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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 et ., . .,,,i.,) „ .74_&,, i it ii i 1'! :i').' ; I .1. ,...., . . . y • , .; , .. , ::Nif•• is.0 ). 1-11 ii .- -"I . .. . • . . . ...) 1... OL. L..16 ii)i i 1-41..ki W E.; L. i- ...) CONVERSION FEE i ivo4i-:' I) 4+,:i P PAGE'S , 0. 00 0 AFT I DAV II L. 00 E1-4C1-1 . 00 fg0 COP I Ez..i I. 00 EACH . 00 1-51' ' 0 POS1 AGE I. 00 EALH . 00 ._................__...... TO fAL 3 at). 0 v AM(JUNI. 1-44 1 D I. c.'_0. 00 ittiOUNI DUE 3 . ov :...7)1iLii)i v i:.:-.;I ON ivii:41' ‘-liviOUN I OVER 3 . ov 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->- , kxEN; Alp 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. • b/Ven) 5 LA.040111 S CerY10 • expose,ki a-reot e-e- 144145 ciae_6t 5e61or roc rip rar c 5 fr1iTh . • • �=O�G BT e d E;;.-ornd r� � F -PrtTvr DP J rnuk.s- prb e recoil Syr e-'tdavfr trx 10a-PY.:( reA e b ra4.1 • 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 . . . . . . .. . . . . . • - • • • . • , .• • • , • •41::•.:**.i • .., ' *-. .•.• '.... .: c''.•:'-' . .- , • : Exhibit "A" 414,..,W. • : .• ...?.:.4.; • • • . .. . J . .••:. • . , . 2...:4*: • . .: • . . . . , . . . . . • • . - . . :••4....,... • . . . .. , . ' • .. •1%•.•, • •• • . . • :. ::•• •LEGAL DESCiritPTION • . .. :.5..z.;;.•: .:.. . . .:: • :••••-:' • .. : • . . .. .. .::t . • • .. . • . . . .. . ;"4.:1:::. ::: • .- AULTRAT:::PAi3T ••OR THE 20,1J.Ti42A•atQ,UAETER OF THE NORTHWEST QUARTER• • .::., ...!..-tA7% . .. .... ' ("..) :::tdils.ION• 2.5„YTOWNSHIP 1 -S..01.1tH OP RANGE 13 EAST, GILA AND SALT • ':: : RIVIM.'BASE &ND MERIDIAN,:e.1...7ACOUNTY , ARIZONA, oEscRia-ep AS : :;::2;•••• . • .: . , V ir.? •: . FOLLOWS „ . .• . ,„ ;";i%'.. .: : : •:; : . . . • - :•.,:_-,: , .... . • .• ...••• . .. : . . . • - . . --- , ::.:,•,-;•;•:.:: • •;. ' . .. . . . 1AO/Np• AT. :.THE• SOUTHEAST ,CORNER OF SAID SOUTHEAST QUARTER. OF • • “:1:, . '. :., 7 1(141::••7•FIOSTR"WBST'.QUARTER ; . : ••: :.. 'Y •, : . .,., ,• .....,. . . • • •..:::. , • • . .. .. .. ., :. •, •:. . ........ ... •, • ...•.• . . • ,!,. THENCE . NORTH 89 DEORE2.3 •52 HXNUTES 48 SECONDS WEST, ALONG THE 4t7021-fIr.t-te TktIREOF, 700.,AFEET:,,. MORE OR LESS, TO THE . • •-: :.: ;.:••. • .SCUTHRASTERLY . RIGFIT OR WAY. OF. .TUCSON-FLORENCE HIGHWAY , BENO .. . • . ...:;•;•:.•-.. . : . _ .. STATZ.',OFARIZONA HIGHWATPT.th:TICT S- 111 ; , .. .. •••••• • ... .• • • - ' : -.. 1.i.:. .. . . : T716.N.C .. R71.1. 19 DEGREES 45....MINUTES 10 SECONDS LAST, ALONG SAI: • SOUTHEASTERLY RIGHT OF WAY,- ••700 FEET • . , :'?.••:,..i • ... THENCE SOUTF. •70 DEGREES 14 .PagUTES 5U S2CONDS EAST 492 FEET , MORS.:...:OR 'LIZZS, TO THE EAaTI.INS- OF SAIO sour- Es-' QUARTER CP T1-. 2 '*... ' :*:".'H• : • •• ,......, • sOTHWEF,T QUART : . .:. •:- . :ti.:*•:•: ' • • .:**.:•:*...: . .. -. TR3NQIEZ SOUTRZFLY , ALONC. THE":.SAID EAST LIt'qE , TO THE SOUTHSAST C.O.EINER:; 0.i:'. SAin SOUTHEAST 'QUARTER OF THE NORTHWEST QUARTER B2ING . ..7- .,. .. . •:-....; . . .; ' • Vt.. .i0o i gr .0P 'BEGINNING . ...' • . --. ••:••,iz....