Gordon B. Hunt, Esq. Biskind, Hunt & Taylor, P.L,C. 11201 North Taturn Blvd., Suitc 330

4FFICIAL RECORD$ O F M A R I C O P A COUNTY R E C O R D E R

HELEN PURCELL 2002-09946918 0 9 / 2 6 / 0 2 17 ;OO

S U P P L E ~ ~ A L DECLARATION OF COVENANTS, C0NL)ITIONS AND RESTRICTIONS

FOR DC RANCH PARCEL G.2/G.4 AND SUPPLEMENT TO THE COVENANT

This Supplcmcntal Declaration of Covenants, Conditions and Restrictions for DC Ranch Parcel G.2tG.4 and Supplement to Covenant ("Snpplcmental Doclaratlon") is made cffcctivc this & day of Scptcmbcr, 2002, by DC RANCH L.L.C., an limited liability mmpmy (Wcclaran t"),

A. Dcclarant is the d~vclopcr of the mostcr plnnncd community lacatd in the city of Scottsdale, MarLrlcapa County. Arizona, commonly known as DC Ranch (the "Dcvclopment"); md

R. Declmant cxccutcd thc DC Rmch Community Council Amended and Rcstatcd Declarziriun uf Covenants and Easerncnts and rccordcd soid document in tho official records of Mzuicoyn County, Arizona on July 16, 1999, as Ducutnent No. 99-0673268 (the uCouacil Declaration"); and

C . Declnrint cxxccuted tbc Amended and Restatcd Dcclmtion o f Covcnauts, Conditions and R~strictiofls for the b c h and ~cordcd said document in thc official rmrcls nf Maricop County, Ariwna on July 16. 1999, as Document Na. 99-0675267 (the ''Ranch Declaration"); and

D. Ocelarant cxccutcd The Covenant at DC Kanch and recorded said do~unltnt in thc official records of Mmicdpa County, Arizona on December 13, 1996, as Document No. 96- 0868789, and re+recorded said document on May 5, 1997. as Document No. 974298843, nnd amended said document pursuant to thc F k t Amendment to The Covenant at DC Ranch, mwrdcd on July 16,1999 as Document Nn. 99-0673266 (a amcndad, the 'Tovcnant'~; and

F.. The Council Declara~ion and the Ranch Declaration cach contemplates that supplemental dcclnrations for parcels lacated within the Dcvclopmcnt will be oxecuted and Rccordtd periodically as thc dcvelqmwlt of thc Development pmcwds; and

F. The Cdvcnant cotltemplatcs that additional land may be madc subj~ct to The Cavcnant in any manner, including by recordation of a Suppbmcnt to thc Cnvennnt; and

Q. D~clatant wishes to cause that podion of thc Dovelopmont describad on BxhjjW "A" attached hcrcto (tbc 'Tmct") to bccornc subject to thc Council Declaration, the h n c h -

', - q Lleclaration and the Covenant, and to bc developed in accordance with certain supplcm~fltal $ * covenants, conditions and restrictions as set fofih hcrdn. < s r

(2 - I1 NOW, THERFJORE, Dwlarant hcreby declares that the Tract shall bc held, sold and r; c;

conveyed subject to the following restrictions, covenants, conditions, terms and provisions:

1. Au~cxrrtlon. Pursuant to Section 15.2 of the Council Declaration, Section 9.1 of the Ranch Duclaration, and Section 2.1 of thc Covcnmt, Dcclarmt hcrcby dcclwus that the Tract is and shall be subject to the terms and provisions of the Council Dcclmtion, thc Ranch Dcclaratioa and the Covenant, raspcctivcly.

2. Land U s ~ ~ , , . , C I a ~ l f l ~ u t i ~ n . The Land Use Classificlrtion (ns such tam is usod in Exhibit "C" to the Council Declaration and Exhibit "D" tu the Ranch Declaration) for thc real property within thc 'l'raet shall bc singlefamily residential, and construction on such real property shall bc limited to singlc-family dwcslling units, including attachcd single-family dwelling uaits on tho Attached [as ddcfmed in below), and related common elements. Notwithstanding the hr8gQin$, howevcr,' Dcclarant reserves to itsolf, and irs 6ucccssorS a d a&~Zgns (including without limitation my homtbuiXdor in whosc favor Decfamnt exc~utr;a, acknowledges nnd records un nssignmmt of rights), the right to conswuct and install wihin the Tract a salus mter {and related puking a w s and tcmpor;rry acccss mas) and one or morc ttanlpbtary salas frailen, hmporary cuastruction trailers. modcl. homes (and reletcd parking mu), and other improvements used in connection with thc construction and saIo of sin& L'axnily dwellings within the Tract and to use portions of the Tract for materials storago in connection with the canstruction und sale of single-family dwellings within tllc Tract; providcd tkat all such improvement$ (with thc exception of tho salts ccntcr) and mnttrinls shall bc rcrnoved from tho Tract (or, in the casc of a model home, canvtrtcd to a single family dweIliny unit) promptly aller the completion o f all applicable curuitxuctiun ernd salc activity,

