F 255.80 FEET TO A POINT OF TANGENCY; 'HENCE SOUTH 44 DEGREES 14 MINUTES 58 SECONDS EAST, 493.16 FE 'HENCE SOUTH 20 DEGREES 00 MINUTES 00 SECONDS WEST, 234.68 FI THENCE SOUTH 72 DEGREES 00 MINUTES 00 SECONDS WEST, 876.17 FI THENCE SOUTH 51 DEGREES 00 MINUTES 00 SECONDS WEST, 143.68 FI ► POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE 'HROUGH SAID POINT BEARS NORTH 20 DEGREES 41 MINUTES 01 SEC FAST; 'HENCE WESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 41 DEGREE; MINUTES 14 SECONDS, FOR AN ARC DISTANCE OF 107.39 FEET TO A PI bF TANGENCY; THENCE SOUTH 69 DEGREES 39 MINUTES 46 SECONDS WEST, 319.72 FI F POINT ON THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH SAID POINT BEARS NORTH 88 DEGREES 51 MINUTES 31 SE( AST; 'HENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE �JAVING A RADIUS OF 150.00 FEET, A CENTRAL ANGLE OF 34 DEGREE, IINUTES 11 SECONDS, FOR AN ARC DISTANCE OF 91.46 FEET TO A PO QF TANGENCY; THENCE NORTH 36 DEGREES 00 MINUTES 00 SECONDS WEST, 301.69 Fl `0 A POINT ON THE SOUTHERLY BOUNDARY LINE OF THAT PARCEL L; rE NORTH 61 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID ;. LINE A DISTANCE OF 265.32 FEET TO A POINT OF CURVATURE OF A NT CURVE CONCAVE TO THE SOUTH; E WESTERLY ALONG SAID PARCEL LINE ALONG THE ARC OF SAID C E LEFT, HAVING A RADIUS OF 2360.00 FEET, A CENTRAL ANGLE OF 14 ES 00 MINUTES 00 SECONDS, FOR AN ARC DISTANCE OF 576.66 FEET QF TANGENCY; "E NORTH 75 DEGREES 40 MINUTES 16 SECONDS WEST, ALONG SAID L LINE A DISTANCE OF 237.99 FEET TO A POINT ON THE EASTERLY Ll CEL RECORDED IN DOCKET 10272, PAGE 1908; NORTH 03 DEGREES 30 MINUTES 00 SECONDS EAST, ALONG SAID L 1 CE OF 104.53 FEET; _E NORTH 04 DEGREES 00 MINUTES 00 SECONDS EAST, ALONG SAID L CE OF 39.05 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY L LE CREEK DRIVE RECORDED IN DOCKET 12109, PAGE 657; SAID POI] N THE ARC OF A NON -TANGENT CURVE, A RADIAL LINE THROUGH EARS SOUTH 18 DEGREES 24 MINUTES 29 SECONDS WEST; �., NORTHEASTERLY ALONG SAID RIGHT-OF-WAY LINE AND THE AR( iNGENT CURVE TO THE LEFT, HAVING A RADIUS OF 990.00 FEET, A tAL ANGLE OF 54 DEGREES 31 MINUTES 25 SECONDS, FOR AN ARC CE OF 942.10 FEET TO THE POINT OF BEGINNING. L 5: 0 VISTOSO NEIGHBORHOOD 10, PARCEL E ORTION OF SECTION 26, TOWNSHIP 11 SOUTH, RANGE 13 EAST, GILA ? IVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, DESCRIBED A! DVS: iRTHEAST; E SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, i A RADIUS OF 815.00 FEET AND A CENTRAL ANGLE OF 075 DEGREES _-"S 00 SECONDS FOR AN ARC DISTANCE OF 1,073.94 FEET TO A POINT NCY; �E SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE OI EET TO THE POINT OF BEGINNING; E SOUTH 75 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol FEET TO A POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE ' UTH; �E EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVEN OF 2,360.00 FEET AND A CENTRAL ANGLE OF 014 DEGREES 00 MINU' S FOR AN ARC DISTANCE OF 576.66 FEET TO A POINT OF TANGENC) .E, SOUTH 61 DEGREES 40 MINUTES 16 SECONDS EAST, A DISTANCE Ol 'BEET; SOUTH 28 DEGREES 19 MINUTES 44 SECONDS WEST, A DISTANCE O BEET; % SOUTH 58 DEGREES 49 MINUTES 44 SECONDS WEST, A DISTANCE O EET; 67 DEGREES 57 MINUTES 45 SECONDS WEST, A DISTANCE OF 350.001 18 DEGREES 25 MINUTES 58 SECONDS WEST, A DISTANCE OF 505.001 H. NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, A DISTANCE O] FEET TO THE POINT OF BEGINNING. I NG THEREFROM, THAT PARCEL OF LAND DESCRIBED IN THE DEED ED IN DOCKET 10272, PAGE 1850, DESCRIBED AS FOLLOWS: F SAID PARCEL 12.33 FEET; E SOUTH 03 DEGREES 30 MINUTES 00 SECONDS WEST, 540.47 FEET; E SOUTH 13 DEGREES 00 MINUTES 00 SECONDS WEST, 37.46 FEET TO F 1263 ", SAID POINT BEING ON THE WESTERLY LINE OF SAID PARCEL; 118 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG SAID WEST LIN -TET TO AN ANGLE POINT; E NORTH 14 DEGREES 19 MINUTES 44 SECONDS EAST, ALONG SAID V �0.00 FEET TO THE POINT OF BEGINNING; OHER WITH: ORTION OF SAID PARCEL RECORDED IN DOCKET 8162, PAGE 569, ED AS FOLLOW: ItNCING AT THE SAID "POINT 1263"; `E SOUTH 18 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAID)A 1.85 FEET TO THE POINT OF BEGINNING; E SOUTH 36 DEGREES 00 MINUTES 00 SECONDS EAST, 358.01 FEET TO JF,RLY LINE OF SAID PARCEL; 167 DEGREES 57 MINUTES 45 SECONDS WEST, ALONG SAID SOUTHER 2.04 FEET TO AN ANGLE POINT; 18 DEGREES 25 MINUTES 58 SECONDS WEST, ALONG THE WESTERLI PARCEL 249.12 FEET TO THE POINT OF BEGINNING. rl,L 6: CEMENT FOR INGRESS AND EGRESS AS AN APPURTENANCE TO PARC OVER A STRIP OF LAND -10 FEET WIDE INING EASTERLY OF THE ND SALT RIVER BASE AND MERIDIAN, PIMA COUNTY, ARIZONA, 411BED AS FOLLOWS: [ENCING AT THE NORTH ONE -QUARTER CORNER OF SAID SECTION 26 -F, SOUTH 00 DEGREES 01 MINUTES 41 SECONDS EAST, ALONG THE NC MID -SECTION LINE OF SAID SECTION 26, A DISTANCE OF 1764.52 FEE JT ON THE ARC OF A NON -TANGENT CURVE CONCAVE TO THE WEST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVEN NG OF SOUTH 36 DEGREES 06 MINUTES 56 SECONDS EAST; _'E NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, ru A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 16 DEGREES f ES 04 SECONDS FOR AN ARC DISTANCE OF 291.74 FEET TO THE POINI 1 UNG; .E CONTINUE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, TO �FAVING A RADIUS OF 990.00 FEET AND A CENTRAL ANGLE OF 27 DEG IJTES 00 SECONDS FOR AN ARC DISTANCE OF 466.53 FEET TO A POINT vCY; NORTH 10 DEGREES 00 MINUTES 00 SECONDS EAST, 580.09 FEET TO OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHEA, :E NORTHEASTERLY, ALONG THE ARC OF SAID CURVE, TO THE RIGH' I A RADIUS OF 660.00 FEET AND A CENTRAL ANGLE OF 28 DEGREES ,ES 34 SECONDS FOR AN ARC DISTANCE OF 325.91 FEET TO A NON- vT LINE; SOUTH 60 DEGREES 10 MINUTES 16 SECONDS EAST, 648.62 FEET TO ()F CURVATURE OF TANGENT CURVE CONCAVE TO THE NORTH; T EASTERLY, ALONG THE ARC OF SAID CURVE, TO THE LEFT, HAVIN OF 950.00 FEET AND A CENTRAL ANGLE OF 33 DEGREES 48 MINUTE! TDS FOR AN ARC DISTANCE OF 560.67 FEET TO A NON -TANGENT LINE; JE SOUTHWESTERLY AND SOUTHERLY ALONG THE ARC OF SAID CUF E LEFT, HAVING A RADIUS OF 75.00 FEET AND A CENTRAL ANGLE OF S 12 MINUTES 04 SECONDS FOR AN ARC DISTANCE OF 123.31 FEET T NGENT LINE; I SOUTH 16 DEGREES 00 MINUTES 00 SECONDS WEST, 77.98 FEET; ;E NORTH 53 DEGREES 00 MINUTES 00 SECONDS WEST, 525.60 FEET TC F BEGINNING. A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF )RO VALLEY, ARIZONA, AUTHORIZING AND APPROVING VACATING OF THE RIGHT-OF-WAY ON PEBBLE CREEK DRIVE EAS, pursuant to A.R.S. § 9-276, the Town is authorized to lay out, maintain, cc tnage public roads within its jurisdictional boundaries; and :SEAS, pursuant to A.R.S. § 28-7205, the Town has the authority to vacate any roat >ngs to the Town by Resolution; and EAS, the Town desires to vacate the existing Pebble Creek Drive which lays to thf alomas Dr; and AS, it is in the best interest of the Town to vacate the existing portion of Pebble ist of Maspalomas Dr. THEREFORE, BE IT RESOLVED, by the Mayor and Council of the Town of Arizona, that: ION 1. The Pebble Creek Drive, described in Exhibit "A" and attached hereto b, ;e, is hereby vacated. ON 2. The vacated right-of-way of Pebble Creek Drive, described in Exhibit .d hereto and incorporated herein by this reference, is hereby approved. ED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona of June, 2014. TOWN OF ORO VALLEY Dr. Satish 1. HirematK Mayor Bower, Town Clerk Ii Tobin Sidles, Legal Services Director �/moo/iy Die: Jr s�l 4 a+�- x rpayr il`.:1� ,q � y � •� � �� �,p, ,r.:e+� � Tf I���tVJ''" „ 1. �'� F i�4�9� ��,\�pa {y y,,' � f+ :Ca`�,4 �2 � Rw. .r Y� �4�}1 �'M �••� � IT PP s.. a t. N •� �j f: ,„•p�r,�'^ toy ;�•=%+'«r,�� j r _ '�''S '�° v or i a 'R't " � .•, ��t����2tu,ar�"�44. 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' � Y-� '+r ' •+ .� *i* ��' i' � ���'•y'r a� '!�" :,. "�� � �an� � r e't r 1 y ,� + a. : , Y ` E y � � �� ... ti y " F �` ^m �' t J; -� u ' : i qp�>«.w.fi r t "0,{. �' y F,' `•flr•"`� 3�•`.i�-.,,t��S « 1 t ' �t 1 \' 9 r�' s .1; 'iG v^ ' t' a. �,�,. Y• ay � x � r . A" ".r �, rag { a' � v^ • y'. ''7' � .yam, �y.r y ::"1 ;, �»•u'} :R:".'