HomeMy WebLinkAboutOV129315 i I
TOWN OF ORO VALLEY
ASSURANCES, EXHIBITS, CC&RS CHECKLIST
OV CASE NO: ov 12-93-15 PROJECT NAME: DESERT WILLOWS
DATE SUBMITTAL ACCEPTED: 1/14/94 COUNCIL DATE:
CHECK IN (ADMINISTRATIVE ASSISTANT) THE FOLLOWING ARE REQUIRED:
ASSURANCE AGREEMENT ORIGINAL: AND ONE COPY: "-
EXHIBIT A: LEGAL DESCRIPTION (TWO COPIES) :
EXHIBIT B: TRUST AGREEMENT (TWO COPIES) : OR
ONE COPY TRUST AGREEMENT: AND
ONE COPY OF DECLARATION OF TRUST & ASSIGN. BENEFICIARY:
EXHIBIT C: IMPROVEMENT REQUIREMENTS (TWO COPIES) :
CC&R'S (TWO COPIES) :
FORWARD TO ASSURANCES COORDINATOR: COMMENT:
I. ASSURANCES COORDINATOR
RECEIVED: REVIEWED:
� f
FWD TO ZONING ADMINISTRATOR: '----
RETURNED TO EVELOPER: ( A-Le i
COMMENT:\--q /7 Y
SIGNATURE:
II. ZONING ADMINISTRATOR
RECEIVED: . //-7/41e. REVIEWED: - /(-1 I 'lc/
FWD TO TOWN ENGINEER: I 1
RETURNED TO ASSURANCES COORDINATOR:
COMMENT:
SIGNATURE:
III. TOWN ENGINEER
RECEIVED: 11,054REVIEWED.
FWD TO ASSURANCES COORDINATOR
COMMENT: l r C ( pco-yvy -:
SIGNATURE:
•
IV. ASSURANCES COORDINATOR
RECEIVED: y// V COMMENTS REVIEWED:
. r
CORRECTIONS MADE:
FWD TO TOWN ATTY: RECOMMENDATIONS:
SIGNATURE:
V. TOWN ATTORNEY
RECEIVED: 14y g'/S. 9,,fig REVIEWED: y 14y a raj .
FWD TO ZONING ADMINISTRATOR: DENIED.:
COMMENT:
SIGNATURE:
VI. ZONING ADMINISTRATOR FOR COUNCIL COMMUNICATIONS:
VII. TOWN CLERK
RECEIVED: REVIEWED:
COMMENT:
DOCUMENTS RECORDED
ASSURANCES: NO:
CC&RS:
RESTORATION BOND: NO:
SIGNATURE:
F. ANN RODRIGUEZ, RECORDER
0 . RECEIPT OF RECORDING
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Pima County Recorder, 115 N. Church Avenue. Tucson, AZ. 85701-1199. (6021 740-8151
SUPPLEMENTAL REPORT
1
TOWN OF ORO VALLEY ... -
COUNCIL COMMUNICATION MEETING DATE: October 18, 2000
TO: HONORABLE MAYOR & COUNCIL
FROM: Steven Faaborg, Civil Engineering Technician
SUBJECT: Resolution No. (R)00-92. , accepting those streets within the Desert
Willows subdivision as public streets.
SUMMARY:
All lots within the Desert Willows subdivision have been improved and the developer,
Bowers Properties, has requested that the Town assume maintenance responsibility for
the internal streets in the subdivisions. The rights-of-way have been dedicated to the
Town of Oro Valley with the final plat and the streets have had a surface treatment
acceptable to the Town Engineer applied. The Department of Public Works staff has
reviewed streets within the Desert Willows subdivision and find that they meet the
requirements for acceptance as set forth in the Town Code, Chapter 7 Article 7-9-1
Acceptance of Deeded or Dedicated Streets, Drainageways and Rights-of-way. This
resolution would formalize the acceptance of the following streets or street segments:
• Bowers Court from Oracle Road to and including the cul-de-sac
• Hanks Place from Bowers Court to and including the cul-de-sac
ATTACHMENTS:
Resolution No. (R)00-92 , A resolution of the Town of Oro Valley, Arizona accepting
those streets within the Desert Willows subdivision as public streets, map locating
subdivision, street map.
FISCAL IMPACT:
Approximately $700 per year, including signage, sweeping, striping, crack-sealing and
surface maintenance. This figure is based on a typical average cost of $0.25 per square
yard of paving per year.
RECOMMENDATIONS OF STAFF:
The Department of Public Works recommends approval of Resolution No. (R)00-92 ,
accepting those streets within the Desert Willows subdivision as public streets.