-.• .,-. • : . •.... • • • - - . _ . . . . . •EXCEPTING TI-12REPSO.H. ALL THAT PART DESCRIBED AS FOLLOWS : • :•i;1...i.;.; • • •• • . ...•.: -,•::: ..; '.. • . • • • .. . , • - •:•4"..*:. • ':-.. •E3S4311iNING •AT ••THE SOUTHEA,ST'•COP.NER . OF SAID 5OUTHF.A5.371 QUARTER OF • • - • •':•.;': . • .. . . .. . . . .. ... • . .. .7.:',...:•.. . •-. : • • .THS'NORTFWEST:.QUARTER ; :•:•'..:' • - • ,.:-.. . , • :•.1.•..,:'•• • ,• ••:••-'• . •• • ' . , ••• , ..i.•:::::•.::. • . :• . . . . . - . : TREITCE• N.ORTH 'S9 DEGREES .4P 4INUTES WEST, ALONG THE SOUTH LINE .....:• ..: Tgv,Rsop,• .700 .'7 PEST TO THS: S.03.1THEASTRRLY RIC147 OP WAY OF THE •'#1. --, „ • . , . •:: -: .i.'1.:'.?-' • i'' ' . ' T&C40144tOnlikE 1-1IGHWAY, ASEI:N-G- STATE OP ARIZONA HIGHWAY FRQJECT ••:. t-,.. . . .:; e'71.11.4.1 . ....; • :. • - -,..., .. - .•. .• • :f....-; • : •: . .. :_.: . ... . . :::- - - • •-•.. • . . .• ,...C...!• :. • THENC8. 14-011TI-Llt) DEGREES 5,4: h1xuTes EAST, ALONG SAID :, . SOUTHEASTERLY EIGHT OP WAY. '10.0 FEET TO THE TRUE POINT OF !.....:-. :" ZE.G.INNING.; - .. . .. • •.••••: • . , •, ..- ;'.... :.:. - ....., . ,... • • . .•,. ••:••••-;,•• • • - • • • .••• .•.. . . . •: : • • . -... ....... ...-.• _ . ,:-. • THEgCE' 5.0UTU; 70 DEGREE2 :0.6.:IellgUTES EAST , 491 . 5 FEET TO TKE EAST . -: .. ...?:: ..*%i..:. . LINE OP •SAID tOUTHEAST QUARTER OP THE NORTHWEST QUARTER; . . • •,... . . . -:.,;• •••?•,:•-•,-• •• • •• . %%47', • HNCE SOUTHERLY , ALONG 11-1t::SAIO SAf:3T LINE, 283 . 9 PEST ; •,• , :•:.• •. l't'. --'': • ;. • ..... . • . •••••• 7 . -. ...;:.,y. 11-14NC . 14ORTI-V70 D2CR28,3 04. SIWUTES WEST, 588 . 1 FEST TO THE SAID ...'4:,;1. • • • . SOUTHEAtTERLY:. RIGHT OF •WAYO - THE TUCON-FLORENC8 1-11ai-f1dA'Y : .... : . „ Continued on next ,,..,;-. • • . , . •:•i'.•:.... . • • • . . . • •. : -1:.... • • . • , • - . . . ,•.. •:•,....:: .. . • -. . • • - . . . • '. ..;:. . :. •:..::• • - . : . . . :t.:.,::':, : ••• ... ....... • . • . •,,..... ••,. . . . . • • . ... .. • ..... • .... - .. ....:*.b. . . .. . . . . . . •,•-• . .,.... .. .: -..:•,•• : : . . • • :. •.' ''•*:•':.:.:•••:*:•.:. . .•- ,.:••:4;:i.:::. :•• •.:; .. . ;..,•••::::. -,:,: . :.:.•:. •.: .. ..:, . -...:), . .-• ,!..:, • • • •• .. '''''''.- • '• • Q 7 Q 7 . .:.... .:.2 ---h•-t') C .:•:.:;.-;: ..." . ... .. ... , . . :. • • • _ /. ••Vt t• j • t•1. 3 . . Aft", ' THEKCE' NOPTf: ..i 5 DECF�SE S 54:. MtNtJ7•E5 EA`T, ALGNC SAID ' ):•t• '~' • _ • • SOUTHEAST2RtY RIGHT OF WAY; .2fi7 PEE:' TO THE TRUE POINT OP •: .':,,,i.ziz:..• •-:..........• - • .B ec..;.A:i.ti. .p.ip . : . . . ;::... ,,,... ito..5.4,7 ....,,-- . . .:...;. . , ..- •tip.,l,� . . • ,_,..•• •• � •'=.•• • ' ' EXC PT ALL COAL AND O•rcIER : ,I,} AL S A5 RE SERVED IN THE PATENT T. 'Li '• • : • : . '* -'PROM :TRS: °U}lI'.t'ED S TAT E3 OF=;... .ERICA l'1••1 t • • .. ri• .• �:, • - • -•• 1 , fit:{•• - .. - • • • ; ;i2 • _,••! { • • i 9 t 2..• ,• 1.• • r .• •• !• .. • :. • •c:L• j 1 s ti .. . •: t, • y• i`� i� ' • �.:o• •...•.;'....-,•:.:-:_ • = . •• . . . .> . » . : : _ •.. 9787 ...72-::.