3. Cnlcul~tion of Unlts, ' 1 % ~ Tract has been subdivided into My-one (51) residential lots [collectively, the "Lots", md each, individually, n "Lot") pursumt to the subdivision plat ffor the Tract nicwrdcd of cvtn d a t ~ h~rowifh in tho oiXcial records of Mimicop County, Arizona (the "Plat''). Accordingly, for purposes of Exhibit "C" to the Council Dcclaatian and Exhibit "D'' to the Runch Declaration, there shall bc fiftysno (51) Units in thc Tract. If Dcetarant duly amends the Plat, such that tl~c number of Lots in the Tract is grc~ter or less than fifly-onc (511, thon Dcclarant may, without abtnining the consant of any owner of any such lot Or any portion of the Tmct, ?cud this Supplemental Doclarotion to cotrtctly 6poc;ify the total number of Lots within the Tract.

a. Nci~hhrhood Asscssmeuts for Plarkniaa Unit VJ, The b t s , qcthcr with ccttain othtr prqtdy within the Developmcnt located east of Thompson Pcak Parkway md accessed from Thompson Pcak Parkway by private strccts, have bccn or will be designntd by tho R m h Association as a Neighborhood (rtfcrrd to in this inshrument as the "Planning Unit V1 Nci~hborho~") , md will be subject to nnc or more Neighborhood Assussments lcvicd by the Ranch Association with rcspcct to ccrtain relevant Neighborhood Expenses, including

mvelope an the Lat, the lwt ion and dimensions of which shall be subject to Covenant Commission rcvicw and appnrvd, (b) ntl comtruction activities on each NOS Lot shall conIbrm to the rcquircments pertaining to such cona-truction tnvctopcs set forth in the wn~tluction guidetinos &loptod by the Covmmt Commission, (c) the ownw of oach NOS Lot shall grant to the Cbvtnant Commissior~ an eascmcnr fcvr preservation of mturnl open quo (using a form approved by t h ~ Cavenmt Commission) over all mas within t h ~ Lot and outside of such construction envebpc, and (d) no construction of any impmvomtnts shtlll be pannitted in any such NCIL~.

C. Gcncm1 Lot Mnintcnangc Re,q~remonts. The bt oWN3 &hall be responsible for maintcwnct of all irnprovcrnants, lunitscaping and natural open space arcav (if any) within the Lot in accmdance with the Community-Wide Standard applicable to thc Deuekpment, all other rcquiremants of the Governing Documents, and all othar standards imposed by applicable law; provided thot D c c h t hueby resmcs to itsclf and thc Community Council and the h c h Association (or thc agcnt or contractor of any of them) the right to entcr upon such areas to perform such maintenance if the h t owncr faits to do so.

8. A& t i o d Jht Maint.mmce Ptauirernq@s for, J0.S De~lwant hereby reserves to imlf and its suc~cssors and assigm, and hmby grn~lts to tho Community Council and its successors and assigns, and ro thc owner of the privale golf course locatcd adjacent to the Tract (the "Golf Course"), an easement over that area (iht "Lot 'Trrnrition Area") within each NOS h t that lics bctwecn the boundary of the Golf Courso and thc lot pctimeter wall lac~tcd an such NOS Lot (the ''Lot Perimeter Wall"), for I ) U T ~ ~ S ~ S dacccss over, upon and across such LOt Tramition Arta as reasonably noccssary to impact and maintain s u ~ h Lot Transition Arch and to inspect, rnnintain and rcpair the exterior of such Lot Pcrimetcr WaIl. in accordwcc: with the Cammuni@-Wide Stnndard applicable to thc Devclopmtnt, all othcr mquiremcnts of thc Gavcming Documents, ,md all ortm standards imposcd by opplicablc law, if such Lot owner faik to do 30.

