Villages Community Amendment
TRANSNATlON TITLE INS. CO.
O F F ICIAL R E C O R D S O F
M A R IC O PA C OU NTY R E C O R D ER H EL EN PU R C ELL
99-038841 0 04/23/99 o3:1 6
PAULA n or 11
Ms. Cindy Kruh
Estrella Mountain Ranch 600 I North 24th Street Suite A
Phoen ix, Arizona 85016
No. 97-058491 5
AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VILLAGES AT ESTRELLA MOUNTAIN RANCH
THIS AMENDMENT TO THE DECLARATION OF PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VILLAGES AT ESTRELLA
MOUNTAIN RANCH (“Amendment”) is made as of the date set forth on the signature page hereof by SunChase Estrella Limited Partnership, a Delaware limited partnership (the “Declarant”).
W I T N E S S E T H
WHEREAS, on August 25, 1997, Declarant filed that certain Declaration of Protective Covenants and Restrictions for The Villages at Estrella Mountain Ranch (“Declaration”), as Document No. 97-0584915, in the Maricopa County Recorder’s Office; and
WHEREAS, on November 18, 1998, Declarant filed that certain Supplemental Declaration to the Declaration of Protective Covenants and Restrictions for The Villages at Estrella Mountain Ranch, as Document No. 98-1040646, in the Maricopa County Recorder’s Office; and
WHEREAS, pursuant to the terms of Section 20.1 of the Declaration, the Declarant may unilaterally amend the Declaration for any purpose during the Class “B” membership, subject to the provisions of Article XVI of the Declaration. Such amendments shall become effective upon recording; and
WHEREAS, pursuant to the terms of Section 6.3(b) of the Declaration, the Class “B” membership shall continue until the earlier of: (i) two years after expiration of the Class “B” Control Period pursuant to Section 3 .3 of the By-Laws of The Villages at Estrella Mountain Ranch Community Association, Inc. (“By-Laws”); or (ii) when the Declarant voluntarily terminates such membership earlier by recording a written notice of termination; and
WHEREAS, pursuant to Section 3.3 of the By-Laws, the Class “B” Control Period shall continue until the earlier of (i) when 75% of the total number of Units proposed by the Master Plan for the property described on Exhibits “A” and “B” of the Declaration have certificates of occupancy issued and have been conveyed to Persons other than Builders; (ii) December 31 , 2021; or (iii) when the Class “B” Member voluntarily terminates such control earlier; and
WHEREAS; the Class “B” membership and . the Class “B” Control Period have yet to terminate; and
WHEREAS, pursuant to Section 16.4(b)(ii) of the Declaration, the additional consent of Voting Members representing at least 67% of the Class “A” votes, and the approval of Eligible Holders of first Mortgages on Units to which more than 50% of the votes of Units subject to a Mortgage appertain, shall be required materially to amend any provision of the Declaration relating to assessments; and
WHEREAS, this Amendment does not materially amend the assessment provisions of the Declaration, since it does not alter the assessment obligation between similarly-situated Class “A” Members, affects the assessment structure only during the initial development period, and does not eliminate the Declarant’s obligation to either pay assessments or fund the budget deficit; and
WHEREAS, the consents of Voting Members and Eligible Holders of first Mortgages are not required;
NOW, THEREFORE, the Declaration is hereby amended as follows: 1.
Section 8.1, “Budgeting and Allocating Common Expenses,” is amended by
striking the second paragraph in its entirety and substituting the following paragraph therefor:
The Association is hereby authorized to levy Base Assessments equally against all Units subject to assessment under Section 8.6 to fund the Common Expenses. Notwithstanding any provision to the contrary, in consideration of the fact that unoccupied Units owned by Builders do not
receive the level of benefits from the payment of assessments proportionate to that received by Owners of occupied Units, any unoccupied Unit owned by a Builder shall be assessed at twenty-five percent (25%) of the rate assessed against all other Units, for a period not to exceed eighteen ( 18) months from the date of title transfer to such Builder. Upon the expiration of such 18-month time limitation, and regardless of the Unit’s ownership or occupancy status, such Unit immediately shall be assessed at the full assessment rate. In determining the Base Assessment rate per Unit, the Board may consider any assessment income expected to be generated from any additional Units reasonably anticipated to become subject to assessment during the fiscal year.
The provisions of the Declaration shall continue in full force and effect except as specifically amended hereby.
IN WI1NESS WHEREOF, the undersigned Declarant has executed this Amendment on the 22nd day of April 19 99
DECLARANT: SUNCHASE ESTRELLA LIMITED
PARTNERSHIP, a Delaware limited partn /
Stephe E. Renneckar, Vice President SunChase Estrella, Inc.
General Partner of
Estrella Sun, General Partner
STATE OF ARIZONA )
) SS. .
