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HomeMy WebLinkAboutOV129316AF. ANN RODRIGUEZ+ RECORDER RECORDED BY: L r � ` D TY RECORDER 1963 RD 14 j ` TFATI FIRST AMER I CAN TITLE -118zloA. 1880 E RIVER RD TUCSON AZ 85713 DOCKET: 997 PAGE: 1Z . ,NO. OF PAGES: 4S SEQUENCE: 0Zi 0: 1'?!f, REST 16 : 00 : oo PICKUP AMOUNT PAID $ F'Z . 0(D �.— C)\) DECLARATION OF CO'. .ESTRICTTONS AT RANCHO VTSTOSO . tcu � ED JAN 2 0 1998 Town of Oro Valley L OC-: 6, - pr 9973 12-23 n TABLE OF CONTENTS RECITALS......................................:............ 1 ARTICLE 1 DEFINITIONS ...................................... 2 ARTICLE 2 EASEMENTS AND RIGHTS OF ENJOYMENT IN THE COMMON AREAS ............................ 7 2.1 Easements and Rights of Enjoyment ........................ 7 2.2 Delegation of Use ..................................... 8 2.3 Waiver of Use ....................................... 8 2.4 Temporary Sign Easement ............................... 8 ARTICLE 3 ARCHITECTURAL AND LANDSCAPING RESTRICTIONS AND CONTROL ....................... 8 3.1 Landscaping Restrictions ................................. 8 3.2 Power and Duties ..................................... 9 3.3 Organization of Design Review Committee ................... 9 3.4 Meetings and Compensation of Design Review Committee ........ 10 3.5 Design Review Committee Guidelines ....................... 10 3.6 Obligation to Obtain Approval ............................ 11 3.7 Waiver ............................................ 11 3.8 Liability ............................................ 12 3.9 Fees .............................................. 12 3.10 Inspec-tion.......................................... 12 ARTICLE 4 PERMITTED USES AND RESTRICTIONS .................. 12 4.1 Covenants, Conditions, Restrictions, and Easements ............. 12 4.2 Variances ........................................... 19 ARTICLE 5 ORGANIZATION OF ASSOCIATION ..................... 20 ARTICLE 6 MEMBERSHIPS AND VOTING .......................... 21 6.1 Votes of Owners of Lots and Parcels ........................ 21 6.2 Declarant ........................................... 22 6.3 Voting Classes ..:.................................... 22 6.4 Right to Vote ....................................... 22 6.5 Members' Rights ...................................... 23 6.6 Transfer of Membership ................................. 23 -9973 1224 ARTICLE 7 ASSESSMENTS AND CREATION OF LIEN ................. 23 7.1 Creation of Assessment Lien; Personal Obligation of Lot or Parcel Owner ......................... 23 7.2 Annual Assessments .................................... 24 7.3 Rate of Assessment .................................... 24 7.4 Maximum Annual Assessment ............................. 24 7.5 Special Assessments .................................... 25 7.6 Notice and Quorum for Any Action Authorized Under Sections 7.4 and 7.5 .............................. 26 7.7 Maintenance Assessments ................................ 26 7.8 Annual Assessment Period ............................... 26 7.9 Billing and Collection Procedures .......................... 26 7.10 Collection Costs and Interest on Delinquent Amounts ............ 27 7.11 Statement ofPayment.................................. 27 ARTICLE 8 ENFORCEMENT AND THE ASSESSMENT LIEN ............ 27 8.1 Association Remedies to Enforce Assessments .................. 27 8.2 Subordination of Assessment Lien .......................... 28 8.3 Release of Recorded Assessment Lien ....................... 28 ARTICLE 9 USE OF ASSOCIATION FUNDS ......................... 28 9.1 Use of Association Funds ................................ 28 9.2 Borrowing Power ..................................... 29 9.3 Association's Rights in Spending Funds From Year to Year .................................... 29 ARTICLE 10 MAINTENANCE .................................... 29 10.1 Common Areas and Public Rights -of -Way .................... 29 10.2 Assessment of Certain Maintenance Costs ..................... 30 10.3 Improper Maintenance and Use of Lots and Parcels .............. 30 ARTICLE 11 RIGHTS AND POWERS OF ASSOCIATION ............... 31 11.1 Rights, Powers, and Duties of the Association ................. 31 11.2 Rules and Regulations .................................. 31 11.3 Association's Rights of Enforcement ........................ 31 11.4 Contracts with Others .................................. 31 11.5 Procedure for Change of Use of Common Areas ................ 31 11.6 Procedure for Transfers of Common Areas .................... 32 9973 1225 0 ARTICLE 12 TERM; AMENDMENTS; TERMINATION ................. 32 12.1 Term; Method of Termination ............................ 32 12.2 Amendments ........................................ 33 12.3 Right of Amendment if Requested by Governmental Agency of Federally Chartered Lending Institution .............. 33 ARTICLE 13 ANNEXATION OF ADDITIONAL PROPERTY ............. 34 13.1 Annexation of Additional Property ......................... 34 13.2 Supplementary Declarations .............................. 34 ARTICLE 14 EMINENT DOMAIN AND INSURANCE IIWOLVING THE COMMON AREA ............................... 35 14.1 Eminent Domain ....................................... 35 14.2 Authority to Purchase Insurance ........................... 35 14.3 Individual Responsibility ................................ 35 14.4 Insurance Claims ...................................... 36 ARTICLE 15 MISCELLANEOUS .................................. 36 15.1 Enforcement Rights ................................... 36 15.2 Intcrpretation .of the Covenants .:.......................... 36 15.3 Severability......................................... 36 15.4 Rules Against Perpetuities ............................... 36 15.5 Change of Circumstances ................................ 36 15.6 Declaranes Disclaimer of Representations ..................... 36 15.7 Successors and Assigns .................................. 37 15.8 Gender and Number ................................... 37 15.9 Captions ........................................... 37 15.10 Notices ............................................ 37 15.11 FHA/VA Approval ..................................... 37 9973 1226 THIS DECLARATION OF COVENANTS,CONDITIONS, AND RESTRICTIONS FOR HONEY BEE CANYON ESTATES AT RANCHO VISTOSO (the "Declaration") is executed to be effective as of the, day of (�e Pi )1994, by Honeybee Land Corporation, an Arizona corporation, (the "Declarant" or the "Developer") and First American Tide Insurance Company, a California corporation, as Trustee under Trust No. 4621, as fee tide holder. 4A� A. Declarant is the owner and developer of certain real property in Pima County, Arizona located primarily north of Tangerine Road, west of the Tucson -Florence Highway (Oracle Road) and cast of King Air Road, comprising Parcel B, Neighborhood 13 of Rancho Vistoso, more particularly described on Exhibit A attached hereto (the "Covered Property') to be known and developed under the name "Honey Bcc Canyon Estates at Rancho Vistoso." B. The Covered Property is affected by and subject to that certain Declaration of Covenants, Conditions, Restrictions, and Easements for Rancho Vistoso dated September 16, 1986, and recorded on September 17, 1986 in Docket 7871, pages 1688- 1786, and re -recorded on November 20, 1986 in Docket 7915, pages 1281-1379, restated and recorded on April 24, 1987 in Docket 8021, pages 925-1024, amended and recorded on July 13, 1988 in Docket 8327,.pages 2058-2071; supplemented and recorded on March 15, 1989 in Docket 8494, pages 189-195, and amended and recorded on September 25, 1989 in Docket 8629, pages 576-584, all in the office of the Pima County, Arizona Recorder (the "Master Declaration"). C. .Declarant intends that the provisions herein contained are in addition but subject and subordinate to the applicable provisions of the Master Declaration (and the Articles, Bylaws, and Association Rules identified in the -Master Declaration), and not in substitution therefore, and in the event of any conflict or inconsistency between the provisions of this Declaration and the Master Declaration, the provisions of the Master Declaration shall control. D. Declarant desires and intends to establish a general plan for the improvement, development, use, and enjoyment of the Covered Property, and declares that the Covered Property shall be held, sold, and conveyed subject to the casements, restrictions, covenants, and conditions provided for in this Declaration, which: (i) are for the purpose of protecting the value, desirability, attractiveness, and natural desert character 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, tide, or interest in the Covered Property, or any part thereof; and (iv) shall inure to the benefit of each owner thereof and their heirs, successors, and assigns. E. Declarant desires to form an Arizona nonprofit corporation to be known as the "Honey Bee Community,Association," which shall be the "Association," for the purposes of, among other things: (i) holding tide in fee or otherwise to the Common Areas; (ii) the efficient preservation of the values and amenities of the Covered Property, in regard to which the Association will be delegated certain powers of administering and maintaining the 9:977 3 (1.2.7 Common Areas and enforcing this Declaration and'the Design Review Committee Guidelines adopted pursuant hereto; and (iii) establishing, collecting, disbursing and enforcing the Assessments created herein. F. It is specifically acknowledged that this Declaration, the Lots and Parcels described herein, and the Association and its Board and Members, arc all subject and subordinate to the Master Declaration and the Articles, Bylaws, and Association Rules (including Architectural and Landscaping Review Committee Guidelines) described therein. It is further specifically acknowledged that all members of the Association are also members of the Vistoso Community Association (the "Master Association") identified in the Master Declaration and are subject to all regular and special assessments of the Master Association in addition to the assessments of the Association. G. In regard to Declaranes formation of the Association and without obligation so to do, 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 Declaranes sole discretion. H. Until such time as the Association is incorporated, Declarant shall and does hereby reserve to itself, its successors and assigns, the right to exercise the powers, rights and duties granted to or imposed upon the Association under this Declaration. NOW, THEREFORE, Declarant hereby declares, covenants, and agrees as follows: ARTICLE 1 DEFINITIONS As used in this Declaration, the following terms shall have the following Meanings: 1.1 "Adjustment Date" shall mean January 1 of each year during the period this Declaration remains in effect; 1.2 encies" shall mean the FHA, the VA, the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and any other governmental agencies or financial institutions; 1.3 "Annual Assessments" shall mean the annual assessments levied by the Board pursuant to Section 7.2 of this Declaration; 1.4 "Articles" shall mean the Articles of Incorporation of the Association, as amended or restated from time to time, on file with the Arizona Corporation Commission; 2 s. I .. 1. 2.28 1.5 "Assessments" shall mean all Annual Assessments, Special Assessments, and Maintenance Assessments; 1.6 "Assessment 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 7.1 of this Declaration; 1.7 "Assessment Period' shall mean each period for which Assessments are to be levied against a Lot or Parcel pursuant to this Declaration, as more particularly described in Section 7.8 below; 1.8 "Association' shall mean the "Honey Bee Community Association;' an Arizona nonprofit corporation, its successors and assigns; 1.9 "Association Rules" shall mean the reasonable rules and regulations adopted by the Association pursuant to Section 5.3 of this Declaration; 1.10 "Board" shall mean the Board of Directors of the Association; 1.11 "BvvIaw_s" shall mean the Bylaws of the Association, as amended or restated from time to time; 1.12 "Common Areas" shall mean all real property and 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 which the Association has administrative, maintenance, or other similar responsibilities; 1.13 "County' shall mean Pima County, Arizona, provided, however, that in the event Honey Bee Canyon Estates at Rancho Vistoso (or any part thereof) is at any time annexed into a municipality, including without limitation the Town of Oro Valley, 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; 1.14 "Covered Property' shall mean the property more particularly described on Exhibit "A" attached hereto and incorporated by this reference, plus any additional property, if and to the extent annexed; 1.15 "Declarant" shall mean Honeybee Land Corporation, an Arizona corporation, and the successors and assigns of its rights and powers hereunder; 1.16 "Declaration' shall mean this Declaration of Covenants, Conditions, and Restrictions, including its Recitals, as amended or supplemented from time to time; 3 r�All 3 �� �29 1.17 "Delinquent Amount" shall mean any Special Use Fee or Assessment, or installment thereof, not paid when due; 1.18 "Design Review Committee" shall mean the committee formed pursuant to Article 3 of this Declaration; 1.19 "Design Review Committee Guidelines" shall mean the rules and regulations adopted, amended, and supplemented by the Design Review Committee pursuant to Section 3.5 of this Declaration; 1.20 "Developer Owner" shall mean a Person in the business of developing, leasing, and/or selling real property and who has acquired one or more Lots or Parcels in Honey Bee Canyon Estates at Rancho Vistoso in connection with, and in the course of, such business, for the purpose of developing, leasing, or selling such Lots or Parcels; 1.21 "Dwelling Unit" shall mean any building, or part.thereof, situated upon a Lot or Parcel and intended for use and occupancy as a residence by a Single Family; 1.22 "Event of Foreclosure" shall mean the foreclosure, the acceptance of a deed in lieu of foreclosure, or the transfer of title by trustee's deed at a trustee's sale in regard to a mortgage,_ deed of trust, or other encumbrance inferior in priority to an Assessment Lien; 1.23 "FHA" shall mean the Federal Housing Administration; 1.24 "Funds" shall mean all funds and property collected and received by the Association from any, source; 1.25 "Index' shall mean the Consumer Price Index, All Items, All Urban Consumers (1967 = 100) published by the United States Department of Labor; "_Comparison Index" shall mean the Index published- foe the month which is three months prior to an Adjustment Date; and "Base Index' shall mean the Index published for the month which is 12 months prior to the month for which the Comparison Index is published; 1.26 "Lot" or "Parcel" shall mean and refer to any plot of real property shown upon any recorded subdivision- map of the Covered Property, with the exception of the Common Areas; . 1.27 "Maintenance Assessments" shall mean the assessments, if any, levied by the Board pursuant to Sections 7.7 and 10.2 of this Declaration; 1.28 "Master Association" shall mean the Vistoso Community Association as identified in the Master Declaration. 4 %9 7:3.; f-, Zaa 1.29 "Master Declaration" shall mean that Declaration of Covenants, Conditions, Restrictions, and- Easements for Rancho Vistoso as identified in the Recitals hereto, as amended or supplemented from time to time; 1.30 "Master Development Plan" shall mean the conceptual or site development plan at any time in effect for Rancho Vistoso or Honey Bee Canyon Estates at Rancho Vistoso and approved by the County or any other governmental jurisdiction having the authority to approve and regulate master plans for planned area developments located in Rancho Vistoso, as the same may be amended from time to time. A current 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; 1.31 "Maximum Annual Assessment" shall mean the amount established by or in accordance with Section 7.4 of this Declaration; 1.32 "Member shall mean any Owner, including Declarant for so long as Declarant is a Class A or Class B Member; 1.33 "Membershiy" shall mean the amalgam of rights and duties of Owners, including Declarant so long as Declarant is a Class A or Class B Member, with respect to the Association; 1.34 "Non -Developer Owner" shall mean any Owner who is not a Developer Owner; 1.35 "Occupant" shall mean any Person, other than an Owner, occupying a Parcel or Lot, or any portion thereof or building or structure thereon, as a Resident, Tenant, licensee, or otherwise, other than on a merely transient basis; 1.36 "Owner" shall mean the Record holder of legal title to the fee simple interest in any Lot or Parcel or, in the case of a Recorded "contract" (as that term is defined in A.R.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 et seq., for purposes of this Declaration legal title shall be deemed to be held by the trustor (or the trustoes 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; 1.37 "Parcel" shall mean "Lot" or group of Lots; 1.38 "Person" shall mean a corporation, partnership, joint venture, individual, trust, or any other legal entity. 