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Ad "'.'"'~---- ,';,_;i:.vl", ~:".: L',-,-...J,'"UL Ii~,~ '-'.\c.",i;:,,:C~ :':ii..
~ de¡:- ~~~;.:y or
Oeclarntion or Covenants, Condltlon~. and Re~trictions thIs
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S'I'E'rART TITL': & T'RU.::T OPTUCSON, an Arizona cor-por~tion. 3S Trustee underTrust rJo, 2)~S. as Trusteeonly ~nd not 1n lt~ cor-po,;ite C~i.~2Clty
By ,--1, . - I" ~.../J~'-,,:~_....~Trust orrlceT
STATE Cr ARIZONA
Co:.nty of' P~ma ss ,
On this.~ èJ.Y of ..'rv J 19J1. befo:,c me, theunders1Gned Notary Public i pe;'~(:r:a2.1y D.;:pe2;-eè h'anOJ
Oannerifeher . who ackr.owledsed hi:;se2.f to be theTni~t Offjt:f'rGf STEWART TITLE & TRUST OF TUCSON, an ArizonacorpOr~tlon. Uiid who ~elng duly aU~hor~zed to do 30, executedthe foresolng instrument fo~ the pu:'poses t~erein containedand in tIie capacIty therein stated_
G 1 veii under my ha~dJ,:nU,) rv 19.., a~d ~e~l or of ~~C~ th13 ~ day
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Pur~uallt to SectIon 33-401, An:. t~~ ~~~~= and a~j~es~e= ofthe bcner~clar1es as disclosed ty t~e ~ecc~~s of sald Trus~a¡'e us 1'0110,,'s:
S':,SH10 VISTA DEVELO?HENTS. I~¡C,i Chesl:i Construction Co.7000 E, Tanq~c Verde Rd,Tu~sor.j Arizon2 85715
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When Recorded Return To:
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DECLARATION OF COVENANTS, CONDITIONS AND REpTRICTIONS
DESERT ANCHOR TOWNHOUSES
THIS DECLARATION made on the date hereinafter set
forth, by Stewart Title & Tr,ust of Tuc'son, an Arizona
corporation, as Trustee under Trust No.. 2145, hereinafter
referred to as "Declarant".
WIT N E SSE T H,That Stewart Title & Trust of Tucson, as Trustor under, , ,Trust No. 2145 is the owner, aftha following described real
property:
Desert Anchor 'Townhouses i Lots 1
through 634 inclusive, Common Areas
"A" (Landscaped Areas), "B" (Private
Streets) t "e" (Recreation Area), "On
(Private Drainageway), according to
the official map or plat ("the plat")
thereof of record in the office of
the Pima County Recorder in Book 33
of Mapa and Plats at Page 47, ~Propertyn.
Declarant will convey said Property, Subject to certain
covenants, restrictions, uses, limitations, Obliga,tions,
easements, equitable servitudes, charges and liens, all of
which are for the purpose o~ 'enhancing and protecting the
value, desirability and attractiveness of sa.id Property.
These covenants, restrictions, uses, limitations,charges and. oi
tobinding upon t;
obligations, easements, equi table 5ervi tudes,liens shall rUn with the Property and shall be
All parties having or acquiring any right, title or interest ~i
in the Property described above, or any part thereof, And c.
~shall inure to the benefit of each owner and may be enforced
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by Declarant or its SUCcessors in interest or by ~ny entity
having an interest in their enforcement.
ARTICLE I
DEFINITIONS
-Association" shaii. mean and refer to Desert Ànchor
Homeowners Association and the improvements contained
thereinf together with ownership by the Association 'of the
Common Areas as hereinafter defined.
"Common Areas. shall mean and refer to, all of the real
property shown on the plat and designated as follows:Common Area A - landscaped areas; Common Area B _ Private
Streets; Common Area C - Recreation Areas; and Common Area D
- Private Drainageway Easement, together with all other real
property now or hereafter owned by the Association, itsSuccessors and assigns for the common u'se and enjoyment of
its membersF including but not limited to the parking areas,
private drives, driveways, landscaping, swimming pools and
recreational areas and all appurtenances thereto which are
,nec'essary for the' operation thereOf, and all other areas ofthe property except the lots.
The covenants, conditions and restrictions of said lots
are as follows:
~ theA. No animals of any kind may be kept anywhere within
~property, except that each owner may keep ONE (1) SMALL
I, HOUSEHOLD ,PET--' shall be kept
WITHIN ITS DWELLING UNIT. Such household pet --in an 'enclosed area, except when acco~panied
on a leash.
:,',n~ Each building on each lot shall only be used for
residential purposes and no business activity of' any kindwhatsoever shall be conducted upon any of said lots, except
for the models, sales office and construction, offices used
by the Declarant or Sabino Vist-: Developments, Inc., An
Arizona corporation, hereinafter referred' to AS -Developer-.
c. No building shall be erected, altered, placed or
permitted to remain on any lot other than one (1) single"
6949;; J512
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family dwelling unit. This provision d?es not apply to the
erection of a temporary construction sha~k, sales office and
structures related to such activities on the property during
the construction and sale period, and for a reasonable
period thereafter.O. All dwelling units erecte'd on said property sha.ll
be of new construction and no buildings or structures shall
be moved from other locations onto said lots.
E. There shall only be one (1) dwelling built on each
lot.F. No member or owner shall park or permit to be
parked on the streets of the subdivision or in any. d~iveway
or carport located therein, any camper, truck (other than a
pick-up truck used for personal transportation), boattrailer t trgvel trailer i luggage trailer, or similar
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vehicle, nor shall any boat, motor home, or recreational
vehicle be permitted to be parked or maintained, except far
brief stops necessary to load or unload items into or from
said vehicle or boat, but in no event shall such activities
hinder or restrict vehicular or pedestrian traffic in the
subdivision a Notwithstanding 'anything
Board of Dir.ectors of theherein to the
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designate and set aside an- area for the parking and storage
of said vehicles and boats, both on a temporary or permanent
baslsr and it shall be a violation of these restrictions to
park or leave' standing any such vehicle anywhere on any
-~ .portion of the subdiVision, except as herein provided.