COUNTY OF MARICOPA )
On this 22nd day of April , 19 before me, the undersigned officer, personally appeared, Stephen E. Renneckar who acknowledged himself to be the Vice President of SunChase Estrella, Inc., general partner of Estrella Sun, general partner of Sunchase Estrella Limited Partnership, a Delaware limited partnership, and that such capacity, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing•the name of the limited partnership.
My Commission Expires: Aue . ‘5
Notary Public Notary Seal
Notary Pubic • State of Arizona MARICCPA COUNTY
My Comm. Ext>lras Auo. 5. 2001
TRANSNATlGi ::E INS. CO.
AFTER RECORDING RETURN TO:
SunChase Estrella Limited Partnership 6001 N. 24th Street •
Phoenix, AZ 85016
Attn.: Ms. Lesle Sweeney
O F F IC IA L R E CO R D S O F
M A R IC OPA CO U N TY R E C O R D ER H EL EN PU R C ELL
2 7 1S 3
– 99-0746678 08/06/99 03:54
7-f-‘1 71/ L IL IAH 1a or ,7
((SUPPLEMENTAL DECLARATION TO THE DECLARATION OF
PROTECTIVE COVENANTS AND RESTRICTIONS FOR THE VILLAGES AT ESTRELLA MOUNTAIN RANCH
THIS SUPPLEMENTAL DECLARATION is made as of the date set forth below by SunChase Estrella Limited Partnership, a Delaware limited partnership (the “Declarant”).
WHEREAS, Declarant recorded that certain Declaration of Protective Covenants and Restrictions for The Villages at Estrella Mountain Ranch on August 25, 1997 in the Official Records of Maricopa County, Arizona as amended and as may be amended from time to time (“Declaration”) at Recorder’s No. 97-0584915; and
WHEREAS, Declarant recorded that certain Supplemental Declaration to Declaration, recorded as aforesaid on November 18, 1998, at Recorder’s No. 98- 1040646, and amended on April 23, 1999, at Recorder’s No. 99-038841 O; and
WHEREAS, pursuant to the terms of Section 9.1 of the Declaration, the Declarant may unilaterally subject all or any portion of the real property described in Exhibit “C” to the Declaration at any time until 40 years after the recording of the Declaration by recording a Supplemental Declaration describing the property to be subjected to the peclaration; and
WHEREAS, pursuant to the terms of Section 6.4(a) of the Declaration, each Supplemental Declaration shall initially assign any property submitted to the Declaration to an existing or newly created Neighborhood; and
WHEREAS, Declarant is the owner of the real property described in Exhibit “A”, attached hereto (“Property”); and
WHEREAS, the Declarant desires to submit the Property to the Declaration, the jurisdiction of The Villages at Estrella Mountain Ranch Community Association, Inc. and otherwise encumber the Property by the Declaration, and to assign the Property to a Neighborhood; and
WHEREAS, the Property is a part of the property shown on Exhibit “C” of the Declaration which may be unilaterally submitted by the Declarant to the Declaration; and •
WHEREAS, this Supplemental Declaration is recorded within 40 years of the recording of the Declaration;
NOW, THEREFORE, pursuant to the powers retained by Declarant under the Declaration, Declarant hereby subjects the Property described in Exhibit A attached hereto to the provisions of this Supplemental Declaration, which shall in addition subject such Property to the provisions of the Declaration. The Property shall be sold, transferred, used, conveyed, occupied and mortgaged or otherwise encumbered pursuant to the provisions of this Supplemental Declaration and the Declaration, both of which shall run with the title to the Property and shall be binding upon all persons having any right, title or any interest in such Property, their respective heirs.• legal representatives, successors, successors-in-title and assigns. •
Article I Definitions
The definitions set forth in Article II of the Declaration are incorporated by reference. Capitalized terms in this Supplemental Declaration have the same meaning as such capitalized terms in the Declaration.
The Property is designated and assigned as a Neighborhood to be known as “Estrella Mountain Ranch Parcel 26.”
Additional Restrictions and Covenants Applicable to this Property
As permitted in Sections 1.3 and 9.3 of the Declaration, the following additional restrictions and covenants shall apply to and be binding against the Property covered by this Supplemental Declaration and the Owners of any of such Property:
3.1 Pursuant to Section 7.2(a)(ii) of the Declaration, the Area of Common Responsibility includes landscaping within public rights-of-way within or abutting the Property and between the streets and the sidewalks and shall be maintained by the Association and the costs thereof included in the Common Expenses.
3.2 The Board may completely prohibit all on-street parking of any kind along one side of all streets within the Property covered by this Supplemental Declaration. The Board may also provide for the posting of “No Parking” signs along all areas which are designated by the Board as no-parking areas. Nothing herein contained diminishes the right of the City of Goodyear to regulate and prohibit parking on public streets; all Owners are hereby put on notice that the City of Goodyear has indicated that it may exercise its right to prohibit parking along the public streets within the Property covered by this Supplemental Declaration.
