Declaration of Restrictions
(A Compilation)
FOREST LAKES ESTATES
KNOW ALL MEN BY THESE PRESENTS:
That the (respective Title Company), an Arizona
corporation, as Trustee, being the owner of the following described
property situated in the County of Coconino, State of Arizona,
to-wit:
Lots 1 through 925, FOREST LAKES ESTATES according to the
plat in the office of the County Recorder of Coconino County, Arizona, in
Book Various of Maps, page Various thereof, and desiring to establish the
nature of the use and employment thereof, does hereby declare said
premises subject to the following expressed conditions and stipulations as
to the use and enjoyment thereof, to-wit:
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That all lots in said FOREST LAKES ESTATES, shall be
known and described as residential building lots and shall be used for
no other purpose, except as follows:
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Churches, or similar places of worship, including a
parish house, and convents and dormitories accessory thereto, open
land and outside recreational facilities in conjunction with such
project may be permitted.
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Schools colleges, universities and dormitories
accessory thereto, including athletic field, playground and swimming
pools, whether private or public.
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Public utility buildings and facilities, when
necessary for serving the surrounding territory, provided that no
public business office of said public utility and no repair or
storage facilities may be maintained thereon.
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Use by professional persons and by artists when not
more than one (1) employee who is not a member of the household is
employed, but there shall not be more than 1 (one) sign on any lot
to show the location of said professional or artistic business and
said sign shall not exceed 12" x 18".
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Publicly owned and operated buildings or properties,
including, but not limited to parks and playgrounds, but excluding
repair and storage facilities.
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Guest ranches (removed after Unit 3).
Significant change in Unit 11 only Paragraph I
completely replaced with the following:
- That the following listed lots in FOREST LAKES ESTATES UNIT ELEVEN
872 -896 -898 -900 -901 -903 -905 -906 -907 -908, shall be known and
described as RESIDENTIAL building lots and shall be used for no
other purpose.
- The following listed lots in FOREST LAKES ESTATES UNIT ELEVEN 878
-879 -880 -881 -891 -892 -893 -913 -916 -917 -918 -919 -920 -921
-922 shall be known and described as multiple-residential building
lots to include single
family dwellings, office buildings, and other similar uses.
- The following listed lots in FOREST LAKES ESTATES UNIT ELEVEN, 871
-873 -874 -875 -876, shall be known and described as LIGHT
Commercial building lots to include dwellings, motels, hotels,
retail stores and other similar
uses.
- The following listed lots in FOREST LAKES ESTATES UNIT ELEVEN 877
-882 -883 -884 -885 -886 -887 -888 -889 -890 -894 -895 -897 -899 -
902 -904 -909 -910 -911 -912 -914 -915, shall be known and described
as Heavy commercial building lots to include retail commercial
operations, and commercial recreational facilities.
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All structures whether dwelling houses, outbuildings
used in connection with said dwelling houses, or otherwise, shall be
constructed of new materials and shall be built in a workmanlike and
neat manner so as to present an attractive and pleasing appearance.
Simplicity of design, good proportion and an appearance of naturalness
to the forest setting, are desired in the completed structure.
House-trailers may be used as dwelling houses when the same contains
inside bathrooms and the said plumbing meets requirements provided in
paragraph 4 below.
Amendment to paragraph 2
Unit One, Lots one (1) through thirty -three (33) No house
trailers or mobile homes may be used as a permanent dwelling house. A
house trailer or mobile home may be used as a temporary residence
during construction of a permanent dwelling house, but in no event for
a period in excess of one (1) year. A dwelling house shall contain at
least 700 (seven
hundred) square feet of livable area.
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No structure shall be commenced or erected on any said lots until
the design and location of such structure and the kind of materials to
be used in such structure have been approved, in
writing, by a three member Architectural Committee, the first
Committee being composed of three members appointed by (name of
developer), which committee shall act until 100% of
the lots have been sold by the Trustee and then by a committee elected
by a majority of the owners of said lots in said FOREST LAKES ESTATES,
UNIT 1 thru 11. Any two (2) of
the members of such committee may pass upon such design, location and
kinds of materials. In the event there is no committee in existence
under either manner of appointment or
election, or in the event such committee fails to approve or
disapprove such design or location or kinds of materials to be used in
such structure within thirty (30) days after written
request so to do, such request to be filed with the committee, then
such approval of the committee will not be required, provided, the
design, location and kind of materials and
buildings to be built on said lots shall be governed by all of the
restrictions herein set forth and said buildings shall be in harmony
with existing buildings and structures in the immediate vicinity in
said subdivision.
