COVENANTS, CONDITIONS & RESTRICTIONS PREPARED FOR :
17647 N. Lindner Drive Glendale, AZ 85308
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PRECAUTIONS YO U SHO U LD B E
AWA R E OF
IN THE REAL ESTATE CLOSING PROCESS
DO NOT TRUST EMAILED INSTRUCTIONS Fraudsters often use email to send falsified wire instructions to unsuspecting victims. Please warn your buyers and sellers to only follow wire instructions they receive personally from First American Title. Additionally, we will not accept disbursement instructions for seller or buyer funds via email OR from any third party (attorney, real estate agent, etc).
W I RE F R A U D A LE RT T H I N K D I F F E R E N T LY
ALTERNATIVE INSTRUCTIONS?
Email-based, real estate fraud schemes are on the rise. One common scenario is altering wiring instructions with the intention of rerouting funds.
If your buyer or seller receives alternative wiring instructions that appear to be from First American Title, make sure they contact their escrow officer at a trusted phone number for confirmation.
Keeping this in mind, First American Title is changing the way we receive payment information. It is imperative that we are familiar with the people in our transactions.
RELYING ON EMAIL ALONE IS NO LONGER AN OPTION.
Know that our wiring instructions do not change so any communication is suspect. Our banking institution is First American Trust.
IN SHO RT – wire instructions will not
be accepted by email. New wire instructions must be hand-carried or uploaded to the First American Secure Portal.
Thank you for joining First American Title in fostering a secure real estate transaction process. Have questions or concerns? Please contact our office or your escrow officer.
For more information please contact your First American representative.
w w w.fi rs tam . c o m First American Title Insurance Company, and the operating divisions thereof, make no express or implied warranty respecting the information presented and assume no responsibility for errors or omissions. First American, the eagle logo, First American Title, and firstam.com are registered trademarks or trademarks of First American Financial Corporation and/or its affiliates.
01100180621
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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.
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MARICOPA,AZ Document: PLAT_MAP 224.22
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Unofficial
Document
WHEN RECORDED RETURN TO: Lars O. Lagerman, Esq. BRYAN CAVE LLP
98-0138769
2800 North Central Avenue
10:15
02/25/98
Suite 2100
RICHARD
1 OF
Phoenix, AZ 85004-1098
AMENDMENT TO SPECIAL
WARRANTY DEED AND
RESTRICTIONS THIS
AMENDMENT (the "Amendment")
to
Special Warranty Deed
and
Restrictions, dated as of August 3, 1981 and recorded in the Office of the Maricopa County Recorder at Docket 15516 on pages 586-590 (the "Restrictions"), is made effective as of November 15, 1996, by (i) the current owners of record of one hundred percent (100%) of the following lots and tracts within Bellair Unit Three, according to the plat of record in the Office of the Maricopa County Recorder in Docket 192, page 4: Tracts 56 and 60 and Lots 406, 407, 408,
412, 413, 439, 470, 471, 472 (the "Adjacent Owners"); and (ii) the current owners of record of not less than fifty-one percent (51%) of the remaining Lots in Bellair Lands (the "Lot Owners"); and (iii) the current owners of record of not less than fifty-one percent (51%) of the remaining tracts in Bellair Lands (the "Tract Owners"); and (iv) the current owner of the Property (the "Property Owner") (collectively referred to as the "Owners"), pursuant to Section C(4) of the Special Warranty Deed and Restrictions.
Recitals American Continental Corporation, an Ohio corporation, its successors and assigns (the "Grantor"), imposed the Restrictions on the Property described therein.
A.
B.
The Owners now desire to amend the Restrictions as set forth below.
Amendment
1.
Delete from Section C(1) of the Restrictions the portion which states:
1.
Church Site. The Property shall be known and described
as, and limited and restricted in use to, a church site.
2. 1.1
Add to Section C(1) of the Restrictions the following:
Single-Family Residential Homes.
The Property may be
further subdivided into no more than twenty (20) lots ranging in
37336.3
980158769
size from
six thousand
(6,000) plus
square
feet
("Lot"
or
collectively, the "Lots") and shall be known and described as, and limited and restricted in use to, a development consisting of single-
family, single story residential homes, which shall have varied exteriors and placement, with two or three different floor plans, and ranging in size from one thousand four hundred (1,400) to two thousand one hundred (2,100) square feet of livable floor area (excluding garages or similar areas). 1.2.
Association Covenants, Conditions and Restrictions.
The
Property shall be held, sold and conveyed subject to the Conditions and Restrictions of the Bellair Association for Parks and Recreation (the "Association"),
Declaration of Covenants,
dated December 3,
Docket
1973, and recorded December 12, 1973, at
10434, on Pages 68-78 in the Official Records of the
Maricopa County, Arizona Recorder (the "Bellair Restrictions"),
including monthly assessments, as amended from time to time. 1.3.
