Note: The following text is a compilation of all the filed deeds on the county records. For a complete, photocopied, and accurate version of the deed restrictions, consult your title company or go to the Pima County Recorders office.
KNOW ALL MEN BY THESE PRESENTS:
That STEWART TITLE & TRUST OF TUCSON, an Arizona corporation, as Trustee, under Trust No. 0500, being the owner of all the following described premises, situate within the County of Pima, State of Arizona, to-wit:
Lots 1 through 439, inclusive, Bel Air Ranch Estates, according to the plat of record in the office of the County Recorder of Pima County, Arizona, in Book …,
WHEREAS, the said owner recorded the Declaration of Establishment of Conditions, Reservations, and Restrictions for Lots 1 through 439, inclusive, which Declaration was recorded on …..
WHEREAS, by said recording the owner established and does hereby establish a general plan for the improvement and development of the premises described in both of said plats, and does hereby establish the provisions, conditions, restrictions and covenants upon which and subject to which all lots and portions of said lots shall be improved or sold and conveyed by the said STEWART TITLE & TRUST OF TUCSON as owner thereof; each and every one of said provisions, conditions, restrictions and covenants, except those specifically amended by this instrument, is and all are for the benefit of each owner of land in said subdivision, or for any interest therein, and shall inure to and pass with each and every parcel of said subdivision and shall bind the respective successors in interest of the present owner thereof; said provisions, conditions, restrictions and covenants, except those amended by this instrument, are and each thereof is, imposed on said lots, all of which are to be construed as the restrictive covenants running with the title to the said lots and with each and every parcel thereof, to-wit:
1. All of said restrictions embodied in that declaration recorded in the office of the County Recorder of Pima County, in Book 3462 at Pages 1 and following, except as hereinafter amended by this declaration, are declared to be applicable to Lots 1 through 439, inclusive, of that plat recorded in the office of the County Recorder of Pima County, Arizona in ……
The following paragraphs are amendments to the said deed restrictions:
1. In accordance with Board of Adjustments waiver contained in Board of Adjustments minutes No. CO 10 (1) 69-2, dated March 12, 1969, the horse corral area for each of the following numbered lots may be constructed to within ten (10) feet of the side property line and to within ten (10) feet of the rear property line of said lot. This amendment shall apply to Lots 6, 13, 15, 22, 23, 24, 25, 26, 27, 40, 41, 52, 53, 55, 56, 57, 58, 65, 66, 67, 68, 69, 71, 89, 90, 91, 92, 93, 94, 95, 96, 97, 99, 100, 102, 103, 104, 105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 118, 119, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 136, 137, 138, 141, 142, 143, 144, 147, 148, 149, 151, 154, 155, 156, 157, 158, 159, 160, 161, 162, 163, 164, 165, 167, 168, 169, 170, 171, 172, 173, 174, 175, 176, 177, 178, 179, 181, 182, 183, 184, 185, 186, 187, 188, 189, 191, 194, 195, 199, 200, 201, 284, 285, 290, 291, 292, 293, 295, 296, 297, 298, 299, 300, 304, 305, 306, 307, 308, 309, 310, 311, 312, 313, 314, 315, 316, 317, 318, 319, 320, 323, 324, 325, 330, 331, 332, 333, 334, 335, 336, 337, 338, 339, 340, 341, 342, 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 360, 361, 362, 363, 364, 365, 366, 367, 368, 370, and 371.
2. Horses shall not be kept nor stabled on the following lots in said subdivision without the specific written permission of the reversionary owner. This shall not be construed to prevent the keeping of horses by the owners of said lots in the community stable proposed for the subdivision. The following are the lots on which horses are prohibited: 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 19, 20, 21, 28, 29, 37, 42, 43, 48, 49, 50, 51, 54, 70, 72, 86, 87, 88, 98, 101, 116, 117, 120, 132, 133, 134, 135, 139, 140, 145, 146, 150, 152, 153, 166, 180, 190, 192, 193, 196, 197, 198, 286, 287, 288, 289, 294, 301, 302, 303, 321, 322, 326, 327, 328, 329, 355, 356, 357, 358, 359, 369, 372, 373, 374, 375,396, 418, 421, 423, 424, 425, 426 and 427.
3. In accordance with Board of Adjustments waiver contained in Board of Adjustments minutes No. CO 10(4)-73-3, dated April 11, 1973, and these covenants, the horse corral area for each of the following numbered lots may be constructed on the side property line and/or rear property line, and the stable building may be constructed within ten (10) feet of said side and/or rear property lines, within the areas shown on the attached map. This amendment shall apply to Lots 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 419, 420, 428, 429, 430, 431, 432, 433, 434 and 435.