+s:^z.•i�e.»«k,��"��:�. .�.° �k[ fi. $. .�,. •e.° x3wS. %^'� • .: f': TEMPORARY UTILITY EASEMENT .L;AY 91, L.L.C., an Arizona limited liability company, ("Grantor"), does hereb Oro Valley Water Utility, ("Grantee"), a temporary easement and right -of wC, and egress and a utility easement on, over, under, and through the burdened escribed in Exhibit "A", attached hereto and incorporated herein by this refere asement Property"). Grantee is hereby granted the right to lay, construct, operal , inspect, repair, replace, relocate and remove utility facilities and appurtenan Ruler, and through the burdened land as shown in Exhibit "A", attached hereto ar. -.ted herein by this reference (the "Facilities"). Notwithstanding anything herein ,r the Easement shall automatically terminate and be of no further force and effect upoi notification to Grantee that Grantor has constructed a water line (the "Replacement I lacing the Facilities and such Replacement water Line has been accepted by the To` A y. Grantee shall execute such documents and instruments as may be reasonably nec( race the termination of the easement. ay enter the Property at all reasonable times necessary or convenient to acco: oing. Following entry for the above purposes, Grantee shall restore the Prop id clean condition, and if the property is paved, restore said pavement. This easement is subject to the following conditions: 1. Grantor may use said right-of-way and easement for any purposc inconsistent with actual use of said right-of-way and utility easement f purposes herein granted, so long as Grantee's use and access to this right-( and easement is not obstructed. 2. Grantor warrants that it holds good title to the burdened land, and there the authority and right to enter into this agreement. 3. All easements and rights described herein are easements and rights runnin the land, and shall inure to the benefit of, and are binding on, Grants Grantor, their successors and assigns, respectively. 4. Any and all easements and rights granted herein shall be freely assignable by ( [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] R: Y 91, L.L.C., 1 limited liability company DF ARIZONA } } ss. "Pima foregoing instrument was acknowledged before me this 20to day of R1 IT-4 , 20 1y KAS 14 L,*-4-t/ , the V. P. J,& &Qgattt�1 of MARACAY 91, L.L.C., an A Ed liability company, on behalf of such entity. mission Expires:IWAr-CM A 201U NICt OLf SCHuLTZ Notary Public.81ata otAriton Marlcopa County My Commission Expkes March 24, 2016 RANCHO VISTOSO NEIGHBORHOOD IG& 11 PUBLIC UTILITY EASEMENT Utility Easement over, under and across a portion of Pebble Creek Drive, a roadway d in Docket 12019 at Page 657 in the office of the Pima County, Arizona Recorder, khin portions of Section 23, and Section 26, Township 11 South, Range 13 East, Gila River Meridian, Pima County, Arizona, said easement being 40.00 feet on each side awing described centerline; i�OIV MENCING at the centerline intersection of Pebble Creek Drive and Maspalornas shown on sheet 11 of 16 of Rancho Vistoso Neighborhood 10 Parcels B and C, and Jrhood 11 Parcel AC, a sub -division of record in the office of the Pima County, Arizon ,)r, in Book 58 of Maps and Plats at Page 84, said point being on a curve concave to 1 st, having a radius of 500.00 feet, a radial line passing through said point bears V44" W ; THENCE Easterly along said curve, through a central angle of 44014'19", a distance ( let to a point of reverse curvature, said curve being concave to the Northwest, havin )t 950.00 feet; HENCE Northeasterly along said curve, through a central angle of 06"14'54", a distr " ) feet to a point hereafter described as "POINT A', a radial line passing through saic cars S 19015'41" W; 'HENCE continue Northeasterly along said curve, through a central angle of 00 051'1 ^.e of 14.15 feet to the TRUE POINT OF BEGINNING; THENCE continue Northeasterly along said curve, through a central angle of 98 024'; .e of 1631.67 feet; HENCE N 10000'00" E a distance of 580.09 feet to the beginning of a curve, conca\� itheast, having a radius of 700.00 feet; Y'HENCE Northeasterly along said curve, through a central angle of 80000'00„, a dish '16 feet; WHENCE N 90000'00" E a distance of159.69 feet to the beginning of a curve, concav, hwest, having a radius of 700.00 feet; 'HENCE Easterly along said curve, through a central angle of 15°14'03", a distance P . . .I I wlr2ILt"P /ti/W +7if�1%■!r\IYItA - - --J! -t i!" -- - - -! -- st---L .._L. -_!-3 -_!-A 1_____ AI 1:0MMENCING at the previously described `POINT A', said point being the TRUE OF BEGINNING; THENCE N 19115'41" E a distance of 40.00 feet to a paint on a curve, concave to the st, having a radius of 910.00 feet, a radial line passing through said point bears S 'lit W; THENCE Northeasterly along said curve, through a central angle of 00051'12", a dist< feet, a radial line passing through said point bears S 18"24"29" W; 'HENCE S 18"24"29" W a distance of 40.00 feet to a point on a curve, concave to th est, having a radius of 950.00 feet; :'HENCE Southwesterly along said curve, through a central angle of 00°51'12" a - of 14.15 feet to the TRUE POINT OF BEGINNING. COMMENCING at the previously described `PAINT B', said point being on a curve, to the Southwest, having a radius of 700.00 feet, said point being the TRUE POINT NING; THENCE Southeasterly along said curve, through a central angle of 1 8035'01 ", a of 227.04 feet, a radial line passing through said point bears N 33°49'04" E; "'"HENCE S 33°49'04" W a distance of 40.00 feet to a point on a curve, concave to t st, having a radius of 660.00 feet; 'HENCE Northwesterly along said curve, through a central angle of 18°35'01 ", a .e of 214.07 feet, a radial line passing through said point bears N 15°14'03" E; THENCE N 15014'03" E a distance of 40.00 feet to the TRUE POINT OF BEGIN NIN A by: .B GROUP, INC. RANCHO VMWS0 GPM S deD C C 'Wo'00'WWA AC Dx 58, Map P0.84 CUM :19841� WIN .• 219-29--41 M x4maY 91 "a IL re a W+ r 219--22-414A YARACAY 91 LLC �.• ,219 ,2z-41 � c,�Y 91 LLc. 91+LL it 80' 40 POINT *Er 219-20-4110 AFARACAY 91 L.L.C. .210-ZZ-4130 ALARAW 91 L.L.C. EXHIBIT TO ACCOMPANY DESCBIPT PUBMC UTIMTY EASEMENT • �PLLEY 4 oQ° Otis Development and Infrastructure Services r Planning Division 11000 N La Canada Drive, Oro Valley, Arizona 85737 - 520-229-4815 520-742-1022 (Fax) 00/ 6ED NOTICE TO APPLICANT— It is the applicant/owner's responsibility to ensure all private rules and regulations of the subdivision are adhered to. Contact your HOA or property management company to determine all applicable requirements. Initials APPLICATION FORM OV Case # (Office Use Only): / V Application Type: Deye,/O PM_0, A. Project Manager/Developer Name: 6>r•®q k-'a SSic-�-- Firm: G 11 �, S , 1_71AC: Address: ZZZZZ VZ" City: State: Telephone: ConZ- 519- 2372 Fax: ZqB - B. Property Owner (s), if more than one owner, attach list Name: !�o b M ✓� h Firm: CSSO COAAKUM'At Address:) (Q iL a �jr _V STo.�s City: Telephone:00) 3!