WIRE FRAUD ALERT THINK DIFFERENTLY
Email-based, real estate fraud schemes are on the rise. One common scenario is altering wiring instructions with the intention of rerouting funds.
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.
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).
ALTERNATIVE INSTRUCTIONS?
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.
Know that our wiring instructions do not change so any communication is suspect. Our banking institution is First American Trust.
IN SHORT – 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.
LIMITATION OF LIABILITY FOR INFORMATIONAL REPORTS
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.
● STATE OF ARIZONA
COXJNTY OF PIMA
Wllness my hand and OITIelal Seal.
No, ts. Book.
1 hereby eertUy that Ihc wlfhin Injtrument was Hied for record In Pima County, Stale of Arizona IDA MAE SMYTH County Recorder
Date: Request of: Indexed Paged Blotted ■e^
By.
/'py?}.Od. 9?t»ty
AMENDED DECLARATION r ● OF COVENANTS. CnNDTTTONS■ AND RESTRICTIONS-f ‘
POHU 4*11 /■ \ . ,v hereinafter referred to as Declarant”.
TalS DECLARATION, made on fhe date ●'herGinafter' set s-f^rfh tjy HAVEN DEVELOPMENT CORPORATION OF ARI2.0KA,' an Arizona Corporation,
V7 I T N E S S S T H;
IVKEREAS, Declarant is the ov.r.er of certain property in the City of Tucson, County of Pirns. Scate of Arizona, which is more particularly described
HAVEN RIDGE TOV7NKOUSSS, residential Locs 1 through 30 and Common Area Lot 31, Pima Councy, Arizona, according to the Map or Plat thereof of record in the office of the County of Waps 23 in BooR Recorder of Pima County, Arizona, 48 thereof. and Plats at Page
NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, covenants, and conditions, wh’ich are for the purpose of protecting the value and desirability of, and which shall run v/ith, the real property and be binding on J all parties having any right, title or interest in the described their hairs, successors and assigns. properties or any part thereof, and shall inure to the benefit of each ov/ner thereof.
ARTICLE I DEFINITIONS
shall mean and refer to WEST RIDGE Association' ASSOCIATION, INC., an Arizona non-profit corporation, and its
Section 1. successors and assigns.
Section 2. “Owner v/hether one or more persons or entities, any lot which is a part of the properties, but excluding those having such interest merely as security for the . performance of an obligation.
shall mean and refer to the record owner, of a fee simple title to including contract sellers.
shall mean and refer to that real properties 'property hereinbefore described, and such additions thereto as
Section 3. may hereafter be brought within the jurisdiction of the Association. BOOK4693 ?M52i
r*
unon Area” shall mean al; sal property ovmed by the Association for the corrjaon use and enjo^Tnont of the ovmers. The Common Area to be o;vned by the Association at the time of the
Section 4. 1 conveyance of the first lot is described as follows:
. Haven Ridge Townhouses, Common Area Lot 128, Pima County, Arizonc according to the Map or Plat thereof of record in the office of the County Recorder of Pima County, Arizona in Booh , thereof. 25 48 of Maps and Plats, at Page
Section 5. shall mean and refer to any plot of land sho^m upon any recorded subdivision map of the properties v/ith the exception of the common Area.
Section 6. Lot' Declarant" shall mean and refer to: HAVEN DEVELOP¬
MENT CORPORATION OF ARIZONA, an Arizona Corporation, its successors and assigns if such successors or assigns.should acquire more than undeveloped Lot from the Declarant for the purpose of development. one
ARTICLE II
PROPERTY RIGHTS
I ● Section 1. Members' Easements of Enjoyment. Every owner shcG.1 have a right and easement of enjoyment in and to the common area and such easement shall be appurtenant to, and shall pass with the title Lot" not actually occupied j The portion of the to each and every lotby the building or enclosed as a private patio, even though specifically on the Plat of Record and deed to an designated as part of a individual o%mer or o*.vners, be and it is hereby subject to an easement
Lot' of use and enjoyment in favor of each and every townhouse owner, A private patio shall be defined as that portion of the lot enclosed by a permanent wall or .fence adjacent and connected to the building as provided as part of the original resident, and occupant. ./ structure or as later enlarged or made smaller subject ;bo approval^ as This declaration does hereby: reserve . . provided in Article V Belpv/. and grant to each and every owner, resident, and occupant a right and easement of use and enjoyment in and to such property as though Common Area" » The record ovmier ot _ said property v;ere part of the ovmers of such areas shall have no greater rights and privileges than ; or occupant with respect to the use and ● It is e^gpressly acknov^ledged and agreed any other ovmer, resident, enjoym.ent of said property.