TOWN OF ORO VALLEY
COUNCIL COMMUNICATION PAGE 2 OF 2
SUGGESTED MOTION:
I move to approve Resolution No. (R)00-92 , accepting those streets within the Desert
Willows subdivision as public streets.
or
I move to deny Resolution No. (R)00-92 , accepting those streets within the Desert
Willows subdivision as public streets.
Department Head \'
. /) - g ---e /C->-
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PURCHASE ORDER
q kr i)V Town of Oro Valley
4 ,,i,,-4 11000 N. La Canada Drive DATE DATE REQUIRED P.O.NUMBER PAGE
4 ' :-.7 ,,,,ii•r
A ‘ , , ...",----.. Oro Valley, AZ 85737
..,...--__._. ,,._-,-...:-..• ,.. 111107/200a 4 i:37 1
A ,...------_-_--f-....--7.,-.. -A (520) 297-2591
..:---:_ ______-____.. ..._
PURCHASE ORDER
Ab - 'el NO.MUST BE ON
/i
.,NDE‘-n' VENDOR RC -.,R ALL INVOICES-
At‘''-,-17
NO.: PACKAGING.ETC.
V 13 0 WE R PROPE,RT E S S F:'LAM N 1 NG S4 ZON t NG
E 6700 N CANINO PADRO ISIDJP O H -1-(,),,AN of; ORO VALLFY
N lijCSC*4 AZ 357'4,8 I 11000 N 'LA CANADA DR
D P
On0 VA! LEY AZ 85737
0
R T
0
SHIP VIA : ORDERED BY : GAY-NOMNE,
F.O.B. : P.O. TYPE : RegUlair
TERMS : REQ. NO. :: -,- PROD
QUAN I!TY-'.'- CODE: DESCRIPTION , c UNIT PRICE TOTAL COST -
RE,"':-5.70RAI1ON BOND z17,3,i DO 0000 $3,10(100
103-000-.219.000 $3,1 00.0000
TOW $31-Ira ao
. .
. .
. , . : ,..... . : --- , . PURCHASE ORDER NOT VALID
"/( / I ,, I .• , • ., „'; , ! f' • . ) WITHOUT AUTHORIZED SIGNATURE
AUTHORIZED BY ,. ; ' DATE
,:.
TOWN OF ORO VALLEY
CHECK AND PURCHASE ORDER REQUEST
Vendor Information:
Name Date:
Address: - - o• G�,�c� �` Terms:
Ship/Deliver To:
Account Number Item Description I Quantity Unit Cost Total Cost
Check Request[ Purchase Order[ J
Special Instructions(i.e.date needed,etc.):
Purpose or Use:
Unencumbered balance:
If account overdrawn,funds available in Account No. Unencumbered balance:
Requested by: ---- a � � _ Approved by:
In compliance with SOP#2, if a single purchase is in excess of$1000 purchaser must submit three separate bids. If
vendor selected is not the low bidder, briefly explain why in the comment section.
Vendor#1: Contact Person: Telephone:
Price Quote: Comments:
Vendor#2: Contact Person: Telephone:
Price Quote: Comments:
Vendor#3: Contact Person: Telephone:
Price Quote: Comments:
1101/2000 10:47 797-2202 DV PUBLIC WORKS PAGE 02
MEMORANDUM
TO: Shirley Gay
DATE: October 31, 2000
FROM: Steven Faaborg, Civil Engineering Technician
CC: Paul Nzomo, P_E., Civil Engineer
Mark Navarro, Engineering Aide
S U BJ: Release of restoration bond for Desert Willows,
OV12-93-15
I have reviewed the Desert Willows subdivision with regard to the release of
the restoration bond (S3100 cash bond) being presently held by the Town. I
find that the project Is complete and that the Town has accepted the
streets for maintenance, therefore the Department of Public Works has no
objection to the release of this bond.
.40/....rtar..:..w , - /
-- i-.o40
to en Faabor•, Civil E .- ee ng Technician
•
RESOLUTION NO. (R)OO- 92
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL
OF THE TOWN OF ORO VALLEY, ARIZONA,
ACCEPTING THOSE STREETS WITHIN THE DESERT
WILLOWS SUBDIVISION AS PUBLIC STREETS
WHEREAS, the Town Council of the Town of Oro Valley, Arizona
recognizes that the developer, Bowers Properties, wishes to dedicate to the
Town, and has requested formal acceptance for maintenance, those streets
within the Desert Willows subdivision as public streets; and,
WHEREAS, the developer has constructed those streets within the
Desert Willows subdivision with the intent that they be dedicated and turned
over to the Town of Oro Valley for maintenance; and,
WHEREAS, all conditions for repair and maintenance prior to
acceptance, as set forth by the Town Engineer, have been met for those
streets within the Desert Willows subdivision; and,
WHEREAS, The Mayor and administrative officials of the Town of
Oro Valley are authorized to take steps necessary to accept those streets
on behalf of the Town of Oro Valley, Arizona; therefore,
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND
TOWN COUNCIL OF THE TOWN OF ORO VALLEY,
ARIZONA AS FOLLOWS, THAT:
The Town Council hereby approves the acceptance of the following
streets or street segments within the Desert Willows subdivision as
public streets:
• Bowers Court from Oracle Road to and including the cul-de-sac
• Hanks Place from Bowers Court to and including the cul-de-sac
PASSED AND ADOPTED by the Mayor and Town Council of the
Town of Oro Valley, Arizona this l8thday of October , 2000.