4. In accordance with Board of Adjustments waiver contained in Board of Adjustments minutes No. CO 10(4)-73-3, dated April 11, 1973, and these covenants, the horse corral area for each of the following numbered lots may be constructed on the side property line and the stable building may be constructed within ten (10) feet of the side property line, within the areas shown on the attached map. The stable and corral setback from properties not in Bel Air Ranch Estates shall be as required in the County Building Ordinance. This amendment shall apply to Lots 392, 393, 394, 395, 397, 398, 399, 400, 401, 402, 403, 404, 405, 406, 407, 408, 409, 410, 411, 412, 413, 414, 415, 416, 417, 436, 437, 438 and 439.
5. Horses may be kept on the below numbered lots provided the lot owner shall comply with the said deed restriction and with the requirements provided by the Pima County Zoning Ordinance pertaining to the keeping of horses on property zoned CR-1. The lots upon which horses are permitted are as follows: 30, 31, 32, 33, 34, 35, 36, 38, 39, 44, 45, 46, 47, 59, 60, 61, 62, 63, 64, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84 and 85.
IN WITNESS WHEREOF, STEWART TITLE & TRUST OF TUCSON, an Arizona corporation, as Trustee, has caused this instrument to be executed by its duly authorized officer, and its corporate seal to be hereunto affixed this …..
STEWART TITLE & TRUST OF TUCSON, an Arizona corporation, as Trustee under Trust No. 0500, as Trustee only and not in its corporate capacity
By (signature)
STATE OF ARIZONA
) ss.
COUNTY OF PIMA
This instrument was acknowledged before me this 18th day of April 1969, by Melvin J. King who acknowledged himself to be Trust Officer of Stewart Title & Trust of Tucson, an Arizona corporation, and that he as such officer, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the name of the corporation, as Trustee, by himself as such officer.
(Signature of Notary Public)
1. Said lots, and each and every one thereof are for single family residential purposes only; no building or structure intended for or adapted to business purposes, and no apartment house, double house, lodging house, rooming house, hospital, sanatorium or doctor’s office, or other multiple family dwelling shall be erected, placed, permitted or maintained on said property, or on any part thereof.
2. No improvements or structure whatever, other than a first class private dwelling house, patio walls, swimming pool and customary out-buildings, garage, carport, servants’ quarters, guest house or horse facilities may be erected, placed or maintained on any lot in said property.
3. The native growth of said property shall not be permitted to be destroyed or removed except as approved in writing by the reversionary owner, hereinafter named. In the event such growth is removed, except as stated above, the reversionary owner may require the replanting or replacement of same, the cost thereof to be borne by the lot owner.
4. No elevated tanks or any kind shall be erected, placed or permitted on any part of said property, provided, that nothing herein shall prevent the reversionary owner, his heirs and assigns, from erecting, placing or permitting the placing of tanks and other water system apparatus of said property for the use of water utility serving 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 sufficiently to conceal them from the view from neighboring lots, roads or streets. All clotheslines, garbage cans, equipment, coolers, woodpiles or storage piles shall be walled in to conceal them from the view from neighboring lots, roads or streets. Plans for all enclosures of this nature must be approved by the reversionary owner prior to construction. All plans for construction of patio walls must be approved by the reversionary owner prior to construction. All cinder block walls or concrete block patio walls shall be painted or plastered.
5. (a) All electrical service and telephone lines shall be placed underground and no outside electrical lines shall be placed overhead; provided that this requirement may be waived by the reversionary owner, his heirs or assigns; provided, however, that one such waiver shall not constitute a waiver as to other lots or lines. No exposed or exterior radio transmission and/or receiving antennas shall be erected, placed on or maintained on any part of said property; ordinary television antennas shall not be included in such restriction provided they do not extend above the roof of the house more than five feet. This restriction may be waived by the reversionary owner.
(b) Where facilities for utility services have been installed to or near the property line of a particular lot for the purpose of providing service to that lot, the service connection to serve an improvement on that lot shall be made at and from the installed facilities only. The gas meter shall be placed near the improvement and concealed by the lot owner from view from streets or neighboring lots.
6. 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 to the eye, nor shall any substance, thing or material be kept upon any lot that will emit foul or obnoxious odors, or that will cause any noise that will or might disturb the peace, quiet, comfort or serenity of the occupants of surrounding property.
7. No billboards or advertising signs or any character shall be erected, placed, permitted or maintained on any lot or improvement thereon of this subdivision except as herein expressly permitted. A name and address sign, the design of which shall be furnished to the lot owner on request by the reversionary owner, his heirs, and assigns only when in his discretion the same is necessary to promote the sale of property in and development of the subdivision area.
8. 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, asphalt or hydrocarbon products or mineral of any kind be produced or extracted there from.