(2) BDOK
V by all parties earned that this paragro^ is for the mutual benefit of all owners in said Subdivision, and it is necessary for t}ie protec- ' tion of said ovmers. Such right and easement of enjoyment shall be subject .to the following provisions:
(a). The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area,
(b). The right of the Association to suspend the voting rights and right to use of the recreational facilities by an ouTier for any period during v/hich any assessment against his lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations;
(c). The right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as No such dedication or transfer may be agreed to by the members, shall be effective unless an instrument signed by tv;o-thirds (2/3) of each class of members agreeing to such dedication or transfer has been recorded;
(d) The right of the individual ovmers to the exclusive use of parking spaces as provided in the Article.
Section 2. Delegation of Use. Any ovmer may delegate, in accordance with the By-Lav;s, his right of enjoyment to the Common and facilities to the members of his family, his tenants, or contract purchasers who reside on the property.
Section 3. Parking Rights. Area Ovmership of each lot shall entitle the owner or ovmers thereof to the use of one automobile parking space in addition to the carport attached to the to\-mhouse on such lot,^ shall be as near and convenient to which additional parking space said lot and townhouse as reasonably possible, together with the right of ingress' and egress 'in and upon the common parking areas. The Association shall permanently assign such automobile parking i space for each dwelling.
ARTICLE III
ME!-1BER5HIP AND VOTING RIGHTS
Section 1. shall be a member of the Association.
Every owner of a lot which is subject to assessment Membership shall be appurtenant
( ership lot which is . to and may not be subject to assessment. aratcd from ovm
Section 2. The Association shall have tv/o classes of voting membership:
The Class B member (s) shall be the Declarant and Class A. ov;-ned.
Class A members shall be all Ovmers v/ith the exception of the Declarant and shall ba entitled to one vote for each lot \fnen mors than one parson holds an interest in any lot, all such persons shall be members, be exercised as they among themselves determine, but in no event shall more than one vote be cast v;ith respect to any lot.
The vote for such lot shall Class B. shall be entitled to three (3) votes for each lot ov/-ned. The Class B membership shall cease and be converted to Class A membership on the happening of either of the following events, whichever occurs earlier;
(a) when the total votes outstanding in the Class' A membership equal the total votes outstanding in the Class B membership, or ‘
(b) on January 1, 1978.
ARTICLE IV
COVE^JAKT- FOR MRINTENAKCE ASSESSMENTS
Creation of the Lien and Personal Obligation of Section 1.
The Declarant, for each lot o^●med within the Properties^ hereby covenants, and each owner of any lot by acceptance of a deed therefore, v/hether or not it shall be so expressed in such deed, is (1) annual Assessments. deemed to covenant and agree to pay to the Association: asaessements or charges, and (2) special assessments for capital such assessments to be established and collected as ^ The annual and special assessments, together and reasonable attorney’s fees, shall be a improvements, hereinafter provided. with interest, costs, charge on the land and shall be a continuing J-ien upon the property against %vhich each such assessment is made- Each such assessment. together with interest, costs and reasonable attorney’s fees, shall also be the personal obligation of the person who was the o^mer of The personal such property at the time vjhen the assessment fell due. obligation for delinquent assessments shall not pass in title unless expressly assumed by them. to his successors BOOK4693 PAGE 524 (4)
V section 2. ose of Assessments. Th essments levied by the Association shall ba used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement cind maintenance of the Common Area, and of the homes situated upon the 'Properties.
Section 3. Maximijjn Annual Assessment. The annual assessment first established by the Association at the time the first lot is conveyed to an ovaier sriall be arid constitute the maximum annual assessment until January 1 of the following year,
(a) . From and after January 1 of the year immediately follov/ing the conveyance of the first lot to an Owner, the maximum assessment may be increased each year not more than 3% above the maximum assessment for the previous year plus the amount of any tax increase on the Common Area, unless a vote of the membership, as hereinafter set forth, permits'a higher assessment.
