COVENANTS, CONDITIONS & RESTRICTIONS prepared for :
13614 & 13620 N. Hawthorne Sun City, AZ 85351
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AWA R E OF
IN THE REAL ESTATE CLOSING PROCESS
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IMPORTANT -- PLEASE READ CAREFULLY:
This report is not an insured product or service or a representation of the condition of title to real property. It is not an abstract, legal opinion, opinion of title, title insurance commitment or preliminary report, or any form of Title Insurance or Guaranty. This report is issued exclusively for the benefit of the Applicant therefor and may not be used or relied upon by any other person. This report may not be reproduced in any manner without First Americans prior written consent. First American does not represent or warrant that the information herein is complete or free from error, and the information herein is provided without any warranties of any kind, as-is, and with all faults. As a material part of the consideration given in exchange for the issuance of this report, recipient agrees that First Americans sole liability for any loss or damage caused by an error or omission due to inaccurate information or negligence in preparing this report shall be limited to the fee charged for the report. Recipient accepts this report with this limitation and agrees that First American would not have issued this report but for the limitation of liability described above. First American makes no representation or warranty as to the legality or propriety of recipient's use of the information herein.
19690819_DKT_7745_734_Unofficial Document
County of Maricopa
tiled and re.
10
STATE OF ARIZONAS0S
aioK a
I hereby certify that the with.
in instrument was filed and re.
a
corded at reQUCURANCE & TRU ARIZONA TITLE I ARZON.96-112 0 AUG
7745
That ARIZONA TITLE INSURANCE AND TRUST COMPANY,
as
in Docket
pape734.70 141
KNOW ALL MEN BY THESE PRESENTS:
Conly Recorder
200
Deuty Recosder
OF
MANAGEMENT AND
Mata
DECLARATION OF RESTRICTIONS,
on
149558 24-R. AGR.
BOARD OF
Witness nanghand official seai the day ind yer a.oresaid.
PuulN.
CA1 7745 % 734
corporation,
Trustee, being the owner of all the following described pre.nises situated in
Maricopa County, Arizona, to wit:
TRACT "K" and LOTS 179 through 194, both inclusive, SUN CITY UNIT TWENTY (20),
асcording
to a plat thereof recorded in the office of the County
Recorder in Book thereof,
125
of Maps, at Page 12
and desiring to establish the nature of the use and enjoyment thereof, for the purposes
of joint management among the grantees thereof,
as to
the units thereon
and the sur rounding premises and areas and other buildings does hereby declare
said property subject to the following expressed conditions and stipulations as to the use and enjoyment thereof, and as to the establishment of a perpetual lien for the enforcement thereof,
1.
as
follows:
No buildings except multi-family residential dwellings, storage buildings dwellings shall be crected, maintained,
and carports for use in connection with such or
permitted on said tracts or portionsthereof. No dwelling shall be used except multi-family dwelling. A multi-family residential dwelling shall consist of
as a
two single-family
residential units.
The front line of any building crected on said lots within the tracts shall closer than twenty (20) fect to the street right-of-way line, excepting that any altached open porch, carport, or balcony may project not more than five (5) feet into any minimum front yard and the side walls of any building shall not be closer than five (5) feet to the said street right-of-way line and not closer than ten (10) feet to the side street right-of-way line. The carport and storage room if attached to the walls of the dwelling may be placed not closer than five (5) feet to any interior side No tract property line and not closer than ten {10) feet to a side tract property line.
2.
not be
portion of buildings bordering a golf course shall be placed closer than eighteen {18)
feet to the boundary line of said golf course.
3.
No house trailer or camper, and no temporary or permanent building of any
nature detached from the dwellings shall be built,
erected, placed or maintained on said
other than storage buildings and covered carports. No house trailer or camper shall be permitted to remain on any lot, or remain parked adjacent thereto, for a period in excess of forty-cight (48) hours.
4.
No store,
office, or other place of business of any kind, and no hospital,
sanatorium or other place for the care or treatment of the physically or mentally ill, nor any theater, saloon or other place of entertainment shall be crected or per-
Initted upon said tracts, and no business of any kind be conducted in or from the buildings located on
.1-
or
character whatsocver shall
said tracts or from said tracts.
19690819_DKT_7745_734_8
CAT 7745
735
livestock, and no pigeons, chickens, ducks, turkeys, or other poultry shal! ever be kept upon said tracts. All dogs and cats shall be confined to owners' portion of said tracts and shall not be permitted No swine, horses,
5.
cows or other
to run free.
