Declaration of Establishment of Conditions
Reservations and Restrictions
For Coronado Foothills Estates
Dated: Recorded: Book: 17 Page: 99
KNOW ALL MEN BY THESE PRESENT
That HERDER CONSTRUCTION Co., as owner, and HOME FEDERAL SAVINGS AND LOAN ASSOCIATION (formerly the Tucson Federal Savings and Loan Association) as mortgagee, both of whom have an interest in and to that certain land in Pima County, Arizona, described as follows, to-wit:
Lots 413 through 427 of CORONADO FOOTHILLS ESTATES, a Subdivision of Pima County Arizona, according to the plat thereof of record in the Office of the Pima County Recorder, in Book 17 of Maps and Plats on page 99.
Do hereby declare that they have established, and do hereby establish, a general plan for the improvement, development, ownership, use and sale of said property so owned by them, and each and every part thereof, and do hereby establish the manner, provisions, conditions, restrictions and covenants upon and subject to which said land shall be used, improved, occupied, owned, sold and conveyed, and do hereby declare that henceforth said lots shall be used, improved, occupied, owned, sold and conveyed subject to the provisions, conditions, restrictions and covenants herein set forth, all of which shall be binding upon and inure to the benefit of the present 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 owners 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 of the hereinbefore described property as a servitude in favor of each and every parcel thereof as the dominant tenements, as follows, to-wit:
1. Said property and the whole thereof shall be used for private residential purposes only; no building or structure intended for or adapted to business purposes and no apartment house, double house, flat building, lodging house, rooming house, hospital, sanitarium or doctor’s office shall be erected, placed, permitted or maintained on said property or on any part thereof.
2. No improvement or structure whatever, other than one first class private dwelling house, patio walls, swimming pool and customary outbuildings, energy related equipment,[??/??] servants’ quarters or guest house, carport or garage, may be erected or maintained on any lot in said property.
3. The said first class private dwelling house, servants’ quarters and guest house shall be constructed of masonry, burnt adobe or clay brick. Wooden trim or wooden partial walls are also permitted. Air conditioning units or energy related equipment may be installed or maintained on the roof of a building or structure only when appropriately placed, designed, screened or camouflaged. Such design, placement, screening and camouflage requires the approval of the architect or agent as provided in Paragraph 11 hereof.[??/??]
4. No room or rooms in any principal residence, nor in the guest house or servants’ quarters, may be rented or leased to others by the owner or owners of any lot; nothing herein, however, shall be construed as preventing the renting or leasing of an entire lot, together with its improvements.
5. 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 outbuildings) of not less than 1,600 square feet.
6. No residence placed or erected on any lot shall be occupied in any manner while in the course of construction, or at any time prior to its being fully completed. No garage or other outbuildings shall be placed, erected or maintained upon any part of said property except for use in connection with a residence already constructed or under construction at the time that such garage or other outbuilding is placed or erected upon the property. No temporary dwellings, garage, outbuilding or other structure shall be placed or erected upon any lot, and no trailer or trailer house (or home) stored as permitted under paragraph 9 herein shall be occupied.
7. No elevated tanks of any kind shall be erected, placed or permitted upon any part of said property. Any tanks for use in connection with any residence constructed on said property, including tanks for the storage of fuels, must be buried or walled in sufficiently to conceal them from the view from neighboring lots, roads or streets. All clotheslines, garbage cans, equipment, wood piles or storage piles shall be walled in or kept screened by adequate planting or other means, in such manner as to conceal them from the view of neighboring lots, roads or streets.
8. All electrical service and telephone lines from the utility company pole line shall be placed under ground, and no outside electrical lines shall be placed overhead. No exposed or exterior radio transmission and/or receiving antennas shall be erected, placed or maintained on any part of said property; television antennas shall be included in such restrictions; however, if the local television station transmission patterns are such that reception is not possible without exposed antenna, then the Herder Construction Co., may waive this restriction.
9. There shall be no outside storage of boats, trailers, motor homes, or motor vehicles in stages of reconstruction, modification or rebuilding. Outside storage shall not include storage within the confines of a carport screened except as to its entrance.