From and after January 1 of the year immediately following the conveyance of the first lot to an o^^mer, the maximum annual assessment may be increased above 3% by vote of tvjo-thirds (2/3) of each class of members who are voting in person or by proxy, at a,meeting duly called for this purpose.
(c) .
The Board of Directors may fix the annual assessment at amounts which comply v;ith the provisions of this Section.
Section 4.
Special Assessments for Capital Improvements. 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 v/hole or in part the (b) .
In .
cost of any construction, reconstruction, repair or replacement of including fixtures and a capital improvement upon the Common Area, personal property related thereto, provided that any such assessment shall have the assent of tv;o-thirds (2/3) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.
Section 5.
Notice and Quorum for Any Action Authorized Under.'
Written notice of any meeting called for the purpose Sections 3 and 4. of taHing any action authorized under Section 3 or 4 shall be sent to all members not less than 30 days nor more than 60 days in advance
At the first such meeting called, the presence of of the meeting.
If the
No such subsequent meeting shall be held more
nembers or of pj. .<ies entitled to case sixuj. laarcent (60?^ of all the votes of each class of membership) shall constitute a quorum, required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the sub sequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, than 60 days following the preceding meeting.
Section 6.'
Uniform Rate of Asse jimsnt.
Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
Section 7. Date of Commencement of Annual Assessments; Due Date
The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the
The first annual assessment'shall be adjusted according to the number of months remaining in the calendar year. Directors shall fix the amount of the annual assessment against each. Common Area.
The Board of Lot at least thirty (30) days in advance of each annual assessment period, every ovmer subject thereto, the Board of Directors.
Written notice of the annual assessment shall be sent to The due dates shall be established by Ths Association shall, upon demand, and for a reasonable charge,'● furnish a certificate signed by an officer of the association setting forth v;hether the assessments on a specified Lot have been paid. .
Section 8. Remedies of th~ Effect of Nonpayment of Assessments?
Any assessment not paid v;ithin- ten (10) days after the due date shall bear interest from the due date at the rate of eight (3
The Association may bring an action'at law Association. percent per annximagainst the Owner personally obligated to pay the same, or foreclose No ovmer may waive or .other wise liability for the assessments provided for herein by. non-use of the Common Area or abandonment of his Lot; the lien against the property. escape
The lien of Subordination of the Lien to Mortgages. Section 9. the assessments provided for herein shall be subordinate to the lien Sale or transfer of ciny Lot shall not affect However, the sale or transfer of any Lot pursuto mortgage foreclosure or any proceeding in lieu thereof, extinguish the lien of such assessments as to payments which became of any first mortgage. the assessment lien.
shall
V
’due prior to such .ile or transfer. No sal*, r transfer shall relieve such Lot from Liability for any assessroonts thereafter becoming due from the lien thereof. or
ARTICLEi V ARCHITECTURAL CONTROL
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 therein be made until the plan and specifications shov/ing the nature, kind, shape, height, materials, 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 the Board of Directors of the Association, or by an architectural committee composed of three (3^ or more representatives appointed by the Board, In the event said Board, .or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plzms and specification have been submitted to it, approval will not be ●required after thi.s Article will be deemed to have been fully complied with,
ARTICLE VI PARTY V/.ALLS
The rights and duties of the ov/ners of townhouses within this townhouse project with respect to party walls shall be governed by the following;
Each wall, including patio v;alls, v/hich is constructed as (a) .
a part of the original construction of the tovmhouse multi-family structure any part of which is placed on the dividing line between With shall constitute a party wall. separate toxvnhouse units, respect to any such wall, each of the adjoining ovmers shall the burdens and be entitle’d' to the benefits of these restrictive covenants; and to the extent not inconsistent here with, the general rules of lav; regarding party v;alls shall be assume applied thereto. the event any such party wall is damaged or destroyed by the act of one of the adjoining ovmers, his agents, or any licensees, or members of his family (b). In of his guests, tenants.
BOOK 4693 5%h527 (7)
(uliather or nc^^uch act is negligent or^j^herv/ise culpable) so as to deprive the other adjoining ovmcr of the full use and enjoyment, of such wall, then the first of such ovmers shall forthwith proceed to rebuild and repair the same to as good .condition as formerly without cost to the adjoining ovmar.