6. No solid wall, fence, or hedge shall be erected or maintained nearer to the front property line than the walls, attached open porch, carport, or balcony of the dwelling erected on said tracts. No side or rear wall or fence, other than the wall of
building constructed on said tracts, shall be more than six (6) feet in height. No hedge located on any portion of any lot or tract shall be permitted to be more than three (3) feet in height. Owners of units bordering a golf course shall not erect or maintain a wall or fence of any nature with a greater height than three (3) feet within cighteen (18) feet of the rear property line. Landscaping shall be planned for any units bordering a golf course so as to avoid undue obstruction of the view of a golf a
course from
7.
said units.
No prefabricated building or structure of any nature whatsocver, permanent
temporary, shall be moved or placed upon or assembled or otherwise maintained on said tracts; provided, however, that a temporary office, tool shed, saw shed, lumber shed and sales office may be maintained upon said tracts by any building contractor for
or
the purpose of erecting and selling dwellings
on
said tracts, but such temporary structures
shall be removed upon completion of construction or of selling of dwellings,
later occurs.
8.
whichever
All clothes lines, equipmeoicialDourece yards, wood piles or storage piles
shall be kept screened by adequate planting so as to conceal them from view of neigh-
boring lots, streets, or golf course property. All rubbish, trash or garbage shall be removed from the tracts and shall not be allowed to accumulate thercon, and shail not be burned except by use of incinerator and then only during the hours so specified by the governing authority.
9. Each residential unit shall be a separately designated and legally described frechold estate consisting of a parcel and the improvements thereon, and an undivided interest in the common elements of the tract of which said parcel shall be a part.
A. That, in order to promote and maintain efficiency and cooperation for the full enjoyment of any of the grantees of the units on the above property, a Board of Management be, and the same is hereby established and created as follows: B. The Board of Management shall consist of three (3) Managers who shall choose a chairman from among them. C. The initial Board of Management, effective as of the date of these presents, shall consist of the following three employees of Del E. Webb Development Co., equitable owner and developer of the herein described premises, J. W. MEEKER, O. F. CHILDRESS and W. MATTHEWS, who shall serve until sixty (60%) percent of the units on the above property have been sold, at which time such Board shall thereupon cause an elcction to be held among the owners of such units, who shall elect a new Board from among the owners of all the units. Thereafter, annual elections shali be held for the purpose of electing a Board of Management under such rules and regulations as shall be adopted by such Board, or fifty-one (51%) percent of the owners of such units. The Managers so clected shall serve for a term of one year, without pay. Del E. Webb Development Co. shall have the right to substitute or appoint new members
to the initial Board of
Management from time to time in the event one or more of the
herein named individuals shall become unable or unwilling to continue to serve in such
capacity, or is no longer an employce of said corporation. D.
For the purpose of election, cach unit shall constitute one voting
-2-
19690819_DKT_7745_734_8
A 7:36
C: 7745
unit, it being understood that the owners of cach unit sall be entitled to one yote anong them regardless of the number of grantees who may own such uni!.
E.
A majority vote of the Managers shall entitle said Board to carry of the owner's of the units.
out action on behalf
10.
The "common elements" shall be
defined as including, but not limited to,
land not otherwis e specifically conveyed with individual units, community and com-
mercial facilities, if any, swimming pools, pumps, trees, pavements, streets, pipes, wires, conduits and other public utility lines. No building shall be constructed on any part of the common elements.
11.
No exterior
additions,
or
alterations to any building,
nor
changes in fences,
hedges, walls and other structures including, but not limited to color thereof, shall be comimenced, erected or maintained until the plans and specifications showing the nature, kind, shape, height, materials, location and approximate cost of same, shall have been submitted to and approved in writing as to conformity and harmony of
external design and location with existing structures in the property by an architectural
committee composed of the Board of Management,
or
by a representative designated
by the Board of Management. The members of such committee shall not be entitled to compensation for services performed pursuant to this paragraph. No such additions alterations shall he permitted by any owner until the initial Board of Management
or
has been established.
12. The Board of Management stunom Document the following rights and powers: A.
To levy monthly assessments,
B.
To use and expend the assessments collected to maintain,
C.
Тo рay taxes and assessments levied and assessed against real
residential unit.
and preserve the common elements, than interior of the buildings).
payable in advance, against each
care for
buildings, grounds and improvements (other
property, and such equipment and tools, supplies, and other personal property as owned by the Board of Management for the common benefit of all unit owners.
are
as
D. To pay for water, insurance, sewerage and other utilities and expenses shall be designated by the Board.
E.
To enter into and upon the units when necessary, and at as little
inconvenience to the owners of the units concerned as possible, in connection with the duties of the Board outlined herein.
F.