The use of all vehicles~ including, but not limited to,
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truckst automobiles, bicycles, and motorcycles shall be
subject to the rules of the Association, which may prohibit
or límit the use thereof, provide parking regulations or
adopt other rules regul~ ting the same a
At no time shall there be any outside storage of motor
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vehicles in stages of construction, reconstruction,
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modification, or rebuilding or parts .of ,Jltor vehicles, suchas, frames, bodies, engines or other part~,9r accessories.
G,o'"No signs, posters, billboards or ~dvertisements of
any type may be erected or displayed within the property,
eexcept for a small, tasteful -For SaleM or "For Rent" sign
for each dwelling unit, provided however, that the size of
said sign shall not be larger than three (3) feet square.
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This provision does not apply to the Declarant or Developer
during the construction and sales period of the property or
as such signs may be requi~ed by legal proceedings.
H. No unsightly objects or nuisances shal! be erected,
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placed or permitted to remain on any of the lots. No excess
or offensive activities shall be carried on upon any lot,
nor shall anything be done thereon which .may become an
annoyance or. nuisance to the 'neighborhood or which may
endanger, disturb, or annoy the owner of any dwelling" unit.
No noise or other nuisance shall be permitted to exist or
operate upon such property so as to be offensive or
detrimental to any other property in the vicinity thereof or
to its occupants. The Board of Directors of theAssociation, in its sole discretion, shall have the right to
determine the existence of any such nuisance.
I. No vehicle or structure of a temporary character,
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tent, shack, bar, mobile home or other out building shall be
used on any lot at any time as a residence, eithertemporarily or permanently, nor shall any temporary out
, bui-ldìng, trailer -home, or structure be placed on a lotwithout the advance wri tten permission of the Board of
Directors, except as otherwise provided herein relating to
the Developer.
J. No trees or other plants which would grow to such
size as to extend outside the boundary of a dwelling unit
shall be planted by an owner without the ~dvance written"
permission of the Board of Directors.
6948 IIll J5J
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K~ No white, glaring, or near white 9round. cover shall
be', used on any lot without being approv~Q;., in advance in
wri ting by the Board of Direçtors.
L. No room' or roams in any ,residence mAy be rented or
leased to others by the owner or Owners of Any lots.o
Nothing in this paragraph, however, shall be construed as
preventing the renting or leasing of an entire lot, together
with its improvements, except as such is limited herein.
M. No derrick or other structure designed for USe in
boring for water, o.i1 or natural gas shall' be, erected,placed or permitted 'upon any part of said ,property, norshall any water, oil, natural gas, petroleum, asphaltum or
hydrocarbon products or substances be produced or extracted
therefrom, except that the owners hereinabove named, reserve
the USe of one or more lots upon which they may maintain the
necessary structures and tanks for the SUpplying of water in
this SUbdivision.
N_ No elevated tanks of any kind shall be erected,placed o~ permitted upon any part of said property And any
tanks for Use in connection with any residence constructed
on the property ¡ including tanks for the storage of gas and
fuel oil, gasoline or oil, must be buried or walled in to
conceal them from the neighboring lots, roads, or streets.
All evaporative coolers and air condition~ng units ahall be
installed only as approved by the Board of Directors. In
additioni all air conditioning, heating or evaporative
cooling units must be screened as directed by the Board of
Directors. No air conditioning, heating, or evaporative
Cooling unit. shall be installed, nor "hall any other
deVice, except as herein provided, be installed upon any
roof or exterio.r portion of any bUilding, except in,
substitution or repla.cement for said unit or device that was"
originally placed on said roof or exterior, portion ot thedwelling unit~ Clotheslines, equipment, service yards, wood
piles ör storage piles shall be walled in or kept screened
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by adequate planting or other means in' such manner as to.
con'ceal them from the view of neighboi:Üig lots, roads, or
streets.Any and all items stored in a carport or garage area
shall be stored so as to conceal the same from the view of
adjoining property or from the streets or public ways.
O. Easements to permit the placing of sewer lines,electrical and television cables, and natural gas pipelines,
along, under i around, adjacent to, and across the Commn
Areas which are subject to these restrictions are hereby
granted and established; this shall include the right to
excavate said sewer line or lines, electrical and television
cables and natural gas pipelines in a workmanlike manner.
This right shaii. be exercised in such manner ~s to preserve
the greatest ,amount of the then existing landscaping. The
location of this easement upon any Common Areas shall be
determined by the Board of Directors, provided tha t thelocation meets with the approval of any public /agency
~equesting such easements.
l? No exposed or exterior radio transmission and/or
antenna or other device shall be erected, placed on or
maintained on any part of the properties without priorwritten approval therefor from the Board of Directors,
"except master antenna units provided by the Association. In
the enent there are no master antenna units provided by the
Association, then one television antenna shall be permitted
on each lot without such prior approval, provided that such
television antenna shall notextend more than five (5) feetabove the roof of the residence upon such lot.
Q. No landscaping upon any Common Areas shall be
permitted to be destroyed or removed, except as approved by
the Association. In the event that such landscaping i3
removed, except as stated above, the Association may require
the replacing or replanting of the same, the cost thereof to
be borne by the one who removed it.
~48 "f, .J
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R. All electrical service and tel~ph~ne lipes shall be
pl?,ced underground and no outside electric~J, lines shall b,e
placed overhead, except those electrical service and
telephone lines around the perimeter of the property. All
services to the structures on the property shall be"
underground.
s. No personal planting or growing of any types of
vegetation is permitted on the Common Areas without the
prior written permission of the Board of Directors.