(c) . (d).
In the event any such party wall is damaged or destroyed by some cause other .than the act of one of the adjoining ov/ners, his agents, tcfjant-s,' licensees, guests or family (including ordinary v/ear and tear and deterioration from lapse of time)., then in such event both such adjoining ou-ners shall proceed to forthwith rebuild or repair the same to as good" condition, as formerly and shall share the expense of such rebuilding or repair in a ratio' proportionate to the use which receives from said party wall.
Notwithstanding any other provision of this article, an owner who by his negligent or v;illful act causes any party v?all ' .● to be exposed to the elements shall bear the whole cost of fur nishing the necessary protection against such elements.'
(e) .
tf) ^
The right of any ovmer to'contribution''from any other o\mer under this article shall be appurtenant to the land and shall pass to such owner's successors in title, in addition to meeting the other requirements of these restrictive covenants and of any building code or similar regulations or ordinances, any ov;ner proposing to modxfy, mahe additions to or rebuild his to\^house in any manner vihich. requires the extension or the alteration of any party wall shall first obtain the v/ritten consent of.the adjoining ovmer.
In the event of a dispute between ovmers with respect to *
the repair or rebuilding of a party v/all or v;ith respect to the sharing of the cost thereof, then upon v?ritten request o'f one of such ovmers addressed to the Association, the matter sTiall'be (g). submitted to arbitration under such rules as may from time to 'If no such rules have haein time be adopted by the Association, the matter shall be submitted to three'arbitrators. adopted, then chosen by each of the owners chosen, or if the and the third by the tvjo so tv70 arbitrators cannot agree as to the salecthird arbitrator within five (5) days, then by any one tion of the
m«528 (2)
V Judge of the SU;._rior Court of Pima Counti-. Arizona, mination of the matter signed by any tv;o of the three arbitrators shall be binding upon the o\vners, who sTiall share the cost of
In the event one party fails to choose an arbitrator within ten (10) days after receipt of a request in v;riting for arbitration from the other party, then said other party shall have the right and po'
These covenants shall be binding upon the heirs and assigns of any ovmers but no person shall be liable for any act or omission respecting any party v;all except such as tooh place
A detcrarbitration equally. r to choose both arbitrators(h) while an ovmer.
ARTICLE VII
EXTERIOR MAI^iTE^JANCE
The Association, or its duly delegated representative, shall maintain and otherwise manage all property uo to the exterior building lines and patio enclosures including but not limited to, the land scaping, parking areas, streets and recreational facilities, roofs, common elements and exteriors of the buildings located upon the above described properties (except windov/s of to^^mhouse units and exterior door and window ftnxtures and other hardv/are) , and such additional maintenance of the buildings as the Board of Directors shall from time to time determine to be in the best interest of the Association and the members and shall maintain and otherwise manage and'be responsible for the rubbish removal of all areas v/ithin the above
The Board of Directors shall use a reasonably . described property, high standard of care in providing for.the repair, management and maintenance of said property, so that said tovmhouse project will reflect a high pride of ownership. All maintenance and repair of the ind.ividual tovmhouse units shall be the sole obligation and expense of the individual unit ovmers, except to the extent the exterior maintenance.and repair is provided by the Association.
In the event that the need for maintenance or repair is caused through the willful or negligent act of the ovmer, his family, guests ■●'“or invitees, the cost of such maintenance or repairs shall be added to and become a part of the assessment to v/hich such lot is subject.
ARTICLE VIII
INTERIOR /AND OTHER I'tAIN’TLNAJMCE
Each ©^●msr shall be responsible for the upheep and maintenance of the interior of his tovmhouss and for the upkeep and maintenance of all other areas, features or parts of his tox^mhouso and property not other\-/ise maintained by the Association, equipment installed within a tovmhouse unit, commencing at a point where the utility lines; pipes, v/ires, conduits or systems enter the exterior v/alls of a tovmhouse unit shall be maintained and kept in repair by the ovmer thereof, responsibility of the owner, that will impair the structural soundness or integrity of the multi family building or impair any easement or hereditament, nor do any act nor allow any condition to exist which VJill adversely affect the
All fixtures and Termite control shall be the An ovmer shall do no act nor any work other townhouse units or their oxmers.