TOWN OF ORO VALLEY, ARIZONA
/0 -co
Paul H. Loomis, Mayor Date
ATTEST: APPROVED AS TO FOR •
(r-
Kath E. Cuvelier, Town Clerk Date an L. Dudley, Town Attor y D to
P7/;.: / 10 3 c 0
/ - ff-e__ e)
C a fr‘ e/eaS
REQUEST FOR RELEASE OF BONDS
DATE: "I -
eLL
TO:
FROM:
SUBJECT: RELEASE OF ASSURANCES
WOULD Y S SPECT THE FOLLOWING SUBDIVISION FOR A
PARTIAL L RELEASE F ASSURANCES.
LOTS:
OV12-9, -
BOND #
This bond may be released
This bond may be reduced . ...
This bond may not be reduced as work is not complete - �.:
IF NOT APPROVED FOR RELEASE OF ASSURANCES PLEASE GIVE BRIEF
} EXPLANATION.
•
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RESTORATION AGREEMENT
SUBDIVISION NAMEZEC-VC_ �i/ �,.,G �� av / - -- /3—
SUBDIVIDERXWELOPERwr NUMBERS
/ � v
RESKEZATION AmEEtialr DATE /do/ AMUNT
PCIRM OF RESTORATION AGREEMENT:
Cash or certified check
_ Certificate of deposit
* Surety (performance) bard
* Escrow deposit Irrevocable letter of credit
INSURANCE COMPANY OR ESCRal AGENT
* Requires certified copy of bard, escruw agreement or letter of credit.
This Restoration Agreement, a in conformance with
Sections 4-9 01A, 4-9 01C, 4-901F, 4-9 O lG, Sec. 4-9 02 and Sec. 4-9 03 of the
Town of Oro Valley Zoning Code, requires a deposit with the Town Clerk in
an amount approved by the Tcwn Engineer prior to issuance of permits.
In accordance with Sec. 4-901F, - tion assurance funds shall be
released to the Town of Oro Valley upon demand by the 'Tam for the purpose
of completing improvements which are not completed by the developer or
which have been abandoned by the developer as determined by the Town
Engineer.
The assurances shall be released upon satisfactory performance and
acceptance as determined by the Town Engineer (Sec. 4-9 01G) .
*417
eloper/Subdivider or his Town 4Vineer
Authorized Agent
6&T;diE.GA—) 61/F4-
Position Town Clerk
REQUEST FOR RELEASE OF BONDS
DATE: —�
TO: 4i,\V 76
,14
FROM:
SUBJECT: RELEASE OF ASSURANCES
WOULD Y II P SPECT THE FOLLOWING SUBDIVISION FOR A
PARTIALTULL RELEASE F ASSURANCES.
LOTS: 0
OV 12- -
BOND # . ►
This bond may be released
This bond may be reduced
This bond may not be reduced as work is not complete
IF NOT APPROVED FOR RELEASE OF ASSURANCES PLEASE GIVE BRIEF ; _
EXPLANATION.
HODR16�im' l, RECORUER DOCKET: 9787
RECORDED BY: RBJ R PAGE: 714
DEPUTY RECORDER NO. OF PAGES: 14
2234 RD11 SEQUENCE: 94091925
' SO.ROV -�-~� 05/06/94
TOWN OF ORO VALLEY REST 14:43:00
11000 N LA CANADA MAIL
ORO VALLEY AZ 85737 AMOUNT PAID $ 8. 50
When recorded ,
return to :
Bowers Properties
6700 N . Camino Padre Ia1doro
Tucson , Arizona 85718
DECLARATION OF COVENANTS , CONDITIONS , RESTRICTIONS
FOR
DESERT WILLOWS
Dated :
q 7 R 7
DECLARATION OF COVENANTS , CONDITIONS
RESTRICTIONS AND EASEMENTS FOR
DESERT WILLOWS
Lawyers Title of Arizona , Inc . , An Arizona Corporation , as
Trustee under Trust No . 7749-T , and not otherwise , and its
sole beneficiary (sometimes referred to herein as
"Developer" ) Bowers Properties , an Arizona General
Partnership collectively "Declarant , " is the owner of the
following described real property , situated in Pima County ,
Arizona :
see Exhibit A
which property shall hereinafter be referred to as the
Property or the Properties . The lots referred to above may
be referred to herein as Lots .
