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DECLARATION OF RESTRICTIONS AND EASEMENTS FOR
BELLA MANTENERE
(Draft Version)
KNOW ALL MEN BY THESE PRESENTS:
That Underwood Leathers Ltd. Inc., a Corporation authorized to
conduct business in Arizona, presently the owner of the property
described as:
Maricopa County Tax Parcel #219-99-012C El Paso & Ft Worth Mining
Claims and Parcel #219-99-012D Dallas Mining Claim.
do hereby declare and establish the following general plan for
the improvement, development, ownership, use and sale of said
property and each and every part thereof, as above described and the
manner, provisions, conditions, restrictions, and covenants upon and
subject to which said property and each and every lot thereof shall
henceforth be used, improved, occupied, owned sold and conveyed, and
all of which shall be binding upon and inure to the benefit of the
owner and future owners of said lots and all thereof and all of
which shall apply to and bind the respective successors in interest
of the present owner and future owners of said lots and all thereof,
and all of which provisions, conditions, restrictions, and covenants
are, and each of them is impressed and imposed upon each and every
parcel and said property as a servitude in favor of each and every
parcel thereof as the dominant tenement or tenements, as follows,
to-wit.
- LOT SIZE
. The minimum lot size allowed for each parcel
shall be 190,000 square feet (approx. 4.36 acres).
- STRUCTURES
. All buildings or structures erected upon
each Lot shall be of new construction and no buildings or
structures shall be moved from other locations onto a lot. No
structures of a temporary character, tent, shack, or other
similar outbuildings shall be constructed, erected, placed or
used on any portion of the Properties at any time for any
purpose whatsoever. No prefabricated houses shall be built upon
any lot.
The private residence shall be complete prior to construction
of any outbuilding, workshop, stable etc. The height of any
structure shall not exceed 30 feet from original natural grade
through any building cross section, measured vertically at any
point along that cross section from original natural grade.
- RESIDENCE
. Each and every lot shall be used primarily
for private residence purposes with one first-class private
single family residence. Every principal residence constructed
on any lot shall have a fully enclosed floor area devoted to
living purposes (exclusive of porches, terraces, garages, and
other out buildings) of not less than 1200 square feet.
- MATERIALS
. Building materials and detailing should
reflect the muted colors, tones, and textures of the surrounding
Upland Sonoran / Chaparral environment. Light reflective values
shall not exceed 40% for all exterior colors. Finished materials
such as fencing, railings, window frames, entry doors, and
fascia may consist of an accent color with a light reflective
value no greater than 55%. It is strongly recommended that fire
prevention be considered in all material selections.
- ROOF MOUNTED EQUIPMENT
. Roof mounted solar panels shall
be mounted at the same slope or parallel to the sloped roof.
Solar panels mounted on a flat roof shall be screened from view
by a roof parapet. Roof mounted Antennas and Satellite Dishes
shall not extend more than 4 feet above roofline. Roof mounted
heating or air-conditioning equipment, evaporative coolers and
any other roof-mounted equipment are prohibited unless specified
above. All ground-mounted equipment, antennas, satellites and
equipment of any kind shall be screened from view by wall or
landscaping and shall not extend above roofline. Generators
shall be contained in sound deadening enclosures.
- LANDSCAPING
. It is strongly recommended that
all-landscaping incorporate Xeriscape principles with drought
resistant native plants.
- OUTDOOR LIGHTING
. The
dominance and enjoyment of the nighttime dark sky is a key
element in maintaining the areas rural character. The use of
exterior lighting can have a cumulative impact that rapidly
erodes stargazing. Exterior lighting should be low-keyed and
emphasized only for safety and security purposes.
A) Outdoor lighting should be focused downward on activity
areas such as pedestrian courtyards and entrances into
buildings.
B) General site lighting and architectural accent lighting
that highlight the building facade is highly discouraged.
C) All exterior lighting in excess of 40 watts shall be
shielded.
ANIMALS. No cattle, sheep, goats, pigs, rabbits, poultry
or livestock, other than horses as specified below, shall be
kept on the properties. No dogs, cats or other animals may be
kept in kennels or similar enclosures on the properties. This
restriction shall not be construed, however, as prohibiting a
reasonable number of ordinary domestic pets as long as such pets
are kept confined in the single-family residence and associated
enclosed areas. No animals may be kept or raised for commercial
purposes. The keeping of horses (or other equines) shall be
allowed providing that:
- The primary residence first exists on the property.
- The horses are for the use of the family residing on the
premises and guests only.
- The number of horses shall be limited to 3 per lot.
- The horse stable or shade structure shall not exceed
1500 square feet (area under roof) with a maximum height of
15 feet and shall maintain a minimum setback of 100 feet
from any lot line. There shall be no more than 1 stable or
shade structure per lot.
- The horse corrals and fences shall maintain a setback of
100 feet from any lot line.
- All stables and shade structures shall be of similar
style & color to primary residence and comply with material
requirements in Article 4.
NUISANCES, RUBBISH ETC. No lot shall be used in whole or
in part for the storage of rubbish of any character whatsoever,
nor for the storage of any property or thing that will cause
such lot to appear in an unclean or untidy condition or that
will be obnoxious otherwise. No obnoxious or offensive activity
shall be carried on or upon any lot, which might disturb the
peace and serenity of surrounding properties including excessive
noise from dirt bikes and ATV's etc.
SIGNS. No signs or billboards shall be permitted with
the exception of temporary construction signs, directional
signs, "For Sale" signs and discreet property entry signs.