1.39 "Recorded Assessment Lien" shall mean an Assessment Lien with respect to which the Board has Recorded a notice of lien covering the Delinquent Amount plus 5 interest and accrued collection costs against the applicable Lot or Parcel (provided, however, that the Board's failure to Record an Assessment Lien against a Lot or Parcel shall not be deemed to invalidate or extinguish the Assessment Lien with respect to such Lot or Parccl); 1.40 "Record', "Recording;' and "Recorded" shall mean placing or having placed a document of public record in the Official Records of Pima County, Arizona; 1.41 "Resident" shall mean: 1.41.1 each Tenant who resides on the Covered Property and the members of the immediate family of each Tenant who reside on the Covered Property; 1.41.2 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, 1.41.3 such persons as the Board, in its absolute discretion, may authorize, including without limitation guests of an Owner or Tenant; 1.42 "Single Family' shall mean a group of persons related by blood, marriage, or legal adoption, or a group of not more than three unrelated persons maintaining a common household; 1.43 "Special Assessments" shall mean the assessments, if any, levied by the Board pursuant to Section 7.5 of this Declaration; 1.44 .",SRecial Use Fees" shall mean any fees charged by the Association for use of the Common Areas pursuant to Section 2.1 of this Declaration; 1.45 'Tenant" 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. § 33-1310(11) or otherwise; 1.46 "VA" shall mean the United States Veterans' Administration; 1.47 "Visible From Neighboring�Property" shall mean, with respect to any given object or activity, that such object or activity is or would be visible without artificial sight aids from sie (6) feet above any other property of similar elevation, provided such other property is within any of the Lots or Common Areas. 0 -9 9 7 3- .1-23 2 ARTICLE 2 EASEMENTS AND RIGHTS OF ENJOYMENT IN THE COMMON AREAS 2.1 Easements and Rights of Enjoyment. Each Owner shall have a nonexclusive casement for use and enjoyment in and to the Common Areas, which nonexclusive easement shall be appurtenant to and shall pass with the title to each Owner's Lot or Parcel. All Occupants shall have a nonexclusive, nontransferable temporary license to use and enjoy the Common Areas so long as they remain Occupants. The foregoing grants and rights are subject, among other things, to the following limitations: 2.1.1 The right of the Association pursuant to this Section and Section 11.1 below to charge reasonable 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 selected by the Board to be subject to a Special Use.Fee, and shall be intended to collect revenue from the actual users, of 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 rather are borne, at least in part, by the Owners, Occupants, and other persons utilizing such selected Common Areas; 2.1.2 The right of the Association to suspend the voting rights and the rights to use and enjoyment of the Common Areas of any Owner or Occupant, as the case may be: (a) for any period during which an Assessment remains delinquent; (b) for a period not to exceed 60 days for any infraction of this Declaration, the Master Declaration, the Association Rules, or the Design Review Committee Guidelines; or, (c) for successive 60-day periods if any such delinquency or infraction is not corrected during any preceding suspension period; 2.1.3 The right of the Association to limit the number of guests of an Owner or Occupant who may use the Common Areas; and, 2.1.4 The right of the Association to regulate use of the Common Areas in accordance with this Declaration. 7 2:2 Delegation of Use. Any Owner or Occupant, in accordance with the Association Rules and this Declaration, may delegate his rights of use and enjoyment in the Common Areas to the members of his family or his Occupants or guests subject to the limitations set forth herein and in the Association Rules. 2.3 Waiver of Use. No Owner may exempt himself from personal liability for Assessments, or release the Lot or Parcel owned by him from any liens or charges arising under this Declaration by waiver of his or his Occupant's or guests' rights of use and enjoyment of the Common Areas. 2.4 Temporary Sian Easement. Declarant hereby reserves to itself a temporary easement over, upon, and across those portions of the Common Areas adjacent to publicly dedicated streets and roadways for purposes of installing and maintaining signs identifying Persons building upon or developing portions of the Covered Property. The easement reserved hereby shall expire and terminate upon completion of construction and sales activities upon the Covered Property,. but in no event later than 10 years after the date this Declaration is Recorded. 2.5 Reservation for Easement with Adjoining Property. Declarant hereby reserves to itself the right to execute and Record an instrument or instruments establishing an easement or casements on, under, over, and through any portion or all of Common Area B and any portion or all of the south 25 feet of Lot 28 and any portion or all of the north 25 feet of Lot 29 of the Covered Property, said easement or easements to be for the benefit of the owners of the adjoining property described Neighborhood 11 or Neighborhood 12 on Exhibit B hereto, as reasonably necessary for ingress, egress, access, utility, sanitation, sewer, mail, and police, fire, ambulance, and other emergency service. The right reserved to Declarant in this paragraph shall expire on that date which is 10 years after the date this Declaration is Recorded, except to the extent of any easements Recorded prior to said expiration. Declarant shall also be entitled to accept or receive for the benefit of the Owners of the Covered Property an easement or easements for similar purposes on, under, over, or through any portion of the adjoining property described as Neighborhood 11 or Neighbor- hood 12 on Exhibit B. ARTICLE 3 ARCHITECTURAL AND LANDSCAPING RESTRICTIONS AND CONTROL 3.1 Landscaping Restrictions. 3.1.1 General Requirements. Except as expressly provided herein or approved by the Design Review Committee, landscaping on the Covered Property shall be consistent with the character of the native desert environment surrounding Honey Bee Canyon Estates at Rancho Vistoso, and shall comply with the provisions of the Design Review Committee Guidelines relating to permitted and prohibited plants, and with all applicable native plant preservation regulations of the County and the State of Arizona. Native plants which must be removed to permit construction work on the Covered Property shall be inventoried prior 9 97 3j V-24-3:4. to removal, and shall be transplanted to another location on the Covered Property or replaced with equivalent plants approved by the Design Review Committee in accordance with the Design Review Committee Guidelines. Plants shall be transplanted in accordance with customary professional standards. Transplanted or replacement plants shall be maintained and watered as appropriate until reestablishment. Any native plants on the Covered Property which die as a result of transplanting or construction activity on the Covered Property shall be replaced with equivalent plants approved by the Design Review Committee in accordance with the Design Review Committee Guidelines. 3.1.2 Restrictions Applicable to Lots and Parcels. All Lots and Parcels, excluding driveways and parking areas, and in the case of a Lot, excluding that portion of the Lot, if any, which is enclosed by a perimeter wall around the rear yard, shall be landscaped in a natural desert manner, using indigenous or similar plants and soil approved by the Design Review Committee. 3.1.3 Natural Areas. The existcnce of the conservation casement to the Town of Oro Valley is hereby acknowledged. Separate therefrom and within each Lot, the Design Review Committee shall establish or approve an area within which all improvements shall be made, outside of which the property must remain as natural desert, except as otherwise established or approved by the Design Review Committee pursuant to the Design Review Committee Guidelines. 3.2 Power and Duties. The Design 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. Without limiting the generality of the foregoing, it shall be the duty of the Design Review Committee to consider and act upon all proposals or plans submitted to it pursuant to the provisions hereof, to adopt and enforce the Design 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. 3.3 Organization of Design Review Committee. The Design Review Committee shall be organized as follows: 3.3.1 Committee Composition. The Design Review Committee shall consist of no less than three members, and no more than five members, as determined by a vote of the Board. A member shall not be required to satisfy any particular qualification for membership and may be a member of the Board, an officer of the Association, or an officer, agent, or employee of Declarant; 3.3.2 Term of Office. Unless a member of the Design Review Committee has resigned or 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 successor. Any new member appointed to replace a member who has resigned or been removed shall serve such member's unexpired term. Members of the Design Review Committee who have resigned, been removed, or whose terms have expired may be reappointed; Z .9973 2 � 3.3.3 Appointment and Removal. Except as hereinafter provided, the right to appoint and remove all members of the Design Review Committee at any time shall be and is hereby vested solely in the Board. Until such time as the Declarant fails to exercise its right or Records an instrument waiving such right, the right to appoint and remove all members of the Design Review Committee shall be vested exclusively in Declarant through and including December 31, 1994, and thereafter such right shall continue in Declarant, subject to the following: (a) From and after January 1, 1995, the Board shall have the right to appoint and remove one member of the Design Review Committee; (b) From and after January 1, 1997, the Board shall have the right to appoint and remove two member of the Design Review Committee; and (c) From and after January 1, 1999, the Board shall have the right to appoint and remove all members of the Design Review Committee; except that, for so long as the Declarant owns any, Lot, Declarant shall continue to have the right to appoint and remove at least one member of the Design Review Committee. 3.3.4 Resignations.. Any member of the Design Review Committee may at any time resign by giving written notice thereof to the Board; and, 3.3.5 Vacancies. Vacancies on the Design Review Committee, however caused, shall be filled by the Board or the Declarant, whichever one appointed the member whose position has become vacant. A vacancy or vacancies on the Design Review committee shall be deemed to exist in case of the death, resignation, or removal of any member. 3.4 Meetings and Compensation of Design Review Committee. The Design Review Committee shall meet from time to time as necessary to perform its duties hereunder. The vote or written consent of a majority of the members shall constitute the act of the Design Review Committee. The Design Review Committee shall keep and maintain a written record of all actions taken by it. Members of the Design Review Committee shall be entitled to no compensation for their services. Members shall be entitled to reimbursement for reasonable expenses incurred by them in the performance of their duties. Professional consultants and representatives retained for assistance by the Design Review Committee shall be paid such compensation as the Board determines. 3.5 Design Review Committee Guidelines. Subject to the written approval of the contents thereof by the Board, the Design Review Committee shall adopt, and may from time to time amend, supplement, and repeal, the Design Review Committee Guidelines. The Design Review Committee Guidelines shall interpret, implement, and supplement this Declaration, and shall set forth procedures for Design Review Committee review and the standards for development within the Covered Property. The Design Review Committee Guidelines shall include, without limitation, provisions regarding: 10 9973-: U236 3.5.1 the size, including massing, area, and height, of Single Family Dwelling Units; 3.5.2 architectural design and standards, with particular regard to the harmony of the design with surrounding structures and topography; ments; 3.5.3 placement and type of buildings, lighting, and other improve- 3.5.4 regulation of construction; 3.5.5 landscaping design, content, and conformity with the natural desert character of Honey Bee Canyon Estates at Rancho Vistoso; 3.5.6 requirements concerning exterior color schemes, exterior finishes, and materials, in particular the use of desert tones and muted colors throughout Honey Bee Canyon Estate at Rancho Vistoso; 3.5.7 signage; and 3.5.8 perimeter and screen wall design and appearance. The Design Review Committee Guidelines shall have the same force and effect as the Association Rules. 3.6 ..Obligation to Obtain Approval. 3.6.1 Except as otherwise c)Tressly provided in this Declaration or the Design Review Committee Guidelines, without the prior written approval by the Design Review Committee of plans and specifications prepared and submitted to such Committee in accordance with the provisions of this Declaration and the Design Review Committee Guidelines: (a) no improvements, alterations, repairs, excavation, grading, landscaping, or other work shall be done which in any way alters the exterior appearance of any property or improvements thereon from their natural or improved state existing on the date this Declaration is first Recorded; and, (b) no building, fence, exteriorwall, pool, roadway, driveway, or other structure, improvement, or grading shall be commenced, erected, maintained, altered, changed, or made on .any Lot or Parcel at any time; 3.6.2 No exterior trees, bushes, shrubs, plants, or other landscaping shall be planted or placed upon the Covered Property except in compliance with plans and 11 '9973 19q? specifications therefor which have been submitted to and approved by the Design Review Committee in accordance with the Design Review Committee Guidelines; and 3.6.3 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 Design Review Committee, shall be permitted without approval of the change or deviation by such Committee. 3.7 Waiver. The approval by the Design Review Committee of any plans, drawings, or specifications for any work done or proposed, or for any other matter requiring the approval of the Design 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. 3.8 Liability. Neither Declarant nor the Design Review Committee (nor any member thereof) shall be liable to the Association, any Owner, or any other party for damage, loss, or prejudice suffered or claimed on account of: 3.8.1 the approval or disapproval of any plans, drawings, or specifica- tions, whether or not defective; 3.8.2 the construction or performance of any work, whether or not pursuant to approved plans, drawings, and specifications; 3.8.3 the development of any Lot or Parcel; or 3.8.4 the execution and filing of any estoppel certificate or statement, whether or not the facts therein arc correct, provided, however, that with respect to the liability of a member of the Design Review Committee, such member has acted in good faith on the basis of such information as may be possessed by him. Without in any way limiting the generality of any of the foregoing provisions of this Section 3.8, the Design Review Committee, or any member thereof, may, but is not required to, consult with or hear the views of the Association or any Owner (other than the Owner applying for consent or approval, whose views the Design Review Committee shall be required to hear) with respect to any plans, drawings, specifications, or any other proposal submitted for review. 3.9 Fees. Subject to approval by the Board, the Design Review Committee may establish reasonable processing fees to defer the costs of the Design Review Committee in considering any requests for approvals submitted to the Design Review Committee, which fees shall be paid at the time the request for approval or review is submitted. 3.10 Inspection. Any member or authorized consultant of the Design Review Committee, or any authorized officer, director, employee, or. agent of the Association, may 12 9973* 12:38. at any reasonable time and without being deemed guilty of trespass enter upon any Lot or Parcel, after reasonable notice to the Owner or Occupant of such Lot or Parcel, in order to inspect the improvements constructed or being constructed on such Lot or Parcel to ascertain that such improvements have been, or are being, built in compliance with the Design Review Committee Guidelines, this Declaration, and the Master Declaration. ARTICLE 4 PER141=D USES AND RESTRICTIONS 4.1 Covenants. Conditions, Restrictions, and Easements. The following covenants, conditions, restrictions, and reservations of casements and rights shall apply to all Lots and Parcels, and to the Owners and Occupants thereof: 4.1.1 General. (a) Single Family Residential Use. No structure whatsoever; other than one private, Single Family residence, together with a private garage for not less than 2 cars (only in certain situations will the Design Review Committee approve a garage for more than 4 cars) and one guest residence, one gazebo, one tennis court (only in certain situations on large Lots as approved by the Design Review Committee), one swimming pool, and one storage facility (all of which must be approved in advance by the Design Review Committee in accordance with this Declaration) shall be erected, placed, or permitted on any Lot. (b) Use, LeasinZ. No gainful occupation, profession, trade, or other nonresidential use shall be conducted on or in any Lot. The entire (but not less than all of a) Lot may be leased to a Single Family Tenant from time to time by the Owner, subject to the provisions of this Declaration, the Association Rules, and the Master Declaration. 