Estrella Joint Committee Covenant
TRANSNATION TITLE INS. CO.
AFTER RECORDING RETURN TO:
SunChase Estrella Limited Partnership 6001 N. 24th Street, Suite A
Phoenix, AZ 85016 Attn.: Cindy Kruh
2 3 5 2 71
O F FICIAL R ECO R DS O F
M A R ICOPA COUNTY R ECOR DER H ELEN PUR CELL
98-1 1 02702 12/07/98 1 1:53
VEZEHI A JS
AMENDMENT TO COVENANT TO SHARE COSTS OF ESTRELLA JOINT COMMITTEE
FOR ESTRELLA MOUNTAIN RANCH
This Amendment to Covenant to Share Costs is made as of the
q,{ day of ” cE ,… , 1998,
by SunChase Estrella Limited Partnership, a Delaware limited partnership (the “Declarant”).
RECITALS
A. Declarant made a Covenant to Share Costs of Estrella Joint Committee for Estrella Mountain Ranch dated August 12, 1997, recorded on August 25, 1997, at instrument no.
,_ 97-.o.584916, in the Office of Recorder of Maricopa County, Arizona (the “Covenant”).
B. According to page 2 of the Covenant, “All property subject to this Covenant as described in Exhibit “B”, and any additional property which may be made a part of this Covenant in the future as set forth herein shall be owned, conveyed and used subject to all of the provisions of this Covenant, which shall run with the title to such property.”
C. The original Exhibit “B” to the Covenant describes property which was not intended to be directly subject to the Covenant in that (i) at the time the Covenant was recorded Declarant did not own any interest in many of the lots described in Exhibit “B” and (ii) Exhibit “B” included “Covered Property” which was already subject to that certain Amended and Restated Declaration of Covenants, Conditions, Restrictions and Easements for Estrella, recorded as aforesaid on April 20, 1995, as instrument no. 95- 0221410 (the “ECA CC&R’s”).
D. Section 10.15 of the ECA CC&R’s already provided that owners of adjacent properties may enter into agreements with the Estrella Community Association (the “ECA”) to share in certain costs associated with portions of an “Area of Common Responsibility” and that owners of such adjacent properties shall be subject to assessment by the ECA and Section 10.16 of the ECA CC&R’s provided that the ECA shall be a member of the Joint Committee.
E. Declarant intends to modify Exhibit “B” to the original Covenant so that the property subject to the original Covenant does not include the Covered Property which is subject to the ECA CC&R’s.
. ‘• .
F. Declarant also intends to modify the Covenant to provide for allocation of certain costs to parcels of land which are used for schools, churches and hospitals.
G. Exhibit “C” to the Covenant contained the By-Laws which in Sections 7.1 and 7.4, state that assessments shall be allocated among Units subject to the Joint Committee’s jurisdiction in accordance with the formula set forth in Exhibit A attached to the By laws.
DECLARATIONS
Declarant hereby amends the Covenant as follows:
I. Exhibit “B” to the original Covenant is hereby replaced in its entirety with Exhibit “B” attached hereto.
2. Exhibit “A” to the By-Laws is hereby replaced in its entirety with Exhibit “A” attached hereto.
IN WITNESS whereof Declarant has executed this Amendment as of the -3 day of
.J.Je c-e!bbc.,.. , 1998.
SUNCHASE ESTRELLA LIMITED PARTNERSHIP,
a Delaware limited partnership
By: Estrella Sun, a California Joint Venture Its General Partner
By: SunChase Estrella, Inc., an Arizona corporation
Its Joint Venture Partnership
78110_2 702
EXHIBIT “A”
Formula for Allocating Assessment Obligations
Assessments shall be allocated among all Units subject to assessment by the Joint Committee based
. on the number of “Equivalent Units” assigned to a particular Unit relative to all other Units. The number of Equivalent Units assigned to each Unit is calculated according to the Unit’s use classification as follows:
Use Classification (dfined below) Equivalent Units
Single family residential Unit (attached, detached and condominium)
• Platted but unimproved
• Improved with certificate of occupancy issued
.50
1.00
Multi-family residential Unit
• Studio Apartment
• One Bedroom Apartment
• Two Bedroom Apartment or larger
.50
.75
1.00
Non-residentiai Units shall receive an equivalency allocation for each three acres of land (rounded to the nearest 3 acres), plus an equivalency allocation for each 1,000 square feet of gross floor area within a structure (defined below) on the Unit (rounded to the nearest 1,000 square feet). The equivalency allocation according to specific non-residential uses are as follows:
•
•
•
•
•
•
•
•
•
The Declarant and/or the Joint •Committee shall have the right but not the obligation, to grant exemptions to certain Persons qualifying for tax exempt status under Section 50I (c) of the Internal Revenue Code so long as such Persons own a Unit subject to the Covenant for purposes listed in Section 50l (c).