T. Bermuda grass shall not be grown, except that of a
variety recognized to he pollen free and approved in writing
by the Board of Directors of the Association.
u. Private swimming pools are allowed, provided
wri tten approval is first obtained from the Board of
Directors, subject to all local, state and federalgovernment regulations4 Construction or maintenance of the
private swimming pool shall not relieve an owner from
liability for his pro rata share of the assessments on
corron swimming pools', and for all other Common Areas. In
the event construction of such a swimming pool requires an
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extension or other alteration of any common patio wall,
prior wri t ten Consent shall also be required from theadjoining owners as hereinafter provided.
v ~ No garbage or trash shall be placed or kept on the
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properties, except in Gover~d containers of a type, size and
style which has been installed by the Declarant 9r approved
by the Board of Directors of the Association.
W. Nothing shall be done or kept on any dwelling unit'or: Common Areas which will increase the rate of 1n::urance on
such property without the written approval of the Board, "nor
shall anything be done or kept on any dwelling unit or
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Common Areas which will 'result in the cancellation of
insurance on any such property or which would be, inviolation of any law.
6918 ILG( 356
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x~ Dut'ing reasona.ble hours, Declarant, any member of
the Board, Or any authoriz.ed representative of any of" them
shall have the right to enter upon and inspect any property
,within the Association, and the: improvements thereon, for
the purpose of ascertaining whether or not the provisions of~
this Declaration have been or are being complied with, and
such persons shall not be deemed guilty of trespass by
reason of such entry.Y. The Board of Directors shall determine the
location, color, size, design, lettering and all other
particulars of all mail and paper delive-ry boxes, and
stanåards and brackets and name signs for the same in order
that the area be strictly uniform in appearance with respect
thereto ~
ARTICLE II
ASSOCIATION AND MEMBERSHIP
A. The Association is or shall be anon-prof! t Arizona
corporation charged with the õuties apd, invested with the,powers prescribed by law and set forth in, the Articles,
By-laws, nnd this Declaration.
B. The affairs of the Association shall be conducted
" by a Board of Directors and such officers as the board may
elect or appoint, in accordance with the Articles and
By-laws, as the same may be amended from time to time. The
compos.ition of the Board shall be defined in the By-laws.
c, Any action necessary or appropriate to proper
-- .maintenance, safety, control and upkeep of all or any of the
Corron Areas, and the Private Drainage Easement and Any
action necß55ary or appropriate to the maintaining. if
provided, of television antenna and cable systems to the
lots, or security and guard services for the premises or any
portion thereof, shall be, taken through the Association. "
Every person or entity who is t-he owner entitled topossession of any dwelling unit which is subject by this
Declaration of Covenants, Conditions and Restrictions to
e6~19 rilf 357
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assessment by the Association, sh.:l1 be "a' meiner of theAs's,oc i a tion . The foregoing" is not intended to include
persons or entities who hold an interest merely as security
for the performance of an obligation. ,Membership shall be
appurtenant to and may not be separated from ownership of
any dwelling unit which is subjec:t to assessment by the
Associa tian. Ownership of such dwelling unit shall' be the;¡
sale qualification for membership.
:~ Membership of each Owner (including Declarant) in the
Association shaii be appurtenant to the dwelling unit .owned
and shall not be transferred, pledged or, alienated in any-
way except upon the ¡ transfer of ownership to said dwelling
unit, and then only to the transferee thereof. Any attempt
to make a proh~_bited transfer shall be void. Any .transfer
of ownership ,of a dwelling unit shall operate automatically
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to transfer said membership to the new Owner thereof.
Any lease agreement, either verbal or written, with a
tenant or lessee shall provide that the tenant or lessee
. shall abide by the rules, By-laws, Articles ofIncorporation, and the provisions of this -Declaration. In
the event such lease agreement does not contain this
proviSion, such lease agreement shall, at the option of the
Declarant or Board of Directors of the Association, be null
and void.
n:' The Association shall have two classes of voting
member5hip~
Class A. Class A members shall be all Owners
with the exception of thé Declarant, and shall be
entit.led to one vote for each dwelling unit owned.
When more than one person holds an interest in
any dwelling unit, all such persons shall be mem-
bers. The voting for such dwelling unit shall"
be exe~cised as such persons among themselves
determine, but in no eVent shall more than one
vote be cast with respect to any Class A dwel~in9
6948 riu 3589-,
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unit. If any owner or owners cas,ts ,a vote rep-
resenting a certain dwelling unit, it,will
thereafter be conclusively presumed for all
purposes that such owner or owners wera acting
with the authority and consent of all other
owners of the same dwelling unit.
Class B. . The Class B member shaii be the
Declarant and shall be entitled to three (3) votes
for each dwelling unit owned. The total vote$
which the Declarant shall be entitled to cast
~ay be cast in such proportion on ~ny' matter
as Declarant may determine. Each Class B mem-
bership shaii cease and be converted to Class
A memb~rship, without further act or deed,
upon tne happening of any of the following
even ts :
(a) Upon the conveyance by De-
clarant of any particular dwelling unit
to an owner, other than in connection
with an assignment by Declarant of all
or substantiaiiy all of ~ts rights
under this Declaration (including a
pledge or assignment by Declarant to
any lender as security) # with respectto the particular dwelling unit or
units so sold or otherwise disposed
of; or
-- ,(b) With resp~ct to all remain-
ing Class B memberships, upon the first
to occur of the following:
(i) Upon the expiration of
One Hundred Twenty (120) days
fallowing the first date when
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the total votes outstanding in
the Class A membership equal or
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exceed the total votes outstand- .,
1ng in the Class B riembership.. or
(iU Five (5) years afterthe conveyance of the first
dwelling unit to an ownfr other
than Declarant.