4.1.2 Animals. No animal, livestock, poultry, or fowl of any kind, other than a reasonable number of generally recognized house pets 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 commercial purposes. No house pets shall be permitted to make an unreasonable 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, guest, or invitee; and persons walking pets shall carry a hand held shovel or other instrument designed for removing animal excrement from the ground and shall remove the Pecs excrement from the Covered Property; 13 .9973 1239 4.1.3 Graff. No garbage or trash shall be allowed, stored, or placed on a Lot or Parcel except in sanitary, covered containers. In no event shall such containers be Visible From Neighboring Property, except for a reasonable time immediately prior to and after collection. All trash and garbage shall be regularly removed from each Lot and Parcel and shall not be allowed to accumulate thereon; _ 4.1.4 Machinery and Equipment. No machinery or equipment of any kind shall be placed, operated, stored, or maintained upon any Lot or Parcel except: (a) such machinery or equipment as is usual and customary in connection with the use, maintenance, or construction (during the period of construction) of a building, appurtenant structures, or improvements thereon; or, (b) that which Declarant or the Association may require for the development, operation, and maintenance of Honey Bee Canyon Estates at Rancho V istoso; 4.1.5 Si ns. 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 Design Review Committee. No signs of whatever nature shall be placed on any Lot or Parcel except: (a) signs required by legal proceedings; or, . (b) signs, including "for sale" and "for lease" signs and subdivision identification signs, the nature, number, location, content, and design of which, subject to the Design Review Committee Guidelines, shall be approved in advance and in writing by the Design Review Committee. 4.1.6 Restriction on Further Subdivision Property Restrictions, and Rezoning. Except with respect to property owned by Declarant, no Lot or Parcel, or portion thereof, shall be further subdivided, and no portion less than all of any such Lot or Parcel, or any casement 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 further covenants, conditions, restrictions, condominium declarations or easements shall be Recorded against any Lot or 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, the Master Declaration, and the general plan of develop- ment of Rancho Vistoso. The Board may, in its sole discretion, delegate in writing to the Design Review Committee authority to exercise all or any of the Board's authorities or duties under this Section 4.1.6; 14 9.973 Z4G. 4.1.7 Pam. It is the intent of Declarant to eliminate overnight on - street parking in Honey Bee Canyon Estates at Rancho Vistoso. Except for temporary parking relating to construction, which shall be provided for in the Design Review Committee Guidelines, no vehicle shall be parked on any street or roadway shown on any map of dedication, or similar instrument, Recorded by Dcclarant unless otherwise expressly provided either: (a) in or on such Recorded map of dedication or similar instrument showing the street or roadway; or (b) in a separate Recorded instrument e.-cecuted by Dcclarant. Vehicles shall be kept in garages, residential driveways, or other designated parking areas. No carports shall be permitted. The Association may adopt additional parking restrictions including the establishment of fines and assessments for their violation. The Association may also delegate its authority to enforce such parking restrictions to the Design Review Committee; 15 9973.. 1941 prohibited: 4.1.8 Prohibited Uses. The following uses of Lots and Parcels are (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 (b) any use which is in violation of the laws (after taking into account the application of any validly granted or adopted variance, exception, 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; ((((�}� 4.1.9 Temporary Occ-upancv and TempBuilding, orary Buildin• Outside Stoam. No trailer, tent, shack, garage, or temporary structure of any kind shall be used as a residence, whether temporary or permanent. Except during the construction process, no temporary building or structure shall be erected, installed, or maintained on any Lot or Parcel without the prior written approval of the Design 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 Declaration. Except during construction, no materials, supplies, equipment, finished or semifinished products, or articles of any nature shall be stored in any area outside of a building without the approval of the Design Review Committee. Any permitted 6utside 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 supplies are kept in neat order considering the construction activities. The Design Review Committee is authorized to designate the areas and manner in which supplies of building materials and construction equipment shall be stored and the routes construction vehicles may use. All such designations shall be reasonable; 4.1.10 Repair of Buildings. No building or improvement on any Lot or Parcel shall be permitted to fall into disrepair and each such building and improvement shall at all times be kept in good condition and repair and adequately painted or otherwise finished to maintain a first class appearance of the building or improvement. In the event any building or improvement is damaged or destroyed, then, subject to the approvals required by Article 3 above, such building or improvement shall be immediately repaired, rebuilt, or demolished (or caused to be repaired, rebuilt, or demolished) by the Owner thereof; 4.1.11 Maintenance of Landscaping and Driveways. Unless otherwise provided in the ;Master Declaration, each Owner shall be responsible for the proper maintenance of all landscaping in the following locations: 16 -gg73 .1 29 (a) on the Owner's Lot or Parcel (including set back areas located thereon), except that in the event the maintenance of any portion of such Owner's Lot or Parcel is the responsibility of the Association, a utility, or a governmental or similar authority, then only for so long as such entities are not undertaking such responsibility; (b) portions of the Common Areas adjacent to an Owner's Lot or Parcel and which are on the Loes or Parcel's side of any wall erected on the Common Areas; and, (c) public right-of-way areas between sidewalks (or bicycle paths or equestrian trails) and the street curb on the Owner's Lot or Parcel, or other public or easement areas adjacent to the Owner's Lot or Parcel, except that in the event the maintenance of such areas is the responsibility of the Association, a utility, or a governmental or similar authority, then only for so long as such entities are not undertaking such responsibility. As used herein, maintenance shall include, but not be limited to, keeping the areas neatly trimmed, cultivated, and free of trash, weeds, and unsightly material. All trees, shrubs, plants, and ground covers shall be timely and properly trimmed (including, without limitation, the removal of dead wood therefrom) according to their plant culture and landscape design and shall be watered and fertilized at such times and in such quantities as required to keep them alive and attractive. Anv dead tree, shrub, plant, or ground cover shall be removed and replaced immediately. All bed areas shall be kept free of weeds and cultivated periodically as needed. Landscaping may be, required to be placed on a Lot or Parcel within certain time frames established by the Design Review Committee. Each Owner shall maintain in good condition and repair all paved and concrete areas, including driveways, roadways, and parking areas, located on the Owner's Lot or Parcel; 4.1.12 Nuisances; Dust Control; Construction Activities. 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 shalt 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 construction activities shall not be considered a nuisance or otherwise prohibited, Lots and Parcels must 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 Honey Bee Canyon Estates at Rancho Vistoso, or which shall interfere with the quiet enjoyment of each of the Owners and Occupants; 4.1.13 . 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; 17 :.597 3- 1243 4.1.14 Antennas and Dishes. No antenna or other device for the transmission or reception of television or radio signals or any other form of*electromagncdc radiation shall be erected or placed upon a Lot or Parcel, or on any improvement or building thereon, unless approved in advance by the Design Review Committee; 4.1.15 Solar Collectors. No solar collector or any other device pertaining to solar energy application shall be erected or placed upon a Lot or Parcel, or upon any improvement or building thereon, unless approved in advance by the Design Review Committee; -4.1.16 Mineral Exploration. No Lot or Parcel shall be used in any manner to explore for, quarry, mine, remove, or transport any water, oil, or other hydrocarbons, minerals, gravel, gas, earth, or any earth substance of any kind; 4.1.17 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 Design Review Committee unless they arc not Visible From Neighboring Property; 4.1.18 Blanket Utilitv Easements. There is hereby created a blanket casement upon, over, and under each Lot or Parcel and the 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, and Common Areas and the construction of buildings thereon; provided that such casements shall be specifically and permanently described and fixed 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), as 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 tasement(s), as applicable; provided, further, that in -the event such casements with respect to a- portion of the Covered Property are not specifically and permanently described and fixed by Recorded instrument at or within the time specified in (a) or (b) above, the blanket casements 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 and Parcels, and 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 or Parcel or Common Areas except as initially approved by the Declarant or the Design Review Committee; ='4.1.19 Overhead Encroachments. No tree, shrub, or planting of any kind shall be allowed to overhang or encroach upon any public right-oE way, bicycle path, or any other pedestrian way from ground level to a height of 8 feet, without the prior written approval of the Design Review Committee; 18 073 1244 4.1.20 Trucks, Trailers, Campers, Boats and Motor Vehicles. No motor vehicle, motor home, mobile 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 From Neighboring Property (including but not limited to any Common Areas or street). The foregoing limitation on parking shall not apply to temporary facilities maintained during, and used exclusively in connection with, construction activities, provided, however, that such activities are approved in advance and in writing by the Design Review Committee. 4.1.21 Declarant's Exemption. Nothing contained in this Declaration shall be construed to prevent the construction, installation, or maintenance by Declarant or its agent 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 Property, provided that any such improvements and landscaping shall be generally consistent, in terms of appearance and quality, with similar improvements and landscaping elsewhere within Honey Bee Canyon Estates at Rancho Vistoso; 4.1.22 Health, Safetv, and Welfare. In the event uses of, activities on, or facilities upon or within a Parcel or Lot are deemed by the Board to be a nuisance or to adversely affect the health, safety, or welfare of Owners or Occupants, the Board or the Design Review Committee may make rules restricting or regulating their presence; 4.1.23. Window Coverings. No external window 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 Design Review Committee; 4.1.24 Parcel Coverage. The percentage of each Lot or Parcel which may be covered by buildings (as well as the location of such buildings and other improvements on each Lot or Parcel) shall be subject to the review and approval of the Design Review Committee, as part of the Design Review Committee's review of plans for proposed improvements on such Lot or Parcel pursuant to this Declaration, but shall in no event violate County ordinances and regulations in cffec-t from time to time; 4.1.25 Dutv of Maintenance. Each Owner shall, at such Owner's sole cost and expense, keep such Owner's Lot or Parcel (including buildings, improvements, .private drives, casement areas, and grounds thereon) in a well -maintained, clean, neat, and attractive condition at all times and shall comply in all respects with all governmental health, fire, and safety statutes, ordinances, regulations, and requirements; 4.1.26 Utility Lines and Connections. All utility wires, lines, pipes, conduits, facilities, connections, and installations (including, without limitation, electrical, telephone, cable television, water, gas, and sanitary sewer) shall be installed and maintained underground or concealed in, under, or on structures approved in writing in 19 advance by the Design Review Committee. No utility meter or apparatus shall be located on any pole or attached to the outside of any building wall which is exposed to view from any street. All transformers shall be placed on or below the surface of the Lot or Parcel. Temporary above -ground power or telephone structures and water lines incident to construction activities shall be permitted, but only with the prior written approved of the Design Review Committee; 4.1.27 On -Site Grading and Drainage. No water shall be drained or discharged from any Lot or Parcel, or building thereon, .except in accordance with: (a) the master drainage study (including any amendments thereto) approved by the appropriate governmental agency (or agencies) and the Architectural and Landscaping Review Committee as identified in the Master Declaration (or other drainage study approved by Design Review Committee, if no such master drainage study exists); and (b) grading plans approved by the Design Review Committee in accordance with the provisions of Article 3 hereof and applicable County ordinances. Finished grades along the periphery of a Lot or Parcel shall match the existing grades or the top of curb of any constructed or proposed streets which are part of the overall master infrastructure for Rancho Vistoso; the tolerance allowed shall be within plus or minus one foot of the existing grades or top of curb within a horizontal distance of twenty. (20) feet unless otherwise previously approved in writing by the Design Review Committee. Further, no Owner or Occupant shall interfere with the drainage established by the grading plan for the remainder of the Covered Property or any other property adjacent to the Parcel; 4.1.28. Building Exteriors. All colors of materials on the building exteriors and all exterior wall surfaces of any building shall be in accordance with plans and designs approved by the Design Review Committee in accordance with the provisions of Article 3 hereof. All materials used for the exterior of the buildings shall be high quality, long -life, low maintenance materials. 4.1.29 " Maximum Height. The Design Review Committee Guidelines shall provide height restrictions for buildings, retaining walls, and other improve- ments. Building heights shall not exceed 22 feet. 4.1.30 . Setbacks. The Design Review Committee Guidelines shall provide for setback requirements. Houses shall have minimum front setbacks of 30 feet from all streets. 4.2 Variances. The Board may, at its sole discretion, grant variances from the restrictions set forth in this Article 4 hereof if the Board determines that: 4.2.1 either: (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 Owncr's or Occupant's acts; or, NEI 973*" f If 9 (b) a change of circumstances has rendered the particular restriction obsolete; and, 4.2.2 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 Honey Bee Canyon Estates at Rancho Vistoso. The request for a variance must be made in writing and be accompanied by adequate supporting documenta- tion. The Board shall approve or disapprove the request, in writing, as promptly as possible under the particular circumstances. All decisions of the Board shall be final and nonappcal- able. ARTICLE 5 ORGANIZATION OF ASSOCIATION 5.1 Formation of Association. 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 or interpreted so as to be inconsistent with this Declaration. 5.2 Board of Directors and Officers. The affairs of the Association shall be conducted by the Board and such officers 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 annual meeting of the Members when there is no longer a Class B Member, the Board shall consist of, and the voting Members shall elect, 3 directors, all of whom must be Members (or an individual designated by a corporate, partnership, or other non -individual Member). The foregoing reference to 3 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 2 Directors for a 1-year term and 1 Director 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 Areas. The Board shall determine the compensation to be paid to the manager. 5.3 Association 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 govern the use of the Common Areas, provided, however, that the Association Rules shall not discriminate among Owners and Occupants except to reflect their different rights and obligations 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 development of the 21 9:97�3, I24. Covered Property and the 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 Personal Liability. 