To repair and replace facilities,
machinery and equipment as is
necessary and convenient, in the discretion of the
Board.
G. To provide for the construction of additional recreational and other facilities, from time to time, as in their discretion appears to be in the best interest of the owners and the project. Any such construction, improvement s or additions shall be authorized by a majority vote of the Board of Management at a duly called meeting at which a quorum is present. common
H. To insure, and keep insured, all buildings and improvements on the property, and the owners thereof, against loss from fire or other casualty, and to purchase same and such other insurance as the Board may deem advisable. Such insurance
may, at the discretion of the Board, be taken in the name of the Board for
-3-
19690819_DKT_7745_734_8
CKI 7745
the benefit of all the unit owners.
in such other manier as the Board may deem
In the event any of such insurance proceeds are insufficient to repair
advisable. or
or
7:37
replace loss or damage. to levy an additional assessment in proportionate
atnounts as to each unit to cover such deficiency.
1.
To
collect delinquent assessments by suit or otherwise, and to enjoin
seek damages from the owners of the units for violations of the covenants hercin contained on the part of the owners to be performed, or for violation of the rules hereinafter referred to. or
J.
To protect and defend the property from loss and damage
K.
To
by suit or
otherwise.
employ and dismiss workmen, maids, janitors, gardeners, lawyers,
accountants and any others necessary to carry out the rights and powers herein granted and to purchase supplies and equipmen, to enter into contracts and generally to have the powers of an apartment house manager in connection with the matters hereinbefore set forth, except that the Board, nor any officer elected thereby, may not encumber or dispose of the interest of any owner except in order to satisfy a judgment a gainst such owner for violation of the owner's covenants imposed by these restrictions. L.
To make reasonable rules and to amend the same from time to time,
and such rules and amendments shall be a
binding upon the owners when the owners of
majority of the units have approved them in writing. A copy of such rules and all
amendments shall be delivered tCunoficial Document it.
To create an assessment fund into which the Board sha ll place all
M. sums
collected by assessments or otherwise, the assessment fund to be used and
expended for the purposes herein set forth. N.
To render to the
Ο.
To appoint officers and agents to carry out the business of the Board.
P.
To enter into or renew agreements with persons or firms to manage
owners
semi-annual statements of receipts and ex-
penditures.
the
units and carry out the rights and powers herein granted to the Board. 13.
In the event any common area
or common
element (exclusive of any party
wall), carport or storage facility is damaged or destroyed through the negligent or
culpable act of an owner or any guests, agents, or members of his family, such does hereby irrevocably authorize the Board of Mana gement to repair said damaged area or element, resident's unit, carport, or storage facility, and the Board shall so repair such said damaged area or element, unit, carport or storage facility. The owner shall then repay the Board of Management in the amount a ctually expended
owner
for said repairs.
A. Each unit owner further agrees that these charges for repairs, if
not paid within ten (10) days after completion of the
work, shall beceme a lien upon
said owner's residence unit and percentage ownership of the common elements and shall continuc to be such lien until fully paid. The amount owed by said owner to the Board shall be a debt, and shall be collectible by any lawful procedure allowed by the
laws
of the State of Arizona.
Fach such owner, by his acceptance of a deed to a residence unit, which such deed shall recite that it is subject to the covenants, conditions and restrictions B.
-4-
19690819_DKT_7745_734_8
OKT 7745
738
herein set forth in this instrument, hereby expressly vests in the Board or its agents the right and power to bring all actions against such owner for the collection of such charges and to enforce the aforesaid lien by all methods available for the enforcement of such liens and such owner hereby expressly grants to the Board a
power of sale in connection with said lien.
C. In the event of a a dispute between an owner and the Board of Manageinent with respect to the cause of damage or to the extent of repairs necessitated or with respect to the cost thereof, then upon written request of the owner addressed to the
Board, the matter shall be submitted to arbitration under such rules as may
from time to time be adopted by the Board. If no such rules have been adopted, then the matter shall be submitted to threc arbitrators, one chosen by the Board and one chosen by the owner..
These two arbitrators shall then choose a third arbitrator.
of the third arbitrator, then by Judge of the Superior Court of Maricopa County, Arizona. A determination by any two of the threc arbitrators shall be binding upon the owner and the Board, who If the two arbitrators cannot agree as to the selection
any
shall share the cost of arbitration equally.
In the event
one
party fails to choose an
arbitrator within ten (10) days after receipt of a request in writing for arbitration from the other party, then said other party shall have the right ano power to choose both arbitrators. There is hereby created a blanket easement upon, across,
14.
over
and under
the above-described premises for ingress, egress, replacing, repairing and maintaining all utilities, including but not limited to water and electricity. By virtue of this easement, it shall be expressly permitted for the providing electricity company to erect and maintain the necessary telephone poles and other necessary equipment on
on,
said property and to affix and maintain electricalwires, circuits, above, 15.
across
and conduits
and under the roofs and exterior walls of the residentiai units.