C. -on on NOS JJ&. Dwlarant reservcs to itself and its suc:ctsson md ~ q s i ~ an cascmcnt over, upon and m s s dlosc portions af the NOS Lots on which the natuml vagetation is disturbed by thc cowtnrction or installation of s h o t improvements or othcr infrmtmcture improvements, fw purposes of acccss as may be namssaty (a) to rovcgttat~ such areas with nativc plants in accordance with tkc Iinvironmental Design Study for DC Ranch Planning Units ILI, V & VI, approved by the City of Scortsdalc in Zoning Case No, 54-ZN-83K2, (b) for purposw of installing, ~ ~ m t n l ~ t i n g , maintaining, rqlecing and xcpaiting auch irription cpntmllers, backflow pmention dcuiws, water lincs, irrigation lines and othcr faditits, ns nccded in cunncctim with such revagetation, and (c) to maintain all rcvegetatcd plants;, to the extent, if any, Dcclarmt deems such rnaintenmw appropriate in connection with such mcgctation.

a. M. Any area that is locatd within a privata s t x ~ t tract as shown on the Plat but outsidc of the pxivatc street improvcmcnts built within such private street tract, including any liindsciping improvcmcnts locatd in such area (a "Streetscapo Area"), shall be

4 . i

maintained by the owner of tho adjaccnt Lot or town arm (as applicable) in accordance 2; with the Community-Widc Standard applicnbk to the Development, all other requireme& of thc 'L

w h

Governing Documents, and all othar standards imposed by applicable law. excqt that tha Street <r 53 *.l

Trcas (as defined in Parapa~h 7(bJ bclow) and sidowalh running paralldl to adjacent ~tmcts s c shall be maintained by the Ranch Association. Tho determination rrs to whia Lot or c o m n area tract is adjaccnt to a particulm Strccts~apc Aton shall bo made by reference to the prolongation of thc rclovmt Lot boundaries andor common area tract boundaries. If a Lot owner shall fail to mect its mainrcnaoce obligations under this =dnh 7, the Rmch Association shall have thc right to pcrfonn such rnaintenancc an behalf of such owner and to cnter upon such owner's Lot to ttae extcnt reasonably necessary do so.

b. Stmat Trew. DecIarant intends to install (or to cause Buildem or other third parties to install) tmx and irrigation facilities scrving such trees in the nreaa lwatcd betwecn the out~ide d g e of the private strcct impmvemtnts and the sidcwalka located along the perimeter of the Lots. Some of such t . and fmilitics may bc within tho boundmias of the Lots and same may bc in the adjacent Streawcqe Arcas. Notwithstanding anything to thc conimy in this Suppiemantaf Declaration, Dectarnnt shall maintain all such tncs (the "Strtct Txaw'7 until such time as the Ranch Asswiation assumes responsibility f ir their rnaintenoncx in accordance with applicable suMivision ldscape t m v w procascs. So long as D t c l m t is respmible to ptrfonn such maintenance, Dccl;rrant shall pay for all costa incurred in conntciiurl with such maintenance; once thc Rmnch Association nssumes responsibility lor such, maintcnancc, the Ranch Association shall pay such costs, which it shall rwvcr through o Neighborhood Asabysment levied a~ainst all Lots in Thc Parks.

8. ,Boun.d~r~ Walk-a,ud Cqmrnon Yard Walk. For purposcs of this Supplmantal. Ueclaration. the tcrm "Boundary Wall" shall mcm a landscape wall conskuctd on, or immediatdy ndjaccnt to, the cornllron boundary of an Arca of Common Raponsibility and a Lot, aad the tcm "Common Yard Wall" shall mcan a lnndscapc wall constructed on, or imrncdiatcly adjxcnt to, thc common boundary of two hl$. Thc rights and duties of Lul owncrs md the Kawh Associatian with respect to Boundary Walls md Common Yard Walls shall be as follows:

a. The Ranch Association and the Lot owner who have a Boundary Wall an or adjaccnt to their common bounday shall both q u a y havc tbu right to use such Domduy Wall, prwidcd that such usc by one such party dom mt interfere with the use luad mIj~yitI~d of such bundary Wall by the othw, and two Lot owners who have a Common Yard Wall on or adjacent to their common boundary shall both equally have tho right to rrsc such Common YBrd Wall, provided that swh usc by one such purty docs not intcrfcre with tba use and tmjoyment of such Common Yard Wall by the o t k .

b. If uny Boundary Wall or C o n m n Yard Wall is damaged or dsaWyad through the act of an adjacent h t owncr or my of such owner's tenants. invitees, agents, contractors, gue&i or family rnernbcrs {whcthcr or not such act i s negligent or otherwise culp;lblc), it shall bc rhc obligation of such Lat owner to rebuild and repair the Boundary Wall or Copmon Yard Wall (including restoration of any affected lmdscaping) withoui cost to thc Rmch Assacintion or thc other ht owncr (as applicable) provided that any liability imposed on

a ht owner hereunder nhall not limit or prejudice the right o l the h t owncr to pursue any availsrble legal remedies against tho penon{s) causing such damage or dcstructian,

c. If any Boundat), Wall or Common Yard Wall is damaged or destroyed through the xt of the Ranch Association or any of its agents or contra~tors (whothcr or not such act is negligent or ~thmvim culpable), it shall be the obligation of the Ranch Association lo rebuild and rcpair the Boundary Wall or Common Yard Wall (including restoration o f any nffcctcd landscaping) without cost to the ndjrcent Lot c w n ~ s ) pmvidcd that any liability impossd on the Rarkch Association kereundcr shall not limit or prejudice the right of Iho Ranch Association to pursue any availablc Icgd medies ng;linst tho pcrson(s) causing such damage or destruction.