10. Any building or structure other than an accessory building, wall or fence erected or placed upon any lot, excluding uncovered terraces, steps and/or roof projections at the eaves, shall be set back the following prescribed distances from lot lines:
(a) Not less than 30 feet from any street lot lines, except corner lots fronting on two streets shall be considered as having two street lot lines, one of which may not be closer than 10 feet.
(b) Not less than 10 feet from any side lot line.
(c) Not less than 40 feet from any rear lot line.
(d) No separate or detached garage shall be erected or placed within 30 feet of any street lot line, nor at any location which has not previously been authorized in writing by the Herder Construction Company.
(e) No wall, coping or fence exceeding six feet in height may be erected or maintained on any lot; and no wall, coping, fence or hedge which extends forward of the prescribed street set back line shall be constructed, maintained or permitted to grow to a height exceeding four feet. Boundary planting along the side and rear lot lines shall not be permitted to grow to a height exceeding ten feet. Trees shall not be permitted to grow to heights that obstruct the view from neighboring lots and in no event shall they be permitted to grow to a height exceeding ten feet above the highest point of the principal residence, and they shall be permitted only within the patios or courtyards or immediately outside the enclosures for same; this restriction shall not apply to existing native growth.
11. [Incl. First Amendment [6-12-73] All building plans for any building, wall, fence or other structure whatsoever to be erected on or moved upon or to any part of said property, and the proposed location thereof on any lot and any changes after approval thereof, and any remodeling, reconstruction, alteration or addition to any building or other structure on any lot in said property shall be subject to approval in writing of an architect or representative appointed from time to time by the Board of the Coronado Foothills Estates Homeowners Association, Inc., an Arizona Corporation, under such terms and conditions as said board may establish. The Architect or agent referred to herein shall be appointed from time to time by the Board of the Coronado Foothills Estates Homeowners Association, Inc., an Arizona Corporation, under such terms and conditions as said Board may establish[06/73]. Before the owner of any lot shall commence the construction or alteration of any building, wall, fence or other structure whatsoever on any lot, such owner shall submit to the architect or agent mentioned above, two complete sets of plans and specifications for said structure, the erection or alteration of which is desired, and no structure of any kind shall be erected, altered, placed or maintained upon any lot unless and until the plans, elevations and specifications therefor have received written approval of such architect or agent. Such plans shall include a plot plan showing the location of the structure on the lot. Said Architect or agent shall retain one copy of all plans or specifications submitted under this Paragraph 11. Said Architect or agent shall have the authority to approve or disapprove the site location of all structures. [06/73] The architect or agent shall either approve or disapprove the said plans and specifications within thirty days from receipt thereof. One set thereof, with the architect’s or agent’s approval or disapproval endorsed thereon, shall be delivered to the person submitting same and the other copy thereof retained by the owner. If there be no approval or disapproval given within thirty days and no action has been instituted to enjoin the doing of the proposed work, the provisions of this paragraph shall be deemed waived. Said architect or agent shall have the right to disapprove any plans and specifications submitted to him as aforesaid if such are not in accordance with all of the provisions of this declaration or if, in the opinion of the architect or agent, the design of said structure is not in harmony with the general surroundings of such lot or with adjacent building or structures, or if the plans and specifications submitted are incomplete. Neither said Board, Association nor Architect shall be responsible in any way for any defect in any planes and/or specifications submitted in accordance with this Paragraph 11 nor for any structural defects in any building or structure erected. The decision of said Architect or agent shall be final.[06/73]
12. Pets of the customary household variety only may be kept on any lot; provided that the provisions hereof shall not be deemed to permit the keeping of domestic fowl, nor more than two of any type of pets. Horses are not permitted.
13. No advertising signs (except one “For Rent” or “For Sale” sign per lot), billboards, unsightly objects or nuisance shall be erected, placed or permitted to remain on any of said lots, nor shall the premises be used in any way or for any purpose which may endanger the health or unreasonably disturb the holder of any lot herein. Nothing herein shall prevent the Herder Construction Co. from placing temporary office, advertising signs and sales signs, including directional signs on said lots nor preventing same from constructing entrance structures denoting the area.
14. The native growth on said property shall not be destroyed or removed from any of the lots, except such native growth as may be necessary for the construction and maintenance of roads, driveways, residences, garages, and outbuildings, lawns, and/or walled-in service yards and patios. Such native growth shall not be removed prior to the commencement of construction.