Bellair Unit IX Covenants, Conditions and Restrictions.
The Property may be further restricted by
a
Declaration of
Covenants, Conditions and Restrictions designated as Bellair Unit
IX in a form agreed upon by the Association and executed by the
Property Owner without further approval of any other Owners. 1.4
Initial Assessment. Each Lot within the Property shall be
assessed an initial charge of one thousand dollars ($1,000) for
amenities provided by the Association (the "Initial Assessment"), which said Initial Assessment shall be paid by the Property Owner upon the initial sale of each Lot to an owner other than a developer
which acquires the Lot for construction and resale (in which case the Initial Assessment shall be paid by such developer upon the
sale of such Lot to the next owner thereof).
Delete from the end of Section C(3) of the Restrictions, the phrase "as a church site," and substitute therefor the phrase "as a Single-Family Residential Homes Development." 3.
4.
This Amendment may be executed in counterparts.
IN WITNESS WHEREOF, one hundred percent (100%) of the current Adjacent Owners, not less than fifty-one percent (51%) of the Lot Owners, not less than fifty-one percent (51%) of the Tract Owners, and the Property Owner have executed this Amendment effective as of the 15th day of November, 1996.
[SIGNATURE PAGES FOLLOW] 37336.3
2
980138769 SIGNED AND ACKNOWLEDGED CONCURRENCE OF THE CURRENT OWNER OF THE PROPERTY
The undersigned owner of the Property hereby consents and agrees
Amendment to Special 1996.
to
the
Warranty Deed and Restrictions, dated effective as of November 15,
DATED this 2/ day of January,1998.
The Pentecostal Holiness Church, Inc., an Arizona corporation
Bm
dP
Its: Coferene
t
STATE OF ARIZONA SS.
County of Maricopa
) Unofficial Document
This instrument was acknowledged and executed before
January, 1998, by
of The Pentecostal Holiness Church, Inc., an Arizona corporation.
Notary Public
EXPIRATION DATE AND SEAL:
37336.2
me this _ as
-15-
day of
980138769
STATE OF CALIFORNIA COUNTY OF San Bernardino
On January 21, 1998
personally appeared
ss.
before me, James R.
Deborah A. Keifer
Pennington
personally known to me
Unofficial Document
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.
Super
sin Comm. #1089408 SAN BERNARDINO COUNTY
Comm. Exp. Exp. March 12, 2000
(This area for official notarial seal)
Title of Document
Amendment to Special Warranty Deed and Restrictions
Date of Document
1/21/98
Other signatures not acknowledged
No. of Pages none
4
acknowledged James R. Pennington only
980138769
SIGNED AND ACKNOWLEDGED CONCURRENCE OF ONE HUNDRED PERCENT (100%) OF
THE CURRENT ADJACENT OWNERS TRACTS 56 and 60
The undersigned owner of TRACTS 56 and 60 hereby consents and agrees to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996.
DATED this
2
day of Novsмезк 1096 BELLAIR ASSOCIATION FOR PARKS AND RECREATION
By Le Its:
l
.
President
Unofficial Document
STATE OF ARIZONA
County of Maricopa
) ) ss. )
This instrument was acknowledged and executed before me this NOUEMBER, 1996 by PETER R. COOK President of the Bellair Association for Parks and Recreation.
215
Notary Public EXPIRATION DATE AND SEAL: 11-14.98 CAL
LARRY K. V.EBBER
Notary Public -Stata of Arizoa MARICOPA COUNTY
My Comm.
iros Nov. 14, 1998
day of
980138769
SIGNED AND ACKNOWLEDGED CONCURRENCЕ OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 406 within Bellair Lands hereby consent(s)
and agree(s) to the Amendment to effective as of November 15, 1996.
DATED this
27 day of
Special Warranty Deed and Restrictions, dated
No vember, 1996
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
Jogrider Des Le .Teware Unofficial Document
STATE OF ARIZONA
) ss.
County of Maricopa
This instrument was acknowledged and executed before me this 27
noveler and
1996 by
DeAnn C. Tewari
Yoginde,Dev Tewari
_, husband and wife (if applicable).
a EXPIRATION DATE AND SEAL: OFFICIAL SEAL MARCIA OPEL
Notery Public - State of Arizona MARICOPA COUNTY My Commission Expires July 31, 1998
day of
Notary Public
980138769
SIGNED AND ACKNOWLEDGED CONCURRENCE OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 407 within Bellair Lands hereby consent(s)
agree(s) to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996.
and
DATED this
21
St
1922
day of
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
Sneofe Shemad Unofficial Document
STATE OF ARIZONA
) ss.
(
County of Maricopa
21
This instrument was acknowledged and executed before me this
day of
Jebruary 19921y Joby Jhomas Thomas husband and wife (if applicable). mrJernifes Thomas
and
nucletto R
Notary Public
EXPIRATION DATE AND SEAL:
My Commission Expires Jan
. 31, 2000
980138769 SIGNED AND ACKNOWLEDGED CONCURRENCE OF ONE HUNDRED PERCENT (100%) OF
THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 408 within Bellair Lands hereby consent(s) and agree(s) to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996..