ARTICLE IX
ANNEX.ATION OF ADDITIONAL .PROPERTIES
Except as set out in Section 2 of this Article, annexation of additional property shall require the assent of tv;o-thirds (2/3) of the Class A members and two-thirds (2/3)' of the Class B members, if any.
Staged Developments.
Section 1. Additional land v;ithin the Section 2. area described in Book 4487, Page 149, and Book 4487, Page 152, of the land records of Pima County, Arizona, may be annexed by the Declarant without the consent of members within three (3) years of the date of this instrument; provided, however, that in the-event that either the Federal Housing Administration or the Veterans Administration has insured loans on lots in the original sxibdivision or is requested to insure loans in the property to be annexed, then the approval of each of such agencies shall be required before such annexation, in order to determine that the accord with the general plan heretofore approved by described above. annexation is in each of said agencies.
Section 3. In
the event that additional land described in the deeds set forth in Section 2 above is not annexed, the occupants and ovmers of said additional land, or any part thereof, shall have a
800x4693 m(5530 (10)
p'srpGtual eacemsnt tv. .se the streets, v;alks an --oinmon areas in the subject property, upon the condition that such ovmers and occupants of said additional land may be required to pay a proportionate part of the cost of maintenance of said streets, walks and common areas.
ARTICLE X
Said premises are hereby restricted to residential /Ml buildings or structures erected
Section 1. dwellings for residential use. upon said premises shall be of new construction and no buildings or structures shall be moved from other locations onto said premises,
and no subsequent buildings or structures other than tovjnhouses, being residential units joined together by party v;alls, built on any parcel where the builder theretofore programmed and No structures of a temporary character, tent, shack, garage, barn or other outbuildings shall be constructed a tovmhouse. trailer, basement, shall be used on any portion of the premises at any time as a resi¬ dence either temporarily or permanently.
Notwithstanding £iny provisions here contained to Section 2. th6 contrary, it shall be expressly permissible for the builder of a major portion of said townhouses to maintain during the period of construction and sale of said tovmhouses, upon such portion of the such facilities as in the sole premises as such builder may choose, opinion of said builder may be reasonably required, convenient or incidenal to the construction and sale of said townhouses, .● including construction yards, signs, model a business office, storage area. units and a sales office.
No animals, livestock or poultry of any kind shall be raised, bred, or kept on any lot, household pets may be kept provided that they are not kept, bred or.
Section 3. except that dogs, cats or other maintained for any commercial purposes.
No advertising signs (except one of not more than for rent"’, or "for sale" sign per parcel).
Section 4. five (5) square feet, billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on the premises, nor shall the premises be used in any v/ay or for any purpose which may endanger the health or unreasonably disturb the ovmer of any tovmhouse or any resident no business activities of any kind whatever shall thereof. Further, be conducted in any building or in any portion of the premises-
(. (■ Prov'iclGd/ further. hnts sliall not apply to the business activities, signs^ and billboards or the construction
>v;ever, the foregoing co' > and maintenance of buildings, if any, of the builder, its agents, and assigns during the construction and sale period, of said tovmhouses, and of the West Ridge Association, Inc., a non-profit corporation incorporated or to be incorporated under the lav/s of the State of Arizona, its successors, -and assigns, in furtherance of its pov;ors and purposes as herein set ,forth.
Section 5. All clotheslines, equipment, garbage cans, service yards, woodpiles, or storage piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring All rubbish, trash, or garbage .shall be regularly removed from the premises, and shall not be allov/ed to All clotheslines shall be confined to patio’areasNo aluminum foil, cardboard or other opaque material shall be used or placed in any v/indows or on any glass doors in buildings on said premises. .... tovmhouses and streets. accumulate thereon.
Section 6.
Except in the individual patio areas, no planting or gardening shall be done, and no fences, hedges or walls shall be erected or maintained upon said premises except such as are installed in accordance \<?ith the'-initial construction of the buildings, located thereon or as approved by the Association’s Board of Directors or their designated representative.
Section 7.
The common elements shall remain undivided, and shall at all times be owned by the Association or its successors, it being agreed that this restriction is necessary in order to preserve the rights of the ovmers v/ith respect to the operation and management of * the common elements.