d. If my Boundary Wall or Common Yard Wall is destroyed or damagd (including by deterioration from ordinary wear and tear), other than by thc act of an adjacent Lot owmr or any of such o m d ~ tenanfs. invitmu, wonts. contractors, guests or family mcmbm, it shall be the joint obligation of the Lot owner and thc Ranch Association (in thc w e of n Boundary Wall), or the two ht owners (in the case of a Common Yard Wall), to rebuild and repair such wall to its p w i s r i n g condition (~ncluding restcrrtion of any affected landscaping) at thcir joint mpense, such axpcnsc to be dividcd equally bctwcm thcrn; provided. howwcr. that if such h a g o or destruction is limited to the surface of a Boundary Wall or Common Yard Wall, then thc obligation to repair such damage or dcstructioxr shall be tho solc responsibility of the O w n u o f the adjacent property toward which such surface faces, at such owncr's solc expcnse.

c. In connection with my rebuilding or rcpair of a Boundnry Wall or Common Wall in accordance with this &ma~]h 8, each adjacent h t owncr shall have the right to enter upon the other adjacent Lot as may be reasonably necessary in ordcr to carry out S U G ~ rebuilding or rcpit (including rcstorrrtion of any affectad landscaping).

f, Notwithstanding mything to the contrary herein cantnincd, there zhnll be no modification of m y Roudsry Wall or impairment of thc structural integrity of any Boundary Wall without the prior conscnt of f h ~ f inch Association and thc Covmant Commission, and there shall be no modification of any Common Ywd Wid1 or impairment of the str\lctud integrity of my Common Yard Wall without tho prior c o m t of the ownut.; of both adjacent Lots and thc Covenant Commission.

g. Anything in tho foxgving to thc wntrary notwithstanding, the Ranch &saci&m shall have no rtsponsibility for the maintenance, repnir or repbcemcat of my Boundary Wall pursuant to this unleg~ and until it has inspected and qpravcd the construction of such Boundary Wall and accepted in writing maintcnanco responsibility (to the extant prouidcd herein) for such Boundary Wall, in ncco&nw with applicable Ranch Association tum~vm processw.

h. If a Lot owner shalI fail to meet its maintenance or q a i r obljgations undcr this P arapwh 8, the Ranch Association shall haw the right to perform such maintenance

or -air on behalf of such owner wd to enter upon such owner's Lot to tha nrtcnt r~aaowbly necessary do m.

I. The right of any Lot ownw to contribution from the Ranch Association or from any other Lot owner under this Paragranh 6 shall be appurtanant to the land and shall pas# to such Lot owna's succcsscrru-in-titfo.

9. Llehtlng, of Paths. and Trails. Dcclarant rcscrves to itself and its successors and assigns the right to install, m o v c , mainbin, replace and rcpnir lighting fixtures, ~lntd clcctrical lines and other mlatcd facilities. within the areas designatcd on thc Plat ax Tracts "'A" through "E", inclusive, "G" though 'TI", inclusive, and "L" through "R", inclusivc, md within any and all othcr mss designated on thc Plat as Trivatc Trail bscment" or "PVT.TRE.", or as "Sidewalk Easement" ar "S.W.E.", for the purpose of fncilihting pedes~an use ofprivnta paths and trails located within such tracts and other arcas. The design and location of suck fixtures, lines and related facilities shall be ns datermined by The Covenant Commission, consistent with the Silvcrlcaf- The Parh Design and Construction Manual and all othcr rul~s, S C ~ U I ~ ~ ~ O ~ S , md design stmdards md guidclines adopted by thc Covcamt Commission with raspcct to thc TrEt from timc to timo, and Tho Cbvcnant Commission shall dcttr-o from time to timt tho days and burs of the day on which such lighting fixture$ shall be opmated.