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 attorneys' fees), or prejudice suffered or claimed on account of any of their acts, omissions, errors, or negligence, provided, however, that the limitations set forth in this Section 5.4 shall not apply to any Person who has failed to act in good faith or has engaged in willful or intentional misconduct. 5.5 Mcrgcrs or Consolidations. The Association shall have the right, power, and authority to participate in mergers or consolidations with any other nonprofit corporation whose objectives, methods, and taxable status and formate of operation are similar to those of the Association (a "Merger Candidate"). Merger or consolidation of the Association with a Merger Candidate must be approved in advance by Members holding at least two-thirds (2/3) of the votes in each class of Members of the Association, whether in Person or by proxy, at a meeting duly called for such purpose. The Association's properties, rights, and obligations shall be transferred to and assumed by the surviving or consolidated corporation by operation of law, or, alternatively, the properties, rights, and obligations of the Merger Candidate 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 administrative responsibilities and enforcement rights established by this Declaration in regard to the Covered Property. In addition, for so long as there is a Class B Member and to the extent Declarant has theretofore sought the approval of an Agency in regard to the Association, any such merger or consolidation will be subject to the approval by such Agency if so required by the rules and regulations of the Agency. ARTICLE 6 MEMBERSHIPS AND VOTING 6.1 ' Votes of Owners of Lots and Parcels. 'Every Owner 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 (other than Declarant) shall have one vote for each Lot owned in regard to votes of the Members of the Association. Each Owner's Membership in the Association shall be appurtenant to and may not 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 ;s established pursuant hereto shall not cause there to be more Memberships than 22 9973 ! 2.48 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 attributable to a Lot or Parcel shall not be increased because of joint or undivided multiple ownership thereof. 6.2 Declarant. Declarant shall be a Member of the Association for so long as it holds a Class A or Class B Membership. 6.3 Voting Classes. The Association ' shall have two classes of voting Members: 6.3.1 Class A. Class A Members shall be all Owners except Declarant (until the conversion of Declaranes 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 provisions hereof, a Class A Member shall have the number of votes provided in Section 6.1. Notwithstanding the foregoing, a Class A member shall not be entitled to vote with respect to any Lots in regard to which the Owner is paying only a reduced Assessment pursuant to Section 7.3; and, 6.3.2 Class B. The Class B Mcmber-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 determined pursuant to Section 6.1 above. Subject to the provisions of Section 13.2 below, the Class B Membership automatically shall cease and. be converted to a Class A Membership upon the happening of the first of the following events: (x) the date which is 120 days after the date upon which the total votes of the Class Members entitled to vote equals the total votes of the Class B Member; or, (y) the date which is ten (10) years after the date this Declaration is Recorded, or (z) the date stated in a Recorded instrument pursuant to which Declarant waives its status as a'Class B Member and elects to convert to Class A Membership. 6.4 Right to Vote. No change in the ownership of a Lot shall be effective for voting purposes until the Board receives written notice of such change together with satisfactory evidence thereof. The vote for each Member must be cast as a single unit. Fractional votes shall not be allowed. In the event that a Lot is owned by more than one Person and such Owners arc unable to agree as to how their vote or votes shall be cast, they shall not be entitled to vote on the matter in question. If any Owner casts a vote or votes representing a certain Lot, the Owner will thereafter be conclusively presumed to be acting with the authority and consent of all other Owners of such Lot, 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 23 97 1249 more than 1 Person casts or attempts to cast a vote for a particular Lot, all such votes shall be deemed void. 6.5 Members' Rights. Each Member shall have the rights, duties, and obligations set forth in this Declaration, the Articles, the Bylaws, the Association Rules, and the Design Review Committee Guidelines. 6.6 Transfer of Membership. Except as otherwise provided in this Declaration, the rights, duties, and obligations of a Class A Member cannot and shall not be assigned, transferred, pledged, conveyed, or alienated in any way except upon transfer of ownership of such Class A Membees Lot, and then only to the transferee thereof. Such transfer may be effected by deed, intestate succession, testamentary disposition, foreclosure, or other legal process authorized under Arizona law. Any attempt to make a nonapproved form of transfer shall be void. Any transfer of ownership in a Lot shall operate to transfer the Membership appurtenant thereto to the new Owner. ARTICLE 7 ASSESSMENTS AND CREATION OF LIEN 7.1 Creation of Assessment Lien; Personal Obligation of Lot or Parcel Owner. Declarant, for each Lot and Parcel constituting part of the Covered Property, hereby covenants and agrees, and each Owner by acceptance of a deed therefor (whether or not it should be so expressed in any such deed or other instrument) is deemed to covenant and agree, to pay to the Association the following: 7.1.1 the Special Use Fees as provided in Section 3.1; and, 7.1.2 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 pursuant 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 not be obligated to pay the Assessments which would otherwise be payable in respect of such Lot or Parcel until an occupied Dwelling Unit shall be situated on such Lot or Parcel, provided that during any period when Declarant is paying no Assessments pursuant to this sentence with respect to any Lot or Parcel, Dcclarant shall contribute to the Association such funds as may be required 24 nn'7e3 f nCri from time to time to meet any budget deficit which results from Declarant having not paid such Assessments. At any time when Declaranes Class B votes exceed the number of Class A votes, Declarant may Record an instrument waiving the provision of the foregoing sentence and electing to pay all Assessments thereafter payable in respect of all Lots or Parcels owned by Declarant, at which time Declarant shall no longer be required to contribute to the Association any other funds to meet any budget deficit. Common Areas, for so long as Declarant or the Association are the owners thereof, shall not be subject to any Assessment. 7.2 Annual Assessments. The Association by and through the Board shall levy the Annual Assessments for the purposes set forth hcrcinbelow. 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 the Board deems appropriate. Subject to the provisions of Section 7.4, 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 7.9 below. 7.3 Rate of Assessment. Subject to Section 7.4 and 7.5 hereof, the amount of the Annual Assessments and Special Assessments shall be fixed by the Board, in its sole discretion. The Developer Owner of a Lot shall pay only 25% 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 Non -Developer Owner; or, (b) 12 months from the date of Declarant's conveyance of the Lot to a Developer Owner. If the Developer Owner ceases to be entitled to the 25% rate because of the occurrence of the event described in subsection (b) above, then thereafter the Developer Owner shall pay only 40% 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; 25 9973..-- 1 7.4 Maximum Annual Assessment. The Maximum Annual Assessment shall be determined as follows: 7.4.1 For the year ending December 31, 1994, the Maximum Annual Assessment shall be $384.00 for each Lot. 7.4.2 Thereafter, except as provided in Section 7.4.3 below, the Maximum Annual Assessment for each Lot, for any year of the Association shall be equal to the Maximum Annual Assessment for the immediately preceding year, increased by the greater of (a) 5% of the Maximum Annual Assessment for the Lot in effect during the immediately preceding year; or, (b) an amount equal to the amount of increase in the Index during the prior year, if any, calculated as follows: If the Comparison Index has increased over the Base Index, the Maximum Annual Assessment for the immediately succeeding Assessment Period shall be calculated by 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, however, shall the Maximum Annual Assessment calculated pursuant to the preceding formula ever be less than the !!Maximum Annual Assessment in effect prior to the Adjustment Date. If the Index is eliminated or its method of determination is changed, the foregoing formula shall be altered, if possible, so as to achieve substantially the same effect as the foregoing formula. If this is not possible, a new formula shall be adopted by the Board; and, 7.4.3 The Maximum Annual Assessment for an Assessment Period may be increased above the Maximum Annual Assessment for such Assessment Period otherwise determined under Section 7.4.2 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 charges 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 unexpcctedly during the course of the subject Assessment Period, the Board may increase the Maximum Annual Assessment otherwise determined under Section 7.4.2 above for the subject Assessment Period by the pro rata share for each Lot of the additional utility or insurance costs without the Membership vote described in this Section 7.4.3. 7.5 Special 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 die votes of each class of Members voting in Person or by proxy at a meeting of the Association duly called for such purpose. Special F Assessments shall be assessed uniformly among the Owners, except as authorized under Section 7.3 hereof. 7.6 Notice and Quorum for Any Action Authorized Under Sections 7.4 and 7_5. Written notice of any meeting of the members of the Association called for the purpose of conducting a vote required under Sections 7.4 or 7.5 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 of Members or of proxies entitled to cast 60% of all the votes (exclusive of suspended voting rights) of each class of Members shall constitute a quorum. If the required quorum is not present, another meeting shall be called for such purpose, subject to the foregoing notice requirements, and the required quorum at the subsequent meeting shall be one-half of the quorum required at the initially scheduled meeting. The subsequent meeting shall be held within 60 days following the date of the initially scheduled meeting. 7.7 Maintenance Assessments. In addition to any Annual Assessment or Special Assessment and the Assessments arising under Section 10.2, the Board shall have the authority to levy and collect Maintenance Assessments for costs and expenses arising by or attributable to the special characteristics or needs of a particular Lot or Parcel, or if the Owner of a Lot or Parcel contracts with the Association for the Association to provide particular maintenance services in regard to such Owner's Lot or Parcel. By way of example, and not for purposes of requirement or limitation, if it was elected to coordinate any trash collection service through the Association, such costs and expenses may be recovered through Maintenance Assessments. 7.8 Annual Assessment Period. Except as otherwise provided hereinbelow, the Assessment Period shall be the year commencing on January 1 of each year and terminating on December 31 of that year. The Board -may, in its sole discretion, from time to time, change the Assessment Period. The initial Assessment Period shall commence on the date of Recording of this Declaration and terminate on December 31 of the year of the date of Recording. The Assessments provided for hereinabove shall be prorated for .the initial Assessment Period. 7.9 Billing and Collection Procedures. The Board shall have the right to adopt procedures for the purpose of making, billing, and collecting the Assessments and Special Use Fees. The failure of the Association to send a bill to an Owner shall not relieve such Owner of the Owner's liability for an Assessment or Special Use Fee. No Recorded Assessment Lien shall be foreclosed or otherwise enforced until the Owner has been given not less than 30 days written notice thereof prior to the commencement of such foreclosure or enforcement. The notice shall be addressed to the Owner at the address of the Owner on the records of the Association. It shall be the responsibility of the Owner to inform the Association in writing of a change of address. The Association shall be under no duty to refund any payments received by the Association even if the ownership of a Lot or Parcel changes during an Assessment Period. Any successor Owner shall be given credit for any unrefurided prepayments made by a prior Owner. In case the Owner of a Lot or Parcel having a right to pay a reduced payment amount as provided herein fails to notify the Board 27 i at such time as the payment amount should be increased, such Owner shall nonetheless be liable for the full amount of the Assessment and such Owner's failure to notify the Board shall not relieve such Owner of the liability for such full Assessment. 7.10 Collection Costs and Interest on Delinquent Amounts. Any Delinquent Amount shall have added thereto a late charge of 15% if such Delinquent Amount is not paid within 15 days after its due date. In addition, the Delinquent Amount shall bear interest from its due date until paid at a rate equal to the greater of: (a) 12% per annum; or (b) the then prevailing interest rate on loans insured by FHA or VA_ The Owner shall be liable for all costs, including but not limited to attorneys' fees and collection agency fees, which may be incurred by the Association in collecting any Delinquent Amount. * The Board may also Record a Recorded Assessment Lien against the applicable Lot or Parcel and may establish a fixed fee to be reimbursed to the Association for the Association's cost in Recording such Recorded Assessment Lien, processing the delinquency, and Recording a release of lien. The foregoing fee shall be treated as a collection cost of the Association secured by the Recorded Assessment Lien. 7.11 Statement of Pavment. Upon receipt of a written request therefor from any Owner or Resident, the. Board, within a reasonable time thereafter, shall issue to the requesting party a written statement stating that as of the date of that statement: 7.11.1 all Assessments and Special Use Fees (including collection fees, if any in regard thereto), have been paid with respect to such Owner's or Resident's Lot or Parcel; or, 7.11.2 if such have not been paid, the amount(s) then due and payable. The Association may make a reasonable charge for the issuance of such statement. Any such statement shall be conclusive and binding with respect to any matter set forth therein. ARTICLE 8 ENFORCEMENT AND THE ASSESSMENT LIEN 8.1 Association Remedies to Enforce Assessments. If any Owner fails to pay any Assessments or Special Use Fees when due, the Association may (and each Owner hereby authorizes the Association to) enforce the payment thereof and the Assessment Lien and Recorded Assessment Lien by_taking either or both of the following actions, concurrently or separately (and by exercising either remedy the Association does not prejudice or waive its right to exercise the other remedy) : 8.1.1 Bring an action at law against the Owner to recover judgment against the Owner who is personally liable for the Assessments or Special Use Fees; and, 9973 1 .5-4 8.1.2 Foreclose the Recorded Assessment Lien against the appropriate Lot or Parcel in accordance with then prevailing Arizona law relating to the foreclosure of realty mortgages (including the right to recover any deficiency) and, at the Association's option, the Association may bid for and purchase the Lot or Parcel at any foreclosure sale. For purposes of this Article 8, the Assessment Lien shall extend to (and phrases such as "appropriate Lot or Parcel" or the "Lot or Parcel" shall be deemed to include), in the case of a delinquent Developer Owner, all Lots and Parcels owned by such Developer Owner, regardless of whether the Delinquent Amounts owed by the Owner in question relate to all or less than all of the Lots or Parcels owned by such Owner. 8.2 Subordination of Assessment Lien. The Assessment Lien shall be superior to all charges, liens, or encumbrances which hereafter arc or may be imposed on any Lot or Parcel except: 8.2.1. the lien of any first mortgage or deed of trust encumbering the Lots and Parcels which was Recorded prior to this Declaration; 8.2.2 the lien for taxes or other governmental assessments which is deemed superior hereto by applicable law; and, 8.2.3 the lien of any first mortgage or deed of trust. Sale or transfer of any Lot or Parcel shall not affect the Assessment Lien provided, however, the sale or transfer of any Lot or Parcel pursuant to any first mortgage or deed of trust foreclosure or any proceeding in lieu thereof, shall extinguish the Assessment Lien only as to payments which become due prior to such sale 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 only to such Assessments as shall accrue subsequent to the date the Person acquires its interest. 