WHEREAS , Declarant proposes to construct individual
dwelling units upon the Property and to sell and convey the
same , subject to the covenants , restrictions , uses ,
limitations , obligations , easements , equitable servitudes ,
charges and liens , hereinafter set forth, each of which is
for the benefit of the Property and the subsequent owners
thereof .
NOW , THEREFORE , Declarant hereby declares that the
Property is and shall be held, conveyed, encumbered , leased
and used subject to the following covenants , conditions ,
restrictions , uses , limitations , obligations , easements ,
equitable servitudes , charges and liens , all of which are
for the purpose of enhancing and protecting the value ,
desirability and attractiveness of the Property . The
covenants , conditions , restrictions , and easements herein
shall run with the Property; shall be binding upon all
persons having or acquiring any interests in the Property or
any part thereof ; shall inure to the benefit of and be
binding upon Declarant , and its successors in interest ; by
any owner or his successors in interest or by any entity
having an interest in their enforcement .
All references herein to "Developer" shall mean Bowers
Properties and its successors and assigns . All references
to "Declarant" shall collectively mean Lawyers Title of
Arizona , Inc . , an Arizona Corporation , as Trustee under
q7 7 - 7 1
Trust No . 7749-T , and its sole beneficiary, and their
successors and assigns .
No provision contained herein shall be construed to
prevent or limit Developer ' s right to complete development
of the Property or the construction of improvements thereon ,
nor Developer ' s right to maintain model homes , construction ,
sales or leasing offices or similar facilities on the
Property, nor Developer ' s right to post signs incidental to
construction sales or leasing , nor Developer ' s right to do
anything that may , in its sole discretion, deem necessary
and proper for the full development of the Property . All
rights of Declarant herein are assignable .
ARTICLE I
GENERAL RESTRICTIONS
The Property shall be held , used and enjoyed subject to
the applicable statutes , rules , regulations and ordinances
and in accordance with the following limitations and
restrictions .
Section 1 . 01 . Animals . No animals of any kind shall be
raised , bred , or kept , except that a reasonable number of
generally recognized house or yard pets may be kept ,
provided that they are not kept , bred or maintained for any
commercial purpose . No animal shall be allowed to become a
nuisance . A "reasonable number" as used in this Section
shall ordinarily mean no more than two pets per household ;
provided , however , that either Declarant or the
Architectural Committee as provided herein may determine , in
their sole and absolute discretion , whether a particular
animal is a generally recognized house or yard pet or a
nuisance , or whether the number of animals is reasonable .
All pet owners must follow Pima County Leash Laws and clean
up ALL, pet Debris , and properly dispose it each time . Common
areas are not to be used as pet rest rooms .
Section 1 . 02 . Trash Containers . No garbage or trash
shall be placed or kept on any Lot within the Property,
except in covered containers of a type , size , and style
which have been approved by the Developer or approved by the
Architectural Committee as provided herein , and containers
shall at all times be hidden from view except on days of
trash pick-up . All rubbish, trash or garbage shall be
removed from the Lots and shall not be allowed to accumulate
thereon . No incinerators shall be allowed .
Section 1 . 03 . Backboards . No basketball backboards of
any kind shall be erected or attached , by either a permanent
or temporary method, to any dwelling unit unless approved by
Declarant or by the Architectural Committee as provided
herein .
Section 1 . 05 . Aerials . No aerial , antenna or
satellite dish for use of TV, radio or other form of
9787 7 1 A
communication reception , of a temporary or permanent
character , shall be erected on any Lot or attached to the
principal residence located upon any Lot unless approved by
the Declarant or by the Architectural Committee as provided
herein .
Section 1 . 06 . Nuisances . After completion of
construction of any dwelling units and landscaping of Lots ,
no rubbish or debris of any kind shall be placed or
permitted thereon so as to render any such property or any
portion thereof unsanitary , unsightly, offensive or
detrimental to any other property in the vicinity thereof or
to its occupants . No noise or other nuisance shall be
permitted to exist or operate upon such property so as to be
offensive or detrimental to its occupants . Without limiting
the generality of any of the foregoing provisions , no
exterior speakers , horns , whistles , bells or other sound
devices , except security devices used exclusively for
security purposes , shall be located , used or placed on any
such property without the prior written approval of the
Declarant or by the Architectural Committee , in their sole
discretion , shall have the right to determine the existence
of any such nuisance .