�- 3,111 Fax: SZo C. Subject Property 2 Parcel/Tax Code: 2 2 ✓ —� l Legal Description/Property Address: Area of property: Existing Zoning:' S 0 Pt Is Proposed Zoning in conformance with General Plan Designation: PA D Existing Land Use: 11/4-D — lei✓✓{ Zip: tY 5C22 / II:�S$IGIL� 9(iigBII RGY�/IiZs,CGn, State: Zip: - U¢ 3 y Email: biTia rc,4i Sic vcGC�t/©vbVG ¢y '-Z Proposed Zoning: ral Plan designation? r ] NIA KYes [ ] No osed Land U D. Previous Applications Relating To This Property OV8- OV11- E. Reason For Request OV9- OV10- OV12- IV -I ' OV13- This application is true and correct to the best of my knowledge. I am the owner of the above described property or have been authorized by the owner to make this application. TZ1� �- 9� Date Signature Z�S� 1,611 L� LLEY q 0Z10 �P,S-L�y9 FOUNDED �9�A Development and Infrastructure Services October 3, 2014 David Noe NOE Engineering 706 E. Bell Road, Suite 108 Phoenix, AZ 85022 Send via email: dnoe(cD-noeeng.com Re: Second Formal Review: Sun City Vistoso revised development plan; First review revised landscape plan/ e),l t 2 ( I - Z`f Dear David: Staff offers the following comments concerning your recent re -submittal of the abovementioned projects: Planning Final Site Plan All Planning comments have been satisfied with this submittal. Final Landscape Plan All Planning comments have been satisfied with this submittal. Summary We look forward to the successful completion of your project. Please do not hesitate to contact me if you have any questions. Sincerely, 166 � Michael Spaeth, AICP Senior Planner Town of Oro Valley 520.229.4812 mspaeth(aborovalleyaz.gov Planning Permitting Inspection & Compliance Engineering Operations Transit (520) 229-4821 (520) 229-481 5 (520) 229-4815 (520) 229-4894 (520) 229-5070 (520) 229-4990 Caring.for our heritage, our cominimity, our future. 11000 N. La Canada Drive • Oro Valley, Arizona 85737 Fax: (520) 742-1022 • www.orovalleyDIS.com GENERAL NOTES 1. EXISTING ZONING IS RANCHO VISTOSO P.A.D. C-2 2. BUFFER YARD TYPE: BUFFERYARDS ARE NOT REQUIRED. 3. ALL PLANT MATERIAL SHALL MEET THE MINIMUM STANDARDS CONTAINED IN THE CURRENT EDITIONS OF THE ARIZONA NURSERY ASSOCIATION'S GROWER COMMITTEE RECOMMENDED TREE SPECIFICATIONS AND THE AMERICAN ASSOCIATION OF NURSERYMEN AS TO SIZE, CONDITION AND APPEARANCE. PLANTS SHALL BE FREE FROM PESTS, EGGS, DISEASES, AND REPRESENTATIVE OF SPECIES IN SIZE, QUALITY, FORM AND COLOR. PLANTS SHALL NOT BE ROOT BOUND, DAMAGED OR SUBSTANDARD IN ANY WAY. 4. THIS LANDSCAPE PLAN IS DESIGNED TO MEET THE REQUIREMENTS AND INTENTIONS OF THE ORO VALLEY LANDSCAPE CODE, SECTION 27.6. PER OVZCR CH. 27, MAINTENANCE, THE LANDSCAPE SHALL BE MAINTAINED, BY THE OWNER, AS FOLLOWS: A. REGULAR WATERING UNTIL PLANTS ARE FULLY ESTABLISHED AND CAPABLE OF SURVIVING WITHOUT IRRIGATION. B. CHECKING, ADJUSTING, REPAIR AND REPLACEMENT OF IRRIGATION EQUIPMENT, WITH THE ORIGINALLY SPECIFIED MATERIALS OR THEIR EQUIVALENTS, AS NECESSARY TO ENSURE WATER EFFICIENCY. C. PRUNING AND FERTILIZING AND REPLENISHING MULCH D. CLEARING OF DEBRIS AND WEEDS. E. REMOVAL AND REPLACEMENT OF DEAD PLANTS WITHIN 45 DAYS AND WITH PLANT MATERIALS OF THE SAME SPECIES AND OF SIMILAR SIZE AND QUALITY. F. REPAIR OF ARCHITECTURAL FEATURES. G. CHECKING, CLEARING AND REPAIR OF WATER COLLECTION BASINS, SPILLWAYS, AND DISTRIBUTION SYSTEMS INCLUDING MAINTENANCE OF BASIN INFILTRATION CAPABILITIES IN ACCORDANCE WITH THE APPROVED PLANS. H. INLET AND OUTLET STRUCTURES ARE TO BE KEPT FREE OF VEGETATION AND DEBRIS AT ALL TIMES. 1. REMOVING DEBRIS, SEDIMENT, SAND, AND GRAVEL CARRIED INTO STREETS OR PARKING AREAS WITHIN SEVENTY-TWO (72) HOURS OF NOTICE. 5. PROPOSED LANDSCAPE WILL BE WATERED WITH AN AUTOMATIC UNDERGROUND DRIP IRRIGATION SYSTEM. IRRIGATION SYSTEM WILL MEET ASIC MINIMUM STANDARDS. 6. TREE PLACEMENT TO BE FIELD ADJUSTED AS NEEDED TO AVOID PROPOSED UTILITIES AND OTHER CONCERNS. 7. DURING THE LIFE OF THE PROJECT, CONTROL AND ERADICATION OF NON-NATIVE INVASIVE PLANT SPECIES SUCH AS BUFFLEGRASS, FOUTAIN GRASS, SOFT FEATHER PAPPUSGRASS, RUSSIAN THISTLE, TELEGRAPH PLANT, DESERT BROOM, RAGWEED, PIGWEED, BURRO BRUSH, ETC.) SHALL BE WEEDED IN ORDER TO PREVENT THE SPREAD OF SUCH SPECIES ONTO ADJACENT PROPERTIES. The W W T1W IM Engineering Planning Surveying Landscape Architecture Urban Design WI R -A, — � Offices locatedin Tucson, , x and Flagstaff, Arizona and Las Vegas, Nevada. GroupWW S ' _ > 4444 Ec�st BroadwayTucson, Arizona (520) 881-7480 In SUN CITY VISTOSO RECREATION CENTER LANDSCAPE PLANS FOR PICKLE AND BOCCE BALL COURTS PAD GOLF COURSE "-D 'RUST. PUTTING d� 1, - �" ////, E%IST. GUMSIUCK 46 47 48 ' 49 50 73 87 12 45 74 44 86 13 72 54 53 52 51 75 kK_ 14 43 55 71 85 C66� 15 42 Y COUJRT 76 84 41 TIRE' 70 Q 16 U CI�'Y IS S 69 77 17 40 �. UNIT 2 3 9 (BK. 42, PC. 19 78 PAD 18 PAD MHDR 88 GOLF COURSE 38 S9 79 19 67 37 �' 80 P OPOM 20 � , 36 60 66 o� MW BALL 351 65 O 22 34 62 i 23 1tv" 33 63� O , 24r� 32 64Q O 25 t� 31 , O ° 2b' 30 Q 27 28 29 s- o PAD o i GOLF COURSE SUN C TY VISTOSO wr UNIT 8 (BK.PAD, MDR 0 SHEET INDEX SHEET 1................. COVER SHEET SHEET 2.................PLANTING PLAN SHEET 3.................PLANTING PLAN SHEET 4.................DETAILS & SPECIFICATIONS BASIS OF ELEVATION—, r P7 0 36 EXIST. 111 ADMINISTRdT10N SUN CITY VISTOSO BLDG. IUNIT 1, 35 t (BK.40, PG.53) 34 +. PAD, MHDR C.A. "A 33 [..A 32 45 PROJECT OVERVIEW SCALE: 1'= 150' OWNER/DEVELOPER SUN CITY VISTOSO COMMUNITY ASSOC. 1565 E. RANCHO VISTOSO BOULEVARD ORO VALLEY, AZ. 85755 (520) 852-3711 ATTN: MR. BOB MARI ANI bmaeiani@suncity0rovalley.com 110111►v PAD CESSIONS GOLF COURSE BLDG 94 FNT PAD GOLF COURSE LANDSDCAPE ARCHITECT THE WLB GROUP, INC. 4444 E. BROADWAY BLVD. TUCSON, AZ. 85711 (520) 881-7480 ATTN: GARY GRIZZLE ggrizzle0w1bgroup.com C.A. C.A. 9)A 59 83 82 81 N89'55'06'E 1100.V5 25 C.A. „A" 2. 23 22 / 21 Q� 4 44 20 APPROVAL 18 L 17 1T'20 THIS PROJECT SECTION 1/4 CORNER PLANNING & ZONING ADMINISTRATOR No. Date RECREATION \ T R COVER SHEEI 1565 E. RANCHO VISTOSO BLVD, PICKLE AND BOCCE BAI COURTS Project Sheet Title Revisiono 17 srATE IF mzom I 24 -­,,`?5 30 t LOCATION MAP BEING A PORTION OF SECTION 19 TOWNSHIP 11 SOUTH, RANGE 14 EAST, GAS.R.M. TOWN OF ORO VALLEY, PIMA COUNTY, ARIZONA 3'= 1 MILE ! o� 3 LEGEND: of c. zl - - 1259 - EXISTING CONTOUR 1258 NEW CONTOUR DITCH, SWALE, OR DRAINAGE I _ PROPERTY LINE ! - - EASEMENT/SET-BACK LINE ROAD CENTERLINE GRADING LIMITS l - - SECTION LINE l DRAINAGE FLOW C= 20.19 NEW ELEV. ! °J EXISTING ELEV. LIGHTING I RIP RAP, DETAILS PER PLAN SECTION CORNER Item OV1214-24 DATE REFi OV12� 00607 Sale AS SHOWN Job No.185126-G-007-0200 Date SEPTEMBER 2014 Desighed .By PNR Checked By GLG Igg� L ` a SEP 19 2014 BY: ....................... Two working days before you dig CALL FOR THE BLUESTAKES 1-8M-78?-534 Blue Stake Center Sheet of si 0 N 0 . CL d U U 0 m F-- z 0 C) z Q J / z o_ UJ U U) 0 z Q c2 o- 0 U c� U 0 r iJ z 7D CO 0 0 c� / L 00 i \ EXIS' PICKLE b COURTS 1 � r E190' 10' 20' 30' 6?%mm Th e WLB Groupie. Engineering Planning Surveying Landscape Architecture Urban Design Offices located in Tucson, Phoenix and Flagstaff, Arizona and Las Vegas, Nevada. 4444 Ec !st Brococlvvcay Tucson, Arizona (520) 881-7480 CONNECT NEW TREE - TO EXISTING IRRIGATIONN SYSTEM EXISTING LIGHT POLE EXISTING VELVET MESQUITE TO PPUATM LIGHT POLE -SEE VEERING PLANS STING PATHWAY SUN CITY VISTOSO RECREATION CENTER 1565 E. RANCHO VISTOSO BLVD. Project Sheet Title EXISTING 'GUARD RAIL A NEW PATHWAY -SEE ENGINEERING PLANS G ADI'NG LIMIT (1 ) EXISTING VELVET MESQUITETO BE REMOVED. s�o CO . XISTING VELVET MESQUITE TO REMAIN. MAINTAIN EXISTING GRADE OVERROOT ZONE EXISTING LIGHT POLE -EXISTING VELVET MESQUITE TO / REMAIN. MAINTAIN EXISTING GRADE OVER ROOT ZONE PLANTING LEGEND TREES SYMBOL QTY SIZE PLANT NAME COMMENTS f i s � � l EXISTING TREE TO REMAIN 5 EXISTING TREE TO BE REMOVED 2 24" BOX PROSOPIS VELUTINA VELVET MESQUITE 3 24" BOX ACACIA CONSTRICTA WHITETHORN ACACIA DECORATIVE ROCK-RICKLEBALL COURT AREA DECOMPOSED GRANITE. 2" MIN. DEPTH, SIZE TO MATCH EXISTING. TYPE: "DESERT BROWN". PROVIDE SAMPLE FOR APPROVAL BY OWNER'S REPRESENTATIVE. NOTE: ALL AREAS DISTURBED BY CONSTRUCTION OPERATIONS TO RECEIVE DECORATIVE ROCK PER THIS SCHEDULE. No. Revisions CONNECT ALL NEW PLANTS TO THE EXISTING IRRIGATION SYSTEM AND MAINTAIN ADEQUATE IRRIGATION SUPPLY THROUGHOUT CONSTRUCTION TO ALL EXISTING PLANTS TO REMAIN OV1214-24 REF: G1400060 REF: OV1210-17 Date Item Scale f = 10, Job No.18512&-G 007-0200 Date SEPTEMBER 2014 Designed By PNR Checked By GLG I w SEP 19 2014 Ly: .................... Two working days before you dig CALL FOR THE BLUESTAKES Ion luo-782-534 Blue Stake Center Sheet of 0 U) CD a_ co J w U U a m v z Cn r- 0 0 CD z Q J 0 z Q J J U Er) 0 Z Cn r— C) C) U C) z cn r` CD CD El N L� as I / / EXISTI. �MINIATUR —CONNECT NEW TREE TO EXISTING IRRIGATIONN SYSTEM7 \ EXISTING ACACIA CONSTRICTA TO \ REMAIN. MAINTAIN EXISTING GRADE \ OVER ROOT ZONE EXISTING RAMADA TO \ REMAIN, TYPICAL ONNECT NEW TREES TO EXISTING IRRIGATIONN SYSTEM �. r \ 00, 'j Afl N � �, y ca \ y , I STI NG VELVET MESQUITE TO EXISTING ACACIA / / _` \ r REMAIN. MAINTAIN EXISTING GRADE CONSTRICTA TO BE REMOVE OVER ROOT ZONE 40, e �' �� \ EXISTING PATHWAY INSTALL DECORATIVE — ROCK TO SLAB EDGE XISTING ACACIA 'r \CONSTRICTA TO BE REMOVED. \ BOCCI EXISTING ACACIA CONSTRICTA TO BE REMOVED. I INSTALL DECORATIVE ROCK\ TO SLAB EDGE ` `r\ 01 0' 10, 20" 30" Th Q W W � � Engineering Planning Surveying G Landscape Architecture Urban Design t 1 R --i � Offices located in Tucson, Phoenix and j/j� .,,,, Flagstaff, Arizona and Las Vegas, Nevada. 