15. No Bermuda grass except for pollen free types shall be grown on any lot.
16. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, placed or permitted upon any part of said property, nor shall any oil, natural gas, petroleum, asphaltum or hydrocarbon products or minerals of any kind be produced or extracted therefrom.
17. Drainageways shall conform to the requirements of all lawful public authorities, including the County Engineer of Pima County, Arizona, to the full extent of the authority given him by law.
18. A dedicated easement and right-of-way in perpetuity is hereby reserved for the benefit of all lots herein for the laying and maintenance of pipes, mains and conduits for the furnishing of water, gas, electricity, telephone, and sewer service or other purposes together with the right of entry for the purpose of installing, maintaining and reading of gas, electric and water service meters, providing that the placement of all such utilities shall be only on the approval of the Herder Construction Company.
19. Anything herein before contained to the contrary notwithstanding, the following specific provisions, conditions, restrictions and covenants as to the manner in which lots may be improved and used shall govern and control:
(a) All lots mentioned in these restrictions shall be subject to any provisions of the Pima County Zoning Ordinance and its amendments if said provisions as applied to said lots are more restrictive than the conditions or restrictions set forth herein, or established rules and regulations not covered by this instrument.
20. The aforesaid provisions, conditions, restrictions and covenants and each and all of them, shall run with the land and continue and remain in full force and effect at all times and against all persons until December 1, 1992, at which time said covenants shall be automatically extended for successive periods of ten years each unless by a vote of a majority in numbers of lots at or prior to the end of the initial term or any successive period of ten years, said restrictions shall be amended, changed or terminated in whole or in part. Such amendments, changes or terminations shall be effective by instruments in recordable form executed by the parties agreeing to them and filing them with the proper office of record. All provisions, conditions, restrictions and covenants herein shall be binding on all lots and the owners thereof, regardless of the source of title of such owners, and any breach thereof, if continued for a period of thirty days from and after the date that the subdivider or other lot owners shall have notified in writing the owner or lessee in possession of the lot upon which such breach has been committed to refrain from a continuance of such action and to correct such breach, shall warrant the other lot owners to apply to any court of law or equity having jurisdiction thereof for the injunctive or other proper relief, and if such relief be granted, the court may in its discretion award to the plaintiff in such action his reasonable expenses in prosecuting such suit, including attorney’s fees.
Provided, that 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.
Provided further, that in the event the provisions hereunder are declared void by a court of competent jurisdiction by reason of the period of time herein stated for which the same shall be effective, then in that event said term shall be reduced to a period of time which shall not violate the rule against perpetuities as set forth in the laws of the State of Arizona.
Provided further, that said property shall be subject to any and all rights and privileges which the City of Tucson or the County of Pima may have acquired through dedication or the filing or recording of maps and plats of said property, as authorized by law.
Provided further, that no delay or omission on the part of the owners of lots in said property in exercising any rights, power or remedy herein provided, in the event of any breach of conditions, restrictions, covenants or reservations 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 whatsoever against the owner for or on account of any breach of said provisions, conditions, restrictions or covenants or for imposing restrictions herein which may be unenforceable by the owners.
Provided further, that any reference made herein to lot or lots shall mean any and all individual parcels of the property above described.
21. When the Herder Construction Co. has conveyed its fee interests in all of the above described property, the owners of the majority in numbers of lots shall have those rights reserved to Herder Construction Co., by this Declaration.
IN WITNESS WHEREOF, the HERDER CONSTRUCTION CO., as owner, and the HOME FEDERAL SAVINGS & LOAN ASSOCIATION (formerly the Tucson Federal Savings & Loan Association), as mortgagee, have hereunto set their hands this 7th day of June, 1974
HERDER CONSTRUCTION CO., a Corporation
HOME FEDERAL SAVINGS & LOAN ASSOCIATION, a Corporation
[Signatures, Notarization etc]
Amendments incorporated in the above text:
[06-73] : First Amendment, 12 June, 1973
[??-??] : Second Amendment ?
The Amendments are marked in this way:
Added [01-01] Text was added by the referenced amendment (ex. [01-01])