Section 1 . 07 . Unsightly Articles . No unsightly
articles shall be permitted to remain so as to be visible
from adjoining Lots or from the street or public way ,
including trash containers , except as otherwise provided
herein . No clotheslines shall be permitted without approval
of the Declarant or the Architectural Committee as provided
herein . At no time shall there be any outside storage of
commercial vehicles , boats , trailers , campers , motor
vehicles , mobile homes , or house trailers of any type on the
Property or adjacent thereto . Bikes and Toys are to be
stored in garages or rear yards , out of sight of other
residents . At no time shall there be any outside storage of
motor vehicles in stages of construction , reconstruction ,
modification or rebuilding of parts of motor vehicles such
as frames , bodies , engines or other parts or accessories .
Any and all items stored in a carport or garage areas shall
be stored so as to conceal the same from view from adjoining
property or from the street or public way . Grass , Shrub or
tree clippings and all clotheslines , machinery, storage
piles , wood piles , garbage or trash containers shall be kept
within an enclosed structure or appropriately screened from
view of adjoining property or from the street or public way
except when necessary to make available for collection and
then , only the shortest time reasonably necessary to effect
such collection . The Declarant shall have discretion in
determining if any activity by an owner is in violation of
this section .
Section 1 .08 . Diseases and Insects . No Owner shall
permit any thing or condition to exist upon any property
which shall induce , breed or harbor infectious plant
diseases or noxious insects .
47c7 717
Section 1 . 09 . Drainage . There shall be no
interference with the established drainage pattern over any
property within unless approved by Declarant or unless
adequate provision is made for proper drainage conforming to
applicable city and county rules , regulations , ordinances ,
and drainage criteria . For purposes hereof , "established
drainage" is defined as the drainage which exists at the
time the overall grading of the Property is completed , or
which is shown on any plans conforming to applicable rules ,
regulations , ordinances and applicable drainage criteria .
All owners acknowledge , without limitation , that the
plat makes mention of drainageways , drainage easements and
structures . Declarant shall not have any duty or
responsibility to maintain or repair said easements or
structures .
Section 1 . 10 . Modification of Exterior Wall . No
dwelling unit owner , other than Declarant , shall alter or
modify the exterior wall of a dwelling unit by cutting any
opening in or placing any window of any kind in said
exterior wall if the wall is less than three and one-half
feet (3-1/2 ' ) from the Owner ' s property line .
Section 1 . 11 . Utility Easements . There is hereby
created a blanket easement upon , across , over and under the
Property for ingress , egress , installation , replacing ,
repairing and maintaining all utility and service lines and
systems , including but not limited to water , sewers , gas ,
telephones , electricity, television cable or communication
lines and systems , etc . By virtue of this easement , it
shall be expressly permissible for the providing utility or
service company to install and maintain facilities and
equipment on the Property and to affix and maintain wires ,
circuits and conduits on , in , and under the roofs and
exterior walls of dwelling units . Notwithstanding anything
to the contrary contained in this section , no sewers ,
electrical lines , water lines , or other utilities or service
lines may be installed or relocated on the Property except
as initially designed and installed or thereafter approved
either by Declarant or by the Architectural Committee as
provided herein . This easement shall in no way affect any
other recorded easements on the Property . In no event shall
any portion of the above-mentioned easements for utilities
be construed to authorize the placing or installing of
sewers , electrical lines , water lines and other utilities
under any permanent building structure constructed on the
Property . There shall be an access easement for the
delivery and collection of the U. S . Mail .
Section 1 . 12 . Utilities . All utilities shall be
underground , except as approved by Declarant .
Section 1 . 13 . Electrical Service and Telephone Lines .
All electrical service and telephone lines shall be placed
underground and no outside electrical lines shall be placed
overhead ; provided , however , that if the provisions hereof
are waived by the Declarant , it shall not be prohibited from
erecting temporary power or telephone structures incident to
9787 71R
construction; and further provided , however , that one such
waiver shall not constitute a waiver as to other Lots or
lines .
Section 1 . 14 . Mailboxes . If Declarant has provided
uniform mailbox designs in the course of original
construction , then such designs , colors , lettering , and
other features shall be maintained by each owner at all
times .
Section 1 . 15 . Temporary Structures . Except as
hereinafter provided , no structure of a temporary character ,
including but not limited to a House trailer , tent , shack,
garage , or outbuilding shall be placed or erected upon any
Lot , and no residence placed or erected upon any Lot shall
be occupied in any manner at any time prior to its being
full completed , nor shall any residence when completed be in
any manner occupied until made to comply with all
requirements , conditions , and restrictions herein set forth ;
provided , however , that during the actual construction or
alteration of a structure on any Lot , necessary temporary
structures for storage of materials may be erected and
maintained by the person doing such work . The work of
constructing , altering , or remodeling any structure on any
part of any Lot , once commenced , shall be prosecuted
diligently from the commencement thereof until the
completion thereof . The provisions of this section shall
not apply to the Declarants .