4444 East Brocadway GrouRnCWW Tucson, Arizona (520) 881-7480 . _ ,,'EXISTING VELVET J — MESQUITE TO REMAIN. GRADING LIMIT CONNECT NEW �TREE D ,�%�'� � TO EXISTING COURTS _ I RRI GATT ONN SYSTEM • • ► i► Wei 4 l k i 1, • 0111111111 ► _ Z N: • • • EXISTING VELVET MESQUITE TO BE REMOVED AND / \TURNED OVER TO SUN CITY PERSONNEL XISTING VELVET MESQUITES TO REMAIN. � \ f f 1 � i� \29 i S 2985---f , \ INSTALL DECORATIVE ROCK \ TO SLAB EDGE o � .i Sheet Tit PLANTING LEGEND TREES SYMBOL QTY SIZE PLANT NAME COMMENTS EXISTING TREE TO REMAIN �+ 5 EXISTING TREE TO BE REMOVED t C 2 24" BOX PROSOPIS VELUTINA VELVET MESQUITE 3 24" BOX ACACIA CONSTRICTA WHITETHORN ACACIA DECORATIVE ROCK -BOCCE COURTS DECORATIVE SCREENED ROCK. 2" MIN. DEPTH, SIZE A/4" MINUS. COLOR: TO MATCH EXISTING "CLASSIC PINK". PROVIDE SAMPLE FOR APPROVAL BY OWNER'S REPRESENTATIVE. NOTE: ALL AREAS DISTURBED BY CONSTRUCTION OPERATIONS TO RECEIVE, DECORATIVE ROCK PER THIS SCHEDULE. No. Revisions Date CONNECT ALL NEW PLANTS TO THE EXISTING IRRIGATION SYSTEM AND MAINTAIN ADEQUATE IRRIGATION SUPPLY THROUGHOUT CONSTRUCTION TO ALL EXISTING PLANTS TO REMAIN Item OV1214-24 REF: G1400060 REF: OV1210-17 Ide Scale 1 A = 10' Job No. 185126—G-007-0200 Date SEPTEMBER 2014 Designed By PNR Checked By GLG rl Mh SEP 19 2014 !BY: . ................ .....m Two working days before you dig CALL FOR THE BLUESTAKES 1-8W-781-5A Blue Stake Center Sheet of i IRRIGATION 1. GENERAL A. DRAWING IS SCHEMATIC; FO LOW AS CLOSE AS PRACTICAL; MAKE NO CHANGES OR ALTERATIONS WITHOUT THE PRIOR APPROVAL OF THE OWNER OR HIS REPRESENTATIVE. B. THE CONTRACTOR SHALL VERIFY AVAILABLE WATER PRESSURE ON THE SITE, PRIOR TO BEGINNING WC RK IF THERE IS A DISCREPANCY BETWEEN THIS READING AND THE MINIM JM PRESSURE REQUIRED, AS NOTED ON PLAN, THE CONTRACTOR SHALL IMN ED ATELY NOTIFY THE OWNER. C. THE CONTRACTOR SHALL, COMPLY WITH ALL LAWS, RULES AND REGULATIONS OF ALL AUTHORITIES HAVING JURISDICTION OVER THE PREMISES; THE CONTRACTOR SHALL 0131 AIN ALL NECESSARY PERMITS FOR THIS WORK. D. THE CONTRAC OR SHALL. CAREFULLY STUDY THE DRAWINGS, AND SHALL CAREFULLY E MINE THE SITE, AND SHALL BE AWARE OF ALL EXISTING WORK AND CO NbITIONS --HAT COULD POSSIBLY AFFECT THE IRRIGATION WORK. E. THEACTOFSLIOMITTINGABID PROPOSAL FOR THE WORK REQUIRED AND INCLUDED IN T 1ECONT '&IS EVIDENCE THAT THE CONTRACTOR HAS BECOME COM LETELY F MI IAR WITH ALL SITE CONDITIONS AND IS FAMILIAR WITH ALL REQUIREMENTS OF THE CONTRACT. F. THE CONTRAC OR IS RE PbNSIBLE FOR DAMAGES TO ALL WORK PREVIOUSLY PERFORMED B OTHERS AND SHALL REPAIR AT HIS OWN EXPENSE, ALL SUCH DAMAGE TO TF E, COMPL TE SATISFACTION OF THE OWNER. G. THE CONTRAC rOk SHALL.I THAT PROVIDES COMPLETE COVERAGE TO ALL INTEN AREAS. ADD ADDITIONAL EMITTERS AND ADJUST ALL EMITTE $1 O PROVIDE FOR MAXIMUM COVERAGE AND EFFICIENCY. H. THE OWNER R SERVES I E RIG T TO REJECT ANY MATERIALS OR WORKMANSHI ; L THE "ONTRACTORi SHALL IEVIEIN THE GENERAL CONDITIONS AND GENERAL REQUIREMENT WHICH C N AIN IiNFORMATION AND REQUIREMENTS THAT APPLY TOT IS SECTI 2. SUB ITTALS A. PRIOR TO THE SUPPLY A D INSTALLATION OF ANY IRRIGATION EQUIPMENT, THE CONT TOR SHALL' SUBMIT FOR APPROVAL, CATALOG CUTS AND TECHNICAL IN FORMATI - N ON THE ITEMS LISTED BELOW: 1. PVC PIPD FITTINGS 2. EMITTER 3. REMOTE ONTROL IA:LVE 4. IRRIGATIO 1 CON R LL ER 5. BACKFL W 'PRE N t iS 6. VALVE BC XES 3. MATERIAL A. LLM A ERI LS SH B NEWW' AND UNUSED AND SHALL HAVE A MINIMUM UA TE OF ON EA AGAINST DEFECTS AND DEFECTIVE WORKMANSHIP. B. V ATER AL PECIFI P, Y 1AM AND/OR MODEL NUMBER SHALL BE ITtRF RET ED AS E T kBL SHING A SPECIFICATION FOR THE GENERAL TYPE, - UALI1 Y, C NSTRU ON AN CHARACTERISTIC OF THE PRODUCT DESIRED. LL RE UE TS FO S ;B}I IT TION OF MATERIALS MUST BE SUBMITTED IN RITI T THE O N R IVE (5) DAYS PRIOR TO THE BID OPENING DATE. ATE ALS NOT ShcSk IBMITT 'D WILL NOT BE APPROVED FOR INSTALLATION. C. W V LT GE: CO L 1 IR SHALL BE NO. 14 UF, UL APPROVED. USE RED R C NTR LAN IT FO COMMON. D. A UTO AT[(E' LEC RI R O E CONTROL VALVES SHALL BE PROVIDED WITH A R0 LIN TE a AMA UAL VENT. E. IRE SPLIC SHY, LOW _ OMPLETED WITH PEN -TITS TYPE UNITS. 4. INS1ALLA1 ION I A Tf E CO TR C OR SH LL OC RDINATE WITH ALL OTHER CONTRACTORS FOR THE P CE ` ENT O AL E SAFY SLEEVES, WIRE, PIPE AND CONDUIT. THE #, RIGA ION NTI O SI LL FURNISH AND INSTALL ALL SLEEVES R QUI D F TH IR IG TIO4 SYSTEM. B. T E CO 4T C r. C R SH L AlTHIN ONSITE, ONE CLEAN DRAWING THAT SHOWS NI iATLY IN R E CI AL CF ANGES FROM THE DESIGN IN THE LOCATION O PIP 'R MCT N-�L W LVES, CROSS CONNECTION CONTROL DEVICES, S P RINK iER S CQ TOLL RS, AND ALL OTHER MAJOR COMPONENTS. T ANS � R� L It R T bN FROM THE PROGRESS "AS -BUILT" DRAWINGS TO R PRO UC G[1 TS REQUESTED FROM THE OWNER'S REPRESENTATIVE. flilspFkM� S LiL UBMITTED TO THE OWNER PRIOR TO SEEKING F1 ALA ,C C -H SYSTEM. C_ N WIR S � E R II ElJ �ETWEEN IRRIGATION CONTROLLER AND REMOTE C NTR ;L E ;I'I BU DI At D TAPE THE WIRE TO THE UNDERSIDE OF THE M MNLINE PIP A' 3 F Y INT ERVALS. AT ALL LOCATIONS WHERE THE RE IS NOT JNOE;T EI AIN INE PIPE, PLACE THE WIRE WITHIN A PVC PI E CC ND I AT M. IN IN PIF E DEPTH. D. USE LIQUID L N T LO TAPE ON ALL THREADED CONNECTIONS. DO NOT US P114 DOPE © iP ST CTHREADS. E. INSTALL ONLYONETI,E O C NTROL VALVE PER ACCESS BOX. F. PVC PIP s� 1. BURL L I I LI E AT 24 SOIL COVER T RA LIME AT 18" SOIL COVER 2. MINII JMCLR R PIPES IN COMMON TRENCH SHALL BE 4". 3 MINII JM_TF!Ef1 T SHALL BE TWICE THE DIAMETER OF THE PIPE BEIN 1 INS [ER 1W 41 USE C 1 m Ri ALA, SOLVENT WELDED SURFACES. 51 INST L P I WIT FN PLANTING AREAS, AT ALL LOC 10 Li 6 ALL PE IIN lJ LEER LKS, DRIVES, AND WALLS SHALL BE 71 BAC AND DON SE REP OWN The ' WLB Group ED 111 P PI ILL Ir+RI H LL E ROCK FREE. BACKFILL 1N 6" LIFTS O'ho I ALI yAIIP C R WATER IN. BACKFILLING SHALL BE IN ; J A A N T PREVENT FUTURE SETTLING. SHOULD Uq aI IE YEAR, THE CONTRACTOR SHALL MAKE Ski R b .TO HE COMPLETE SATISFACTION OF THE Engineering Planning Surveying Landscape Architecture Urban Design Offices located in Tucson, Phoenix and Flagstaff, Arizona and Las Vegas, Nevada. 4444 Ecist Broadvvc:iy Tucson, Arizona (520) 881-7480 8. PRESSURE TEST THE MAINLINE AT 100 PSI FOR TWO HOURS. PLACE ENOUGH SOIL TO PREVENT PIPE MOVEMENT, LEAVING VISIBLE ALL THREADED AND SOLVENT WELD CONNECTIONS. ALL LEAKS SHALL BE REPAIRED OR FITTINGS REPLACED IF SO DIRECTED. 9. PRIOR TO INSTALLING EMITTERS, THOROUGHLY FLUSH ALL PIPE LINES, CAP ALL RISERS AND TEST ALL LINES AT THE HIGHEST OBTAINABLE PRESSURE FROM EXISTING SOURCE. REPAIR ALL DEFECTS. G. INSTALL THE IRRIGATION CONTROLLER AT THE LOCATION SHOWN ON THE DRAWING, OR AS DIRECTED BY THE OWNER. H. ALL PARTS OF THE IRRIGATION SYSTEM AND ASSOCIATED EQUIPMENT SHALL BE ADJUSTED TO FUNCTION PROPERLY AND SHALL BE TURNED OVER TO THE OWNER IN FULL OPERATING CONDITION. THE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM UNTIL FINAL ACCEPTANCE BY THE OWNER. I. THE CONTRACTOR SHALL REMOVE ALL ROCKS, EXCESS DIRT, AND DEBRIS, AND EQUIPMENT FROM THE SITE AT THE COMPLETION OF THE WORK. J. THE CONTRACTOR SHALL GUARANTEE ALL WORK FOR A PERIOD OF ONE YEAR FROM DATE OF ACCEPTANCE OF THE SYSTEM BY THE OWNER. MAKE REPAIRS, AS DIRECTED, AT NO EXPENSE TO THE OWNER. LANDSCAPE 1. ALL GRADING IS TO BE TRUE TO CONTOURS SHOWN WITH REVERSE CURVE AT TOP AND BOTTOM OF SLOPE TO ASSURE SMOOTH AND EVEN TRANSITIONS. THERE SHALL BE A CONTINUOUS SLOPE BETWEEN CONTOURS WITH ALL GRADES APPROVED BY OWNER PRIOR TO PLANTING. �I 2. CONTRACTOR TO MEET EXTERIOR GRADES AT PROPERTY LINES AND IS RESPONSIBLE FOR FINISH GRADES IN LANDSCAPING AREAS. OWNER TO APPROVE ALL GRADES. 