9. The said first class private dwelling house erected upon any such lot shall be constructed of stucco masonry or burnt adobe or clay brick or part redwood and other materials as shall be approved in writing by the reversionary owner, with either a gravel, shake, or mission tile roof; or such other materials as are approved by the reversionary owner. No white or light colored roofs shall be permitted unless approved by the reversionary owner. All coolers shall be concealed. Rental of any guesthouse is prohibited; the occupancy thereof being to members of the owner’s family, guests or servants. This shall not be construed as preventing the leasing or renting of an entire lot, together with the improvements thereon.
10. No residence placed or erected on said property shall be occupied in any manner while in the course of construction, or at any time prior to its being fully completed as herein required. No garage or other outbuilding shall be placed, erected, or maintained upon any part of said property except for in connection with a residence already constructed or under construction at the time that such garage or other outbuilding is paced or erected upon the property. Nothing herein shall be construed to prevent the incorporation and construction of a garage as a part of such dwelling house.
11.No domestic fowls shall be kept on any lot in said property.
12. No single family private dwelling house placed or erected upon any lot shall be occupied in any manner while in the course of construction, nor at any time prior to its being fully completed, as herein required; Nor shall any residence, when completed, be in any manner occupied until made to comply with the approved plans, the requirements herein and all other conditions and restrictions herein set forth; all construction shall be completed within six (6) months from the start thereof; provided, that the reversionary owner may extend such time when in his opinion conditions warrant same. No temporary house, temporary dwelling, temporary garage, temporary outbuildings, trailer home or other temporary structure shall be placed or erected upon any lot unless approved by the reversionary owner.
13. All plans for the construction of private roads and driveways and all building plans for any building, fence, corral, wall or structure to be erected upon any lot, and the proposed location thereof, upon any lot, and any changes after approval thereof, any remodeling, reconstruction, alteration or addition to any building, road, driveway or other structure upon any lot in said property shall require the approval in writing of the reversionary owner, his heirs or assigns, or his agent or architect. Before beginning, the construction of any road, driveway, building, fence, wall coping, or other structure whatsoever, or remodeling, reconstruction or altering such road, driveway or structure upon any lot, the person or persons desiring to erect, construct or modify the same shall submit to the reversionary owner, his heirs or assigns, or his agent or architect, as directed, two complete sets of road or driveway plans, showing the locations, course, and width of same or two complete sets of building plans and specifications for the building, fence, wall coping or other structure, as is applicable, so desired to be erected, constructed or modified, and no structure of any kind, the plans, elevations and specifications of which have not received the written approval of said reversionary owner, his heirs, or assigns, or his agent or architect, and which does not comply fully with such approved plans and specifications, shall be erected, constructed, placed or maintained upon any lot. Approval of such plans and specifications shall be evidenced by written endorsement on said plans and specifications, a copy of which shall be delivered to the owner or owners of the lot upon which said prospective buildings, road, driveway or other structure is contemplated prior to the beginning of said construction. No changes or deviations in or from said plans and specifications as approved shall be made without the prior written consent of the reversionary owner. The reversionary owner, his hers or assigns, his agent or architect shall not be responsible for any structural defects in said plans or specifications or in any building or structure erected according to said plans and specifications. The reversionary owner, his heirs, or assigns, may waive the set back provisions contained in item number five herein.
14. The reversionary owner, his heirs or assigns, shall determine the location, color, size, design, lettering, and all other particulars of all mail or paper delivery boxes and standards and brackets and name signs for same in order that the area be strictly uniform in appearance with respect thereto.
15. Nothing herein shall be construed to prevent the reversionary owner, his heirs or assigns, from erecting, placing, or maintaining signs, structures and offices and office buildings as may be deemed necessary by him for the operation of the subdivision.
16. Drainage ways shall conform to the requirements of all lawful public authorities, including the County Engineer of Pima County, State of Arizona, to the full extent of the authority given him by law.
17. No commercial vehicles, construction or like equipment or mobile or stationary trailers of any kind shall be permitted on any lot of the subdivision unless first approved by the reversionary owner.
18. No lot subject hereof shall be resubdivided except as approved by the reversionary owner.
19. The reversionary owner herein mentioned is William G. Pickens, and in the event of his death, inability to act, or assignment by him, his personal representatives, heirs and assigns.
20. The reversionary owner named herein, his heirs, personal representatives and assigns shall have the right to grant and convey all their rights to enforce these deed restrictions to the Bel Air Ranch Estates Community Association, a nonprofit corporation, at such time as in the sole judgment of the said reversionary owner the said Community Association is ready to undertake the obligation of enforcing these deed restrictions. Upon such conveyance and grant the Bel Air Ranch Estates Community Association shall have and shall succeed to all rights and duties with the same powers as if the Association had been named as reversionary owner initially.
21. The following restrictions may be waived by the reversionary owner when in the sole discretion of the reversionary owner good cause for such waiver is shown: Restrictions 5 (b) and 10.