3.3 In furtherance of Section 4.1 of the Declaration that no structure or thing may be placed, erected, installed or posted on the Properties and no improvements or other work shall take place within the Properties except in compliance with Article IV of the Declaration and the Design Guidelines:
(a) No double side yard gates which are eight feet wide or wider shall be permitted in any fences unless specifically approved by the Reviewer;
(b) All landscaping materials are subject to regulation by the Design Guidelines; no plants bedded in pots are permitted in front yards; and
(c) No modifications to landscaping originally approved by the Reviewer shall be permitted except in compliance with the Design Guidelines;
3.4 The Board may modify the foregoing restrictions in the same manner as the Board may modify the Use Restrictions described or referred to in the Declaration.
Disclaimer re Golf Course Use or Privileges
“Estrella Mountain Ranch Golf Club” is presently located at 11800 S. Golf Club Drive, Goodyear, Arizona, within the Estrella Mountain Ranch community and is presently open to the public, including owners of Units, on a fee basis, i.e., at rates that are fixed by the owner of the golf course in its sole discretion from time to time. Neither membership in the Association nor ownership or occupancy of a Unit shall confer any ownership interest in or right to use any golf course built within Estrella Mountain Ranch, including without limitation, the “Estrella Mountain Ranch Golf Club.” The owner of any golf course, including “Estrella Mountain Ranch Golf Club,” shall have the right. from time to time in its sole and absolute discretion and without notice, to amend or waive the terms and
conditions of use of the golf course, including, without limitation, eligibility for and duration of use rights, categories of use and extent of use privileges, and
number of users, and shall also have the right to reserve use rights and to terminate use rights altogether, subject to the terms of any written agreements with any persons who are members of an organization that obtains use rights concerning the golf course. Rights to use any golf course will be granted only to such persons, and on such terms and conditions, as may be determined from time to time by the owner of such golf course.
All Persons, including all Owners, are hereby advised that no representations or warranties have been or are made by the Declarant, the Association, any Builder, or by any Person acting on behalf of any of the foregoing, with regard to the continuing ownership, use, or operation of any golf course, and no purported representation or warranty in such regard, either written or oral, shall be effective unless specifically set forth in a written instrument executed by the record Owner of such golf course.
Further, the ownership or operation of any golf course may change at any time by virtue of, but without limitation, (a) the sale to or assumption of operations of any golf course by a Person other than the current owner or operator; (b) the establishment of, or conversion of the membership structure to,
an “equity” club or similar arrangement whereby the Owners of the golf course or an entity owned or controlled by members become the owner(s) and/or operator(s) of such golf course; or (c) the conveyance of any golf course to one or more affiliates, shareholders, employees, or independent contractors of the Declarant. No consent of the Association or any Owner shall be required to effectuate any change in ownership or operation of any golf course, for or
without consideration and subject to or free of any mortgage, covenant, lien, or other encumbrance.
So long as Declarant owns property described in Exhibits “8” or “C” of the Declaration for development as part of The Villages at Estrella Mountain Ranch, the Declarant shall have the unilateral right to amend this Supplemental Declaration for any purpose as set forth in Section 20.1 of the Declaration, which is incorporated herein by reference. Otherwise, the Supplemental Declaration may be amended only by the affirmative vote or written consent, or any combination thereof, of Owners of 75% of the Units in such Neighborhood, and the consent of the Declarant so long as the Oeclarant owns any property subject to the Declaration or which may be annexed to the Declaration in accordance with Section 9.1 of the Declaration. After the Oeclarant’s right of consent
expires, any such amendment adopted by the Owners shall require the consent of the Board. The right of the Owners to amend this Supplemental Declaration shall not include the rigtit to withdraw the Property from the provisions of the Declaration.
In witness whereof, the Declarant executed this Supplemental Declaration as of the 6 t h day of August, 1999.
SunChase Estrella Limited Partnership, a Delaware limited partnership
By: Estrella Sun, a California joint venture, General Partner
By: SunChase Estrella, Inc., an Arizona corporation,
By: . ,?,
STATE OF ARIZONA )
COUNTY OF MARICOPA )
The foregoin instru ent wa *knowledgee me this day of
August. 1999, by ‘ :
SunChase Estrella, nc., an Arizona corporation, Joint Venture Partner of Estrella Sun, a California joint venture, General Partner of SunChase Estrella Limited Partnership, a Delaware limited partnerbehlf of the limite artnershiR
My Commission Expires:
Legal Description of Property Being Annexed:
Lots 1 through 185, inclusive, and Tracts A though T, inclusive, according to plat entitled “Estrella Mountain Ranch, Parcel 26”, recorded on August
6 , 1999, at Book 508 of Maps, Page 38 and/or as instrument No.
9’J-O 7 2 9 7 4 8 , in the office of Recorder of Maricopa County, Arizona.
Neighborhood Designation: Parcel 26