The responsibility for maintenance of electricity,
utilities shall remain with the
owners
plumbing and other
of the units in the same manner as is normal
and customary with owners of single family residences.
16. an
Each 1o
and the common elements adjacent thereto shall be subject to
easement for encroachments,
created by construction, settling and overhangs
designed or constructed by the original builder.
as
A valid casement for said encroach-
ments and for the maintenance of same, so long as it shall and does exist.
In the
event the multi-family structure is partially or totally destroyed, and then rebuilt, the owners of the units agree that minor encroachments of parts of the adjacent re-
sidential units or common elements due to construction shali be permitted and that valid easement for said encroachment and the maintenance thereof shall exist.
a
17. An initial exterior maintenance assessment is hereby levied against each residential unit covered by these restrictions in a sum equal to six (6) times the monthly assessment rate established by the Board of Management for each such resiThe said dential unit immediately preceding the time of the initial sale thereof. initial assessment shall be paid by the initial purchaser of each residential unit on the above described property to the Board of Management through escrow at the closing
thereof; provided, however, neither this initial assessment, nor any other assessment thereafter made, nor any lien established to assure collection thereof shall apply to the undersigned, but shall apply only to purchasers of said residential units and their successors.
18.
That
for the purpose of enforcing these presents, the Board of Management
and its successors arc hereby granted, a lien against the interest of any grantee of any unit, his heirs, executors, administrators or assigns, to secure the faithful
5
19690819_DKT_7745_734_8
OI 7745 PAA 7:39
perfornance of each and every term and condition set forth herein, and in the event of non-performance or default by any such grantee, the lien against the interest
nay be foreclosed by the Board of Management in the realty mortgage and that any redemption thereaſter shall, never-
of such grantee in said unit manner as a
same
theless, be subject to the lien herein created as to other or future events or non-
performance or default; provided, however, it is specifically understood and agreed that any lien herein created or which at any tine accrues by virtue of the provisions hereof, and the terms hereof, shall at all times be subordinate and inferior to the lien and the terms and conditions of any bona fide mortgage in which a a lending institution is the mortgagee, whether such mortgage be now in existence or be hereafter made and placed against all
the
improvements thereon.
or
any portion of the above described premises and
It is the intention that the lien herein created shall be
secondary and subordinate to any such bona fide institutional mortgage lien regard-
less of the time such mortgage lien is
19.
placed of record.
That none of the said units shall be sold or leased,
or
underlet, and such
sale, lease or underletting shall be void unless the purchaser, tenant or subtenant shall be first approved bythe Board of Management. Said Board of Management shall
be given notice in writing of any proposed sale, lease or sublease, and shall at once deliver written notice thereof to the owner of each unit located on any portion of the above-described premises. Said Board of Management shall have fifteen (15) days
after receiving such notice to approve or disapprove the same, and within said fifteen (15) day period shall have the option to purchase, lease, or sublcase the
same, as the case may be, for and on behalf of the consenting owners of the other units on the same terms under which the owner proposes to sell, lease or sublease,
case may be. In the event the said Board of Management shall neither approve disapprove the proposed sale, lease or sublease within the said fifteen (15) day period, the same shall be deemed to be approved. as the nor
The
provisions of this paragraph numbered 19 shall not apply to or be en-
forceable by the Board of Management or any person, partnership, association or
corporation (a) with respect to a sale, transfer or conveyance of any parcel of the above described premises to any person, parinership, association or corporation
pursuant to a judgment or foreclosure of a mortgage of record thereon by an institutional lender, or (b) where a proposed sale, transfer, conveyance or lease to any
person,partnership, association or corporation by an institutional lender which has
acquired tile to any parcel of the above described premises by virtue of foreclosure by it of a morlgage of record upon such parcel has been disapproved by said Board of
Management and said Board of Management has failed during said fifteen (15) day
period to purchase or lease the same, as the case may be,
conditions under which said institutional lender proposes to
lease the
20.
and sell, transfer, convey or
on the same terms
same.
A.
That all dividing walls now or hereafter constructed between any two (2)
units on the above property shall be considered party walls, and shall be deemed to
belong to the respective commen owners as tenants in common, and shall be used
for the common purpose of the units separated thereby.
The preservation and struc-
of said party walls, except for interior decoration, shall be No the joint duty and obligation of the persons using the particular party wall. structural changes in any of one said party walls shall be undertaken without the prior written consent and approval of the Board of Management and each of the users of the particular party wall. turat repair of any one
B.