If any lender to whom Declarant has assigned, or hereafter
,assigns, as security all or substantially all of its rights
under this Declaration succeeds to the interest of Declarant
by virtue of "said assignment; the Class B membersfips shaii
not be terminated thereby,' and such lender shall hold the
Class B memberships on the same terms as such were held by
Declarant pursuant hereto.
ARTICLE III
PROPERTY RIGHTS
A. Enioyment of Easements. Every member shall have a
right and easement ot enjoyment in and to the Common Areas
and Private Drainage Easement, and such easement shall be
appurtenant to and shal i pass wi th the title to every
assessed dwelling ~niti subject to the following provisions:
Hì The right of the Association to limit the numerof guests of members;
(2) The right of the Association to charge reasonable
adris¡:ion and other fees for the use of any recreational
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facility ~situated upon the Common Areas;
(3) The right of the Assoctation to suspend the voting
rights and right to use the recreational facilities by amember. for any period during which any assessment against
his dwelling unit remiins unpiid, and for a period not to
exceed sixty (60) days for any infraction of its published
rules and regulations;
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(4) The provisions of the Articles ot Incorporation',
By-lawsf and this Declaration, and the rules a~d regulations
adopt~d by the Association or as established by its Board of
Directors,;
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(5) The right of the Associa"tio'n to .dedicate or,
transfer all or any part of the Common Areas to any public
agency i authority or utility for such purposes and Subject
to such conditions as_ may be agreed to by the Board. No
such dedication or transfer shall be effe.ctive unless .aninstrument agreeing to such dedication or t~ansfer signed by
two-thirds (2/3) of each class. of members has been recorded.
B. Deleqation of Use. Any member may delegate, in
accordance with the By-laws, his right of enjoyment to the
Common Areas and facilities to the members of his family,
his tenants i or contract purchasers who reside 'on the
property.
c~ Damaqes. Each Owner if found legally responsibleunder Arizona State Law, shall be liable to the Association
fo~ any damage to the Common Area which may be &ustained by
reason of the negligence or willful misconduct of said owner
or of his family and guests, both minor and adult. In the
case of joint ownership of a dwelling unit, the liability of
such owners shall, be joint and several, except to the extent
tha,t the Association ha.s previously contracted in writing
with such joint owners to the ~ontrary. The amount of such
damage shall be an assessment against the dwelling unit and
may be collected as provided for in the By-laws, for thecollection of othe~ assessmen~s.
ARTICLE iv
MAINTENANCE AND ASSESSMENTS
(A. The Association shall be responsible for and shall
manage, maintain and provide .for the safety and upkeep of
thê Common Areas and Private Drainage Easement referred to
on the plat recorded in the office of the Pima Còûnty
Recorder in Book 33 of Maps at page 47, and shall do all
things necessary for the general benefit and wel"fare of thè
property owners in said Common Areas, str.eets, and Private
Drainage Eãsement, and shall manage and maintain said Common
Areasf streets, and Private Drainage Easement in accordance
126~48 ti\! 361
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with its By-laws, Articles of Incorporation, and the,provisions of this Declaration. The Associ~tion shall also
maintain all front yards and front yard landscaping for the
dwelling units, sidewalks, walkways, and all portions of the
Common l\reas.
B. The ASsociation shall pay all ad valorem taxes
which may be assessed against the Common Areas and the
Private Drainage Easement, and these assessments shall be
paid pro rata by the owner of each dwelling unit. The
Association is also empowered to provide, mai~tain and
operate a street lighting system, television antenna or
cable systems, and security or guard services, eitherdirectly, under Contract with a municipality, utilitycompany, mani'gemeht company, o~, other company, or through
other means.
Cq Each Owner shall be subject to all of the
provisions of the Articles of Incorporation,By-laws,
management agreements (if any), those restrictions now in
effect or duly adopted and amended, and reasonable rules and
regulations adopted by the Board of Directors.shall be subject to assessments as follows:
Each lot'.
The pro. rata share of the costs to the Association of
all water used in the property both for private Use and for
the Common Areas, garbage and trash pickup services for the
propertieSt-o pool maintenance and service, planting, land-
scaping and maintenance for front' and side yards for the
dwelling units and all Common Areas, outside pest control,
legal and _account'ing expens.es of the Association, street
maintenance f repair, and cleaning ~ a management fee for the
properties i manager, gas and electric expenses for theCommon Areas,. expenses for the Charges of a fire company,
insurance premiums (hereinafter described) and for a reserve
aCCOunt for the repair, maintenance and rebuilding of
fences N roads and other permanent structures which are part
of the Common Areas, utility and sewer lines held in common,
136~18 illi 362
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repair and maintenance and other ne:ce~~ary Cû3tS in said
Co~mon Areas, and repair and maintenance ~nd other necessary
costs regarding the Private Drainage Easement.
Until commencement of the first fisc'al year of the
AssOciation~ immediately following the conveyance' of the
first .dwelling unit to an owner other t~an Declarant, the
maximum monthly payment for such assessments payable ~y eách
owner other than Declarant shall be Fifty-fiveDollars (S 55.00 ) per dwelling unit. At the commencement
of the first fiscal year immediately following the
conveyance of the first dwelling unit to an Owner other than
Declarant and at the commencement of each and every fiscal
year thereafter, the Board shall ascertain an index numer
for the U.S. Cities - Aii Items Average (1967 = 100) set
forth in the Consumer Price Index for All Urban Consumers of
the Bureau of Labor Statistics; United States Department of
Labor, for the most recent month for which. such Index. has
been published (represented by the letter "e" in the formula
h.ereinafter set forth) and the maximum, monthly payment fo-r
such assessments aSSessed for such fiscal year (represented
by the letter "RH in the formula hereinafter set forth) may
be increased to an amount equal to the then current index
numb.er ("C'I) divided by the U.S. Ci.ties _ All Items Average
(1967 t: lOa) set forth in said Consumer Price Index for All
Urbûn Consumers for December 30 19£ (represented ,by theletter uM' in the "formula hereinafter set forth) and
-- ,mul tiplied by the maximum monthly payment for the
irnediat~iy preceding fiscal rear
C(R Q - X maximum annual assessment for the
M immediately preceeding fiscal year).-If the Consumer Price Index for All Urban Consumers shall no
longer be -PUbliShed, then another index pUbliShed by the '.
