Declaration of Restrictions

KNOW ALL MEN BY THESE PRESENTS:

That the TRANSAMERICA TITLE INSURANCE COMPANY of Arizona, 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 33 FOREST LAKES ESTATES, according to the plat of record in the office of the County Recorder of Coconino County, Arizona, in Book 2 of Maps, page 43 thereof; and desiring to establish the nature of the use and enjoyment thereof, does hereby declare said premises subject to the following expressed conditions and stipulations as to the use and enjoyment thereof, to-wit:

1. 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:

(a) 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.

(b) Schools colleges, universities and dormitories accessory thereto, including athletic field, playground and swimming pools, whether private or public.

(c) 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.

(d) 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".

(e) Publicly owned and operated buildings or properties, including, but not limited to parks and playgrounds, but excluding repair and storage facilities.

(f) Guest ranches

2. All structures, whether dwelling houses, outbuildings used in connection with said dwelling houses, shall be constructed of new materials and shall be built in a workmanlike 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 contain inside bathrooms the said plumbing meets the requirements provided in paragraph four(4) below.

3. No structure shall be commenced or erected on any said lot until the design, location, and kind of materials to be used have been approved, in writing, by a three member Architectural Committee, the first committee being composed of three members appointed by Bill Denison, 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 subdivision.  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 the kind 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 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.

4. 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 aseptic tank systems constructed according to the standards of the Coconino County Department of Health specifications

5. 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 such 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.

6. The foregoing restrictions run with the land and shall be binding until January 1, 1975, at which time said covenants shall be automatically extended for successive periods of five (5) years, unless, by a majority of the then 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 such 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 such 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 attorney’s 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 contained 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 PHOENIX TITLE AND TRUST 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 25^th day of May 1964.

PHOENIX TITLE AND TRUST COMPANY

by:                             

  Trust Officer

STATE OF ARIZONA

County of Maricopa

            On this, the 25^th day of May 1964, before me the undersigned officer, personally appeared, Myron C. Howard and Vincent A. Pellerito who acknowledged themselves to be the Assistant Vice President and Assistant Secretary respectively, of the Phoenix Title and Trust Company, a corporation, and that they as such officers, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the corporation, as Trustee, by himself as such officers. 

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public

My commission expires:      9-16-65    

FIRST AMENDED

DECLARATION OF RESTRICTIONS

            This First Amended Declaration of Restrictions, made this 1^st day of March 1977, by the homeowners of Forest Lakes Estates, Unit One (hereinafter referred to as declarant).

            Whereas declarant is the owner or owners of the following described premises situated in the County of Coconino, state of Arizona, to wit: Unit One, Lots one through thirty-three, Forest Lakes Estates, according to plat of record in the office of the County Records of Coconino County, Arizona in Book 2, of maps. Page 43 thereof: an whereas declarent is the owner of owners of a simple majority of all of the lots as shown in Unit one of Forest Estates, all of which lots are subject too that certain declaration of restrictions dated 25^th day of May, 1964, recorded May 28^th, 1964, in docket 219, page 567-568: and whereas declarant desires to amend said declaration of restrictions solely for the purpose of restriction trailer houses as permanent dwelling house.

            Now, Therefore, Declarants hereby declare that the aforesaid Declaration of Restrictions be, and the same is hereby amended in the respects hereinafter set forth, to-wit:

1.       Paragraph 2 is amended by deletion of the last sentence and substituting the following

No house trailers or mobile homes may be used as permanent dwelling house.  A house trailer or mobile home may be use as a temporary residence during construction of the 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.

            Except as amended and modified hereby, the said declaration of restrictions shall remain in full force and effects as against all lots in Forest Lakes Estates in Unit one, lots one through thirty-three.