ARTICLE XI
EASEMENTS
There is hereby created a blanket easement upon, and under the above described premises for installation! repairing to, water, sewers, gas vision antenna system. across, over' replacing, and maintaining all utilities, including, but not limited master tele- telephones and* erectricity ‘and a By virtue of this easement, pressly premissible for the providing electrical and/or telephone it shall be ex(12)
and other nccessat’
% . ● compnny to erect maintain the necessary equipment on said property and to maintain electrical and telephone wires, .circuits and conduits on, above, across and under said common areas and individual lots, provided that entry upon a lot shall be made only at reasonable hours and upon reasonable notice to the lot ovmer, and no entry shall be permitead to the interior portion of arj tovmhouse; and further provided that in no event shall utility lines be located under or within any structure except the structure in which such service is used.
Association's Board of Directors.
Notwithstanding anything to the contrary con tained in this paragraph, no sev;ers, electrical lines, water lines* or other utilities may be installed or relocated on said premises except as initially programmed and approved by the major builder -or the This easement shall in no way effect any otherrecorded easements on said premises.
Each townhouse and the common elements shall be subject to an easement for encroachments created by construction, settling and overhangs, as designed or constructed by the original builder, valid easement for said encroachments and for the maintenance of same, so long as it stands, shall ctnd does exist, multi-family structure is partially or totally destroyed, and then is rebuilt, the ovmers of tovmhouses agree that minor encroachments of parts of the adjacent to\vnhouse units or common elements due to con struction shall be permiteed and that a valid easement for said en-r j croachment and the.maintenance thereof shall exist. .Anything herein | to the contrary notwithstanding, any such encroachment shall not exceed one (1) foot.
In the event the
ARTICLE XII I GENERAL PROVISIONS
The Association, or any owner, shall Section 1. Enforcement. have the right to enforce, by any proceeding at law or in equity, all reservations, liens and charges j restrictions, conditions, covenants, .now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by any ovmer to enforce any. covenant - or restriction herein contained shall in no event be deemed a v;aiver of the right to do so thereafter.
The City of Tucson under the provisions of City of Tucson Code, Section 23-407.3 F shall have the right to enforce against either, the BOOK4693 as533 (13)
Ar-:i;ocl;U'.i n>-
■:’●.ty .r r-vcr.iT ly r c:r,ntainetl rcleiUiiig to thr- csLarj.lishrerjp.t ond or,'..l[iti.’n cir,c»^ of: dciiigna L'-i-d cor..i'j:'
ilr. luV.. lu»i o*'ip .r r ttii-SO CO*"* ●) s ;r cnivniiii O'.: i/y judci.-nont cr court oL-d'Sr shall .in no wiac affect any oth.or provi -r.U^trin which nh.vll rcTiuin in full force and effect.
Sec Lion H. 7.ncnd:r.e:iL. The covenants and r'^jntrictior.s of this lie-claj:citio;: shall run v/iLh and blrid the land for a teinn of twenty (20) years from the date this Declaration is recorded*, after which time they shall be autcr.iatically extended for successive periods of This Declaration may be amended during the first twenty (2) year period by an instrument signed by not less than ninety par cent (90vi) of the lot ov/nars, and thereafter by an instrument signed by not less than seventy-five per cent (“5o) of the lot owners. Any amended of Section 7, .Article X, v.’ill be sub;}ect to approval by Any amendment must be recorded in the office of ten (10) years.
I the City of Tucson, the County Recorder of Pima County, Arizona.
ARTICLE XIII
REVOCATION
Conditions and Restrictions
This Amended Declaration of Covenants, shall supersede and revoke the Declaration of Covenants, Restrictions recorded in Book 4590 of Page 304 thereof in the office of Conditions and the Recorder of Pima County, Arizona.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this 26th day of August 1973,
HAVEN DEVELOPMENT CORPORATION, an Arizona corporation
t.s, STATE'3^" ’A^IzMa ■) COUNTY'OF'PIMa -sJ7 SS: )
By; Delores J. Assistant Secretary
26th day of This instrument was acknowledged before me this , 1973, by DELORES J. SORENSEN. Assistant Secretary for August HAVEN DEVELOPMENT CORPORATION OF ARIZONA,
Notary Public
My Commission Expires; /.P- //6-/ 7 7