Bureau of Labor Statistics or any other federal agency shall.
be subotituted by the Board.Notwithstanding onything
contained herein to the contrary, from and after tne
146815 rIG! 363
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(cor.encement of, the first fiscal year immediately following
the' conveyance of the first dwelling unit ~o, an owner other
than Declarant, the maximum monthly assessment may be
increased above that established by said Consumer Price
Index formula by a vote of the owners of dweiling units to
which more than two-thirds (2/3) '.of the Common Areas are
appurtenant. The provisions of this paragraph shall be
deemed to be covenants running with the land and shåii be
binding upon each owner and shall inure to the benefit of
any person having any interest in the property.,
An owner cannot exempt himself from this assessment by
non-use,of the dweiiing unit, but he shall be liable for the
same as long as he shall own the dwelling unit.
D. The Board o-f Directors of the Association shallhave the power and be required to ~stablish and levy m6nthly
assessments, payable at least one month in advance. Such
( assessments together with interest, costs and reasonable
attorney i S fees, shall be a charge upon the dwelling unit. and shall be a continuing lien upon the property' against
which such assessment is made. Delinquent assessments,together with interest, court costs and attorney i s feesshall remain a personal obligation of the person who was .the
owner of the lot at the time the assessment fell due. The
personal obligation for delinquent payments shall not pass
to an o~nerls suc?essor in title unless expressly assumed by
him, provided, however, that the personal obligation shall
survive any voluntary or involuntary transfer- of a lot with
-- ,respect- to the owner of the lot at the time such payment
became due. The Association shall have the authority and
power to collect delinquent assessments by action at-law or
otherwise from the owners. Payment shall be due on thè
first day of each month after completion of any dwelling
unit erected on any lot and shall become delinquent ten (10)
('':days thereafter if not fully paid. All delinquent
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assessments shall become a lien on said lot and shall bear
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interest at a rate no higher than twelve' percent (12\) per
ann~ from the date on which they become delinquent.
E.. In the event it shall become necessary for the,Association to employ attorneys to collect delinquent
o assessments, whether bycreatedforeclosur,e of, the lien
herein or otherwise, the delinquent 0wner shall pay, in
addition to the assessment and accrued interest thereon, a
reasonable attorney's fee and all other cost_s and expenses
incurred .by the Association as a result of said delinquency.
p.. Said assessment shall be the same for tach, dwellingunit in the Subdivi,sion.
G. Within thirty. DO) days prior to the beginning of
each fiscal year, the Board of Directors shall estimate the
total charges to paid during each year as hereinbe£~re set
forth 'including a reasonable reserve for contingencies and
less. any expected surplus from the prior year). Said sum
shall be divided into twelve (12) equal installments and
each lot owner shall be assessed an amount equal to his
p~opor~ionate share of the charges to be paid as determined
by the Board of Directors. Each owner of a lot shall, on
the first day of each calendar month, pay to the Board of
Pirectors the monthly' amount assessed to his lot. If said
lot is being purchased on a time sale basis, such payment
may be included with the payment for the lot. on a monthly
basis 0
In addition to the annual assessments authorized above,
the .Association may levy, in any assessment year, a special
assessment. applicable to that year only for the purpose of
defraying, in whole or in part, the cost of anyconstruction, reconstruction, repair or replacement of a
capital improvement comprising a part of the Common Areas,
'.including fixtures and personal property related thereto,provided that any such assessment s~al1 have the assent oftwo-thirds (2/3) of the votes of each class of members who
are voting in person or by proxy at a meeting duly called
6913 ri~ 365
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for such purpose. Written notice of any meetin~ called for
tht; purpose of taking any action authoriz'ed under this
section shall be sent to all members not less than thirty
DO) days nor more than sixty (60) days in advancè of the
meeting. At the first such meeting called, the presence of
members or of proxies entitled to cast sixty ~ percent (60\)'
of all the votes of each class of membership ,shall
constitute a quorum~ If the required quorum is not present,
another meeting may be called subject to the same notice
. requirements, and the required quorum at the subsequent
meeting shall be one-half (1/2) of the required quorum at
the preceding meeting. No such subsequent meeting shall be
held more than sixty (60) days following the preceding
meeting ~
H~ The .Association shall secure insurance policies sothat a blanket insurance policy is in force at all times
covering all, Common Areas and the ,Private Drainage Easement
with liability insurance in the amount of not less than
$l,OOOlOOO~OOt and it shall secure fire and extended
coverage insurance to insure the structures, equipment, and
.'
improvements, both of the dwelling units and the Common
Arease for not less than one ,hun~red percent (100%) of the
replacement cost of the Common Areas and each dwelling unit
(e)cclusive of the- la'nd, foundations t excavations and otheritems normally excluded from coverage) i as dete~mined on an
annual basis by an appraisal made in accordance with, the
rules and regulations of the Board of -Underwriters or like
board ar body recognized anq accepted by the insurance
company companies Thewri tingor such insurance.Association may also purchase such workmen i 5 compensatiorr or
other insurance, including, but -not limited to, fidelity and
other bonds as the Board of Directors shall deem necessat'y
and expedient to carry out the Ass6ciation i s functions set
forth herein and in the Articles of Incorporation and
By-laws.