3. SHRUB BEDS ARE TO BE GRADED AND TERRACED AS NEEDED TO RETAIN IRRIGATION WATER. 4. CERTAIN PLANT MATERIALS SPECIFIED TO BE INSTALLED AS PART OF THE WORK SHALL BE TAGGED BY OWNER AT PLACE OF GROWTH: PRIOR TO AWARD OF CONTRACT vl A. ALL PLANT MATERIALS SHALL CONFORM TO NURSERY STANDARDS ACCORDING TO THE AMERICAN ASSOCIATION OF NURSERYMEN, INC., AND SHALL BE FREE FROM PESTS, EGGS, DISEASES, AND REPRESENTATIVE OF SPECIES IN SIZE, QUALITY, FORM AND COLOR. PLANTS SHALL NOT BE ROOT BOUND, DAMAGED O SUBSTANDARD IN ANY WAY. ALL MATERIALS TO BEAR ORIGINAL LABELS. B. O NER SHALL REVIEW AND TAG ALL PLANT MATERIALS AT NURSERY AND PRIOR TO PLANTING FOR CONFORMITY TO SPECIFICATIONS. C. ANY PLANT DEEMED SUBSTANDARD BY THE OWNER WILL BE REMOVED FROM S1E AND REPLACED BY CONTRACTOR AT CONTRACTOR'S COST. 5. TOP SOIL IS TO BE LOCAL, FRIABLE MATERIAL OF ACCEPTABLE QUALITY, FREE FROM EXTRANEOUS MATERIAL OVER 1" IN DIAMETER, WEEDS, CHEMICALS, SEEDS, AND NOXIOUS MATERIAL. THE pH TO RANGE FROM 6.5 TO 8.4 AND PPM OF SALT TO BEI LESS THAN 1000. 6. TREES AND SHRUBS TO HAVE SOILS SAUCER AS INDICATED. 7. CONTRACTOR TO GUARANTEE PLANT MATERIALS AS FOLLOWS: A. 15IGAL. AND LARGER -ONE YEAR B. ALL OTHER PLANTS - SIC MONTHS C. UNIFORM STANDARD OF SEEDED AREAS WITH NO BARE AREAS, THIN AREAS OR $POTS. 8. FINISH GRADE FOR PLANTED AREAS SHALL BE 1" BELOW ALL CURBS, WALKS AND PAVING WITH SMOOTH EVEN LINES AT EDGES OF STRUCTURES. NON -PLANTED AREAS TO BEIRAKED AND COMPACTED AS NOTED AND LEFT SMOOTH AND EVEN WITH FINISH GRAD V BELOW ALL STRUCTURES. 9. PLANTING HOLES ARE TO BE 2 X ROOT BALL WIDTH AND 1-1/2 X ROOT BALL DEPT BACKFILL WITH 3/4 SITE SOIL AND 1/4 ORGANIC AMENDMENT. 10. SIZES, QUANTITY, TYPES OF PLANTS TO BE SHOWN ON DRAWINGS. 11. CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS, COORDINATION, SCHEDULING, UTILITY VERIFICATION AND DAMAGES TO OTHER TRADES, AND UTILITY DAMAGE. 12. CON RACTOR SHALL VERIFY ALL SITE CONDITIONS AND ANY DISCREPANCY IS TO BE REPORTED TO OWNER PRIOR TO WORK IN THAT AREA. 13. CON RACTOR SHALL INSURE PROPER DRAINAGE IN ALL PLANT HOLES. 14. ALL TREE AND SHRUB PLANTS TO RECEIVE AGRI-FORM TABLETS AS PER MANUFACTURER INSTRUCTIONS, AND IN ACCORDANCE WITH THE FOLLOWING TABLE. 1 GAL. - (2) 5'GRAM TABLETS 5 GAL. - (4) 5 GRAM TABLETS 15 AL. - (12) 5 GRAM TABLETS 24 I CH AND LARGER - (18) 5 GRAM TABLETS 15. ALL F LANT MATERIALS SHALL BE PROPERLY STORED AFTER DELIVERY TO PROTECT THEN FROM WEATHER OR OTHER CONDITIONS WHICH COULD CAUSE DAMAGE. CON RACTOR IS LIABLE FOR REPLACEMENT OF DAMAGED MATERIAL WITH LIKE MAT RIAL%FROM SAME SUPPLIER. 16. LAYC UT PLANTS AT LOCATIONS SHOWN ON THE DRAWINGS. USE 12" STAKES: COLOR CODED FOR EACH SPECIES OF PLANT. STAKE EACH TREE AND MAJOR SHRUB. 17. CONTRACTOR IS RESPONSIBLE FOR PRESERVATION AND WATERING OF ALL EXISTING PLAN MATERIALS TO REMAIN. FENCE OFF PLANT MATERIALS DURING CON TRUCTION PERIODS TO AVOID DAMAGE. CONTRACTOR SHALL PAY FOR LIQU DATED DAMAGES DUE TO PLANT MATERIALS LOST OR DAMAGED DURING CONSTRUCTION. 18. CON RACTOR TO MAINTAIN ALL LANDSCAPE AREAS FOR A MINIMUM OF 90 DAYS AFTER COMPLETION OF PROJECT. 19. PROVIDE PROTECTION TO ALL PLANTS FROM RABBITS, INSECTS AND OTHER PESTS. i r Vl OSO LANDSC 1/4" DISTRIBUTION TUBE SINGLE OUTLET EMITTER CIFI PLANT CENTER r-- FINISH GRADE ROOT BALL -PLANT PIT ,I 3/4" POLYETHYLENE TUBING NOTE: IF PLANTED ON SLOPE, PLACE EMITTER ON UPHILL SIDE OF PLANT SINGLE OUTLET EMITTER SCALE: NTS TREE TRUNK 5 FOOT DIAMETER DISTRIBUTION TUBING DISCHARGE POINT V ABOVE FINISH GRADE TREE LATERAL LINE OR EMITTER TUBING MULTI -OUTLET EMITTER k' FORM A 4" DEEP BASIN AROUND TREE FINISH GRADE ---_� BACKFILL MIXTURE--- 2/3 SITE SOIL 1/3 SOIL AMENDMENT ROOT BALL CIRCULAR PLANT PIT (SIZE VARIES) .3 TM5 5ALL` TAPER SIDES AND unDr�i SCARIFY SIDES AND BOTTOM NOTE: 1 _ REMOVE ALL NURSERY STAKES ANm C ONTAINE I, S 2. WATER SETTLE BACKFILL IN 6" LIFT TREE PLANTING NTS t I t fi NOTES: i 1. FINISHED DEPTH: 2" MIN. 2. BEFORE SPREADING ROCK, REMOVE ROCK BRIS. 3. DURING INSTALLATION RAKE D.G. TO SETTLE IES. 4. LIGHTLY BROOM SURFACE OF D.G. AFTER IN ALLATION. 1 • 5. APPLY PRE -EMERGENT TO ALL Q.G. AREAS. 6. APPLY A LIGHT MIST OF WATER OVER THE El II tE D: . Sul ACE. I� DE Q1I<APO ED GRANITE/DECORATIVE ROCK PE N I5RGENT EGEND AP Y(PR - HERBICIDE EMITTER PLACEMENT AT TREES (!)_DECO RATIVE ROCK NTS SCALE: NTS 6" ROUND BOX & COVER MULTI -OUTLET EMITTER FINISH GRADE (6 outlets) MHT ADAPTER AND FHT CAP RISER 3/4" POLYETHYLENE 3/4" CRUSHED GRAVEL SUMP TUBING 1 CU. FT. EMITTER LATERAL FLUSH END ASSEMBLY SCALE NTS No. Date i { I=� 1 e soaeeeoaeiyd..ca.a _` Two working days before you dig CALL FOR THE BLUESTAKES 1-8W-781-534 Blue Stake Center ,lol��i' o. � 34712 ' 185126-G--007-U2(i0 PETER IWO 1 SEPTFMRFR 9014 NICHOLAS Sheet Title �' �j Revisions Ch P G Sheet of \■ 0 cv C Q co .a 0 a 0 cn w c� U 0 m v Project GENERAL NOTES 1. EXISTING ZONING IS RANCHO VISTOSO P.A.D. C-2 2. BUFFER YARD TYPE: BUFFERYARDS ARE NOT REQUIRED. 3. ALL PLANT MATERIAL SHALL MEET THE MINIMUM STANDARDS CONTAINED IN THE CURRENT EDITIONS OF THE ARIZONA NURSERY ASSOCIATION'S GROWER COMMITTEE RECOMMENDED TREE SPECIFICATIONS AND THE AMERICAN ASSOCIATION OF NURSERYMEN AS TO SIZE, CONDITION AND APPEARANCE. PLANTS SHALL BE FREE FROM PESTS, EGGS, DISEASES, AND REPRESENTATIVE OF SPECIES IN SIZE, QUALITY, FORM AND COLOR. PLANTS SHALL NOT BE ROOT BOUND, DAMAGED OR SUBSTANDARD IN ANY WAY. 4. THIS LANDSCAPE PLAN IS DESIGNED TO MEET THE REQUIREMENTS AND INTENTIONS OF THE ORO VALLEY LANDSCAPE CODE, SECTION 27.6. PER OVZCR CH. 27, MAINTENANCE, THE LANDSCAPE SHALL BE MAINTAINED, BY THE OWNER, AS FOLLOWS: A. REGULAR WATERING UNTIL PLANTS ARE FULLY ESTABLISHED AND CAPABLE OF SURVIVING WITHOUT IRRIGATION. B. CHECKING, ADJUSTING, REPAIR AND REPLACEMENT OF IRRIGATION EQUIPMENT, WITH THE ORIGINALLY SPECIFIED MATERIALS OR THEIR EQUIVALENTS, AS NECESSARY TO ENSURE WATER EFFICIENCY. C. PRUNING AND FERTILIZING AND REPLENISHING MULCH D. CLEARING OF DEBRIS AND WEEDS. E. REMOVAL AND REPLACEMENT OF DEAD PLANTS WITHIN 45 DAYS AND WITH PLANT MATERIALS OF THE SAME SPECIES AND OF SIMILAR SIZE AND QUALITY. F. REPAIR OF ARCHITECTURAL FEATURES. G. CHECKING, CLEARING AND REPAIR OF WATER COLLECTION BASINS, SPILLWAYS, AND DISTRIBUTION SYSTEMS INCLUDING MAINTENANCE OF BASIN INFILTRATION CAPABILITIES IN ACCORDANCE WITH THE APPROVED PLANS. H. INLET AND OUTLET STRUCTURES ARE TO BE KEPT FREE OF VEGETATION AND DEBRIS AT ALL TIMES. 1. REMOVING DEBRIS, SEDIMENT, SAND, AND GRAVEL CARRIED INTO STREETS OR PARKING AREAS WITHIN SEVENTY-TWO (72) HOURS OF NOTICE. 5. PROPOSED LANDSCAPE WILL BE WATERED WITH AN AUTOMATIC UNDERGROUND DRIP IRRIGATION SYSTEM. IRRIGATION SYSTEM WILL MEET ASIC MINIMUM STANDARDS. 6. TREE PLACEMENT TO BE FIELD ADJUSTED AS NEEDED TO AVOID PROPOSED UTILITIES AND OTHER CONCERNS. 7. DURING THE LIFE OF THE PROJECT, CONTROL AND ERADICATION OF NON-NATIVE INVASIVE PLANT SPECIES SUCH AS BUFFLEGRASS, FOUTAIN GRASS, SOFT FEATHER PAPPUSGRASS, RUSSIAN THISTLE, TELEGRAPH PLANT, DESERT BROOM, RAGWEED, PIGWEED, BURRO BRUSH, ETC.) SHALL BE WEEDED IN ORDER TO PREVENT THE SPREAD OF SUCH SPECIES ONTO ADJACENT PROPERTIES. Engineering Planning Surveying T h Landscape Architecture Urban Design Offices located in Tucson, Phoenix and WL i" Flagstaff, Arizona and Las Vegas, Nevada. 