8.3 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 release of the Recorded Assessment Lien. ARTICLE 9 USE OF ASSOCIATION FUNDS 9.1 Use 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 Covered Property, the Owners, and the Occupants. The Funds may be used, among other things, to insure, acquire, construct, alter, maintain, provide, and operate, in any manner 29 whatsoever, any and all land, properties, improvements, services, projects, programs, studies, and systems, within the Covered Property and the Common Areas, which may be necessary, desirable, or beneficial to the general common interests of the Owners and the Occupants. 9.2 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 deems necessary or appropriate. 9.3 Association's Rights in Spending Funds From Year to Year. The Association shall not be obligated to spend in any year all Funds received by it in such year, and the Board may 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. ARTICLE 10 MnnarENnrrcE 10.1 Common Areas and Public Rights -of -Way. 10.1.1 Areas of Association Responsibility. The Association, or its duly delegated representative, shall maintain and otherwise manage all Common Areas, provided, however, that the Association shall not be responsible for providing or maintaining the landscaping or structures on any Common Areas located on or within Lots or Parcels unless: (a) such landscaping or structures arc intended for the general benefit of the Owners and Occupants; and, (b) the Association assumes in writing the responsibility for such maintenance and such instrument is Recorded. The Association shall also maintain any .landscaping and other improvements not located on Lots or Parcels but located within the Covered Property if such areas are intended 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 the responsibility of a Lot or Parcel Owner pursuant to Section 4.1.11 above. Common Areas to be maintained by the Association may be identified on Recorded subdivision plats approved by Declarant, or in deeds from Declarant, but the failure to so identify such areas shall not affect the Association's rights or responsibilities with respect thereto. 10.1.2 Delegation of Responsibilities. In the event any Recorded subdivision plat, Recorded map of dedication, Recorded deed restriction or this Declaration permits the Association to determine whether Owners of certain Lots or Parcels shall be 30 gg73 12,96 responsible for maintenance of certain Common Areas or public rights -of -way, the Board shall have the sole discretion to determine whether the Association or an individual Owner should be responsible for such maintenance, considering cost, uniformity of appearance, location, and other relevant factors. The Board may also cause the Association to contract with others for the 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 to contract to provide maintenance services to Owners of Lots and Parcels having such responsibilities in exchange for the payment of such fees as the Association and the Owner may agree. 10.1.3 Standard of Care. The Association shall use a reasonably high standard of care in providing for the repair, management, and maintenance of the common Areas so that Honey Bee Canyon Estates at Rancho Vistoso will reflect a high degree of pride of ownership. The Board shall be the sole judge as to the appropriate level of maintenance of all Common Areas. 10.2 Assessment of Certain Maintenance Costs. In the event the need 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 whom 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 contact entered into by the Association pursuant to Section 10.1 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. 10.3 Improper 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 the Master Declaration, or in the event the Owner of any Lot or . Parcel fails to perform such Owner's obligations under this Declaration, the Master Declaration, the Association Rules, or the Design 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 expiration 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 any corrective action, court costs, and attorneys' fees, shall be added to and become a part of the Assessments to which the offending Owner and the Owners' 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. 31 BLANK PAGE NOT USED 32 997�•- --14*258 ARTICLE 11 RIGHTS AND POWERS OF ASSOCIATION 11.1 Rights, 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 powers and duties as may be reasonably necessary in order to effect all of 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 Association during reasonable business hours. 11.2 Rules and Regulations. In addition to the right to adopt, amend, and repeal rules and regulations on the matters expressly mentioned 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 not inconsistent 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 shall have the same force and effect as if they were set forth in and were a part of this Declaration. 11.3 Association's Rights of Enforcement. The Association, as the agent and representative of the Owners, shall have the right, but not the obligation, to enforce the provisions of this Declaration. Further, any Owner (including Declarant, so long as Declarant is an Owner) shall have the right and authority, but not the obligation, to enforce the provisions of this Declaration. 11.4 Contracts with Others. Subject to the restrictions and limitations contained herein, the Articles, the Bylaws, the Master Declaration, and the laws of the State of Arizona, the Association may enter into contracts with others, including Declarant and Declaranes affiliates, and such contracts shall not be invalidated by the fact that one or more directors or officers of the Association are employed by or otherwise affiliated with Declarant or Declaranes affiliates, provided, however, that the fact of such interest shall be previously disclosed or made known to the other members of the Board acting upon such contract or transaction and, provided further, that the transaction or contract is fair and reasonable. Notwithstanding the 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 reasonable notice. Any contract between the Association and Declarant or Declaranes affiliates must be terminable by the Association without penalty upon no more than 30 days notice. 11.5 Procedure for Change of Use of Common Areas. Upon adoption of a resolution by the Board stating that the then current use of a specified part of the Common Areas is no longer in the best interests of the Owners and Occupants, and 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 by proxy at a meeting duly called for such purpose, the Board shall have the 33 power and right to .change the use thereof (and in connection therewith to take whatever actions are required to accommodate the new use), provided such new use: (a) also shall be for the common benefit of the Owners and Occupants; and (b) shall be consistent with the Master Declaration and any Recorded deed, Recorded restrictions, or zoning regulations. 11.6 Procedure for Transfers of Common Areas. The Association shall have the right to dedicate or transfer all or any part of the Common Areas to any public authority or utility provided that: 11.6.1 such a transfer or dedication does not have a substantial adverse effect on the enjoyment of the Common Areas by the Owners and Occupants or on the easements and licenses with respect to the Common Areas granted by this Declaration to the Owners and Occupants; 11.6.2 • it is required by a Recorded subdivision plat, a zoning stipulation, or an agreement with the County; and 11.6.3 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 FHA may be involved in the Honey Bee Canyon Estates at Rancho Vistoso project. Except as authorized above, the Association shall not make any such dedication or transfer or change the size, shape, or location of the Common Areas, exchange the Common Areas for other property or interests which become Common Areas, or abandon or otherwise transfer Common Areas (to a nonpublic authority) 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 best interests of the Owners and Occupants, and that the. change desired shall be for their benefit and shall not substantially adversely affect them; (b) 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 by proxy at a meeting called for such purpose; and (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. ARTICLE 12 TERM; AMENDMENTS: TERMINATION 12.1 Term: Method of Termination. This Declaration shall be effective upon its Recordation and, as amended from time to time, shall continue in full force and effect for a term of 20 years from the date of its Recordation. Thereafter, this Declaration (as amended from time to time) shall be automatically extended for successive periods of 10 years each, unless there is an affirmative vote to terminate this Declaration by the then Owners casting 90% of the total votes then entitled to be cast at an election held for such purpose within 6 months prior to the expiration of the initial term hereof or any 10-year extension. In 34 '•g973 1260 addition, this Declaration may be terminated at any time if 90% of the votes then entitled to be cast by each class of Members shall be cast in favor of termination at any election held for such purpose. If the necessary votes and consents arc obtained, the board 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 further force 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. 12.2 Amendments. Until the first sale of a Lot within the Covered Property to a Non -Developer Owner for use and occupancy as a Dwelling Unit, this Declaration may be amended by Recorded instrument duly executed by Declarant, without the necessity of calling a meeting of Owners or obtaining the consent of Owners. Thereafter, this Declaration may be amended (either during the initial 20-year term or during any extension thereof pursuant to Section 12.1 above) by Recording a Certificate of Amendment, duly executed by the president or vice president of the Association, which Certificate of Amendment shall set forth in full the text of the amendment adopted, and, except as provided in Section 12.3, shall certify that at an election duly called the Owners casting 75% of the votes then entitled to be cast at the election voted affirmatively for the adoption of the amendment. 12.3 Right of Amendment if Requested by Governmental Agency of Federally Chartered Lending Institution. Anything in this Article to the contrary notwithstanding, Declarant reserves the right to amend this Declaration as may be requested or required by the FHA, VA, or any other Agency with whom Declarant elects to do business as a condition precedent to such Agency's approval of this Declaration, or by any federally chartered lending institution as a condition precedent to lending funds upon the security of any Lot or Parcel or purchasing loans secured thereby. Any such amendment shall be effected by Declarant Recording a Certificate of Amendment duly executed and acknowledged by Declarant specifying the Agency or the lending institution requesting the amendment and setting forth the requested or required amendment(s). Recordation of such a Certificate.shall be deemed conclusive proof of the Agency's or institution's request or requirement and such Certificate, when Recorded, shall be binding upon all of the covered Property and all persons having an interest therein. It is the desire of Declarant to retain control of the Association and the Association's activities during the period of planning and development of the Covered Property. If any amendment requested or required pursuant to the provisions of this Section 12.3 deletes, diminishes, or alters such control, Declarant shall have the right to prepare, provide for, and adopt as an amendment hereto, other and different control provisions which shall be binding upon the covered Property and Owners without a vote of the Owners. Except as provided in this Section 12.3 Declarant shall not have any right to amend this Declaration otherwise than in accordance with and pursuant to the provisions of Section 12.2. 35 .9973 :126.1 ARTICLE 13 ANNEXATION OF ADDITIONAL PROPERTY 13.1 Annexation of Additional Propene. Declarant may, in its discretion and with the approval of the Master Association, at any time and from time to time up to the date which is ten (10) years after the date this Declaration is Recorded, annex to the Covered Property any portions of the Additional Property identified in the Master Declaration, 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 annexation 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 such annexation, a Supplementary Declaration of Covenants, Conditions, Restrictions and Easements, as described in Section 13.21, covering the Additional Property (or the applicable portion or portions thereof) shall be executed and Recorded by Dcclarant.. The Recordation of such Supplementary Declaration shall constitute 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. Any annexation to the Covered Property of property not included within the Additional Property shall require an amendment to this Declaration pursuant to Section 12.2 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 B Membership is in existence. 13.2 Supplementary Declarations. The annexations authorized under Section 13.1 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 be necessary to reflect the different character, if any, of the Additional Property referred to in Section 13.1 (or the applicable portion or portions thereof). In no event, however, shall any such Supplementary Declaration revoke or conflict with this Declaration or the Master Declaration. If so annexed, Declarant shall be entitled to additional votes under Section 6.3, in an amount*equal to three votes for each "lot" within the Additional Property (or the .applicable portion or portions thereof), as determined in accordance with Section 6.3.2 above and' the Master Development Plan, and the Additional Property (or applicable portions) thercofl shall thereupon become fully a part of the Covered Property subject to all provisions of this Declaration (including, but not limited 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 6.3.2(x) above, and if the votes to which Declarant would be entitled with respect to such annexed property pursuant to the preceding sentence, together with the other Class B votes to which Dcclarant would be entitled under Section 6.3.2 absent termination of the Class B votes, exceed the total number of Class A votes then outstanding, Declaranes Class B membership shall be reinstated until the earlier of the events described in subsections 6.3.2(x), 6.3.2(y), and 6.3.2(z). 36 ARTICLE 14 EMINENT DOMAIN AND INSURANCE INVOLVING THE COMMON AREA 14.1 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 Common Area, the Owners hereby appoint the Board and such persons as the Board may delegate to represent all of the Owners in connection with the Taking. The Board shall act, in its sole discretion, with respect to any awards made or to be made in 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 awards received on account of the Taking shall be paid to the Association. In the event of a total Taking, the Board may, in its sole discretion, retain any award in the general funds of the Association or distribute pro rata all or a portion thereof to the Owners, (taking into account a reduction in the distribution to those Owners paying reduced amounts for the Assessments pursuant thereto), and all holders of liens and encumbrances, as their interest may appear of Record. 14.2 Authoritv to Purchase Insurance. The Association shall purchase and maintain such property damage and liability insurance upon the .Common 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, nor any member of the Board or officer or agent of the 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 Association's expense, directors' and officers' liability insurance covering all officers and directors of the Association, as well as all members of the Design Review Committee, in amounts and on terms adequate to permit the Association to meet its obligations to indemnify such persons pursuant to the Articles and Bylaws. 14.3 Individual Responsibility. 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, including, but not limited to, his additions and improvements thereto, furnishings, and personal property therein, his personal liability to the . extent not covered 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 any 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 fixtures on the Common Areas. Neither the Association nor any Board member nor Declarant shall be liable to any Person or mortgagee if any risks or hazards are not covered by the insurance obtained by the Association or if the amount of such insurance is not adequate. 37 9973 1263 14.4 Insurance Claims. The Association is hereby irrevocably appointed 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 necessary to accomplish 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 authorized representative 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. ARTICLE 15 MISCELLANEOUS 15.1 Enforcement Rights. Each Owner (including Declarant, so long as Declarant is an Owner) shall have the right and authority, but not the obligation, to enforce the provisions of this Declaration. 15.2 Interpretation of the Covenants. Except for judicial construction and as hereinafter provided, the Association, by its Board, shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Association's -construction or interpretation of the provisions hereof shall be final, conclusive, and binding as to all persons and property bencfitted or bound by this Declaration. 15.3 Severability. Any determination by any court of competent jurisdiction that any provision of this Declaration is invalid or unenforceable shall not affect the validity or enforceability of any of the other provisions hereof. 