6918 ria 366
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All insurance policies purchas~d, ~y the. Association
shåii be for the benefit of the AssociatllQn and the dwelling,
unit owners, and their mortgagees as their interests may
appear, and shall provide that" all proceeds covering
property 105 ses shall be paid to the Association.Notwithstanding anything herein to ,the contrary, the
Association shaii hold all insurance proceeds collected by
it in trust for rebuilding the, damaged Common Areas and
dwelling unit buildings. The Associa'tion or its agents
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shall have exclusive authority to negotiat~ with the
insurance carrier and to adjust 'losses, make se,ttlements,and give releases to the insurance carrier and to collectmonies from the insurance carrier.
Each dwelling unit owner shall be free to obtain such
additional or other insurance, as he deems desirable,
including insurance covering his furnishings and personal
property, including by way, of i,iiustration, but not of
limitation, any additions, alterations and improvements he
. may have made to his dwelling unit, and covering personal
liability of himself and his employees, agents and invitees
and any other person for whom such owner may be responsibie~
.' P~y insurance policy obtained by an owner must not diminish
or adversely affect or invalidate any insurance or insurance
recovery under policies carried by the Association ~
Ip the event of partic?l dàmage or. destruction to the
property by fire or other casualty, the Board of Directors
shaii, upon receipt of the insurance proceeds, contract to
, rebuild- or re ,¡.ir such damaged or destroyed portions, of the
property to as good condition as formerly. Notwithstanding
the foregoing, in the event of substantial darn~ge or
destruction to the property, reconstruction shaii be
commenced unless other action is approved by a majority vote
of all dwelling unit owners and fifty-one percent (51ii of
all first mortgagees. All such insurJnce proceeds shall be
deposited in a bank or other financial institution, the
18631i¡ 'It! 367
,-
accounts of which bank or other financial institution are
insured by a. Federal governmental agency, wi,U~, the proviso
agreed to by said bank or institution that suèh funds may be'
withdrawn only by signature of at least one-third (1/3) of
the members of the Board of Directors. The Board of,Directors shall contract with any licensed cont~actor, ~ho
shall be required to provide a full perf~rmance a~d pay~ent
bond for the repair, reconstruction or rebuilding of such
destroyed building or buildings. In the event the insurance
proceeds are insufficient to pay all of the costs of
repairing and/or rebuilding to the same conditions as
formerly i the Board of Directors shall levy a special
assessmen,t again~t all dwelling un-it owners to ma~e up any
deficiency ror such repair or rebuilding., ' In the event suchinsurance proceeds exceed the cost of ' repair and
reconstruction i such excess shall be paid Over to the
respective mortgagees and owners as their interests may then
appear 0 Such payments shall be made to all, such owners and
their mortgagees in proportion to their undivided interests.,If the proceeds of insurance are not. suffi,cient to
defray the estimated costs of reconstruction 'and r~pair by
the Association or if at any time during reconstruction and
repair i or upon completion of reconstruction and repair i thefunds for the payment of, the costs ther~of are insufficient
iassessments shall be made against the dwelling unit owners
as described 'above.
All said special assessments shaii be paid within sixty
-- , (60) days from the date of levy and may be enforced by
foreclosure in the same manne~ ~s specified for foreclosure
of the liens for unpaid monthly assessments.
Any reconstruction or repair must be substan.tially inacèordance with the plans and s~ecification fo~ the originøl
buildii.. or l if n~t, then accor:ding to. the plans and
specific¿itions approved by the noard of Directors of the
6343 /i,f 368
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Associiition, and by the owners, of all 'damaged, ' propertytharein, which approvals shall not be unreasonábly withheld.
I. The Board of Directors of the Association shall
have the right to designate a person who may enter upon a
lot for inspection purposes. ßaid right oJ entry to be only
at reasonable times and at reasonable interva'is and, where'practicable, with prior written notice to the owner of sucn
lot.J. No agreement made by the Association may affect the
right of any prior mortgagee of the described property.
ARTICLE V
oi~ER i S PAYMENTS
Each owner shall be responsible for his own dwelling
unit i 5 utii~ty costs (excluding water) i ad valorem taxes(for both the dwelling unit and the owner's undivided
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interest in the Common Areas and Private Drainage Easement),
appliance repairs, including, '.but not limited to,refrigeration units, refrigerator" furnace, fans, stove,
water peater, dishwasher, disposal and all other appliances
for repair and upkeep within his own dwelling unit, and roof
maintenance and repairs for his d\o/elling unit. If a roof" must be repaired or replaced, it shall conform to the same
architectural design and style of the original roof.
Each owner, if found legally responsible under Arizona
State Law ¡ ~haii be responsible for and pay for all damage
he, his guests or employees may cause to his or any other
owner's property or to the property held in €ommon.
-- . ARTICi. Vl
EXTERIOR MAlNTENANCE
In addition to 'maintenance upon the Common Areas -ànd
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Private Drainage Easement, the Association shaii provide
maintenance or repair upon buildings, fences, walls or other
structures. (excluding glass surfaces, roofs, airconditioning and heating equipment, exterior antennas, party
wallsG and landscaping within patio6~1g
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units), and upon the trees, shrubs, grass;'walks and other
eicterior items upon any dwelling unit. When.; 'in the opinion
of the Association, the same .is required through the willful
or negligent act of the owner, his fámily, or guests, or
invitees, the cost of such mdintenance or repairs shall be
added to and become part of the assessment to which such
dwelling unit is subject. An owner shall' not do anypainting of the exterior portions of his dwelling unit,
including fences, without the prior approval of a majority
of the members of the Board of Directors.