4444 Ecast SrocDdwcay rOU Tucson, Arizona (524) 881-7480 Pine, FOR X;COURTS K L E B 10 - C E { BALL PAD GOLF COURSE EXIST. GOLF PUTTING AREA`- - - EXIST. I GUARD 7 i SNACK SUIV CITY VISTOSO UNIT 8 (BK.43, PC.14) ,PAD, MDR 0 PAD GOLF COURSE SHE E T INDEX SHEET 1................. COVER SHEET SHEET 2.................PLANTING PLAN SHEET 3................:PLANTING PLAN SHEET 4................DETAI LS & SPECIFICATIONS _47 48149 50 - 874b73 12 C.A. 51 99 74 44 80 13 7'2 4 I 4� I -- ---- 7 14 ; I 7- 1 8r 6v 42 OjRT 76 41 FIB I 70 84 ! -- y 40 SUlv/CIrY YISTOS6 =9 77 17 UNIT 2 / 39 (BK. 42, PC.19 78 GOLF PAD CO COURSE 18 38 PAD MHDR 88 79 ` 19 59 (� 07 80 37 PRE S 20 eon 30 �Oa 0 66 omm 22 34 82 ' 23 33 83 �e 82 ° 0 24 32 64 81 'O 25 31 0 ° 26 30 27 2729 i BASIS OF ELEVATION -- EXIST. ADMINISTRATION BLDc. w .A. "Al O PER SUN CITY VISTOSO COMMUNITY ASSOC. 1565 E. RANCHO VISTOSO BOULEVARD ORO VALLEY, AZ. 85755 (520) 852-3711 ATTN: MR. BOB MARIANI bmariani@suncityorovalley.com SUN CITY VISTOSO T UNIT 1\ 34 <5 (BK.4(1, PG.53) PAD, MHDR _ i_ 3 3f 32 PROJECT OVERVIEW SCALE: 1 "= 150' 18 17 191 � 20 ON CORNER I THIS PROjECT [STING PAD SSIONS GOLF COURSE G. JXIST. PRO SHOP BLDG.( EXIST SECTION 1 4 CORNER ©LF MAINT. - - BLDGS. � I N89'55'06"E 1100.0 ' `- PAD GOLF COURSE LANDSDCAPE ARCHITECT THE WLB GROUP, INC. 4444 E. BROADWAY BLVD. TUCSON, AZ. 85711 (520) 881-7480 ATTN: GARY GRIZZLE ggrizzle@wibgroup.com C.A< " ss 2, 23 22 21 —..••— ` 20 APPROVAL. PLANNING & ZONING ADMINISTRATOR 17 sv-, O, ARIZ©NA 24�19 25130 LEGEND: — 1259 -- -- EXISTING CONTOUR 1 258 NEW CONTOUR — DITCH, SWALE, OR DRAINAGE PROPERTY LINE — — EASEMENT/SET-BACK LINE ------ - - ROAD CENTERLINE �a GRADING LIMITS — — SECTION LINE DRAINAGE FLOW G= 20. 9� `'� NEW ELEV. G� EXISTING ELEV. LIGHTING RIP RAP, DETAILS PER PLAN SECTION CORNER Q V 1214-24 DATE REF: G 1400060 REF: OV1210-17 No. Date Item Scale AS SHOWN SEP 9 2014 Two working days before you dig CALL FOR THE BLUESTAKES rU 11611 Blue Stake center Sheet S E - ---- - LA I DISC" COVER SHEET RECREA J _N - - _ VISTOSO.. _ _ TS Project Sheet Title Revisions Job No- 185126—G-007-0200 34712 PETER Date SEPTEMBER 2014 NtcHOLAs o RUMNE Designed By ti PNR `• s' ed.•' Checked By GLG i2 NA. of a EXISTING POOL S x� 1 ! EXISTING PICKLE BALL O10" 20' ' G �5 CONNECT NEW TREE TO EXISTING IRRIGATIONN SYSTEM o 7 48" EXISTING LIGHT POLE �i EXISTING VELVET---\ MESQUITE TO o REMAIN. MAINTAIN EXISTING GRADE OVER ROOT ZONE EXISTING RIPRAP NEW PATHWAY —SEE ENGINEERING PLANS k l G \ / t RDiNG LIMIT x F \ ? 1) EXISTING VELVET MESQUITE TO BE REMOVED. �i �a O XISTING VELVET MESQUITE TO ! ? \ REMAIN. MAINTAIN EXISTING GRADE \ \ OVER ROOT ZONE EXISTING LIGHT POLE :_- EXISTING VELVET MESQUITE TO / REMAIN. MAINTAIN EXISTING GRADE f OVER ROOT ZONE } ITS EXISTING PATHWAY EXISTING BLUE PALO VERDE TO REMAIN. MAINTAIN EXISTING GRADE OVER ROOT ZONE XISTING VELVET MESQUITE TO REMAIN. MAINTAIN EXISTING GRADE OVER ROOT ZONE � � s PLANT-ING LEGEND TRELS SYMBOL QTY SIZE PLANT NAME COMMENTS EXISTING TREE TO REMAIN 5 EXISTING TREE TO BE REMOVED 1 au° 48111 1 48" BOX PROSOPIS VELUTINA 1 D24" BOX PROSOPIS VELUTINA c VELVET MESQUITE 0 3 24" BOX ACACIA CONSTRICTA WHITETHORN ACACIA DECOMPOSED GRANITE. 2" MIN. DEPTH, SIZE TO MATCH EXISTING. TYPE. "DESERT BROWN". PROVIDE SAMPLE FOR APPROVAL BY OWNER'S REPRESENTATIVE. NOTE; ALL AREAS DISTURBED B-"�( CONSTRUCTION OPERATIONS TO RECEIVE DECORATIVE ROCK PER THIS SCHEDULE. Q Th Engineering Planning Surveying Landscape Architecture Urban Design ---- PLAN u �' ����` n WLB G;R Offices located in Tucson, Phoenix and Flagstaff, Arizona and Los Vegas, Nevada. C ER PLANTING AN PAN_ Group, P�_ 44a Arizona st B(520) $1w� 0 15,6154 iEATION E. RANCHO VISTOSO BL PICKL AND u_MITIGATION F CE B,AL L Sheet Title No. Date Revisions Item 0- V1214-2: ' i F: _ V 0. .F OVI -17 Scale 1" = 10, Jab N0.185126—G—W7-0200 Date SEPTEMBER 2014 Designed By PNR Checked By GLG Two working days before you dig CALL FOR THE BLUESTAKES Blue Stake Center Sheet of Q 0 CD Cn J CO r 2f z J Q J w Q U) 0 2 Q J z Q U W U m z Cn 0 C) 00 i J EXISTING MINIA T URE GO f CONNECT NEW TREE TO EXISTING I RRI GATI ONN SYSTEM \ 7 \ \ t \ t / \ EXISTING ACACIA CONSTRICTA TO \ REMAIN. MAINTAIN EXISTING GRADE f OVER ROOT ZONE \ EXISTING RAMADA TO \ r J \ REMAIN, TYPICAL CONNECT NEW TREES TO EXISTING I RRI GATT ONN SYSTEM 00, 61, ° CN / f ' & __ �— \ XISTING VELVET MESQUITE TO EXISTING ACACIA / / \ REMAIN. MAINTAIN EXISTING GRADE i CONSTRICTA TO BE REMOVE ti OVER ROOT ZONE 1 EXISTING PATHWAY INSTALL DECORATIVE n'' , ROCK TO SLAB EDGE T / � XI STI NG ACACIA \ 'r \CONSTRICTA TO BE REMOVED. PR \ BOCCE B EXISTING ACACIA CONSTRICTA TO BE REMOVED. % i < \. f \ \ INSTALL I-- r / \ �19 DECORATIVE TO SLAB ED IQ 985--- <01 0) f � E(( 4 } y� a \ \ o' 10' 20' 30' Th e W 1W � Engineering Planning Surveying Landscape Architecture Urban Design WI R S-, \ _ � Offices located in Tucson, Phoenix and Flagstaff, Arizona and Las Vegas, Nevada. 4444 Ecast BroadwayGroupWW Tucson, Arizona (520) 881-7480 Inc. V � -EXI STI NG VELVET MESQUITE TO REMAIN. \ GRADING LIMIT -� SED CONNECT NEW TREE _� _ I TO EXISTING �CD ALL URTS /�� / IRRIGATIONN SYSTEM EXISTING VELVET MESQUITE \ TO BE REMOVED AND JURNED OVER TO SUN CITY \ PERSONNEL EXISTING VELVET MESQUITES TO REMAIN. i It ROCK f \ lr \ I —2985 9 — �s \ i INSTALL DECORATIVE ROCK \ \ /TO SLAB EDGE --29g5-- a 4 IST. SOC BLD G. SUN CITY VISTOSO r - LAN RECREATION 1565 E. RANCHO VISM 0 BLVD, PICKLE -AND BOCCE BALL COURTS Project Sheet Title PLANTING LEGEND TREES SYMBOL QTY SIZE PLANT NAME COMMENTS t EXISTING TREE TO REMAIN J � I� �} 5 EXISTING TREE TO BE REMOVED f cO 48111 1 48" BOX PROSOPIS VELUTINA Ce 1 24" BOX PROSOPIS VELUTINA VELVET MESQUITE 3 24" BOX ACACIA CONSTRICTA WHITETHORN ACACIA DECORATIVE ROCK -BOCCE COURTS DECORATIVE ROCK. 2" MIN. DEPTH, SIZE :1/4" MINUS,1-1/4" SCREENED IN AREAS OF WATER FLOW. COLOR: TO MATCH EXISTING "CLASSIC PINK". PROVIDE SAMPLE FOR APPROVAL BY OWNER'S REPRESENTATIVE. NOTE: ALL AREAS DISTURBED BY CONSTRUCTION OPERATIONS TO RECEIVE DECORATIVE ROCK PER THIS SCHEDULE. No. Date Revisions CONNECT ALL NEW PLANTS TO THE EXISTING IRRIGATION SYSTEM AND MAINTAIN ADEQUATE IRRIGATION SUPPLY THROUGHOUT CONSTRUCTION TO ALL EXISTING PLANTS TO REMAIN Item OV1214-24 REF: G1400060 REF: OV1210-17 Scale in = l0' Job No. 185126—G-007-0200 Date SEPTEMBER 2014 Designed By PNR Checked By GLG Two working days before you dig CALL FOR THE BLUESTAKES Blue Stake Center Sheet of IRRIGATION 1. GENERAL A. DRAWING IS SCHEMATIC, FOLLOW AS CLOSE AS PRACTICAL; MAKE NO CHANGES OR ALTERATIONS WITHOUT THE PRIOR APPROVAL OF THE OWNER OR HIS REPRESENTATIVE. B. THE CONTRACTOR SHALL VERIFY AVAILABLE WATER PRESSURE ON THE SITE, PRIOR TO BEGINNING WORK. IF THERE IS A DISCREPANCY BETWEEN THIS READING AND THE MINIMUM PRESSURE REQUIRED, AS NOTED ON PLAN, THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE OWNER. C. THE CONTRACTOR SHALL COMPLY WITH ALL LAWS, RULES AND REGULATIONS OF ALL AUTHORITIES HAVING JURISDICTION OVER THE PREMISES; THE CONTRACTOR SHALL OBTAIN ALL NECESSARY PERMITS FOR THIS WORK. D. THE CONTRACTOR SHALL CAREFULLY STUDY THE DRAWINGS, AND SHALL CAREFULLY EXAMINE THE SITE, AND SHALL BE AWARE OF ALL EXISTING WORK AND CONDITIONS THAT COULD POSSIBLY AFFECT THE IRRIGATION WORK. E. THE ACT OF SUBMITTING A BID PROPOSAL FOR THE WORK REQUIRED AND INCLUDED IN THE CONTRACT IS EVIDENCE THAT THE CONTRACTOR HAS BECOME COMPLETELY FAMILIAR WITH ALL SITE CONDITIONS AND IS FAMILIAR WITH ALL REQUIREMENTS OF THE CONTRACT. F. THE CONTRACTOR IS RESPONSIBLE FOR DAMAGES TO ALL WORK PREVIOUSLY PERFORMED BY OTHERS, AND SHALL REPAIR AT HIS OWN EXPENSE, ALL SUCH DAMAGE TO THE COMPLETE SATISFACTION OF THE OWNER. G. THE CONTRACTOR SHALL FURNISH A SYSTEM THAT PROVIDES COMPLETE COVERAGE TO ALL INTENDED AREAS. ADD ADDITIONAL EMITTERS AND ADJUST ALL EMITTERS TO PROVIDE FOR MAXIMUM COVERAGE AND EFFICIENCY. H. THE OWNER RESERVES THE RIGHT TO REJECT ANY MATERIALS OR WORKMANSHIP. I. THE CONTRACTOR SHALL REVIEW THE GENERAL CONDITIONS AND GENERAL REQUIREMENTS WHICH CONTAIN INFORMATION AND REQUIREMENTS THAT APPLY TO THIS SECTION. 