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No outside toilets or open plumbing shall ever be permitted or
maintained on said subdivision. Until such time as sewers may be
available all bathrooms, toilets or sanitary conveniences shall be
connected to a septic tank systems constructed according to the
standards of the Coconino County Department of Health
specifications
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Each owner of any lot shall be responsible for keeping said lot
free of debris or waste. No portion of any lot shall be used for open
storage of any nature, except that during the period
of construction of any structure there may be stored, adjacent to said
structure, materials for use in said structure for a period not to
exceed six (6) months. No temporary structures,
such as tents, shall be permitted on any lot for a period to exceed
one hundred twenty (120) days.
Significant additions, Unit 5 through Unit 11:
No advertising signs (except "For Rent " or "For
Sale" signs, no larger than 2 X 3 feet, billboards, unsightly
objects or nuisance shall be erected placed or permitted any of said
lots, nor shall the premises be used in any way for any purpose which
may endanger the health or unreasonably disturb the holder of any lot in
said subdivision; provide, however, that the subdivider and their agents
may erect and maintain signs advertising the sale of lots in said
subdivision.
No disabled or dismantled vehicles or machinery will be allowed on
any lots, nor unsightly accumulations of building materials be
permitted.
The storage, collection, disposal, mid removal of all debris,
garbage. mid trash must be in accordance with County, State, and Forest
Service requirements. All incinerators and other equipment for the
storage or disposal of such material shall be kept in a clean and
sanitary condition.
In the event that during the period these restrictions govern, the
Arizona State Highway Commission should designate a ; "State
Highway, " as the same is defined in Section 18-101, Arizona
Revised S (1956), across FOREST LAKES ESTATES UNIT FIVE or any portion
thereof, then the lots which immediately adjoin said "State
Highway", or any portion thereof, may be used for such commercial
purposes as the same may be zoned by the Planning and Zoning Commission
of the County of Coconino Arizona, when such zoning shall have been
approved by the Board of Supervisors of said County mid by the
Architectural Committee referred to herein.
Significant addition, Unit 11 on
In the event that during the period in which these restrictions shall
govern, the Arizona Public Service shall cause its power line to be
extended into FOREST LAKES UNIT ELEVEN then said Arizona Public Service
Company shall have easement rights-of-way mid the down-guy easements
hereby granted shall be only at lot corners, extending along lot fine no
farther than twenty-five (25) feet and being no wider than two (2) feet
on any one lot.
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The foregoing restrictions run with the land and shall be binding
until (date established at the inception of the respective Unit), at
which time said covenants shall be automatically extended for
successive periods of five (5) years, unless, by a majority of the
then individual property owners, it is agreed to change these
covenants in whole or in part.
Deeds of conveyance of said property, or any part thereof, may contain
the above restrictive covenants by reference to this document, but whether
or not such reference is made in such deeds, or any part thereof, each and
all restrictive covenants shall be valid and binding upon the respective
grantees. Violation of any one or more of such covenants may be restrained
by any court of component jurisdiction and damages awarded against the
violator. Each and every grantee expressly consents to the entry of a
mandate in accordance with said covenants and further expressly consents
to the award of reasonable attorneys' fees against him in any action
brought to enforce any one or more of such restrictive covenants,
provided, however, that a violation of these restrictive covenants, or any
one or more of them, shall not affect the lien of any mortgage which may
hereafter be placed of record upon said tract. or any part thereof.
Should any of the restrictions herein contain be held to be invalid or
void, such invalidity or voidance of such restrictions shall in no way
affect the validity of the rest of said restrictions.
IN WITNESS WHEREOF, the (respective Title Company), an Arizona
Corporation, as Trustee, has hereunto caused its corporate name to be
signed and its corporate seal to be affixed and the same to be attested by
the signatures of its duly authorized officers this day of 19____.
(respective Title Company)
by:__________________
Officer
: ___________________
Secretary
Recording Certification
Notarization
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