ARTICLE VII
PARTY HALLS
A. General Rules of Law to Apply. Each wall,including p~tìo walls, which is puilt as a part of, the
original construction or a building upon the properties and
placed on the dividing line between the dwelling units shall
consti tute a party wall, and, to the extent not inconsistent
wi th the provisions of this Article, the general rules of
law regarding party walls and liability for property damage
due to negligence or willful acts or omissions shall apply
thereto~¡ B. Sharinq of Reoair and Maintenance. The cost of
reasonable repair and maintenance of a party wall shall be
shared equaiiy by the owners of the dwelling units which are
,:, divided bY.r,the said wall ~
~';' 'c~ Destruction by Fire or Other Casualtyw If a party
wall is destroyed or damaged by fire or other casualty, any
owner who has used the wall ma.¥,'restore it, he/they shall
contribute to the costs of restoration thereof in pro~ortion
to such use withou,t prejudice, however, to the 'right of any
such owners to call for a larger contribution from the
.',
others under any rule of law regarding liabili ty for'negligent or willful acts or omissions.
D. Wea therproof inq.Notwi tho tanding any other
provision of this paragraph, an Owner who, by his negligent
6913 /let 37021
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or willful acts causes the party wall to be exposed to the,
elements shall beur the whole cost of f~i~ishing the
necessary protection against such elements.
E. Arbi tration. In the event of any d~5pute arising
concerning a party wall, or under the provisions .of this
paragraph, each party shall choose one arbitrator and the
two arbitrators shall choose a third arbitrator, and the
decision shall be by a majority or" all the ai:bi~rators~
Po Private Agreements. No private agreements between
any owners may modify the terms and provisions ,of this
Declaration"
ARTICLE VIII
ARCHITECTURAL CONTROL
After the original buildings, fences, walls or other
structures have been built upon a lot, no building, -fence,
wall or other structure shall be commenced, erected or
maintained upon the properties, nor shall any exterior
addition to or change or alteration ther,eto be made until
the plans and specifications showing the nature, kind,shape, heightGmaterials and location of the same 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 a majority vote of the members
of the Board of Directors of the Association. Said Board of
Directors shwll have the right to deny approval of any' plans
or specifications which are not, in its opinion, suitable or
desirable for aesthetic or any other reasons *
ARTICLE -ix
EASEMENTlJ
Easements for installation and maintenance of utilities
and drainage facilities ûre recorded on the plat and in
addition thereto, easements for installation and maintenancè,
of sewer8~ utilities ~ ~nd drainage 'facilit~cs are reserved
in and along the Common Areas and roadways within, said
parcels. Within these casements, no bui lding shall 'be
6318 ti,( 37122
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piàced or permitted to remain which may damage ~r interfere
wlth the installation and maintenance of said utilities,sewers and drainage facilities. The eaSement area ,of eachdwelling unit and all improvements on it shaii be maintained
continuously by the owner of the dwelling unit, except for
,t,hose improvements for which a public authority or utility
company is responsible l and except as otherwise provided in
Article VI hereof ~
IIRTI CLE X
GENERAL PROVISIONS
II, Enforcement. The Association, or any owner, shall
have the right to enforce, by any proceeding at law or in
equi ty, all restrictions, condi tions, Covenants,reservations, liens, or charges now or hereafter imposed by
the provisions of this Declaration. Failure by theAssociation or by any owner to enforce any covenant or
restriction herein contained shall in no event be deemed a
waiver of the right to do so thereafter~
B, Severabilitv. Invalidation of anyone of these
Covenants or restrictions by judgment or court order shall
in no way affect any other provisions which. shall remain in
full force and effect.
C. Amendment. The covenants Bnd restrictions of this
Declaration shall run wi th and bind the land and shall inure
to the benefit of and be enforceable by the Association, or
ythe Owner of any dwelling unit subject to this Declaration,
their respective legal representatives, heirs, SUCcessors
'and assigns, for a ter-m 'of thi.rty (30) years from the datethis Declaration 'is recorded, after which timo ßaidcovenants shall be ~utomaticaiiy extended for successive
periods of ten (10) Vears. The~;èõveñants""nd~::rE1st'rtZt"'i8n1's
".':""!':l~:'''~?ë~~,:",~,":,,:~_~r_,: '~,r~ __ ....-e-:T7~'7T'~. _:~;i;~Yi:~3::r:::i-:)';:;:"\ i/~-,,",t"~');i;:;(¡j-~~;:k'Yi'F::;:\'&t;,\:~::~~~:j~~~\1'óy..,:dth1s"':pec-iara t i~:m~:~y::';b~-_',-'~m-èndeci 'dur 1. 09. -thé:?:.:íi.'r~t':~:-;thi:èty";".,;_:';'.:';;._'_;:'''''''.:~."'''''''",-':"i"",,,~,'',..._.'~-';"'''''''''';4"",';;''2i''''~',;.,;,-,ù",.c","-~;,_;;\,,;,,::';;.¿'''.'-_.o''~.~._'-''''-~'~''-_'''''"''.''''':''''_.~.l
"(3 OT-":"y~~~¿__-peri'ô -j~y.~~AIl_~=rn:~:tt--~~rit:'rši~:n'dd=I;:2:~hgt-__:l1~:~'_':):Iff~W
,.:. '-'-'.':":~~ ,..":..-.,._.,...-,._.,:~'-"~_..--.._----._'::c:-C"'..':':_:""-::":C:"''''C-''ë'-"~':~''':-C"'''':7_-e''':'':'''R~''"'~:'7'::ê7_7:;~¡n irie t y . per cc n,t .' !":~_~, t~.? ~.:~~,~,~~:"s.~-,i:_,=.::~, ~?.cfL~~~.t4,"~,,,Cll'Út!..!1n.~j;~~BJ.t s
c,__.." ~_______ ~_____~____~____~~___~_,. __~~_~_'iÙ1if "'-Eh-ì.Ù.ãrfe.'r.-'-' oy- -án- ins-tiurnent ~iÇJn'eØ ,§x..:; not .1~_§,~ .:.~~h_~.nl
6918 rlG¡ 3722i
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D. Interpretation. The provisions of this Dec~aration
shall be liberally construed to effectuate the purposes and
designs herein stated.E. Rule againstPeroetulties. In the event the
provisions hereunder are declared void by a court of competent
jurisdiction by reason or the period or time here1n stated
ror which the same shall be effective, then and in that event,
said periods of time shall be reduced to a period ór time
which shall not violate the rules against perpetuities as set
forth in the laws or the State of Arizona.