10. Restrictions Rq~ardiny 'rC:laar Zone Easement?' Arcas. The Knnch Association ad lor the Commhty Council shall havc thz right to establish, from time to time. such rules md regulations relating to tha areas designated m the Plat as Trncts "0" through "R", iadusivc, and within any and all other arcas designed on the Plat ns ''Clcnr Zono hsemcat*' or "C.Z.B.", including without limitation. rules md regulatians dating to thc circulation of traffic (including, withont limitation, one-way traffic) md refusc mlIectian within such xcm, as the Ranch Association andlor tho Community Council dccrn nixcysary or desirable in such pnrtks' sole and absolutc discretion. No parking of rnobrized vehiclcs o f any type (other than emergency or s ~ i c e vohictes operatod by or on behalf of the City of Swttdale) may be pnrkcd in my m a designatmi on the Plat ss a Clam Zone Easement,

I 1, Attached Lot:.

a. AuaIisat!pm The p r n v i ~ i ~ n ~ of this J%ramph 1 1 shall apply only to tho Lots designated as h t s 121 1 through 1216, inclusive, 1223 and 1228 on thc Plat (coIkctively, the "Attached Lots" and, each, individually, an "Attached Lot"). Tho provisions of this Pmaraph I! may bc arnendcd without the conscnt of thc owner of any Lot that is not an AtWhtd Lot.

b. Partv Wallq. With mpcct to any Party Wall (as dofincd below), thc ownca of thc rclcvant adjoining dwelling unik shall have the rights and obligations sol forth in this Baraarmh, Ulb); the h c h Associati~n shall have no responsibility wkatsotva for maintenance, repair or raplacmant of any pottion of any Pacty Wdl. To the extent not inwnsistcnt with hc provisions of this Par.agmph I lh), the g a d rub of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply to the Party Walls. For purposes of this Supplcmcntal Declaration, thc tcim "Party Wall"

3 $ means a wall that separatas thc interior of one dwollhg unit from tho intcrior of another dwcIIing $2 unit md that lies on or about the common Lot boundary bctwccn such two dwalling units. (5

.I >r t 9' r:S

(1) If any Party Wall is damaged or dcstmyd through thc act of the < i; o m c i of an adjoining dwelling unit, or any of such ownor's tenants, invitees, ugtnts, contrru;tors, guests or family rnembexs (whcthcr or m t such nct is negligent or otherwise culpable), it: shall bo thc obligation of such dwelling unit owncr to rebuild ad rcpair thc Party Wall without cost to the other dwclling unit owner; providbd that my liability .

imposed an a dwclling unit owncr hereunda shall nut limit or prejudice thc right uf thc dwelling unit owncr tb pmue any available logal remcdics against tbc person(s) causing such damage or dcslruction.

(2) If any Party Wall is destroyed or damaged (including by deterioration from ordinary wtnr and tear). othcr than by the act uf thc owner o f nn adjoining dwclling unit or my of m h owner's tenpnb, invitccs, agents, contractors, guests or family members, it shall be thc joint obiiption of the owncrs of both djoining dwelling units to rebuild md repair such Party Wall to its pm-misting condition at their joint txgcnse, such oxp~nst to bc divided cquaUy batwm them (and, in event that o m such owner fils or rcf ics so to act, tho other awnar may undertaka thc nbuilsling or repair of such P a y Wall to its prsexisting condition, and thereupon shall havc the right to obtain contribution from the owner who failed or refused to act, in the amount of onc- half of thc cost of such rcbuilding ot repair); pmvidd, however, thar if such h g e or dcstnmion i s Iimitd to thc surface of a Ynrty Wall, then tho obligation to rcpiiir such damage or dcstmction shall bc [he sole respansibility of the owner of the adjoining dwclling unit tawid which such surfxc faccs, at such owncr's sole cxpcnsc; und providcd thd utilities, conduit, facilities md appwtenmccs to the Pmy Wall sowing only one dwclliag unit shall bb maintained and rcpaircd solcly at tha ~ o s t or Ihc owncr whosc dwelling unit is scrved thcrtby, except as provided in Pmuaph 1 l (bI ) above.

(3) In connection with my rebuilding or rcpair of a Party Wall in accordance with this Parawaph 11bl, each adjncmt Lot awnar shall haw tho riat to cnta upon the otherr adjaeent Lot as may be rcasonabiy nec~saky in order to carry out such rebuilding or repnit.

(4) Thc right of any dwclling unit owner to contribution fmrn my other dwellin4 unit owner uuda this shul bo appurtenant to tho land and shall pass to such owner's successors in titlc.

c. t % ~ ~ i ? n 'l~lorrf Strucwre. With respct to any Common ~ o o f ~tmctura (as dched below), the owners of k c rclevant adjoining dwclling units shall huvu the rights snd obligations set forth in this -oh 1 lIq): the Ranch Association shall have no responsibility whatsoever for nlaintenancc, repair or rqlrrcernont of any portion of ally Common Roof Structure. To the cxtcnt not inconsistent with the provisions of this wagraah-I. IIQ, the gcaaral rules of l ~ w regarding gnd liability for property damage duc to ncgligcnco or wilifi~l acts or omissions shall apply to the Common Roof Structures. For purposcs of this Suppl~mtntal ~ e c l ~ a t i o n , thc tcrm "Common Roof Strudurd' mcans the shu~tucal dements of any singlo

roof that i s attached to any portion of two adjoining dwclling unita, but docs not include shinglca. tilas or othm non-8tructural elamnts.