CLOTHESLINES, ETC. No clotheslines shall be visible from
neighboring Property. All woodpiles, storage piles, garbage cans
or other such like items shall be walled in or kept screened by
adequate planting or other means in such a manner as to conceal
them from the view of neighboring lots or roads.
DERRICKS / TOWERS. Temporary derricks may be erected for
drilling water wells only. No other derricks or towers are
allowed.
TANKS. Tanks shall be no more than 10' in height and
comply with material specifications in Article 4 and shall be
shielded from other lots by a wall or vegetation.
DISREPAIR. No building, fence, wall, or other structure
shall be permitted to fall into disrepair to the extent it fails
to conform to the general appearance and design of the
neighborhood area and thereby becomes objectionable or
detrimental to property values.
PARKING / STORAGE. Vacant lots shall not be used for parking
or storage of any kind. Upon completion of the primary
residence, parking and/or storing of construction materials,
trailers, tractors, recreational vehicles, motor homes, campers,
boats and similar vehicles must be concealed from the view of
surrounding roads and properties by landscaping, walls or
enclosures.
The use of trailers, recreational vehicles, motorhomes, campers or
boats as permanent living quarters is prohibited. The use of a
travel trailer etc. as temporary quarters is allowed only during
construction of the primary residence for a period not to exceed 6
months.
No vehicle of any type which is abandoned or inoperable shall
be stored or kept on any lot within these parcels in such a
manner as to be seen from any other lot or roadwa
- EASEMENTS
. An easement for ingress-egress across Tonto
National Forest Land, as recorded in Maricopa Co. Doc.
#05-0665578 with results of survey in Book of Maps 572, Pg.21,
is hereby reserved for the benefit of all landowners herein.
Each landowner shall pay their pro-rata share of annual USDA fee
(2005 fee to be split is $150.00).
An easement for ingress-egress and utilities across Maricopa
County Tax Parcel #219-99-012C El Paso & Ft Worth Mining Claims
(to be recorded prior to first parcel being sold) is hereby
reserved for the benefit of all landowners herein.
- ROAD MAINTENANCE
. The aforesaid easements in Article 16
and their corresponding roads shall be kept in good repair and
all costs associated with maintenance shall be split among the
property owners in accordance with their pro-rata share of
ownership.
Under no circumstances shall one property owner encumber the
other owners for expenses other than ordinary upkeep of the
existing roadway unless all owners agree prior to repairs being
started. It is understood and agreed that the terms and
conditions shall be binding upon the heirs, successors and
assignees of the parties hereto.
Only property owners who require access over same shall pay
the costs associated with construction and maintenance of roads
not yet built.
UTILITIES. Power and water are the responsibility of
individual property owners.
MINING. No commercial mining activity shall be allowed
without the agreement from 90% of the landowners.
FIREARMS. The discharge of guns / firearms for
recreational purposes is prohibited.
REMEDIES. The aforesaid provisions, conditions,
restrictions and covenants and each and all thereof shall run
with the land and continue and remain in full force and effect
at all times and against all persons until Jan 1, 2105; provided
however that 90% of the record owners of the lots shall have the
right to amend or change any one or all of these provisions,
restrictions, conditions and covenants.
All provisions, conditions, restrictions, and covenants shall
be binding on all lots and parcels of real estate and the owners
thereof, regardless of the source of title of such owners, and
any breach thereof, if continued for a period of 30 days from
and after the date that the other property owner shall have
notified in writing the owner or lease in possession of the lot
upon which such breach has been committed to refrain from a
continuance of such action or correct such breach, shall warrant
the undersigned or other lot owner to apply to any court of law
or equity having jurisdiction thereof for an injunction or other
proper relief; if such be granted the court may, in its
discretion, award to Plaintiff in such action his reasonable
expenses in prosecuting such suit, including attorneys fees.
Any violation of the foregoing provisions, conditions,
restrictions or covenants shall not defeat or render invalid the
lien of any mortgage or deed of trust made in good faith for
value as to any portion of said property. But such provisions,
conditions, restrictions and covenants shall be enforceable
against any portion of said property acquired by any person
through foreclosure or by deed in lieu of foreclosure for any
violation of the provisions, conditions, restrictions and
covenants herein contained occurring after the acquisition of
said property through foreclosure or deed in lieu of
foreclosure.
No delay or omission on the part of the owners or their
successors or assigns in interest, or the owner or owners or any
other lot or lots in said property in exercising any right,
power or remedy herein provided for in the event of any breach
of any of the provisions, conditions, restrictions and covenants
herein contained shall be construed as a waiver thereof or
acquiescence therein, and no right of action shall accrue nor
shall any action be brought or maintained by anyone whomsoever
against the corporation, its successors or assigns, for or on
account of its failure or neglect to exercise any right, power
or remedy herein provided for in the event of any such breach,
or for imposing herein provisions, conditions, restrictions or
covenants which may be unenforceable.
In the event that anyone or more of the provisions,
restrictions, and covenants herein set forth shall be held by
any court of competent jurisdiction to be null and void, all
remaining provisions, conditions, restrictions and covenants
herein set forth, shall continue unimpaired and in full force
and effect.
UNDERWOOD LEATHERS LTD., INC
By________________________________
State of Arizona )
) ss.
County of Maricopa. )
The foregoing instrument was acknowledged before me, a Notary
Public,
on the _____day of ___________, 2005.
__________________________________
Notary Public
My Commission Expires:
____________________
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