15.4 Rules Against Perpetuities. If any of the 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 provision shall continue until 21 years after the death of the survivor of the now living descendants of the President of the United States living on the date this Declaration is Recorded. 15.5 Change of Circumstances. Except as otherwise expressly provided in this Declaration, no change of conditions or circumstances shall operate to extinguish, terminate, or modify any of the provisions of this Declaration. 15.6 Declaranes Disclaimer of Representations. Notwithstanding anything to the contrary herein, Declarant makes no warranties or representations whatsoever that the plans presently envisioned for the complete development of Honey Bee Canyon Estates at Rancho Vistoso can or will be carried out, or that any real property now owned or hereafter acquired by it is or will be subjected to this Declaration, or that any such real property (whether or not it has been subjected to this Declaration) is or will be committed to or developed for a particular (or any) use, or that if such real property is once used for a 38 `9973 1264 particular use, such use will continue in effect. While Declarant has no reason to believe that any of the restrictive covenants contained in this Declaration are or may be invalid or unenforceable for any reason or to any extent, Declarant makes no warranty or representation as to the present or future validity or enforceability of any such restrictive covenant. Any Owner acquiring a Lot or Parcel in reliance on one or more of such restrictive covenants shall assume all risks of the validity and enforceability thereof and by accepting a deed to the Lot or Parcel agrees to hold Declarant harmless therefrom. 15.7 Successors and Assigns. Any reference in this Declaration to Declarant shall include any successors or assignees of Declaranes rights and powers hereunder. Any such assignment shall be evidenced by a Recorded instrument executed by Declarant and its successor or assignee. 15.8 Gender and Number. Wherever the context of this Declaration so requires, words used in the masculine gender shall include the feminine and neuter genders; words used in the neuter gender shall include the masculine and feminine genders. Words in the singular shall include the plural; and words in the plural shall include the singular. . 15.9 Ca tions. All captions, titles or headings of the Articles and Sections in this Declaration are for the purpose of reference and convenience only and are not to be deemed to limit, modify, or otherwise affect any of the provisions hereof or to be used in determining the intent or context thereof. 15.10 Notices. If notice of any action or proposed action by the Board or any committee or of any meeting is required by applicable law, this Declaration, or any resolution of the Board to be given to any Owner or Resident then, -unless otherwise specified herein or in the resolution of the Board, such notice requirement shall be deemed satisfied if notice of such action or meeting is published once .in any newspaper in general circulation within the County. This Section shall not be construed to require that any notice be given if not otherwise required and shall not prohibit satisfaction of any notice requirement in any other manner. 15.11 FHA/VA Approval. If this Declaration has been initially approved by the FHA or the VA in connection with any 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 prior approval of the FHA or the VA, as applicable, unless the need for such approval has been waived by FHA or VA; dedications or other changes in configuration or use of Common Areas (except where such dedication or change is required as of the date hereof by the County); and amendments of this Declaration. 39 Ag73 1265 executed. IN WITNESS WHEREOF, Declarant has caused this Declaration to be duly DE Honeybee Land Corporation, an A' LOU �.iiarica nciui Its: President STATE OF ARIZONA ) P, tit A ) ss. County of Yra4ee� ) On this Z_ day of L6,:rmgr 1994, before me, the undersigned officer, personally appeared Charles Keith, who acknowledged himself to be the President of Honeybee Land Corporation, an Arizona corporation, and that he, in such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Nota lic My Commission Expires: APPROVED by the Board of VISTOSO COMMUNITY ASSOCIATION ,, •.......�•; _ �, ,,�' ByMZj4,- / on behalf of the Board W 9973 12:.6.6 APPROVED BY FEE 1= HOLDER: First American Title Insurance Company a California corporation, as Trustee under Trust No. 4621 By: a Its: Aes'si4&A=- STATE OF ARIZONA ) ss. County of ) On this3Wday of .Y�1994, before me, the undersigned officer, personally appeared AevcFX Pew95 , who acknowledged himself/herself to be the ///eF Mai,Jc- of First American Title Insurance Company, a California corporation, and that he/she, in such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation by himself/herseif. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. OFFICIAL SEAL LAUAYA. WATSON Ufty PWACOO alp'SWIy � *00 F2*U" 101997 My Commission Expires: 41 1.9-9.73 '1267. EXHIBIT A TO DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HONEYBEE CANYON ESTATES AT RANCHO VISTOSO Lots 1 through 44, inclusive, and Common Area A and Common Area B, of Honeybee Canyon Estates according to the plat recorded in Book 46 of Maps and Plats, starting at page 44 thereof, Official Records of Pima County, Arizona. '51 ►4 M, F Ot/N D ED -'J May 19", 1999 TOWN OF ORO VALLEY COMMUNITY DEVELOPMENT DEPARTMENT • Building Safety • Parks and Recreation • Planning and Zoning • Transit Services PLANNING & ZONING DIVISION 11,000 N. La Canada Drive, Oro Valley AZ 85737 Phone: 797-9797 Fax: 742-1022 NOTICE OF REVIEW BEFORE THE ORO VALLEY TOWN COUNCIL NOTICE IS HEREBY GIVEN that the Oro Valley Town Council will hold a review of a proposed development on WEDNESDAY, JUNE 2ND, 1999, COMMENCING AT OR AFTER 7:00 P.M. The subject of the review will be a proposed final plat amendment for the following: OV12-93-16A HONEYBEE CANYON ESTATES FINAL PLAT AMENDMENT, LOCATED NORTH OF RANCHO VISTOSO BOULEVARD AND WEST OF HONEYBEE CANYON The Home Owners Association, represented by Lewis Management, have proposed to amend the plat to remove the pedestrian access easements shared between Lots 7 & 8, and Lots 14 & 15. The hearing will be held at Oro Valley Town Hall, 11,000 North La Canada Drive, Oro Valley, Arizona. Members of the public are invited to attend this meeting and will be given an opportunity to speak. An agenVestilons this meeting will be made available at least 24 hours prior to meeting time. Should you have any abpu# thN's rpatter, please contact David Marsh at (520) 797-9797 ext. 311. Bry t me AICP Planning d Zoning Administrator POSTED: 5/19/99 1:30 PM SR \\OV PZD\PZ1\OV\OV12\1993\12-93-16.A\FPAMENDHOANOT.LTR.doc bo-- M J J Honey Bee Canyon Estates Ms. Joanne Homer Town Engineer Town of Oro Valley 11000 N. La Canada Drive Oro Valley, AZ 85737 SUBJECT: Honey Bee Canyon Estates WLB No. 18505OB-013 Dear Joanne: July 26, 1995 As you know, we are anxious to obtain theTownReleases several items with f Assurances for Honey espect to Canyon Estates. We understand that the the Entrance Drive to the subdivision. This is to confirm that we or our successors and interests will either complete or furnish the following in order to secure Final Release of Assurances for the subdivision. 1. We agree to post streets within the subdivision at 20 mph. e Town of 0 Valley harmlessfrom any problems associated with the Entrance Drive. 3. We acknowledge that should there ever be a request for the Town of Oro Valley to accept the maintenance of the streets within this subdivision, modifications to the existing entrance roadway will need to be performed o compliance with a 25 mph speed. to bring the roadway int hope that this addresses your concerns regarding the entrance to the subdivision. I understand that Bill Walker, with The WLB Group, Inc. has provided you with additional information relative to the road as well. We respectfully request that you assist us with some Partial Releases at this time so that we may act upon some pending contact me at 797 3300 ales. Should you have any questions, please feel free to Si C ly' ,. l� Charles Keith Honey Bee Land Corporation 2285 East Rancho Vistoso Boulevard Tucson, Arizona 85737 520-797-3300 Fax 5 75-143 0 M C__'� RECEIVED JUN 2 'Town of pro Valley PIMA COUNTY DEVELOPMENT SERVICES DEPARTMENT 201 N. Stone Avenue, 1st Floor Tucson, Arizona 85701-1207 JUMM A. PATOCK Director June 21, 1995 Attn: John Keith Honeybee Canyon Land Corporation 2285 East Rancho Vistoso Boulevard Oro Valley, Arizona 85737 Phone: (602) 740-6520 FAX: (602) 798-1836 RE: Honeybee Canyon Estates (On -Site and Off -Site), Lots 1-44 G-89-038 Please be advised that the sewage system for the above referenced project has been inspected by this department and is in compliance with our standards. We have accepted this system for continuous maintenance. If any questions arise, please feel free to contact this office. Stephen M. Magelli, P.E. Development Review Manager SMM/kd Copy: Borderland WLB Margery Reed, Administrative Services, Wastewater Bob Decker, Operations, Richey Road Linda Frew, Oro Valley Project/Ref Files Tucson E/actricPower Comp al9CEIVED 220 West Sixth Street, Post Office Box 711 Tucson, Arizona 85702 PCN 93-1-214 Mr. David Williams Town of Oro Valley 11,000 N. La Canada Drive Oro Valley, Arizona 85737. August 5, 1994 SUBJECT: Honeybee Canyon Estates, Lots 1-44 OV12-93-16A Dear Mr. Williams: AUG - 9 19y4 Town of Oro Valley Area Code 602 Telephone 622-6661 Tucson Electric Power Company is unable to approve the final plat for the subject development. We will require a six foot by six foot easement between Lots 3 and 4, as indicated on the enclosed sketch. Please submit two copies of the revised final plat for TEP's final approval, prior to recordation. Thank you. If you have any questions, please contact me at 745-3569. Sincerely, Lindy Ho er Right of Way Agent Land Management Ilh Enclosure cc: J. Zillman, The WLB Group J. Coppola G. Dutiel _ 412.00 o� s lo m � 24g SF o I) - cr. ° 8 �� Op NAT c>S 23�•�' 0 2-7 SF N C( v V f S�3o2 CONSERVATION ESMT. TO THE N Q ^ Q ' i 26S S� „� TOWN OF ORO VALLEY (TYP.) �9 �m 0g s c ES 9 23O sF _��_� o iA,�! V T! p N� to �� cv 45, 1 � C ti 053 'L 3 �LZ �p1 9 00 m 5 l 2 �o c 0 ^• 0 Nv • 6 .� 0� 43. 54-7 S F O 42, g9� SF cal ��' • ��O ' �Q. S�C� : Q n 'y) •'t') S / � a ii 0� 73 to b �'� 8 108 'E O 0' 00 0 v,0 O �/ 'ATE N 25 �-'' EP _ �O o 2� 39• 4 00 a, 25or o PLACE 8 xSC �4, 4S8 SF 0 5$ S. 00 -7 Sr 2 `? S L 40 v^ 25�' o0 o � - N� 2 . e m Tucson Electric Power company 220 West Sixth Street, Post Office Box 711 Tucson, Arizona 85702 Area Code 602 Telephone 622-6661 PCN 93-1-214 Mr. David Williams Town of Oro Valley 11,000 N. La Canada Drive Tucson, Arizona 85737 August 3, 1994 SUBJECT: Honeybee Canyon Estates, Lots 1-44 OV12-93-16A Dear Mr. Williams: Tucson Electric Power Company is unable to approve the final plat received in this office on July 22, 1994. However, we are currently reviewing a revised final plat received on August 1, 1994. Comments will be forthcoming. If you have any questions, please contact me at 745-3569. Sincerely, i f Lindy Hoo er Right of Way Agent Land Management Ilh cc: J. Zillman, The WLB Group J. Coppola G. Dutiel 1�"2" COMMUNICATIONS Tucson, Arizona July 25, 1994 Of Oro Va. Mr. David Williams Interim Director Oro Valley Planning & Zoning Department 11000 North La Canada Drive Oro Valley, AZ 85737 Dear Mr. Williams: Honeybee Canyon Estates, Lots 1-44 - OV12-93-16A U S WEST Communications has received and reviewed our copy of the Final Plat. U S WEST has no objections to its approval, but has the following comments. Please be advised that it is the responsibility of the Developer to provide (and bear all cost for) all conduit and/or trenching, telephone cabinets or plywood backboards as specified by U S WEST. It is also the responsibility of the developer to bear all cost for any rearrangements or removals involving our existing facilities. Also, a Land Development Agreement (LDA) will be required. If we can be of any further assistance, please let us know. The area engineer for this project is Al Soto. He may be reached on 292-8157. Sincerely, ric R. Van Hoesen Manager Design Engineering/Tucson Metro Network and Technology Services 333 East Wetmore, Station 5131 Post Office Box 5407 Tucson, AZ 85703 292-7360 ERVH/jf(TWV00012) Tucson Electric Po[uarCompany 220 West Sixth Street, Post Office Box 711 Tucson, Arizona 85702 PCN 93-1-214 Mr. David Williams Town of Oro Valley 11,000 North La Canada Drive Oro Valley, Arizona 85737 Dear Mr. Williams: August 18, 1994 RECEIVED AUG 2 21994 town of Oro Vaot ' SUBJECT: Honeybee Canyon Estates, Lots 1-44 OV12-93-16A Area Code 602 Telephone 622-6661 The revised final plat for subject project is conditionally approved as to layout of easements for electric facilities. Conditional approval only is being given because of uncertainty that TEP will be able to make necessary modifications to its electrical system in order to provide service to this project. The Town of Oro Valley has established an ordinance which restricts the upgrading of any overhead electrical power facilities within the town limits. Such restrictions may prohibit TEP from rendering service under its filed rules and regulations. By copy of this letter, we are requesting The WLB Group forward two sets of the revised final plat to this office. If you have any questions, I can be reached at 745-3569. Sincereiy, Lindy Hoo r Right of Way Agent Land Management Ilh cc: J. Zillman, The WLB Group J. Coppola G. Dutiel Honey Bee Community Association Professional Management by LMR Lewis Management Resources, Inc. 7925 A N. Oracle Road #391 Tucson, AZ 85704 Phone (520) 742-5674 Fax (520) 742-1523 May 6, 1999 Ms. Valerie Feuer Senior Planner Town of Oro Valley 11, 000 N. La Canada Drive Oro Valley, AZ 85737 RE Request for Amendment to the Recorded Final Plat Honeybee Canyon Estates (Book 46, Page 44) Dear Ms. Feuer: On behalf of several Honeybee Community Association members, I contacted you several weeks ago to discuss the proper procedure for requesting Town Council approval a final plat amendment. Pursuant to that discussion, and at the request of these members (the owners of Lots 7 and 14), Lewis Management Resources, Inc. respectfully requests that the Council consider a plat amendment to delete the pedestrian access easements shared between Lots 7 and 8 and Lots 14 and 15. The property owners have concerns that, within this gated community, the platted pedestrian easements shared between Lots 7 and 8 and 14 and 15 raises concerns regarding loss of privacy and there is potential for illegal trespass across these and, perhaps other, properties in Honeybee Canyon Estates. Per your suggestion, Ms. Feuer, a request for approval of this plat amendment was sent to all individual property owners in Honeybee Canyon Estates on April 12, 1999. As of this date, we have received 31 responses, 28 in favor of this amendment and 3 objections. Affirmative responses have been received from the owners of the affected lots, 7, 8, 14 and 15 (all responses are attached herewith). The total number of affirmative responses equates to more than 51 % of the voting members of the Honeybee Community Association (44 lots total). Tucson C/ectriC Pocuer Company 220 West Sixth Street, Post Office Box 711 Tucson, Arizona 85702 PCN 93-1-214 FAX 881-7492 Mr. Jerry Zillman The WLB Group, Inc. 4444 E. Broadway Blvd. Tucson, Arizona 85711 August 17, 1994 SUBJECT: Honeybee Canyon Estates, Lots 1-44 OV12-93-16A' Dear Mr. Zillman: Area Code 602 Telephone 622-6661 RfclIVED 4UG 18199, Tows of fro Valley Tucson Electric Power Company is unable to approve the revised final plat for the subject development. We will require a six foot by six foot easement on Lot 5, as shown on the attached sketch. In order to expedite this process, please fax the correction to me at 745-3412. A full set of prints can be forwarded after our final approval. Thank you for your cooperation. Call me at 745-3569 if you have any questions. Sincerely, Lindy Hooper Right of Way Agent Land Management Ilh Attachment cc: D. Williams, Town of Oro Valley J. Coppola G. Dutiel Letter to Ms. Feuer May 6, 1999 page 2 We have scheduled a special Board of Directors to discuss the abandonment issue, ending in a vote, yea or nay, on the matter. A Board resolution will be made available to you, which incorporates the Board's decision as soon as possible after the meeting. We do expect that vote will be affirmative for support of the amendment. As we have received the positive responses from the majority of the Honeybee Canyon Estates property owners, those who would be most affected by this deletion, we ask that the Mayor and Council support the wishes of the Association members and amend the final plat to delete the above -described pedestrian access easements. If you are satisfied that LMR, Inc. has completed its tasks, which will allow Staff to formulate a report on this issue, we request that the matter be placed on the Council's May 19th agenda for consideration. Thank you for your attention to this matter. If you require further information or clarification regarding this request, please contact me. Sincerely, Mark Lewis Lewis Management Resources, Inc. for the Honeybee Community Association ML:If �PLLEY AR/ O�� �r � f .j ,A tx -NOUN D ED TOWN OF ORO VALLEY 11000 N. LA CANADA DRIVE ORO VALLEY, ARIZONA 85737 Administrative Offices (520) 297-2591 Fax (520) 297-0428 www.ci.oro-va11ey.az.us TOWN OF ORO VALLEY TOWN COUNCIL MEETING JUNE 2, 1999 COUNCIL MEMBERS PRESENT: Mayor Paul Loomis Vice Mayor Dick Johnson Council Member Paul Parisi Council Member Fran LaSala Council Member Wayne Bryant ITEM K: OV12-93-16A, HONEYBEE CANYON ESTATES FINAL PLAT AMENDMENT, RANCHO VISTOSO NEIGHBORHOOD 13, PARCEL B, LOCATED NORTH OF RANCHO VISTOSO BOULEVARD, AND WEST OF HONEYBEE CANYON MOTION: Vice Mayor Johnson MOVED to approve OV 12-93-16A, Honeybee Canyon Estates Final Plat Amendment. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. CERTIFICATION I, Roxana G. Garrity, Deputy Town Clerk of Oro Valley, certify that the above motion is true and correct as stated during the Oro Valley Town Council meeting of June 2, 1999. Dated this 14t' day of June, 1999. Roxana G. Garrity Deputy Town Clerk i Honey Bee Community Association Professional Management by LMR Lewis Management Resources, Inc. 7925-A N. Oracle Road #391 Tucson, AZ 85704 Phone (520) 742-5674 Fax (520) 742-1523 May 6, 1999 Ms. Valerie Feuer Senior Planner Town of Oro Valley 11, 000 N. La Canada Drive Oro Valley, AZ 85737 RE Request for Amendment to the Recorded Final Plat Honeybee Canyon Estates (Book 46, Page 44) Dear Ms. Feuer: On behalf of several Honeybee Community Association members, I contacted you several weeks ago to discuss the proper procedure for requesting Town Council approval a final plat amendment. Pursuant to that discussion, and at the request of these members (the owners of Lots 7 and 14), Lewis Management Resources, Inc. respectfully requests that the Council consider a plat amendment to delete the pedestrian access easements shared between Lots 7 and 8 and Lots 14 and 15. The property owners have concerns that, within this gated community, the platted pedestrian easements shared between Lots 7 and 8 and 14 and 15 raises concerns regarding loss of privacy and there is potential for illegal trespass across these and, perhaps other, properties in Honeybee Canyon Estates. Per your suggestion, Ms. Feuer, a request for approval of this plat amendment was sent to all individual property owners in Honeybee Canyon Estates on April 12, 1999. As of this date, we have received 31 responses, 28 in favor of this amendment and 3 objections. Affirmative responses have been received from the owners of the affected lots, 7, 8, 14 and 15 (all responses are attached herewith). The total number of affirmative responses equates to more than 51 % of the voting members of the Honeybee Community Association (44 lots total). Letter to Ms. Feuer May 6, 1999 page 2 We have scheduled a special Board of Directors to discuss the abandonment issue, ending in a vote, yea or nay, on the matter. A Board resolution will be made available to you, which incorporates the Board's decision as soon as possible after the meeting. We do expect that vote will be affirmative for support of the amendment. As we have received the positive responses from the majority of the Honeybee Canyon Estates property owners, those who would be most affected by this deletion, we ask that the Mayor and Council support the wishes of the Association members and amend the final plat to delete the above -described pedestrian access easements. If you are satisfied that LMR, Inc. has completed its tasks, which will allow Staff to formulate a report on this issue, we request that the matter be placed on the Council's May 19th agenda for consideration. Thank you for your attention to this matter. If you require further information or clarification regarding this request, please contact me. Sincerely, R' 7._ Mark Lewis Lewis Management Resources, Inc. for the Honeybee Community Association ML: if Honey Bm-dminunity Association c/o Lewis Management Resources, Inc. 7925-A N. Oracle Road, #391 Tucson, AZ 86704 Phone (520) 742-5674 Fax (520) 742-1523 TO: ALL PROPERTY OWNERS HONEY BEE CANYON ESTATES FROM: Linda Sharek Lewis Management Resources, Inc. DATE: April 12, 1999 SUBJECT: POTENTI.AL AMENDMENT TO FIN.-kL PLAT It has recently been noted that two pedestrian easements currently exist at Honey Bee Canyon Estates. The ten (10) foot easements divide Lots 7 and 8, and also, Lots 14 and 15. The easements were placed upon these lots by the Town of Oro Valley, to provide access to the Honey Bee Canyon area from Honey Bee Estates. A potential new owner, of Lot 7, is requesting the pedestrian easement, between Lots 7 and 8, be eliminated. The Association has contacted the Oro Valley Planning and Zoning Department requesting guidance regarding initiating an easement abandonment procedure. Before any official Town of Oro Valley action can be started, the Property Owners must agree to allow the easements to be vacated. This requires a simple majority of owners, other than developer owned lots. Attached is a ballot to register your preference in this matter. As time is of the essence, please indicate whether you agree or disagree, (to the easement abandonment's), sign, date and return not later than April 23, 1999. If you have any questions or desire additional information, please contact me. Thanks for your prompt attention. A.6e. 6.k MAY 1 -J Honev Bee Communitv Association Professional Management by LMR Lewis Management Resources, Inc. 7925-A N. Oracle Road #391 Tucson, AZ 85704 Phone (520) 742-5674 Fax (520) 742-1523 May 12, 1999 Ms. Valerie Feuer Senior Planner Oro Valley Planning and Zoning Dept. 11, 000 N. La Canada Drive Oro Valley, AZ 85737 RE Request for Amendment to Honeybee Canyon Estates - Supplemental Information Dear Valerie: Attached is the official record of a special meeting of the Honeybee Canyon Board of Directors, held on Tuesday, May 11, 1999. The Resolution verifies that, in a majority vote of the Directors, support for abandonment of the pedestrian access easements traversing Lots 7 and 8 and 14 and 15 was given. We hope that, with this information provided, you will be able to place this item on the Council's May 19, 1999 agenda for consideration. If it seems appropriate, placing it on the consent agenda would be much appreciated. Sin ely, nda M. harek Account6 Manager Lewis Management Resources, Inc. for the Honeybee Community Association ML: if HONEY BEE COMMUNITY ASSOCIATION ANNOUNCEMENT of SPECIAL BOARD MEETING Pursuant to the Bylaws of the Honey Bee Community Association, Article III, Section 3.2 Special Meetings, the President of the Board of Directors of the Honey Bee Community Association calls a Special Meeting of the Board for the Purpose of Discussion and Action on the Easement Abandonment Proposal. DATE: Tuesday, May 11, 1999 TIME: 4:00 PM LOCATION: The Estates of Honey Bee Ridge Sales Center 14050 N. Silvercloud Drive Oro Valley, AZ I. CALL TO ORDER II. QUORUM III. DISCUSSION IV. ACTION V. ADJOURNMENT Lewis Management Resources, Inc. 7925-A North Oracle Road, #391 Tucson, AZ 85704 520/742-5674 Fax 520/742-1523 HONEY BEE COMMUNITY ASSOCIATION RESOLUTION WHEREAS, the Honey Bee Community Association has a Declaration and Bylaws, and, WHEREAS, the Board of Directors of the Honey Bee Community Association is empowered to govern the affairs of the Homeowners Association pursuant to those Declarations and Bylaws and, NOW, THEREFORE, BE IT RESOLVED THAT the Board of Directors of the Association have hereby approved the Request for Amendment the Honey Bee Canyon Estates, Book 46, Page 44, Abandonment of the Pedestrian Easements, as shared by Lots 7 and 8 and 14 and 15 at HoneyBee Canyon Estates. APPROVED: May 11, 99 RICHARD NIAES ,SECRETARY MBERLY BAKER , VICE PRES. 06/02/99 . Minutes, Council Regular Session 3 MOTION: Council Member LaSala MOVED to ratify the selection of Clarion Associates for preparation of Comprehensive Code Amendments and authorize execution of the contract including the scope of work. Council Member Bryant SECONDED the motion. Motion carried, 5 — 0. J. Resolution No. (R)99-57 Approval of Pima Association of Governments (PAG) Agreement for Service for the Oro Valley Summer Youth Arts Program Council Member Parisi reported that this is the fifth year for the Oro Valley Summer Youth Program. He explained that $25,000 has been authorized by the Pima Association of Governments (PAG) for an "oasis" for connecting CDO Riverfront Park to a bicycle/pedestrian path that will link to First Avenue. MOTION: Council Member Parisi MOVED to adopt Resolution No. R(99)-57, "Pima Association of Governments Agreement" for Services for the Oro Valley Summer Youth Arts Program. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. K. OV12-93-16A Honeybee Canyon Estates Final Plat Amendment, Rancho Vistoso Neighborhood 13, Parcel B (Property located north of Rancho Vistoso Blvd., and West of Honeybee Canyon) In response to a question from Council Member Bryant, Planning and Zoning Administrator Bryant Nodine explained that the Honey Bee Community Association polled its members and they reported a favorable response to closing the pedestrian accesses. He stated that it would provide privacy to the homeowners and would limit access to a sensitive area. MOTION: Vice Mayor Johnson MOVED to approve OV12-93-16A, Honey Bee Canyon Estates Final Plat Amendment. Council Member LaSala SECONDED the motion. Motion carried, 5 — 0. L. Confirmation of staff letter of explanation and understanding relating to Section 5.1.3 of the termination agreement by and between Metro Domestic Water Improvement District & Town of Oro Valley Council Member Bryant explained for the benefit of the audience that this is the purchase of OVWID 91 which was a part of Metro -Water Improvement District. He stated that this would be purchased with bonds that were approved in May. MOTION: Council Member LaSala MOVED to concur with staff that the attached letter is a satisfactory solution to the Arizona Department of Water Resources position involving Gallons Per Capita Per Day and Long Term Storage Credits issues as it relates to the Termination Agreement previously approved by Mayor and Council. Vice Mayor Johnson SECONDED the motion. Motion carried, 5 — 0. Mayor Loomis moved Agenda Items 13, 14, 15, to follow Item 2 TOWN OF ORO VALLEY COUNCIL COMMUNICATION ; -:,METING DATE: June 2nd, 1999 TO: FROM: SUBJECT: HONORABLE MAYOR & COUNCIL David Marsh, Planner I Approved Date Project Pla6ner RANCHO VISTOSO BOULEVARD, AND WEST OF HONEYBEE CANYON BACKGROUND: The final plat for Honeybee Canyon Estates was approved by Town Council on August 17, 1994. The Honey Bee Community Association for this development, represented by Lewis Management, have requested Town Council approval of a final plat amendment to delete two private pedestrian access easements shared between Lots 7 & 8, and Lots 14 & 15. SUMMARY: The two private pedestrian access easements proposed for deletion provide access to and from the development into Honeybee Canyon. The easements are shown on the final plat and are dedicated to the HOA. The Honey ee Community Association has made this request in regards to concerns of loss of privacy for the uevelopment, which is a gated community, and the potential for illegal trespass across the lots abutting the easements and perhaps other properties in Honeybee Canyon Estates. The Association has polled its members on this issue, of whom the majority are in favour of deleting the access easements, and have passed a resolution to that effect at a special meeting held on May 11 ', 1999 (see attached letters from the HOA). Two issues are to be examined in regards to this request: 1) privacy of the homeowners; and 2) access to Honeybee Canyon. In terms of the privacy of the homeowners, particularly for those in the lots abutting the easements, the deletion of the private pedestrian access easements will result in increased privacy and preservation of property rights. The deletion of these easements, and their associated trails, will decrease the potential for illegal trespass on these properties, and retain the enhanced private nature of the gated community. In terms of access to Honeybee Canyon, it is important to note that the easements proposed for deletion are private pedestrian access easements, and are only accessible for those residents residing in Honeybee Canyon Estates. The deletion of these easements will not adversely affect public access to Honeybee Canyon, as the Honeybee Canyon recreation and trailhead area is located immediately to the south. Moreover, the. deletion of these private pedestrian access easements may limit the number of persons, and entry points, into the more environmentally sensitive portions of the canyon. GENERAL PLAN COMPLIANCE: The proposed final plat amendment is in not in conformance with Policy 6.1I, "protect existing and establish _ :w trail access points to major washes and regional preserves"; however, the proposal is in conformance with Aicy 6.2G, in so much that the restriction of entry points into the more environmentally sensitive areas of Honeybee Canyon "preserve[s] and enhance[s] open space areas that protect the visual, natural, and cultural resources of the community." TOWN OF ORO VALLEY RECOMMENDATIONS: Staff recommends approval of this item. SUGGESTED MOTION: I move to approve OV 12-93-16A, Honeybee Canyon Estates Final Plat Amendment. woo I move to approve OV12-93-16A, Honeybee Canyon Estates Final Plat Amendment, with the condition that: •l I move to deny OV 12-93-16A, Honeybee Canyon Estates Final Plat, finding that: ATTACHMENTS: 1. Location Map 2. Letters from Honey Bee Community Assocation Zoning Administrator Town Mana -er F:\OV\OV12\1993\12-93-16.A\FPAMENDTC.RPT.doe `r A 11-08-94 DEVELOPMENT REVIEW BOARD MEETING MINUTES 20 Therefore, trees that are native to the area that exceed 25 feet would be appropriate. Kim Acorn, Acorn and Associates, commented on the apartment development. He said these developments are more dense than our typical single family and the amount of open space is going to be less than on a single family, therefore, the amount of landscape area and water use is dramatically less. This particular development, previously presented to the DRB for both architectural and development plan, has 25% more open space than the minimum required for this residential zone. Bill Adler asked the petitioner if the landscaping in the parking area meets the requirements as as mentioned in the parking ordinance in the code. The petitioner said, yes. End of discussion. A motion was entertained by the Chairman Walt Wind MOVED to APPROVE OV12-94-17 ROCK RIDGE APARTMENTS LANDSCAPE PLAN subject to staff recommendations with number one being amended as follows: 1. Landscaping adjacent to street frontages (Oracle Road and Pusch Ridge Ln.) shall be contoured or bermed to provide variations in grade, visual relief, screening and a more pleasing aesthetic value, in accordance with Sec. 4-1208E. 2. Turf areas shall not exceed 25% of the planted area, as delineated on the landscape plans. 3. The plant list submitted, containing non -approved species, shall be subject to review and approval by the DRB, and With the additional condition of the elimination of the eucalyptus trees. Richard Underwood SECONDED. MOTION CARRIED 6-0. The staff report was read by Kevin Kish. Mark Lewis, 7925 N. Oracle Road, was the petitioner on this item. Bill Adler asked Mr. Lewis if the architecture of the gate house, the pueblo design, is anticipated to be the dominant architecture within the development itself. Mr. Lewis said there is a single story height restriction on the actual homes, therefore, it is assumed that many will have a set architecture. The logic would be that it would look Sante Fe style as the guardhouse does. Bill Adler asked staff if they had any architectural comments with regard to the design. He asked if 11-08-94 DEVELOPMENT REVIEW BOARD MEETING NIINUTES 21 staff was satisfied. Kevin Kish said it was appropriate. Walt Wind asked how the gates were to be controlled. Mr. Lewis said that the gates are mechanical and the mechanism will be a card key for residents and a key pad for guests. The gate house will not be manned. Mr. Lewis said that there is also a conversation of going from an arm to a sliding gate (wrought iron). Richard Underwood asked where the boulder is coming from; onsite or import. Mr. Lewis said half and half. There were no further questions, therefore, the Chairman welcomed a motion. Richard Underwood MOVED TO APPROVE OV12-93-16A HONEYBEE CANYON ESTATES, ENTRY -WAY LANDSCAPE AND HARDSCAPE TREATMENT. Walt Wind SECONDED. MOTION CARRIED 6-0. Bill Adler referenced the lighting mentioned in the staff report and asked if this was confined to the landscape areas, i.e., decorative lighting, accent lighting. Mr. Lewis said yes, the way it is designed is that it will all be accent lighting on the boulders and the saguaros; with no glare. 