(1) If any Common Roof Stm~ture i8 damaged or Scretroyed through the act of the owncr of an ndjaining rlwcning unit, or my of such owner's tenants, invite-, agents, convactors. gucsts or fmily members (wht th~ or not such act is negligent or otharwise culpnblo), it shall be the obligation of such dwelljog unit awncr to rebuild and repair the Cottunon Roof Stnrcturc without cost to tho othcr dwelling unit owncr; providcd that any liability imposed on a dwelling unit ownm hmundcr shall not limit or prcjudie the right of the dwelling unit owner to pursue any available legal remedics a e m l the person(8) causing such damage or destructim.

(2) If any C o m n Roof Structure is datroyad or danugd (inchding by deterioration from ordinary wcar and kar), othor than by tha act of tho ownor of an adjoining dwelling unit or any of such ownor's tcnmts, invitces, qonts, contrac;tom, gucsts or family members. it shall be thc joint obligation of the owners of both adjoining dwelling units to rebuild md rqair such Common Rmf Stn~ctura to its ps-exi~tirlg condition at their jdat expense. such cxpensc to be divided equally between t h ~ m (and in went that onc such owatr fails or refuscs so to act. the other owncr may undertake thc rebuilding or repair of such Common Roof Structure to its preexisting condition, and thoreupon shall haw the right to obtain contribution from the owncr who failed or rcfustd to act, in the amount of one-half of the cost of such rebuilding or repair).

(3) Consisimt with the foregoing, and wilh the t a m s of Paraurapl! $& hove, c x h owner of ba, Attachcd Lot with a Common Roof Stnr~turc shall be soldy responsible for the rnaintenmce of shingles, roof tiles ancl othcr non-structural elements of rhc roof abovc such owncr's Attached Lot.

(4) In connection with any rebuilding or repair of a Common Roof Stmctum in accordmco with this Fgralrra~h I lk), each adjacent I R ~ owncr shall have thr; right to cntcr upon tho other adjaccnt Lot as may bc reasonably ncwssary in ordor to cvry out such rebuilding or rcpak.

(5 ) Th4 right of any dwelling unit owner to contribution from afiy othcr dwelIing bait owner undn this Paragmah l llc) shall bc appurtenant to the land and shall pass to such owner's successuru in titlo.

d. Easement for Watcr jWn-Ofl, In any insiancc in which storm water drains from thc roof of one Altached Lat (tho ' P r a i n h ~ Attachcd Lot") onto an llrijacent Attachcd h t (nn ''Adjacent Lot''), Ucc lmt hereby estab1isha fbr t h ~ btncfit of tho owner of the Draining Attached TAG and its succcsso~~ and assigns, a non-axclusive cascmmt over the Adjaccnt Lot for purposes of drainage of such storm watat from the roof of thc dwclling unit lccated on such Draining Attached Lor, but only to the extent that such drainage consists of water flow from n roof that has been constructed in nccodancc with plans prcpared by the original Buildcr constructing tbc dwclling unit and approved by the Covcmt Cummission. '

i x C. Salemcnt ror Roof Encroechment. Im each instance in which a arcof t.% $ 5

e m or other roof projection of a dwclling unit constructed an an Attached Lat (an - f ). t "Encroachinb Attached Lot'? cncmachcs outo an Adjaccnt Lot, Dwlarant heroby grunts to the c - .d z owncr of such Encroaching ktt.tvhad Lot, and its successors and assigns, a n~n+cxclusivc r c ewment over tho Adjacent Lot to th.e extent of such encroachment, for purpovcv of such encroachmmt and for purposcs of such imxss as may be reasonably necessary lo inspect, maintain and rcpPir s u ~ h oave or other projection; providd that such cave or othar projection ha been constmct.cd in accordance with plans prcparcd by the original Buildor constrrrcting the dwelling unit and approved by thc Covenant Commission; and pmvided, hkther, that thc ownm conducting any such inspection, mainttnnnco or rcpair shall ba rospnsiblc for my resulting darnngc or dcatxuction to thc Adjacmt h t . or any itnpmvcments or other property located thereon, and for any raulting bodily injury to any person.

f. Fasement -for Maintcnanct. Without limiting thc provisions in Pam~rguh 11[~)(4) above, each owner of an Attached Lot shall have an eaaemcnt to mter cacb adjoining h t (excluding the intador of Ule dwelling or garagc on such adjoining Lat) in connection with any rebuilding or repair of any jmpmvcmmts on the Lot owned by such ownor, as may be reasonably necessary in order w c m y wt such rebuilding or repair (including rcstomtion of my fleeted hdscapJng3.