Section 1 . 16 . Lots to be Maintained . Each Lot shall
at all times be kept by the owner in a clean , sightly , and
wholesome condition . No trash , litter , junk , boxes ,
containers , bottles , cans , implements , machinery , lumber , or
other building materials shall be permitted to remain
exposed upon any Lot so that the same are visible from any
neighboring Lot or street , except as necessary during the
period of construction . Following the original construction
of each unit all Lots shall be kept free of weeds . All units
are to have street lights located in their front yards and
are to be maintained by owners , with photo cell switches and
low wattage amber bulbs . Following the original
construction , Sidewalks are to be maintained an or repaired
by each property owner .
Section 1 . 17 . Lots Not to be Subdivided . No Lot
shall be subdivided or resubdivided , except by Declarant , or
except for the purpose of combining portions of a Lot with
an adjoining Lot , provided that no additional building site
is created thereby .
Section 1 . 18 . No Noxious or Offensive Activity. No
noxious or offensive activity shall be carried on upon any
Lot nor shall anything be done or placed on any Lot which is
or may become a nuisance or cause embarrassment ,
disturbance , or annoyance to others .
Section 1 . 19 No Hazardous Activities . No activities
shall be conducted on the Properties and no improvements
constructed on the Properties which are or might be unsafe
or hazardous to any person or property . Without limiting
a7A7 7E4
the generality of the foregoing , no firearms shall be
discharged upon the Properties and no open fires shall be
lighted or permitted on the Properties , except in a
contained barbecue unit while attended and in use for
cooking purposes or within a safe and well-designed interior
fireplace or firepit .
Section 1 . 20 . No Annoying Light . Sounds , or Odors . No
light shall be emitted from any Lot which is unreasonable
bright or causes unreasonable glare ; no sound shall be
emitted on any Lot which is unreasonable loud or annoying ;
and no odor shall be emitted on any Lot which is noxious or
offensive to others .
Section 1 . 21 . Tanks . No tanks of any kind , either
elevated or buried , shall be erected , placed or permitted
upon any Lot .
Section 1 . 22 . Signs . No billboards or advertising
signs of any character shall be erected , placed , permitted
or maintained on any Lot or improvement thereon of this
subdivision , except that in the course of selling a dwelling
unit , one sign not to exceed five square feet in size shall
be permitted in the front yard area of a Lot . The Declarant
is exempt from the provisions of this section .
Section 1 . 23 . Derricks , Boring . Etc . No derrick or
other structure designed for use in boring for oil or
natural gas shall be erected , placed or permitted upon any
part of said Property, nor shall any oil , natural gas ,
petroleum, asphaltum or hydrocarbon products or minerals of
any kind be produced or extracted therefrom.
Section 1 . 24 . Roof Top Heating and Air-conditioning
Units . Without the prior written approval of Declarant , no
heating or air-conditioning units shall be installed on the
roof of any building or improvement . No window air-
conditions or portable units of any kind shall be installed
in any buildings .
Section 1 . 25 . Antennae and Other Exterior Equipment .
Without the prior written approval of Declarant or the
Architectural Committee as provided herein , no exterior
television , radio CB or other antennae or satellite dish of
any sort shall be placed , allowed or maintained upon any
building or improvement . If approval is given, then
reasonable screening may be required .
Section 1 , 27 . Drainage Plan . All improvement work
shall be consistent and compatible with the drainage plan
for the Property . Conformance with the drainage plan may
require acceptance of the flow of water from another Lot .
Section 1 . 28 . Exemption of Developer . Nothing in
these restrictions shall limit the right of Declarant to
complete excavation , grading , and construction of
improvements to any property owned by Declarant , or to alter
the foregoing , including alterations of design or materials
or both, or to construct such additional improvements as
Declarant deems advisable in the course of development so
long as any Lot or dwelling unit therein remains unsold . or
to use any structure as a model home or real estate sales or
97R7 7 2 n
leasing office . The rights of Declarant hereunder or
elsewhere in these restrictions may be assigned , and the
term "Declarant" shall include persons or entities to who
Declarant has assigned its rights .
ARTICLE II
OWNERS ' PERMITTED USES . RESTRICTIONS
AND RIGHTS OF DWELLING
UNITS AND LOTS
Section 2 . 01 . Private Residential Purposes . Lots and
the dwelling units thereon shall be occupied and used by the
respective Owners solely for private residential use of
Owner , his family , tenants and social guests and for no
other purpose . No gainful occupation , profession , trade , or
nonresidential use shall be conducted on any such property,
except that Developer may maintain sales , administrative ,
and construction offices and model homes and parking areas
on the Property, as well as advertising signs and
billboards . Home occupations shall be permitted as provided
below.