2. SUBMITTALS A. PRIOR TO THE SUPPLY AND INSTALLATION OF ANY IRRIGATION EQUIPMENT, THE CONTRACTOR SHALL SUBMIT FOR APPROVAL, CATALOG CUTS AND TECHNICAL INFORMATION ON THE ITEMS LISTED BELOW: 1. PVC PIPE AND FITTINGS 2. EMITTERS 3. REMOTE CONTROL VALVE 4. IRRIGATION CONTROLLER 5. BACKFLOW PREVENTERS 6. VALVE BOXES 3. MATERIALS A. ALL MATERIALS SHALL BE NEW AND UNUSED AND SHALL HAVE A MINIMUM GUARANTEE OF ONE YEAR AGAINST DEFECTS AND DEFECTIVE WORKMANSHIP. B. MATERIAL SPECIFIED BY NAME AND/OR MODEL NUMBER SHALL BE INTERPRETED AS ESTABLISHING A SPECIFICATION FOR THE GENERAL TYPE, QUALITY, CONSTRUCTION AND CHARACTERISTIC OF THE PRODUCT DESIRED. ALL REQUESTS FOR SUBSTITUTION OF MATERIALS MUST BE SUBMITTED IN WRITING TO THE OWNER FIVE (5) DAYS PRIOR TO THE BID OPENING DATE. MATERIALS NOT SO SUBMITTED WILL NOT BE APPROVED FOR INSTALLATION. C. LOW VOLTAGE CONTROL WIRE SHALL BE NO. 14 UF, UL APPROVED. USE RED FOR CONTROL AND WHITE FOR COMMON. D. AUTOMATIC ELECTRIC REMOTE CONTROL VALVES SHALL BE PROVIDED WITH A THROTTLING STEM AND A MANUAL VENT. E. WIRE SPLICES SHALL BE COMPLETED WITH PEN-TITE TYPE UNITS. 4. INSTALLATION A. THE CONTRACTOR SHALL COORDINATE WITH ALL OTHER CONTRACTORS FOR THE PLACEMENT OF ALL NECESSARY SLEEVES, WIRE, PIPE AND CONDUIT. THE IRRIGATION CONTRACTOR SHALL FURNISH AND INSTALL ALL SLEEVES REQUIRED FOR THE IRRIGATION SYSTEM. B. THE CONTRACTOR SHALL MAINTAIN ONSITE, ONE CLEAN DRAWING THAT SHOWS NEATLY IN RED PENCIL, ALL CHANGES FROM THE DESIGN IN THE LOCATION OF PIPE, REMOTE CONTROL VALVES, CROSS CONNECTION CONTROL DEVICES, SPRINKLER HEADS, CONTROLLERS, AND ALL OTHER MAJOR COMPONENTS, TRANSFER ALL INFORMATION FROM THE PROGRESS "AS -BUILT" DRAWINGS TO REPRODUCIBLE DOCUMENTS REQUESTED FROM THE OWNER'S REPRESENTATIVE. THIS DRAWING SHALL BE SUBMITTED TO THE OWNER PRIOR TO SEEKING FINAL ACCEPTANCE OF THE SYSTEM. C. NO WIRE SPLICES PERMITTED BETWEEN IRRIGATION CONTROLLER AND REMOTE CONTROL VALVES. BUNDLE AND TAPE THE WIRE TO THE UNDERSIDE OF THE MAINLINE PIPE AT 30 FOOT INTERVALS. AT ALL LOCATIONS WHERE THE WIRE IS NOT UNDER THE MAINLINE PIPE, PLACE THE WIRE WITHIN A PVC PIPE CONDUIT AT MAINLINE PIPE DEPTH. D. USE LIQUID TEFLON OR TEFLON TAPE ON ALL THREADED CONNECTIONS. DO NOT USE PIPE DOPE ON PLASTIC THREADS. E. INSTALL ONLY ONE REMOTE CONTROL VALVE PER ACCESS BOX. F. PVC PIPE: 1. BURIAL DEPTH: MAIN LINE AT 24" SOIL COVER LATERAL LINE AT 18" SOIL COVER 2. MINIMUM CLEARANCE FOR PIPES IN COMMON TRENCH SHALL BE 4". 3. MINIMUM TRENCH WIDTH SHALL BE TWICE THE DIAMETER OF THE PIPE BEING INSTALLED THEREIN. 4. USE PVC PRIMER ON ALL SOLVENT WELDED SURFACES. 5. INSTALL ALL PIPE LINES WITHIN PLANTING AREAS, AT ALL LOCATIONS POSSIBLE. 6. ALL PIPE PASSING UNDER WALKS, DRIVES, AND WALLS SHALL BE SLEEVED WITH PVC PIPE. 7. BACKFILL MATERIAL SHALL BE ROCK FREE. BACKFILL IN 6" LIFTS AND MECHANICALLY TAMP OR WATER IN. BACKFILLING SHALL BE DONE IN SUCH A MANNER TO PREVENT FUTURE SETTLING. SHOULD SETTLING OCCUR WITHIN ONE YEAR, THE CONTRACTOR SHALL MAKE REPAIRS, AS DIRECTED, TO THE COMPLETE SATISFACTION OF THE OWNER. TheW W r Engineering PlanningSurveyinggn G Landscape Architecture UrbananDesign � j 1 ^ -A f . � Offices located in Tucson, Phoenix and ij�j j--S Flagstaff, Arizona and Las Vegas, Nevada. Group WW , _ ' 4444 East Brocadway Tucson, Arizona (520) 881-7480 Inc. L-M 8. PRESSURE TEST THE MAINLINE AT 100 PSI FOR TWO HOURS. PLACE ENOUGH SOIL TO PREVENT PIPE MOVEMENT, LEAVING VISIBLE ALL THREADED AND SOLVENT WELD CONNECTIONS. ALL LEAKS SHALL BE REPAIRED OR FITTINGS REPLACED IF SO DIRECTED. 9. PRIOR TO INSTALLING EMITTERS, THOROUGHLY FLUSH ALL PIPE LINES, CAP ALL RISERS AND TEST ALL LINES AT THE HIGHEST OBTAINABLE PRESSURE FROM EXISTING SOURCE. REPAIR ALL DEFECTS. G. INSTALL THE IRRIGATION CONTROLLER AT THE LOCATION SHOWN ON THE DRAWING, OR AS DIRECTED BY THE OWNER. H. ALL PARTS OF THE IRRIGATION SYSTEM AND ASSOCIATED EQUIPMENT SHALL BE ADJUSTED TO FUNCTION PROPERLY AND SHALL BE TURNED OVER TO THE OWNER IN FULL OPERATING CONDITION. THE CONTRACTOR SHALL MAINTAIN THE IRRIGATION SYSTEM UNTIL FINAL ACCEPTANCE BY THE OWNER. I. THE CONTRACTOR SHALL REMOVE ALL ROCKS, EXCESS DIRT, AND DEBRIS, AND EQUIPMENT FROM THE SITE AT THE COMPLETION OF THE WORK. J. THE CONTRACTOR SHALL GUARANTEE ALL WORK FOR A PERIOD OF ONE YEAR FROM DATE OF ACCEPTANCE OF THE SYSTEM BY THE OWNER. MAKE REPAIRS, AS DIRECTED, AT NO EXPENSE TO THE OWNER. LANDSCAPE 1. ALL GRADING IS TO BE TRUE TO CONTOURS SHOWN WITH REVERSE CURVE AT TOP AND BOTTOM OF SLOPE TO ASSURE SMOOTH AND EVEN TRANSITIONS. THERE SHALL BE A CONTINUOUS SLOPE BETWEEN CONTOURS WITH ALL GRADES APPROVED BY OWNER PRIOR TO PLANTING. 2. CONTRACTOR TO MEET EXTERIOR GRADES AT PROPERTY LINES AND IS RESPONSIBLE FOR FINISH GRADES IN LANDSCAPING AREAS. OWNER TO APPROVE ALL GRADES. 3. SHRUB BEDS ARE TO BE GRADED AND TERRACED AS NEEDED TO RETAIN IRRIGATION WATER. 4. CERTAIN PLANT MATERIALS SPECIFIED TO BE INSTALLED AS PART OF THE WORK SHALL BE TAGGED BY OWNER AT PLACE OF GROWTH: PRIOR TO AWARD OF CONTRACT. A. ALL PLANT MATERIALS SHALL CONFORM TO NURSERY STANDARDS ACCORDING TO THE AMERICAN ASSOCIATION OF NURSERYMEN, INC., AND SHALL BE FREE FROM PESTS, EGGS, DISEASES, AND REPRESENTATIVE OF SPECIES IN SIZE, QUALITY, FORM AND COLOR. PLANTS SHALL NOT BE ROOT BOUND, DAMAGED OR SUBSTANDARD IN ANY WAY. ALL MATERIALS TO BEAR ORIGINAL LABELS. B. OWNER SHALL REVIEW AND TAG ALL PLANT MATERIALS AT NURSERY AND PRIOR TO PLANTING FOR CONFORMITY TO SPECIFICATIONS. C. ANY PLANT DEEMED SUBSTANDARD BY THE OWNER WILL BE REMOVED FROM SITE AND REPLACED BY CONTRACTOR AT CONTRACTOR'S COST. 5. TOP SOIL IS TO BE LOCAL, FRIABLE MATERIAL OF ACCEPTABLE QUALITY, FREE FROM EXTRANEOUS MATERIAL OVER 1" IN DIAMETER, WEEDS, CHEMICALS, SEEDS, AND NOXIOUS MATERIAL. THE pH TO RANGE FROM 6.5 TO 8.4 AND PPM OF SALT TO BE LESS THAN 1000. 6. TREES AND SHRUBS TO HAVE SOILS SAUCER AS INDICATED. 7. CONTRACTOR TO GUARANTEE PLANT MATERIALS AS FOLLOWS: A. 15 GAL. AND LARGER - ONE YEAR B. ALL OTHER PLANTS - SIX MONTHS C. UNIFORM STANDARD OF SEEDED AREAS WITH NO BARE AREAS, THIN AREAS OR SPOTS. 8. FINISH GRADE FOR PLANTED AREAS SHALL BE 1" BELOW ALL CURBS, WALKS AND PAVING WITH SMOOTH EVEN LINES AT EDGES OF STRUCTURES. NON -PLANTED AREAS TO BE RAKED AND COMPACTED AS NOTED AND LEFT SMOOTH AND EVEN WITH FINISH GRADE 1" BELOW ALL STRUCTURES. 9. PLANTING HOLES ARE TO BE 2 X ROOT BALL WIDTH AND 1-1/2 X ROOT BALL DEPTH. BACKFILL WITH 3/4 SITE SOIL AND 1/4 ORGANIC AMENDMENT. 10. SIZES, QUANTITY, TYPES OF PLANTS TO BE SHOWN ON DRAWINGS. 11. CONTRACTOR IS RESPONSIBLE FOR ALL PERMITS, COORDINATION, SCHEDULING, UTILITY VERIFICATION AND DAMAGES TO OTHER TRADES, AND UTILITY DAMAGE. 12. CONTRACTOR SHALL VERIFY ALL SITE CONDITIONS AND ANY DISCREPANCY IS TO BE REPORTED TO OWNER PRIOR TO WORK IN THAT AREA. 13. CONTRACTOR SHALL INSURE PROPER DRAINAGE IN ALL PLANT HOLES. 14. ALL TREE AND SHRUB PLANTS TO RECEIVE AGRI-FORM TABLETS AS PER MANUFACTURER INSTRUCTIONS, AND IN ACCORDANCE WITH THE FOLLOWING TABLE: 1 GAL. - (2) 5 GRAM TABLETS 5 GAL. - (4) 5 GRAM TABLETS 15 GAL. - (12) 5 GRAM TABLETS 24 INCH AND LARGER - (18) 5 GRAM TABLETS 15. ALL PLANT MATERIALS SHALL BE PROPERLY STORED AFTER DELIVERY TO PROTECT THEM FROM WEATHER OR OTHER CONDITIONS WHICH COULD CAUSE DAMAGE. CONTRACTOR IS LIABLE FOR REPLACEMENT OF DAMAGED MATERIAL WITH LIKE MATERIAL FROM SAME SUPPLIER. 16. LAYOUT PLANTS AT LOCATIONS SHOWN ON THE DRAWINGS. USE 12" STAKES: COLOR CODED FOR EACH SPECIES OF PLANT. STAKE EACH TREE AND MAJOR SHRUB. 17. CONTRACTOR IS RESPONSIBLE FOR PRESERVATION AND WATERING OF ALL EXISTING PLANT MATERIALS TO REMAIN. FENCE OFF PLANT MATERIALS DURING CONSTRUCTION PERIODS TO AVOID DAMAGE. CONTRACTOR SHALL PAY FOR LIQUIDATED DAMAGES DUE TO PLANT MATERIALS LOST OR DAMAGED DURING CONSTRUCTION. 18. CONTRACTOR TO MAINTAIN ALL LANDSCAPE AREAS FOR A MINIMUM OF 90 DAYS AFTER COMPLETION OF PROJECT. 19. PROVIDE PROTECTION TO ALL PLANTS FROM RABBITS, INSECTS AND OTHER PESTS. \ ; \ \ WA 4 Z i ! 