12. Photo~tavhy of Homes, &ch f crson acquiring title to n Lot, hy the nccoptancc of a d a d or other instrument evidencing such title, hercby consents to having tho cxtcrior olany rcsidencc constructcd on such Tut photographed by profcusionnl photographers contracted by Declarant, and apoc$ t h a ~ such photogqhs may be usod by Declarant in advmtising md markding: materials and nlso may be used to dcmonstntc design guideline principles applicable to structures constructcd at the Dweloprnent. All such photographs and all such uses shall bc at no cost to such Lot owncr a d such Lot ownex shall Jlow such usts Cree o f chargc and without compensation to such T A ~ amcr. All uscs shall bc irnplemontcd in a professional and tastchl, first-class mmner. Fach photognphy smsion, if any, shl l be co~lductcd at a mutually convenicmt time md datc as aged betwocn the Lul owner ancl Dcclarant. The photography craw shall haw thc ri&t to mter onto the Lot an thc day of the photography sossion to conduct its work. Any dmagc caused by such crew hell be the responsibility of Dwlwant who shall promptly cause any such dnmnge to be repaid, cntirely at its mst. and with minimal inconvcnicncc to the Lat owner.

13, Enfoyccmcnt. The Community Council may recover from any Lot owner who fails to maintain its Lot or any portion k c o f or any adjacent Streetscapa Area m required by any of J%~~ara~hs .6. 7. 8 or 1 1 above my and dl costs incurred by tho Community Council i n performing such maintenance on the owner's behalf pmumt to any of said P ~ h s 6 ,7 .8 or 11 nbovc, la addition, without limiting any other rights or medics avellable to the Cnrnmunity d

Council, in all cases of an owncr's failure to maintain as required by my of k8ramrhs 6. 7. fl or 1 1 above, the Community Council may impose a Specific Assessment under thc Council - Dcclaratian against the ownor's property within the Devclupment in the amount o f such casts or damages, which asscssmont shall bu irnmcdiately duc and papblc upon delivery of notico of such asssssment to the owncr, All or any pctrtion of the foregoing A&ts of the Community Council may bc dclcgatcd to the Association pursuant to Section 6.10 oC the Council Dtclariition

@rovidcd that any Spmifi~ hsqssrn~nt lcviod by tho Asmiation in accordance with this arauh 17 shdl be lovied purauant to thc Ranch Dixlaration),

$.;; -4

14. djaccnt Laqd Use. Declnrmt hereby gives noticc that the Tract i s locntcd t c adjacent to (a) t e GololIoursc, to thc north and cast. (b) North Boaxdsley Wash, to the noah, (G)

Parcel GI, a msidcntial subdivision, to thc north and beyand the Golf Course and North Rtardslcy Wash, (dl n future City park site, which may include lighted ranis courts, to the wmt, (e) C o p p Ridge Elomcntary School, including li&tcd ball iidds, to thc southwest, (e) Parcel G3, a residential subdivision, to the sauth, (0 ntsert Springs Park, to thc south, pnd (&) undcqgmund watcr rcscrvoir and associntd abovepund pump howo, to the southeast. Each Lat ov~Dcr, by laking titlo to a Lot acknowlcdgcs that De~kvant makes no makes no w m t i c s or ropresentntions whnisaovm that my land now owned or hcrtaftcr acquired by Doclnmunt is or will bc committed to or dcvclopcd for a pmiculnr (or any) usc. or if that land is once uscd for a particular Wc, that such usc will continue in eflcct, and that DDec;ratlt reserves thc right to change the uses, dmiticu and zoning of my pmporty in thc Developmcut which Declarant awns without thc consent of any hi QWW.