An Owner or occupant residing in a dwelling unit may
conduct a "Home Occupation" solely within the private
confines of a dwelling unit so long as : a) the existence or
operation of the business activity is not apparent from the
outside of the dwelling unit indicating the conduct of
business is detectable ; b) the business activity conforms to
all zoning requirements for the Property; c) the business
activity does not involve frequent or annoying traffic by
persons coming on the Property who do not reside in the
Property or door-to-door solicitation of residents of the
Property ; and d) the business activity is consistent with
the residential character of the Property and does not
constitute a nuisance or hazardous or offensive use , nor
threaten the security or safety of other residents of the
Property .
No Home Occupation may involve heavy equipment or
machinery, manufacturing , drilling, burning or conversion or
any garage or carport into a business office or room.
"Home Occupation" as permitted by this Section means
private consultation and advice in trades and professions ,
and the sales or creation of art work, small wares and
miscellaneous goods at a retail level , and includes
consultation by professionals such as accountants , lawyers ,
and doctors , but no portion of the Property nor any dwelling
47A7 79 l
unit shall be used for the full-time general practice of any
profession , nor as a lodge , regular club meeting place ,
religious institution , revivalist , cult or sect meeting
place , nor may the interior of any dwelling unit be used for
medical or surgical treatment or procedures .
No business conducted upon the Property or in any
dwelling unit by persons other than the Declarant or its
successors and assigns , may result in any change to the
exterior appearance of any dwelling unit or lot , and no
business conducted , except by the Declarant , shall involve
signs , buildings , or structures in addition to the dwelling
unit .
Section 2 . 02 . Renting . An Owner shall have the right
to lease or rent his dwelling unit ; provided , however , that
any lease agreement , verbal or written , with a tenant or
lessee shall provide that any such tenant or lessee shall
abide by the provisions of this Declaration .
Section 2 . 03 . Common Walls . The rights and duties of
the owners with respect to common walls shall be as follows ;
A . Each wall , including patio walls , which is
constructed as part of the original construction of the
dwelling unit , any part of which is placed on the dividing
line between separate dwelling units , shall constitute a
common wall .
With respect to any such wall , each of the adjoining
owners shall assume the burden and be entitled to the
benefits recited in this section , and to the extent it is
consistent with this section , the general rules of law
regarding common walls shall be applied .
B . The owners of contiguous dwelling units who have a
common wall shall have reciprocal easements for support and
an equal right to use such provided that such use by one
owner does not interfere with the use and enjoyment of same
by the other owner .
C . Unless other provisions of this section are
applicable , the costs of reasonable repair and maintenance
of a common wall shall be shared equally by the owners who
make use of the common wall .
D . In the event any common wall is damaged or
destroyed though the act of one adjoining owner , or any of
his guests or agents or members of his family (whether or
not such act is negligent or otherwise culpable) so as to
deprive the other owner of the full use and enjoyment as
such wall , then the first of such owners shall forthwith
proceed to rebuild and repair the same to as good condition
as formerly without cost to the other owner .
E . In the event any common wall is damaged or
destroyed by some cause other than the act of one of the
adjoining owners , his agents , guests or family ( including
ordinary wear and tear and deterioration from lapse of
time ) , then in such event , both such adjoining owners shall
proceed forthwith to rebuild or repair the same to as good
condition as formerly at their joint and equal expense .
97R7 727
F . Notwithstanding anything to the contrary herein
contained , there shall be no impairment of the structural
integrity of any common wall without the prior consent of
either the Declarant or the other adjacent owner . In
addition to meeting the other requirements of these
restrictions and of any building code or similar regulation
or ordinances , any owner proposing to modify, make additions
to or rebuild his dwelling unit in any manner which requires
the extension or other alteration of any common wall shall
first obtain the written consent of the Declarant or its
successors , who shall determine the adjoining owner ' s
preference concerning the proposed modification , extension
or alteration of the common wall prior to giving any written
consent thereto .
G . In the event of a dispute between the adjacent
owners , other than Declarant , with respect to the sharing of
cost thereof , upon written request of one of such owners ,
the matter shall be heard and determined by an independent
arbitrator whose judgment shall be final and binding .
Declarant shall in no case be required to arbitrate such
disputes .
Section 2 . 04 . Easement for Encroachments . Each Lot
shall be subject to an easement for encroachments created by
construction , settling and overhangs , as designed or
constructed by the Developer . A valid easement for said
encroachments and for the maintenance of same , so long as it
stands , shall and does exist . In the event dwelling units
are partially or totally destroyed , and then rebuilt , the
owners agree that minor encroachments of parts of the
adjacent dwelling units due to construction shall be
permitted and that a valid easement for said encroachment
and the maintenance thereof shall exist .