1/4" DISTRIBUTION TUBE SINGLE OUTLET EMITTER N PLANT CENTER FINISH GRADE ROOT BALL PLANT PIT x a TUB POLYETHYLENE -7 ourNOTE: IF PLANTED ON SLOPE, PLACE EMITTER ON UPHILL SIDE OF PLANT SINGLE OUTLET EMITTER SCALE: NTS 5 FOOT DIAMETER DISTRIBUTION TUBING DISCHARGE POINT 1" ABOVE FINISH GRADE TREE LATERAL LINE OR EMITTER TUBING MULTI -OUTLET EMITTER EMITTER PLACEMENT AT TREES NTS FLUSH END ASSEMBLY SCALE: NTS ROUND BOX & COVER NISH GRADE HT ADAPTER AND FHT CAP SER 4" CRUSHED GRAVEL SUMP CU. FT. NATTER LATERAL No. Date Revisions FORM A 4" DEEP E AROUND TREE FINISH GRADE BACKFILL MIXT 2/3 SITE SOIL 113 SOIL AMENI ROOT (SIZE 11AKlt5) 3 TIMES BALL 1 111101,14 NOTE: 1. REMOVE ALL NURSERY STAKES AND CONTAINERS 2. WATER SETTLE BACKFILL IN 6" LIFTS TREE PLANTING NTS TREE STAKE BIODEGRADABLE TREE TIE CHAFING GUARD SLOW RELEASE FERTILIZER TABLETS CIRCULAR PLANT PIT TAPER SIDES AND SCARIFY SIDES AND BOTTOM NOTES: 1. FINISHED DEPTH: 2" MIN. 2. BEFORE SPREADING ROCK, REMOVE ROCK & DEBRIS. 3. DURING INSTALLATION RAKE D.G. TO SETTLE FINES. 4. LIGHTLY BROOM SURFACE OF D.G. AFTER INSTALLATION. 5. APPLY PRE -EMERGENT TO ALL D.G. AREAS. 6. APPLY A LIGHT MIST OF WATER OVER THE ENTIRE D.G. SURFACE. DECOMPOSED GRANITE/DECORATIVE ROCK PER PLANTING LEGEND APPLY PRE -EMERGENT HERBICIDE TO SUBGRADE DECORATIVE ROCK SCALE: NTS MULTI -OUTLET EMIT--- (6 out 314" POLYETHYLENE TUBING MULTI OUTLET EMITTER SCALE: NTS Item 6N c3KAU 114" DISTRIBUTION TUBING }TH COARSE GRAVEL OV1214-24 REF: G1400060 REF: OV1210-17 Two working days before you dig CALL FOR THE BLUESTAKES 1-800-781-534 Blue Stake Center Scale AS SHOWN ����as��}a� f Job No.185126-G-007-0200 4 4712 PETER Date SEPTEMBER 2014 NICHOLAs o RUMNEY Designed By PNR '' + ned,+' Checked By GLG NA Sheet of :R GENERAL NOTES: 1. GROSS AREA OF THE SITE = 14.0 ACRES, 609,903 SF EXISTING BUILDING AREA = 75,634 SF PROPOSED COURTS = 13,364 SF EXISTING IMPERVIOUS AREA = 430,600 t SF 2. NUMBER OF COMMERCIAL LOTS = 2 3. EXISTING ZONING FOR THIS SITE IS RANCHO VISTOSO PAD, C-2 EXISTING SURROUNDING ZONING: NORTH = PAD (GOLF COURSE) EAST = PAD (GOLF COURSE) SOUTH = PAD (MHDR) WEST = PAD (GOLF COURSE) 4. APPROXIMATE EXISTING BUILDING SQUARE FOOTAGE: GUARD SHACK = 288 SF SOCIAL BLDG. = 20,796 SF SPORTS BLDG. = 20,174 SF CRAFTS BLDG. = 10,294 SF CONCESSION BLDG. = 573 SF GOLF PRO SHOP = 7,233 SF GOLF CART BLDG. = 5,320 SF ADMIN. BLDG. = 10,956 SF TOTAL = 75,634 SF 5. PROPOSED IMPROVEMENT SQUARE FOOTAGE: BOCCE COURT = 4,939 SF PICKLE BALL COURT = 8,425 SF TOTAL = 13,364 SF 6. SETBACKS: FRONT=15', SIDE=O', REAR=10', & ALONG STREET FRONTAGE=20' 7. PARKING: MINIMUM REQUIRED PARKING PER Co9-85-95 = 408 SPACES EXISTING REGULAR PARKING = 411 SPACES EXISTING HANDICAP ACCESSIBLE PARKING = 18 SPACES TOTAL PARKING PROVIDED - 429 SPACES 8. MAXIMUM PERMITTED BUILDING HEIGHT IS THIRTY-NINE FEET (39'), THREE STORIES. 9. FOR ADDITIONAL GENERAL NOTES REFER TO DEVELOPMENT PLAN AMENDED ON 11 /10/1986. 10. THE INTENT OF THIS PLAN IS TO APPROXIMATELY DEPICT EXISTING CONDITIONS AND TO ILLUSTRATE PLANNED FUTURE IMPROVEMENTS. 11. THE ON -SITE EXISTING SEWERS ARE BOTH PRIVATE AND PUBLIC. NO NEW SEWERS ARE PROPOSED. 12. NO NEW ROADS ARE PLANNED. 13. THIS PLAN DOES NOT AFFECT EXISTING A.D.A. ACCESSIBILITY. 14. PROPOSED SITE IMPROVEMENT AREA/FOOTPRINTS ARE CONCEPTUAL. FINAL SITE IMPROVEMENT DESIGN WILL BE DEPICTED ON IMPROVEMENT PLANS AND BUILDING PLANS. DETAILED GRADING AROUND PROPOSED COURTS WILL BE DEPICTED ON IMPROVEMENT PLANS AND WILL CONFORM TO APPLICABLE CODES. 15. ASSURANCES FOR SITE IMPROVEMENTS, LANDSCAPING AND REVEGETATION BONDS MUST BE POSTED PRIOR TO ISSUANCE OF GRADING PERMITS. 16. A UTILITY CLEARANCE LETTER WILL BE REQUIRED FROM THE RECIPIENT OF THE EXISTING 10' UTILITY EASEMENT (DOCKET 7978, PAGE 1101) AUTHORIZING THE CONSTRUCTION OF THE PROPOSED PICKLE BALL COURT OVER THE EASEMENT. THIS AUTHORIZATION WILL BE REQUIRED AT THE TIME OF PERMIT SUBMITTAL. GENERAL NOTES: 1. BASIS OF BEARING: CENTERLINE OF RANCHO VISTOSO BOULEVARD FROM STATION 230+02.60 SOUTH ALONG THE CENTERLINE. BEARING BEING N13°39'07"W. 2. BASIS OF ELEVATION. BRASS DISC SURVEY MONUMENT (LS 4527) LOCATED AT STATION 230+02.60 ON RANCHO VISTOSO BOULEVARD. ELEVATION IS 2973.73. DATUM 1929. 3. MATERIALS WITHIN SIGHT VISIBILITY TRIANGLES MUST BE PLACED SO AS NOT TO INTERFERE WITH A VISIBILITY PLANE DESCRIBED BY TWO HORIZONTAL LINES LOCATED THIRTY (30) AND SEVENTY-TWO (72) INCHES ABOVE FINISHED GRADE OF THE ROADWAY SURFACE. ALL RETAINING WALLS TO BE REVIEWED AND APPROVED THROUGH SEPARATE SUBMITTAL PROCESS. 5. ANY RELOCATION OR MODIFICATION OF EXISTING UTILITIES AND/OR PUBLIC IMPROVEMENTS NECESSITATED BY THE PROPOSED DEVELOPMENT WILL BE AT NO EXPENSE TO THE PUBLIC DRAINAGE GENERAL NOTES: 1. A DRAINAGE REPORT IS ON FILE WITH THE TOWN OF ORO VALLEY. 2. DEVELOPER WILL COVENANT TO HOLD TOWN OF ORO VALLEY, ITS SUCCESSORS AND ASSIGNS, HARMLESS IN THE EVENT OF FLOODING. 3. DRAINAGE WILL NOT BE ALTERED, DISTURBED OR OBSTRUCTED WITHOUT THE APPROVAL OF THE ORO VALLEY TOWN COUNCIL. 4. DRAINAGE MUST BE COLLECTED AND RELEASED FROM A PROPOSED DEVELOPMENT AT THE LOCATIONS AND IN THE MANNER EXISTING PRIOR TO DEVELOPMENT. 5. IF DRAINAGE IS TO BE DISTURBED OUTSIDE THE BOUNDARIES OF THE DEVELOPMENT, ARRANGEMENTS MUST BE MADE WITH ADJACENT OWNERS, AND DOCUMENTATION SUBMITTED. TOWN OF ORO VALLEY ORIGINAL CASE#: OV1210-17 THIS PROJECT CASE#: TBD ZONE: SEE NOTES ADMIN. ADDRESS: 1565 E. RANCHO VISTOSO BLVD. EXST. GOLF PUTTING AREA L=36.14' R=25.00 SUN CITS' VISTOSO PICKLE BALL COURT AND B0('___11.CE BALL COURT DEVELOPMENT PLAN 1565 E. RANCHO vis'roSO BLVD.., ORS VALLEY, ARIZONA i, II / rr �ir ii` � r Jam, PAD GOLF COURSE / EXST. GUARD\ \\ \`���,� SHACK o\ % i % LEGEND: �`u\ 4\a, NOT ALL SYMBOLS ARE SHOWN ON THE PLANS - - - - 1260 - - - EXISTING 5 CONTOUR `\ - EXISTING CONTOUR `\`� �� ` 1258 NEW CONTOUR �\ '`�\� \� `�„'`\\A -�--c- DITCH, SWALE, OR DRAINAGE PROPERTY LINE a -- -- EASEMENT/SET-BACK LINE ---- -- -- ROAD CENTERLINE ti �-, DRAINAGE FLOW ; t 20.19 NEW ELEV.10 t 1v EXISTING ELEV. �• FOUND BRASSCAP • FOUND REBAR ` BC BACK OF CURB � L BSL BLDG SETBACK LINE BW BOTTOM OF WALL �+ 10 C CONCRETE ELEV. DW DRIVEWAY ELEV ELEVATION ESMT EASEMENT ETC DRY UTILITIES EXST EXISTING ` FF FINISH FLOOR ELEV. FIG FINISHED GRADE ELEV. , G GUTTER ELEV. GB GRADE BREAK GL GAS LINE ; HWE HIGH WATER ELEVATION ML MEDIAN LINE NG NATURAL GROUND P PAVEMENT ELEV. EXST. PUE PUBLIC UTILITY ESMT. ADMINISTRATION ROW RIGHT-OF-WAY BUILDING SL SEWER LINE SS SANITARY SEWER SSL SEPTIC SETBACK LINE TIC TOP OF CURB TF TOP OF FOOTING TRW TOP OF RETAINING WALL TVF TOP OF VIEW FENCE TW TOP OF WALL ELEV VG VALLEY GUTTER ELEV WL WATER LINE ,_..a >�-_ RIP RAP, DETAILS PER PLAN PROPOSED 4,938.50 SF BOCCE BALL .... COURT A CDDn\/A I C. ORO VALLEY TOWN CLERK EXST. SOCIAL BUILDING EXST. CRAFTS BUILDING EXST. SPORTS BUILDING THIS PROJECT EXST. POOL SUN CITY VISTOSO UNIT 1 (BK. 40, PC 53) PAD, MHDR EXST. CONCESSIONS BUILDING EXST. BOCCE BALL COURT N PROPOSED 8,425 SF S PICKLE BALL COURT I �I ` �_ EXST. PRO SHOP \ ---- BUILDING EXST. GOLF MAINTENANCE BUILDINGS N PROJECT OVERVIEW •! 50, • 10i •• DATE ORO VALLEY TOWN ENGINEER ORO VALLEY PLANNING DIVISION MANAGER DATE ORO VALLEY WATER UTILITY DIRECTOR OEEN('INEERING -� 706 E. Bell Road CALL TWO WORKING DAYS Suite +) 08 BEFORE YOU DIG I 8 M0R°RGM-[E �F' Phoenix, A? 85022 Tel. (602) �:68-8489 Fax (602) z68-8389 17 2U TO"VN OF OI? 0 VALLEY" LOCATION MAP N TS BEING A PORTION OF SECTION 19, TOWNSHIP 11 SOUTH, RANGE 14 EAST, G.&S.R.M., TOWN OR ORO VALLEY, PIMA COUNTY, ARIZONA APN 223-01-002G OWNER: SUN CITY VISTOSO COMMUNITY ASSOCIATION 1565 E. RANCHO VISTOSO BLVD. ORO VALLEY, AZ 85755 (520) 852-3711 PH SHEET INDEX: DP-1 COVER SHEET DP-2 DEVELOPMENT PLAN DATE DATE A07-18-14 ORO VALLEY APPROVAL REV DATE ISSUED FOR C) 0 O cn {� L.Li Job No: 2014-0605 a� \E �CArF Scale: 1=100' y Ci 28280 a c> DAVID M. `- Engineer: D. NOE a NO 00 r Designer; C,.12EAU 9� `�Si ed P `Ip S Checked By. Expire 9/30 15 o Q a_ Client/Project z SUN CI TY VISTOSO J 1565 E. RANCHO VISTOSO w r BLVD. o ORO VALLEY, AZ F- s I Title DEVELOPMENT PLAN I 0 COVER `3H EET o PICKLE _3ALL AND BOCCE BALL COURTS ~� U N W_ O J Drawing No. CD00 w `- w r O < 'L_ DP--1 �Of wQ �o Z F- �a-