22. A dedicated easement and right-of-way in perpetuity is hereby reserved for the benefit of all lots herein for the erection, construction, maintenance and operation of systems for the transmission of electrical energy and for telephone lines and telegraph lines, and for the laying and maintenance of pipes, mains and conduits for the furnishing of water, gas, sewer service or for 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 on each lot shall be only on the approval of the owner.
23. Horse trailers, boat trailers, campers and similar camper trailers not to exceed 20 feet in length may be stored on the residence lot. Under no circumstances may these units be lived in during the period of storage.
24. Corrals must be a minimum of 400 square feet per animal and must be constructed of the following materials or any combination of them: pipe, wood, railroad ties, wood posts, V mesh wire or cyclone wire. Corral gates shall be constructed of the same material. Minimum acceptable size of planking used in construction of the corral siding shall be at least 2″ X 6″ dimension lumber. The construction of corrals of corrugated metal, barbed wire, single strand wire fencing or range wire is prohibited.
25. Stables and stalls or shelter roofs shall have a minimum size of 12′ X 12′ per horse and should be constructed to blend architecturally with the construction of the residence on the property. Prohibited materials are corrugated iron, corrugated aluminum and barbed wire.
26. Perimeter fencing shall be of approved and acceptable stock fencing, except that barbed wire shall not be used. All perimeter fencing must be approved in writing by the reversionary owner.
27. Cattle guards of an artificial plastic material or painted lines may be used but the use of metal cattle guards is not permitted because they are hazardous to the animals themselves.
All of the aforesaid conditions and restrictions shall continue and remain in full force and effect at all times as against the owner of any lot in said property; however, his title thereto may be acquired, until the commencement of the calendar year 1999, on which date the said conditions and restrictions shall terminate and end; and thereafter be of no further legal or acquit able effect on said property or any owner thereof, provided, however, that said conditions and restrictions shall be automatically extended for a period of ten years, and thereafter in successive ten year periods, unless on or before the end of one of such extension periods or the base period the owners of a majority of the lots in said subdivision shall be written instrument duly recorded declare a termination of the same. Although the conditions, restrictions and covenants may expire as aforesaid, any and all reversions for breach of said expiration shall be absolute.
PROVIDED, William G. Pickens and in the event of his death, inability to act, or assignment by him, his personal representative, heirs and assigns, as Architectural Committee, is hereby substituted wherever Reversionary Owner appears in said restrictions.
PROVIDED, FURTHER, that should the owner of reversionary rights employ counsel to enforce any of the foregoing provisions, of such breach, all costs incurred in enforcing theses restrictions, including a reasonable fee for counsel, shall be paid by the owner of such lot or lots, and the owner of such reversionary rights shall have a lien upon such lot or lots to secure payment of all such accounts.
PROVIDED, FURTHER, that the breach of any of the foregoing provisions, conditions, restrictions or covenants or any reentry by reason of such breach, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value as to any lot or lots or portions of lots in said property but said provisions, conditions, restrictions and covenants shall be binding upon and effective against any such mortgage or Trustee or owner thereof, whose title thereto or whose grantor’s title is or was acquired by foreclosure, trustee’s sale or otherwise.
PROVIDED, FURTHER, that no delay or omission on the part of the owner of the reversionary rights or the owner of other lots in said property in exercising any rights, power or remedy herein provided, in the event of any breach of the conditions, restrictions, covenants or reservations herein contained, shall be construed as a waiver thereof or acquiescence therein, and no right of action against the owner of the reversionary rights for or on account of their failure to bring any action on account of any breach of said provisions, conditions, restrictions or covenants or for imposing restrictions herein which may be unenforceable by the owner of said reversionary rights.
PROVIDED, FURTHER, that in the event any one or more of the conditions and restrictions hereinbefore set forth and contained shall be declared for any reason, by a court of competent jurisdiction, to be null and void, such judgment or decree shall not nullify any of said conditions and restrictions not so declared to be void, but all of the remaining restrictions not so expressly held to be void shall continue unimpaired and in full force and effect, and
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 terms 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, Arizona, may have acquired through dedication or the filing or recording of maps or plats of said property, as authorized by law, and provided further, that no conditions, restrictions, or privileges or acts performed shall be in conflict with any County Zoning Ordinance or Law.
IN WITNESS WHEREOF, Stewart Title & Trust of Tucson, an Arizona corporation, as Trustee, as caused this instrument to be executed by its duly authorized officer, and its corporate seal to be hereunto affixed this 23rd day of September 1970.
STEWART TITLE & TRUST OF TUCSON An Arizona corporation, as Trustee under Trust No. 0500, as Trustee only and not in its corporate capacity
Signed Wanda Dannenfelser