) A Unit’s “Use Classification” shall initially be determined by the Declarant at the time of conveyance or commencement of assessments based on the zoning for and intended use of the
Property in accordance with the Master Plan. The Declarant shall provide notice to the Joint Committee of the Use classification of each Unit upon its annexation to the Covenant or a Declaration. Thereafter, the Board shall periodically determine the Use Classification of each Unit
. based on the sum of actual land uses on the Unit. Unit Owners may make an application to the Board to revise the Use Classification of the Unit if its zoning or use has changed from the previous year, or upon the sale or transfer of the Unit to a new Owner, provided, however, not more than one application may be made per Unit per year. Decisions by the Board shall be final.
A “structure” is an enclosed structure intended for occupancy or other use and for which an initial certificate of occupancy has been issued or which is substantially complete, as determined by a licensed engineer or architect, but shall not include parking lots or parking garages.
The percentage of an assessment to be levied on each Unit shall be computed by multiplying the total amount to be assessed by a fraction, the numerator of which is the number of Equivalent Units assigned to such Unit (or Association Entity, as applicable) and the denominator of which is the total Equivalent Units assigned to all Units (and Association Entities) subject to assessment by the Joint Committee. The formula is illustrated as follows (The result, “A,”being the assessment to be levied, in dollars, on the particular Unit):
E U’s Assigned to a Particular Unit
x Budget ($) = A
Total E U’s Assigned to All Units Subject to Assessment
The following illustrates application of the formula:
A 200 acre golf course and resort Unit is subject to assessment by the Joint Committee, which has a clubhouse consisting of a 4,000 square foot restaurant and a 1,500 square foot pro-shop. Included within this single individually owned Unit is a 100 room hotel and a I 0,000 square foot conference center situated on 5 acres.
The Unit is assigned 16.25 Equivalent Units for land within the golf course and related facilities ( 195 divided by 3 X .25 = 16.25), plus 6 Equivalent Units for the restaurant in the clubhouse (4,000 + 1,000 X 1.5 = 6), plus 3 Equivalent Units for the pro-shop (l ,500 rounded to 2,000 + 1,000 X 1.5 = 3). In addition, the Unit is assigned 1.5 Equivalent Units for the 5 acres of land within the hotel and conference center (5 [rounded to 6] X .75 = 1.50, plus 75 Equivalent Units for the hotel rooms
(100 X .75 = 75), plus 15 Equivalent Units for the conference center (10,000 + 1,000
X 1.5 = 15), The total number of Equivalent Units for the Unit is 116.75.
qg 1102102
In the case of a condominium containing both commercial Units and residential Units, each commercial Unit shall be deemed to contain that percentage of the total land comprising the common elements of the condominium equal to the commercial Unit’s percentage interest in the common element of the condominium. No land shall be factored into the Equivalent Units for the residential Units.
The Equivalent Units for each Owner or Association Entity shall be computed annually by the Board, and notice of the allocation of Equivalent Units (including a summary of the computations) shall be sent to each Owner or Association Entity with its notice of assessment. Upon annexation of additional property into the jurisdiction of the Joint Committee, the Board shall recompute the assessment allocation at each Unit or Association Entity and send a notice of recomputed percentages to each Owner or Association Entity, as appropriate; however, no adjustments of assessments previously levied or refunds of assessments paid shall be made to reflect the recomputation.