10. OV13 94 34 1JDC HOMES' RF()TTFST FOR APPROVAT OF LANDSCAPE PRFSFRVATTON PT AN FOR W-OOT)SHADF ROAD RIGHT-OF-WAY (ASSOCTATFT) WITH THE DFVFT OPMFNT'r' OF RANCHO VTSTOSO, NFTCTH 7, PARCRT.S K WD T. The staff report was read by Kevin Kish. Bruce Schroeder, Land Development Manger of UDC Homes was present. He submitted reduced set of plans to the Board members. Mr. Schroeder said the area of concern is Woodshade Road (north end of Parcel K) right-of-way. He said he had difficulty with this because he could not find anywhere in the code that he had to do salvaging for the roadway. He said roadway plans do not go to DRB, they don't go through anything but staff review. He said he turned in his plans, therefore, he went to retrieve his grading permit and staff asked for a salvage plan. He said there is no code that stated that he had to have a salvage plan. However, UDC would like to cooperate so he spent three weeks working on this plan. He had staff go out on the site to pick the trees out. Mr. Schroeder said 16 trees were marked with flagging and five more were marked while on site. End discussion. The Chairman entertained a motion. Richard Underwood MOVED TO APPROVE OV13-94-34 - UDC HOMES' REQUEST FOR APPROVAL OF LANDSCAPE PRESERVATION PLAN FOR WOODSHADE ROAD RIGHT- nsrv. ri ORO VALLEY PLANNING & ZONING DEPARTMENT DEVELOPMENT REVIEW BOARD MEETING DATE: November 8, 1994 TO: Development Review Board FROM: Jonathan Crowe, Planner I SUBJECT: OV12-93-16A, Honey Bee Canyon Estates, ENTRANCE AND LANDSCAPING BACKGROUND: Rancho Vistoso Partners, the project developer, requests approval for a gated entrance and landscaping plan for Honey Bee Canyon Estates, a single family detached subdivision located on the north side of Rancho Vistoso Boulevard, adjacent to and west of Honey Bee Canyon. Honey Bee Canyon Estates has been approved for 44 custom lots. The property is abutted on the east by Parcel A (vacant, Very Low Density Residential); on the south across Rancho Vistoso Boulevard by a designated Recreation Area and natural open space; on the west by Parcel C (vacant Low Density Residential) and vacant County land SR; and on the north by open space. SUMMARY OF GATED ENTRANCE AND LANDSCAPING PLAN The drawings submitted include plans for a gatehouse, mailboxes, landscaping, lighting, and irrigation. Notable details include decorative stone paving at the entrance; the gatehouse (stucco over frame with accent river rocks); landscape boulders; native plants, trees, and "desert pavement" top dressing on all medians, planters and along curbs and walks. The consultant has specified a smooth transition between landscaped areas and existing natural areas. The seed mix contains two species not found on the Oro Valley Approved Seed Mix. These two species are Medium Grass (Schismus Barbatus) and Arroyo Lupine (Lupinus Arizonicus). RECOMMENDATIONS Staff finds the plans to be excellent and recommends approval of OV12-93-16A, Honey Bee Canyon Estates, ENTRANCE AND LANDSCAPING, with the condition that the proposed seed mix be changed to meet the intent of the Code. The DRB may wish to consider the following motions: y I move to approve 2-93-16A, Honey Bee Canyon =tes, ENTRANCE AND LANDSCAPING, subjdlff Staff s conditions. M I move to deny OV 12-93-16A, Honey Bee Canyon Estates, ENTRANCE AND LANDSCAPING. Attachments 1. Entrance and Landscaping Plans 12-93-16.A\rpt.drb 2 MINUTES OF THE ORO VALLEY TOWN COUNCIL REGULAR SESSION AUGUST 17, 1994 ORO VALLEY COUNCIL CHAMBERS 11,000 N. LA CANADA DRIVE CALL TO ORDER: 7:00 P.M. PRESENT: Richard Parker, Mayor Paul Hermes, Vice Mayor Valerie Hoyt, Councilmember Bill Kautenburger, Councilmember Cheryl Skalsky, Councilmember ITEM 1 - CONSENT AGENDA Vice Mayor Hermes MOVED to APPROVE the Consent Agenda. Councilmember Hoyt SECONDED the motion which CARRIED, 5-0. A. Approval of Minutes - 8/3/94 B. Oro Valley Building Codes Activity Report - July 1994 C. Reappointment of Diane Griffin, Sally Innes & Margarita Street to the Oro Valley Arts Advisory Board effective 8/30/94 - 8/30/96 D. Approval of Festival of Cities & Towns Booth - funding & concept E. Approval of request to use Town Hall Parking area on October 30, 1994 by OV Chamber of Commerce for a family bike ride to promote safe cycling as a family activity in and around Oro Valley F. Police Report - July 1994 G. Award of Project No. 02-0794 to Sahuaro Surfacing, Inc. for the Town's 1994 Slurry Seal Program H. Resolution No. (R)94-38 - Approving the Execution of an Intergovernmental Agreement with Arizona Department of Public Safety to participate in an Arizona State Gang Task Force I. Resolution No. (R 9� 4=39 - Establishing Standard Arterial and Major Collector Street Cross -Sections ITEM 2 - OV12-93-16A HONEYBEE CANYON ESTATES, LOTS 1-44 FINAL PLAT Property located on the north side of Rancho Vistoso Blvd., adjacent to the bridge over Honey Bee Canyon Planning and Zoning Director Don Chatfield reviewed the Council Communication, explaining that on June 1, 1994, Council approved the preliminary plat for Honey Bee Canyon Estates (Rancho Vistoso, Neighborhood 13, Parcel B). He said that the subject property is located on the north side of Rancho Vistoso Boulevard, adjacent to the bridge over Honey Bee Canyon. He 08/17/94 Minutes, Town Council Regular Session 2 said that the property has a gross acreage of 96.46 acres and is proposed to have 44 lots for a gross density of .45 units per acre. He explained that 37.34 acres are set aside in natural open space, yielding 46.44 acres of net building area and providing a net density of .9 units per acre. Mr. Chatfield stated that the final plat was in conformance with the Council -approved preliminary plat and with the design standards set forth in the Rancho Vistoso PAD for Very Low Density Residential Development. Mr. Chatfield added that staff was suggesting that Council consider amending General Note No. 7 to include the DRB/Council's requirement that all homes along the wash be restricted to single story. He said that staff also suggested that the conservation easements shown on Lots 1 through 18 have surveyed and staked lines, to indicate the limits to future homeowners. Mayor Parker asked for questions of staff from Council. There being none, he invited the petitioner to speak. Dick Maes of Rancho Vistoso Partners stated that they were in agreement with all the items listed by staff and that he was available for questions. Councilmember Hoyt asked whether he would be agreeable to an 18-foot height limitation on the one-story homes. Mr. Maes said that his group had no problem with the one-story limitation but had not discussed the actual height. He said that the 18-foot limitation could exclude pitched roofs. Mr. Chatfield said that 18 to 22 feet would be acceptable, excluding chimneys. Mr. Maes consulted with his engineer and said that 22 feet would be acceptable. Councilmember Skalsky MOVED to DENY the final plat for OV12-93-16A, Honey Bee Canyon Estates, Lots 1-44, because of the many changes that had been made and because of the environmental and conservation issues that needed to be addressed at the Planning and Zoning level. MOTION DIED for lack of a second. Councilmember Hoyt MOVED to APPROVE the final plat for OV12-93-16A, Honey Bee Canyon Estates, Lots 1-44, with the following added conditions: 1. Amend General Note No. 7 to stipulate that homes built on Lots I through 18 shall be restricted to single story with a 22-foot height limitation. 2. Conservation easements, as shown on the final plat, shall be field surveyed and staked so that future homeowners will be aware of the limits of the same. 08/17/94 Minutes, Town Council Regular Session 3 To reiterate important stipulations placed on preliminary plat approval, the following conditions shall be attached to the final plat as well: Note 3. A Conservation Easement covering the common areas shall be recorded with the final plat, which prohibits any removal of vegetation or ground disturbance activities. Note 6. The developer shall post eight (8) signs along the boundary of the dedicated trail easement and the common area with the following words: "Conservation Area: Stay on the Trailway." Note 7. Conservation Easements for Lots 1-28 and Lots 33 and 34 shall be recorded with the final plat, which shall prohibit the homeowner from any construction or alteration of vegetation on that portion of the lot covered by said easement. Councilmember Kautenburger SECONDED the motion which CARRIED, 4-1, Skalsky opposed. ITEM 3 - OV12-94-8 RANCHO VISTOSO, NEIGHBORHOOD 7, PARCEL G, FINAL PLAT - Property located at the SW corner of Rancho Vistoso Blvd.and Arrowsmith Drive, extending south to Woodburne Avenue Planning and Zoning Director Chatfield reviewed the Council Communication, stating that The WLB Group, on behalf of New World Homes, was requesting approval of a final plat for a single-family, detached residential subdivision of 122 lots on 29.15 acres. He stated that the Development Review Board had reviewed and approved the preliminary plat for Parcel G at its May 10, 1994 meeting, followed by Council approval on June 1, 1994. He explained that the final plat for Parcel G had one less lot than the original preliminary plat but otherwise was in substantial conformance with the approved preliminary plat. Mr. Chatfield stated that staff recommended approval with one addition to Note No. 19, as follows: "The retention basin located at the southwest corner of this project and the 10 foot wide drainage channels between Lots 85-86, 74-75 and 65-66 shall be constructed as part of this development and are private. The master homeowners association will accept the responsibility for maintenance, control, safety and liability of same." Mayor Parker asked for questions of staff by Council. There being none, he then invited the petitioner to speak. Tim Ensign with The WLB Group, representing Terry Klinger of New World Homes, stated that they had reviewed the staff comments and had no problem with them. TOWN OF ORO VALLEY COUNCIL COMMUNICATION MEETING DATE: August 17, 1994 TO: HONORABLE MAYOR & COUNCIL FROM: Linda Frew, Planner I SUBJECT: OV12-94-16A Honey Bee Canyon Estates, Lots 1-44, Final Plat SUMMARY: On June 1, 1994, the Mayor and Council approved the preliminary plat for Honey Bee Canyon Estates (aka Rancho Vistoso, Neighborhood 13, Parcel B). The subject property is located on the north side of Rancho Vistoso Boulevard, adjacent to the bridge over Honey Bee Canyon. The subject property has a gross acreage of 96.46 acres and is proposed to have 44 lots for a gross density of .45 units per acre. Of the 96.46 acres, 37.34 acres are set aside in natural open space, yielding 46.44 acres of net building area. This provides a net density' of .9 units per acre. The property is abutted on the east by Parcel A (vacant Very Low Density Residential), on the south across Rancho Vistoso Boulevard by a designated Recreation Area and natural open space, on the west by Parcel C (vacant Low Density Residential) and vacant County land SR, and on the north open space. The final plat prepared for this subdivision is in substantial conformance with the Council -approved preliminary plat and with the design standards set forth in the Rancho Vistoso PAD for Very Low Density Residential Development. RECOMMENDATION: Staff has no objection to approval of the final plat for Honey Bee Canyon, as submitted, but we suggest that the Council consider amending General note no. 7 to include the DRB/Council's requirement that all homes along the wash be restricted to single story. Secondly, Staff suggests that the conservation easements shown on Lots 1 through 18, have surveyed and staked lines, to indicate limits of same to future homeowners. SUGGESTED MOTION: The Council may wish to consider one of the following motions: I move to approve the final plat for OV12-93-16A, Honey Bee Canyon Estates, Lots 1-44, as presented. COUNCIL COMMUNICATION TOWN OF ORO VALLEY •o Page 2 of 2 I move to approve the final plat for OV12-93-16A, Honey Bee Canyon Estates, Lots 1-44, with the following added conditions: 1. ) Amend General note no. 7 to stipulate that homes built on Lots 1 through 18 shall be restricted to single story. 2. Conservation easements, as shown on the final plat, shall be field surveyed and staked so that future homeowners will be aware of the limits of same. And to reiterate important stipulations placed on preliminary plat approval, the following conditions shall be attached to the final plat as well: 3. A Conservation Easement covering the common areas shall be recorded with the final plat, which prohibits any removal of vegetation or ground disturbance activities. 6. The developer shall post eight (8) signs along the boundary of the dedicated trail easement and the common area with the following words: "Conservation Area: Stay on the Trailway. " 7. Conservation Easements for Lots 1-28 and Lots 33 and 34 shall be recorded with the final plat, which shall prohibit the homeowner from any construction or alteration of vegetation on that portion of the lot covered by said easement. •G I move to deny the final plat for OV12-93-16A, Honey Bee Canyon Estates, Lots 1-44, finding that Attachments: 1. Reduced copy of final plat 2. Excerpt from minutes of the 6-1-94 Council meeting 12-93-16/finplat. tcc Town Manager C)1-12- 5-l1,-,, -�� Haney Bee Land Development Inc. 2285 E. Rancho vistoso Blvd. Tucson, Az 85737 (6a2) a 75-1456 August 26,1994 Mr. Manny Padilla Zoning Inspector Town of Oro Valley 11000 N La Canada Dr. Tucson, Arizona 85737 Re: Honey Bee Estates, Lots 1-44 Rancho Vistoso, Oro Valley, Az. Dear Mr. Padilla; Honey Bee Land Development Inc. hereby assures the Town of Oro Valley that they will replace twenty (20) of the trees that were not relocatable, due to the extremely rough terrain. These trees will be replaced with 6" to 8" caliber size in a mixed group of Palo Verde, Mesquite, and Acacia trees during the landscaping of the right of way. Sincerely, John Keith %kL Owner cc: Jerry Zielman, WL 13 h 6 a\,( (a -93 --1(na. SPECIAL REPORT SCHEDULE A Order No. 139817 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: TOWN OF ORO VALLEY 3. The Title to the fee estate in the land described herein is at this date hereof vested in: CHARLES S. KEITH, SR., husband of ESTHER KEITH, as his sole and separate property, an to an undivided twenty-five percent (25 0 ) interest; CHARLES S. KEITH, JR., husband of MARGARET KEITH, as his sole and separate property, as to an undivided twenty-five percent (250) interest; JOHN R. KEITH, husband of ELIZABETH KEITH, as his sole and separate property, as to an undivided twenty-five percent (250) interest; and HENRY KEITH, husband of CATHERINE KEITH, as his sole and separate property, as to an undivided twenty-five percent (250) interest 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 June 7, 1994 at 7:30 A.M. FIRSM'-AMERICANITITLE INSURANCE COMPANY BY: WAL GRASSIE/sh EXT. 236 EXHIBIT "A" No. 139817 PARCEL 13B- That portion of Section 24, Township 11 South, Range 13 East, Gila and Salt River Base and Meridian, Pima County, Arizona, described as follows: COMMENCING at the West Quarter corner of said Section 24; THENCE North 89 degrees 54 minutes 47 seconds East, along the East- West Mid -Section line, a distance of 1,982.49 feet to the POINT OF BEGINNING; THENCE North 89 degrees 54 minutes 47 seconds East, along the said line, a distance of 650.00 feet to the Southwest corner of the Northeast Quarter; THENCE North 00 degrees 00 minutes 20 seconds East, along the West line of the said Northeast Quarter, a distance of 2,020.00 feet; THENCE South 89 degrees 59 minutes 40 seconds East, 1,060.00 feet; THENCE South 28 degrees 44 minutes 00 seconds East, 740.00 feet; THENCE South 39 degrees 42 minutes 00 seconds East, 650.00 feet; THENCE South 08 degrees 39 minutes 00 seconds East, 131.00 feet; THENCE South 19 degrees 06 minutes 00 seconds West, 260.00 feet; THENCE South 12 degrees 22 minutes 00 seconds East, 117.00 feet; THENCE South 03 degrees 36 minutes 00 seconds East, 160.00 feet; THENCE South 23 degrees 24 minutes 00 seconds West, 655.00 feet; THENCE South 43 degrees 40 minutes 00 seconds West, 439.28 feet to the North right-of-way line of Rancho Vistoso Boulevard recorded in Docket 8178, at Page 1966; THENCE North 67 degrees 30 minutes 07 seconds West, along the said right-of-way line, a distance of 580.34 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 1, 075.00 feet and a central angle of 058 degrees 16 minutes 34 seconds for an arc distance of 1,093.39 feet to a non -tangent line; THENCE North 04 degrees 21 minutes 00 seconds West, 278.71 feet; THENCE North 42 Algrees 27 minutes 30 seconds �est, 430.00 feet to the POINT OF BEGINNING. (Rancho Vistoso-Neighborhood 13 Parcel B) SCHEDULE B PART ONE: Order No. 139817 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessment 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. 6. Any lien, or right to a lien, for services, labor or material theretofore or hereinafter furnished, imposed by law and not shown by the public records. SCHEDULE B Commitment No. 139817 PART TWO: A. All of 1993 taxes are paid in full. NOTE: Code 219-20-003B-1, assessed in the total amount of $23.72 for the entire year of 1993. 1. Reservations contained in the Patent from the United States of America, reading as follows: Subject to any vested and accrued water rights for mining, agri- cultural, manufacturing, or other purposes, and rights to ditches and reservoirs used in connection with such water rights as may be recognized and acknowledged by the local customs, laws and decisions of courts; and there is reserved from the lands hereby granted, a right of way thereon for ditches or canals constructed by the authority of the United States of America. Reservations contained in the Patent from the United States of America, reading as follows: Excepting and reserving, to the United States, all the coal and other minerals, together with the right to prospect for, mine and remove the same pursuant to the provisions and limitations of the Act of December 29, 1916, (39 Stat., 862). 2. All matters as set forth in the Covenants, Conditions, and Restrictions in instrument recorded in Docket 7761, Page 1493; Docket 8021, Page 925, amended in Docket 8327, Page 2058, and amended in Docket 8629, Page 576; and Tract Declaration in Docket 8494, Page 189. 3. Any charge upon said land by reason of its inclusion in VISTOSO COMMUNITY ASSOCIATION. (All assessments which are due and payable have been paid.) 4. Amended Bridge Financing Plan for Rancho Vistoso and Vicinity, as disclosed by Resolution No. 1986-71, recorded in Docket 7786, Page 957. 5. Water rights, claims or title to water, whether or not the matters excepted are shown by the public records. I :11.11 11 U l� I% L' U U E 1J INI AF 2tq-20 `S ECTIO\T 21, TOWNSHIP I I SOUTH , RANGE 13 EAST S 89d 55' V 5264.16 (G 0 J` aj � 0 • 1060.00 y .Yo N r � o z szUU, RAMC" � •. F1RE DiSZR1Cl 1990-1