15. Ajraort. Each Lot owncr. by taking title to a Lot, xknowledgas (for such Bupr and such Buyer's family mtmbm, other occupants, successors and assigs) that: (a) the 'Ilsct is in close proximity to Chc Scottsdofe Airport flight path and is located within 4 milcs of Tha Swttsdalc Airport (tho "Airport"), which is currently Iaatccl generally between Frank Uoyd Wtight Boulavard on the nokth, Yirna b a d on the east, Thundorbird Road on tho south and Scattsdalc Road on the west; (b) ns of the date hereof, the Airport is opemted ss a gvn~rrrl aviation rrlicvcd~ommcrcial scrvicc nirporc for Scottsdalo and North Phoenix, used generally for single engine and Win enginc airplanes, corporate jcts, helicoptws a d scheduled scrvicc turbo prop and jet aircraft; (c) aircraft taking off f m and Iuding at the Airport may fly over thc Trst md adjacent pmportlcs at altitudes which will vary with mctc0m10gical conditions. aircraft w, ;lircm£t performance and piloi pficimcy; (d) at thc date hcrcof, the majority o f aircraft takeoffs and landings occur daily bctwccn 6:00 a.m. and 11 :00 p.m., but the Airpon is opcn twentyfour (24) hours each day, so takeoffs nnd landings may occur at any hour of tho duy or night; (e) d the datc hwmf, the number of takeoffs arid landings at the Airport averagc appmxirnrrtcly 850 c3ch day, but that number will vary and may incease with time if the number of its operations iacwsos; (f) flights ova the ' rm or adjacent properties by aircraft tnking off from or lmding at the Airport may gencrnte noise, the volwna, pitch, amount and fkcqumy of occumncc ofwhich. will vary depending on a nurnbcr of factors, including without Iimi~tion the Pltitudos at which tho aircraft fly. wind dirwtion and athcr meteorol;ogical conditions and aircroit number and me, and may be affcctcd by fu~ure changes in Airport activity; @) as of the dam hcrmf, rnanagcmcnt of the Airport h a policies in place intcnded to hclp reduce or minimize aircraft noise md its influcnct on owncrs and occupants of propcrtics in thc vicinity of the Airport, but those policies may chaw ova tima and in addition ather aspects of such policics (including, without limitation, thosc intended to promote safety) may bbc ghcn gmforence over policits relating to limiting iioisc; and (h) such Lot owner (for such Lot owncr and such Lot owner's f d l y mtrnbcrs, other occupants, successors and assigns) hcrcby acccpts and assumes any and all risks, butdam md ineanvenimco cauqcd 'by or xwwiated with the Airport md its uperatjons (including, without limitation, noise cause by or assaciatd with aimrafl flying over the subdivision and adjacent pwperties), md agrees not to assert or makc any claim against (i) the

P; + P,

City of Swttsdalc. its clficm, diroct~rs, commissionore, rcprescntativcs, agents, servants and ernplayee~, (ii) DC Ranch h c i a t i o n , Inc. or DC Ranch Community Council, hc,, (iii) DC 5 - h Ranch L.L.C., its direct and indirect owners, thcir mpectiva directors, oficms, purtmts, ngmts,

< P i 4 + ..

employees, managers, tmsteea, and any su~ccaors or assigns of any of the foregoing, F r;

16. m~mretnb . This Supplcmcntal Declaration shall run with the land within the Trnct, shall be binding on all parties having or acquiring any righl, titlc or intorest in the 'I'rwt or any part thereof, and their msptctivc heirs. succcvsors and assigns, and shall bo eniotceablc in nccocdance with and as a part of the Council Dcclanition and the Ranch Declaration,

17. ~ c o r ~ a r a t l o n of Dcclaratbns, The Cauncil Dcclarntion and thc Ranch Dcclaratkn each i a expressly incmporated hereh and made a part hcmf by this reference. Unleps otherwise defincd hctein, wery capitalkd tcrm and expresdon used herein shall have the smc mtaning a9 sct forth for such terms and cxprcssions in thc Council Declaration and thc Ranch Declaration, as applicobla In the event of m y conflict between the terms o f the Council Declaration or the Kanch Declaration and thc terms of this SupplcmentaI Ilcclaratioa thc terms of the Council Declarahn or the h c h Daclaratim, as applicable, shall control.

13. Amendment. This Supplemental Trnct Dcelmtion may be arncndcd in thc samc manna as tho b c h D~eclnmtion may be amended ia accordance with the pruvisionv of thc Ranch Daclmtioa.

IN WITNESS WHEREOF, Dcclarant has executed the foregoing instrument as of the date first sct forth abovc.

UC RANCH L.L.C., an Arizone lirnitcd liability company

By: DMB PROPERm V E m S LIMITED PARmBZZSHfF, n Dclnw~re limitcd partnership, Administrative Member

By: DMR GP, INC., an Ariaom corporation, i ts Gancrat Fartn 7

STATE OF AWONA 1 ) BS,

County of Maticopa

Tho foregoing ins tmont was ~cknowlpdgsd bcfore mc this A&' day of Scptcmber, 2002, by ,&& &&& , tho W /%&d4n;X , of DMB GP, MC., an Arizone corporation, in d.s capacity ap Gcneral Partner o f DMB PROPERTY VEmW LIMITED PARTNERSHIP, a Delaware limited partnership, in its capacity as Adrninistralive Member of DC RANCTI L.L.C., an Arizona limitcd liability company, fur and on bchnlf thcrcof

My Commission Expimi:

bjlDl,h , ,

Exhibit "A"

Lots 1201 through 125 t, inclwzsi~c, and 'hcts "A" through "K", inclusiva, of DC RANCH PARCeL Q.UG.4, a subdivision according to thc plat recorded in Book a of M a p , Page &, records of Maricapo County, Arizona