.i Exhibit “B”
)
The following subdivided Parcels, legally described as follows:
a) SUNCHASE AT ESTRELLA (PARCEL NO. 33), according to Book 451 of Maps, Page 21, records of Maricopa County, Arizona;
b) ESTRELLA MOUNTAIN RANCH PARCEL 43, according to Book 482 of Maps, Page 50, records of Maricopa County, Arizona.
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Engineering,Inc.
15650 N.Black Canyon Highway • Suite 245
Elliot Crossing
! Phoenix. Arizona 85023 • (602) 375-9363 FAX (602) 375-2473
Legal Description
Sun Chase Estrella Ltd. Partnership Our Job No. 18550
18 March 1996
A portion of the West half of Section 11, Township 1 South, Range 2 West of the Gila and Salt River Base and Meridian, Maricopa County, Arizona and more particularly described as follows:
Beginning at the West quarter comer of said Section 11, .from which the Northwest comer of said Section 11, bears North 1° 14′ 39″ East, a distance of 2640.0l feet from the last described point; thence South 74° 41′ 00″ East, a distance of 652.05 feet to a point on the northeasterly right of way line of EIIiot Road as established by ESTRELLA PHASE ONE MAP OF DEDICATION according to the plat of record in Book 318 of Maps, Page 38, records of Maricopa County, Arizona and the TRUE POINT OF BEGINNING of the herein described parcel; thence North 33° 55′ 08″ West, a distance of 446.20 feet; thence North 43° 17′ OS” East, a distance of 77.40 feet; thence North 9° 43′ 53″ West, a distance of 81.78 feet; thence North 21° 31′ 21″ West, a distance of 187.64 feet to a point of curve, concave southeasterly, having a radius of 170.00 feet; thence northeasterly along the arc of said curve, through a central angle
of 74° 05′ 03″, an arc length of 219.81 feet; thence North 52° 33′ 42″ East, a distance of 3.48 feet to a point of curve, concave southeasterly, having a radius of 450.00 feet; thence northeasterly along the arc of said curve, through a central angle of 14° 03′ 26″, an arc length of 110.40 feet; thence North 66° 37′ 08″ East, a distance of 32.83 feet to a point of cu.. :e, concav southerly, having a radius of 425.00 feel; thence easterly along the arc of said curve, through a central angle of 30° 16′ 52″, an arc, length of
224.61 feet; thence South 83° 06′ 00″ East, a distance of 153.28 feet to a point of curve, concave northerly, having a radiu5 of 250.00 feet; thence easterly along the arc of said curve, through a central angle of 30° 02′ 24″, an arc length of 131.07 feet; thence North 66° 5I’ 36″ East, a distance of 64.71 feet to a point on the westerly right of way line of San Gabriel as established by ESTRELLA PHASE ONE MAP OF DEDICATION according to the plat of record in Book 318 of Maps, Page 38, records of Maricopa County, Arizona; thence South 23° 47′ 04″ East and along said westerly right of way line, a distance of 137.93 feet to a point of curve, concave southwesterly, having a radius of 770.00 feet; thence southeasterly along the arc of said curve and continuing along said westerly right of way line, through a central angle of 13° 09′ 35″, an arc length of 176.85 feet; thence South 10°3T 29″ East and continuing along said westerly right of way line a distance of 347.73 feet; thence South 33° 08′ 51″ West and continuing along said westerly right of way line, a distance of 30.33 feet to a point on the northwesterly right of way line of Elliot Road as established by said ESTRELLA PHASE ONE MAP OF — DEDICATION, said point lies on a curve, concave southeasterly, having a radius of 945.00 and whose center bears South 13° 43′ 02″ East from the last described point; thence southwesterly along the arc of said curve and along said northwesterly right of way line, through a central angle of 20° 04′ 05″, an arc length of 330.99 feet; thence South 56° 12′ 53″ West and continuing along said Northwesterly right of way line, a distance of 382.25 feet to the TRUE POINT OF BEGINNING.
Said parcel contains 640,768 square feet or 14.710 acres, more or less.