cadden.com · vehicle, nor shall any boat, motor home, or recreational vehicle be permitted to be...

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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 ('"',q~l,,,ý IJ ú 19 ~3, S'I'E'rART TITL': & T'RU.::T OP TUCSON, an Arizona cor- por~tion. 3S Trustee under Trust rJo, 2)~S. as Trustee only ~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, the unders1Gned Notary Public i pe;'~(:r:a2.1y D.;:pe2;-eè h'anOJ Oannerifeher . who ackr.owledsed hi:;se2.f to be the Tni~t Offjt:f'rGf STEWART TITLE & TRUST OF TUCSON, an Arizona corpOr~tlon. Uiid who ~elng duly aU~hor~zed to do 30, executed the foresolng instrument fo~ the pu:'poses t~erein contained and in tIie capacIty therein stated_ G 1 veii under my ha~d J,:nU,) rv 19.., a~d ~e~l or of ~~C~ th13 ~ day /" '~( ~ .:\:'£"" l- Ui, _'\ 1/ ~',' , "; i i-()l,1.//.(,-- . ,:¡//~ 1: Nota.:,' ?L.~':.:0 ,..l v, ',1; ) of ~;:.. CC;;-:1.ssion E.xpj.l'es: 3/;:i/S'ì '- c .,.:,\... v,:¡\' .. Pur~uallt to SectIon 33-401, An:. t~~ ~~~~= and a~j~es~e= of the 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 2S u-A7:C or Af,,:O:;A i~ C'~'~'-7Y or P;.l.IA ""l'~'''' "'r :14;.i onõ O.-:c1.1 s(o;. ) :\.; , . ,,~ ",,,,, tn~,,~ 53, 8 ;~,l ~7'1J ~~ ,~.~ . ..

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Page 1: cadden.com · 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

----..-----~-.._---

" .--:'\

Ad "'.'"'~---- ,';,_;i:.vl", ~:".: L',-,-...J,'"UL Ii~,~ '-'.\c.",i;:,,:C~ :':ii..

~ de¡:- ~~~;.:y or

Oeclarntion or Covenants, Condltlon~. and Re~trictions thIs

('"',q~l,,,ýIJ ú 19 ~3,

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

/" '~( ~ .:\:'£""l- Ui, _'\ 1/ ~',' , ";i i-()l,1.//.(,-- . ,:¡//~ 1:Nota.:,' ?L.~':.:0 ,..l v, ',1;

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of

~;:.. CC;;-:1.ssion E.xpj.l'es:

3/;:i/S'ì '-

c.,.:,\...v,:¡\'..

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

2S

u-A7:C or Af,,:O:;A

i~C'~'~'-7Y or P;.l.IA""l'~'''' "'r :14;.i onõ O.-:c1.1 s(o;.

) :\.; , . ,,~

",,,,, tn~,,~53, 8 ;~,l ~7'1J~~ ,~.~ . ..

Page 2: cadden.com · 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

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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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6948,,11 3523

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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

56~'¡8 ",1 354

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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.

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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-,

Page 11: cadden.com · 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

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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,

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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

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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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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

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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

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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.

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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

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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

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c,__.." ~_______ ~_____~____~____~~___~_,. __~~_~_'iÙ1if "'-Eh-ì.Ù.ãrfe.'r.-'-' oy- -án- ins-tiurnent ~iÇJn'eØ ,§x..:; not .1~_§,~ .:.~~h_~.nl

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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.'

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24 6948 rif. 373

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START TITl & TRUsiOf TUCSON j

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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

Page 27: cadden.com · 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

'J" -,.

/

it.,

.l:l .1J.'~';;L..."; ;"li;;:,\l.;..i.W. :110. LJt.Ll~l:"llt; ii'-~ eX0":U;;i.U :.~il..

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

~.':;:~:.:..::/:~.... .. .. ')1''1,'"

'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

"

,.~ '

¡~

(i;\

-- .. (y;

"

25

.- ,,-,,---...~~. ---,~"'4194No, _/

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 ""~

!J''H,C_'.

Page 28: cadden.com · 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

(- ( ,

(

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

-

c:

STATZ OF ARIZONA 1_

COUN 01' PfM rWltneu my hand and Ot'cld Sq.).

N.

1- Indelted Piied Blotte

¡

_0.....1.

6948 rlGf 313

-2-

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