Section 2 . 05 . Architectural Control . Following the
original construction and build-out of the Property by
Declarant or Developer , no building, fence , wall , or other
structure , and no landscaping shall be commenced , erected or
maintained upon a Lot , nor shall any exterior addition to ,
or change in , or alteration of a dwelling unit or the
exterior color scheme , roof or finish thereof be made until
plans and specifications showing the nature , kind , shape ,
height , material , and location of the same , or the nature
and type of any landscaping , shall have been submitted to
and approved in writing as to harmony of external design and
location in relation to surrounding structures and
topography by Declarant or the Architectural Committee as
provided in Section 3 . 02 hereof .
In the event that any improvements , structures , or
landscaping (collectively "improvements ") do not conform to
the plans submitted to and approved by Declarant or the
Architectural Committee , the Declarant or the Architectural
Committee shall give written notice to the owner of the
property upon which such improvements have been made . Such
notice shall specify the nature of the non-conformity .
Q 7 A 7 77 'I
If Owner has not , within 60 days of the mailing or
delivery of the written notice , corrected the non-
conformity , then Declarant or the Architectural Committee
shall have the right and an easement to direct its agents ,
employees or contractors to enter upon the said Owner ' s
property for the purpose of making any or all of such
improvements , alterations , or repairs as are necessary to
bring the Owner ' s improvements into conformity with the
plans submitted to and approved by Declarant or the
Architectural Committee .
All costs incurred by Declarant or the Architectural
Committee to bring non-conforming improvements into
conformity with the approved plans , including costs of
labor , materials and all associated administrative costs
reasonably incurred in connection therewith , shall be added
to and become a debt and liability of the non-complying
Owner , immediately due and payable together with ten percent
interest per annum .
Improvements constructed or to be constructed by
Declarant do not require architectural approval or other
approval whatsoever .
Section 2 . 06 . Parking . Declarant , its successors and
assigns acknowledge , without limitation , that the Plat
contains a restriction that none of the parking areas within
the Properties or on the Lots , will be changed or eliminated
unless it demonstrated to the satisfaction Pima County that
sufficient on-site parking exists .
ARTICLE III
MISCELLANEOUS
SECTION 3 . 01 . DURATION . This Declaration shall endure
for 20 years after recordation hereof (base period) , and
shall be renewed or extended automatically thereafter for
successive period of 10 years each, unless upon the vote or
written approval of a majority of the owners of Lots after
the nineteenth year of the base period , or before the end of
any extension period, it is determined to allow this
Declaration to expire .
Section 3 . 02 . Enforcement . The provisions hereof run
with the land and may be enforced by Declarant or by the
owner ' s association .
Section 3 . 03 . Amendment , Declarant shall have the
right to amend this Declaration so long as it owns a single
Lot in the Property , and such amendment shall not require
the approval of any other person or entity . Such amendment
shall be effective upon recordation of an instrument
executed by Declarant and purporting to amend the provisions
hereof . After Declarant no longer owns any Lot , amendments
may be made with the written consent of at least fifty-one
percent of the owners of the Lots .
Amendments made by Declarant need not apply uniformly
to all Lots .
47c7 : '79ii
Bowers Properties, an Arizona
General Partnership
%rd H. Bowel`s Jr. General Partner
Dated : 3 sq
Lawyers Title of Arizona , Inc . *
, as Trustee under Trust No .
7749-T, and not otherwise
*an A ri ona Corporati ►
By By -.64ihrLIIIMS100
l
Its Its r_.
State of Arizona ]
] SS .
County of Pima ]
„�,� This instrument was ac w knole ged before me this
Sday L of rch, 1994 , ByKAYLVCC�� � the
71-LIA:5-1r O e_G('of Lawye Title of Arizona , Inc . , as
Trustee under Trust No . 77 9- and n ( other wise .
cat ck
i4)PL—J-
Notary Public
My Commission Expires :
5- N-97
' L66I soJIdx3 •wwo0 Aw
AiN(103 Mid
euozIJV • ougnd Aae4oN
STATE OF ARIZONA ] )1018 1118 118dd ':- `�:
] s s . 1V3s 1V:awo ,
COUNTY OF PIMA ]
This instrument was acknowledged before me this
day of y;r c i , by jr , a
General Partner of Bowers Properties , and Arizona General
Partnership .
Notary Public
My Commission Expires :
: /C/,IL SEAL
f S q( ) , SHEI LA LARKIN
• NOTAROFFY PUBLIC-ARIZONA
�,ti PIMA COUNTY
My Comm. Expires Apr. 15. 1998
47R7 79
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