In the event any such party wall is damaged or destroyed through the
act of one adjoining owner, or any of his
guests or agents or members of his family (vhether or not such act is negligent or otherwise culpable) so as to deprive the
-6-
19690819_DKT_7745_734_8
Á
7745 Pxы 740
other adjoining owner of the full use and enjoyment of such party wall, then the first of such owners shall forthwith proceed to rebuild and repair the same to as
good condition as formerly, without cost to the adjoining owner. In the event any such party wall is damaged or
destroyed by owners, his agents, guests or family (including ordinary wear and tear and deterioration from lapse of time), then in such event, both such adjoining owners shall proceed forthwith to rebuild or repair the same to as good condition as formerly at thcir joint and equal expense. C.
some cause,
other than the-act of one of the adjoining
D. In the event of a dispute between owners with respect to the repair or rebuilding of a party wall or with respect to the sharing of the cost thereof, then upon written request of one of such owners addressed to the Board of Management, the matter shall be submitted to arbitration under such rules as may from time to time be adopted by the Board of Management. If no such rules have been adoptcd, then the matter shall be sebmitted to three (3) arbitrators, one chosen by each of the owners and the third by the two so chosen, or if they cannot agree within five (5) days, then by any Judge of the Superior Cour: of Maricopa County, Arizona. A determination of the matter signed by any two arbiters shall te binding upon all parties involved in the subject dispute. The cost of arbitration shall be shared equally by the two owners involved in the dispute.
E.
These covenants shall be binding upon the heirs and assigns of
any owners, but no person shall be liunofialDocument any act or
party wall except such as took place while an owner. 21.
any person,
omission respecting any
The right of partition or to scek parlition shall not be available to
partnership,. association or corporation owning any interest of any
kind whatsocver in and to all or any portion of the above-described premises. 22.
are
That any and all prior restrictions on said property be, and the same
hereby ratified, approved and confirmed.
23. The Sun City Home Owners Association, or its successor, may, but shall not be obligated to, enforce these restrictions upon receipt of a written request from the owner or owners of one or more of the units covered hereby. Such written
request shall explain in detail the violation hereof alleged.
In the event the Associa-
tion elects to act upon a request received pursuant to this paragraph, the Association shall have the right to enforce these restrictions in its own nane on behalf of the owner or owners who
submitted the request to the Association.
The foregoing restrictions and covenants run with the land and shall be
binding on all persons owning real property therein for a period of thirty (30)
years following the date these restrictions
are
recorded,
after which time
said
covenants shall be automatically extended for successive periods of ten (10) years each. These restrictions and covenants may be amended, in whole or in part,
at any time by a
majority vote of the then owners of lots within the
property herein concerned.
Deeds of conveyance of said property or any part thereof may contain the above restrictive covenants by reference to this docuInent but whether or not such reference is made in such deeds or any thercof, each and all of such restrictive covenants shall be valid and binding upon the respective grantees. Violation of any one or more of such covenants may be restrained by any court of competent jurisdiction and damages awarded against such violater, provided, however, that a violation of these restrictive covenants or any one or more of them shall not affect the lien of any mortgage now of record, or which hereafter may be
placed of record, upon said tracts or any part thereof.
-7-
19690819_DKT_7745_734_8
DKI 7745 PG 741
Should any of these restrictive covenants be invalidated by law, regulation
court decree, such invalidity of any such restrictive covenants shall in no way affect the validity of the remainder of the restrictive covenants. or
IN WITNESS WHEREOF, the Arizona Title Insurance and Trust Company,
Trustee, has hereunto caused its corporate name to be signed and its corporate seal to be affixed and the same to be attested by the signature of its duly autho,196 9. August day of 5th rized officer, this
as
ARIZONA TITLE INSURANCE AND TRUST COMPANY ATTEST:
Assistant Vice President
y CaNg vice
resident
STATE OF ARIZONA
) COUNTY OF MARICOРA On this
5th
officer, appeared
ss.
}
day of
August, 1969, before me, the undersigned and
EARL BRIGGS
who acknowledged themselves to be
STANLEY MATHISEN
_
Vice President and Ass't Vice Presidentrespectively of, ARIZONA TITLE INSURANCE AND TRUST COMPANY, a corporation, and that they as such
the
officers, being authorized so to do, executed the foregoing instrument for the
purposes therein contained by signing the name of the corporation as Trustee,
by themselves,
as
such officers.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
asitior
Notary Public in and for said County
My Commis sion Expires:
July 30, 1971
-8-