DATED this
24
day of Octobes,1997 OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN[
Me
Unofficial Document
STATE OF ARIZONA
)
) ss.
County of Maricopa
This instrument was acknowledged and executed before me this
October
1997by
and
Lisa D. _
Menzie
husband and wife (ifapplicable).
OFFICIAL SAL
KRISTY JONES
Notary Public-State of Arizona
MARICOPA COUNTY MyComm. Expires Mar. 28, 2001 EXPIRATION DATE AND SEAL:
24 day of
Htf
Notary Public
980138769
SIGNED AND ACKNOWLEDGED CONCURRENCE OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 412 within Bellair Lands hereby consent(s)
and agree(s) to the Amendment to
effective as of November 15, 1996.
DATED this
Special Warranty Deed and Restrictions, dated
22nd day of Noeer,19.26 OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
Choristine Eaton Genes Unofficial Document
OFFICIAL SEAL
CHRISTINE A. HAND
STATE OF ARIZONA
) ss. County of Maricopa
Notary Public-State of Arizona MARICOPA COUNTY
My Comm. Exp. Nov. 7, 1997
This instrument was acknowledged and executed before me this 22n
day of
Nbr 196 by Jay R. Jones and Christine Eaton Jones _, husband and wife (if applicable).
Chustna A. H Notary Public
EXPIRATION DATE AND SEAL: OFFICIAL SEAL
CHRISTINE A. HAND Notary Public-State of Arizona MARICOPA COUNTY
My Comm. Exp. Nov. 7, 1997
980138769 SIGNED AND ACKNOWLEDGED CONCURRENCE
OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 413 within Bellair Lands hereby consent(s) and agree(s) to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996.
DATED this 6
, 1982
daY Of
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
Unofficial Document
STATE OF ARIZONA
) ss. )
County of Maricopa _
This instrumentwas acknowledged and executed before me this
Dee
19
by
and
EXPIRATION DATE AND SEAL:
64h._day of
MARILYVDE V. RAPP
husband and wife (if applicable).
D
Notary Public
D0LO
-StNoe Vizena
LARICOA COUN
My Commm Expires
TY
Se Sept. 19, 1997
980138769 SIGNED AND ACKNOWLEDGED CONCURRENCE
OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 439 within Bellair Lands hereby consent(s) and agree(s) to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996.
dayof novim
DATED this 25
19.96
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
B Unofficial Document
CALIFURNIA каw
STATE OF-ARIZONA) SAN DIZG
County of Maricopa
to
) ss. )
This instrument was acknowledged and executed before me this
ovemer
1926by
and
25
BONNA I. STRves
day of Ron
husband-and wife (if applieable).
Notary Public
EXPIRATION DATE AND SEAL: OFFICIAL SEAL
ROBERT D.,VASS
NOTARY PUBLIC-CALIFORNIA COMM. NO. 1023920 SAN DIEGO COU
MY COMM EXP. P.AFR1908
980138769
SIGNED AND ACKNOWLEDGED CONCURRENCЕ OF ONE HUNDRED PERCENT (100%) OF THE CURRENT ADJACENT OWNERS
The undersigned owner(s) of Lot No. 472 within Bellair Lands hereby consent(s)
and agree(s) to the Amendment to effective as of November 15, 1996. DATED this
21 ST
day of
Special Warranty Deed and Restrictions, dated 1996
NOVEMBED
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
Lmill Unofficial Document
STATE OF ARIZONA
County of Maricopa
)
)'ss.
This instrument was acknowledged and executed before me this
NovembzR
1996 by
SeoT4. Mo1/2R
and
husband and wife (if applicable).
ia EXPIRATONDATE AND SEAL:
day of
1/8/99
Notary Public
SIGNED AND ACKNOWLEDGED CONCURRENCE
OF NOT LESS THAN FIFTY-ONE PERCENT (51%) OF THE CURRENT LOT OWNERS
The undersigned owner(s) of LotNo. 5319 within Bellair Lands hereby consent(s) and agree(s) to the Amendment to Special Warranty Deed and Restrictions, dated effective as of November 15, 1996.
day of
6
DATED this
0ea
1997
OWNER(S) [NOTE: BOTH SPOUSES MUST SIGN]
.Me
Unofficial Document
STATE OF ARIZONA
) ss.
(
County of Maricopa
This instrument was acknowledged and executed before me this and
199y A BLANOme
JAmes
OFFICIAL SEAL
GARY HOOKS
Notary Public
State of Arizona MARICOPA COUNTY -
My Comm. Expires July 12, 199
day of
mCCASTHY
mcAhusband and wife (if applicable).
Notary Public EXPIRATION DATE AND SEAL
6