F. No provision contained herein, nor. any amendment
hereto, shall be'construed to prevent or limit Developerts
right to complete development ör tae prope~ty and construction
or improvements thereon, nor Developer i s right to maintain
model homes, construction, sales or leasing offices or similar
..,. . facilities on the property, nor Developerts right to post
signs incidental to construction, sales or leasing.
G. Addl tional residential property and Common Areas may
be annexed to the property hereby subjected to this Declaration
with the consent or two-thirds (2/3) of each class or members. .
H. As long as any Class B membership remains outstanding,
the following actions will require the prior written approvalor HUD and/ór the Veterans Administration: annexation of any
addi tional property, dedication of, any or the Common A'reas
for publtc use and amendment or this Declaration.'
"
24 6948 rif. 373
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START TITl & TRUsiOf TUCSON j
p, 0, BOX 4Z200ir-,"~
TUCSON, Mil 85733 Vk
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REOCTION OF DECLARATION
OF COVENANS, CONDITIONS AND RESTRICTIONS
DESERT ANCHOR TOWNHOUSES
Stewart Title' Trust of 'l(,:son, an Arizona
corporation, as Trustee under Trust No. 2145, as the sole
lowner f)f the real property referred to, dt'scribed and sub-
mitted to that certain declaration of covenants, conditionsìl and restrictions for Desert Anchor Townhouses, dated
Septemer.-" ,..n.. ..._._......___~._
26, 1980 and recor4eá Decemer la, 1980 i~._.__.-\._--........ . " )
Book 6423 at page 2030, of the' records ot the'.County Re-
corder cf Pima County, Arizona does hereb¡ revoke, with-
draw and terminate said declaration of covenants, con-
di tiona and restrictions in their entirety.
IN WITNESS WHEREOF, the undetsigned hdS executed, R iithis ~ day Of,, "'"~rthese presents as of
1983"
STEWART TITLE & TRUST OF TUCSON,an Arizona corporation, asTrustee under Trust No. 2145,as Trustee only and not J.i: itscorporate capacity
BY~P ~~/A.J. Trust 0 f er
STATE OF ARIZONA), ) e..County of Pima )
On this 13th day of ,T.:niiry i 19 -s before me,the undersigned Noti Public, personally appearedWanda Oannenfelser , who acknowledged himself to be theTrust Off1 cer of STEWART TITLE' TRUST OFTDCSON, an Arizona corpration, and ~ho being duly authorizedto do so, executed the foregoing instrument for the purposestherein contained and in the capacity tlierein stated., i' ,l~,-Given unde~ my hand and seal al office ,~~~1 ~day of January 19 -s. . .....
.'.., "'': . ~
My CommiS5ion Exires ~
;).; . (.~.o- J _~-~- ' '" ',.. ,4t' '. -~.. '...Jll.... ö. ,:.,.J....~-"".. ..,. (.,...., '.f 113/15/84
6348 l" 312
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Dec larat ion
3~J. day of
or Covenants. Conditions. and Restrictions this
g,~~,~l.,( , , 19i:.STEWART TITL~ & TRUST OFTUCSON. an Ar~zona cor-poration, 8S" Trustee underTrust No. 2)45. as Trusteeonly and not In its cor-porate capacity
o ~--:~~~, 'Trust Office! .
By
STATE OF ARIZONA55,
County of Pima
On this -- day of c)ñniiñrv ,19... before me, theundersigned Notary Public i personally appeared Wanda
Dannenfel~, who acknowledged himself to be theTrust Officerof STE\'¡ART TITLE &: TRUST OF TUCSON, an Arizonacorporation. and who being duly authorized to do 30, executedthe foregoing instrument for the purposes therein containedand in the capacity therein stated.
"
Given under my hand and seal or office thisJanuárv 19 -1. .l day 0 r
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'r, i¿;'" ;.~
Not ary..' ~ v,V' ,f)::'::.l~.~.... "....,
~..... ,,~ \ ..~ ',..,'.....- .'0(' ....:'My Commission Expires:
3/15/84 '
Pursuant to Section 33-401, ARSi the names and addresses orthe beneficiaries as disclosed by the records of said Trustare as f'o11ows:
;~~ SABINO VISTA DEVELOPMENTS, INC,% Chesin Construction Co.7000 ~ Tanque Verde Rd.Tucson, Arizona 85715
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Doo~l¿Lllx_,_ ..,,3.O.l.'....,..,,,___JA 1l¡-'8J-8 AM-R'Qu~i ~
..~~d;,:L~,& ¡,US! Of T'-;s.¿¡
!.ATl Of I\R1ZONA ¡..,
COUNTY or PIMA
WIIMu my h6nd ønd Omcli.t Sui,
¡ndott! Pi.¡(d----()g 8 f!t ;~~__J ""~
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Pursuant to Section 33-~Olt ARS, the names and addressesof the beneficiari~a as disclosed by the records of saidTrust are as ton..ows:
SABINO VISTA DEVLOPMENTS, INC,% Chesin Construction Co.1000 E. Tanque Verde Rd.Tucson, Arizona 85715
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STATZ OF ARIZONA 1_
COUN 01' PfM rWltneu my hand and Ot'cld Sq.).
N.
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6948 rlGf 313
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